Dividing the Waters Annual Conference

Distinguished Faculty & Speakers:  The faculty will consist of scientists, water administrators, water lawyers and judges with wide-ranging experience in water litigation and management in the Western United States

• Hon. Kate Appleby, DTW Executive Chair, Utah Court of Appeals. Judge Kate Appleby, Executive Chair, has been a Convener since 2017. She was the trial judge for a general stream adjudication filed in 1936. In 2014, she was appointed to the Utah Court of Appeals, but after retiring in 2020, continues serving as a Senior Judge; she was elected Executive Chair of Dividing the Waters in 2024.  Judge Appleby earned a B.S. in Anthropology and an M.A. in Archeology from the University of Utah, then a J.D. from the University of Maryland Francis King Carey School of Law. Judge Kate Appleby joined the National Judicial College in 2022.
• Hon. John Thorson, Founder/Convener, Dividing the Waters. Judge John Thorson retired in 2008 as assistant chief administrative law judge with the California Public Utilities Commission (CPUC) in San Francisco, where he concentrated on water cases, adjudicatory matters, and alternative dispute resolution. He now serves as the federal water master for the Lummi Decree in Washington State and recently completed three years of service as chair of the Missouri River Recovery Implementation Committee (MRRIC), a 70-member sovereign-stakeholder congressionally authorized committee advising federal agencies on restoration of the nation’s longest river. For a decade, Judge Thorson was special master, appointed by the Arizona Supreme Court, to preside over that state’s general stream adjudications. He also served as counsel for the Western Governors’ Conference and executive director, Conference of Western Attorneys General. He received a J.D. degree from Boalt Hall, University of California at Berkeley, where he was an editor of the California Law Review, and a Ph.D. from the University of Southern California (USC). He is a member of the bars of four states and the U.S. Supreme Court bar. Judge Thorson has served as chair of the Water Resources Committee and publications officer of the ABA section of Environment, Energy and Resources. For four years, he served as section coordinator for Year in Review, an annual presentation of legal developments in environment, energy, and resources law. He is also co-founder/co-convener of Dividing the Waters, a National Judicial College program for state and federal judges involved in complex water litigation.
• Professor Robert T. Anderson, University of Washington. Professor Bob Anderson is a Professor of Law and Director of the Native American Law Center at the University of Washington, and is the Oneida Indian Nation Visiting Professor of Law at Harvard Law School, where he teaches annually.  He is a co-author and member of the Board of Editors of COHEN’S HANDBOOK OF FEDERAL INDIAN LAW (2005) and (2012).  He is a co-author of Anderson, Berger, Frickey, and Krakoff, AMERICAN INDIAN LAW: CASES AND COMMENTARY. He spent twelve years as a Staff Attorney for the Boulder–based Native American Rights Fund, where he litigated major cases involving Native American sovereignty and natural resources.  From 1995-2001, he served as a political appointee in the Clinton Administration under Interior Secretary Bruce Babbitt, providing legal and policy advice on a wide variety of Indian law and natural resource issues.
• Mr. Brian Anderson, Senior Hydrogeologist. Mr. Brian Anderson studied Engineering Geology at the University of California, Los Angeles, and Hydrogeology at the University of Nevada, Reno. He has worked on groundwater projects throughout California, Oregon, Washington, Nevada, and as far away as Mongolia. Mr. Anderson currently works for DOWL as a Senior Hydrogeologist, working with groundwater models to develop water resources for clients in both urban and rural areas.
• Hon. Shannon Bacon, New Mexico Supreme Court. Justice C. Shannon Bacon has been a Convener since 2019. Her water law experience includes being the Bernalillo County Water Judge and Middle Rio Grande Conservancy District Judge. She was appointed to the New Mexico Supreme Court in 2019 and was Chief Justice until spring 2024. Before that, she was a judge of the Second Judicial District Court, including serving as its Presiding Civil Judge. Bacon earned a B.A. in History as well as a J.D. from Creighton University. 
• Ms. Sarah Bates, University of Montana. Ms. Sarah Bates is a Senior Associate with the Center for Natural Resources and Environmental Policy at the University of Montana. She holds a J.D. from the University of Colorado School of Law (1988) and a B.S. in Wildlife Biology and Political Science from Colorado State University (1984). Ms. Bates has written extensively on natural resources policy and law, beginning with a book about western water policy co-authored with Marc Reisner in 1990. While serving as the Associate Director at the University of Colorado’s Natural Resources Law Center, she published three books, several law review articles, and numerous research reports and papers. She is a frequent speaker on western resource policy, with an emphasis on water law. Ms. Bates served on the advisory board of the William Ruckelshaus Institute of Environment and Natural Resources at the University of Wyoming from 2001- 2009, and currently serves on the board of directors of the Clark Fork Coalition. Ms. Bates is a member of the state bars of California and Montana, and is a fellow in the Rockefeller Foundation’s Next Generation Leadership Program, and is on the project team for the Carpe Diem Project on Water and Climate Change.
• Professor Reed D. Benson, University of New Mexico. Mr. Reed D. Benson is Professor Emeritus at the University of New Mexico School of Law, from which he retired in 2024.  At UNM, he served as Director of the Natural Resources and Environmental Law Program and taught courses on water law, natural resources, and administrative law.  Benson has published over forty articles on western water law and policy, and is the lead author of the Water Resource Management casebook.  He was a Fulbright Scholar in 2015, serving as Visiting Chair in Water and the Environment at the University of Lethbridge in Canada. Benson worked in private law practice, for the Environmental Protection Agency, and for conservation groups in Colorado and Oregon, then served six years on the University of Wyoming law faculty before joining UNM.  He received the Clyde O. Martz Award from the Foundation for Natural Resources and Energy Law in 2021, recognizing his career in teaching natural resources law. Reed Benson joined the National Judicial College faculty in 2025.
• Hon. Maria Berkenkotter, Colorado Supreme Court. Justice Maria E. Berkenkotter was sworn into the Colorado Supreme Court on January 4, 2021. Justice Berkenkotter was a District Court Judge in the Twentieth Judicial District for eleven years.  She was the Chief Judge of the Twentieth Judicial District for the last four years of that time. Prior to her appointment to the trial court bench, she ran the Antitrust, Consumer Protection, and Tobacco Litigation Units of the Colorado Attorney General’s Office. Justice Berkenkotter’s practice focused on national and local antitrust enforcement litigation. In addition to her interest in water law, Justice Berkenkotter is a thought leader and frequent speaker on the intersection of generative artificial intelligence and legal and judicial ethics.  She is the co-author of Generative AI, the Unauthorized Practice of Law, and Self-Represented Litigants, 53 Colo. Law. 40 (Dec. 2024), and Artificial Intelligence and Professional Conduct: Considering the Ethical Implications of Using Electronic Legal Assistants, Colo. Law. at 20 (Jan./Feb. 2024). Justice Berkenkotter joined NJC’s faculty in 2024.
• Hon. Stephen Brown, Montana Water Court. Judge Stephen Brown has been a Convener since 2024. He has been on the Montana Water Court since 2019 and is now its Chief Water Judge. The court has exclusive jurisdiction to adjudicate all water claims in Montana. Before his appointment to the Water Court, Judge Brown was in private practice with a focus on water and natural resources law. He earned a B.S. in geology from Whitworth College, then a J.D. from Lewis and Clark Law School. 
• Professor Michelle Bryan, University of Montana. Professor Michelle Bryan teaches in the law school’s Natural Resources & Environmental Law Program. Growing up in farming, ranching, and energy development communities in the West, Professor Bryan was drawn to the fields of natural resources and environmental law. Prior to joining the law faculty, she worked in private practice representing a variety of clients including local governments, private landowners, non-profits, developers, and affected neighbors and community groups. She brings this diversity of perspective to her scholarship and teaching. Outside of teaching, Professor Bryan served as a board member and past president of the Montana Justice Foundation and currently serves as a gubernatorial appointee on the Small Business Compliance Assistance Advisory Council, which helps Montana small businesses with environmental compliance. She enjoys fly fishing, camping, and exploring the vast spaces of the American West. Professor Bryan graduated from the University of Montana School of Law with high honors and served as an editor of the Montana Law Review. Before entering the legal profession, she was a policy specialist for the Montana Water Center in Bozeman, Montana.
• Professor Bonnie Colby, University of Arizona. Professor Bonnie Colby is a Professor at the University of Arizona, a faculty member since 1983. She works with tribal nations, federal agencies, urban and agricultural water districts, and conservation organizations to address conflicts over water and to protect communities and regional economies from the ravages of aridification and a shifting global economy. She has worked on over two dozen U.S. cases involving negotiating and litigating tribal rights, including landmark litigation in Big Horn and Arizona v. California. Colby’s work focuses on neuroscience insights that inform negotiation processes and innovative agreements to manage risk and to improve regional water supply reliability for tribes, cities, farms, industries, and ecosystems. Dr. Colby has authored over 100 journal articles and eight books, including Braving the Currents: Resolving Conflicts Over the Waters of the American West and Negotiating Tribal Water Rights. Dr. Colby has provided testimony to tribal councils, state legislatures, state and federal courts, and the U.S. Congress. She designs trainings on water negotiations for elected officials and public agency staff.
• Professor Barbara Cosens, University of Idaho. Professor Barbara Cosens is a University Distinguished Professor Emerita with the University of Idaho College of Law.  Her teaching and research expertise is in water law, the law-science interface, water governance, and water dispute resolution. She is co-author on a new casebook titled Water Law of the American West and is leading the effort to develop a similar textbook for graduate students. Prior to teaching, she served as lead negotiator for water rights negotiations between the Montana Reserved Water Rights Commission and the National Park Services, U.S. Fish and Wildlife Service, the Chippewa Cree Tribe of the Rocky Boy’s Reservation, the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, and the Blackfeet Tribe. She has published a book and numerous articles on the Columbia River Treaty and its review, and participated with the Universities Consortium on Columbia River Governance in facilitating public education, dialogue, and input to the Treaty review process. In retirement, she continues to provide public education and expertise on the Columbia River Treaty and the process of its modernization and consults as a mediator on water disputes, particularly disputes involving governments. Professor Barbara Cosens joined the National Judicial College faculty in 2025.
• Mr. Reed A. Cozens, PE, WRS, Senior Water Rights Specialist. Mr.  Reed Cozens is a Nevada-based professional engineer and water rights consultant with over 20 years of experience in the acquisition, management, and adjudication of water rights. He currently serves as Senior Water Rights Specialist at DOWL and is a licensed Professional Engineer and Water Rights Surveyor in the State of Nevada. Mr. Cozens’s work focuses on navigating Nevada’s complex water rights framework, with an emphasis on pre-statutory claims, historical adjudications, and regulatory compliance. He has provided strategic support to mining operations, municipalities, agricultural users, and conservation organizations across the state, and frequently collaborates with the Nevada Division of Water Resources on permitting, mapping, and proof filings. Mr. Cozens regularly presents to legal, judicial, and professional audiences on Nevada water law and adjudication procedures. He also serves as President of the Nevada Water Resources Association. Mr. Reed Cozens joined the National Judicial College faculty in 2025.
• Dr. Leif Fredrockson, University of Montana. Dr. Leif Fredrickson is the Public History Program Director in the History Department at the University of Montana. He received his Ph.D. in history from the University of Virginia. He teaches classes on environmental history, the history of technology, local history, and modern American history. With some other Missoulians, he writes and produces the history podcast Death in the West. He is currently working on a book about the history of lead poisoning. Abstract from his Master’s thesis, STILL BLUE: AN ENVIRONMENTAL HISTORY OF FLATHEAD LAKE (May 2010).
• Professor Dylan Hedden-Nicely, University of Idaho. Professor Dylan R. Hedden-Nicely, a citizen of the Cherokee Nation of Oklahoma, is Associate Dean and Professor of Law at the University of Idaho College of Law. Professor Hedden-Nicely graduated from the University of Idaho College of Law, magna cum laude, with an emphasis in Native American law, as well as in natural resources & environmental law.  Concurrently, Professor Hedden-Nicely earned a master’s degree in water resources (science & engineering).  While in private practice, he focused on litigation and negotiation of issues related to Native American natural resources and water rights. Professor Hedden-Nicely’s research interests include Native American natural resources and water law, tribal treaty rights, tribal civil and regulatory jurisdiction, water rights law, legal history and Constitutional law.  He continues to consult with tribes on issues related to Native American natural resources and water rights.
• Mr. James Lochhead, former CEO, Denver Water. Mr. James Lochhead served from 2010-2023 as the chief executive officer for Denver Water, the public utility providing water service to over 1.5 million customers in the Denver metropolitan area. Prior to his time at Denver Water, Jim managed a law practice concentrating on western water rights, interstate and international water matters, public lands, and natural resources, state and federal public policy, zoning, land use, and real estate development. Jim served under Governor Roy Romer as the executive director of the Colorado Department of Natural Resources. He also served as the governor’s representative on interstate Colorado River operations and Colorado’s Commissioner to the Upper Colorado River Commission. Mr. Lochhead is a recipient of the Water Leader of the Year award from the Colorado Water Congress, the President’s Award from the Colorado Foundation for Water Education, and the Del Hock Lifetime Achievement Award from the Denver Metro Chamber of Commerce.
• Mr. John N. Maclean, Author. Mr. John N. Maclean is an award-winning author and journalist. He spent thirty years at the Chicago Tribune, most of that time as a Washington correspondent, before taking up a second career as an author. Since then, he has written five nonfiction books about wildland fires—Fire on the Mountain, Fire and Ashes, The Thirtymile Fire, The Esperanza Fire, and River of Fire—that are considered a staple of fire literature as well as training material for firefighters. Home Waters: A Chronicle of Family and a River (2022) is Maclean’s sixth book. Mr. Maclean is the son of Norman Maclean, author of A River Runs through It, the acclaimed novella about life in early twentieth century Montana. “It’s a good thing to have a sense of place, and Montana more than any place is where my family has its roots,” Maclean says. “We’ve been tied there in one way or another for five generations and counting. I’ve fished the Blackfoot River, the river in my book title, throughout my life, as my father did before me, his father before him, and my sons do now.” Mr. Maclean was born in Chicago, in 1943.  John attended Shimer College in Mt. Carroll, Illinois, then a satellite school—the rural cousin—of the University of Chicago. He was later a Neiman Fellow in Journalism at Harvard University. Mr. Maclean went to work for the legendary City News Bureau of Chicago as a police reporter in 1964 and was hired by the Tribune the following year.  He went to Washington as a correspondent for the Tribune in 1970 and remained there for eighteen years, most of that time as diplomatic correspondent. He was a regular on the “Kissinger Shuttle,” covering many of the journeys abroad of Secretary of State Henry Kissinger. An avid fly-fisherman, Mr. Maclean divides his time between his residence in Washington, D.C., and the Maclean family cabin in Montana. John Maclean joined the National Judicial College faculty in 2025.
• Hon. Jennifer A. Mabey (Brown), Utah Fourth District Court. Judge Jennifer A. Mabey (Brown) was appointed to the Fourth District Court in December 2014 by Governor Gary Herbert. She serves Juab, Millard, Utah, and Wasatch counties. Prior to her judicial appointment, Judge Mabey was a partner with Tesch Law Offices in Park City. She also practiced law as both corporate in-house counsel and associate at various law firms in Salt Lake City. Judge Mabey received a Juris Doctor degree from Brigham Young University’s J. Reuben Clark Law School.
• Hon. Laura C. Makar, Colorado Water Judge. Judge Laura C. Makar is the Colorado Division 5 Water Judge and a District Court Judge for the 9th Judicial District of Colorado. Prior to her appointment to the bench, she was in private practice in Aspen, Colorado, predominantly practicing water law, and then Deputy County Attorney for Pitkin County, Colorado. Judge Makar enjoys hiking, biking, and skiing in the Elk Mountains with her husband and very large dogs. When not at the courthouse, she is usually found in her high alpine garden located above beaver ponds on the eponymously named Brush Creek.
• Mr. Clayton Matt, former Director of Tribal Resource Management, Confederated Salish and Kootenai Tribes. Mr. Clayton Matt is a member of the Confederated Salish and Kootenai Tribes (CSKT), Flathead Reservation, Montana.  He retired from the CSKT as the Director of Tribal Resource Management in 2023, which oversaw six Tribal Departments.  Mr. Matt has participated in various boards and commissions, including the Flathead Basin Commission, the Roundtable on the Crown of the Continent, and the National Advisory Council on Environmental Policy and Technology (NACEPT), an EPA commission.  He served for ten years on the CSKT Appellate Court.    Prior to being appointed as the Director of Tribal Services, he was the Department Head for the Natural Resource Department.  He has held previous positions, including Water Administration Program Manager, Environmental Division Manager, and the Water Rights Division Manager for the CSKT.  Mr. Matt has been involved in water rights since 1982.  He was the spokesperson for the Tribal water rights team.  In 1995, he received a Master of Science in Water Resource Administration from the University of Arizona, Department of Hydrology.  He is the current Chair of the Flathead Reservation Water Management Board.
• Mr. Todd Netto, Montana Department of Natural Resources and Conservation. Mr. Todd Netto is a Bureau Chief for the Montana Department of Natural Resources and Conservation (DNRC). He leads the Adjudication, Enforcement, and Distribution Bureau within the DNRC’s Water Resources Division. The DNRC is statutorily required to provide technical assistance to the Water Court for the adjudication of claims of existing water rights in Montana. Mr. Netto started his career 12 years ago as a Water Resource Specialist working on the Department’s role in the adjudication process and now leads the Department’s efforts.
• Hon. Ronald Robie, California Court of Appeal. Justice Ronald Robie has served on the California Third District Court of Appeals since 2001 and as a DTW co-convener since 2004. Prior to his long service as an appellate and trial court judge, he enjoyed a distinguished career as a California water leader, starting as the first State Assembly committee consultant on water. Justice Robie went on to serve as a member of the State Water Resources Control Board and director of the Department of Water Resources. Justice Robie has taught and written about water law for much of his career as a jurist.
• Hon. John Schlegelmilch, Nevada, Third Judicial District Court. Judge John Schlegelmilch has been a Convener on DTW since 2020. He began his legal career as a Lyon County, Nevada, Deputy District Attorney, followed by private practice in Yerington, Nevada. Schlegelmilch was elected to the Third Judicial District Court and took office in January 2015. He graduated from the University of Nevada with a dual B.A. degree in Speech Communication and Political Science; he earned his J.D. from Willamette University College of Law. He served on Nevada’s Water Judge Commission and became one of the State’s first District Water Judges.
• Hon. Debra Stephens, WA Supreme Court. Justice Debra J. Stephens has been a Convener since 2015. She is a Washington State Supreme Court Justice who promotes science training for judges and has participated in several critical water decisions, on topics ranging from municipal water law to instream flows and tribal water rights. Before her election to the Supreme Court, Justice Stephens served on the Court of Appeals in Spokane. She received her undergraduate degree in Philosophy, along with a concentration in International Studies, and then a J.D. from Gonzaga University.
• Hon. James Wechsler, New Mexico Court of Appeals. Judge James Wechsler served as a judge on the New Mexico Court of Appeals for 22 years. He was designated as presiding judge in five New Mexico stream system adjudications in 2009 and, after retiring from the Court of Appeals in 2017, has continued to preside over the adjudications.
• Hon. Jay Weiner, Administrative Law Judge, Montana Department of Natural Resources and Conservation. Judge Jay Weiner has served as an administrative law judge with the Montana Department of Natural Resources and Conservation since 2019, hearing administrative appeals of water rights permit and change decisions. Prior to becoming an ALJ, Jay served for 11 years as an Assistant Attorney General in the Montana Attorney General’s Office handling predominantly water and natural resources cases. He also spent nine years as a staff attorney for the Montana Reserved Water Rights Compact Commission. In his private capacity, he is of counsel to the firm Rosette LLP and represents various Indian tribes in Arizona, California, Oregon, and Washington on water and other natural resources matters. After law school, Jay spent three years clerking for the Hon. Charles C. Lovell of the federal district court for the District of Montana, and a year as court counsel for the Supreme Court of the Republic of Palau.
• Hon. Madeleine C. Weisz, Senior Water Master, Montana Water Court. Judge Madeleine Weisz is a senior water master for the Montana Water Court. She joined the bench in 2014. The Water Court has exclusive jurisdiction over the adjudication of water rights claims, including within the state and Indian and Federal reserved water rights claims. The Court is divided into four water divisions formed by the natural boundaries between drainages and the state’s borders. They include the Yellowstone River Basin, the Upper Missouri River Basin, the Lower Missouri River Basin, and the Clark Fork River Basin. Judge Weisz received a B.S. in economics from Montana State University-Bozeman. She then completed a J.D. at the University of California Davis School of Law in 2014. While a law student, Judge Weisz served as a student extern for the United States Attorney’s Office in Boise, Idaho.
• Hon. Eric Wildman, Water Judge, Idaho District Court. Judge Eric Wildman serves as the presiding water judge for the state of Idaho Snake River Basin Adjudication (SRBA) court following his gubernatorial appointment in 2010. The court is dedicated to resolving and defining water rights ownership and entitlement claims. Previously, Judge Wildman was in private practice before joining the SRBA as a staff attorney. The SRBA is the largest water adjudication in the history of the state of Idaho, covering all the water that begins in Yellowstone National Park, stretches west to the Oregon border and north to Clearwater County. After completion of the SRBA (2014), Judge Wildman continues to preside over five other general adjudications throughout the state of Idaho, as well as other water resource and district court cases. Judge Eric Wildman joined the National Judicial College in 2010.
• Professor Sandra B. Zellmer, University of Montana. Professor Sandra B. Zellmer is a Professor and the Director of Natural Resources Law Clinics at the University of Montana School of Law, where she teaches public lands, natural resources, wildlife law, water law, and related courses. Professor Zellmer has published several casebooks and other books, book chapters, and dozens of law review articles, including one chosen by peer reviewers as a Top 10 environmental article of 2024. She was awarded the Clyde O. Martz distinguished teaching award in 2023, and also received Fulbright Specialist status in 2021 and a Fulbright project award with the University of Calgary Faculty of Law in 2022. Before teaching, she was a trial attorney at the U.S. Department of Justice Environment and Natural Resources Division. She also practiced law in Minneapolis, Minnesota, and clerked for the Honorable William W. Justice, U.S. District Court, Eastern District of Texas. Professor Sandra Zellmer joined the National Judicial College faculty in 2025.
• Hon. Sherri Zendri, Special Master, Arizona Water Court. Honorable Sherri L. Zendri has been a Convener since 2024. She is based in Phoenix, Arizona, and is the Arizona Special Water Master assigned to the General Stream Adjudication for both the Gila and Little Colorado River Basins. Judge Zendri has extensive experience in natural resources work, including serving as Regional Compliance Manager and later as Administrative Counsel, for the Arizona Department of Environmental Quality. She earned a B.S. in Geology with a minor in Marine Sciences from Pennsylvania State University, an M.P.A. from Arizona State University, and a J.D. from the University of Arizona. Judge Sherri Zendri joined the National Judicial College faculty in 2025.
• Ms. Laura S. Ziemer, Partner, Culp & Kelly. Ms. Laura Ziemer is a nationally recognized expert in Western water law and policy, with experience as an environmental lawyer spanning more than three decades. Her areas of expertise beyond water law include administrative law and permitting, NEPA compliance and review, NGO program development, tribal reserved water rights, and a broad range of public and private land management and restoration experience. Ms. Ziemer’s work includes building and executing strategic campaigns to drive change across legislative, regulatory, and administrative arenas, including work in sustainable groundwater management, recognition and protection of instream water use, water rights transactions, and new funding and authorities for watershed restoration.