Water Rights Law

Reliable water supplies are of utmost importance.  Kidman Gagen Law advises and represents water agency clients on the water rights foundation of their water supplies.

Surface Water Rights

Kidman Gagen Law represents clients before the State Water Resources Control Board and before state and federal courts in surface water rights matters, which sometimes also involve the Endangered Species Act, the California Environmental Quality Act and other environmental laws.  Kidman Gagen Law is an expert in subterranean streams law related to the State Board’s jurisdiction over groundwater resources.

Groundwater Rights Adjudications and Storage

Kidman Gagen Law advises and represents water agency clients in water rights law related to water supplies from groundwater.  Mr. Kidman has represented water providers in virtually every adjudicated or statutorily managed groundwater basin in Southern California and has advocated groundwater rights matters before the California Supreme Court and other state and federal courts.  Kidman Gagen Law attorneys have represented clients in groundwater storage and recovery programs in both adjudicated and unadjudicated groundwater basins throughout Southern California.

Water Supply/Land Use Planning and Litigation

Kidman Gagen Law assists water agencies in compliance with the Urban Water Management Planning Act (UWMPA) and in preparing water supply assessments (WSA) and written verifications (WV) in compliance with SB 610 and SB 221.

Water Import Agencies and Systems

Kidman Gagen Law attorneys are familiar with the various state and regional delivery systems and the laws and regulations governing those systems, and are able to advise water agencies accordingly.  Kidman Gagen Law attorneys have worked with a variety of wholesale water agencies and have been directly involved in many important supplemental water projects.

Retail Water Distribution

Kidman Gagen Law attorneys assist water agencies in meeting the numerous and unique legal challenges confronted in providing water service to end use customers.

Customer Relations

Kidman Gagen Law advises agencies in a variety of customer service areas such as notices of water rate changes, restrictions on mass mail of public information materials and requirements for delinquent customer shut off notices.

Development Agreements

Kidman Gagen Law assists water agencies in preparing development agreements which provide for the proper sequencing and funding of water supply infrastructure required for new land developments.

System Failures and Liability

Kidman Gagen Law assists water agency clients in dealing with liability and insurance claims related to service problems and system failures.

Water Conservation

Kidman Gagen Law assists water agency clients in implementing water conservation programs mandated by state law, including achievement of conservation goals through pricing while complying with water pricing laws such as Proposition 218.

Environment

CEQA

Kidman Gagen Law attorneys advise and assist water agencies at all stages of the California Environmental Quality Act (CEQA) process.  Kidman Gagen Law attorneys assist their clients by developing pre-project CEQA compliance strategies.  In addition, Kidman Gagen Law’s experience in the preparation of CEQA documents and in the successful defense of CEQA claims provides a significant advantage to its clients and helps them avoid common traps and pitfalls during the CEQA process.

Kidman Gagen Law attorneys assist water agencies in the preparation of well-documented administrative records establishing CEQA compliance.  As a result, Kidman Gagen Law attorneys are able to provide their clients sued under CEQA with an aggressive and tactically sophisticated CEQA defense.

Water Quality

Safe Drinking Water Act and Department of Health Standards

Kidman Gagen Law assists clients through the intricacies of drinking water quality laws at the federal and state levels.

Groundwater Contamination Liability and Cleanup

Kidman Gagen Law attorneys are experts in the laws relevant to groundwater contamination and cleanup, and assist water agencies in both advice and litigation capacities.

Clean Water Act, State and Regional Water Boards

Kidman Gagen Law attorneys frequently advise and represent water agency clients in regard to Clean Water Act matters.

Government

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.