62nd ANNUAL ROCKY MOUNTAIN MINERAL LAW INSTITUTE

Squaw Va l ley , Ca l i forn iaJu ly 21–23 , 2016

62nd Annual Rocky Mountain Mineral Law Institute

PROGRAM CHAIRS

Cover art: M

olly Davis, 2016

Environmental Co-Chairs

Michael N.Mills

Program Chair

William B.Prince

Rachael E.Salcido

Landman’s Co-ChairsInternational Co-Chairs

Scot W.Anderson

Pedro H.Serrano Espelta

Jared A.Hembree

John R.Zimmerman

Public Lands Co-Chairs Water Co-Chairs

Philip C. Lowe Susan M.Bisong

Sandra A.Snodgrass

Robin KundisCraig

Mining Co-Chairs Oil & Gas Co-Chairs

James F.Cress

FlorenciaHeredia

Ann E. Lane Robert L.Theriot

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Join us this summer in Squaw Valley, site of the first live televised Winter Olympic Games in 1960, for the 62nd Annual Rocky Mountain Mineral Law Institute. Mark Twain referred to Lake Tahoe as “the fairest picture the whole earth affords.” One of the nation’s most accessible mountain resorts, it is located just 45 minutes from the Reno International Airport, less than two hours from Sacramento, and just under 200 miles from the San Francisco Bay area.

Often regarded as the country’s most beautiful body of water, Lake Tahoe is the largest alpine lake in the world, measuring 22 miles across with 72 miles of shoreline, and you can see more than 70 feet straight down. The water is as blue as the sky, with more than 275 days of sunshine a year. The recreational offerings at Lake Tahoe include hiking, beaches, water sports, horseback riding, mountain biking, shopping, dining, cruises, live music, slacklines, tennis, golf, nearby casinos, and aerial tram rides, all a backdrop to the excellent educational and networking opportunities at the 62nd Annual Institute.

The Institute opens with the General Session on Thursday morning. That afternoon and for the remainder of the conference, attendees can choose among the Mining, Oil & Gas, Water, Public Lands, Environmental, International, and Landman’s Sections. See the program inside for details. Our third annual Young Professionals Reception will take place on Wednesday evening, and the traditional Thursday evening reception will be held at the beautiful outdoor areas surrounding the Resort at Squaw Creek. Join us for food and drink for your entire family, along with glorious views of the surrounding peaks.

We still have rooms available at substantially discounted rates throughout Squaw Valley, from simple hotel rooms to three-bedroom luxury condos. Book as soon as possible, since the entire Valley will be sold out by the time of our Institute. See inside for complete details. All meetings will be held at the Resort at Squaw Creek, with complimentary shuttles between the Resort and the properties at the Village at Squaw Valley.

62nd Annual Ro cky Mountain Mineral L aw Institut e

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P R O G R A M C H A I R SProgram Chair: WILLIAM B. PRINCE, Dorsey & Whitney LLP,

Salt Lake City, UT

Environmental Co-Chairs: MICHAEL N. MILLS, Stoel Rives LLP, Sacramento, CA RACHAEL E. SALCIDO, University of the Pacific McGeorge School of Law, Sacramento, CA

International Co-Chairs: SCOT W. ANDERSON, Hogan Lovells US LLP, Denver, CO PEDRO H. SERRANO ESPELTA, Marval, O’Farrell & Mairal, Buenos Aires, Argentina

Landman’s Co-Chairs: JARED A. HEMBREE, Hinkle Shanor LLP, Roswell, NM JOHN R. ZIMMERMAN, Truckee Meadows Water Authority, Reno, NV

Mining Co-Chairs: JAMES F. CRESS, Bryan Cave LLP, Denver, CO FLORENCIA HEREDIA, HOLT Abogados, Buenos Aires, Argentina

Oil & Gas Co-Chairs: ANN E. LANE, WPX Energy, Inc., Denver, CO ROBERT L. THERIOT, Liskow & Lewis, Houston, TX

Public Lands Co-Chairs: PHILIP C. LOWE, U.S. Department of the Interior, Office of the Regional Solicitor, Lakewood, CO SANDRA A. SNODGRASS, Holland & Hart LLP, Denver, CO

Water Co-Chairs: SUSAN M. BISONG, Modrall Sperling, Albuquerque, NM ROBIN KUNDIS CRAIG, University of Utah S.J. Quinney College of Law, Salt Lake City, UT

62nd Annual Ro cky Mountain Mineral L aw Institut e

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P R O G R A MA T A G L A N C E

W E D N E S D A Y, J U L Y 2 0

9:00 am - 8:00 pm Registration - The Resort at Squaw Creek

T H U R S D A Y, J U L Y 2 1

7:00 am RegistrationOpens

8:30 am - Noon GeneralSession

2:00 pm - 5:10 pm PublicLandsorInternational

F R I D A Y, J U L Y 2 2

8:30 am - Noon Oil&GasPart1orMining

2:00 pm - 5:00 pm Oil&GasPart2orWater

S A T U R D A Y, J U L Y 2 3

8:40 am - Noon Landman’sorEnvironmental

Noon Adjourn

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General Session Thursday Morning, July 21

REGISTRATIONThe Resort at Squaw Creek, 400 Squaw Creek Rd., Olympic Valley

Wednesday, July 20, 9:00 am – 8:00 pmThursday, July 21 and Friday, July 22, 7:00 am – 5:00 pmSaturday, July 23, 7:00 am – Noon

Thur

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Mor

ning 8:30 – 8:40 am Introductions

8:40 – 9:30 am An Uncertain Energy Future: What Do the Fundamentals Tell Us? The one constant is change. Nowhere is that more true than in energy markets. While predicting the future with any precision is folly, the exercise is important to understanding the long run evolution of markets and the short run drivers of change. Global energy markets are in a period of transition. This talk will explore these issues and highlight critical issues in understanding the path forward.KENNETH B. MEDLOCK III, Fellow, Energy & Resource Economics, Baker Institute, Rice University, Houston, TX

9:30 – 9:40 am SpecialRecognitions

9:40 – 10:10 am Break

10:10 – 11:00 am CanWeWorkThisOut?ReorganizationsandWorkoutsintheMiningand Hydrocarbon Sectors North American natural resources companies find themselves uncertain about the future of their industries. This panel presentation will explore the common experiences, problems, and solutions for distressed companies in a falling/low commodity price environment. The presentation will include an economist overview; experience-based advice and input from industry and subject matter experts on how to properly assess a distressed company, valuation issues for a distressed company, and strategies for an out of court restructure or a Chapter 11 reorganization; and financial and restructuring advisors who provide financing and restructuring assistance to the distressed company. The panelists will give an overview of common problems such as how to fund the restructure, and conducting distressed asset sales both in and out of court. They will provide insightful and helpful

Kenneth B. Medlock III

J. Thomas Beckett

Kevin W. Johnson

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Thursday Morning

reorganization advice and suggestions on how to steer through these complex reorganization issues as companies seek to position themselves not only for survival, but for the next turn-around.GIDEON VOLSCHENK, Rothschild Inc., Washington, DC—Workout and Funding EconomistJ. THOMAS BECKETT, Parsons Behle & Latimer, Salt Lake City, UT—Bankruptcy and Reorganization KEVIN W. JOHNSON, Molycorp, Greenwood Village, CO—Mining Industry CHUCK CARROLL, FTI Consulting, Dallas, TX—Oil and Gas Industry BRUCE WHITE, Parsons Behle & Latimer, Salt Lake City, UT—Moderator

11:00 – NoonCybersecurity:InformationGovernance,BreachResponse,Ethics,andPrivilegeConsiderations Cyber experts now claim that there are only two kinds of companies: those that have been hacked, and those that don’t know it yet. Cyber threats are an increasing focus of corporate governance, and an incident response plan is an essential element of any company’s preparedness. Conducting the response to a breach under direction of counsel is often standard operating procedure, but the protections can break down quickly as outside experts are retained, law enforcement seeks information, and stakeholders demand answers. This presentation will examine developments in cyber threat vectors and provide helpful guidance for what constitutes good corporate information governance structure, the basics of an incident response plan, and the limits of attorney-client privilege in breach response situations. It will also explain the legal and ethical duties of lawyers and their clients to protect sensitive and corporate information.ROBERT E. CATTANACH, Dorsey & Whitney LLP, Minneapolis, MN EMILY STAPF, PwC Forensic Technology, Denver, CO

Noon – 2:00 pm Lunch - On Your Own, or In-House Counsel Lunch, or Natural Resources Teachers Lunch, or International Lunch (See page 26 and Registration Form.)

Robert E. Cattanach

Emily Stapf

Chuck Carroll

Bruce White

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PublicLandsSectionThursday Afternoon, July 21 - Concurrent with International Section

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2:00 – 3:00 pm AtGroundLevel:ACloserLookattheGreaterSage-GrouseConservationStrategyThe U.S. Fish and Wildlife Service’s September 2015 decision not to list the greater sage-grouse under the Endangered Species Act was preceded by the largest federal land and forest plan amendment process in history and accompanied by several state-led initiatives. Amid stakeholders’ differing perceptions of and reactions to the plan amendments and conservation measures involved with the decision not to list, this panel will focus on the following questions: What are the key elements of the federal plan amendments and state initiatives to conserve sagebrush habitats and improve conditions in priority habitat areas? How will existing tensions among federal laws and regulations limit or facilitate the conservation measures in these plan amendments? How will stakeholders work within the inherent administrative and practical complexities of the state and federal programs? What are the prospects for long-term success of these efforts in a changing political climate and by what measure will they be evaluated?THOMAS C. PERRY, Marten Law, Boise, ID—Industry PerspectiveBRIAN A. RUTLEDGE, National Audubon Society, Audubon Rockies, Fort Collins, CO—NGO PerspectiveTHOMAS C. JENSEN, Holland & Hart LLP, Washington, DC—Moderator

3:00 – 3:30 pm Break

3:30 – 4:20 pm Landscape-ScaleMitigation:WhatDoesItMean,IsItLegal,andHowCanItBeImplemented? Federal agencies have historically addressed mitigation of impacts to natural resources on a narrow scope, both geographically and temporally. This perspective is changing. Recent mitigation directives issued by the Obama Administration instruct federal agencies to look beyond single projects to determine what compensatory mitigation could achieve the greatest conservation benefit on a regional scale. Other developments, including the decision not to list the greater sage-grouse under the Endangered Species Act, based in part on the development of state-led conservation programs, suggest that “landscape” scale conservation will require a previously unprecedented level of coordination and collaboration among the federal government and the states. In an effort to better understand the implications of landscape-scale conservation and mitigation,

Thomas C. Perry

Brian A. Rutledge

Thomas C. Jensen

Michael J. Brennan

Bailey K. Schreiber

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ThursdayAfternoon

and the manner in which those objectives will be pursued, this presentation will first explore mitigation concepts and provide legal and regulatory background regarding compensatory mitigation in the federal context. Next, the conceptual and legal underpinnings of landscape-scale mitigation will be addressed. Finally, the presentation will explain the legal and institutional barriers to achieving regional conservation and mitigation objectives, including the challenges federal agencies will face in working across governmental jurisdictions, how to ensure statutory mandates are met, and how to identify and implement mitigation programs that will withstand legal challenges.MICHAEL J. BRENNAN, Texas A&M University Institute of Renewable Natural Resources, College Station, TX BAILEY K. SCHREIBER, Holland & Hart LLP, Jackson, WY

4:20 – 5:10 pm ImplicationsoftheEvolvingNEPAFrameworkforAssessingGreenhouse Gas Emissions and the Social Cost of CarbonNatural resource development on public lands has long faced challenges relating to the National Environmental Policy Act (NEPA) requirement that federal agencies take a “hard look” at the environmental consequences of agency action. Recent developments implicating how agencies must consider greenhouse gas (GHG) emissions and climate change in their NEPA analysis as well as whether and how agencies should consider the Social Cost of Carbon (SCC) have added a new layer of complexity and uncertainty to this already challenging review framework. This presentation will explore relevant Council on Environmental Quality NEPA guidance on consideration of GHG emissions and climate change, provide background on the development and use of SCC estimates, and review relevant case law, including a court’s invalidation of a proposed coal project for failure to consider the SCC.KIPP A. CODDINGTON, University of Wyoming Carbon Management Institute, Laramie, WYSTACEY L. VANBELLEGHEM, Latham & Watkins, Washington, DC

5:10 – 7:00 pm Hosted Reception – For Registrants and Families

Kipp A. Coddington

Stacey L. VanBelleghem

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InternationalSectionThursday Afternoon, July 21 - Concurrent with Public Lands Section

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2:00 – 3:00 pm SayingWhatYou’rePaying:NewExtractiveSectorTransparencyReportingInitiativesintheU.S.,U.K.,andCanadaBoth Canada and the United Kingdom now require the reporting of payments to governments by companies in the mining and oil and gas industries in an effort to reduce corruption and assist local communities in benefiting from resource revenues. While the Canadian and U.K. laws were, in part, based on section 1504 requirements of the Dodd-Frank Act, which was signed into law in 2010, U.S. implementation of transparency reporting has been delayed (except for conflict minerals). This presentation will consider the history and policy basis of current reporting requirements in the U.S., Canada, and the U.K. and offer practical advice on complying with the these disclosure regimes, while also considering the broader future of transparency reporting in the U.S. and internationally.KEVIN O’CALLAGHAN, Fasken Martineau DuMoulin LLP, Vancouver, BC FRED R. PLETCHER, Borden Ladner Gervais LLP, Vancouver, BC THOMAS M. ROSE, Troutman Sanders LLP, Washington, DC ROBERT J. WIEDER, Bryan Cave LLP, London, UK

3:00 – 3:30 pm Break

3:30 – 4:20 pm ImplementingIntegrity:TheBusinessCaseforanEthicalSupplyChain and a Toolkit for Tempering the LinksCompanies active in the development of natural resources devote considerable effort and funds to assuring that they conduct their business ethically as well as legally, consistent with the principles of sustainable development. Companies adopt internal policies and controls, and announce their principles and aspirations to the world. Often, the companies make similar contractual commitments intended to implement their principles in production sharing contracts, mine development agreements, community development agreements, and the like. All of a company’s efforts and good intentions can be for naught, however, if its contractors — the suppliers and service companies engaged by the resource development company — have not adopted the same standards and incorporated them into their business practices for delivering goods or services. This presentation will examine project data from around the world demonstrating that there is a business case for assuring that a company’s external supply chain is operating ethically and with integrity in alignment with, and under the leadership of, the company itself. The speakers will discuss

Kevin O’Callaghan

Fred R. Pletcher

Robert J. Wieder

Sean Cumberlege

Dimitri L. Seletzky

Thomas M. Rose

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ThursdayAfternoon

a data driven approach to identifying and managing supply chain risks, and will provide strategies that may be incorporated into a company’s contracting process to assure that the company’s projects and operations are pursued in a manner consistent with its principles, policies, and promises.SEAN CUMBERLEGE, Trubshaw Cumberlege, Ltd., Denver, CODIMITRI L. SELETZKY, Chevron Upstream, a division of Chevron U.S.A. Inc., San Ramon, CA

4:20 – 5:10 pm HowEconomicSanctionsApplytoU.S.andNon-U.S.ExtractiveOperations,andHowtoManageTheseRisksAs extractive industries operate globally, they must take into account U.S., E.U., and U.N. economic sanctions affecting them, their supply chains, and their customers. These restrictive measures can have extraterritorial effect, and may penalize the activities of entities and individuals engaging in offshore transactions with sanctioned persons, organizations, governments (including state-owned instrumentalities) and government officials, and industrial sectors. This presentation will explore the implications of certain sanctions relief recently implemented that relates to Iran, the prospects for liberalization of the Cuban embargo, and other sanctions programs such as those related to the Sudan, Syria, Crimea (the part of Ukraine annexed by Russia), Russia, and activities threatening the security, peace, and stability of certain countries or regions. It will also cover trends in sanctions policy, the challenges of managing facilitation and evasion prohibitions, identifying blocked persons and the implications of dealing with them, conducting sufficient and reasonable due diligence, managing personal liability risks for individual employees acting on behalf of companies, and other issues that affect the day-to-day management and operation of business, including practical compliance best practices and tips.LUCINDA A. LOW, Steptoe & Johnson LLP, Washington, DCJACK R. HAYES, Steptoe & Johnson LLP, Washington, DC

5:10 – 7:00 pm Hosted Reception – For Registrants and Families

Lucinda A. Low

Jack R. Hayes

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Oil&GasSection - Part 1Friday Morning, July 22 - Concurrent with Mining Section

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8:30 – 9:00 am AnnualOilandGasLawUpdateThe Annual Oil and Gas Law Update will provide a summary of new and significant statutory, regulatory, and judicial developments applicable to upstream oil and gas development in the U.S. that have occurred since the 2015 Annual Institute.KRISTEN VAN DE BIEZENBOS, University of Oklahoma College of Law, Norman, OK

9:00 – 9:50 am Strategies for Midstream Operators and Their Producer Suppliers in Distressed TimesDuring difficult industry times, both midstream operators and their producer customers need strategies for successfully achieving the dual goals of finding the “sweet spot” for both parties and of reducing financial risk. This presentation will begin by examining the negotiation, structuring, and drafting of new midstream gas and crude arrangements incorporating new business models and industry developments. Next, it will focus on mining existing contracts to extract maximum value and specific strategies that may provide relief to counter-parties undergoing stress due to low commodity prices, lower volumes than anticipated, and other changes to their initial fundamental contracting assumptions. The speakers will cover the nuts and bolts of midstream contract and compensation structures in some detail, and will offer specific suggestions for drafting more bullet-proof provisions to protect the interests of contracting parties while at the same time allowing maximum flexibility over long-term contracts and in dynamic markets.ANNE D. WEBER, Weber Law Firm LLC, Denver, CO LARRY PAIN, Weber Law Firm LLC, Houston, TX

9:50 – 10:20 am Break

Kristen van de Biezenbos

Anne D. Weber

Larry Pain

Did you know that the Foundation’s Digital Library, current through December 2015, and easily searchable and affordable, contains the papers from the Proceedings of our first 61 Annual Institutes plus all of the papers from over 200 Special Institutes, 1970 through 2015? Manuals and audio recordings from the more recent institutes also are available separately.

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Friday Morning

10:20 – 11:10 am PermittingandTrespassIssuesAssociatedwithHorizontalDevelopmentonFederalLandsandMineralsHorizontal development on federal lands and minerals managed by the Bureau of Land Management and Forest Service presents unique issues for oil and gas operators. This presentation will explore common issues that operators may encounter when developing federal minerals, such as drilling without a permit or a lease, and failing to effectively secure an extension of a federal lease. The speakers will describe how BLM reviews wells that traverse federal subsurface in order to produce non-federal minerals, as well as BLM’s regulatory authority over wells that will produce federal minerals from off-lease locations. They will also review the various situations in which trespass of federal minerals may occur. Finally, the presentation will address issues presented by horizontal development on federal lands under NEPA, the NHPA, and the ESA.KATHLEEN C. SCHRODER, Davis Graham & Stubbs LLP, Denver, COWILLIAM A. LAMBERT, Bureau of Land Management, Billings, MT

11:10 – Noon OperatorRemediesAgainstDefaultingNon-OperatorsWhat remedies are available to operators of oil and gas properties when non-operators fail to meet financial obligations under the parties’ joint operating agreement? This presentation will analyze the remedies available under widely used form operating agreements, including steps that operators should take before any potential default, as well as after a non-operator fails to pay amounts billed by the operator. The speaker will examine judicial and non-judicial remedies, contractual and statutory liens, and additional provisions that can be added to form operating agreements. Questions about withholding non-operator revenues, setting off funds from other properties, seizing the non-operator’s lease and well rights, collecting unpaid expenses from the other non-operators, and seeking recovery from a non-operator’s predecessor in title will be explored, and procedures for alternative dispute resolution will also be considered.MICHAEL C. SANDERS, Sanders Willyard LLP, Houston TX

Noon – 2:00 pm Lunch - On Your Own, or Portia’s Lunch, or IPAA Lunch (See page 26 and Registration Form.)

Kathleen C. Schroder

William A. Lambert

Michael C. Sanders

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MiningSectionFriday Morning, July 22 - Concurrent with Oil & Gas Section

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8:30 – 9:00 am AnnualMiningandPublicLandLawUpdateThe Annual Mining and Public Land Law Update will summarize the key legislative, administrative, and judicial developments in mining and public land law since the 2015 Annual Institute.CHRISTINA C. SHEEHAN, Modrall Sperling, Albuquerque, NM

9:00 – 9:50 am Drip,Dribble,orDeluge:ManagingtheLegacyofMine-WaterDischarges from Historic and Abandoned Mines in the American WestIn late summer 2015, the U.S. Environmental Protection Agency and its contractors accidently released over three million gallons of wastewater and tailings from the closed Gold King Mine near Silverton, Colorado. The resulting deluge turned the Animas River a shocking yellow-orange, incited downstream communities, and spurred worldwide media attention. While EPA’s actions at Gold King will be scrutinized by scholars and the courts, there remains a more challenging and complex problem for the mining industry – the potential liability stemming from the thousands of unmanaged legacy mine sites on both public and private lands. Ongoing discharges from these sites release millions of gallons of water laden with heavy metals and other contaminants, in trickles and streams, into watersheds throughout the American West every year. Most water from legacy mining properties is untreated and uncontained, and someone may be responsible. This presentation will explore the potential legal consequences of discharges from closed or abandoned mines: what are the risks, who might be liable, and how to respond.ANDREW C. LILLIE, Hogan Lovells U.S. LLP, Denver, COELIZABETH H. TITUS, Hogan Lovells U.S. LLP, Denver, CO

9:50 – 10:20 am Break

10:20 – 11:10 am RoyaltiesinMiningAgreements:RealPropertyorPersonalProperty?Whether royalty interests in mining properties are personal property or real property has important consequences. Are royalties real property interests that run with the land? What are the potential rule against perpetuity and restraint on alienation issues? The impact of bankruptcy on royalties raises further questions, such as whether royalties can be treated as executory contracts that can be rejected in bankruptcy, and whether the underlying property can be sold free and clear of a royalty

Christina C. Sheehan

Andrew C. Lillie

Randall E. Hubbard

Elizabeth H. Titus

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MiningSectionFriday Morning, July 22 - Concurrent with Oil & Gas Section

Friday Morning

interest. Other implications include whether royalties are community property in community property states, and the extent to which recording royalty instruments under recording statutes binds or gives notice to third parties acquiring interests in the property burdened by a royalty. This presentation will also address royalty agreements that attempt to create perpetual rights to royalties under area of interest clauses, and recent case law such as the Bullion Monarch v. Barrick and Bullion Monarch v. Newmont cases in Nevada.RANDALL E. HUBBARD, Davis Graham & Stubbs LLP, Denver, CO

11:10 – Noon FarewelltoCoal?Leasing Moratorium. New Regulations. Litigation. Bankruptcies. Things are bad generally for mining, but no sector has been harder hit in the past few years than coal. In addition to unfavorable market conditions, the industry has been beset by determined and well-funded opponents exploiting a very process-intensive leasing and permitting regime. Further complicating matters has been an Administration with a rapidly evolving approach to defending its own decisions and advancing new regulations. These tensions have recently reached a crescendo with Secretary Jewell’s announcement of a moratorium on federal coal leasing pending a programmatic review of the entire federal coal program. This presentation will walk attendees through the current challenges facing the industry and discuss how regulatory and litigation initiatives affecting coal can more broadly threaten the mining of other minerals in the U.S.MICHAEL DRYSDALE, Dorsey & Whitney LLP, Minneapolis, MN

Noon – 2:00 pm Lunch - On Your Own, or Portia’s Lunch, or IPAA Lunch (See page 26 and Registration Form.)

Michael Drysdale

In the Mood for Adventure?

Visit the Tahoe Adventure Company at http://tahoeadventurecompany.com for kayaking, stand-up paddleboarding, cycling, sailing, mountain bike tours, guided hikes, peak climbing, rock climbing, backpacking, historical tours, and custom adventures. Reserve ahead of time, since many of the trips sell out in advance.

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OilandGasSection - Part 2Friday Afternoon, July 22 - Concurrent with Water Section

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2:00 – 2:50 pm WhatEveryRoyaltyPayorandPayeeNeedstoKnowAbouttheRecentDevelopmentsinCaseLawandRegulationsOil and gas royalty case law and regulations are anything but stagnant, and the rules vary from jurisdiction to jurisdiction. Often the applicable standards are developed through class action case law, and certain precedent-setting cases have been recently decided. Additionally, the federal regulations continue to evolve. This presentation will explore new issues in several areas of oil and gas royalty calculation, including: (1) recent class action royalty litigation and the resultant case law on deductions of post-production expenses and point of valuation; (2) developments in marketable product jurisdictions, including the significance of the Kansas Supreme Court’s Fawcett v. Oil Producers, Inc. of Kansas decision; and (3) the impact of the recent federal regulations affecting production from federal and Indian leases.MATTHEW J. SALZMAN, Stinson Leonard Street LLP, Kansas City, MO

2:50 – 3:20 pm Break

3:20 – 4:10 pm BetweenaRockandaHardPlace:ProblemsEncounteredinMarketingProductiononBehalfofLessorsandNon-OperatorsThe interests of operators, non-operators, and lessors are generally aligned in marketing oil and gas production. But there are times when the interests of the parties diverge, leaving operators to face certain dilemmas when marketing oil and gas production. For example, how does an operator satisfy its obligation when selling to an affiliate? Whose interests must be considered when dealing with midstream companies? How does an operator meet its obligation if it stores oil or shuts in wells during a downturn in the market? This presentation will examine the basic express and implied obligations to market on behalf of lessors and non-operators, the recognized standards of operator conduct, and the effect of common provisions in mineral leases and joint operating agreements on the obligation to market. It will also explore potential exposures to liability when an operator is faced with a choice that could benefit some owners but not others.AIMEE W. HEBERT, Kelly Hart & Pitre, New Orleans, LA

Matthew J. Salzman

Aimee W. Hebert

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RESORT AT SQUAW CREEK (Headquarters Hotel) www.squawcreek.com

Deluxe Room: $279 Fireplace Suite: $329 Deluxe Fireplace Suite: $359 1 Room Penthouse: $359 2 Room Penthouse: $399 2 Room Deluxe Penthouse: $399

• Online Reservations: http://tinyurl.com/rockym109

• Telephone Reservations: (530) 583-6300 or (800) 403-4434

PLUMPJACK SQUAW VALLEY INN (3 miles from Headquarters Hotel) www.plumpjacksquawvalleyinn.com

King Room: $185 Queen Room: $195

• Telephone Reservations: (530) 583-1576

• Email Reservations: rmccormick@plumpjack.com

SQUAW VALLEY LODGE (3 miles from Headquarters Hotel) www.squawvalleylodge.com

Deluxe Studio: $209 1 Bedroom: SOLD OUT Loft Suite: $249 2 Bedroom: $369 (call 530-214-4014)

Use the promo code “RM16” for the Username, Password, and Discount Code.

• Online Reservations: https://securesvl.com/irmnet/login.aspx

• Telephone Reservations: (530) 214-4014 or (800) 922-9970

VILLAGE AT SQUAW VALLEY (3 miles from Headquarters Hotel) squawalpine.com/lodging/village-squaw-valley-lodging

1 Bedroom: $174 2 Bedroom: $314 3 Bedroom: $494

• Online Reservations: http://tinyurl.com/zqsrho9

• Telephone Reservations: (530) 584-1000 or (888) 767-1907

ROOM RESERVATIONSMake your room reservations as soon as possible!

Most hotel rooms and condos in Squaw Valley are only available within our room blocks.

Rooms can still be reserved at substantially discounted rates. All sessions will be held at the Resort at Squaw Creek, a 20-minute trail walk or 5-minute drive or shuttle ride from the other three hotels in our room block in the Village at Squaw Valley. See the hotel map at www.rmmlf.org/AI62-Map.pdf.

Please book early to reserve the hotel and room type of your choice – everything from lodge rooms to luxury 3-bedroom condos. When calling, you must refer to the Rocky Mountain Mineral Law Foundation and the 62nd Annual Institute to receive our special discounted pricing. Resort fees will be waived or included in the rates below if you book in our room blocks. Note all hotel advance deposit and cancellation policies.

Current as of 4/1/16 All rates are per night, plus taxes

Contact us at info@rmmlf.org if you have any questions or if you encounter any problems when making your room reservations.

SOLD OUT

Spa DiscountsThe Spa at Squaw Creek, rated one of the top five resort spas in the country, is offering our group a 10% dis-count off midweek (Monday-Friday) treatments. Call 530-583-6300 for reservations, and mention the 62nd Annual Institute. Pick up a discount voucher at the Foundation’s registration desk ahead of time. www.squawcreek.com/lake-tahoe-california-spas.php

Trilogy Spa in the Village at Squaw Valley is offering our group cozy fireside relaxation in their wine/champagne bar, in addition to a 10% discount on spa services. Call 530-584-6125 for reservations, and mention the 62nd Annual Institute. www.trilogyspa.com

SOLD OUT

19

OilandGasSection - Part 2 (Continued)

FridayAfternoon

4:10 – 5:00 pm EverythingOldIsNewAgain:LeaseMaintenanceIssuesthatAriseWhen Oil Prices DropMaintaining leases through drilling and production efforts has been a constant issue over the years. Due to the recent collapse of oil prices, this issue has once again become paramount as companies face significant challenges undertaking drilling and production operations sufficient to keep leases alive. This presentation will examine the potential implications of gaps in production and delays in operations with respect to typical habendum, continuous drilling, and shut-in clauses and other lease maintenance provisions found in oil and gas leases, including whether leases are at risk of termination under these and other circumstances precipitated by the economic downturn in the oil and gas industry.SEAN B. MURPHY, Day Carter & Murphy LLP, Sacramento, CACARLIN A. YAMACHIKA, Day Carter & Murphy LLP, Sacramento, CA

Sean B. Murphy

Carlin A. Yamachika

Moondogs - The BandJoin our own Susan Miller Bisong and Stuart Butzier and their fabulous band, Moondogs, at the Village at Squaw Valley for a FREE outdoor concert on Friday evening, July 22, from 6:00 - 8:30 pm. Cash bar and food available. Families are welcome.

20

WaterSectionFriday Afternoon, July 22 - Concurrent with Oil and Gas Section

FridayAfte

rnoo

n

2:00 – 2:50 pm The Clean Water Act Goes to CourtIn response to three decisions of the U.S. Supreme Court that have cast considerable doubt over the extent of waters protected under the Clean Water Act, the U.S. Environmental Protection Agency and the Army Corps of Engineers issued new regulations in 2015 defining the statutory term “waters of the United States.” After providing a brief historical background, this presentation will provide an update on the substance of the regulation and the multiple legal challenges it has engendered throughout the nation. It will also provide a synopsis of a Clean Water Act case currently before the Supreme Court that will decide whether “jurisdictional determinations” performed as a public service by the Corps of Engineers are subject to immediate challenge in the courts.STEPHEN SAMUELS, U.S. Department of Justice, Washington, DC

2:50 – 3:20 pm Break

3:20 – 4:10 pm TheTruckeeRiverOperatingAgreement:ManagingtheTruckeeRiverSystembyAgreementInsteadofLitigationThe Truckee River Operating Agreement (TROA), which was recently implemented after being negotiated since 1990, provides an opportunity to attempt management by agreement for a river system that has been mired in over a century of litigation. The system includes Lake Tahoe, the Truckee River, and Pyramid Lake, as well as out-of-basin diversions to the Carson River Basin. This geography provides at least one example (and usually multiple examples) of almost all modern issues in water law across the West: interstate allocation between California and Nevada; reserved water rights for federally recognized Indian tribes in the Truckee basin and the Carson Basin; conflicts between endangered species and water use; and agricultural-to-urban conversions and trans-basin diversions. This presentation will discuss how TROA addresses these complex issues, with a focus on solutions that may be applicable when these common problems present themselves in other river systems.M. RODNEY SMITH, JR., U.S. Department of the Interior Office of the Solicitor, Salt Lake City, UT

Stephen Samuels

M. Rodney Smith, Jr.

21

FridayAfternoon

4:10 – 5:00 pm Securing the Unsecurable: The Future of Collateralizing Water Rights in the West In the arid West, water is one of our most important natural resources. In fact, water rights, apart from the land, are themselves an increasingly valuable property interest. In many circumstances, land without water rights may be of limited value. Land is commonly used as collateral for financing, and appurtenant water rights are often assumed to be encumbered along with the land. However, as the value of water rights independent of the land itself increases, the use of water rights as financial collateral has become more common. This presentation will analyze the use of water rights as collateral and address risks associated with the collateralization of water rights, including how interested parties can ensure that their security interests in water rights are adequately protected. The speaker will also compare the water law regimes and practices of various western states to identify state-specific and common challenges in collateralizing water rights.L. WILLIAM STAUDENMAIER, Snell & Wilmer L.L.P., Phoenix, AZ

L. William Staudenmaier

Oil & Gas Agreements: Purchase and Sale Agreements May 12-13, 2016 in Santa Fe, New Mexico

Challenging and Defending Federal Natural Resource Agency Decisions September 14-15, 2016 in Westminster, Colorado

Oil&GasLawShortCourse October 17-21, 2016 in Houston, Texas

Oil&GasJointOperationsandthe NewAAPLForm610ModelFormOperatingAgreement

November 3-4, 2016 in Houston, Texas

AdvancedPublicLandLaw January 26-27, 2017 in Santa Fe, New Mexico

InternationalMiningandOil&GasLaw,Development,andInvestment April 26-28, 2017 in Quito, Ecuador

NaturalResourcesLawTeachersInstitute May 31-June 2, 2017 in Banff, Alberta

UPCOMING PROGRAMS

22

Landman’sSectionSaturday Morning, July 23 - Concurrent with Environmental Section

8:40 – 9:40 am DueDiligenceDoneRight:PracticalandEthicalIssuesforLandmenandAttorneysThe four key elements of a successful due diligence activity for a seller or buyer are defining the desired outcome; analyzing and assessing the diligence needed to achieve the desired outcome; developing a strategic plan for implementation of the diligence process; and executing the plan. This presentation will explain the importance of defining a desired outcome and the critical factors that underpin a successful due diligence plan. The speakers will address the determination of the extent of due diligence required to achieve the desired outcome, including setting materiality thresholds, identifying reports to be developed, allocation of resources, and preservation of records. They will also discuss when and how to invoke the attorney-client privilege, and standards of practice and ethical rules as between due diligence team members, including the landman and the lawyer.MELANIE B. BELL, AAPL, Fort Worth, TXMARGARET L. MEISTER, Modrall Sperling, Albuquerque, NM

9:40 – 10:00 am Break

10:00 – 11:00 am NavigatinganImperfectOilfield:DrillingwithNoJOAor withMultipleJOAsEveryone knows not to drill an oil and gas well without a joint operating agreement that is binding upon all owners of drilling rights. The AAPL 610 Model Form Operating Agreement (including the Horizontal Modifications) has evolved in the sixty years since its first issuance through at least two oilfield depressions and enormous technical advancements in the industry and is currently the tried, true, and tested standard (albeit frequently with modifications) to govern the rights and obligations of co-owners jointly drilling oil and gas wells. But what happens when one or more co-owners won’t sign an operating agreement and some or all owners still want or have to drill? Or, perhaps even more confoundingly, what happens when there is more than one joint operating agreement covering different interests in the same drillsite already in place and some or all owners insist upon drilling? This presentation will explore the legal rights and obligations of the co-owners in those contexts vis-à-vis the solutions provided by the AAPL Model Form with respect to the drilling of a single well and its associated spacing unit. Specific issues addressed will include basic rights to operate, proposal of operations, consent and non-consent operations, liabilities of the parties for drilling costs, cost overruns, marketing of production, and rights to well information. The presentation will also address harmonizing differing provisions when confronted with multiple JOAs.WILLIAM M. KERR, JR., Kelly Hart & Hallman, Austin, TX

Melanie B. Bell

Margaret L. Meister

William M. Kerr, Jr.

Satu

rday

Mor

ning

23

Saturday Morning

11:00 – Noon CrossingtheCommunityPropertyBorderThe first recorded evidence of marriage dates from over 4,000 years ago. Some would say disputes over marital property have enjoyed an equally lengthy history. Consequently, laws governing marital property – commonly referred to as community property – have developed over time to bring certainty to ownership of marital property. With over half of the U.S. adult population married, oil and gas and mining companies frequently encounter issues related to community property when acquiring or leasing minerals, paying royalties, or entering into other agreements affecting real property. Further, with nearly half of all marriages ending in divorce, failing to understand community property laws can result in invalid agreements and costly ownership disputes. This presentation will help attorneys and landmen identify and minimize risks when dealing with community property in the major mining and oil and gas producing states.THOMAS A. HENRY, Stoel Rives LLP, Sacramento, CAMICHAEL J. SHERMAN, Stoel Rives LLP, Sacramento, CA

Noon Adjournment

Thomas A. Henry

Michael J. Sherman

FUTURE ANNUAL INSTITUTES

63rdAnnualInstitute:Santa Fe, New Mexico - July 20-22, 201764thAnnualInstitute:Victoria, British Columbia - July 19-21, 201865thAnnualInstitute:Monterey, California - July 18-20, 201966thAnnualInstitute:Salt Lake City, Utah - July 23-25, 202067thAnnualInstitute:Seattle, Washington - July 15-17, 2021

Save the

Dates!

24

EnvironmentalSectionSaturday Morning, July 23 - Concurrent with Landman’s Section

Satu

rday

Mor

ning

8:40 – 9:10 am EnvironmentalLawUpdate The Environmental Law Update will summarize the key legislative, administrative, and judicial developments in environmental law since the 2015 Annual Institute. Topics will include litigation involving the Clean Power Plan and EPA’s contested definition of waters of the United States under the Clean Water Act.SARAH STAUFFER CURTISS, Stoel Rives LLP, Portland, OR

9:10 – 10:00 am TheSpectreofEPABondingofHardRockMinesUnderCERCLAUnder court order, EPA is currently undertaking a rule-making that it was required to do back in 1983. CERCLA Section 108(b) requires that the federal government identify classes of facilities for which it will require financial assurance to protect against releases of hazardous substances, and imposes the 1983 deadline. Some 25 years after that deadline passed, a number of environmental groups sued to compel agency action, and in 2009 EPA identified the hard rock mining industry as the first industry sector for which it would promulgate financial assurance requirements under CERCLA. Draft regulations are expected in December 2016, and potentially as soon as August 2016. This presentation will address what EPA has disclosed so far about its CERCLA bonding initiative; the issues that the mining industry should be prepared to address when the proposed regulations are put out for public comment; how EPA’s new rules may either preempt, or differ from, the reclamation bonding requirements that already govern this industry; and the effect that the August 2015 Gold King Mine spill, and challenges associated with other closed mines, may have on EPA’s approach to bonding required for the industry.CAMERON M. LEONARD, Perkins Coie LLP, Anchorage, AKSTEPHANIE M. REGENOLD, Perkins Coie LLP, Boise, ID

10:00 – 10:20 am Break

10:20 – 11:10 am OilandGasAirQualityIssues–EffortstoCurbMethaneEmissionsandClimate ChangeIn 2012, after extensive public comment, the U.S. Environmental Protection Agency adopted new regulations for oil and gas production facilities, NSPS Subpart OOOO, that specify requirements to reduce air emissions, including volatile organic chemicals and sulfur dioxide emissions. EPA proposed revisions to those regulations on

Sarah Stauffer Curtiss

Cameron M. Leonard

Stephanie M. Regenold

Stacy J. Stotts

25

EnvironmentalSectionSaturday Morning, July 23 - Concurrent with Landman’s Section

Saturday Morning

August 18, 2015. These new regulations would subject to regulation additional emission sources not currently covered by the existing rule as well as new reductions of methane emissions. Methane is one of the most potent greenhouse gas emissions and the reduction of methane emissions across the oil and gas industry is a priority as a part of the Obama Administration’s Climate Action Plan. In addition, the BLM proposed rules on January 22, 2016 to reduce methane emissions for venting, flaring, and leaks at oil and gas operations. This presentation will discuss the various federal rules and proposals as well as other air related proposals, such as how a “single source” should be defined, that will impact oil and gas production operations.STACY J. STOTTS, Stinson Leonard Street LLP, Kansas City, MO

11:10 – Noon Is the Scope of Federal Agency Deference Eroding or Strengthening? WhatDoChangingViewsonDeferenceMeanforChallengingFederalActionsandforDefendingFederalPermittingDecisions?Recently, there has been increasingly strong language from the U.S. Supreme Court questioning the scope and appropriateness of agency deference. In Utility Air Regulation Group v. EPA, the Court found that EPA was not entitled to Chevron deference, and struck down the EPA’s “Tailoring Rule.” In 2015, Justices penned concurrences that (i) expressly sought a case that directly allowed the Court to determine whether to continue Seminole Rock deference; (ii) expressly called for abandonment of Auer; and (iii) expressly questioned whether Chevron deference is constitutional. Taken together, these cases suggest that a future Supreme Court case may substantially change the way that natural resource lawyers and regulatory agencies must consider the weight and strength of agency positions. In this regard, several Circuit Courts of Appeals are already suggesting that deference to agency decisions and interpretations should be scrutinized. However, other circuits appear to have strengthened agency deference. This presentation will consider deference arguments that have, or have not, been successful in challenging or defending federal agency decisions.STEPHEN W. SMITHSON, Snell & Wilmer L.L.P., Salt Lake City, UTE. BLAINE RAWSON, Ray Quinney & Nebeker P.C., Salt Lake City, UT

Noon Adjournment

Stephen W. Smithson

E. Blaine Rawson

26

SPECIAL FUNCTIONSWEDNESDAY, JULY 20 YoungProfessionalsReception(6:00 – 8:00 pm) This gathering offers young professionals and their significant others an opportunity to meet young lawyers, landmen, and other professionals from around the country and around the world. Meet and network over drinks and hearty hors d’oeuvres, learn more about the Foundation, and discuss how the Foundation can better serve professionals in the first decade of their career.

THURSDAY, JULY 21 NewcomersBreakfast(7:15 – 8:15 am) For newcomers to the Foundation who would like to learn more about participating in Foundation activities, committees, and programs.

InternationalLunch(Noon – 2:00 pm) For registrants working in the international arena who would like to network with other professionals and learn more about the Foundation’s international programs and outreach efforts. The winner of the prestigious 2016 Australian Mining and Petroleum Law Association (AMPLA) award will present a topic of interest to our international registrants. Also, there will be a 10-minute flash report on developments in Argentina, by Juan Martin Allende, Allende & Brea, Buenos Aires.

In-HouseCounselLunch(Noon – 2:00 pm) Limited to in-house counsel. This is an opportunity to meet your peers, socialize, and network. Speaker to be announced.

NaturalResourcesLawTeachersLunch (Noon – 2:00 pm) For full- and part-time academic faculty who would

like to network with new and old friends. Speaker to be announced.

HostedReception(5:10 – 7:00 pm) For registrants, guests, and families. Bring the kids – fun food and drink for the smaller people in your family also.

FRIDAY, JULY 22 Portia’sLunch(Noon – 2:00 pm) For professional women from different generations, cities, and practices, Portia’s lunch is an opportunity to meet, network, share experiences, and enjoy a presentation. Speaker to be announced. IPAALawCommitteeMeetingLunch (Noon – 2:00 pm) For IPAA members and interested professionals, speakers will present current legal issues for oil and gas producers.• Poe Leggette, BakerHostetler LLP, Denver, will

summarize the latest developments in litigation involving BLM’s hydraulic fracturing rule.

• Professors Emeritus Bruce Kramer, Of Counsel to McGinnis Lochridge & Kilgore, L.L.P., Houston, and Patrick Martin, LSU Law Center, will discuss current developments in oil and gas law with a focus on royalty litigation in Kansas and Texas, an update on Louisiana litigation, statewide class actions in Arkansas, preemption in Colorado, and real covenants and continuing liability of the original lessee in Wyoming.

• Jonathan Airey, Vorys, Sater, Seymour and Pease LLP, Columbus, and Chair of the IPAA Law Committee, will provide an update on Appalachian Basin legal developments.

Aerial Tram Ride the aerial tram from the base area to High Camp at an elevation of 8,200 feet. Climbing 2,000 feet, the tram offers incredible views of the Sierra Nevada mountain range and Lake Tahoe itself. Family pets are welcome on board. Beaches Soak up the California sunshine on one of the many beaches at Lake Tahoe, surrounded by majestic peaks. Climbing Wall Try one of the outdoor 26-foot rock climbing walls, located outside the Funitel, at the top of High Camp, and inside the Tram Building at the base of the Village. Numerous routes will test any climber, from beginner to expert. Croquet The classic game of croquet has made its way to Squaw Valley. Drive wooden balls through a series of wickets set out on the lawn. Available free of charge on the grass area outside of High Camp.

THINGS TO DO

27

THINGSTODO(continued)Cycling Take a leisurely 7-mile bike ride on a paved bike path, completely apart from the road, which runs the length of the Truckee River until it meets Lake Tahoe in Tahoe City. Great views and wildlife. You can even rent a mesh trailer for the little ones who would rather relax for the ride. For more serious cyclists, the path extends along the north and west shores of Lake Tahoe, all the way to Sugar Pine Point. Excellent single-track mountain bike trails also originate near the Village base area. Disc Golf Squaw Valley’s disc golf course includes 3 beginner holes at High Camp for those looking to get a feel for the game, and 15 extreme holes that wind up and down Shirley Canyon. Bring your own disc golf equipment. Gambling Visit the North Lake Tahoe casinos, about 20 miles from the Valley. Geocaching An outdoor treasure hunt in which participants download an app to their phone to locate more than 2 million caches or hidden treasure boxes worldwide. There are hidden caches all over the upper mountain for geocachers to find. Golf Challenge your golf game on the 18-hole Links at Squaw Creek, a narrow course where accuracy is more important than distance. There are 46 championship courses within an hour’s drive. Or play on a custom-built 18-hole miniature golf course that winds through the Village – fun for kids and challenging for adults. Hiking Start your journey at the base area or at High Camp, choosing from a variety of trails (maps available from Guest Services). Climb to the weathered buttresses atop Squaw Peak, visit the historic Watson Monument at Emigrant Peak, or meander through the meadows covered with wildflowers. Movies Families and friends can snuggle up under the stars while enjoying new releases and family classics on the big screen in the Events Plaza at the Village. A different movie shows every Thursday. Or see a movie on Commons Beach. Music Enjoy live music nightly everywhere, from an intimate casino once frequented by Frank Sinatra to one of North Lake Tahoe’s largest beaches at sunset. Bluesdays happen every Tuesday – a free outdoor concert series at the Village that features acclaimed blues musicians, grab and go food offerings from Village restaurants, and a blues bar. Paddleboarding Challenge your balance and try stand-up paddleboarding on Lake Tahoe. Ropes-Course Built into the hillside facing beautiful Shirley Canyon and Squaw Valley’s mountain peaks is one of the largest ropes courses in California. Beginner and intermediate aerial trekking circuits complement vertical climbing elements, including 9 different bridges, 7 short zip lines, 5 vertical climbing events, and the giant swing. Available for kids 5 years and older. Or visit Treetop Adventure Park at Granlibakken, 6 miles away, for an even larger venue. Shakespeare Take in the Lake Tahoe Shakespeare Festival, a summer staple at Sand Harbor’s outdoor amphitheater overlooking one of Tahoe’s most beautiful areas. Slackline Park Made nationally famous by the Gibbon Slackline Team, which performed at the 2012 Super Bowl, slacklining is an emerging sport that challenges participants to balance along a dynamic surface known as a slackline. Squaw Valley’s Slackline Park utilizes a myriad of poles and concrete blocks secured in the ground as anchor points for the slacklines, allowing for many different configurations and line lengths. Slackline Park is completely free to use. Tahoe City Visit the Foothill Farmer’s Market and Gatekeepers Museum. Truckee The historic Old West town of Truckee, less than 15 miles from North Lake Tahoe, features wonderfully preserved downtown buildings, modern boutiques, restaurants, bars, galleries, shops, and the Tahoe Art Haus & Cinema. Triathalon Stick around on Sunday and join the Donner Lake Triathalon. Yoga Free yoga class every Wednesday at the Village, with special guest appearances from well-known yoga instructors. Mats are available. Formorestuff,visittheNorthLakeTahoeChamber/CVB/ResortAssociationatwww.GoTahoeNorth.com.

28

PremierReceptionSponsors

ReceptionSponsors

AuthorsBreakfastSponsor

Interested in becoming a sponsor? Contact info@rmmlf.org

BakerHostetler LLPCrowley Fleck PLLP

Davis Wright Tremaine LLPDorsey & Whitney LLP

Holland & Hart LLPKirkland & Ellis LLP

Mitchell Chadwick LLPPerkins Coie LLP

Thompson & Knight LLP Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

Bryan Cave LLP Fredrikson & Byron, P.A.

Guess & Rudd P.C. Harrison, Temblador, Hungerford & Johnson LLP

Haynes & Boone, L.L.P. Hogan Lovells US LLP Kinross Gold USA, Inc.

Lexpert, A Thomson Reuters Business McGinnis, Lochridge & Kilgore, L.L.P.

Modrall Sperling Panorama Minero

Parsons Behle & Latimer Stoel Rives LLP

Vorys Sater Seymour and Pease LLP Welborn Sullivan Meck & Tooley, P.C.

(Current as of 4/1/2016)

LexisNexis

29

RoomReservations: See page 18 for details. Questions or problems? Send an email to info@rmmlf.org.

Car Rental Discounts: Hertz is offer ing special discounts by referencing Meeting CV#03NJ0011 and Rocky Mountain Mineral Law Foundation. Make reser vations at http://tinyurl.com/rmhertz2016 or call 800-654-2240 (U.S.) 800-263-0600 (Canada) 405-749-4434 (International)

RegistrationFees: Include electronic course materials, refreshments, and hosted functions. These fees do not include hotel costs or transportation. Registrations will be accepted only when accompanied by a check, money order, government purchase order or training form, credit card information, or wiring informa-tion. No registrations can be processed without payment. If a registration form and payment are not received by June 20, 2016, your name may not appear on the final registration list.

RegistrationCancellations: Refunds, less a $50 adminis tra tive fee, will be given for cancel la tions received by 3:00 pm on Thursday, June 30, 2016. No refunds will be given there after, although substitution of attendees may be made by contacting the Foundation. Cancellations must be made by email to info@rmmlf.org or by fax at 303-321-7657. Registrants not entitled to a refund will receive a link to all papers and PowerPoints. For questions on refunds, complaints, and/or program cancellations, please contact our office at 303-321-8100.

Recording: Audio and video recording, streaming, or other types of live or stored dissemination are not permitted without express authorization from the Foundation.

Special Needs: If you have special needs addressed by the ADA, please notify us at least four weeks before the program.

CLE Credit: This course consists of approximately 13.75 hours of continuing education, including up to 2 hours 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). Credit hours for states will vary and are subject to each state’s approval and credit rounding rules. Foundation conferences are typically accredited by all mandatory CLE states and Canadian provinces, the AAPL, NADOA and NALTA, and other professional organizations. Attorneys from certain states may be required to pay an additional fee. The Foundation is a State Bar of California MCLE-approved provider.

CPE Credit: 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 16 CPE credits are available, including up to 2 ethics credits. The program level is “overview.”

GENERAL INFORMATION

30

LAW SCHOOLSUniversity of Alberta Law Centre, Faculty of Law David R. PercyUniversity of Arizona College of Law James C. HopkinsArizona State University College of Law Karen Bradshaw SchulzBrigham Young University, J. Reuben Clark Law School James R. RasbandUniversity of Calgary Faculty of Law Alastair R. LucasUniversity of California, Davis School of Law Lesley K. McAllisterUniversity of Colorado School of Law Mark S. SquillaceCreighton University School of Law Michael J. KellyUniversity of Denver College of Law Jan G. LaitosGonzaga University School of Law Amy K. KelleyUniversity of Houston Law Center Jacqueline L. WeaverUniversity of Idaho College of Law Dale D. GobleUniversity of Kansas School of Law Uma OutkaLewis and Clark College, Northwestern School of Law Janice L. WeisLouisiana State University Law Center Keith B. HallUniversity of Montana School of Law Samuel J. PanarellaUniversity of Nebraska College of Law Sandra B. ZellmerUniversity of Nevada Las Vegas School of Law Addie C. RolnickUniversity of New Mexico School of Law Alex RitchieUniversity of North Dakota School of Law Christine R. FritzeUniversity of Oklahoma College of Law Monika U. EhrmanUniversity of the Pacific, McGeorge School of Law Rachael E. Salcido

University of South Dakota School of Law Sean KammerSouthern Methodist University School of Law John S. LoweTexas Tech University School of Law Kristen van de BiezenbosUniversity of Texas School of Law Ernest E. SmithUniversity of Tulsa College of Law Marla E. MansfieldUniversity of Utah College of Law Robert B. KeiterWashburn University School of Law David E. PierceUniversity of Wyoming College of Law Sam Kalen

BARASSOCIATIONSAlaska Bar Association James D. LinxwilerAmerican Bar Association–SEER John R. JacusState Bar of Arizona Rob RisleyColorado Bar Association Christopher G. HayesIdaho State Bar William G. Myers, IIIState Bar of Montana John R. LeeNebraska State Bar Association Annette M. KovarState Bar of Nevada John R. ZimmermanState Bar of New Mexico Elizabeth A. RyanState Bar of South Dakota Dwight GubbrudState Bar of Texas David M. PattonUtah State Bar Denise A. DragooWyoming State Bar Thomas F. Reese

CONSTITUENT ORGANIZATIONS & TRUSTEES

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MINING ASSOCIATIONSAlaska Miners Association Deantha Crockett American Exploration & Mining Association Laura SkaerArizona Mining Association Kelly NortonColorado Mining Association Stuart A. SandersonIdaho Mining Association Michael L. ClaryNational Mining Association Katie SweeneyNevada Landmen’s Association Jeffrey N. FaillersNevada Mining Association Jim B. ButlerNew Mexico Mining Association John B. DraperRocky Mountain Association of Mineral Landmen Ronald I. SchindlerUtah Mining Association Michael J. Malmquist

OIL & GAS ASSOCIATIONSAmerican Association of Professional Landmen Knute H. Lee, Jr.American Petroleum Institute Stacy R. LindenAssociation of International Petroleum Negotiators Harry W. SullivanDenver Association of Petroleum Landmen Kent S. DavisIndependent Petroleum Association of America Mark S. BarronIndependent Petroleum Association of New Mexico Jared A. HembreeNew Mexico Oil and Gas Association Andrew J. CloutierWestern Energy Alliance Kathleen C. Schroder

TRUSTEES- AT-LARGEKhaled Abdel-BarrDavid A. BaileyBritt D. BanksJonathan D. BaughmanReed D. BensonJennifer L. BieverMatthew G. BinghamHoward L. BoigonLynnette J. BoomgaardenMarcilynn A. BurkeJoan E. DrakeMalik DuncanAngela L. FranklinPatrick J. GarverFlorencia HerediaSteven K. ImigSuedeen G. KellyLisa A. KirschnerMarty MillerUriah J. PriceHadassah M. ReimerConstance L. RogersSarah A. StrunkCarlos VilhenaMary A. Viviano

HONORARY TRUSTEES Owen L. Anderson Richard H. Bate Brian T. Dolan Fred E. Ferguson Jerry L. Haggard Desmond P. Kearns Bruce M. Kramer Patrick H. Martin J. Robert Outerbridge David P. Phillips W. E. (Wallie) Rasmussen George E. Reeves Donald E. Wakefield Robert F. Wilson

CONSTITUENT ORGANIZATIONS & TRUSTEES

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Mark Holland

Frances Hartogh Margo MacDonnell

Stevia Walther

BOARDOFDIRECTORS

STAFF

OFFICERS

Phillip R. Clark, President

Jonathan A. Hunter, Vice President

Brian R. Bjella, Secretary

Jolisa M. Dobbs, Treasurer

PAST PRESIDENTS

Milam Randolph Pharo, 2014–2015

Robert B. Keiter, 2013–2014

MEMBERS-AT-LARGE

Brian T. Dolan

William B. Prince

Rachael E. Salcido

Scot W. Anderson

Michael J. Bourassa

Rebecca W. Watson

Stevia Walther, Executive Director

Mark Holland, Associate Director

Frances Hartogh, Associate Director and Director of Outreach

Margo MacDonnell, Director of Publications

Surbhi Chavda, Director of Finance

Ryan Minton, Assistant Legal Editor

Jennifer S. Roulette, Legal Assistant

Gregoria Frangas, Desktop Publisher

John Stonecypher, Webmaster

Julie Thurman, Customer Service Manager

Christy Lee, Database Specialist

Deanna Crowe, Administrative and Outreach Assistant

Morgan Moss, Bookkeeper

Phillip R. Clark

Jolisa M. Dobbs

Brian R Bjella

Jonathan A. Hunter

1955 1st Boulder

1955-56 * A. T. Smith 2nd Boulder

1956-57 * William J. Wehrli 3rd Missoula

1957-58 * James M. Haughey 4th Boulder

1958-59 * John P. Akolt 5th Salt Lake City

1959-60 * R. Lauren Moran 6th Boulder

1960-61 * Charles R. Enos 7th Albuquerque

1961-62 * Clyde O. Martz 8th Denver

1962-63 * Thomas J. Files 9th Boulder

1963-64 * James K. Groves 10th Salt Lake City

1964-65 * Calvin A. Behle 11th Denver

1965-66 * Paul L. Martin 12th Boulder

1966-67 * Roscoe Walker, Jr. 13th Denver

1967-68 * Ernest R. Fleck 14th Flagstaff

1968-69 * Victor H. Verity 15th Vail

1969-70 * David R. Phipps 16th Albuquerque

1970-71 Kenneth E. Barnhill, Jr. 17th Vail

1971-72 * Donald E. Schwinn 18th Missoula

1972-73 * William T. Schwartz 19th Snowmass

1973-74 * Lewis C. Cox, Jr. 20th San Francisco

1974-75 Don H. Sherwood 21st Rapid City

1975-76 * Robert D. Poulson 22nd Sun Valley

1976-77 Thomas P. Brightwell 23rd Lake Tahoe

1977-78 * Robert G. Pruitt, Jr. 24th Vail

1978-79 Terry N. Fiske 25th Seattle

1979-80 * Donn Bennett 26th Sun Valley

1980-81 Stan Dempsey 27th San Diego

1981-82 * Burns H. Errebo 28th Vail

1982-83 * Norman Hanson 29th Vancouver

1983-84 Thomas J. Nance 30th Sun Valley

1984-85 Gary L. Greer 31st San Diego

1985-86 George A. Gould 32nd Calgary

1986-87 * Charles C. Dietrich 33rd Vail

1987-88 Clayton J. Parr 34th Seattle

1988-89 Kenneth D. Hubbard 35th Snowmass

1989-90 Randall M. Case 36th Santa Fe

1990-91 * Philip G. Dufford 37th Monterey

1991-92 Richard K. Sager 38th Vancouver

1992-93 John C. Lacy 39th Vail

1993-94 Randy L. Parcel 40th San Diego

1994-95 Paul J. Schlauch 41st Sun Valley

1995-96 Rodney D. Knutson 42nd Santa Fe

1996-97 David G. Ebner 43rd Portland

1997-98 Frank Erisman 44th Snowmass

1998-99 Bill Laughlin 45th Monterey

1999-00 Laura Lindley 46th Vancouver

2000-01 * Hugh V. Schaefer 47th Santa Fe

2001-02 Samuel D. Haas 48th Lake Tahoe

2002-03 Phillip Wm. Lear 49th San Diego

2003-04 John S. Lowe 50th Vail

2004-05 James M. King 51st Portland

2005-06 James A. Holtkamp 52nd Santa Fe

2006-07 Lynn P. Hendrix 53rd Vancouver

2007-08 Craig R. Carver 54th Snowmass

2008-09 David E. Pierce 55th San Francisco

2009-10 Walter E. Stern 56th Banff

2010-11 Max Main 57th Santa Fe

2011-12 Jan N. Steiert 58th Newport Beach

2012-13 Catherine J. Boggs 59th Spokane

2013-14 Robert B. Keiter 60th Vail

2014-15 Milam Randolph Pharo 61st Anchorage

2015-16 Phillip R. Clark 62nd Squaw Valley

Year President Institute Location Year President Institute Location

* deceased

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