Program Materials for ACWA's 2011 Continuing Legal Education Workshop

PROGRAMS:

Thursday, September 22, 2011

“EASEMENTS, FRANCHISES AND ENCROACHMENT PERMITS FOR WATER PIPELINES”

Panelists:
Julian V. Lee
Associate Attorney
Redwine & Sherrill

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. Panelists explain the rules governing these
relationships.
 

Easements, Franchises and Encroachment Permits for Water Pipelines [powerpoint]

References to Selected Statutes and Seminal Cases[PDF]

(1.0 hr general MCLE credit/1.0 hr CDPH Operator Certification credit)

“DELINQUENT WATER ACCOUNTS: CUSTOMER SHUT OFF NOTIFICATION”

Speaker:
Laurie Ellen Park
Associate
Kidman, Behrens & Tague, LLP

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. The speaker explains the ground rules to legally establish utility customer accounts and to terminate water service to delinquent customers.

Delinquent Water Accounts [powerpoint]

(0.5 hr general MCLE credit /0.5 hr CDPH Operator Certification credit)

“WATER MAIN BREAKS: LIABILITY IN TORT AND NOW INVERSE CONDEMNATION”

Panelists:
Richard G. Little, AICP
Director, Keston Institute for Public Finance and Infrastructure Policy University of Southern California

Eskel H. Solomon
Deputy City Attorney
Los Angeles Department of Water & Power

A rash of water main breaks within Los Angeles’ far flung 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. Panelists explain what causes water mains to break; the liability issues associated with water main breaks; and what utilities can do to reduce liability exposure.

Water Main Breaks [powerpoint]

(1.0 hr general MCLE credit/1.0 hr CDPH Operator Certification credit)

This informative and interactive program is 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 environment.

Substance Abuse [powerpoint]

(1.0 hr Substance Abuse credit)

“URBAN PLANNING AND WATER”

Speaker:
Roger Caves, Ph.D.
Professor of City Planning
San Diego State University

Professor Caves presents his thoughts on the future of urban planning over the next 50 years or so and the associated water needs for Southern California.

How Far Have We Come in Planning Regulation? [powerpoint]

(1.0 hr general MCLE credit)

Sexual harassment claims remain in vogue, especially within the public sector. Juries and judges expect public sector employers to set an example. This seminar teaches you how to do just that.

How to Spot, Stop and Investigate Sexual Harassment [PDF]

(1.0 hr general MCLE credit)

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 discusses the legal principles enabling and limiting developer funding of water resources.

Exactions and Impact Fees [powerpoint]

Rights and Duties of Water Agencies in Connection with New Development [powerpoint]

Handout materials available on-site.

(1.0 hr general MCLE credit/1.0 hr CDPH Operator Certification credit)

“RECYCLED WASTE WATER TO SUPPLEMENT LOCAL SUPPLIES”

Panelists:
William T. Hunt
Executive Director of Operations, Groundwater Replenishment System Orange County Water District

Marsi Steirer
Project Director, Water Purification Demonstration Project
City of San Diego

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 reintroduce the water into drinking water distribution systems. The opportunities and legal hurdles for waste water reuse are discussed, along with the restrictions that are imposed on recycled water’s permissible uses, and how those restrictions are changing.

Groundwater Replenishment System [powerpoint]
San Diego Water Purification Demonstration Project [powerpoint]
San Diego Advanced Water Purification (white paper) [PDF]
Potable Reuse Projects in the U.S. (white paper) [PDF]

(1.0 hr general MCLE credit/1.0 hr CDPH Operator Certification credit)

“MY DISABILITY MADE ME DO IT! NAVIGATING DISABILITY LAWS, LEAVE RIGHTS, AND EMPLOYEE DISCIPLINE”

Speaker:
Frances Rogers
Associate
Liebert Cassidy Whitmore

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?" These questions are answered during this program. The speaker navigates the dangerous intersection between disability, leave, and discipline. Through a series of "real life" case studies, you learn how to maneuver between the relevant state and federal laws. You learn how and when to separate a disabled employee and the role played by disability retirement. The speaker also explores the inherent, and sometimes hidden, risks of disciplining employees with disabilities or who are on leave.

Disability Laws [PDF]

(1.0 hr general MCLE credit)

Friday, September 23, 2011

"GROUNDWATER CONTAMINATION"

Moderator:
Arthur G. Kidman
Partner
Kidman, Behrens & Tague, LLP

Panelists:
Craig S. Bloomgarden
Partner
Manatt, Phelps & Phillips, LLP

Alfred E. Smith, II
Partner
Nossaman LLP

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, RialtoColton
and Orange County) have faced different challenges and met them in different ways. Learn how to help secure groundwater resources in other areas.

Groundwater Contamination [powerpoint]

Groundwater Contamination II  [powerpoint]

(1.25 hrs general MCLE credit/1.25 hrs CDPH Operator Certification credit)

“WATERS OF THE US AND THE NEW EPA/ARMY CORPS GUIDANCE PROGRAM SUMMARY”

Speaker:
Andrew P. Tauriainen
Associate
Kronick Moskovitz Tiedemann & Girard

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.

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. The experience of these new “water seekers” in locating source water is discussed. Also discussed are whether water rights are available for transfer apart from Metropolitan. A discussion on whether local agencies can firm up their water supplies by going directly to the water seller and cut out the middleman will take place.

Planning for Water Reliability: Irvine Ranch Water District Water Banking Program [powerpoint]

The Role of Spot Transfers in Providing Water Supply Reliability  [powerpoint]

(1.25 hrs general MCLE credit/1.25 hrs CDPH Operator Certification credit)

“FROM THE END OF THE PIPELINE”

Speaker:
Maureen A. Stapleton
General Manager
San Diego County Water Authority

Ms. Stapleton will present her perspectives on providing a reliable water supply in the growing San Diego communities.

End of the Pipeline: Securing Regional Water Reliability [powerpoint] 

(1.0 hr general MCLE credit)

Total MCLE hours: (day 1 & 2): 13.25 hrs.
(Of which 1 hr is substance abuse)

Total CDPH Operator Certification contact hours:
(day 1 & 2): 8.25 hrs.

ACWA’s 2011 CLE Workshop is cosponsored by:
EASTERN MUNICIPAL WATER DISTRICT