Education | | 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 |
|
Admitted | | California | | Nevada | | Colorado | | U.S. District Court, Central District of California | | U.S. District Court, Eastern District of California | | U.S. District Court, District of Nevada |
|
Memberships | 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 |
|
| Representative Matters | | 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. | Related People: Bradley J. Herrema, Gary M. Kvistad
| | 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. | Related People: Gary M. Kvistad, Eric Berg
| | 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. | Related People: Gary M. Kvistad, Hubert A. Farbes, Jr.
| | 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. | Related People: Gary M. Kvistad, Chris Frahm
| | 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. | Related People: Gary M. Kvistad, Diane C. De Felice, Bradley J. Herrema
| | Represented a water and sewer district in the condemnation of 1,400 acres of land and 2,300 acre-feet of surface water rights on a river for use in connection with the district's recycled water operations. Condemnation was commenced in Federal Court after pre-condemnation negotiations did not result in an amicable purchase. | Related People: Gary M. Kvistad, Eric Berg
| | Advised a major California city on reorganization of its water, wastewater and solid waste utilities, including evaluation of dependent and independent special district, privatization and public-private partnership options and financing. Legal services were provided in conjunction with financial consultants to advise the city on developing an option to meet its short and long term financial goals and commitments. | Related People: Gary M. Kvistad, C. Wesley Strickland, Amy M. Steinfeld
| | Represented a town with substantial groundwater rights in Nevada's Carson River Valley with regard to water rights litigation commenced by the Pyramid Lake Paiute Tribe of Indians. Litigation included challenges to State Engineer rulings on water right change applications for new development. Cases were filed in both federal district and state district courts and involved issues of jurisdiction and venue in addition to substantive water law. Appeals were filed by the Tribe in the Ninth Circuit Court of Appeals and the Nevada Supreme Court. | Related People: Bradley J. Herrema, Gary M. Kvistad, Geoffrey M. Williamson
| | Provided legal services to the Central Coast Water Authority for all phases of planning, permitting, environmental compliance, right-of-way acquisition, construction and operation related to a $600 million drinking water delivery system. The project included 150 miles of pipeline, multiple pumping stations and a water treatment plant. Resolved construction disputes by negotiation and successfully defended the Authority in related litigation. | Related People: Steven A. Amerikaner, Gary M. Kvistad, Susan F. Petrovich
| | Represented a public utility district in federal district court in an action commenced by the Forest Service against multiple parties regarding ground and groundwater contamination stemming from the contribution of waste, location of a district wastewater pipeline, and improper operation and closure of a landfill. The case was successfully resolved in the district's favor by entering into a consent decree and settlement agreement, neither of which required payment by the district. The district’s legal costs were fully paid as a result of our identifying and obtaining insurance coverage. | Related People: Gary M. Kvistad
|
|
| |
|
|
|
© 2013. Brownstein Hyatt Farber Schreck, LLP. All Rights Reserved. Attorney Advertisement. |