Scott L. Shapiro

Experience

Water Supply
Represent water suppliers and developers on preparation of water supply assessments under SB 610 (Costa) and water verifications under SB 221 (Kuehl)

Research and execute California riparian right opinion for governmental entity approving development

Represent Central Valley developer in negotiations and necessary regulatory approvals to acquire water from water districts and provide water to city approving development

Represent public water supply entity in mediation and litigation over issues of water supply for new development

Review, revise, and advise public water supplier regarding Urban Water Management Plan

Represent groundwater management district in certifying availability of groundwater for proposed developments

Represent developer in assessment and valuation of water rights for sale

Represent wineries and vineyards seeking to enhance or obtain water supplies

Water Due Diligence for Real Property and Corporate Transactions
Research and execute California water right opinions for energy company financing and refinancing new and existing facilities

Review and assess water rights available for significant planned unit developments in Northern Nevada

Review and assessment of all water rights held by Nevada water company to be conveyed to speculator

Development of grant deed language to ensure continuity of California water rights after property severance

Development of lease to ensure continued use of water rights after property conveyance

Prosecution of action to clarify rights of grantee after ambiguously worded conveyance of water rights

Review and assessment of California water rights held by Nevada utility including effectiveness of documents to convey interests to successor entity

Perform due diligence on flood control permits prior to bridge loan for development

Flood Control Law
Represent Levee Improvement Authority as special counsel on all issues including formulation of $200 million levee improvement program, before all regulatory agencies including the State Reclamation Board, and on all funding acquisition issues

Author white paper on California flood control law reform

Counsel flood control public entities on issues associated with liability

Counsel private companies and developers on flood protection issues

Counsel largest association of California flood control agencies

Represent flooded landowner in legal action against State and local flood control district

Represent landowners affected by flood control decisions made by adjacent public entity

Represent public entities in flood liability lawsuit at trial and appellate levels

Water Rights
Draft and field water rights applications, amendments, and petitions; negotiate with parties for dismissal of protests to applications; represent water right applicants at State Water Resource Control Board hearings

Counsel recipients of State Water Resource Control Board Complaints; including investigating, responding, and resolving issues.

Represent landowners in disputes with State Water Resources Control Board over jurisdiction of Board

Represent landowners in disputes with neighboring landowners over water rights

Represent California agricultural and hunting interests in water rights adjudication conducted by the State of Oregon in Klamath River Basin

Advise multiple public agencies regarding reclaimed waste water and filing for water right on discharged waste water

Litigation
Draft and argue motions for summary judgment in federal and state courts

Negotiate settlement to $250M claim with United States on behalf of federal water contractors

Lead attorney defending city in CEQA lawsuit challenging execution of municipal services agreement

Perform trial preparation including taking and defending non-expert and expert depositions and requesting and producing discovery

Draft and argue motions and oppositions in California, Nevada, and Federal District Courts and Courts of Appeal

Prepare and argue motions to amend or clarify water rights decrees

Federal Reclamation Law
Negotiated numerous interim and long-term water service contracts and settlement contracts with U.S. Bureau of Reclamation, including negotiation of various rate setting methodologies and renewal options

Counsel Central Valley Project Contract holders on numerous water related contract and water supply issues

Negotiate and draft agreements for various land interests with Bureau of Reclamation, Bureau of Land Management, and National Park Service

Represent municipal water wholesaler on Colorado River in Endangered Species Act Lawsuit

Represent municipal water wholesaler on Colorado River in breach of trust lawsuit filed by Navajo Nation

Represent extensive municipal and industrial water contractor group in rate dispute with United States

Other Representative Experience
Advise public agencies on CEQA compliance including drafting of EIR components

Counsel public entities on compliance with Fair Political Practices Act, Brown Act, and Proposition 218 issues

Represent county sanitation district in permitting process with Regional Water Quality Control Board

General Counsel to mutual water company and reclamation groundwater management districts on administrative, water, and litigation matters

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