|J.D., 1984, University of Denver Sturm College of Law|
|B.A., 1975, Washington State University, Architecture|
|B.A., 1975, Washington State University, Construction Management|
|U.S. District Court, Central District of California|
|U.S. District Court, Eastern District of California|
|U.S. District Court, District of Nevada|
State Bar of California
Colorado Bar Association
Nevada Bar Association
Association of California Water Agencies
Groundwater Resources Association
Nevada Water Resources Association
California Association of Sanitation Agencies
American Ground Water Trust
Desert Research Institute Research Foundation
Gary's practice focuses on the representation of public and private clients relating to water, recycled water, wastewater, associated environmental issues, and public agency law in the western United States. In the water arena, Gary represents clients with respect to: groundwater and surface water rights; recycled water planning, distribution and use; stormwater permitting; wastewater collection, treatment, and disposal; groundwater storage; water exchanges; and water transfers. He has extensive experience in negotiating a wide variety of water related agreements, cooperative arrangements, disputes and settlements. Gary also serves as general and special counsel to numerous public and private clients.
Gary's water practice routinely includes representation of clients with respect to environmental issues involving the National Environmental Quality Act (NEPA), the California Environmental Protection Act (CEQA), the Clean Water Act (CWA), Endangered Species Act (ESA), as well as other federal and state environmental laws and regulations. He has represented clients with respect to groundwater contamination involving such contaminates as MTBE, VOC and PCE. He is experienced in CERCLA cost recovery actions such as contamination emanating from landfills, administrative proceedings relating to water rights and public trust resources and endangered species under the Endangered Species Act.
In connection with his water practice, Gary also represents public agency clients on matters concerning public contracting, construction contracting, contract compliance and risk management with respect to infrastructure projects. He also advises public clients on conflicts of interest, public records disclosures, open meeting laws, and litigation planning and management. He regularly represents public agencies with respect to disputes, joint powers authorities, business transactions and the development of strategic planning to maximize opportunities while minimizing risks. Gary is skilled in negotiating and preparing a wide variety of agreements routinely encountered by public agencies and private clients doing business with public agencies.
|In two separate cases approved changes to Carson River water rights, pursuant to United States v. Alpine Land & Reservoir Company. Both cases included approvals to points of diversion, manner of use and place of use for decreed water rights.|
|Represented a public utility district in federal district court to acquire property and water rights for use by the district for its recycled water operations. The district required additional property and water rights for use in conjunction with land application of recycled water from its wastewater operations and for recreational and agricultural purposes.|
|Development of a process and framework to select a zero emissions technology for subsequent preparation of a RFQ/RFP to implement an environmentally friendly system to move shipping containers from the ports’ docks to railroad distribution yards. Advised the ports concerning selection of procurement frameworks, public contracting, public relations, public records and confidential information.|
|A district encountered a dispute with a Local Agency Formation Commission regarding jurisdiction over annexations and the district's provision of additional latent services. The District and LAFCO agreed to resolve their dispute through the introduction of legislation rather than resorting to litigation. Services included drafting special state legislation, working with legislative consultants for the assemble and senate and lobbying services.|
|Represented the District before the California State Water Resources Control Board (SWRCB), regarding renewal of water right permits for a USBR owned reservoir and before the National Marine Fisheries Service with respect to Endangered Species Act compliance for listed steelhead. Representation included coordination with USBR, who holds the water right permits, and other project members holding water right entitlements in the reservoir for environmental compliance with CEQA, development of a biological assessment and biological opinion, and protection of downstream water rights interests.|
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