Russell McGlothlin is a Shareholder in Brownstein Hyatt Farber Schreck's Santa Barbara office and a member of the firm’s Natural Resources Department. Russell possesses extensive experience concerning water use and management in California and the western United States, including water right permitting and adjudication, water transfers, conjunctive water use, water quality, and reclamation. In addition to his water practice, he has significant experience concerning regulated utilities, energy, land use, real estate, local government, and environmental matters, including CEQA and ESA compliance. He represents private companies, municipalities, special districts, and individual landowners with transactional negotiations, litigation, and administrative agency proceedings.

This past year, Russell participated in a small group of lawyers and other policy specialists, convened by the Association of California Water Agencies, to develop historic legislation recently enacted to reform California groundwater law. He also frequently publishes and speaks on water law topics. Particularly notable publications include a recent journal article published in the Denver Water Law Review titled “No Fictions Required: Assessing the Public Trust Doctrine in Pursuit of Balanced Water Management,” and authorship of two chapters of the Groundwater Resources Association’s handbook, “California Groundwater Management.” He is also member of the Council of Legal Advisors to the Bren School of Environmental Science & Management at the University of California at Santa Barbara.

Representative Matters
  • Drafted joint powers agreement and oversaw the formation of a joint powers authority comprised of the six cities of the Monterey Peninsula. Presently represent the authority as special counsel before the California Public Utilities Commission with respect to a comprehensive replacement water supply project that includes a large desalination plant and potential advanced-treated reclaimed water and groundwater replenishment project. Further representation includes matters before the State Water Resources Control Board concerning compliance with a cease and desist order pertaining to the community's water supply and other related water matters.

  • Water rights counsel to association comprised of all agricultural groundwater producers from the Santa Paula Groundwater Basin in Ventura County. Representation has included development of original stipulated judgment adjudicating basin water rights, subsequent amendment of the adjudication judgment, and related matters pertaining to the use and management of basin resources under the judgment.

  • Water Rights counsel to publically-traded agricultural firm with properties located throughout the western United States. Representation includes counsel on perfection and protection of water rights, water markets, development matters, and related matters.

  • General counsel to large agricultural mutual water company in Ventura County. Representation includes water rights, infrastructure development, and corporate matters.

  • Obtained reversal in full of two separate, but related trial court decisions denying motions to amend judgments governing the West Coast and Central groundwater basins, which provide local water supplies to the millions of people living and working in the greater Los Angeles region. The motions seek to provide for the conjunctive use and management of the basins, including procedures for use of the basins' available storage space. (Hillside Memorial Park and Mortuary v. Golden State Water Co. (2011) 199 Cal.App.4th 658 (review denied); Water Replenishment Dist. of Southern Cal. v. City of Cerritos (2012) 202 Cal.App.4th 1063 (review denied).)

  • Hearing before the State Water Resources Control Board concerning a draft Cease and Desist Order limiting diversions from the Carmel River.

  • Co-trial counsel for one of California’s largest shareholder-owned public water suppliers in complex litigation to adjudicate and control the water resources in the Santa Maria groundwater basin. The case involved more than 1,000 parties who rely on local water resources and two federally-owned reservoirs. After eight years of litigation, the case was resolved through a settlement stipulation among the vast majority of the parties, thereby providing legal certainty with respect to the use and management of the resource. Litigation continues among a small minority of the remaining parties.

  • Water rights counsel for a national land developer/home builder with respect to the water supply components of a proposed 5,000 home residential and commercial development in southern California. The project raised numerous water supply and water quality issues, including groundwater storage, replenishment and development, water transfers, conjunctive use, water re-use, flood protection and stormwater management.

  • Land use due diligence for acquisition of a 780-acre ranch in the Santa Barbara foothills, and subsequent advice on land use and natural resource issues.

  • Represented the buyer in providing land use due diligence for the acquisition of a 550-acre ranch in the Santa Barbara County foothills.

News & Events
Community

Liaison to the Bren School of Environmental Science & Management, U.C.S.B.; Member of Bren's Council of Legal Advisors

Publications & Presentations
Brownstein Water Blog

Brownstein Water: Current Trends in Water Law & Policy
Visit water.bhfs.com for commentary and analysis of timely water law and policy issues. 

Prop 1 Allocates $100M for Local Agencies to Develop & Implement Groundwater Management Plans

Posted on February 11, 2015 by Brownstein Water Group

On February 10, 2015, the California Natural Resources Agency released a draft schedule of benchmarks to be achieved in the first year of the ten year expenditure period of the Water Bond (Proposition 1). As draft guidelines for grants funded by the Water Bond are available, they will be posted on the Bond Accountability website, … Continue Reading »

 

GROUNDWATER REGULATION ON THE RISE AS COUNTIES GEAR UP TO MEET SUSTAINABLE MANAGEMENT REQUIREMENTS 

Posted on February 2, 2015 by Brownstein Water Group

The enactment of the Sustainable Groundwater Management Act (SGMA), in conjunction with increasing concern over drought impacts on groundwater supplies, has set the stage for several California counties’ recent adoption of expansive groundwater ordinances, regulating groundwater use to an extent not previously seen. California cities and counties are vested with an array of options for … Continue Reading »

 

BROWNSTEIN’S ANNUAL WATER RIGHTS COMPLIANCE CHECKLIST FOR 2015

Posted on December 19, 2014 by Brownstein Water Group

Annually, we provide clients and friends with our summary of California water rights reporting requirements and applicable deadlines. Our 2015 Water Rights Compliance Checklist is linked below for your reference and use. California Water Rights Compliance Checklist for 2015 Importantly, review the NEW reporting requirements we have identified for California groundwater users. As a result of … Continue Reading »

 

Education
  • J.D., 2000, with honors, University of Michigan Law School
  • B.A., 1994, with honors, University of Oregon
Admissions
  • California, 2000
Recognition
Top 40 Under 40, Pacific Coast Business Times
attorney-5950