General Counsel

Kidman Gagen Law’s specialty is General Counsel services to water agencies.  In addition to governing body guidance on important day-to-day matters such as the Brown Act, the Public Records Act, conflicts of interests and other government ethics laws.

The Kidman Gagen Law team provides tailored advice and representation to water agencies regarding intergovernmental and legislative affairs, water rights, rate setting, termination of service, easements and rights of way, real property acquisition, project formation, CEQA compliance, competitive bidding and public works.

Kidman Gagen Law attorneys also provide litigation representation for clients where the firm acts as general counsel.  Acting in a general counsel capacity Kidman Gagen Law, recommends engagement of special counsel where appropriate and assists agency policy makers in overseeing and directing the efforts of special counsel.

Public Works

Contracts

Kidman Gagen Law works with its water clients to aggressively and efficiently manage all aspects of planning, design and construction of public construction projects.  Kidman Gagen Law has developed forms for professional services and construction based on years of experience, and is particularly proud of its construction bid set, which has evolved continuously over more than 20 years and is reviewed and updated annually.  The contract documents developed by Kidman Gagen Law and our experience working with them under a wide variety of conditions give our clients a significant advantage.

Competitive Bidding

Most water agencies are required by law to competitively bid public works projects, and even agencies exempt from the requirement often elect to proceed in accordance with public bidding statutes as a matter of policy.  Kidman Gagen Law’s role in the public bidding process starts with preparation of a reliable set of bid documents during the design phase and continues through the bid opening, award, and execution of the construction agreement.  It can involve the resolution of any number of issues and disputes that commonly arise in connection with awarding a public contract.

Real Property, Easements and Licenses

Every public works project requires some assemblage of real property rights that allows it to be constructed in a particular place and time.  Public water agencies have a variety of powers that assist them in acquiring real property rights, but generally speaking a public agency acquiring such interests faces an involved and often long process beyond anything required of a private purchaser.  Kidman Gagen Law assists its clients in evaluating, negotiating, obtaining and documenting property and property rights that are needed for any number of agency purposes.

Revenue

Water Rate Setting (Prop 218)

Kidman Gagen Law advises retail water agency clients on compliance with both the procedural (notice and hearing) and substantive (cost of service) requirements of Proposition 218.

Property Tax Allocation (Prop 13, Prop 1A)

Kidman Gagen Law advises retail water agency clients on the intricacies of the property tax revenue apportionment system and represents clients in fighting against property tax revenue diversion schemes by the state.

Meter Minimum Charges, Standby Charges, Capacity Fees, Connection Fees, Capital Facilities Fees

Kidman Gagen Law assists clients through the legal challenges associated with the setting and collecting of fees and charges.