Downey Brand LLP
Home Contact Us Search
About the Firm Our Practice Attorney Profiles Locations Career Opportunities
 

Water Litigation Representative Experience

Examples of our water litigation experience include:

  • Serving as litigation counsel for a water conservation district in a water rights action involving claims of prescriptive rights and basin management and water storage issues arising out of importation of State Water Project water. The scope of the litigation was broadened to include claims for adjudication of rights to groundwater.
  • Representing county water agency in defense of claims relating to basin and facilities management issues and related assessment issues.
  • Representing a developer in this action brought by a county water district to enjoin pumping and export of water from groundwater basin alleged to be in overdraft. The case was argued before Second District Court of Appeal.
  • Representing a group of 35 agricultural landowners in action to adjudicate rights to a stream system and hydraulically connected groundwater basin.
  • \Representing a municipal water district in action to modify a stipulated judgment adjudicating water rights in the upper Santa Ana River watershed and associated groundwater basin.
  • Representing regional water agency in dispute over water quality contract rights.
  • Litigation counsel defending private hydroelectric developer in litigation involving real property and water rights claims.
  • Litigation counsel representing private hydroelectric developer in action against P.G.&E. involving "Standard Offer 4" power purchase agreement rights and related water rights disputes.
  • Litigation counsel defending mutual water company on claims of nuisance and trespass arising out of agricultural drainage issues.
  • Successfully defending agricultural drainage/pollution case on behalf of major Central Valley water agency, water district and the State of California involving agricultural production on several thousand acres.
  • Successfully resolving a California State Water Bank Program contract dispute on behalf of a local agricultural interest involving damages in excess of $1 million.
  • Representing the San Bernardino Valley Municipal Water District and the Western Municipal Water District of Riverside County in ongoing proceedings before the SWRCB to appropriate more than 100,000 acre-feet of water per year from the Santa Ana River.
  • Representing the Monterey County Water Resources Agency in water right proceedings before the SWRCB relating to implementation of the Salinas Valley Water Project--a project designed to halt seawater intrusion in the Salinas Valley.
  • Representing a group of approximately 20 Sacramento Valley agricultural water right holders in the most recent phase of the SWRCB's Bay-Delta water right hearings.
  • Representing the Santa Maria Valley Water Conservation District as lead trial counsel in a groundwater adjudication lawsuit currently pending in the Santa Clara County Superior Court.
  • Successfully defending the Monterey County Water Resources Agency in three separate actions involving challenges to water assessments.
  • Representing four agricultural water purveyors in an action pending in federal court (Eastern District of California) challenging an interpretation of water contracts by the United States.
 

PRACTICE AREAS

Banking/Financial Institutions

Bankruptcy and Commercial

Construction

Corporate

Employment

Employment Litigation

Energy

Environmental

ERISA and Employee Benefits

Family Law

Intellectual Property

Land Use

Litigation

Mergers and Acquisitions

Mining

Nonprofit Organizations

Oil & Gas

Real Estate

Securities

Tax

Trusts and Estates

Water

White Collar Criminal Law