Take it to the bank: Session at annual Western conference to discuss water banking, leasing
The session, “Water Banking and Leasing in the West: Practical Pointers and Pitfalls,” will be presented by three western attorneys with backgrounds in water and environmental law.
By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
April 30, 2025
Fast facts:
- Water banking the focus of session at NALC, NASDA Foundation conference
- Western water law experts to lead session
- Registration is online, including livestream option
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FAYETTEVILLE, Ark. — Water scarcity, drought, regulatory frameworks and more — the Western United States faces multiple challenges when it comes to water management, with states having to adapt and develop solutions to meet ongoing needs.
One such strategy to meet growing water needs is water banking and leasing. Water banking systems allow for stored water to be reallocated, and ownership transferred. This enables water leasing programs, by which the water stored in banks is leased out for a period without a full transfer of ownership. Water is later “paid back” by returning an equivalent amount, or through negotiated terms specified in the lease agreement.
“Agriculture in the Western U.S. faces many challenges unique to the region,” said Harrison Pittman, director of the National Agricultural Law Center, or NALC. “Water is one of the issues at the forefront, with persistent drought and other issues at hand. Water banking and leasing have emerged as possible routes for states to take, but with development of such programs comes policy that can be quite complex.”
A session at the 3rd Annual Western Water, Agricultural, and Environmental Law Conference will provide details on water banking and leasing, looking at how states such as Utah, California, and Washington have implemented the system and what other states might take away from these developments.
“Our expert panel on water banking and leasing will provide stakeholders with essential information to navigate trends and regulations, as well as pitfalls in these processes to look out for,” said Pittman.
The session, “Water Banking and Leasing in the West: Practical Pointers and Pitfalls,” will be presented by three Western attorneys with backgrounds in water and environmental law:
- Ernest Conant, counsel, Downey Brand LLP
- Alyssa A. Moir, partner, K&L Gates
- Emily E. Lewis, partner, Culp & Kelly LLP
The Western Conference will be held June 19-20 at the Peppermill Resort Spa Casino in Reno, Nevada. The conference is hosted by the NALC and the National Association of State Departments of Agriculture Foundation, or NASDA Foundation.
“The conference is a premier educational opportunity, as well as a great networking experience with professionals from across the agricultural community who specialize in water law and beyond,” Pittman said. “Having leading experts like Ernest, Alyssa, and Emily discuss this unique aspect of water law gives attendees an opportunity to gain practical and legal perspectives on the evolving water landscape.”
The Western conference will feature 12 hours of continuing legal education, including two hours of ethics. It also offers continuing education from the American Society of Farm Managers and Rural Appraisers.
Registration, which includes a livestream option, and more information is available online at nationalaglawcenter.org/western2025.
About the speakers
Conant has more than four decades at the forefront of California water law. He previously served as regional director for the California-Great Basin Region of the U.S. Bureau of Reclamation.
“I look forward to discussing what California and other Western states have done to manage increasingly complex water projects,” said Conant. “While certain states may choose to implement water banking and leasing strategies to mitigate water challenges, it’s important to discuss how state-specific regulations and legal challenges factor into these moves.”
Moir regularly advises agricultural and energy clients on water rights and resource management, emphasizing the importance of legal foresight in structuring water banking agreements and transactions.
“Developing a successful water bank requires strategic planning to work within local, state and federal regulations,” she said. “In our session at the Western conference, we will discuss the essentials and lessons learned that stakeholders need to know when looking to use regulatory opportunities to create innovative water strategies in their own state.”
Earlier this year, Lewis presented an NALC "Western Water" webinar on how Utah has adapted its water law strategy to meet the state’s growing demands. At the Western, she will share further insight from her time on the Utah Water Banking Project.
“Water banking and water leasing offer win-win opportunities to meet critical water supply needs and support local agricultural communities,” Lewis said. “Many states have begun to use regulatory and contract tools to create innovative platforms to support water leasing. These platforms provide flexible tools for navigating the changing and complex water conditions.”
For information about the NALC, visit nationalaglawcenter.org. The NALC is also on X, Facebook and LinkedIn. The NALC also offers email communications regarding webinar announcements, quarterly newsletters, and The Feed newsletter.
About the National Agricultural Law Center
Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, agribusinesses, state and federal policymakers, lenders, Congressional staffers, attorneys, land grant universities, students, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen agriculture, communities, and families by connecting trusted research to the adoption of best practices. Through the Agricultural Experiment Station and the Cooperative Extension Service, the Division of Agriculture conducts research and extension work within the nation’s historic land grant education system.
The Division of Agriculture is one of 20 entities within the University of Arkansas System. It has offices in all 75 counties in Arkansas and faculty on three campuses.
The University of Arkansas System Division of Agriculture offers all its Extension and Research programs to all eligible persons without regard to race, color, sex, gender identity, sexual orientation, national origin, religion, age, disability, marital or veteran status, genetic information, or any other legally protected status, and is an Affirmative Action/Equal Opportunity Employer.
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Media contact:
Drew Viguet
Communications & Special Projects Coordinator
National Agricultural Law Center
dviguet@uark.edu