Gary M. Kvistad

Represented a water district to secure surface water rights to Lake Tahoe after its application was placed on hold for decades pending negotiation and execution of the Truckee River Operating Agreement. Gary worked with consultants to validate the future water demands at buildout in order to support the desired quantity of surface water and processed the application before the State Water Resources Control Board. The new surface water supplies will enable the water district to augment its groundwater supplies, some of which are threatened by contamination.

Protested a city’s petition before the State Water Resources Control Board regarding the city’s attempt to change points of diversion in a river that would have adversely affected a water district. Negotiated a settlement agreement to resolve the dispute, which then allowed the water district to work cooperatively with the city in order for it to obtain additional surface water supplies.

A native American tribe sought to outright curtail or severely limit a Nevada city’s utilization of its extensive groundwater rights in order to increase water flows to a river that flowed onto BIA lands occupied by the tribe. He successfully defended the city’s water rights in multiple federal and state court cases brought by the tribe.

Provided legal services to a public authority for all phases of planning, permitting, environmental compliance, right-of-way acquisition, construction and operation related to the State Water Project water delivery system to the California central coast. The project included 150 miles of pipeline, multiple pumping stations and a water treatment plant. Construction disputes were successfully resolved by negotiation, with one dispute being defended in court.

Advised a major California city on the development of a new city center project for its municipal offices and related public facilities utilizing a public-private partnership model. Worked closely with development and financial consultants to develop a framework that responded to the city’s cost constraints and overcame tax hurdles to meet the city’s goals and timing. Services included drafting special legislation for authorization, development of performance criteria and request for proposal, and selection of the preferred proposer.

A utility district was sued among other parties for contamination emanating from a landfill located on Federal lands under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). After identifying and securing insurance coverage, we successfully defended the utility district, who was dismissed from the lawsuit before trial, resulting in no cost to the district.

Advised a wastewater district on the feasibility, development and construction of a solar project to supply a significant portion of the district energy needs for its wastewater treatment plant. Services included development of an RFP, proposer selection, negotiation and preparation of a power purchase agreement, license agreement, interconnection agreement and related services.