Sam Bivins

Partner

Sam Bivins helps public and private clients navigate complex water, environmental, and public agency legal issues, with a practice that combines high-stakes litigation, regulatory advocacy, and strategic general counsel services. He represents clients in proceedings before the State Water Resources Control Board and in state and federal courts, while also serving as a trusted advisor to public agencies on governance, compliance, and decision-making.

Sam’s practice is anchored in water rights litigation and related environmental disputes affecting critical water supplies for agricultural, municipal, and industrial users. He has successfully defended senior water right holders against Endangered Species Act claims, represented landowners and agencies in groundwater adjudications and disputes under the Sustainable Groundwater Management Act (SGMA), and litigated eminent domain, fee, and regulatory challenges involving water supply and infrastructure. He also has substantial experience resolving complex disputes short of litigation through strategic negotiation and coordination with state and federal regulators.

In addition to his litigation practice, Sam regularly advises public agencies and water providers on a wide range of governance and regulatory issues. His counsel includes compliance with the Cortese-Knox-Hertzberg Local Government Reorganization Act, the Ralph M. Brown Act, and the California Public Records Act, as well as conflicts of interest, ethics, and the Political Reform Act of 1974. Clients rely on him to provide clear, practical guidance on administrative procedures, public transparency requirements, and the development of defensible agency decisions.

Sam brings particularly deep experience in administrative law and adjudicatory proceedings. He regularly represents clients in evidentiary hearings before the State Water Resources Control Board involving water rights, permitting, and enforcement matters. He previously served as a senior hearing officer with the Board’s Administrative Hearings Office, where he presided over complex hearings and advised on decision-making and CEQA compliance. This dual perspective—as both advocate and adjudicator—allows him to guide clients through regulatory processes with a clear understanding of how agencies evaluate evidence and reach decisions.

Sam’s integrated litigation and advisory experience enables him to help clients anticipate legal risk, build strong administrative records, and position agency actions to withstand judicial scrutiny. He regularly counsels clients on compliance with the California Environmental Quality Act and coordinates legal strategy across overlapping regulatory regimes involving land use, water supply, and environmental protection.

Clients turn to Sam for practical, strategic, and straightforward advice delivered in a cost-effective manner. His ability to bridge litigation, regulatory advocacy, and general counsel services allows him to provide comprehensive support on both day-to-day governance issues and complex, high-stakes disputes.

Professional, Community And Pro Bono Involvement

  • California Water Law & Policy Conference, Co-Chair, 2023
  • California Water Law & Policy Reporter, Editorial Board Member, 2023
  • Sacramento County Bar Association, Environmental Law Section
  • California Lawyers Association, Environmental Law Section
  • Past Member and Chair of the West Sacramento Environment and Utilities Commission
  • Law clerk to The Hon. Morrison C. England, Jr., U.S. District Court for the Eastern District of California, 2015-2016
  • Reading Partners, Former Board Member
  • Duke Law Journal, 2012-2014

Honors & Rankings

  • Best Lawyers in America©, Ones to Watch, Natural Resources Law, 2024
  • Super Lawyers, Northern California Rising Star, Energy & Resources, 2018-2023
  • SacTown Magazine (formerly Sacramento Magazine), Top Lawyer, Energy & Natural Resources, 2017
  • Phi Beta Kappa
  • Citation for Outstanding Performance in History
  • UC Davis Fulmor Scholar

Representative Litigation Experience

  • Represents water storage district in proceedings before the State Water Resources Control Board to obtain new water rights from the Kings River.
  • Represents public agency in proceedings before the State Water Resources Control Board to obtain new water rights from the Kern River.
  • Represents private water company in challenge to federal government’s exercise of eminent domain authority to implement the San Joaquin River Restoration Program.
  • Represents railroad company in ongoing challenge to State Water Resources Control Board compliance order under Safe Drinking Water Act.
  • Successfully represented water users in multiple complex cases under sections 7 and 9 of the federal Endangered Species Act.
  • Successfully represented a county against challenges under the Sustainable Groundwater Management Act.
  • Successfully defended California city’s water-neutral development fee from statutory and constitutional challenge brought by building industry associations.
  • Successfully represented coalition of landowners in the first groundwater adjudication under California’s Streamlined Adjudication Law.
  • Successfully recovered hundreds of thousands of dollars in delinquent local agency assessments from various California state agencies.
  • Represented Oregon drainage district in appeal of judgment in breach of contract action against the United States.
  • Represented major agribusiness entity in arbitration involving commercial, real estate, and crop damage claims.
  • Defended private client against various contract claims brought by California city.
  • Represented private client in complex litigation under CERCLA.
  • Represented multiple manufacturing associations in challenges to state and federal regulations.
  • Represented dissociated partner in various claims against agribusiness partnership.
  • Defended CPA firm against tort claims in state court (resolved via successful motion to dismiss).
  • Appellate counsel for water district in connection with claims of inverse condemnation, trespass, and breach of contract.

Representative Advisory/Transactional Experience

  • Advised major infrastructure fund on water rights issues in connection with various real estate transactions.
  • Represented various clients in connection with Endangered Species Act compliance, including extensive negotiations with federal government.
  • Advised various clients on water transfer strategies and agreements.
  • Served as outside general counsel to various public agencies and private water companies.
  • Advised agribusiness client on contractual and antitrust issues.
  • Provided training to major pharmaceutical company regarding pre-litigation dispute protocols.
  • Advised private equity fund on water rights issues and monetization strategy.
  • Advised various private clients on water rights issues.
  • Advised flood control district on controversial cultural resources issues involving Native American artifacts and remains.
  • Special counsel to county water agency in connection with major new water supply project.
  • Advised and represented joint powers authority in opposing petition to list southern California steelhead under the California Endangered Species Act.

Announcements

1 related items

Speaking Engagements / Events

4 related items
  • October 21, 2023
    Kern River Water Rights – A Case Study
    Presenter, 32nd Annual Environmental Law Conference at Yosemite®, October 21, 2023
  • October 14, 2021
    If you build it…
    Panelist, 30th Annual Environmental Law Conference at Yosemite
  • January 16, 2019
    Understanding California Surface Water Rights
    Presenter, Half Moon Education Seminar on Water Laws and Regulations
  • June 11, 2018
    ESA Regulation and Water Rights: The Klamath Decision on Takings
    Co-presenter, Argent Communications 33rd Annual California Water Law & Policy Conference

Legal Alerts

2 related items

Publications

24 related items

Professional, Community And Pro Bono Involvement

  • California Water Law & Policy Conference, Co-Chair, 2023
  • California Water Law & Policy Reporter, Editorial Board Member, 2023
  • Sacramento County Bar Association, Environmental Law Section
  • California Lawyers Association, Environmental Law Section
  • Past Member and Chair of the West Sacramento Environment and Utilities Commission
  • Law clerk to The Hon. Morrison C. England, Jr., U.S. District Court for the Eastern District of California, 2015-2016
  • Reading Partners, Former Board Member
  • Duke Law Journal, 2012-2014

Honors & Rankings

  • Best Lawyers in America©, Ones to Watch, Natural Resources Law, 2024
  • Super Lawyers, Northern California Rising Star, Energy & Resources, 2018-2023
  • SacTown Magazine (formerly Sacramento Magazine), Top Lawyer, Energy & Natural Resources, 2017
  • Phi Beta Kappa
  • Citation for Outstanding Performance in History
  • UC Davis Fulmor Scholar