Rebecca R. A. Smith
Partner / Recruiting Partner
Clients facing challenging, sensitive, or complex water law issues rely on Rebecca Smith’s expertise to best map their path.
Rebecca provides thoughtful, careful guidance to both public agencies and private sector clients on water rights, groundwater management issues, and environmental compliance, among other topics.
Rebecca counsels both public and private sector clients on water rights, water supply, land use and development, and environmental compliance under state and federal law. She provides sophisticated, client-centric advice on water rights, groundwater management, and CEQA/NEPA compliance. She provides cutting-edge expertise in groundwater law and devotes significant time in her practice helping clients to understand their emerging issues, obligations, and opportunities under the Sustainable Groundwater Management Act. Rebecca is well-versed in administrative procedure, and counsels clients through the permitting and appeals processes at the State Water Resources Control Board, through local agency appeals, and before federal agencies including the Bureau of Land Management and the Bureau of Reclamation.
Rebecca is proactive in building creative, efficient solutions for her clients. A thoughtful and collaborative general counsel, Rebecca has special expertise counseling clients on California Public Records Act (PRA) issues, state and local elections, Brown Act compliance, assessment and fee practices, FPPC compliance, petitions for writs of mandate, and other matters of special concern to public agencies.
Rebecca is active both in the firm’s Water Law practice and in its well-reputed Food and Ag practice. Because of joint involvement in these complementary practice areas, Rebecca lends a special understanding of food production and agricultural legal issues to her water law practice.
Professional, Community And Pro Bono Involvement
- Water Education Foundation, Board of Directors, 2019-present
- Water Education Foundation Water Leaders Fellowship, Class of 2018
- Center for Land-Based Learning, Board of Directors, Chair, 2022-present; Vice Chair, 2020-2021; Secretary 2018-2019
- Sutter Davis Hospital Foundation, Board of Trustees, 2018-present
- University of California at Davis Extension, Sustainable Groundwater Management Act, Instructor, 2017-present
- Sacramento County Public Law Library, “Lawyers in the Library” Pro Bono Project, Volunteer, 2011-2018
- Milton L. Schwartz – David F. Levi American Inn of Court, 2022-present
- Association of Women in Water, Energy and the Environment
- Groundwater Resources Association
- American Bar Association, 2010-present
- American Agricultural Law Association, 2012-present
- Sacramento County Bar Association, Environmental Law Section, 2010-present
- California Lawyers Association, Environmental Law Section
- Davis Chamber of Commerce
- University of California at Davis Block CA Society, 2010-present
- Notre Dame Public Defender Program, South Bend Juvenile Justice Center, Student Attorney, 2009-2010
- California Water Law Journal, Advisor, 2013-present
Honors & Rankings
- Best Lawyers in America©, Natural Resources Law, Water Law, 2024-2025
- Sacramento Business Journal, 40 Under 40, 2021
- Super Lawyers, Northern California Super Lawyers, Land Use/Zoning, 2023-2024
- Super Lawyers, Northern California Rising Star, Land Use/Zoning, 2021
- Sacramento Magazine, Top Lawyer, Energy & Natural Resources, Environmental, 2023
- Journal of College and University Law, Editor-in-Chief, 2009-2010
- Journal of College and University Law, Staff Writer, 2008-2010
- Externship, Honorable William M. Skretny, United States District Court, Western District of New York, 2008
- Counsel clients on claims of riparian and pre-1914 water rights, investigate water rights, and advise clients in interactions with the State Water Resources Control Board.
- Delaware Tetra Technologies, Inc. v. County of San Bernardino; Center for Biological Diversity v. County of San Bernardino. Representing County in defense of six coordinated actions challenging the Cadiz Groundwater Conservation, Recovery and Storage Project under CEQA and the County’s Desert Groundwater Management Ordinance. Prevailed at trial on all claims in all six actions.
- Prepare motion for summary judgment for community services district relating to a claim for tax refund, resulting in a $2 million judgment for client.
- Draft legislation protecting landowner voting structure of irrigation district, and interface with legislative staffers to ensure the bill’s passage.
- Counsel joint powers authority on matters relating to authority’s powers and obligations under the California Joint Powers Authority Act, and provide advice regarding the restructuring of that authority.
- Prepare election materials and provide legal guidance regarding election procedures for numerous public agency clients, including California Water Districts, Reclamation Districts, Irrigation Districts, and Community Services Districts. During particularly contentious elections, provide valuable on-site legal advice regarding election challenges and voting procedures.
- Counsel clients on issues relating to U.S. Bureau of Reclamation water contracts, water allocation and shortage policies, and compliance with federal Reclamation law.
- Perform detailed CEQA analysis for private developer in connection with permit applications related to second phase of ongoing development project.
- Counsel farming and winery clients on land acquisition matters, including easements, title restrictions, water rights, and development restrictions.
- Assist clients in developing and evaluating water supply assessments and developing water supply policies, for future development and current needs.
- Counsel public agency client through an election to change the rates and methods of apportionment of a special tax under the California Elections Code and the Mello Roos Act.
- Extensive experience responding to, drafting, and challenging requests for public records under the California Public Records Act and the Freedom of Information Act.
- Represent municipality in large-scale CEQA and groundwater litigation.
- Prepare and defend comprehensive administration record in advance of litigation.
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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August 1, 202338 Downey Brand Attorneys Named Top Lawyers by Sacramento Magazine
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June 30, 202342 Downey Brand Attorneys Named 2023 Northern California Super Lawyers and Rising Stars
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May 2, 2022Rebecca Smith Elected Chair of Center for Land-Based Learning
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October 29, 2021Rebecca Smith Named 40 Under 40 by Sacramento Business Journal
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July 7, 202130 Downey Brand Attorneys Named 2021 Northern California Super Lawyers and Rising Stars
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January 15, 2020Downey Brand Names Two New Partners
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March 1, 2019Rebecca Smith Joins Board of Directors at Water Education Foundation
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December 20, 2017Downey Brand Promotes Four New Counsel
In the News
1 related items-
May 16, 2024CA Water Law Symposium: Water Rights Enforcement in California
Maven's Notebook
Speaking Engagements / Events
31 related items-
February 24, 2024Water Rights Enforcement in California2024 California Water Law Symposium - 1913 to Now: Diversifying Solutions to Water Governance in California
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November 29, 2023Protecting Local Ratemaking AuthorityACWA 2023 Fall Conference & Exhibition
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November 2-3, 20232023 Water Law InstituteThe Foundation for Natural Resources and Energy Law
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June 7, 2023Considerations for Demand Management: Creative Approaches to Complement Supply AugmentationPanelist, 2023 SGMA Implementation Summit & Workshop
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May 5, 2023Dividing the Waters: Focus on States’ Approaches to Groundwater and Recent DevelopmentsPresenter, Western Agricultural and Environmental Law Conference
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February 4, 2023Conflicting Interests Between Agriculture & Species Conservation2023 California Water Law Symposium - Diverse Needs: Species Protection & Water Supply
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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
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April 21, 2022Waterside ChatPanelist, Center for Land-Based Learning Event
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April 8, 2022Water 101 Workshop: The Basics and BeyondPresenter, Water Education Foundation Workshop
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January 30, 2021Innovations in Water Storage As A Response To Climate Change2021 California Water Law Symposium, Climate Change: Adapting to a Warming Climate
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June 1, 2020Restarting the Machine: A Roundtable Discussion About Issues Facing Local and State Government Agencies as They ReopenSCBA Public & Environmental Law Sections, Webinar
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April 22, 2020Sustainable Groundwater Management ActCo-instructor, UC Davis Extension
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April 17, 2020COVID-19 Webinar No. 5: Considerations for Businesses & Employers in the Food & Ag IndustryDowney Brand COVID-19 Webinar Series
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March 20, 2020COVID-19 Webinar No. 1: Considerations for Businesses & EmployersDowney Brand COVID-19 Webinar Series
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February 20, 2020Legal and Institutional Management FrameworkPresenter, Water Education Foundation Water 101 Workshop
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May 10, 2018Ethics Training: Conduct and Ethics Training for Water Agency Officials: A Primer on AB 1234Co-Presenter, ACWA 2018 Spring Conference & Exhibition
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December 13, 2017AB 1234 Ethics Training for Local Agency Officials
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October 26-27, 2017Too Much Water Too Fast: Conjunctive Management of Ground and Surface Water in Wet PeriodsPresenter, Law Seminars International 5th Annual Conference on Tribal Water Law in California
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October 3, 2017Groundwater Rights: Management, Regulation, and ExercisePresenter, HalfMoon Education Seminar on California Water Laws, Regulations and Recent Developments
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September 22, 2017Sustainable Groundwater Management Act (SGMA) UpdateModerator, Bay Planning Coalition Annual Energy and Water Nexus
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September 2017Navigating the Prop. 218 MinefieldPresenter, NCWA Groundwater Task Force
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June 12-13, 2017California’s Water Law, Policy and Regulation: Coping with Drought, Floods and the New Federal AdministrationArgent Communications 32nd Annual California Water Law & Policy Conference
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June 12, 2017Financing SMGA Implementation: Navigating the Prop. 218 MinefieldPresenter, Argent Communications 32nd Annual California Water Law & Policy Conference
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April 21, 2017Sustainable Groundwater Management ActCo-instructor, UC Davis Extension
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September 15-16, 2016Ethical Considerations for Water Agency Attorneys in SGMA’s Brave New WorldCo-presenter, ACWA 2016 CLE Conference
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April 15, 2015Introduction to California Water Law and Water Right Valuation IssuesIndustry Presentation
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February 12, 2015Water Rights 101ARE 145 Guest Lecturer, UC Davis
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December 2013Public Agency Ethics 101Speaker, Association of California Water Agencies (ACWA)
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June 2013Wineries and the Food Safety Modernization ActSpeaker, American Society for Enology and Viticulture Conference
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December 2012Public Agency Ethics TrainingSpeaker, Downey Brand Training
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April 2012Groundwater 101Speaker, California Department of Public Health
Blogs
2 related items-
July 25, 2017DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit
CEQA Chronicles -
March 6, 2017CEQA Implications of California Supreme Court Decision Finding Public Officials’ and Employees’ Personal Accounts Do Not Escape Reach of Public Records Act
CEQA Chronicles
Legal Alerts
17 related items-
June 9, 2022State Water Board Issues Sweeping Water Right Curtailment Order in 2022 for the Sacramento-San Joaquin Delta Watershed
Water Law -
December 9, 2021FDA Announces Proposed Changes to Agricultural Water Requirements Under the Food Safety Modernization Act
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August 17, 2021State Water Board Issues Emergency Regulations for Curtailments in Delta Watershed
Water Law -
April 8, 2020Sacramento County Health Officer Extends Stay at Home Order through May 1, 2020; Additional Clarifications for Essential Businesses
Downey Brand COVID-19 News and UpdatesPublic Agency -
March 23, 2020UPDATED: Additional Guidance Provided on Critical Infrastructure Worker Designations in Wake of Statewide Order to Stay Home
Downey Brand COVID-19 News and UpdatesPublic Agency -
March 20, 2020Statewide Order to Stay Home Prompts Questions Regarding Critical Infrastructure and Worker Classifications
Downey Brand COVID-19 News and UpdatesPublic Agency -
March 18, 2020UPDATED: In Response to Concerns Regarding COVID-19, Governor Newsom Grants Additional Flexibility for Public Agency Teleconference Meetings
Downey Brand COVID-19 News and UpdatesPublic Agency -
March 12, 2020In Response to Concerns Regarding COVID-19, Governor Newsom Suspends Some Requirements applicable to Public Agency Teleconference Meetings
Downey Brand COVID-19 News and UpdatesPublic Agency -
February 13, 2019New Law Mandates That Special Districts Maintain Public Websites by January 2020; Limited Exemptions Available
Public Agency -
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 -
July 24, 2017WaterFix EIR Certification and NOD Client Alert
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 -
August 18, 2015Showdown at California Supreme Court over Waiver of Attorney-Client Privilege in Public Records after Inadvertent Disclosure
Public Agency -
March 4, 2015California Supreme Court Delivers Long-Awaited Ruling In Berkeley Hillside
Land Use Law -
May 6, 2014Orange County Trial Court Upholds Cadiz Valley Groundwater Project
Water Law
Publications
9 related items-
April 2020Class Action Challenges Public Agencies’ Retail Water Rates Under Proposition 218
California Water Law & Policy Reporter, Volume 30, Number 7 -
December 11, 2019California Groundwater Management Milestone Looms
Daily Journal -
March 17, 2017Private Emails, Texts, Not Immune From Disclosure
Sacramento Business Journal -
May 2016Addressing the California Department of Water Resources’ Draft Emergency Regulations on Groundwater Sustainability Plans
California Land Use Law & Policy Reporter, Vol. 25, No. 8 -
2010-2015California Water Law and Policy Reporter
Contributing Author -
January 2014Upgraded Conservation Pricing: Proposition 218, Smart Meters, and the Step Beyond Tiered Rates
California Water Law Journal -
October 2013Food and Drug Administration Proposes New Rules for Agricultural Water
California Water Law & Policy Reporter, Volume 24, Number 1 -
September 1, 2013Food Safety: Inspections, Compliance Strategy and Opportunities for Comment
Practical Winery & Vineyard -
August 2012Legal Issues in Vineyard Development and Expansion
California Association of Winegrape Growers
Born into a family of veterinarians and a lifelong California native, Rebecca has a deep appreciation for the land, history, and agriculture of California. Rebecca also understands the importance of tenacity and hard work to success: As an undersized freshman, Rebecca fought her way to a spot on UC Davis’s 2003 Division II National Championship-winning rowing team.
Rebecca is a passionate water lawyer with a close connection to her clients and the people and land they serve.
Prior to her time at Downey Brand, Rebecca attended the University of Notre Dame Law School, where in addition to legal skills, she polished her talents as a member of the Notre Dame Women’s Boxing Team and developed an on-going appreciation for Notre Dame football. Now, when Rebecca is away from the office, you’ll find her back home in California, cheering on the Fighting Irish every fall with a glass of wine in hand.
Rebecca Smith is a leader on the firm’s food safety compliance team. She has particular expertise in the Food Safety Modernization Act, and has written and presented in great depth on the legal issues presented by that federal law. In connection with this expertise, Rebecca counsels farming, food processing, and wine clients on recalls, supply contracts, and food safety regulatory compliance.
Rebecca participates both in the Food and Ag Practice and in the firm’s well-reputed Water Law practice. With these complimentary skill sets, Rebecca frequently advises clients in the farming, wine, and alcoholic beverage industries on land acquisition matters and water supply issues, in addition to food safety compliance matters. These clients also benefit from Rebecca’s experience in reviewing and drafting supply and service contracts, negotiating leases and easements, and in ensuring compliance with state and federal contract and bidding rules.
Rebecca is in demand as a public speaker and author, and regularly gives presentations on food safety compliance, land use issues, and public agency law to clients and industry groups.
Experience
- Advise winery on new compliance issues raised by the Food Safety Modernization Act (FSMA), and identify best practices for distribution of pumice, tasting room management, and restaurant garden management.
- Counsel clients on food safety compliance, including food safety protocols required by state and federal law and Food Safety Modernization Act (FSMA) compliance.
- Assist wine and alcoholic beverage distributor in negotiating distribution agreements and expanding supply network, including
Professional, Community And Pro Bono Involvement
- Water Education Foundation, Board of Directors, 2019-present
- Water Education Foundation Water Leaders Fellowship, Class of 2018
- Center for Land-Based Learning, Board of Directors, Chair, 2022-present; Vice Chair, 2020-2021; Secretary 2018-2019
- Sutter Davis Hospital Foundation, Board of Trustees, 2018-present
- University of California at Davis Extension, Sustainable Groundwater Management Act, Instructor, 2017-present
- Sacramento County Public Law Library, “Lawyers in the Library” Pro Bono Project, Volunteer, 2011-2018
- Milton L. Schwartz – David F. Levi American Inn of Court, 2022-present
- Association of Women in Water, Energy and the Environment
- Groundwater Resources Association
- American Bar Association, 2010-present
- American Agricultural Law Association, 2012-present
- Sacramento County Bar Association, Environmental Law Section, 2010-present
- California Lawyers Association, Environmental Law Section
- Davis Chamber of Commerce
- University of California at Davis Block CA Society, 2010-present
- Notre Dame Public Defender Program, South Bend Juvenile Justice Center, Student Attorney, 2009-2010
- California Water Law Journal, Advisor, 2013-present
Honors & Rankings
- Best Lawyers in America©, Natural Resources Law, Water Law, 2024-2025
- Sacramento Business Journal, 40 Under 40, 2021
- Super Lawyers, Northern California Super Lawyers, Land Use/Zoning, 2023-2024
- Super Lawyers, Northern California Rising Star, Land Use/Zoning, 2021
- Sacramento Magazine, Top Lawyer, Energy & Natural Resources, Environmental, 2023
- Journal of College and University Law, Editor-in-Chief, 2009-2010
- Journal of College and University Law, Staff Writer, 2008-2010
- Externship, Honorable William M. Skretny, United States District Court, Western District of New York, 2008