Sam Bivins

Partner

Sam Bivins helps clients secure and protect their water rights at the State Water Resources Control Board and in federal and state courts.

Sam’s practice focuses on water rights litigation and related environmental disputes that impact critical water supplies for agricultural, municipal, and industrial users. His litigation work includes the successful defense of senior water right holders against Endangered Species Act claims brought by environmental interest groups, a high-profile groundwater adjudication that protected landowners facing curtailment of their groundwater rights under the Sustainable Groundwater Management Act (SGMA), the representation of a mutual water company in eminent domain litigation against the federal government, and the successful defense of a county against challenges to its actions under SGMA at trial and on appeal. Sam has also successfully resolved a variety of disputes involving assessments and fees associated with water supply projects and regulatory actions, such as obtaining a defense judgment upholding a California city’s water neutral development fee and recovering substantial amounts of delinquent local agency assessments from the State of California. Sam has also successfully resolved many of his clients’ disputes without litigation by leveraging relationships with key federal and state officials, and through his pragmatic and collaborative approach to working with opposing parties.

Sam has unparalleled expertise with adjudicative hearings before the State Water Resources Control Board. He represents multiple clients before the Board in their efforts to obtain or protect water rights on the Bear, Kern, Kings, and Santa Ynez Rivers. Before returning to Downey Brand in 2026, Sam also spent two years serving as a senior hearing officer at the State Water Board’s Administrative Hearings Office, where he heard and decided a wide variety of enforcement and permitting cases. Sam’s combination of experience as both an advocate and a hearing officer gives him a unique perspective on how his clients can successfully navigate permitting and enforcement matters at the State Water Board.

In addition to his litigation and regulatory practice, Sam provides strategic advice and transactional support to public and private clients on a wide variety of environmental and water right issues. Clients repeatedly look to Sam for help because they know they’ll receive practical, strategic, and straightforward advice delivered in a cost-efficient way.

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