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.
He represents water districts, cities, counties, and private companies in obtaining, developing, and protecting their water rights. He regularly represents clients in connection with water transfers and the conjunctive use of surface water and groundwater.
As both general counsel and special counsel, he provides clients with unparalleled experience and insight in dealing with the intricate regulatory landscape, and in negotiating with other water rights holders, state and federal agencies, and environmental groups. He practices regularly before the State Water Resources Control Board, the California Department of Water Resources, and other state and federal agencies with control over water resources and endangered species. Most recently, David represented a large number of clients in the State Water Resources Control Board’s hearing on the California WaterFix project and in connection with the so-called “voluntary agreements” to update the Bay-Delta Water Quality Control Plan. He has also recently represented the Imperial Irrigation District before the State Water Resources Control Board in connection with the ongoing need to protect the Salton Sea. Lastly, he is currently advising a client before the State Water Resources Control Board in connection with the assignment of a “state-filing” upstream of the Delta.
Clients turn to David for his “out of the box” approach to solving problems. He masters the technical details of an issue and is then able to craft tailored legal and political strategies to provide cost-effective solutions for his clients. Recently, David was one of the lawyers who spent untold hours crafting ACWA’s proposal for new groundwater legislation. He also worked diligently during the legislative process to improve the bill on behalf of his clients. He is one of a small handful of lawyers in California who can identify the origins of most of the bill’s legislative provisions.
David believes that practicing law is about listening, not only to what is said but what is not said. Recently, in the midst of heated negotiations, the other party used a word that David didn’t expect – “fear.” The two of them talked about that fear and the way that it had infected the negotiations. After discussing specifics, they decided to re-write the critical provision of the agreement thereby resolving the dispute and putting all parties at ease. He believes that by listening carefully – to his clients and to those on the other side of a dispute – complex problems can be resolved and new opportunities can present themselves. Finding those solutions and helping clients find those opportunities – particularly in the context of long-standing relationships – is what he enjoys about practicing law.
Professional, Community And Pro Bono Involvement
- American Bar Association, Section of Environment, Energy and Resources. Past Chair, Water Resources Committee. Past Chair, Annual Water Law Conference
- Association of California Water Agencies (ACWA), Groundwater Committee
- National Judicial College, Dividing the Waters, Board of Advisors
- California State University, Office of the Chancellor, Water Resources Policy Initiatives
- Northern California Water Association
- Central Valley Clean Water Association
- California Lawyers Association, Environmental Law and Public Law Sections
Honors & Rankings
- AV Preeminent® Rating by Martindale-Hubbell®
- Best Lawyers in America©, Water Law, 2021-2023
- Sacramento Magazine, Top Lawyer, Environmental, Energy & Natural Resources, State, Local & Municipal, 2015-2020
- Sacramento Business Journal, Best of the Bar, 2015, 2017-2018
- American Bar Association, Best Paper, There is No Free Lunch: The Endangered Species Act, The Public-Trust Doctrine and the Takings Clause, April 2018
- Association of California Water Agencies, Excellence in Water Leadership, 2009
- Sacramento Area Council of Governments, Citizen of the Year, 2005
- Phi Beta Kappa Honor Society, 1980
- Representing a large group of Northern California water users (water districts, mutual water companies, private individuals and utilities) in proceedings before the State Water Resources Control Board relating to water quality and water right issues for the San Francisco Bay/Sacramento-San Joaquin River Delta Estuary, as well as in connection with the Delta Stewardship Council’s development and adoption of the Delta Plan.
- Recently defended the Monterey County Water Resources Agency in resolving a proposed revocation of a major water right, as well as on the implementation of the settlement agreement in that matter.
- Currently representing a joint powers agency that is pursuing an area of origin water right filing in the American River Basin.
- Currently representing San Bernardino Valley Municipal Water District in litigation challenging the designation of critical habitat for the Santa Ana sucker.
- Currently representing San Bernardino Valley Municipal Water District in water rights litigation for the Rialto-Colton groundwater basin in Southern California.
- Represented two water districts in San Bernardino and Riverside Counties as they successfully obtained water rights totaling almost 200,000 acre-feet/year (or enough water for a city of more than 100,000 people).
- Successfully represented the California Department of Corrections and Rehabilitation in City of Santee v. County of San Diego (2010) 186 Cal.App.4th 55, which was the first case approving “pre-development” agreements under the Save Tara doctrine.
- Represented the California Department of Corrections and Rehabilitation in the simultaneous preparation of three EIRs for new prison facilities, none of which were challenged.
- Represented the Association of California Water Agencies and the California Association of Sanitation Agencies in connection with California’s Recycled Water Policy, negotiating a settlement with environmental groups.
- Represented the Association of California Water Agencies and the Santa Ana Watershed Project Authority in connection with the water use efficiency legislation that became part of the 2009 comprehensive water package.
Announcements
12 related items-
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” -
August 19, 202119 Downey Brand Attorneys picked to represent The Best Lawyers in America® 2022
Two selected as 2022 Best Lawyers® “Lawyer of the Year” -
August 20, 202024 Attorneys from Downey Brand selected as The Best Lawyers in America© 2021
Two selected as 2021 Best Lawyers® “Lawyer of the Year” -
July 24, 202045 Downey Brand Attorneys Earn Top Lawyers Distinction from Sacramento Magazine
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May 1, 201949 Downey Brand Attorneys Distinguished as Top Lawyers by Sacramento Magazine
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August 27, 201818 Downey Brand Attorneys Recognized as Best of the Bar 2018
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June 29, 2018Sacramento Magazine Recognizes 54 Downey Brand Attorneys As Top Lawyers
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September 11, 201720 Downey Brand Attorneys Named Best of the Bar 2017
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July 14, 201752 Downey Brand Attorneys Make Sacramento Magazine’s 2017 Top Lawyers List
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July 15, 201660 Downey Brand Attorneys Make Sacramento Magazine’s 2016 Top Lawyers List
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September 8, 201511 Downey Brand Attorneys Selected as 2015 Best of the Bar
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July 14, 201551 Downey Brand Attorneys Named to Sacramento Magazine’s 2015 Top Lawyers List
In the News
3 related items-
June 15, 2015Court Battles Loom Over California’s Senior Water Rights
KQED -
March 13, 2013Legal Battles Over California Water Supplies Set to Escalate With Final Bay-Delta Plan
Bloomberg BNA, Water Law & Policy Monitor -
September 2008Gulp: Litigation Won’t End the Battles Over Depleted Water Resources in Several Regions of the United States
ABA Journal
Speaking Engagements / Events
24 related items-
June 21, 2019The Intersection of SGMA and the New Streamlined Adjudication Procedures: The Las Posas Basin Case StudyPresenter, Argent's 34th Annual California Water Law & Policy Conference
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April 17, 2018The ESA and Property Takings: One Fish, Two Fish, Is it Compensable?Panelist, ABA 36th Annual Water Law Conference
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March 14, 2018Can’t We Just Put the Water in the Ground?Panelist, ACWA Legislative Symposium
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February 8-10, 2017Sustainable Groundwater Management Act UpdatePanelist, Urban Water Institute's Spring Water Conference
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February 2-3, 2017Legal and Institutional Management FrameworkPresenter, Water Education Foundation Water 101 Workshop
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September 15, 2016Delta Issues: California WaterFix Aquatic SciencePresenter, Law Seminars International Hydrology and the Law Seminar
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September 15, 2016Hydrology and the LawLaw Seminars International
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March 17, 2016One Year Later: Implementing the Sustainable Groundwater Management ActPanelist, Water Education Foundation 33rd Annual Executive Briefing
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July 14, 2015Drought and State Intervention; Managing Groundwater in a New EraPanelist, The Bar Association of San Francisco Environmental Law Section
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June 16, 2015The Salton Sea and QSA DevelopmentsModerator, Argent Communications 30th Annual California Water Law & Policy Conference
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November 3, 2014California Considers Regulation of GroundwaterPanelist, CLE International’s 22nd Annual Water Law Conference
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October 20, 2014Water Supply Reliability: Where We’ve Been & Where We’re HeadedPresenter, ACWA Region 5 Fall Conference
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October 7, 2014The Role of Science in the Resolution of Legal Issues for Water Quality and Damages IssuesPanelist, Law Seminars International: Hydrology and the Law
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June 5, 2014Water Basins in Crisis: The Role of the Federal Government in Basin-Wide Water ManagementPresenter, American Bar Association's 32nd Annual Water Law Conference
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April 18, 2014Water Plans in Colorado and ElsewherePanelist, University of Denver Water Law Review Symposium: The California Water Plan
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March 2014Water Law 101Presenter, California League of Food Processors
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February 2014How Growers Can Survive the DroughtPresenter, California Association of Winegrape Growers Webinar
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September 2013The Nexus of Groundwater and Land Use PlanningPanelist, Stanford University: Water in the West Uncommon Dialogue Panel
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May 2013Constitutional Limits on Government Regulation of Water Rights: When is the Reallocation of Water a Taking?Presenter, ACWA Spring Conference
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March 2013Constitutional Limits on Government Regulation of Water RightsPresenter, Municipal Law Institute of the League of California Cities and the California Constitution Center, UC Berkeley School of Law
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February 2013Salt and Nutrient Management Plans: The Santa Ana ExperiencePresenter, Groundwater Resources Association of California
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October 2012The SWRCB’s General Order for Aquifer Storage & Recovery: A Missed OpportunityPresenter, CLE International Conference
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June 13, 2011Analysis of Recent Public Policy Institute of California ReportArgent Communications 26th Annual California Water Law & Policy Conference
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February 2011Water Transfers: Myths and FactsPresenter, Congressional Research Service
Legal Alerts
31 related items-
November 21, 2018State Water Resources Control Board Issues Draft Toxicity Policy – What You Need to Know
Water Quality Law -
September 13, 2018AB 2257: New Brown Act Requirements for Meeting Agendas on Local Agency Websites Effective for Meetings Held on and after January 1, 2019
Public Agency -
December 4, 2017California Supreme Court Confirms Certain Groundwater Pumping Charges are Outside Scope of Prop 218
Water Law -
April 7, 2017Appellate Court Holds That Constitution Overrides Statutory Exemption Related to Proposition 218 Assessments; Reclamation Districts Are Permitted to Assess School Districts
Water Law -
March 3, 2017California Supreme Court Rules Public Officials’ and Employees’ Personal Accounts Do Not Escape Reach of Public Records Act
Public Agency -
March 18, 2016Update: California Supreme Court Holds Inadvertent Production of Attorney-Client Privileged Documents under a Public Records Act Request Does Not Waive the Privilege
Public Agency -
February 23, 2016DWR Releases Draft Emergency Regulations for Groundwater Sustainability Plans
Water Law -
October 13, 2015Governor Signs Sustainable Groundwater Management Act Part II: Groundwater Adjudications Meet Groundwater Management
Water Law -
August 18, 2015Showdown at California Supreme Court over Waiver of Attorney-Client Privilege in Public Records after Inadvertent Disclosure
Public Agency -
June 6, 2015Appeals Court Decides Crucial Case On State Fish And Wildlife’s Extension Of Streambed Alteration Limits To Existing Water Diversions
Water Law -
April 21, 2015Court of Appeals Gives Guidance on How to Implement Tiered Pricing
Water Law -
April 2, 2015No End In Sight for California’s Drought– Governor Imposes Statewide Water Restrictions
Water Law -
September 2, 2014The New Groundwater Legislation: Opportunities and Challenges
Water Law -
July 21, 2014Sacramento Trial Court Extends the Public Trust Doctrine to Limit Groundwater Extraction
Water Law -
May 29, 2014Immediate Curtailment of Post-1914 Appropriative Water Rights
Water Law -
March 2014Governor Brown Signs Emergency Drought Legislation Into Law
Water Law -
January 2013Trial Court Rejects the Fish and Wildlife Department’s Novel Expansion of Streambed Alteration Regulations to Existing Water Rights
Water Law -
October 2012No Tax Relief for the Anexed: Court of Appeal Holds Proposition 218 Does Not Apply to Annexations
Water Law -
October 2010First District Court of Appeal Defers to Water Agency’s Discretion and Upholds Urban Water Management Plan, Rejecting Claim That Any “Uncertainty” About Future Water Supplies Requires Analysis of Alternative Supplies
Water Law -
July 2010Court of Appeal Holds That CEQA Is Not Triggered By a Public Agency’s Investigation of Sites for a Potential Project
Land Use Law -
June 2010California Supreme Court Confirms that the California Constitution Does Not Require Secret Ballots in Proposition 218 Ballot Proceedings
Water Law -
January 2010First District Court of Appeal Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218
Water Law -
December 2009Second District Court of Appeal Upholds EIR for Transfer of 41,000 Acre-Feet Per Year of State Project Water Despite Uncertain Status of the Monterey Agreement
Water Law -
June 2009U.S. Supreme Court Rules That EPA Cannot Issue “NPDES” For Discharges Requiring a Section 404 Dredge and Fill Permit From the Corps of Engineers
Water Law -
March 2009First Appellate District: The California Constitution Compels Local Governments to Keep Ballots Confidential in Fee Elections and to Inform the Public of That Fact
Water Law -
November 2008Rohnert Park Decision: Water Suppliers Given “Substantial Discretion” To Analyze Groundwater Sufficiency for New Developments
Water Law -
July 2008In a Landmark Case Interpreting Proposition 218, the California Supreme Court Expands the Judiciary’s Role in Reviewing the Adequacy of Local Benefit Assessments
Water Law -
June 2008EPA Excludes Water Transfers From Clean Water Act Permit Requirements
Water Law -
June 2008California Supreme Court Upholds CALFED Environmental Impact Report
Water Law -
April 16, 2008Court of Appeal Finds Water Supply Assessments Not Actionable Until Completion of Environmental Review Process
Water Law -
September 2007Applying Principles from the California Supreme Court’s 2007 Decision in Vineyard Area Citizens, Court of Appeals Upholds EIR Against Challenge to Water Supply Analysis
Water Law
Publications
21 related items-
April 2018There is No Free Lunch: The Endangered Species Act, The Public Trust Doctrine and The Takings Clause
Best Paper Award, ABA 36th Annual Water Law Conference -
Fall 2016California Groundwater Management: Laboratories of Local Implementation or State Command and Control?
Environmental Law News, Vol. 25, No. 2 -
March 4, 2016DWR Releases Draft Emergency Regulations for Groundwater Sustainability Plans
In the View, CLFP Electronic Newsletter -
Fall 2015Marketing the Sustainable Groundwater Management Act: Applying Economics to Solve California’s Groundwater Problems
ABA Natural Resources & Environment, Vol. 30, No. 2 -
May 2015Preparing for California’s New Water Management Model
The Crush, California Association Of Winegrape Growers Newsletter -
April 15, 2013When All You Have is a Hammer: Scientific Uncertainty and Bay-Delta Policy, 1995 to Present
ABA Natural Resources & Environment, Vol. 27, No. 4 -
Summer 2010The Public Trust Doctrine: New Frontiers for Sustainable Water Resources Management
ABA Natural Resources & Environment, Vol. 25, No. 1 -
January 2010Recycling the Process: Collaborative Interest-Based Negotiations in an Era of Climate Change
22 Pac. McGeorge Global Business & Development L.J 285 -
January 2010The Looming Conflict Between Low Impact Development and the Water Rights System
ABA Trends, Vol. 41, Issue 3 -
October 1, 2006Alice in Groundwater Land: Court Defines State Board ‘Subterranean Stream’ Jurisdiction
California Water Law & Policy Reporter -
2005Innovation Within a Regulatory Framework: The Protection of Instream Beneficial Uses of Water in California, 1978 to 2004
36 McGeorge L. Rev. 305 -
December 2004Proposal for Revisions to California’s Central Valley Flood Control System
Discussion Paper -
August 2003Reclamation Determines Beneficial Use of Water by California’s Imperial Irrigation District
The Water Resources Committee Newsletter -
July 1, 2003California’s Other “Dual System”: Coordinated Management of Groundwater and Surface Water
49th Annual Rocky Mountain Mineral Law Institute -
January/February 2003Downey Brand’s 75 Years of Water Law Practice: A History of Forging the Future
Sacramento Lawyer -
July 2002Groundwater Management in California: The Sax Report and Beyond
California Water Law & Policy Reporter -
July 2001Is Water Ripe for the Taking? The SWRCB’s Lower Yuba River Decision and the Public Trust Doctrine
California Water Law & Policy Reporter -
October 2000Property Rights Triumphant: Barstow v. Mojave Water Agency
California Water Law & Policy Reporter -
February 1999CalFed Issues Revised Phase II Report
California Water Law & Policy Reporter -
September 1994From D-1485 to Delta Smelt: A Description of the Controversy Surrounding the Bay-Delta Estuary
Co-author, California Environmental Law & Regulation Reporter -
1988Public Use and Treatment as an Equal: An Essay on Poletown Neighborhood Council v. City of Detroit and Hawaii Housing Auth. v. Midkiff
15 Ecology L. Q. 671
David loves cooking. One vacation, he spent the entire time making new foods (and pairing them with appropriate wines). In the end, he found that pesto was still the best food ever.
Professional, Community And Pro Bono Involvement
- American Bar Association, Section of Environment, Energy and Resources. Past Chair, Water Resources Committee. Past Chair, Annual Water Law Conference
- Association of California Water Agencies (ACWA), Groundwater Committee
- National Judicial College, Dividing the Waters, Board of Advisors
- California State University, Office of the Chancellor, Water Resources Policy Initiatives
- Northern California Water Association
- Central Valley Clean Water Association
- California Lawyers Association, Environmental Law and Public Law Sections
Honors & Rankings
- AV Preeminent® Rating by Martindale-Hubbell®
- Best Lawyers in America©, Water Law, 2021-2023
- Sacramento Magazine, Top Lawyer, Environmental, Energy & Natural Resources, State, Local & Municipal, 2015-2020
- Sacramento Business Journal, Best of the Bar, 2015, 2017-2018
- American Bar Association, Best Paper, There is No Free Lunch: The Endangered Species Act, The Public-Trust Doctrine and the Takings Clause, April 2018
- Association of California Water Agencies, Excellence in Water Leadership, 2009
- Sacramento Area Council of Governments, Citizen of the Year, 2005
- Phi Beta Kappa Honor Society, 1980