brochure - ACWA

brochure - ACWA

ACWA’s 2011

Continuing Legal

Education for

Water Professionals

September 22 - 23, 2011

Hotel Solamar, San Diego



ACWA is a State Bar

of California approved

MCLE provider.

ACWA’s 2011 CLE Workshop

This two-day workshop, scheduled for Sept. 22-23 at

the Hotel Solamar in San Diego, will bring you up-todate

on a variety of California’s water laws, legislation,

employment laws and more. This workshop is important

to anyone in the water industry that needs to stay

on top of water issues in California, including water

law professionals.

MCLE Credit

ACWA certifies that this activity has been approved

for MCLE credit by the State Bar of California in the

amount of 13.25 hours, of which 1 hour will apply to

substance abuse credit.

Hotel Information

A block of rooms has been reserved for ACWA at:

Hotel Solamar

435 6th Ave., San Diego, CA 92101


Single / Double Rate: $169

The cut-off date to receive this special rate is August

31. Reservations made after that will be on a space

available basis at the prevailing rate. Please identify

yourself as attending ACWA’s Continuing Legal

Education Workshop on September 22-23.

ACWA would like to thank the

2011 CLE Workshop Program

Planning Subcommittee

for all their hard work:

Scott L. Shapiro, Chair

Downey, Brand, Seymour & Rohwer LLP

Daniel Hentschke, Vice Chair

San Diego County Water Authority

Paul M. Bartkiewicz

Bartkiewicz, Kronick & Shanahan

Robert E. Donlan

Ellison, Schneider & Harris, LLP

James Ganulin

Baker, Manock & Jensen

Janet K. Goldsmith

Kronick, Moskovitz, Tiedemann & Girard

Arthur G. Kidman

Kidman, Behrens & Tague, LLP

Wayne K. Lemieux

Law Offices of Lemieux & O’Neill

Robert B. Maddow

Bold, Polisner, Maddow, Nelson & Judson

Whitnie Henderson

ACWA Legal Affairs Committee Liaison

Show your support of ACWA

by becoming an ACWA sponsor.

For more information on sponsoring

ACWA’s CLE Workshop, please contact:

Lori Doucette at

or call (916) 441-4545

ACWA guarantees satisfaction with its products and events.

Continuing Legal Education for Water Law Professionals

Thursday, September 22, 2011

7:15 - 7:55 a.m. Registration, Sign-In and

Continental Breakfast

7:55 - 8 a.m. Welcome and Introduction

8 - 8:45 a.m. 0.75 hr. general credit

“Easements, Franchises and Encroachment Permits for Water


Public water utilities generally enjoy “statutory franchises”

to locate their pipeline networks within public rights

of way. But sometimes pipelines must go off-road across

private property, and sometimes pipelines are built first

and roadways come later. Water pipelines may come

into conflict with other utilities or public infrastructure,

such as drainage facilities. In addition, road upgrades

and realignments sometimes require relocation of water

pipelines. What are the rules governing these relationships

8:45 - 9:45 a.m. 1 hr. general credit

“Delinquent Water Accounts: Customer Shut Off Notification”

When water accounts become delinquent, public

utilities have authority to terminate service. But complicated

and specific statutory rules have been enacted

by the state legislature to regulate water shut off procedures.

Complex statutory rules also govern the processes,

such as security deposits, to establish new utility

customer accounts. New customer and shut off rules

vary according to the types of customers. And other

rules apply in the context of foreclosure and bankruptcy.

What are the ground rules to legally establish utility

customer accounts and to terminate water service to

delinquent customers

9:45 - 10 a.m. Break

10 - 10:45 a.m. 0.75 hr. general credit

“Water Main Breaks: Liability in Tort and Now Inverse Condemnation”

A rash of water main breaks within Los Angeles’ farflung

water system recently raised havoc throughout

the city. Water, especially water under pressure,

unleashed from a public utility’s facilities can cause

serious property damage, disrupt transportation systems

and even threaten lives. What causes water mains

to break What are the liability issues associated with

water main breaks What can utilities do to reduce

liability exposure

10:45 - 11:45 a.m. 1 hr. substance abuse credit

“Substance Abuse: Detection, Prevention & Treatment”

An informative and interactive program aimed at how to

recognize substance abuse in the legal profession, what

to do about it and why it is so prevalent in today’s work


11:45 a.m. - 1 p.m. Luncheon 1 hr. general credit

Topic to be announced.

1 - 2 p.m. 1 hr. general credit

“Avoiding Sexual Harassment in the Workplace”

2 - 2:45 p.m. 0.75 hr. general credit

“Developer Fees and Exactions: Water Infrastructure and Source


Land development proposals usually require water

resources. These include capital facilities for production,

storage, transmission and distribution of water. Reliable

water supply sources also must be identified. Water

agencies often require developers to build and donate

capital plant or pay fees to “buy in” to existing facilities.

Some agencies require new development to “bring

water” in addition to capital facilities. Others require

developers to fund water conservation measures outside

of the new development to provide source water for

the development. The panel will discuss the legal principles

enabling and limiting developer funding of water


2:45 - 3 p.m. Break

3 - 4 p.m. 1 hr. general credit

“Recycled Waste Water to Supplement Local Supplies”

Waste water reuse is no longer limited to landscape

irrigation. Local agencies now are aggressively pursuing

programs to use recycled waste water for groundwater

replenishment and thereby re-introduce the water into

drinking water distribution systems. What are the opportunities

and legal hurdles for waste water reuse What

restrictions are imposed on recycled water’s permissible

uses, and how are those restrictions changing

4 - 5:15 p.m. 1.25 hr. general credit

“My Disability Made Me Do It! Navigating Disability Laws, Leave Rights

and Employee Discipline”

Ever feel stuck when an employee claims he or she

cannot do a particular task because of a disability

Ever wonder what to do when an employee claims

that alleged misconduct is disability related Ever wish

someone would just give you a straight answer as to

what constitutes a “reasonable accommodation” If so,

this workshop is for you! We will navigate the dangerous

intersection between disability, leave, and discipline.

Through a series of “real life” case studies, you will learn

how to maneuver between the relevant state and

federal laws. You will learn how and when to separate

a disabled employee and the role played by disability

retirement. We will also explore the inherent, and sometimes

hidden, risks of disciplining employees with disabilities

or who are on leave.

5:30 - 7 p.m. Reception at the Rooftop Terrace

Friday, September 23, 2011

7:30 - 8 a.m. Registration and Continental Breakfast

8 - 9:15 a.m. 1.25 hrs. general credit

“Groundwater Contamination”

Groundwater is a water supply mainstay in much of urban

Southern California. Groundwater basins face major

challenges from the legacy of military and industrial

land uses and waste disposal practices over the last 70

years. Once contaminated, groundwater is very difficult

to clean. While “the polluter should pay” for the

cleanup has a nice political ring, the legal and practical

problems are extensive and difficult. Four Southern

California groundwater basins (San Gabriel, Santa Clarita,

Rialto-Colton and Orange County) have faced different

challenges and met them in different ways. What can

be learned to help secure groundwater resources in other


September 22 - 23, 2011

Hotel Solamar

9:15 - 10:30 a.m. 1.25 hrs. general credit

“Waters of the U.S. and the New EPA/Army Corps Guidance

Program Summary”

In 2011, the EPA and the Army Corps of Engineers

issued new guidance on identifying “Waters of the

United States” under the Clean Water Act and recent

Supreme Court decisions. The Guidance will guide

field staff in making determinations regarding jurisdictional

waters, and may expand the scope of jurisdictional

waters within local water agency systems.

10:30 - 10:45 a.m. Break

10:45 a.m. - Noon 1.25 hrs. general credit

“Water Marketing: Opportunities for Self-Help to Supplement

Regional and Local Supplies”

Southern California imports water from the Owens

Valley, Colorado River and State Water Project. These

supplies are subject to reduction. Some local water

suppliers have sought to secure reliable water supplies

independently from the main regional water import

agency, the Metropolitan Water District of Southern

California. What has been the experience of these

new “water seekers” in locating source water Are

water rights available for transfer apart from Metropolitan

Can local agencies firm up their water supplies

by going directly to the water seller and cutting out

the middleman

Noon - 1:30 p.m.

Topic to be announced.

Luncheon 1 hr. general credit

TOTAL HOURS (Day 1 & 2): 13.25 hrs.

(of which 1 hr. is substance abuse credit)


ACWA is a State Bar of California approved MCLE provider.





City: State: Zip:

Phone:( ) Fax:( )


Your workshop registration fee includes: Continental breakfasts, refreshment breaks, lunch

on the day(s) that you are registered, and a reception on Thursday evening. A CD with

the presentations is also included.

Substitution/Refunds: Substitutions from the same organizations are accepted. A $25

handling fee will be applied. Substitution requests should be submitted to elliem@acwa.

com by 4:30 p.m. (PST), September 6, 2011. If you need to cancel, refund requests may

be made by phone, but must be confirmed in writing to the ACWA office. A $50 handling

fee will be charged on all registration refunds. No refunds will be granted after 4:30 p.m.

(PST), September 6, 2011.

If you have a disability that may require accommodation to assure your full participation,

please contact Ellie Meek of the ACWA staff at (916) 441-4545, or toll free at (888) 666-2292

to discuss your needs.

Prereg On Site Amount

full 2-day registration (10)

Advantage $450 $480

Standard $675 $720 $

1-Day registration

q Thursday, Sept. 22 (11)

Advantage $270 $290

Standard $405 $435 $

q Friday, Sept. 23 (12)

Advantage $190 $200

Standard $285 $300 $


q Enclosed is my check payable to ACWA

q Please charge my fee to my credit card

q MasterCard

q Visa

Expiration Date: Charged Amount: $

Credit Card



Continuing Legal Education for Water Law Professionals

Hotel Solamar • Sept. 22 - 23, 2011

Total (this registration only) $

Cardholder’s Name (as seen on card) - please print clearly:

Authorized Signature:

Your registration form must be received by 4:30 p.m. (PST),

September 6. After Sept. 6, you will need to register on site.

P.O. Box 2408, Sacramento, CA 95812-2408

(916) 325-2316 FAX

(916) 441-4545

(888) 666-2292

Office Use Only




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