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Water

Water

At McDonough Holland & Allen PC we have an experienced team of Water Law attorneys carrying on McDonough’s tradition of providing water law advice that began with the firm’s founding more than five decades ago.

Martin McDonough was one of the most highly regarded Western-region water lawyers of his era. What he instituted as a traditional water rights practice at McDonough has continued and expanded to keep pace with the ever-increasing demands being placed on our water resources. We represent a broad array of cities, public agencies and private parties throughout California on issues ranging from securing and protecting ground and surface water rights and water quality to negotiating and implementing water development projects and multi-party water transfer agreements. We also have experience in natural resource and water-related resources issues including California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance, contracting with the major state and federal water systems, land use and water supply planning, in-stream flows and endangered species.

Through our representation of agencies that provide water, sewer and other public services, we have an expertise in water rights, water service contracts and disputes, water supply assessment and planning, public agency formation and management, wastewater regulation and related subjects. For a number of these agencies we are also general counsel. This unique combination of experience means that we understand the issues from the perspective of both public service providers and private clients seeking to obtain public services for developments or in other private transactions.

Recent Matters

As general counsel to the Northstar Community Services District, assisted in the negotiation and implementation of complex agreements with developers for funding and construction of $125 million in water, sewer, fire and road infrastructure improvements in connection with a massive expansion ($400 million plus) of the Truckee-area ski and golf resort.

Assisted a major housing developer in securing a domestic water supply from an irrigation district and advised on SB 610/221 water supply analysis compliance.

Represented a major health care services provider in negotiating a groundwater agreement and reimbursement contract with the local water utility in connection with the construction of a new hospital in the North Bay area.

Represented an environmental nonprofit organization in the renewal of federal water contracts and the evaluation of leases of land managed under a Habitat Conservation Plan pursuant to the Endangered Species Act, to allow private development of other land in the vicinity.

Assisted major housing developers in the acquisition of groundwater and surface water supplies for large mixed-use developments in Reno.

Represented a land developer in assisting the county to establish a community services district to assure water, sewer, road, fire, police and other public services to facilitate development of an entirely new community in connection with a military base re-use project.

Defended municipalities and private entities against alleged violations of the Clean Water Act.

In addition, our water law attorneys represent clients in matters related to:

  • Appropriation of water through the State Water Resources Control Board process
  • Identification and defense of pre-1914 appropriative rights and riparian rights
  • Advice concerning groundwater rights
  • Water transfers
  • Negotiation of complex water agreements and contracts
  • Water quality matters, including discharge permits, storm water permits and basin plans
  • Preservation of fish, wildlife and the environment
  • SB 610/221 Water Supply Analyses and Certifications
  • Advice regarding federal reclamation law, CEQA and NEPA
  • Advice regarding the federal Clean Water Act and the state Porter-Cologne Act
  • Preparation and review of Urban Water Management Plans