Attorneys > Daniel J. Payne



PRACTICE AREAS


EDUCATION

  • University of California, Los Angeles School of Law (J.D. 1988)
  • University of California, Santa Barbara (B.A. History, 1979, High Honors)
DANIEL J. PAYNE Partner
dpayne@mkblawyers.com

Mr. Payne has for 20 years represented water districts, school districts, cities and other public agencies in matters related to governance, construction, financing, water rights, water sales and acquisition, system operations, conflicts of interest and other public law issues.  He currently serves as General Counsel to the Municipal Water District of Orange County, a position that has been held by partner Russell Behrens for more than 30 years. He also works closely with partner Arthur Kidman and Mr. Behrens in support of the firm’s other general counsel clients.

Mr. Payne advises the firm’s public agency clients on a variety of laws unique to the public nature of their activities, including the Brown Act, the Political Reform Act, the California Tort Claims Act, the Public Records Act, public bidding and other public construction statutes, statutory immunities, the prohibition against holding incompatible public offices, and many others.  He has a strong background in school facility and water facility construction, and he has primary responsibility for developing and maintaining the firm’s construction bid documents and assisting firm clients at all stages of their public works projects. 

Mr. Payne has negotiated and drafted agreements to implement water use efficiency programs with the Metropolitan Water District, the Bureau of Reclamation, the Department of Water Resources, many cities and retail water agencies, and a variety of consultants.  In addition, he has negotiated and drafted agreements involving water transfers, water storage programs, water and sewer facility funding, all manner of professional services, facility maintenance and operations, and the creation and transfer of easements and other real property interests.

Before attending law school, Mr. Payne worked for several years as a book editor for Prentice Hall, then a division of Simon & Shuster.

Admitted 1988, California; U.S. District Court, Central and Northern Districts of California.

Distinctions include appointment to Editorial Board, California Water Law & Policy Reporter, 2006-2008.



Published Cases

Walter B. Gerken, et al. v. Fair Political Practices Commission (1993) 6 Cal.4th 707.

 

Publications and Presentations

Speaker, “Ethics of Public Officials: AB 1234 Training,” Castaic Lake Water Agency, February 3, 2010.

Moderator, “Closing Out a Troubled Water Project,” Orange County Water Association, May 16, 2007.

Author, Feature Article "Water Legislation 2006:  Out-Of-State Influences Impact Legislation A Constructive But Uneventful Year," California Water Law & Policy Reporter, January 2007, Vol. 17, Number 4.

Author, Feature Article "Water Scarcity, Funding and New Technologies Converge In A Golden Age Of Urban Water Use Efficiency," California Water Law & Policy Reporter, March 2008, Vol. 18, No. 6.

Author, "Temecula-Area Groundwater Basin To Be Administered Jointly By Rancho California Water District And Pechanga Band Of Luiseno Indians," California Water Law & Policy Reporter, February 2007, Vol. 17, Number 5.           

Co-Author, "Invasive Quagga Mussels Make Their Debut In Southern California," California Water Law & Policy Reporter, March 2007, Vol. 17, Number 6.

Co-Author, "Second District Dismisses Constitutional Challenge To AB 687 - Underlying Casino Contracts Are Subject To Validation Statutes,"  California Water Law & Policy Reporter, March 2007, Vol. 17, Number 6.

Co-Author, "Third District Court Holds 'Project' For CEQA Purposes Does Not Arise Prior To Vesting Of Rights And Agency Course Of Action Decision," California Water Law & Policy Reporter, March 2007, Vol. 17, Number 6.

Author, "Superior Court Rules Castaic Lake Water Agency Was Proper Lead Agency For Water Transfer EIR - Water Transfer Agreement Is Final And Cannot Be Set Aside," California Water Law & Policy Reporter, May 2007, Vol. 17, Number 8.

Author, "California AG Opines That Rule Against Incompatible Offices Does Not Prevent Member Agency General Managers/Department Heads From Serving On Board Of Water Authority," California Water Law & Policy Reporter, May 2007, Vol. 17, Number 8.

Co-Author, "Superior Court's Order Barring Pumping From Banks Plant In Delta Stayed Pending Appeal," California Water Law & Policy Reporter, June 2007, Vol. 17, Number 9.

Co-Author, "Ninth Circuit Holds Use Of Recycled Sewage Effluent To Make Artificial Snow Violates Religious Freedom Restoration Act And NEPA," California Water Law & Policy Reporter, June 2007, Vol. 17, Number 9.

Author, "Second District Rules That Regional Board Orders Are Not Exempt From State Constitutional Requirements For Reimbursement Of Mandated Costs," California Water Law & Policy Reporter, July 2007, Vol. 17, Number 10.

Author, "CEQA Challenge To Development Based On Climate Change Rejected By Napa County Superior Court," California Water Law & Policy Reporter, August/September 2007, Vol. 17, Number 11.

Author, "Quagga Mussel Invasion Continues As California Legislature And Metropolitan Water District Ramp Up Effort At Control," California Water Law & Policy Reporter, October 2007, Vol. 18, Number 1.

Author, "City Of Stockton Abandons Appeal Of Judgment Ordering Rescission Of Contract For Privatization Of Water And Sewer Services," California Water Law & Policy Reporter, October 2007, Vol. 18, Number 1.

Co-Author, "California Supreme Court Examines Roles Of Judge And Jury In Water Pipeline Condemnation Case," California Water Law & Policy Reporter, October 2007, Vol. 18, Number 1.

Co-Author, "DWR's Long-Awaited 'Monterey Plus' Draft EIR Is Released For Public Comment," California Water Law & Policy Reporter, December 2007, Vol. 18 No. 3.

Co-Author, "Sixth District Court Holds California Safe Drinking Water Act Imposes Mandatory Duties On Health Officials To Review And Respond To Water Quality Monitoring Reports," California Water Law & Policy Reporter, November 2007, Vol. 18 No. 2.

Co-Author, "Water Contractors File Notice Of Intent To Sue The Department Of Fish And Game And The California Fish And Game Commission Over Striped Bass Management," California Water Law & Policy Reporter, December 2007, Vol. 18 No. 3.

Co-Author, "Superior Court Denies Challenge to EIR For Water Acquisition From Kern County Water Banking and Recovery Program," California Water Law & Policy Reporter, Jan. 2008, Vol. 18, No. 4.

Co-Author, "Fourth District Court Confirms Date of Deposit As Valuation Date In Eminent Domain Proceeding For Water Pipeline Easement," California Water Law & Policy Reporter, Feb. 2008, Vol. 18, No. 5.

Co-Author, "Officials Break Ground For 12 Year, $1,3 Billion Folsom Dam Upgrade Designed To Reduce Flood Risk In Sacramento Area," California Water Law & Policy Reporter, March 2008, Vol. 18, No. 6.

Co-Author, "Environmental Groups Challenge Approval Of Coastal Development Permit For Desalination Facility In Carlsbad," California Water Law & Policy Reporter, March 2008, Vol. 18, No. 6.

Co-Author, "First District Rules Coastal Commission Lacks Authority To Declare Property Environmentally Sensitive Habitat On Appeal From Grant Of Coastal Development Permit," California Water Law & Policy Reporter, March 2008,  Vol. 18, No. 6.

Author, "Three Of California's Largest Water Agencies Join National 'Dream Team' Formed To Address Climate Change Issues," California Water Law & Policy Reporter, April 2008, Vol. 18, No. 7.

Co-Author, "Fifth District Court Finds Appropriative Water Right Should Be Apportioned, Upon Partial Sale Of Property, According To Percentage Of Land Acquired," California Water Law & Policy Reporter, April 2008, Vol. 18, No. 7.

Co-Author, "City Of Bakersfield And California Water Service Company File Suit Over TCP In City Drinking Water Wells," California Water Law & Policy Reporter, May 2008, Vol. 18, No. 8.

Co-Author, "Third District Court Holds Private Attorney General Fees Are Available To Private Parties Even When Public Entities Achieved Substantially Similar Result In Litigation," California Water Law & Policy Reporter, May 2008, Vol. 18, No. 8.

Co-Author, "Parties Battle Over Revenues From Power Plant As Sacramento Superior Court Denies Cross-Motions For Summary Judgment And Case Moves To Trial," California Water Law & Policy Reporter, June 2008, Vol. 18, No 9.

Co-Author. "Environmental Group Challenges Crop Idling Water Transfer Program As Potentially Harmful To Fish Habitat And Water And Quality In The Delta," California Water Law & Policy Reporter, June 2008, Vol. 18, No 9.

Co-Author, "Geotechnical Report To Metropolitan Board Indicates Conveyance Tunnel Can Be Built Under Cleveland National Forest,"  California Water Law & Policy Reporter, July 2008, Vol. 18, Number 10.

Author, "Issuance Of The CVP And SWP Biological Assessment Marks The First Step From The Wanger Decision," California Water Law & Policy Reporter, July 2008, Vol. 18, Number 10.

Co-Author, "Delta Vision Task Force Releases Draft Strategic Plan For Public Review And Comment:  'A Good Start,'" California Water Law & Policy Reporter, August/September 2008, Vol. 18, Number 11.

Author, "Los Angeles DWP Files Fraud And False Claims Action Against Owens Valley Dust Mitigation Contractor," California Water Law & Policy Reporter, August/September 2008, Vol. 18, Number 11.

Co-Author, "California Attorney General Grants District Attorney Permission To File Suit Seeking Removal Of Local Water Official From Incompatible Office," California Water Law & Policy Reporter, August/September 2008, Vol. 18, Number 11.



Organizations and Activities

State Bar of California
Association of California Water Agencies
Orange County Bar Association
Orange County Water Association