Recycled Water
In this era of increasing drought and decreasing water supplies, the search continues for new water sources in California. The largest “new” water source is highly-treated municipal or industrial wastewater, more commonly known as recycled water. Downey Brand has been involved in recycled water use, marketing, and regulation from its emergence in California decades ago and the Firm remains at the forefront of public policy.
The experienced legal team at Downey Brand routinely participates in statewide policy discussions and provides input and comments on regulatory proposals to encourage increased use of recycled water, including for indirect potable reuse (IPR) and direct potable reuse (DPR).
Downey Brand lawyers have assisted numerous municipal entities statewide move to recycling and reusing the resource to offset potable water supplies. In many cases, such projects can present a “win-win” situation for location communities; having counsel who possess experience in successful collaboration with a broad base of stakeholders is essential.
Downey Brand’s deep agricultural and water supplier connections also help to facilitate the marketing and sale of municipal and industrial sources of recycled water for irrigation and other uses.
Selected Experience
- Negotiate and participate in the process of the adoption of reasonable regulations, policies, and permits for recycled water use, including the Recycled Water Policy and the State Water Resources Control Board’s general Water Reclamation Requirement for recycled water use.
- Advise municipalities with respect to all aspects of the recycled water facilities including negotiation of construction contracts and equipment purchase agreements, and negotiate and draft recycled water use and sale contracts.
- Assist with negotiating Water Code Section 1211 process to change the point of discharge or purpose of use for recycling, including addressing related species and habitat issues.
Trade Groups
- American Bar Association Section of Environment, Energy, and Resources
- Association of California Water Agencies (ACWA)
- Association of Women in Water, Energy & Environment (AWWEE)
- California Association of Sanitation Agencies (CASA)
- California Construction and Industrial Materials Association (CalCIMA)
- California Stormwater Quality Association (CASQA)
- Groundwater Resources Association (GRA)
- Northern California Water Association (NCWA)
- Water Education Foundation
- Negotiate and participate in the process of the adoption of reasonable regulations, policies, and permits for recycled water use, including the Recycled Water Policy and the State Water Resources Control Board’s general Water Reclamation Requirement for recycled water use.
- Assist with negotiating Water Code Section 1211 process to change the point of discharge or purpose of use for recycling, including addressing related species and habitat issues.
- Promote the reuse of industrial wastewater for agricultural and other industrial sources.
- Advise municipalities with respect to all aspects of the recycled water facilities including negotiation of construction contracts and equipment purchase agreements, and negotiate and draft recycled water use and sale contracts.
David R. E. Aladjem
David R. E. Aladjem
Partner

David Aladjem helps clients throughout California manage and resolve water resources management problems, especially those at the intersection of water rights, endangered species, and CEQA/NEPA.
Sacramento 916.520.5361
Partner
Sacramento 916.520.5361
Monica Browner
Monica Browner
Associate

Monica Browner helps clients navigate complex environmental issues with a pragmatic and dynamic approach. Clients rely on her to minimize uncertainty in a constantly changing regulatory landscape. Monica uses her analytic skills and knowledge of state and federal environmental law to assist clients with a broad range of legal issues including compliance with various environmental laws and regulations.
Sacramento 916.520.5377
Associate
Sacramento 916.520.5377
Nicole E. Granquist
Partner
Sacramento 916.520.5369
Christian L. Marsh
Christian L. Marsh
Partner / Executive Committee Member

Public agencies and private companies turn to Christian Marsh for advice on regulatory and land use entitlement issues governing real estate developments, ground and surface water supply projects, renewable and non-renewable energy facilities, mining operations and processing plants, and port and waterfront developments.
San Francisco 415.848.4830
Partner
San Francisco 415.848.4830
Melissa A. Thorme
Partner
Sacramento 916.520.5376
San Francisco 415.848.4800
Announcements
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February 1, 2022Downey Brand Associate Alexandra Lizano Selected to Join Environmental Law Institute’s Emerging Leaders Initiative
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August 20, 2021Downey Brand Partner Christian Marsh Named Best Lawyers® 2022 “Lawyer of the Year” for Natural Resources Law in San Francisco
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January 2, 2020Downey Brand Welcomes Two New Associates to Sacramento Office
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December 13, 2019Downey Brand Welcomes Brenda Bass to Natural Resources Practice in Sacramento
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April 4, 2019Two Downey Brand Attorneys Earn JD Supra’s 2019 Readers’ Choice Awards
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October 15, 2018Natalie Kirkish and Benjamin Lee Join Downey Brand’s Natural Resource Team
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August 2019Litigation Logic: Interview with Attorney Melissa Thorme
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June 8-9. 2023California Water Law, Policy, and Management in This Time of Extremes
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April 19 & 21, 2021Water Rights, Policy, Regulation, and the Future under the New Administration
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January 30, 2021Innovations in Water Storage As A Response To Climate Change
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February 20, 2020Legal and Institutional Management Framework
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October 17-20, 201928th Annual Environmental Law Conference at Yosemite®
Presented by the California Lawyers Association -
November 15, 2018The Future of the Public Trust Doctrine in California
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March 5, 2021Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits or Other Water Quality-Related Orders
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March 1, 2021Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne Water Quality Control Act
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January 20, 2021Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean Water Act and All Ocean Waters Regardless of Jurisdiction
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May 4, 2020Twenty-Two Environmental Groups and Nineteen Jurisdictions File Suit in Three District Courts Challenging The 2020 WOTUS Rule
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April 23, 2020After Months of Delay The 2020 WOTUS Rule is Finally Published, Ensuring the California Regulated Community Receives No Relief Associated with the Rule’s Bright Lines and Clarifications
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October 24, 2019PFAS Are Here: First Round of Results Show PFAS in California Drinking Water Supply Wells
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September 10, 2019State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May 28, 2020
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August 28, 2019California State Water Resources Control Board Significantly Lowers PFAS Notification Levels
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May 9. 2019Joint Powers Authority Comprised of Irrigation Districts and the City and County of San Francisco Challenge Recently Adopted State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State
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April 4, 2019After Years of Handwringing and Lengthy Stakeholder Negotiations, California Water Board Adopts State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State
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May 2023California Court of Appeal Upholds State Water Resources Control Board’s General Waste Discharge Requirements in WQO 2018-0002
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