Sacramento 916.520.5235
Assistant Information
Deanna Fillon
Phone 916.520.5457
Email
Education
- J.D., University of Denver College of Law, 1980
- A.B., University of California at Davis, 1977
Bar Admissions
- California, 1986
- Colorado, 1980 (Inactive)
Court Admissions
- U.S. District Court, District of Colorado
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. Court of Appeals, Ninth Circuit , 1986
- U.S. Supreme Court , 2007
- U.S. Court of Federal Claims , 2014
Kevin M. O’Brien
Partner
Kevin O’Brien assists clients throughout California in water rights, water quality, endangered species, and environmental matters. His clients include water districts, cities, counties, private landowners, real estate developers, wineries and mining companies.
Kevin represents clients in a broad array of matters relating to water. He handles major administrative proceedings before the California State Water Resources Control Board (SWRCB) to obtain, modify and protect water rights. He serves as trial counsel in water cases in state and federal courts and he assists clients in structuring and negotiating transactions relating to the transfer of water rights. Kevin regularly works with various local, state and federal agencies on water matters including the California Department of Water Resources, the California Department of Fish and Wildlife, the U.S. Bureau of Reclamation and the National Marine Fisheries Service.
Kevin has a reputation for solving problems. Clients refer to his calm, respectful approach as a proven asset when working with opposing counsel and agency decision-makers. Sacramento Lawyer magazine has described him as a lawyer who “advocates principled positions that reflect the law and are intended to achieve a solution for all the parties, not just his clients.”
Kevin is a former managing partner of Downey Brand.
Professional, Community And Pro Bono Involvement
- American Bar Association, Section of Environment, Energy and Resources. Past Chair, Water Resources Committee
- University of California, Davis Extension. Former instructor, Groundwater Law
- Sacramento County Bar Association, Environmental Law Section
- California Lawyers Association, Real Property Law Section, Former member, Executive Committee
- California Lawyers Association, Environmental Law Section
- Solicitor’s Honors Program, U.S. Department of the Interior, Former attorney-advisor
- Capital Public Radio, Board of Directors, 2008-2015; Chair 2011-2013
- Eureka Schools Foundation, Past President
Honors & Rankings
- AV Preeminent® Rating by Martindale-Hubbell®
- Best Lawyers in America©, Water Law, Environmental Law, 2015-2024
- Best Lawyers in America©, Natural Resources Law, 2023-2024
- Best Lawyers® 2019 Environmental Law “Lawyer of the Year” in Sacramento
- Super Lawyers, Northern California Super Lawyer, Environmental Law, 2012-2023
- Sacramento Magazine, Top Lawyer, Environmental, Energy & Natural Resources, 2015-2022
- Sacramento Business Journal, Best of the Bar, 2015-2019
- Since the 1990s, Kevin has represented a group of northern California water agencies in proceedings before the SWRCB relating to the Sacramento-San Joaquin Bay-Delta Estuary.
- He successfully handled a major water right proceeding before the SWRCB that established substantial new appropriative water rights on the Santa Ana River in southern California.
- He has handled numerous administrative and litigation matters relating to the Salinas River and the Salinas Valley Groundwater Basin in Monterey County, California.
- He has served as trial counsel in two groundwater basin adjudications – the Seaside Basin in Monterey County and the Santa Maria Basin in Santa Barbara and San Luis Obispo Counties, California.
- He serves as general counsel to a joint exercise of powers agency that serves as the Groundwater Sustainability Agency for the Yolo Subbasin, in accordance with the Sustainable Groundwater Management Act (SGMA). He also regularly advises clients on SGMA matters.
- He has served as an expert witness on water-related issues in two cases. This work included testimony at trial and at an arbitration hearing.
- He successfully negotiated a water supply agreement between his client, a real estate developer, and a public water district for the provision of a water supply for a 1,600-acre master-planned community located in Madera County, California.
- He negotiated and successfully implemented one of the first major transfers of State Water Project water from an agricultural water district located in Kern County to a municipal water purveyor located in Contra Costa County, California.
Announcements
36 related items-
April 1, 2024Kevin O’Brien Receives The 2024 Innovative Water Management Award
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August 17, 2023Best Lawyers® 2024 Recognizes 46 Downey Brand Lawyers with Four Receiving Prestigious “Lawyer of the Year” Honors
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June 30, 202342 Downey Brand Attorneys Named 2023 Northern California Super Lawyers and Rising Stars
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August 18, 202240 Downey Brand Attorneys Honored as The Best Lawyers in America® and Ones to Watch 2023
Three selected as 2023 Best Lawyers® “Lawyer of the Year” -
August 3, 202233 Downey Brand Attorneys Named Top Lawyers by Sacramento Magazine
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July 7, 202232 Downey Brand Attorneys Named 2022 Northern California Super Lawyers and Rising Stars
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August 19, 202119 Downey Brand Attorneys picked to represent The Best Lawyers in America® 2022
Two selected as 2022 Best Lawyers® “Lawyer of the Year” -
July 7, 202130 Downey Brand Attorneys Named 2021 Northern California Super Lawyers and Rising Stars
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June 17, 202138 Downey Brand Attorneys Honored as Top Lawyers by Sacramento Magazine
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August 20, 202024 Attorneys from Downey Brand selected as The Best Lawyers in America© 2021
Two selected as 2021 Best Lawyers® “Lawyer of the Year” -
July 24, 202045 Downey Brand Attorneys Earn Top Lawyers Distinction from Sacramento Magazine
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July 8, 202025 Downey Brand Attorneys Named 2020 Northern California Super Lawyers and Rising Stars
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August 22, 201916 Downey Brand Attorneys Named Best of the Bar 2019
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August 15, 201919 Attorneys from Downey Brand named as The Best Lawyers in America© 2020
Two Named 2020 Best Lawyers® “Lawyer of the Year” -
June 26, 201922 Downey Brand Attorneys Recognized as 2019 Northern California Super Lawyers and Rising Stars
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May 1, 201949 Downey Brand Attorneys Distinguished as Top Lawyers by Sacramento Magazine
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August 27, 201818 Downey Brand Attorneys Recognized as Best of the Bar 2018
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August 20, 201815 Downey Brand Attorneys Recognized in The Best Lawyers in America© 2019
Three Named 2019 Best Lawyers® “Lawyer of the Year” -
July 16, 201821 Downey Brand Attorneys Selected as 2018 Northern California Super Lawyers and Rising Stars
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June 29, 2018Sacramento Magazine Recognizes 54 Downey Brand Attorneys As Top Lawyers
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September 11, 201720 Downey Brand Attorneys Named Best of the Bar 2017
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August 18, 201715 Attorneys from Downey Brand Recognized in The Best Lawyers in America© 2018
Two Named 2018 Best Lawyers® “Lawyer of the Year” -
July 14, 201752 Downey Brand Attorneys Make Sacramento Magazine’s 2017 Top Lawyers List
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July 10, 201717 Downey Brand Attorneys Recognized as 2017 Northern California Super Lawyers and Rising Stars
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September 8, 201613 Downey Brand Attorneys Selected as Best of the Bar 2016
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August 12, 201610 Downey Brand Attorneys Named as The Best Lawyers in America© 2017
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July 15, 201660 Downey Brand Attorneys Make Sacramento Magazine’s 2016 Top Lawyers List
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July 11, 201617 Downey Brand Attorneys Named 2016 Northern California Super Lawyers and Rising Stars
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September 8, 201511 Downey Brand Attorneys Selected as 2015 Best of the Bar
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August 14, 201510 Downey Brand Attorneys Named as The Best Lawyers in America© 2016
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July 14, 201551 Downey Brand Attorneys Named to Sacramento Magazine’s 2015 Top Lawyers List
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July 10, 201515 Downey Brand Attorneys Recognized as 2015 Northern California Super Lawyers and Rising Stars
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August 15, 201410 Attorneys from Downey Brand Recognized in The Best Lawyers in America© 2015
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July 11, 201414 Downey Brand Attorneys Recognized as 2014 Northern California Super Lawyers and Rising Stars
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July 9, 201315 Downey Brand Attorneys Named 2013 Northern California Super Lawyers and Rising Stars
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July 11, 201212 Downey Brand Attorneys Recognized as 2012 Northern California Super Lawyers and Rising Stars
In the News
3 related items-
June 25, 2018This One Issue Could Make Splitting California Into Three States Virtually Impossible
The Sacramento Bee -
March 1, 2015Central Valley, Delta Water Rights Under Scrutiny
The Sacramento Bee -
June 26, 2014Pain of California’s Water Shortage is Spreading
The Sacramento Bee
Speaking Engagements / Events
21 related items-
October 19, 2019Deltas in the DeltaPanelist, 28th Annual Environmental Law Conference at Yosemite®
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February 2, 2019Questions of Common Supply: SGMA Requirements for Interconnected Surface Water and GroundwaterModerator, 2019 California Water Law Symposium - California Groundwater: SGMA & Beyond
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December 6, 2018Water Pressures, USA Rice’s Sustainability TheaterCo-Presenter, 2018 USA Rice Outlook Conference
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November 27, 20182018 ACWA Legal Briefing & CLE Workshop Presented by Downey Brand LLPACWA 2018 Fall Conference & Exhibition
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November 14, 2018Can California Successfully Integrate Groundwater and Surface Water Under SGMA?Presenter, Groundwater Resources Association, Sacramento Branch Meeting
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January 31, 2018Groundwater Law and HydrologyInstructor, UC Davis Extension
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June 12-13, 2017California’s Water Law, Policy and Regulation: Coping with Drought, Floods and the New Federal AdministrationArgent Communications 32nd Annual California Water Law & Policy Conference
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February 9-10, 2017Cal WaterFix and Proposed Delta TunnelsPresenter, CLE International Western Water Law Conference: Doctrine & Practice - Drought & Deals
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January 21, 2017Cal WaterFix Change PetitionPanelist, 13th Annual California Water Law Symposium
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November 15, 2016SGMA Checkpoint: Where Are We Two Years Later?Presenter, CLE International 24th Annual California Water Law Conference
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June 13-14, 2016California’s Water Law, Policy and Regulation: Coping with the Challenges of Unpredictable SupplyCo-Chair and Presenter, Argent Communications 31st Annual California Water Law & Policy Conference
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September 25, 2015Water UsePanelist, Sacramento Metro Chamber, Perspectives on Agriculture, Food & Water Symposium
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June 15, 2015The Long and Winding Road: Litigation over Biological Opinions for Delta Operations – The BiOps through the CourtsCo-Chair and Presenter, Argent Communications 30th Annual California Water Law & Policy Conference
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May 6, 2015Groundwater Adjudications in the Age of Sustainable Groundwater ManagementPresenter, Association of California Water Agencies Spring 2015 Conference
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June 19-20, 2014The Status of the Bay-Delta Conservation Plan: The Sacramento Valley PerspectiveCo-Chair and Presenter, Argent Communications 29th Annual California Water Law & Policy Conference
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April 22, 2013Principles of California Groundwater LawCo-Chair and Presenter, Argent Communications 28th Annual California Water Law & Policy Conference
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April 19-20, 2012California Water 2012: The Impacts of Recent Litigation and Regulation on Water Law Principles and PracticeCo-Chair and Presenter, Argent Communications 27th Annual California Water Law & Policy Conference
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June 14, 2011The San Ynez Reconsultation with NMFSCo-Chair and Presenter, Argent Communications 26th Annual California Water Law & Policy Conference
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January 2011A Look at the Regional Desalination Project in Monterey CountyPanelist, Association of California Water Agencies
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April 22, 2010Water Users Impacts: Upstream, In-Delta and ExportPresenter, Argent Communications 25th Annual California Water Law & Policy Conference
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2001 - CurrentPrinciples of Groundwater Law, Hydrology and ManagementLecturer, UC Davis Extension
Legal Alerts
26 related items-
November 20, 2023Court of Appeal Upholds County of Monterey’s Management of Groundwater in Landmark SGMA Case
Water Law -
June 9, 2022State Water Board Issues Sweeping Water Right Curtailment Order in 2022 for the Sacramento-San Joaquin Delta Watershed
Water Law -
December 4, 2017California Supreme Court Confirms Certain Groundwater Pumping Charges are Outside Scope of Prop 218
Water Law -
October 13, 2015Governor Signs Sustainable Groundwater Management Act Part II: Groundwater Adjudications Meet Groundwater Management
Water Law -
April 2, 2015No End In Sight for California’s Drought– Governor Imposes Statewide Water Restrictions
Water Law -
October 3, 2014Cal Supreme Court Update: Water Use for Frost Protection
Water Law -
September 2, 2014The New Groundwater Legislation: Opportunities and Challenges
Water Law -
July 15, 2014Sacramento River Settlement Contractors Ask U.S. Supreme Court to Review Scope of Endangered Species Act
Water Law -
May 29, 2014Immediate Curtailment of Post-1914 Appropriative Water Rights
Water Law -
May 23, 2014Farm Lenders and Farming Organizations File Amicus Brief in Crucial Ninth Circuit Water Case
Food and Agriculture Law -
May 6, 2014Orange County Trial Court Upholds Cadiz Valley Groundwater Project
Water Law -
April 21, 2014Updated Water Supply Amounts for State and Federal Projects
Water Law -
March 2014Governor Brown Signs Emergency Drought Legislation Into Law
Water Law -
January 2013Trial Court Rejects the Fish and Wildlife Department’s Novel Expansion of Streambed Alteration Regulations to Existing Water Rights
Water Law -
August 2012Ninth Circuit Affirms Priority of Water Rights Held by Sacramento River Settlement Contractors In the Face of Endangered Species Act Challenges
Water Law -
July 2010Court of Appeal Holds That CEQA Is Not Triggered By a Public Agency’s Investigation of Sites for a Potential Project
Land Use Law -
June 2010California Supreme Court Confirms that the California Constitution Does Not Require Secret Ballots in Proposition 218 Ballot Proceedings
Water Law -
January 2010First District Court of Appeal Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218
Water Law -
December 2009Second District Court of Appeal Upholds EIR for Transfer of 41,000 Acre-Feet Per Year of State Project Water Despite Uncertain Status of the Monterey Agreement
Water Law -
March 2009First Appellate District: The California Constitution Compels Local Governments to Keep Ballots Confidential in Fee Elections and to Inform the Public of That Fact
Water Law -
November 2008Rohnert Park Decision: Water Suppliers Given “Substantial Discretion” To Analyze Groundwater Sufficiency for New Developments
Water Law -
July 2008In a Landmark Case Interpreting Proposition 218, the California Supreme Court Expands the Judiciary’s Role in Reviewing the Adequacy of Local Benefit Assessments
Water Law -
June 2008EPA Excludes Water Transfers From Clean Water Act Permit Requirements
Water Law -
June 2008California Supreme Court Upholds CALFED Environmental Impact Report
Water Law -
April 16, 2008Court of Appeal Finds Water Supply Assessments Not Actionable Until Completion of Environmental Review Process
Water Law -
September 2007Applying Principles from the California Supreme Court’s 2007 Decision in Vineyard Area Citizens, Court of Appeals Upholds EIR Against Challenge to Water Supply Analysis
Water Law
Publications
12 related items-
January 2010Alice in Groundwater Land: Water Supply Assessments and Subsurface Water Supplies
4 Golden Gate University Environmental Law Journal 131 -
October 1, 2006Alice in Groundwater Land: Court Defines State Board ‘Subterranean Stream’ Jurisdiction
California Water Law & Policy Reporter -
2005The Governor’s Commission Recommendations on Groundwater: Treading Water Until the Next Drought
36 McGeorge Law Review 435 -
January/February 2003Downey Brand’s 75 Years of Water Law Practice: A History of Forging the Future
Sacramento Lawyer -
January/February 2003Creating the Current in California Water Law: Downey Brand’s Kevin O’Brien
Sacramento Lawyer -
2001Recent Phase 8 Bay-Delta Settlement
American Bar Association Water Resources Committee Newsletter -
1996A Tale of Two Coasts: How Two States Link Water and Land Use Planning
Co-author, Natural Resources & Environment -
September 1994From D-1485 to Delta Smelt: A Description of the Controversy Surrounding the Bay-Delta Estuary
Co-author, California Environmental Law & Regulation Reporter -
1994Water Marketing in California Revisited: The Legacy of the 1987-92 Drought
Co-author, 25 Pacific Law Journal 1053 -
December 1991Water Service Issues
California Real Property Journal -
1988Water Marketing in California
19 Pacific Law Journal 1165 -
1988New Conditions for Old Water Rights: An Examination of the Sources and Limits of State Authority
33rd Annual Rocky Mountain Mineral Law Institute Proceedings
When he’s not practicing water law Kevin enjoys outdoor activities including cycling, alpine and Nordic skiing, hiking and mountaineering. In 2010 he completed the Haute Route, a demanding 125-mile high level traverse in the French and Swiss Alps from Chamonix to Zermatt (the Route traverses below the summits of 10 of the 12 highest peaks in the Alps and crosses several high passes). More recently, Kevin has done extensive hiking and mountaineering in the Dolomites region of northern Italy. Kevin has also hiked portions of the John Muir Trail in the Sierra Nevada mountain range and has done extensive backpacking and mountaineering in southern and central Colorado.
Professional, Community And Pro Bono Involvement
- American Bar Association, Section of Environment, Energy and Resources. Past Chair, Water Resources Committee
- University of California, Davis Extension. Former instructor, Groundwater Law
- Sacramento County Bar Association, Environmental Law Section
- California Lawyers Association, Real Property Law Section, Former member, Executive Committee
- California Lawyers Association, Environmental Law Section
- Solicitor’s Honors Program, U.S. Department of the Interior, Former attorney-advisor
- Capital Public Radio, Board of Directors, 2008-2015; Chair 2011-2013
- Eureka Schools Foundation, Past President
Honors & Rankings
- AV Preeminent® Rating by Martindale-Hubbell®
- Best Lawyers in America©, Water Law, Environmental Law, 2015-2024
- Best Lawyers in America©, Natural Resources Law, 2023-2024
- Best Lawyers® 2019 Environmental Law “Lawyer of the Year” in Sacramento
- Super Lawyers, Northern California Super Lawyer, Environmental Law, 2012-2023
- Sacramento Magazine, Top Lawyer, Environmental, Energy & Natural Resources, 2015-2022
- Sacramento Business Journal, Best of the Bar, 2015-2019