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Scott L. Shapiro

Scott L. Shapiro

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Water, Litigation, Nevada Law Practice

email:
sshapiro@downeybrand.com
phone:
(916) 444-1000
fax:
(916) 444-2100
Admitted to Practice in:

California, Nevada

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

MEMBERSHIPS

State Bar of California, Real Property Section, Member

Sacramento County Bar Association, Real Property Section, Member

Clark County Bar Association, Member

Washoe County Bar Association, Member

Association of California Water Agencies, CLE Workshop Program Planning Committee, Member; Groundwater Committee, Former Member

American Bar Association, Natural Resources, Energy and Environmental Law Sections, Member

United States District Court for the Eastern District of California; United States District Court for the District of Nevada; United States Court of Appeals for the Ninth Circuit, Member

Leadership Sacramento, Sacramento Metropolitan Chamber of Commerce, Graduate

North State Building Industry Association, Member

California Central Valley Flood Control Association, Member

Sacramento Metro Chamber's Flood Protection Task Force, Member

EDUCATION

Northwestern School of Law of Lewis & Clark College (J.D., cum laude, 1994 )
Cook College, Rutgers University, New Brunswick, New Jersey (B.S., 1990)
National Institute for Trial Advocacy's National Session in Trial Advocacy (Graduate, 2001)

PUBLICATIONS

14 California Water Law & Policy Reporter 195, “Will New Flood Case Mean a Flood of Damages Paid to a Flood of Plaintiffs? Supreme Court Denies Review of Paterno Decision,” April 2004, Author

California Real Property Journal, “Don't forget the water: A water due diligence primer for real property transactions,” October 2002, Author

12 California Water Law & Policy Reporter 285, "Areola v. Monterey : A new flood case that changes the standard of liability," August 2002, Author

California Water Law & Policy Reporter, Editorial Board, Former Member

10 California Water Law & Policy Reporter 129, "The Shrinking Range of Water Supply Options for California Development," March 2000, Author

California Water Law Newsletter, Former Contributing Editor

PRESENTATIONS

CLE International Nevada Water Law Conference, 2008, Co-Chair

Lewis and Clark Law School, "California's Bifurcated Water Law System," 2007, Guest Lecturer

2007 Levee Conference: Still Battling the Inland Sea, "Local and Regional Perspectives," Sacramento, 2007, Speaker and Moderator

California Water Law and Policy Conference, Argent Communications Group, San Francisco, 2007, Co-Chair and Speaker

ACWA Spring Conference, "Just What is the State's Plan of Flood Control" with Assemblymembers Wolk and Laird, DWR Director Lester Snow and Senate Committee Consultant Dennis O'Connor, Sacramento, 2007, Speaker and Moderator

American River Watershed Conference, “Updating the State Plan for Flood Control and Risk Management in the Lower Sacramento Valley,” 2007, Moderator

CLE International Nevada Water Law Conference, 2007, Chair

Eastern District of California, “Who Tames Our Inland Sea? Federal, State and Local Flood Control Roles,” 2006, Moderator

American Bar Association, Section of Environment, Energy, and Resources, "The Challenge of Aging Water Infrastructure: How Big is the Problem and Who Pays the Bill?" 2006, Speaker

Urban Land Institute, “The Emerging Flood Control Paradigm,” 2006, Moderator

Lorman Education Services, “Zoning, Land Use And Related Issues In California,” 2006, Speaker

California Water Law & Policy Conference, “Rethinking the Sacramento and San Joaquin Flood Control Projects: A Dialogue on Structural and Institutional Changes for the 21st Century,” Argent Communications Group, San Francisco, 2006, Speaker and Moderator

Real Property Law Section Retreat, “Water Supply and Development: From Basics to Emerging Issues,” California State Bar Association, Huntington Beach, 2006, Speaker

Zoning and Land Use Conference, “Water and Flood Control for Development,” Lorman Education Services, Sacramento, 2005, Speaker

ACWA Fall Conference, “Development in Harm's Way: Challenges Associated with Managing Growth in the Floodplain,” San Diego, 2005, Speaker and Moderator

California Water Law and Policy Conference, “Water Supply-Land Use Logistical and Regulatory Requirements,” CLE International, San Diego, 2005, Speaker

Nevada Water Law Conference, “Impact of Turner v. Bassett,” CLE International, Reno, 2005, Speaker

2005 Annual Conference of the Floodplain Management Association, "The Plumas Lake Experience: A Model for the Future or an Experiment to Forget?" 2005, Speaker

ACWA Spring Conference, “Strategies for Meeting the State's Flood Protection Needs,” San Jose, 2005, Speaker

California Water Law and Policy Superconference, “Water Availability and Land Use Planning,” CLE International, San Francisco, 2005, Speaker

ACWA Conference, “Delta Levee Break: What Did We Learn?” General Luncheon, Palm Springs, 2004, Speaker

Water Education Foundation and California DWR joint program, Flood Management Workshop, “The Disconnect Between Land Use Decisions and Financial Consequences [of Flood],” Sacramento, 2004, Moderator

California Central Valley Flood Control Association Annual Meeting, “Impacts of the Paterno decision on flood control agencies,” 2004, Speaker

Nevada Water Resources Association Annual Conference, “The Public Interest Requirement for Nevada Water Rights,” 2004, Speaker

Joint Program of California State Bar 's and Sacramento County Bar's Environmental Law Sections, “Are We There Yet: Water Supply Planning Laws and California Land Use in 2004," Sacramento, 2004, Speaker with Senator Mike Machado and Eric Parfrey, Sierra Club Officer

Joint Program of California State Bar's and Sacramento County Bar's Environmental Law Sections, "Are We There Yet: Water Supply Planning Laws and California Land Use in 2004," Sacramento, 2004, Speaker with Senator Mike Machado and Eric Parfrey, Sierra Club Officer

California Water Law and Policy Conference, “Paper Water - Making It Real: The Legal and Planning Related Issues of Locating and Verifying Supplies,” CLE International, San Diego, 2003, Speaker

Association of California Water Agencies, A CLE for Water Resource Professionals, “Perspectives on the Water Supply Planning Laws - Two Years with SB 610 and 221: How Are They Doing?” Costa Mesa, 2003, Speaker

San Francisco Real Estate Roundtable, "And you thought Pellegrino was expensive: The true cost of forgetting water due diligence in real property transactions," San Francisco, 2003, Speaker

The Trust for Public Lands, "And you thought Pellegrino was expensive: The true cost of forgetting water due diligence in real property transactions," San Francisco, 2003, Speaker

Real Property Law Section of the San Diego County Bar Association, "And you thought Pellegrino was expensive: The true cost of forgetting water due diligence in real property transactions," San Diego, 2003, Speaker

California Water Law and Policy Super Conference, CLE International, "Water Primer 101: The Central Valley Project," San Francisco, 2003, Speaker

Association of California Water Agencies and California League of Cities, "Closing the Loop on Water and Growth; A Special Briefing for Local Officials," Napa, 2003, Speaker

University of Nevada - Reno, Graduate Studies Program, Department of Civil Engineering, "The Law of the Colorado River and Emerging Issues for Nevada," 2003, Guest Lecturer

Nevada/California American Water Works Association Annual Conference, “Conservation-Preventing the Southwest's Next Crisis,” 2002, Speaker

California Water Law & Policy Conference, CLE International, “The Water Supply-Land Use Connection: Which Comes First, the Water or the Development,” 2002, Presenter

Nevada Water Law & Policy Conference, CLE International, "Overview of Nevada Water Law," 2001, Presenter

California Water Law & Policy Conference, CLE International, "The Water's Got to Go Somewhere: The Effect of State and Local Policy Decisions on Flood Control Liability," 2001, Presenter

Nevada Water Law & Policy Conference, CLE International, "The Law of the Colorado River," 2000, Presenter

University of California, Davis School of Law, Environmental Law Moot Court, 1994-1999, Visiting Professor

Northwestern School of Law , Water Law, Past Guest Lecturer

CHARITABLE

Leonard M. Friedman Bar Association, Founding Committee Member

Camp Ramah in California, Northern California Site Committee Member

Jewish Community Foundation of the West, President

Leadership Sacramento, Sacramento Metropolitan Chamber of Commerce, Class of 2002, Former Day Chair

Hillels at Davis and Sacramento, Advisory Board, Former Member and Past President

Hillels of Northern California, Board of Directors, Former Executive Committee Member

Sacramento Jewish Federation, Young Leadership Division, Steering Committee, Former Co-Chair