Water Rights Services

: Water Rights Law in California :

waterrightsSmithTrager's water law engagements include matters involving

  • Water resources analysis and management
  • Strategic water and land use planning and permitting
  • Water rights transactions
  • Regulatory compliance
  • Litigation of water rights

Our extensive experience in water law and natural resources includes traditional and new water law issues, rangeland and watershed management and intergovernmental agreements.

Traditional Water Law Issues

  • Evaluating, defending, perfecting, transferring and challenging water rights
    • Advising cities, counties, special districts and private parties on the nature of their water rights
    • Protecting and perfecting water rights
    • Maximizing the use and value of water righ
  • Long term, local, regional and integrated water resources planning for supply and demand.
  • Establishing and working with multi disciplinary teams
    • Engineers
    • Biologists
    • Public outreach professionals
    • Legislative advocates
  • Developing strategies for acquiring water and water rights, satisfying regulatory requirements and meeting contractual obligations in a cost effective manner.
  • Representing and advising clients in water resources management disputes and watermaster proceedings, before administrative agencies and political bodies and in all state and federal courts.

New Water Law Issues

  • Advising developers, cities, agricultural businesses, water purveyors and resource associations in connection with managing local, reclaimed and imported water resources, including the cleanup of contaminated groundwater resources, and the permitting, sale and transfer of recycled water with the goal of increasing water supplies by maximizing efficient use.
  • Providing legal opinions on the status of water rights and analyzing the availability of water resources in connection with due diligence analyses and water resources management plans.
  • Developing strategies for both public agencies and future customers for compliance with the water supply assessment requirements of SB 221 and SB 610 and of CEQA.
  • Participating in habitat protection proceedings on behalf of water management agencies.
  • Processing applications to appropriate natural stream flows and treated wastewater on behalf of municipalities, private landowners and developers.
  • Preparing and filing statements of water use on behalf of surface water and groundwater rights holders.

Intergovernmental Agreements

  • Extensive intergovernmental negotiations on behalf of special districts and municipal law cities
    • Development agreements
    • Agreements involving landfills
    • Right-of-way agreements
    • Agreements involving replacement water, groundwater cleanup and ground leasing matters.

Representative Water Law Matters

  • Represented a cemetery on matters before the local watermaster, in complying with orders of the Los Angeles Regional Water Quality Control Board (LARWQCB), and in negotiating long-term contracts with the local sanitation district for recycled water.
  • Served as special counsel to a 100,000+ population city in San Bernardino County for all water matters, including investigation and enforcement of its water rights and in overseeing the cleanup of a plume of contamination in an adjudicated groundwater basin representing the city's most important source of potable water.
  • Negotiated groundwater management plans and in lieu water agreements with Metropolitan Water District of Southern California (MWD) on behalf of many property owners affected by the Diamond Valley Reservoir in Riverside County.
  • Assisted an investment fund in conducting due diligence on water issues for a proposed residential development in Merced County, involving farm land subject to the Reclamation Reform Act and analysis of issues raised by the pending expiration of the Bureau of Reclamation water supply contracts.
  • Assisted an Imperial County grower in obtaining irrigation water from the Colorado River, including obtaining a U.S. Solicitor's Opinion supporting the grant of right-of-way across federal land to enable the client to lay pipe; and in its annexation proceedings to the Imperial Irrigation District.
  • Represented a landowner in litigation on the issue of whether an agency agreement entered into between the water district and the landowner's predecessor-in-interest extinguished the landowner's overlying right.
  • Assisted in the preparation of a master plan of water, wastewater and recycled water service, intended to serve as a road map for converting the district from an agricultural district to one serving potable water for residential use, including assistance in the preparation of an environmental impact report for the master plan analyzing the environmental impacts of the implementation of the master plan, including the possibility of providing for residential growth greater than contemplated by the county's existing and proposed general plans and addressing impacts associated with greenhouse gas emissions.
  • Assisted a rural golf course owner in obtaining the permits to rebuild a collapsed dam and associated water diversion, line the ditch carrying the diverted water, and market the conserved water for sale.