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Experience
Representation of numerous clients before the State Water Resources Control Board, both in applications for appropriative water rights and in connection with the issuance of waste discharge permits. Experience includes the Bay-Delta water rights hearings and also includes NEPA/CEQA issues and compliance with the state and federal Endangered Species Acts.
Lead counsel in the transfer of 50,000 af of water from the Sacramento Valley to Metropolitan Water District of Southern California in 2003; Counsel of Record in the transfer of 160,000 af of water from the Sacramento Valley to Westland's Water District in 2001.
Lead attorney for the preparation of an EIR in connection with a groundwater conveyance project in the San Joaquin Valley.
Extensive experience representing public agencies as general counsel, including issues relating to the Ralph M. Brown Act, public finance, and elections.
Lead counsel for consortium of local agencies in connection with $25 million cost-share financing of flood control project for West Sacramento.
Lead counsel for local agency in connection with cost-share financing of $10 million flood control project in the Sutter Basin.
Lead counsel for local agency in connection with the preparation of watershed management plan (includes financing for capital improvements).
Special counsel for formation of a variety of reclamation districts (includes financing for operation and maintenance of facilities).
Representation of clients in connection with the ongoing Bay-Delta proceedings.
Representation of clients in litigation over rights to groundwater.
Lead attorney in CEQA litigation alleging adverse health effects from electromagnetic frequency radiation emitted from cellular telephone towers.
Professional Honors
Awarded "Citizen of the Year" for five years of dedicated service with the Sacramento Area Council of Governments (SACOG) Transportation Air Quality Collaborative.
General
Leader of Downey Brand's Water Law Practice Management Group.
MEMBERSHIPS
Water Resources Center Archives, Advisory Board
American Bar Association Water Resources Committee, Chair
Valley Vision - Scenario Planning - Future of the Sacramento Region, Former Participant
Sacramento Transportation and Air Quality Collaborative, Participant
Sacramento Metropolitan Chamber of Commerce, Air Quality and Transportation Committee, Member and Former Chair
Association of California Water Agencies, Member; Water Quality Committee, Former Member; Groundwater Committee, Member
Sacramento Metropolitan Chamber of Commerce, Natural Resources Committee, Land and Transportation Committee, and Air Quality Subcommittee, Member
American Lung Association and Sacramento Metropolitan Chamber of Commerce Cleaner Air Partnership, Clean Fuels Forum, Member
Cap-to-Cap Air Quality Team, Co-Chair
State Bar of California, Environmental Law Section, Real Property Section, Public Law Section, Member
Sacramento County Bar Association, Environmental Law Section, Member
United States District Court for the Eastern and Central Districts of California, Admitted to Practice
United States Court of Appeals for the Ninth Circuit, Admitted to Practice
Groundwater Resources Association of California, Member
Rocky Mountain Mineral Law Foundation, Member
EDUCATION
University of California, Berkeley, School of Law (Boalt Hall) (J.D., 1989)
Princeton University, Department of Politics (M.A., 1985)
Stanford University (A.B With Honors in Humanities and With Distinction, 1981)
PUBLICATIONS
California Water Law & Policy Reporter, "Ball, Strike or Balk? Public Accountability and Judicial Restraint in Re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings," November 2005, Co-Author
American Bar Association, Section on Environment, Energy and Resources, Water Resources Committee Newsletter, Reclamation Determines Beneficial Use of Water by California 's Imperial Irrigation District, August 2003, Author
California Water Law & Policy Reporter , Groundwater Management in California : The Sax Report and Beyond, July 2002, Author
California Water Law & Policy Reporter, Is Water Ripe for the Taking? The SWRCB's Lower Yuba River Decision and the Public Trust Doctrine, July 2001, Author
California Water Law & Policy Reporter, Property Rights Triumphant: City of Barstow v. Mojave Water Agency, October 2000, Author
California Water Law & Policy Reporter, Affirming Secure Property Rights in Water: Barstow v. Mojave Water Agency, July 1998, Author
California Water Law & Policy Reporter, CALFED Issues Revised Phase II Report, February 1998, Author
California Water Law & Policy Reporter, "Proposition 218: How will it affect California Water Agencies?" November 1996, Author
Hydrovisions (Publication of the Groundwater Resources of California ), The Butte County Initiatives: Groundwater Management at a Crossroads? August/sSeptember 1996, Author
California Water Law & Policy Reporter, "Sneak Preview: CVPIA Programmatic Environmental Impact Statement Presents Sobering Predictions," May 1996, Co-Author with Janet K. Goldsmith
California Water Law & Policy Reporter, "Legislative Summary 1994: A Look Back at a Year of Great Promise but Modest Gains", March 1995, Author
California Environmental Law & Regulation Reporter, "From D-1485 to Delta Smelt: A Description of the Controversy Surrounding the Bay-Delta Estuary," September 1994, Co-Author with Kevin O'Brien
California Water Law & Policy Reporter, 1993-Present, Editorial Board Member
California Water Law & Policy Reporter, "Water-User Transfer Legislation: Is it Needed?" November 1993, Co-author with George Basye
American Law of Mining 2d, Chapter 14, "Reservations and Withdrawals," January 1992, Author
Sacramento County Bar Association Docket, Vol. 91 No. 9, "Clearing the Air -- Sacramento 's Air Quality Attainment Plan," September 1991, Author
15 Ecology Law Quarterly, 671, "Public Use and Treatment as an Equal: An Essay on Poletown Neighborhood Council v. City of Detroit and Hawaii Authority v. Midkiff," 1988, Author
PRESENTATIONS
Association of California Water Agencies Semi-Annual Conference, “What is Overdraft and Why Should I Care?” 2003, Speaker
49th Annual Rocky Mountain Mineral Law Institute, “California 's Other ‘Dual System:' Coordinated Management of Groundwater and Surface Water,” 2003, Faculty
Association of California Water Agencies Continuing Legal Education Conference, “State Preemption of Groundwater Transfers: The Sequel to Baldwin v. County of Tehama,” 2002, Faculty
CLE International Water Law Seminar, “Innovation Within a Regulated Market: New Models for Water Transfers,” 2002, Faculty
Association of California Water Agencies Continuing Legal Education Conference, “Recent Developments: Public Records Act, Ralph M. Brown Act, and Political Reform Act,” 2001, Faculty
State Bar of California, Natural Resources Subsection of the Real Property Section, “Conservation and the Public Trust Doctrine,” 2001, Faculty
Water Education Foundation Executive Briefing, “The Implications of Barstow v. Mojave Water Agency,” 1999, Faculty
State Bar of California, Natural Resources Subsection of the Real Property Section, “City of Barstow v. Mojave Water Agency: Barstow, We Have a Problem,” 1998, Faculty
Water Education Foundation, Pre-Conference Seminar, “Legal Issues Associated with Groundwater Transfers,” 1998, Faculty
Association of California Water Agencies, Semi-annual Conference, “Legal Considerations in Transferring Groundwater,” 1997, Speaker
Legislative Water Forum, “The Bay-Delta Water Rights Hearing,” Presenter
Aggregate Producers Association of Northern California, “Liquid Gold - A Summary of California Water Law,” 1997, Speaker
CLE International Water Law Seminar, Los Angeles, “How are Local Agencies Coping with Proposition 218?” 1997, Faculty
Sacramento Area Water forum, “Impacts of Proposition 218 on the Implementation of the Sacramento Area Water Forum Agreement,” 1997, Speaker
Association of California Water Agencies Semi-Annual Conference, “What does Proposition 218 mean for California Water Agencies?” 1996, Speaker
State Bar of the California Natural Resources Subsection of the Real Property Section, “Valuing Water Rights,” 1996, Faculty
CLE International Water Law Seminar, San Francisco, “New Ways to Undertake Water Projects: Watershed Management,” 1996, Faculty
CLE International Water Law Seminar, San Francisco, “Valuing Water Rights,” 1995, Faculty.
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