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Environmental & Natural Resources Law Program

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prepAre. protect.

prioritize.Exploring Colorado’s New Water Plan

April 18, 2014

University of Denver Water Law Review presents:

University of Denver Sturm College of Law Ricketson Law Building

April 18, 2014

White & Jankowski, llp Lawyers



prepAre. protect. prioritize.

Good morning and welcome to the University of Denver Water Law Review’s Seventh Annual Symposium! As always, we are excited to host this unique opportunity for professionals, community members, and students to come together from across Colorado and throughout the West to discuss vital new developments in water law.

The mission of the University of Denver Water Law Review is to serve as a unique, high-quality forum for the exchange of ideas, information, and legal and policy analyses concerning water law. We accomplish this mission through our Annual Symposium, our internationally circulated print publication, and our fantastic online content. We hope you will visit www.duwaterlawreview.com to learn more about our flagship print publication, online resources, and dedicated staff and Advisory Board.

Last summer, Governor Hickenlooper directed the Colorado Water Conservation Board (CWCB) to draft a new water plan for the state of Colorado. Today, with full support from the CWCB, we will discuss the drafting and implementation of this new plan, as well possible benefits and ramifications that may come from it.

James Eklund, Executive Director of the CWCB, will deliver the opening presentation. Three additional representatives from the CWCB will then join Mr. Eklund to form our morning panel. Next, four Basin Roundtable representatives will meet to discuss Colorado’s new plan from a variety of fascinating perspectives. After lunch, an interstate panel fill focus on how Colorado can learn from and align with neighboring states’ water plans. Amy Beatie, Executive Director of Colorado Water Trust, will end the day with an ethics presentation.

This year’s Symposium would not be possible without generous support from the Colorado Water Conservation Board. We would also like to thank White & Jankowski, Denver Water, the University of Denver Sturm College of Law’s Environmental & Natural Resources Law Program, the Colorado Water Trust, and Water For People for making this year’s event possible.

We hope you enjoy the Symposium, and join us at the end of the day for a cocktail reception in the forum!

Chris StevensSymposium Editor

Rob BullardEditor-in-Chief

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Exploring Colorado’s New Water Plan

About the wAter lAw review

The Water Law Review seeks to provide a unique, high-quality forum for sharing ideas, information, and legal and policy analyses concerning water issues. It is the intent of the editorial board and staff to make the Review a valuable resource for the practitioner, the scholar, and the policy maker.

The Review primarily emphasizes water law issues; however, we understand that nothing exists in isolation, neither in law nor in nature. Therefore, it is the express policy of the Review to solicit and to publish scholarly works that discuss water law as it affects and is affected by related areas, legal or otherwise. To that end, we remain pleased to present articles by nationally recognized experts, practitioners, officials, scholars, and others involved in the fields of water law and water planning.

We do not restrict the Review’s coverage to any one jurisdiction. We live in a highly complex global community where water remains one of the most critical components. The more ideas and information we share, the more successful we will be when managing today’s problems and tomorrow’s challenges. Therefore, we invite our readers to submit articles that address the full range of issues in water law and water management from any geographical location.

SubScription information

To subscribe, please email your subscription request to the Business Editor at [email protected]. The Water Law Review is published twice annually at the University of Denver Sturm College of Law.

Annual Subscription Rates:Institution/professional rate $40.00Student rate $20.00

Single Issue Prices:Institution/professional rate $25.00Student rate $15.00

www.duwaterlawreview.com >>

Volume 17 Editorial Board

Editor-in-Chief: Rob Bullard

Managing Editors: Aubrey Markson and

Jenna Anderson

Production Editor: Zander Louden

Articles Editors: Natasha Schissler, Jim Fogg,

Ashley Jackson, Aaron Brunskill, Koley Borchard,

Christopher Stork

Court Reports Editors: Davis Wert and Chris Butler

Symposium Editor: Chris Stevens

Business Editor: Austin Rueschhoff

Online Content Editor: Andy McFadden

University of DenverWater Law Review

prepAre. protect. prioritize.AgendA

April 18, 2014 | University of Denver Water Law Review Annual Symposium | www.duwaterlawreview.com

7:30 a.m. – 8:30 a.m.

registrAtion: Coffee, tea, water, and a continental arrangement will be provided.

8:30 a.m. – 9:15 a.m.

opening presentAtion: Goals for Colorado’s Water Plan: an Overview

James Eklund, Executive Director of the Colorado Water Conservation Board (CWCB)Goals for Colorado’s Water Plan: an Overview.

As a lawyer and government official, Eklund is already a disappointment to much of his family on the Western Slope. He is redeemed in their eyes, however, because he drinks whiskey and fights over water (but never at the same time). The CWCB protects the state’s water with responsibilities ranging from the Colorado Water Plan to flood preparedness and response. Eklund is a graduate of Stanford University and the University of Denver Sturm College of Law (neither of which, his father is quick to note, made him any better at cleaning ditches or irrigating pasture). The Upper Colorado River endangered fish he most identifies with is the Razorback Sucker because he thinks of himself as sharp but also somewhat gullible.

9:15 a.m. – 10:30 a.m.

pAnel 1: Exploring Colorado’s New Water Plan, feat. Representatives from the Colorado Water Conservation Board.

Moderator:Amy Beatie, Executive Director, Colorado Water Trust Amy began her tenure at the Colorado Water Trust in 2007, after nearly six years practicing water litigation. Amy helped found the University of Denver Water Law Review and eventually served as its Editor-in-Chief. She now sits on its Advisory Board, as well as the Advisory Board of Metro State University’s One World One Water Center and the Board of Directors of the Colorado Water Congress. Amy has lived in Colorado since 1993, although two short detours took her to Alaska and Wyoming for a year and a half. She’s a fourth generation kid to a farm in Maine that still uses her grandfather’s 1935 Ford Phaeton to get around. In May 2013, Ms. Beatie received the Colorado Foundation for Water Education’s Emerging Leader award.

Rebecca Mitchell, Water Supply Planning Section Chief, CWCBUpdate on the Statewide Water Supply Initiative.

Before serving on the CWCB, Ms. Mitchell was the Water Policy and Issues Coordinator for the Colorado Department of Natural Resources, where she worked on a variety of state water issues, including the NEPA process, wild and domestic scenic river designations, sustainability, endangered species programs, and water rights policy. Ms. Mitchell worked as a consulting engineer in both the private and public sectors before joining DNR. She received both her B.S. and M.S. from Colorado School of Mines.

Ted Kowalski, Interstate, Federal, and Water Information Section Chief, CWCBTed manages the section of CWCB that oversees the Platte River, Upper Colorado River, and San Juan River Recovery Implementation ESA Programs, and a variety of other water programs for Colorado. He is a senior negotiator on federal, interstate, and international issues related to the Colorado River. Ted has testified before Congress and before the Colorado General Assembly. He has also appeared on Rocky Mountain PBS and a number of NPR programs, presented at dozens of water conferences, and written articles for the Water Law Review, the Water Report, and the Colorado Water Law Benchbook. Ted lives in Louisville, CO, with his wife Jessie, their son Benjamin, and their daughter Ellie.

Linda Bassi, Stream and Lake Protection Section Chief, CWCB Linda Bassi has worked for CWCB since September 2004. She is responsible for all program areas of the Colorado Instream Flow and Natural Lake Level Program, which include new instream flow appropriations, legal protection, monitoring and enforcement of CWCB’s instream flow water rights, acquisitions of water for instream flow use by the Board, and development of legislation, policies, and rules related to the Program. Linda received her J.D. from IIT-Chicago Kent College of Law in 1994, completing a program in Environmental and Energy Law.

Mr. Eklund will join the CWCB panelists for questions and discussion.



www.duwaterlawreview.com | University of Denver Water Law Review Annual Symposium | April 18, 2014

10:30 a.m. – 11:00 a.m.

breAk: Refreshments in the hallway, with space available in the Forum for networking.

11:00 a.m. – 12:30 p.m.

pAnel 2: Colorado’s Basin Roundtables - Perspectives from Across the State

Moderator:Star Waring, Natural Resources and Water Law Attorney at Dietze and Davis, P.C., and Adjunct Professor of Water Law at the University of Denver Sturm College of Law.Star Waring is a shareholder in the Boulder law firm of Dietze and Davis, P.C. where her practice focuses on water law. She has represented clients in transactional matters related to water rights and in litigation in the water courts, federal and tribal courts, and appellate courts. She has lectured extensively on topics related to water law and has published several articles. Ms. Waring received her undergraduate and law degrees from the University of Colorado and attended the University of Wisconsin Law School. She teaches water law at the University of Denver as an adjunct professor.

Marc Waage, Metro Basin Roundtable, Denver City and County RepresentativeDiscussing the particular issues Colorado’s New Water Plan seeks to address and resolve within the Denver Metro Basin. Mr. Waage will provide an urban perspective for the panel.

Marc Waage leads the water resources, watershed, and climate adaptation planning for Denver Water. Marc participates in regional water planning through the Metro Water Roundtable and the Interbasin Compact Committee, the Front Range Water Council, and the municipal workgroup for the Colorado River Basin Study. Prior to his water-planning work, Marc directed the operation of Denver Water’s extensive water collection system for twenty years. Marc has a Bachelor’s and a Master’s degree in Civil Engineering from Colorado State University and is a professional engineer.

Gary Barber, Arkansas Basin Roundtable, Chair Discussing the particular issues Colorado’s New Water Plan seeks to address and resolve in the Arkansas River Basin, including increased competition for scarce water resources. Mr. Barber will provide an agricultural perspective for the panel.

Gary Barber is the intermountain regional director for WestWater Research, LLC. Headquartered in Boise, ID, WestWater has been involved in water rights valuation and consulting in at least 20 Western states, with offices in Phoenix, AZ, Vancouver, WA, and Colorado Springs, CO. Barber’s resume includes sixteen years of involvement with Colorado water rights. He has previously worked with the El Paso County Water Authority, Pikes Peak Regional Water Authority, and the Fountain Creek Watershed Flood Control and Greenway District. Gary is the current chairman of the Fountain Creek Watershed Greenway Fund. Barber is originally from Colorado Springs, graduating from the United States Air Force Academy in 1976.

Ken Neubecker, Colorado Basin Roundtable, Environmental Representative Discussing issues Colorado’s New Water Plan seeks to address and resolve in the Colorado River Basin, with a particular emphasis on environmental concerns, including preservation, supply and demand, and beneficial use. Mr. Neubecker will provide an environmental perspective for the panel.

Ken currently works for American Rivers, a national river conservation organization. He is the Environmental Representative on the Colorado Basin Roundtable and has been involved with water, forest, and land issues in the Colorado Basin and West Slope for over twenty years. Ken is a graduate of Lawrence University in Appleton, WI, and the University of Colorado. Ken has been a professional land surveyor, naturalist, wilderness and river guide, writer, photographer, and teacher. He lives in Carbondale with his wife Paula and their “river schnauzer” Gus.

prepAre. protect. prioritize.AgendA


Sean Cronin, South Platte Basin Roundtable, ChairProviding a suburban and developmental perspective, and discussing particular issues Colorado’s New Water Plan seeks to address and resolve in the South Platte River Basin.

Sean is the Executive Director for the St. Vrain and Left Hand Water Conservancy District. He has over nineteen years of experience in water resource planning and policy. Prior to joining the District, Sean spent thirteen years with the City of Greeley, including the last six as their Water Resources Manager. Sean is chairman of the South Platte Basin Roundtable and serves on the Board of Directors for the Colorado Section of the American Water Resources Association. Sean lives in his adopted home of Colorado with his wife and two children. When he isn’t spending time with family, working, or volunteering, you can find Sean on a river trying to master the art of making a trout rise.

12:30 p.m. – 2:00 p.m.

lunch: Buffet-style, served in the Forum.

2:00 p.m. – 3:30 p.m.

pAnel 3: Water Plans in Colorado and Elsewhere; Perspectives from Across the West

Moderator:Tom I. Romero, II, Professor of Water Law at the University of Denver Sturm College of LawTom Romero is an Associate Professor of Law and Affiliated Faculty with the Department of History at DU. He teaches and researches legal history of the American West, Latinos and the law, school desegregation in multiracial contexts, property, land use, water law, and urban development and local government in the United States and Latin America. His work on such topics have appeared in many law reviews and scholastic journals. A native Denverite and undergraduate alum of the University of Denver, Dr. Romero is also a graduate of the University of Michigan, where he received his J.D. and Ph.D. in history.

Clive Strong, Chief of the Natural Resources Division of the Office of the Attorney General of the State of IdahoProviding an overview of Idaho’s history with its water plan and identifying ways the plan has helped or hindered natural resource development and conservation in Idaho.

Clive Strong works exclusively in the areas of environmental, natural resource, water, and Indian law. He is the lead attorney for the State of Idaho in the Snake River Basin Adjudication, a general adjudication of over 150,000 private, state, and federal water right claims. Mr. Strong also assisted in the drafting of the 2012 Idaho State Water Plan.

Steve Wolff, Colorado River Coordinator for the Wyoming State Engineer’s OfficeSharing experiences and perspectives regarding Wyoming’s water plan and how Wyoming and Colorado could use Colorado’s New Water Plan for the benefit of both states.

Steve Wolff is Program Manager for Wyoming’s Colorado River Compact Administration Program, in the Interstate Streams Division of the Wyoming State Engineer’s Office. The program oversees Wyoming’s involvement in Colorado River Basin water management activities as they relate to the Colorado River and Upper Colorado River compacts, as well as other interstate water management issues. Steve is also involved in Wyoming’s water planning activities in the Green River Basin, which is led by the Wyoming Water Development Commission.

Sarah Klahn, Managing Partner with White & Jankowski, L.L.P.Providing a Colorado-based perspective on the New Plan that takes into account water ecology, water rights, and water law as it affects the West as a whole.

Sarah Klahn works to protect the water rights of municipal, industrial and ranching clients in Colorado, Idaho, Wyoming, and New Mexico. She has litigated dozens of cases and settled many more. Sarah edits the Water Law chapter of West’s Krendl’s Colorado Methods of Practice and is a member of the Board of Advisors for the National Judicial College’s Dividing the Waters program for water judges. She is included in The Best Lawyers in America in the field of water law and has also been recognized in Colorado Super Lawyers.



www.duwaterlawreview.com | University of Denver Water Law Review Annual Symposium | April 18, 2014

Elizabeth Fazio, Director for the Committee on Natural Resources in the Texas House of RepresentativesSharing her experiences working to develop and pass legislation to finance over $27 billion in water development projects over the next fifty years and explaining how the Texas water plan played a pivotal role in that development.

Elizabeth Fazio (“Liz”) serves as Director for the Committee on Natural Resources at the Texas House of Representatives, where she provides strategic planning for the development of natural resources and water rights. Prior to serving as Committee Director, Liz pursued opportunities in the private sector. In these roles, Liz participated in several multimillion dollar and multinational transactional projects. Liz holds both her L.L.M. in Taxation and her J.D. from the University of Denver Sturm College of Law, where she served as President of the Student Bar Association.

David Aladjem, Partner with Downey Brand, L.L.P.Presenting the role California’s water plan plays in his work at one of Sacramento’s largest and most successful water firms, discussing how California’s plan works, and what Colorado might learn as the state moves forward with its New Water Plan.

David Aladjem helps clients throughout California manage and resolve water resources management problems. As both general counsel and special counsel for water districts, cities, counties, and private companies he provides clients with unparalleled experience and insight in dealing with the regulatory maze and in negotiating with other water rights holders, state and federal agencies, and environmental groups. He practices regularly before the State Water Resources Control Board and other state and federal agencies that regulate water resources or endangered species.

3:30 p.m. – 4:00 p.m.

breAk: Refreshments in the hallway, with space available in the Forum for networking.

4:00 p.m. – 4:45 p.m.

Legal Ethics and Colorado’s New Water Plan

Amy Beatie, Executive Director, Colorado Water TrustDelivering an address that focuses on the role ethics will play as Colorado water attorneys move forward with Colorado’s New Water Plan.

Amy began her tenure at the Colorado Water Trust in 2007, after nearly six years practicing water litigation. Amy helped found the University of Denver Water Law Review and eventually served as its Editor-in-Chief. She now sits on its Advisory Board, as well as the Advisory Board of Metro State University’s One World One Water Center and the Board of Directors of the Colorado Water Congress. Amy has lived in Colorado since 1993, although two short detours took her to Alaska and Wyoming for a year and a half. She’s a fourth generation kid to a farm in Maine that still uses her grandfather’s 1935 Ford Phaeton to get around. In May 2013, Ms. Beatie received the Colorado Foundation for Water Education’s Emerging Leader award.

4:45 p.m. – 6:00 p.m.

reception: Hors d’oeuvres and drinks in the forum.



Special ThanksWe extend a very special thanks to our speakers, moderators, and advisory board members - without you, this event would not have been possible. We also thank Alan Curtis, Susan Daggett, Lauri Mlinar, Alex Lambert, Claire Carroll, Tom Romero, James Eklund, Rebecca Mitchell, Sarah Klahn, Ned Breslin, Stephanie Carroll, Gabe Kester, and everyone else who generously gave their time and effort to help with this event.

PRESENtiNG SPONSORS

Environmental & Natural Resources Law Program

thank you!






For more information about the journal, writing opportunities, and

subscription rates please visit

www.duwaterlawreview.com Water matters, to us and to Colorado.

1420 ogden street, suite a2, denver, Colorado 80218720.570.2897 | www.coloradowatertrust.org

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April 18, 2014

University of Denver Water Law Review presents:



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CONFERENCE MATERIALS

Presentations and recordings from today’s Symposium will be available online at www.duwaterlawreview.com. An email will be sent to all attendees with further information.

CLE

The Symposium has been approved for seven (7) GENERAL CLE credits and .9 ETHICS credits. To claim your credits, please visit cletrack.com at the conclusion of today’s Symposium.

LUGGAGE

Luggage may be left behind the registration desk in Corridor 140.

JOIN THE CONVERSATION

Engage with us during and after today’s Symposium on Facebook and Twitter.

STURM COLLEGE OF LAW(Clock Tower Building)- Registration- Breakfast, Lunch, and Breaks- Reception

PARKING:LOT LPlease do not park on the "RICKS" or "REC" levels. Your pass must be displayed at all times. Handicapped parking is available, and elevators are located in SE and SW corners.The conference will take place in Sturm College of Law.

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April 18, 2014