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.
Brenda C. Bass
Brenda C. Bass
Senior Associate

Brenda Bass advises public agency and private clients on environmental review requirements, as well as applying for and complying with water quality permits. She is also experienced in litigating CEQA and groundwater quality issues for clients throughout California.
Sacramento 916.520.5385 direct
Senior Associate
Sacramento 916.520.5385 direct
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 regulations.
Sacramento 916.520.5377 direct
Associate
Sacramento 916.520.5377 direct
Nicole E. Granquist
Partner
Sacramento 916.520.5369 direct
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 direct
Partner
San Francisco 415.848.4830 direct
Kevin M. O’Brien
Kevin M. O’Brien
Partner

Kevin O’Brien assists clients throughout California in water rights, water quality, endangered species, and environmental matters. His clients include water districts, cities, counties, private landowners, real estate developers, wineries and mining companies.
Sacramento 916.520.5235 direct
Partner
Sacramento 916.520.5235 direct
Counsel
San Francisco 415.848.4848 direct
Melissa A. Thorme
Partner
Sacramento 916.520.5376 direct
San Francisco 415.848.4800 direct
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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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October 15, 2018Natalie Kirkish and Benjamin Lee Join Downey Brand’s Natural Resource Team
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July 11, 2019Will the Wave of PFAS Litigation Sweep Through California?
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