HalfMoon Education Inc. Knowledge Gets You There

Presenter: Abigail R. Brown and 8 more

Recording Date:

Recording Location: Missoula, MT

Type: Downloadable MP3+PDF

Product Code: 14551

Product Number: 16H MTWLAWSR 5 19 MSLA

State-Specific Continuing Education Info:


This learning activity provides up to 6.4 continuing education hours to Idaho attorneys, Montana professional engineers, Montana geologists, and Montana attorneys and paralegals. It is incumbent on each participant to know if this learning methodology qualifies for continuing education credit for their professional license. Refer to specific state rules to determine eligibility, or contact HalfMoon Education for assistance. This activity does not qualify for AIA Learning Units.

How to Use

Downloadable self-study formats are available approximately 5 weeks after the date of the live event. Please allow up to 4 hours to download the audio file. This time varies greatly depending on internet speed.

The downloadable self-study package includes an MP3 format audio recording of a live seminar and a PDF of the manual that was distributed at the seminar. You will be required to download both the audio recording and the manual. The manual contains written materials prepared by the seminar speaker(s).

The audio file contains embedded number codes, which you are required to document and return to HalfMoon if you wish to obtain a certificate of completion for the program. The acceptance of self-administered continuing education activities vary widely between states and professions. Before undertaking any self-study effort, you should review the rules of your licensing/certifying entity.

HalfMoon Education guarantees its products. The self-study products are recorded from a live seminar and there are circumstances where an audio recording is not available. HalfMoon will contact you and issue a full refund if the product you ordered is not available. If you are not happy with a product you receive, you can return the product for a full refund. However, refunds will not be issued if completion certificates are requested.


Registration:                    8:00 - 8:30 am

Morning Session:             8:30 - 11:45 am

Lunch (On your own):       11:45 am - 12:45 pm

Afternoon Session:           12:45 - 4:30 pm

History & Development of Water Laws in Montana          J. Connors

   Development of the statutory and common law of water rights in Montana

   Development of the law on water quality preservation

   Overview of applicable federal, state, and local regulators

   Comprehensive water planning issues for clients

Water Utility Regulation After CFC v. Tubbs          R. Keogh

   How CFC v. Tubbs changed Montana’s exempt well rules

   Water utilities for new subdivisions?

   Small private water utility regulation

   Design and planning considerations for water system regulation

Understanding Montana Groundwater Rights          J. Merritt

   Surface water and groundwater – legal definitions

   Historic (pre-1973) groundwater appropriations

   Post-73 groundwater regulations

   Controlled groundwater areas

   Stream depletion zones

Fundamentals of Groundwater Supply and           E. Clark
Current Issues in Groundwater Regulation

   Types of aquifers

   Areas in Montana studied by Montana Bureau of Mines and Geology

   DNRC pump test requirements and variance requests

   Current issues in groundwater regulation

Urban Water Management:                                      M. Meredith
Issues Facing Growing Municipalities in Montana

   Stormwater management

   Wastewater disposal

   Construction dewatering

Water Rights Adjudication in Montana         D. Pepper, J. Weiner

   The process: decrees, objections, counter objections,
     notice of intent to appear, adjudication, motions to amend

   Recent case law: public service companies, burden of proof, abandonment

Ethical Issues in Water Law: Working With the               A. Brown
Self-Represented Litigant in Water Court Proceedings

   Water Court Rule 33: licensed attorney representation

   Ethical challenges for attorneys litigating against self-represented litigants

   Ethical considerations for judicial staff and
      non-attorney professionals: information vs. legal advice

DNRC Combined Appropriation Guidance          J. Nave

   DNRC implementation of the Sherlock Ruling

   DEQ–DNRC Memorandum of Understanding and DNRC subdivision reviews


Abigail R. Brown

Partner, Moore, O’Connell & Refling, P.C., Bozeman
Ms. Brown practices primarily in the area of water law. She represents individuals and entities from all corners of Montana in water rights adjudication proceedings before the Montana Water Court, administration proceedings before the Montana DNRC, enforcement actions in Montana district courts and water rights issues in real estate transactions. She is a member of the Montana State Bar Dispute Resolution Committee and was recently appointed as co-chair of the Montana Supreme Court’s Standing Committee on Self-Represented Litigants.

Emily Clark

Hydrologist, WGM Group, Missoula
Ms. Clark has over five years of experience managing water resources in government, academic, and private settings, and has a strong educational background in Watershed Hydrology. She has designed and conducted surface water, groundwater, and soil investigations to ensure that comprehensive and accurate information is available for management decisions.

Jack Connors

Doney Crowley P.C., Helena
Mr. Connors’ practice focuses on litigating environmental, water, construction, and real property disputes. He has represented a variety of clients involved in water adjudication actions before the Montana Water Court, as well as with permitting and other administrative issues. Before law school, Mr. Connors founded and operated a construction company in Big Sky area. In 2013, he graduated with honors from the University of Montana School of Law.

Ross P. Keogh

Associate Attorney, Worden Thane, P.C. in Missoula
Mr. Keogh’s practice focuses on issues of corporate formation, natural resources, business planning and succession, and taxation. He previously worked as a planner and analyst supporting the development of renewable energy projects across the western United States. Mr. Keogh has a Masters degree in Economics from the University of Montana and is licensed to practice law in Montana, North Dakota, and Wyoming.

Michael T. Meredith

Hydrogeologist, HydroSolutions, Billings
Mr. Meredith has a decade of professional geologic, hydrogeologic and environmental experience in Wyoming and Montana. In his current position, he focuses on the application of field studies, analytical models and statistical methods. Mr. Meredith’s work involves investigating property damage associated with groundwater or surface water, water rights permitting, construction dewatering plans and modeling, groundwater and soil contamination investigations, and analysis in support of energy and natural resource projects.

Julie A. Merritt

Water Resource Specialist, WGM Group, Missoula
Ms. Merritt has spent more than 19 years working closely with private property owners involved in state and federal water conservation programs and preparing water right analyses for public and private organizations. Her experience includes locating and analyzing historical documents, maps and aerial photographs, analyzing Montana Water Court decrees for water right clients, and preparing water right permit and change of use applications with the Montana DNRC.

Jim Nave

DNRC Water Resources Regional Manager, Missoula
Mr. Nave has 19 years of experience working in water resources. He worked for five years with a local water rights consulting firm before taking a position with DNRC as a water resource specialist. In that position Mr. Nave maintained water right ownership records, performed claims examination and processed water right permit and change applications. He was promoted to deputy regional manager and to regional manager, and he oversees Mineral, Granite, Ravalli and Missoula Counties.

Dana Pepper

Pepper Law Firm, PLLC, Bozeman
Ms. Pepper served as a water master at the Montana Water Court for six years before opening her own law practice in 2014. This experience resulted in a unique knowledge of the water adjudication system and the distribution of water across the state. Ms. Pepper received her JD and M.B.A. degrees from the University of Montana.

Jay Weiner

Montana Assistant Attorney General, Helena
Mr. Weiner spent nine years as a staff attorney for the Montana Reserved Water Rights Compact Commission before becoming an assistant attorney general. He represents the State of Montana in the Montana Water Court on issues relating to the non-perfection or abandonment of state law-based water rights claims filed in the Montana General Stream Adjudication and other issues of state-wide importance, including the decree of compacts settling the reserved water rights claims of Indian tribes and federal agencies in Montana. Mr. Weiner also serves on the Water Adjudication Advisory Committee.