Background
More than 30 years as a leading water rights attorney. Helps public agencies and private interests maximize opportunity and mitigate risk when securing water rights. Licensed architect.
Gary Kvistad helps clients secure groundwater and surface water rights. Once secured, he ensures they remain in compliance with federal and state environmental laws and regulations. He brings an on-the-ground understanding—garnered through three decades of experience—of the legal, regulatory and practical aspects surrounding water rights in water scarce regions. As competition amplifies for water resources, Gary draws on this robust experience to successfully guide clients through the increasingly complex process of securing and maintaining water rights. He brings a unique building industry perspective as a licensed architect to help clients efficiently manage all aspects of water and wastewater infrastructure development and construction.
Clients—public agencies, water purveyors, agricultural entities and developers, to name a few—rely on Gary as general and special counsel. From negotiating water-related agreements and cooperative arrangements to managing settlements and dispute resolution, he helps clients achieve optimal outcomes. Skilled at navigating environmental issues, Gary frequently advises clients on the development and implementation of sustainable groundwater plans in compliance with California’s Sustainable Groundwater Management Act (SGMA). He also advises on issues related to the National Environmental Quality Act (NEPA) the California Environmental Protection (CEQA) the Clean Water Act (CWA), Endangered Species Act (ESA) and other federal and state environmental laws and regulations.
Representative Matters
- 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.
Insights & Publications
Insights & Publications
News
News
Credentials
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
Admissions
- California, 1985
- Nevada, 2005
- Colorado, 1985
- 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
California Special Districts Association
Desert Research Institute Research Foundation
American Ground Water Trust
