Water Acquisition and Management for Oil & Gas Development Conference

Legal and Regulatory Requirements

- in Houston, Texas, USA

JW Marriott Houston - Galleria
5150 Westheimer Rd.
Houston, TX 77056

Online registration is closed. You can still register by bringing a completed registration form to the registration desk.

Past Event

Credits:MCLE Credit will be available

Overview

Presented by the Institute for Energy Law (IEL) and the Rocky Mountain Mineral Law Foundation (RMMLF)

Obtaining and managing water—essential to successful oil and gas development—are coming under increasing scrutiny by regulators and the public. This program will cover legal aspects of water supply management and water quality protection in oil and gas upstream and midstream operations in key US shale plays in the East, Southwest, and Rocky Mountains, as well as the technical and policy considerations behind the law. Presenters will include lawyers and scientists from government, academia, energy companies, NGOs, and private practice. The course will be highly useful for energy, litigation, and business law attorneys as well as energy and environmental regulators, landmen, and engineers involved in oil and gas development who seek to be educated on critical water law issues.

Highlights:

  • Water Use Flow and Hydraulic Fracturing Impact Studies
  • Management of Water During and After Drilling
  • Escape of Water During Operations – Enforcement and Ethical Considerations
  • Acquiring Water Supply for Oil and Gas Operations
  • Framework of Surface Water and Groundwater Legal Systems and Permitting

Download the Brochure (pdf)

For more details, download the online brochure.

Programs Committee

  • Earl E. Debrine, Program Co-Chair; Partner, Modrall Sperling, Albuquerque, NM
  • Janet L. McQuaid, Program Co-Chair; Partner, Norton Rose Fulbright US LLP, Canonsburg, PA
  • David M. Castro, Sr., Chief Litigation Counsel, Hess Corporation, Houston, TX
  • John S. Lowe, George W. Hutchison Professor of Energy Law, SMU Dedman School of Law, Dallas, TX
  • Zach C. Miller, Davis, Graham & Stubbs LLP, Denver, CO
  • Maria O'Brien, Partner, Modrall Sperling, Albuquerque, NM
  • Andrew L. Pickens, Partner, Strawn Pickens LLP, Houston, TX
  • Robert L. Theriot, Shareholder, Liskow & Lewis, Houston, TX

Tuition

  • $885 - Non-Member registration fee
  • $750 - IEL or RMMLF Member
  • $750 - IEL Supporting or Sustaining Member Employee
  • $750 - IEL Young Energy Professional Member
  • $750 - CAIL Member or Member Employee
  • $625 - Government Agency / Non-Profit Organization Employee
  • $395 - RMMLF Senior Member (Retired) or Retired IEL Member
  • $395 - Full-time Law School Faculty
  • $200 - Full-time Student
  • $70 - Printed Binder (In addition to registration fee)

Schedule and Faculty

Thursday, April 7

7:00 am


Registration

8:00 am 


Introduction and Opening Remarks

  • Jay Ray, Director, Institute for Energy Law, Plano, TX
  • Stevia M. Walther, Executive Director, Rocky Mountain Mineral Law Foundation, Westminster, CO
  • Earl E. DeBrine, Program Co-Chair; Partner, Modrall Sperling, Albuquerque, NM
  • Janet L. McQuaid, Program Co-Chair; Partner, Norton Rose Fulbright US LLP, Canonsburg, PA

8:10 am


High-Priority Water Issues on Federal Lands

As Assistant Secretary for Land and Minerals Management, attorney Janice Schneider oversees four Interior Department agencies, including the Bureau of Land Management and the Office of Surface Mining, Reclamation and Enforcement. Her presentation will provide valuable insight into the Department’s regulatory priorities concerning water use and jurisdictional issues, including the new BLM hydraulic fracturing and EPA WOTUS rules.

Moderator:

  • Earl E. DeBrine, Program Co-Chair; Partner, Modrall Sperling, Albuquerque, NM
  • Janice M. Schneider, Assistant Secretary for Land and Minerals Management, U.S. Department of the Interior, Washington, D.C.

8:40 am


Part 1: Use and Flow of Water from Point of Acquisition to Point of Disposal

An introduction to the water flow underlying the statutory and regulatory framework, describing where, why, and how water is sourced, generated, transported, stored, used, reused, and disposed of during and after drilling and hydraulic fracturing.

  • Roy Harstein, Vice President–Strategic Solutions, Southwestern Energy Company, Houston, TX

Part 2: Hydraulic Fracturing Impact Studies

The scope, purpose, and results of studies on the water- related environmental and geological impacts of drilling, hydraulic fracturing, and water disposal operations, including implications for litigation and legislative and rulemaking actions.

  • Keith B. Hall, Campanile Charities Associate Professor of Energy Law, Director, Mineral Law Institute, Louisiana State University School of Law, Baton Rouge, LA
  • Scott Anderson, Senior Policy Director, US Climate and Energy Program, Environmental Defense Fund, Austin, TX

10:00 am


Hosted Refreshment Break

10:15 am


Trends and Developments in Water Litigation

Recent trends in oil & gas-related litigation relating to water supply and quality in the eastern, southwestern, and western United States.

Moderator:

  • Andrew L. Pickens, Strawn Pickens LLP, Houston, TX
  • Michael J. Mazzone, Partner, Haynes & Boone, LLP, Houston, TX
  • Amy L. Barrette, Partner, Norton Rose Fulbright US LLP, Canonsburg, PA

11:00 am


Framework of Surface Water and Groundwater Legal Systems and Permitting (Part 1)

Moderator:

  • Maria O'Brien, Partner, Modrall Sperling, Albuquerque, NM
  • Surface water and groundwater legal systems prevailing in the eastern, southwestern, and western United States.
  • Prior appropriation, riparian rights, public trust, federal reserved rights, private rights, and correlative rights doctrines.
  • Priorities of use, limitations on place and purpose of use, governmental oversight and enforcement, and private-party remedies.
  • Permitting and standards for acquiring water rights, changes in place or purpose of use, public participation, and unique issues relating to permitting for oil and gas development.
  • Mark S. Squillace, Professor of Law, Colorado Law, University of Colorado, Boulder, CO
  • Gabriel Eckstein, Professor of Law, Texas A&M University School of Law, Fort Worth, TX
  • Pamela S. Goodwin, Partner, Saul Ewing LLP, Princeton, NJ

(to be continued after luncheon presentation)

12:05 pm


Hosted Buffet Lunch

12:25 pm


Lunch Presentation: Innovative Water Management Solutions for Conserving Fresh Water Resources

  • Dr. Cal Cooper, Director of Emerging Technology, Apache Corporation, Houston, TX

Moderator:

  • Earl E. DeBrine, Program Co-Chair; Partner, Modrall Sperling, Albuquerque, NM

1:15 pm


Break

1:30 pm


Framework of Surface Water and Groundwater Legal Systems and Permitting (Part 2)

Moderator:

  • Maria O'Brien, Partner, Modrall Sperling, Albuquerque, NM
  • Mark S. Squillace, Professor of Law, Colorado Law, University of Colorado, Boulder, CO
  • Gabriel Eckstein, Professor of Law, Texas A&M University School of Law, Fort Worth, TX
  • Pamela S. Goodwin, Partner, Saul Ewing LLP, Princeton, NJ

2:10 pm


Hosted Refreshment Break

Transactional Panel: Acquiring Water Supply for Oil and Gas Operations

Moderator:

  • Zach C. Miller, Davis, Graham & Stubbs LLP, Denver, CO

2:30 pm


Water Sourcing and Pricing

  • Sources of supply; quantity, quality, and reliability legal considerations; advantages/disadvantages of various legal forms of water rights.
  • Legal entities that sell water, and advantages/ disadvantages and unique aspects of dealing with each.
  • How buyers and sellers get together, and how pricing is determined.
  • Aileen M. Hooks, Partner, Baker Botts L.L.P., Austin, TX

3:00 pm


Conducting Due Diligence in Water Rights and Water Supply Transactions

  • When due diligence is advisable and when it is not necessary
  • What documents should be looked for and reviewed, and what issues should be considered.
  • Kevin L. Patrick, Partner, Patrick-Miller-Noto, Aspen, CO

3:30 pm


Contracting for Water Supply

  • Types of contracts used for acquiring water.
  • Key contract terms and their purpose from the buyer’s and seller’s perspective.
  • Daniella D. Landers, Partner, Katten Muchin Rosenman LLP, Houston, TX

4:00 pm


Hosted Reception for Registrants, Speakers, and Guests

Friday, April 8

8:00 am


State Regulation of Water Use in Oil and Gas Development

Regulatory policies for encouraging water reuse, recycling, and responsible water management in oil and gas development.

Moderator:

  • Janet L. McQuaid, Program Co-Chair; Partner, Modrall Sperling, Albuquerque, NM
  • David W. Cooney, Jr., Director of Enforcement, Office of General Counsel, Railroad Commission of Texas, Austin, Texas

8:45 am


Well Pad Construction and Water Infrastructure Construction Permitting

Federal, state, and local permits and private agreements required for constructing well pads and water infrastructure.

Moderator:

  • Robert L. Theriot, Shareholder, Liskow & Lewis, Houston, TX
  • Sharon Mattox, Sharon M. Mattox PLLC, Houston, TX

Management of Water During Drilling - Legal and Regulatory Considerations

Moderator:

  • Earle E. DeBrine, Jr., Program Co-Chair; Partner, Norton Rose Fulbright US LLP, Canonsburg, PA

9:15 am


Case Study of Legal and Economic Issues Arising from the Use of Water During and After Drilling

Discussion of regulatory requirements for oil and gas well drilling, hydraulic fracturing chemical disclosure, trade secret protection, landowner and public participation, pre-drill groundwater testing and groundwater restoration laws and cleanup standards, regulatory controls on the management of flowback and produced water, onsite storage, re-use and recycling, disposal options including landfarming, UIC injection, treatment and disposal at approved facilities. Each session will focus on a different stage of water use, planning, and permitting, with the first session addressing issues that arise before the well is drilled and during drilling and completion through hydraulic fracturing, and the second session addressing water storage, re-use, recycling, and disposal issues.

  • Sara M. Burgin, Partner, Bracewell, Austin, TX
  • Molly Cagle, Partner, Baker Botts L.L.P., Austin, TX
  • Mary Ellen Ternes, Director, Crowe & Dunlevy, Oklahoma City, OK
  • Dr. M. Ray Perryman, The Perryman Group, Waco, TX

10:00 am


Hosted Refreshment Break

10:15 am


(continued) Case Study of Legal and Economic Issues Arising from the Use of Water During and After Drilling

Noon


Lunch – On Your Own

Escape of Water During Operations – Enforcement and Ethical Considerations

Moderator:

  • Christopher S. Kulander, Director, Oil & Gas Law Institute, South Texas College of Law, Houston, TX

1:30 pm


Spill Response and Enforcement

Spill reporting and cleanup requirements, government inspections and enforcement of water quality protection laws, citizen suits, private-party participation in enforcement, private party remedies (e.g., common lease terms), and criminal, civil, and administrative penalties, based on a hypothetical release of hydraulic fracturing flowback water and enforcement action.

  • Barbara D. Little, Of Counsel, Jackson Kelly PLLC, Charleston, WV

2:00 pm


Ethical Issues in Enforcement Proceedings

Professional responsibility issues associated with the same hypothetical release and enforcement action. Reference will be made to the Model Rules, where applicable.

  • Mary Viviano, General Counsel, Vantage Energy, Englewood, CO
  • Heidi K. Ruckriegle, Associate, Welborn Sullivan Meck & Tooley, P.C., Denver, CO

3:00 pm


Facts and Myths on Hydraulic Fracturing and Water Injection

A concluding discussion of the facts and myths on the consequences of hydraulic fracturing and water injection, the varying statutory and regulatory responses to date, and the differing opinions about future legislation and rulemaking.

Moderator:

  • David M. Castro, Sr., Chief Litigation Counsel, Hess Corporation, Houston, TX
  • Keith B. Hall, Campanile Charities Associate Professor of Energy Law, Director, Mineral Law Institute, Louisiana State University School of Law, Baton Rouge, LA
  • Scott Anderson, Senior Policy Director, US Climate and Energy Program, Environmental Defense Fund, Austin, TX
  • Dr. Cal Cooper, Director of Emerging Technology, Apache Corporation, Houston, TX
  • Roy Hartstein, Vice President–Strategic Solutions, Southwestern Energy Company, Houston, TX (invited)

3:30 pm


Course Adjournment

CLE and CLE Credit

CLE Credit

These conferences are typically accredited by all mandatory CLE states, the AAPL, NADOA and NALTA, and other professional organizations. Attorneys from certain states may be required to pay an additional fee. This course consists of approximately 12.5 hours of continuing education, including 1 hour of ethics. You must let us know at least 30 days in advance of the conference the states or organizations for which you will need credit (see registration form). The sponsors are State Bar of California MCLE-approved providers.

This program is approved by the State Bar of Texas for a total of 12.5 hours, including 1.0 hour of ethics. Course ID Number: 901342912. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

CPE Credit

The Rocky Mountain Mineral Law Foundation is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors through its website: www.learningmarket.org. There are no prerequisites and no advance preparation is required to attend this course. The delivery method is Group–Live, and up to 15 CPE credits are available, including 1 ethics credit. The program level is "overview."

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the JW Marriott Hotel, 5150 Westheimer Road, Houston, TX 77056. Registrants should call 1.800.236.2427 and ask for special rates for “Water Acquisition” registrants to receive a reduced room rate of $159 per night. Concierge rooms are available at $194 per night. The last day to obtain this special rate is March 16, 2016.

A limited number of government rate rooms are also available – email info@rmmlf.org for details.  Trouble making room reservations? Contact info@rmmlf.org.

BOOK HOTEL ONLINE

Car Rental

Hertz is offering special discounts by referencing Meeting CV#03NJ0011.  To make reservations, call 800.654.2240 (U.S.); 800.263.0600 (Canada); or 405.749.4434 (International); or click here.

Registrar: +1.972.244.3404
IEL: +1.972.244.3420
Fax: +1.972.244.3401
E-Mail: iel@cailaw.org

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