Brian E. Hamilton
Counsel
Brian Hamilton applies his litigation skills to help water clients achieve results in and out of the courtroom.
Brian’s practice focuses on water rights litigation and related environmental disputes that can have substantial impacts on critical water supplies for agricultural, municipal, and industrial users. Brian has extensive experience in groundwater litigation and advising both public and private clients on SGMA compliance and legal challenges related to SGMA.
Brian’s recent groundwater work includes representing a coalition of over 60 landowners and mutual water companies as plaintiffs in Las Posas Water Rights Coalition v. Fox Canyon Groundwater Management Agency, the first comprehensive adjudication of a groundwater basin following the enactment of SGMA and the related Streamlined Adjudication Statute. Brian played a key role in the adjudication, including work on the allocation framework that resulted in a settlement on individual groundwater rights that over 85% of the basin’s landowners agreed to and the court adopted, following a five-week trial. Brian then worked with attorneys for other landowners, mutual water companies, the basin’s GSA, and other landowners to fashion a settlement on governance of the basin that includes a physical solution under the court’s continuing jurisdiction, while preserving the role of the GSA to manage the basin pursuant to SGMA. That governance structure became the final judgment of the court following a two-week trial.
While he is well-versed in litigation from initial pleadings through trial, Brian understands that litigation is rarely the best first step for clients to take in resolving water rights disputes. Brian has resolved many of his clients’ cases through his pragmatic and collaborative approach to working with agencies and opposing parties.
Professional, Community And Pro Bono Involvement
- Sacramento County Bar Association, Environmental Law Section, Board of Directors, 2018-present
- California Lawyers Association, Environmental Law Section
- Sacramento Metro EDGE
- California Water Law & Policy Reporter, Contributing Author
Honors & Rankings
- Best Lawyers in America©, Ones to Watch, Litigation – Environmental Law, Environmental Law, Natural Resources Law, 2023-2025
- Super Lawyers, Northern California Rising Star, Energy & Natural Resources, 2018-2024
- Clerkship, Justice Ron D. Parraguirre, Supreme Court of Nevada, 2012- 2014
- Externship, Honorable Kimberly J. Mueller, United States District Court, Eastern District of California, 2011
- Outstanding Student Achievement Award, Day Division, 2012
- Traynor Honor Society
- University of the Pacific Law Review, Editor-in-Chief
- Represents landowners and mutual water companies in comprehensive groundwater adjudications.
- Represents local agencies and landowners in CEQA challenges to state water infrastructure projects.
- Represents local agency in attorney fee motions in both trial and appellate courts following successful CEQA challenge to state water infrastructure projects.
- Represents water wholesaler in breach of contract and writ of mandate action against a municipality for failure to water meter connection fees.
- Represents children’s housing and educational charity in breach of contract action against general contractor regarding failed solar energy system.
- Advises mutual water companies and landowners on compliance with corporate law, SGMA, and watermaster rules and regulations in adjudicated basins.
- Experience in all phases of civil litigation, from initial pleadings through trial.
- Represents clients in numerous mediations to resolve water rights disputes, CEQA claims, construction contract disputes, fraud claims, and real property disputes.
Announcements
11 related items-
August 15, 2024Best Lawyers® 2025 Recognizes 44 Downey Brand Lawyers with Four Receiving Prestigious “Lawyer of the Year” Honors
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June 26, 202441 Downey Brand Attorneys Named 2024 Northern California Super Lawyers and Rising Stars
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August 17, 2023Best Lawyers® 2024 Recognizes 46 Downey Brand Lawyers with Four Receiving Prestigious “Lawyer of the Year” Honors
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June 30, 202342 Downey Brand Attorneys Named 2023 Northern California Super Lawyers and Rising Stars
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August 18, 202240 Downey Brand Attorneys Honored as The Best Lawyers in America® and Ones to Watch 2023
Three selected as 2023 Best Lawyers® “Lawyer of the Year” -
July 7, 202232 Downey Brand Attorneys Named 2022 Northern California Super Lawyers and Rising Stars
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January 5, 2022Downey Brand Promotes Two Attorneys to Counsel
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July 7, 202130 Downey Brand Attorneys Named 2021 Northern California Super Lawyers and Rising Stars
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July 8, 202025 Downey Brand Attorneys Named 2020 Northern California Super Lawyers and Rising Stars
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June 26, 201922 Downey Brand Attorneys Recognized as 2019 Northern California Super Lawyers and Rising Stars
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January 1, 2019Downey Brand’s Sacramento Office Welcomes Brian E. Hamilton
Speaking Engagements / Events
3 related items-
September 30 & October 1, 2024From Delta to Drought: California Water Rights, Water Supply, and Land Use LawArgent Communications 38th Annual California Water Law & Policy Conference
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December 1, 2023SGMA and Groundwater Comprehensive Update: Basin Boundaries, Sustainability Agencies and Plans, and Streamlined AdjudicationsCounty Counsels' Association of California Fall 2023 Land Use Study Section Meeting
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May 17 & 19, 2022California Water Management, Policy, and Regulation in This Time of ExtremesArgent Communications 36th Annual California Water Law & Policy Virtual Conference
Publications
11 related items-
January 2024January 2023 Floods Blamed on Permitting Delays by the California Department of Fish and Wildlife – Lawsuits Filed
California Land Use Law & Policy Reporter, Volume 33, Number 4 -
October 2023District Court Dismisses Claim That 2018 Amendments to the Bay-Delta Plan Discriminate Against the U.S. Bureau of Reclamation
California Water Law & Policy Reporter, Volume 34, Number 1 -
July 2023California Drought and Flood Streamlining Trailer Bill: Floodwater Diversion Exception and Drought Control Measures
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 10 -
January 2023In a Major Regulatory Step, FERC Approves Removal of Four Dams on the Klamath River
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 4 -
November 2022Ninth Circuit Finds no Waiver of California’s Water Board’s Section 401 Certification Authority–The Latest in the Battle of Authority to Regulate Federal Hydropower Projects
Western Water Law & Policy Reporter, Volume 27, Number 1 -
June 2022California Department of Water Resources Releases Draft Update Central Valley Flood Protection Plan
California Water Law & Policy Reporter, Volume 32, Number 9 -
March 2022DWR Deems Groundwater Sustainability Plans for 12 Critically Overdrafted Basins Incomplete and Require Revision
California Water Law & Policy Reporter, Volume 32, Number 6 -
December 2021Fresno County Superior Court Denies Westlands Water District’s Validation Action on its Federal Water Repayment Contract
California Water Law & Policy Reporter, Volume 32, Number 3 -
November 18, 2020Congress Considers Amendment to Expand Reach of the Water Infrastructure Finance and Innovation Act
Argent Communications Group -
July 2020Court Finds Delta Plan Valid Despite Lack of Enforceable Numeric Compliance Targets
California Water Law & Policy Reporter, Volume 30, Number 10 -
February 2020Court Declines to Address Issue of Future Prescription in Appeal to Santa Maria Groundwater Adjudication
California Water Law & Policy Reporter, Volume 30, Number 5
Before becoming an attorney, Brian sought high-pressure experiences as a volunteer firefighter/EMT and a line cook in fine dining. Brian is also a two-time Jeopardy! champion. Brian spends his time away from the office with his wife Christina, daughter Sofia, and dog Ziggy. Brian still has a passion for cooking and has become an avid—but terrible—golfer.
Professional, Community And Pro Bono Involvement
- Sacramento County Bar Association, Environmental Law Section, Board of Directors, 2018-present
- California Lawyers Association, Environmental Law Section
- Sacramento Metro EDGE
- California Water Law & Policy Reporter, Contributing Author
Honors & Rankings
- Best Lawyers in America©, Ones to Watch, Litigation – Environmental Law, Environmental Law, Natural Resources Law, 2023-2025
- Super Lawyers, Northern California Rising Star, Energy & Natural Resources, 2018-2024
- Clerkship, Justice Ron D. Parraguirre, Supreme Court of Nevada, 2012- 2014
- Externship, Honorable Kimberly J. Mueller, United States District Court, Eastern District of California, 2011
- Outstanding Student Achievement Award, Day Division, 2012
- Traynor Honor Society
- University of the Pacific Law Review, Editor-in-Chief