Natural Resources

When the Department of Natural Resources, Colorado Water Conservation Board, Denver Water and Greenway Foundation signed an agreement for a reallocation of water to an environmental pool at Chatfield Reservoir, it was the culmination of more than a decade of work to address water scarcity in Colorado. The Brownstein team was critical to making this happen handling all of the complex natural resource issues that arose throughout the course of the project. Designed to store water which can be released as needed, the Chatfield environmental pool will provide multiple benefits to the Denver metro area. From enhancing recreational opportunities and improving water quality to providing additional stream flow to support agricultural needs, the Chatfield environmental pool is a critical step in securing Colorado’s future water resources.

A trusted advisor to the San Diego County Water Authority for more than two decades, we handle all Colorado River and Metropolitan Water District of Southern California (MWD) matters, serving as special counsel on program, strategy and rate litigation issues. Our unmatched understanding of the complexities of this client and its business positioned our team to deliver a significant victory for the Water Authority in 2020 when a San Francisco Superior Court awarded $44.4 million in a final judgment for two cases covering 2011-2014 rates paid by San Diego County ratepayers. The case rectified improper charges—which had they continued, would have cost San Diego County residents more than $500 million. The judgment also awarded a 100,000 acre-feet per year increase in the Water Authority’s preferential right to MWD water.

Blue Forest is a mission-driven, non-profit organization building diverse partnerships and harnessing financial innovation to design sustainable solutions to systemic climate resilience challenges faced by vulnerable communities. Brownstein stepped in to help Blue Forest advance the Forest Resilience Bond, which deploys private capital to finance forest restoration projects on private and public lands that reduce the risk of catastrophic wildfire and enhance landscape resilience. Our team helped bring private capital to restore our nation’s forests by providing counsel on U.S. Forest Service partnership models, state and federal environmental laws pertaining to the management of public and private forests, water law and other legal issues.

White Buffalo Land Trust, a nonprofit organization dedicated to the practice, development and growth of regenerative agriculture, is in the process of acquiring the 1,000 acre Jalama Canyon Ranch outside of Lompoc, California. Jalama Canyon Ranch will model regenerative agriculture at scale in a financially viable way while also serving as a center for education and training and scientific research. A team of Brownstein attorneys is providing pro bono legal counsel to White Buffalo Land Trust to help them make their dream a reality. Currently, the Brownstein team is leading pro bono due diligence including the preparation of an Agricultural Subdivision Potential Analysis under the County’s requirements to support a conservation easement valuation.

A complex challenge with a tight timeline didn’t stop us. In fact, that’s when we’re at our best. Brownstein’s mining team steered the development of one of the newest potash mining projects in the country. Despite numerous obstacles, we skillfully navigated a multi-year NEPA and the Endangered Species Act permitting process and helped to obtain all necessary federal, state and local permits. We also aided in acquiring an adequate water supply by securing a deep, non-potable water easement from the New Mexico State Land Office allowing for the operation of a water-intensive milling process. This water easement became even more valuable when the state land commissioner ordered that no fresh water could be used for oil and gas operations in the future.

Strong, lasting relationships are a cornerstone of our firm. For example, for nearly a decade, we’ve worked with the Blackfeet Nation providing federal government relations advocacy with a focus on securing and maintaining safe water resources for the tribe. Our successful representation in the Blackfeet Water Rights Settlement Act in 2016 authorized over $420 million in federal funding for the tribe’s water-related infrastructure projects. We continue to advocate on behalf of Blackfeet Nation in connection with the implementation of its water settlement with the United States and state of Montana. Our work also includes providing counsel on the Clean Water Act and Safe Drinking Water Act for its public water system infrastructure.

The 2003 Quantification Settlement Agreement (QSA) was the cornerstone of a Colorado River Basin states water supply solution, giving California the ability to implement major Colorado River water transfers and allowing the state to live within its 4.4 million acre-foot basic annual water apportionment. Given historical disputes between diverse parties and what was at stake, a decade of litigation followed. The San Diego County Water Authority relied on Brownstein’s natural resources team during the initial negotiation of QSA and it later led the defense of QSA in litigation, ultimately securing a momentous victory for California—validation of QSA and its 11 related agreements and successful defense of all outstanding legal challenges. For San Diego County, the stakes were particularly important: providing long-term water security for the region’s $245 billion economy and quality of life for its 3.3 million residents.

For decades, the City of Thornton, Colorado tried to secure access to water shares it purchased which originate from the Cache la Poudre River. Without it, the fast-growing city is unable to proceed with long-planned residential growth and address significant water quality challenges. After a portion of the original pipeline development plans were denied, Brownstein was retained to help secure the necessary permits. Through a local government permitting process, our Real Estate team gained unanimous approval from county officials to transport the water resources through a critical 10-mile segment of the pipeline. Thornton can now complete construction of the 70-mile water pipeline to convey 14,000 acre-feet of water from the Poudre River. Once fully operational, the pipeline will support new development that will help address Colorado’s ongoing housing shortage and create jobs. Photo credit: Helene McVey

American Indian Health & Services (AIHS) recently became the first Urban Indian Health Program in the country to purchase excess land from the federal government. For over six years, Brownstein’s team supported AIHS, a non-profit community clinic that has operated in Santa Barbara for the last 30 years, to acquire the land and get the local entitlements to rehabilitate a historic armory building into a modern clinic. Drawing on our deep knowledge of CEQA, NEPA, land use and real estate, the Brownstein team negotiated the real estate transaction with two federal agencies—General Services Administration and Indian Health Services. Our team attained a critical rezone of the site, which was unanimously approved by the Santa Barbara City Council in December 2023.