Scott L. Shapiro

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Water, Litigation, Nevada Law Practice

Admitted to Practice in:

California, Nevada

Scott Shapiro is helping clients to achieve improved flood protection or secure water supplies for communities in California and Washington State. He is currently implementing more than a billion dollars in flood protection improvement projects in California's Central Valley. Scott is at the center of the massive flood protection improvement projects, advising clients through regulatory, contractual, financing, and legislative challenges. Acting as general or special counsel, he has appeared before the Central Valley Flood Protection Board dozens of times, and regularly interacts with senior management at the California Department of Water Resources and the U.S. Army Corps of Engineers (both headquarters and Sacramento District). In fact, he was named to the National Section 408 Task Force. Scott was instrumental in helping the first regional flood improvement agency that took a basin threatened by flood risk from less than 30 year level of protection to a level of protection approaching 200 year. Scott is currently prosecuting appeals of flood insurance rate maps (FIRMS) issued by the Federal Emergency Management Agency (FEMA). He regularly interacts with FEMA on issues of floodplain mapping and levee accreditation and is perhaps best known for his ability to develop collaborative environments in which he fosters win-win solutions for his clients.

Within the area of water resources, Scott has developed special expertise in evaluating and demonstrating the availability of water supply for new uses. This includes assisting clients complying with “S.B. 610” and “S.B.221,” the California laws requiring a demonstrated water supply for new development. He is the author of two articles on performing due diligence for water supply. He evaluates water supplies to be used by developers, wineries, and local districts, then advises those clients on the legitimacy of the supplies. He is as capable of advising a CEO on business opportunities as he is briefing a public agency board in closed session on policy decisions.

Scott also has extensive experience with litigation, with special focus on cases arising from levee failures. Scott has litigated levee failures resulting from underseepage, failed encroachments, and rodent burrows. He has briefed levee overtopping cases at the appellate level and is one of the few attorneys with experience litigating flood cases on behalf of plaintiffs as well as defendant government entities. He has also litigated issues of water supply in state and federal courts.

Early in his career Scott developed an expertise in the specialized area of federal reclamation law. He was one of the first attorneys in the nation to negotiate a renewal of a long-term water supply contract with the U.S. Bureau of Reclamation (for a project in Southern California), and subsequently negotiated other long-term water supply contracts for municipal and industrial uses in Northern California and

Southern Nevada. Most recently, Scott helped research, develop, and litigate claims on behalf of local agencies against the United States resulting in a settlement that saved the local agencies more than $100 million.

Scott speaks frequently at legal, engineering, and trade conferences. He is the chair of the legal affairs committee for the Association of California Water Agencies (ACWA) and was the founding Editor-in-Chief of the National Publication: Floodplain Management and Liability Reporter. Scott has been a visiting professor at the University of California, Davis, King Hall School of Law and still guest lectures at a number of schools. Scott is licensed in both California and Nevada. He was awarded a J.D. cum laude from Lewis and Clark Law School's nationally recognized environmental law program and received a Bachelor of Science in Environmental Planning and Design from Rutgers University.

Experience

Flood Control Law

Represent multiple levee improvement authorities as special counsel, general counsel or program manager on all issues including formulation of over a billion dollars of levee improvement programs, before all regulatory agencies including the Central Valley Flood Protection Board, and on all funding acquisition issues

Prosecute appeals of FIRMs issued by FEMA under the National Flood Insurance Program

Interact with FEMA on issues of floodplain mapping, special hazard flood zones, levee accreditation, and floodmap appeals

Counsel private companies, developers, largest association of California flood control agencies, and numerous agencies on flood protection issues

Represent flooded landowners in legal action against State, local flood control district, city, and private landowner

Develop state and federal legislation and regulation on floodplain management issues

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

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

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

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 environmental permits (including flood control permits) prior to bridge loan for development.

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

Litigation

Prepare case and 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

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

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

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

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

Expert witness, including trial testimony, in water rights case

General
Leader of Downey Brand’s Water Law Practice Management Group

MEMBERSHIPS

United States Supreme Court; 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

Association of California Water Agencies, Board Member; Legal Affairs Committee, Chair; CLE Workshop Program Planning Committee, Chair; Groundwater Committee, Former Member

Sacramento Metro Chamber's Flood Protection Task Force, Member; Cap-to-Cap flood team, Chair

Association of State Floodplain Managers, Member

Floodplain Management Association, Member

California Central Valley Flood Control Association, Member

Leadership Sacramento, Sacramento Metropolitan Chamber of Commerce, Graduate

State Bar of California, Real Property Section, Member

State Bar of Nevada, Member

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

Sacramento County Bar Association, Real Property Section, Member

Washoe County Bar Association, 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

Water Law White Paper, "Acceleration of Flood Damage Reduction Projects Concept," December 2011, Author

Floodplain Management and Liability Reporter, Editor-in-Chief

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

Floodplain Management Association Annual Conference, "Ten Easy Steps for a FEMA Appeal," San Diego, September 2011, Presenter

Floodplain Management Association Annual Conference, "Impact on local Communities: Flood Insurance Costs and Requirements (Panel Discussion: The Levee Challenge - Local Perspectives)," San Diego, September 2011, Presenter

Floodplain Management Association Conference, “Like Placing a Square Peg in a Round Hole: obtaining Section 408 approvals for locally implemented flood control projects,” Las Vegas, Speaker and Moderator

California Water Law and Policy Conference, Argent Communications Group, San Francisco, 2010, Co-Chair and Speaker

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

Shalom School, Vice President

Camp Ramah in California, Northern California Site Committee Member

Jewish Community Foundation of the West, Former President

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

Hillels at Davis and Sacramento, Advisory Board, Past President

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

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