Samuel E. 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 can have substantial impacts on critical water supplies for agricultural, municipal, and industrial users. Some of Sam’s most significant matters include the representation of water right applicants seeking to appropriate large quantities of historically unused flood flows from the Kings and Kern Rivers, senior Sacramento River water right holders defending against Endangered Species Act claims brought by environmental interest groups, and landowners who need to protect their groundwater rights from cutbacks associated with the implementation of the Sustainable Groundwater Management Act (SGMA). 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 in 2019.
Sam also understands that litigation is rarely the best first step for clients to take in resolving water rights disputes. Sam has resolved many of his clients’ cases without going to court by leveraging relationships with key federal and state officials, and through his pragmatic and collaborative approach to working with opposing parties.
In addition to his litigation practice, Sam provides advice and counsel to public and private clients on water rights and related environmental and constitutional 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
- Sacramento Magazine, Top Lawyer, Energy & Natural Resources, 2017
- Phi Beta Kappa
- Citation for Outstanding Performance in History
- UC Davis Fulmor Scholar
- 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 water users in multiple complex cases under sections 7 and 9 of the federal Endangered Species Act.
- Successfully defended California city’s water-neutral development fee from statutory and constitutional challenge brought by building industry associations.
- Initiated 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.
- Advises a variety of public clients on how to protect their water rights from attack under a variety of state and federal environmental and natural resource laws.
Announcements
10 related items-
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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January 3, 2023Downey Brand Names Three New Partners
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July 7, 202232 Downey Brand Attorneys Named 2022 Northern California Super Lawyers and Rising Stars
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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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July 16, 201821 Downey Brand Attorneys Selected as 2018 Northern California Super Lawyers and Rising Stars
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July 14, 201752 Downey Brand Attorneys Make Sacramento Magazine’s 2017 Top Lawyers List
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December 12, 2014Downey Brand Welcomes Three New Associates
Speaking Engagements / Events
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October 21, 2023Kern River Water Rights – A Case Study32nd Annual Environmental Law Conference at Yosemite®
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October 14, 2021“If you build it…”Panelist, 30th Annual Environmental Law Conference at Yosemite
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January 16, 2019Understanding California Surface Water RightsPresenter, HalfMoon Education Seminar on Water Laws and Regulations
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June 11, 2018ESA Regulation and Water Rights: The Klamath Decision on TakingsCo-presenter, Argent Communications 33rd Annual California Water Law & Policy Conference
Legal Alerts
1 related itemsPublications
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June 2023California Department of Water Resources Approves 12 Groundwater Sustainability Plans for Non-Critically Overdrafted Basins
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 9 -
June 2023National Marine Fisheries Service Maintains Endangered Listing Status for Southern California Steelhead
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 9 -
June 2, 2023Hurdles Remain for Colorado River Agreement
Daily Journal -
May 2023Napa County Groundwater Pumping Exceeded Sustainable Yield in Water Year 2022
California Water Law and Policy Reporter, Volume 33, Number 8 -
May 2023California Court of Appeal Upholds State Water Resources Control Board’s General Waste Discharge Requirements in WQO 2018-0002
California Water Law and Policy Reporter, Volume 33, Number 8 -
February 2023California Tribes and Environmental Organizations File Civil Rights Complaint and Petition for Rulemaking with EPA for Bay-Delta Water Quality Standards
California Water Law & Policy Reporter, Volume 33, Number 5 -
February 2023Biden Administration Finalizes Part 1 of New ‘Waters of the United States’ Rule
California Land Use Law & Policy Reporter, Volume 32, Number 5 -
May 2022Environmental Interest Groups Challenge Groundwater Sustainability Plans for the Butte, Colusa, and Vina Subbasins
California Water Law & Policy Reporter, Volume 32, Number 8 -
September 7, 2020Council on Environmental Quality Publishes Final Rule Updating NEPA’s Implementing Regulations
Argent Communications Group -
May 6, 2020California Department of Fish and Wildlife Issues Incidental Take Permit for Long-Term Operations of the State Water Project
Argent Communications Group -
February 2020Environmental and Fishing Organizations Challenge Approval of Grasslands Bypass Project Under State and Federal Law
California Water Law & Policy Reporter, Volume 30, Number 5 -
October 29, 2018Agencies Propose Reforms to Endangered Species Act Regulations
Daily Journal
When not advocating on behalf of his clients, Sam enjoys playing golf and tennis, reading, and cooking.
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
- Sacramento Magazine, Top Lawyer, Energy & Natural Resources, 2017
- Phi Beta Kappa
- Citation for Outstanding Performance in History
- UC Davis Fulmor Scholar