CA Specific

Environmental Law

Water Rights in California

Credits Available
Credit Status Total
California CLE Approved 6 Total
OnDemand
5 hours 57 minutes
Jessica Diaz
Thomas Hicks
Gage Marchini
Cyrus Torabi
With Jessica L. Diaz from Brownstein Hyatt Farber Schreck, LLP + 3 others
Recorded January 23, 2025
Product ID 99618

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Overview

Protect Your Client's Water Rights and Use

The fight for "liquid gold" is getting ugly. With developers, government officials, energy companies, tribal leaders, utility companies, farmers, and others putting water in their crosshairs, more and more attorneys are taking on these complicated cases. This focused legal program is packed with the latest and greatest legal strategies for protecting your client's water rights and use. Whether you're an experienced water law attorney or new to the practice area, this program will provide you with practical tools to tackle water law cases. Register today!

  • Gain the tools you need to handle evaluation, development, adjudication, legislation, and acquisition of water rights.
  • Get the fundamentals of water law down, learn critical terminology and find out how to simplify the adjudication process.
  • Hear the most recent case law, review recent legislative updates, and understand the interaction between federal, state, and local water law regulations.
  • Learn how to evaluate water rights, what evidence you need to look for, where to get it and how to apply it to litigation.
  • Discover real-world techniques for handling leasing, modification, exchange, transfer, purchase, and sale of water rights.
  • Find out practical strategies for handling ownership and lease disputes, condemnation disputes, easement challenges, and application disputes from experienced attorney faculty.
  • Examine emerging hydraulic fracturing, tribal, and geothermal water law issues.
  • Overcome ethical challenges of representing more than one client in a river system.

Abbreviated Agenda

  1. Prior Appropriation Water Law Made Simple
  2. Water Rights Evaluations
  3. Legislation, Regulation, and Case Law Update
  4. Current Issues, Legal Challenges, and Recent Trends
  5. Handling Water Rights Disputes: Adjudication Procedures and Litigation Tips
  6. Handling the Application, Lease, Transfer, and Sale of Water Rights
  7. Ethics and Water Law

Related Topics

Product ID 99618

Credit Details

Credits Available
Credit Status Total
California CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Prior Appropriation Water Law Made Simple

    1. Water Law Fundamentals - A Brief Overview
    2. Determination/Allocation of Water Rights
    3. Water Law Terminology for Attorneys
    4. Overview of the Administrative System
    5. Visual Aids of State Water Bodies, Rivers, and Streams - What Water is Being Disputed and Why

  2. Water Rights Evaluations

    1. Determining Validity/Ownership and Due Diligence Reviews
    2. Title and Survey Reviews
    3. Inspections
    4. Expert Witness Tips - Consulting with a Water Resources Engineer and Other Water Experts
    5. Applying Hydrology, Groundwater Modeling, and Nanotechnology to Litigation Strategies
    6. Proving How Much Was Used, How Much They Need to Use, and When They Started Using it
    7. Determining Future Supply

  3. Legislation, Regulation, and Case Law Update

    1. State and Local Water Law Update
    2. Federal Legislation and Regulations
    3. Federal, State, and Local Regulations and Compliance Update
    4. Recent Case Law

  4. Current Issues, Legal Challenges, and Recent Trends

    1. Tribal Water Rights
    2. Hydraulic Fracturing- Water Use in the Oil and Gas Industries
    3. Current Water Quality Standards/Contamination Issues
    4. Drought Challenges
    5. Overcoming Ditch Company Challenges
    6. Local and Municipal Initiatives, Utilities, and Development Projects

  5. Handling Water Rights Disputes: Adjudication Procedures and Litigation Tips

    1. The Adjudication Process
    2. Ownership Disputes
    3. Condemnation Disputes
    4. Lease Disputes
    5. Opposing an Application for New Water Rights
    6. Modification Disputes
    7. Easement Disputes

  6. Handling the Application, Lease, Transfer, and Sale of Water Rights

    1. Applying for Water Rights - From Basic to Complex
    2. Leases
    3. Modifications
    4. Exchanges
    5. Transfers
    6. Purchase/Sale of Water Rights
    7. Negotiating and Drafting Agreements

  7. Ethics and Water Law

    1. Multiparty Representation and Ethical Challenges
    2. Compliance Issues, Risks, and Ethics
    3. Replacement Plans and Reclamation: Avoiding Ethical Pitfalls

Who Should Attend

This basic-to-intermediate level seminar is designed for those who are involved in water right disputes and transactions, use, regulation, and protection of water resources. The following should attend:

  • Attorneys
  • Government Officials
  • Engineers
  • Regulators
  • Energy Companies
  • Water Management Specialists
  • Real Estate Developers
  • Landmen
  • Paralegals

Speakers

Jessica L Diaz
Jessica L.
Diaz
Brownstein Hyatt Farber Schreck, LLP
Thomas D Hicks
Thomas D.
Hicks
Hicks Law
Gage Marchini
Gage
Marchini
Abbott & Kindermann, Inc.
Cyrus L Torabi
Cyrus L.
Torabi
Kutak Rock LLP
Speaker bio
Jessica L Diaz

Jessica L. Diaz

Brownstein Hyatt Farber Schreck, LLP
Jessica Diaz

is an attorney with the law firm of Brownstein Hyatt Farber Schreck, LLP. She practices in the areas of water, land use and real estate. In the water field, Ms. Diaz works with both public agencies and private property owners on water rights disputes and transactions, regulatory compliance, and due diligence. She also advises on issues related to the Sustainable Groundwater Management Act (SGMA), diversion reporting requirements, the California Environmental Quality Act (CEQA), and general public law matters for water providers and other public agencies. Ms. Diaz earned her B.A. degree from Harvard College and her J.D. degree from the University of California, Berkeley School of Law. She is admitted to practice in both California and Alaska.

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Speaker bio
Thomas D Hicks

Thomas D. Hicks

Hicks Law
Thomas Hicks

is the founder of Hicks Law, which specializes in California water rights, real property and conservation law. Hicks Law represents public interest organizations, landowners and others on public policy, transactional, and select administrative and litigation matters. Mr. Hicks is a recognized California and western regional expert in voluntary water rights transactions and instream transfers. He is water counsel on several 2014 Prop One Water Bond California Wildlife Conservation Board public interest project teams that enhance stream flow. Mr. Hicks was an energy and water policy analyst at the Natural Heritage Institute, and the founder and executive director of the Headwaters Institute. He has interned at the San Francisco Office of the City Attorney, California State Water Resources Control Board, and American Rivers. Mr. Hicks founded and chaired the inaugural California Water Law Symposium sponsored by leading northern California law schools, and is a board member. He is the author of the Water Education Foundation Layperson's Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers. Mr. Hicks earned his B.A. degree from the University of Vermont and his J.D. degree from the University of San Francisco School of Law. He is admitted to practice in California and before the U.S. District Court for the Northern and Eastern districts of California.

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Speaker bio
Gage Marchini

Gage Marchini

Abbott & Kindermann, Inc.
Gage Marchini

is an attorney at Abbott & Kindermann, Inc. He represents local governments, public agencies, businesses, and individuals in the areas of land use, environmental, and real estate law. Mr. Marchini's practice includes legal counseling, transactional representation, environmental compliance counseling, and litigation representation. He has represented clients in litigation involving the California Environmental Quality Act, state and federal contamination and hazardous materials laws, and numerous real property and tort claims. Mr. Marchini attended California State University, Fresno and graduated with a Bachelor of Science degree in agriculture business; a Bachelor of Arts degree in economics; and a certificate of legal studies. He then continued his studies at the University of the Pacific, McGeorge School of Law as a Justice Anthony Kennedy fellow, and graduated with a Juris Doctor degree and a certificate of concentration in water and environmental law.

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Speaker bio
Cyrus L Torabi

Cyrus L. Torabi

Kutak Rock LLP
Cyrus Torabi

is a partner with Kutak Rock LLP, where he represents municipal bond issuers and underwriters in a variety of public finance transactions, with a particular focus on water districts, irrigation districts, and municipal water and wastewater utilities. He has experience in all areas of public finance and has acted as bond counsel and/or disclosure counsel in connection with bond financings or private placements for the cities of Oceanside, Salinas, Ventura, Santa Paula, Fountain Valley, Ontario and Escondido; and for West Basin Municipal Water District, Central Basin Municipal Water District, Eastern Municipal Water District, Inland Empire Utilities Agency, Castaic Lake Water Agency, Westlands Water District, Santa Clara Valley Water District, El Dorado Irrigation District, Orange County Water District, San Bernardino Valley Municipal Water District, East Valley Water District and South Coast Water District, among others. Mr. Torabi earned his B.A. degree, with honors, from the University of California; and his J.D. degree from Georgetown University Law Center.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
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