Contact Information

555 Capitol Mall 9th Floor

Sacramento CA 95814

916.325.5850

matlas@mhalaw.com

Practice Focus

Public Law

Environmental

Water

J. Mark Atlas | Of Counsel

Professional Experience

Water law attorney Mark Atlas, of Frost, Krup and Atlas in Willows, California, has been Of Counsel to McDonough since 2001. For more than three decades, Mark has been representing water and irrigation districts and individual clients in water rights, contracting and water transfer matters. He has intensive general counsel experience with public agencies, especially water, irrigation and community services districts, in the full range of public law issues affecting such entities. His clients include municipalities, public and private water rights holders and contractors with major water projects. He has particular expertise in contract and grant negotiations and represents clients in water rights issues before the California State Water Resources Control Board.

During his career Mark has dedicated himself to protecting and expanding the rights of public and private clients to the prudent use of water. He has appeared before federal and state legislative committees on matters affecting federal Reclamation law, the Central Valley Project and state water rights issues. He is a charter member of the Advisory Committee of the Family Farm Alliance, a nonprofit grassroots organization composed of family farmers and those in related industries dedicated to preserving the tradition of irrigated agriculture throughout the Western states.

His work includes assisting cities, public agencies and private businesses in acquiring water and building the infrastructure necessary for new development.

Representative Matters

Intensive experience as General Counsel to a broad array of public agencies that provide agricultural and municipal water, wastewater, road maintenance and fire protection services. Advice includes compliance with the Ralph M. Brown Act, Public Records Act, and public construction and employment issues.

Special water counsel to water purveyors including cities, irrigation districts, community services districts and California water districts in Northern and Central California.

Provides advice to public agency and private clients on water supply policies, groundwater management plans and water supply assessments (SB 610 and SB 221).

Extensive experience with U.S. Bureau of Reclamation water contracts, water allocation and shortage policies, and compliance with federal Reclamation law.

General Counsel to one of only three Joint Powers Authorities that operates major features of the Bureau of Reclamation’s Central Valley Project.

Advises clients on matters before the California State Water Resources Control Board, and on compliance with the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA).

Advises agricultural water suppliers on policies and practices to meet the needs of land uses changing from farming to municipal development.

Advises property owners on issues connected with the leasing of their property for exploration and production of oil, natural gas and minerals.

Advises private clients on business transactions, including agricultural leases, and trusts and estate planning.

Advises and assists in formation of public and private water agencies such as water districts, community services districts, and mutual water companies, including Local Agency formation Commission (LAFCO) procedures.

Prior Experience

Testified before the California State Legislature, the U.S. House of Representatives and the United States Senate on water policy issues and federal Reclamation law.

Member of the team of Central Valley Project lawyers who negotiated the first substantive interim renewal water service contracts after adoption of the Central Valley Project Improvement Act in 1992.

Advised Bureau of Reclamation contractors during negotiations of long-term renewals of water service contracts, and the first renewals of Sacramento River water rights settlement contracts since 1964.

Assisted with the creation of a community services district to provide water, wastewater, roads, transit, library and other public services to a unique, mixed use development on a former U.S. Army base.

Advised a special district client on the issuances of nearly $100 million in Mello-Roos bonds to fund water, sewer, road and fire department improvements to serve an estimated $400 million in new construction at a major Sierra Nevada ski and golf resort. Has also assisted the same agency in updating its policies and procedures to prepare it for a doubling of its customer base and services.

Advised two irrigation district clients on the construction of a multi-million dollar state-of-the-art fish screen and pumping plant on the Sacramento River as part of an overall effort in California to improve the river habitat of migrating fish species. The districts received about 90% of their funding in grants from a combination of state and federal agencies.

Leadership Positions/Affiliations

Member, State Bar of California

Member, American Bar Association

Member, Sacramento County Bar Association – Environmental Law Section

Member, Glenn County Bar Association

Member, Association of California Water Agencies, Legal Affairs Committee

Charter member, Advisory Committee, Family Farm Alliance

Member, Glenn County Farm Bureau

MHALaw Search

Admitted to Practice

State Bar of California, 1975

United States Supreme Court

Education

Santa Clara University

School of Law

J.D., 1975

Santa Clara University

B.A., History, 1972