Water
Innovative solutions to water supply and quality issues
From water strategy, to rights to new regulation. From supply to usage. From water quality, to litigation to policy. At Brownstein, we’ve worked on high-stakes, precedent-setting water issues involving a huge spectrum of legal issues. With a track record that includes some of the most complex projects in the nation and senior leadership that averages 20 years of industry experience, we handle the most complicated water resources challenges.
How do we do it? We keep our finger on the pulse of the ever-changing water landscape—not only in the know about evolving regulations, but often involved in the policy development process itself. We leverage our history as former leaders of energy and environmental agencies—providing a unique perspective and the critical connections that give you an edge. And we apply a distinctive multidisciplinary approach—leveraging our experience across different sectors and arenas to generate results. At Brownstein, these strengths empower us to deliver novel solutions at the forefront of industry trends and regulation.
Water industry experience
Issues we handle
- Water rights and water supply
- Regulatory compliance
- Due diligence
- Groundwater management
- Water transactions (buy, sell, transfer and exchange water supplies and water rights)
- Supply strategy and diversification
- Litigation
- Government relations
- Infrastructure
- Entitlement and development
- Water quality
- Project management
Clients we represent
- Water users and rights holders:
- Agricultural interests and vineyards
- Ranchers
- Large landowners
- Private companies and industrial users
- Recreational water users
- Real estate and land developers
- Investors and financial institutions
- Water-related public policy organizations
- Public and private water producers, suppliers and providers, including:
- Municipalities
- Wholesale and retail water agencies
- Public utilities
- Private water companies
Water Industry Leadership
Founded in 2017, Brownstein hosts the H2O Women Conference, a professional conference and retreat that brings together and showcases leading women professionals from diverse industries throughout the water space, presenting and facilitating thought-provoking discussions about the most pressing water issues and topics. This first-of-its-kind biennial event provides intentional opportunities for networking and collaboration with other “H2O Women.”
Sustainable Water Investment Summit
Alongside our event partner WestWater Research, Brownstein launched the Sustainable Water Investment Summit (SWIS) to bring together leading investors, state and municipal officials, entrepreneurs, highly water dependent industries, farmers and ranchers, environmentalists, utility managers, planners, developers and professionals for a forum of candid and insightful conversations on investing in a sustainable water future.
Recognition
Delivering a Significant Victory for San Diego County
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.
Harnessing Private Capital to Restore our Nation’s Forests
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.
Resolving Water Disputes for a New Residential Development
Tenacious in our pursuit of your goals—inside and outside the courtroom. That’s why, when Serratoga Falls, LLC, needed to place an underground pipeline through a 500-home subdivision development and immediately encountered a complicated lawsuit, they called in our litigation team. They faced 17 claims seeking over $750,000 in damages, disgorgement of profits and injunctions preventing water use and property development. We handled all aspects of the case including filing a counterclaim to obtain court permission to underground an open ditch running through the property. After a seven-day bench trial, the court dismissed all claims, approved the proposed underground pipeline and awarded attorneys’ fees and costs. The Colorado Supreme Court affirmed the lower court’s decision and also awarded partial appellate attorneys’ fees, a complete victory for our client.
Our Team
Department Chair
Executive Commitee
Office Managing Partner
Related Practices
