Groundwater Law

Downey Brand attorneys develop, manage, and protect groundwater rights and resources for clients statewide.

As one of California’s most valuable natural resources, groundwater continues to play a vital role in the sustainability of California’s overall water supply. Downey Brand attorneys work closely with cities, counties, local districts, farmers, ranchers, wineries, and real estate developers, among others, to navigate the complexities of groundwater rights, groundwater management, groundwater banking and conjunctive use.

Sustainable Groundwater Management Act (SGMA)

Downey Brand has been continually involved with the Sustainable Groundwater Management Act (SGMA) of 2014, including during its development and drafting. As this landmark change in California’s water law unfolds, our attorneys remain at the forefront. We have formed numerous Groundwater Sustainability Agencies (GSAs), provided counsel on the establishment and implementation of Groundwater Sustainability Plans (GSPs), assisted in acquiring funding sources for groundwater management, and aided the development of new water supplies.

Visit our SGMA practice page for more information and resources.

Banking and Conjunctive Use

Our attorneys advise and represent numerous entities that operate water banks and conjunctive use projects. The scope of these projects ranges from some of the largest water banks in the state to localized endeavors, such as temporary recharge projects, in lieu recharge programs, and creative on-farm recharge projects. Our work in this area includes securing water rights, developing project agreements, and advising on parameters for recovery operations.

Litigation

Our attorneys have deep experience in groundwater litigation. These complex, technical matters involve establishing the safe yield of the groundwater basin, determining if the basin is in overdraft, and adjudicating all pumping rights in the basin. Downey Brand LLP attorneys are again at the vanguard and have initiated the first groundwater adjudication since SGMA was enacted, pursuant to new streamlined adjudication procedures established by the Legislature in 2015.

Transfers

We facilitate the transfer of stored water, including water stored underground, as well as the transfer of water by groundwater substitution. This frequently includes navigating a complex web of regulatory schemes at the local, state, and federal levels.

Due Diligence

As a result of our groundwater work throughout the state, we are uniquely situated to provide advice regarding strategies for anticipating impacts to regional groundwater supplies. In that capacity, we frequently provide due diligence analyses in connection with the acquisition of real estate and development projects.

Ongoing Developments

As the law regarding groundwater continues to develop, we remain engaged on all issues. These include the regulation of groundwater extraction and transfer at the local level, post-SGMA legislation at the state level, and the extent of public trust obligations regarding groundwater that is hydrologically connected to surface waters.