Practice Areas > Water Rights Law
In today’s water scarcity climate, independent and secure water supplies are more important than ever. McCormick Kidman & Behrens LLP advises and represents water agency clients on the water rights foundation of the client’s water supplies.
Surface Water Rights
Modern appropriative water rights to waters flowing in surface streams are governed by the State Water Resources Control Board. Other rights in surface waters, most commonly riparian and “pre-1914” appropriative water rights, are outside the State Board’s jurisdiction, but the question of jurisdiction often is addressed before the Board. Adjudication of surface water rights are also commonly addressed in court proceedings. MKB represents clients before the State Board and before state and federal courts in regard to water rights in surface waters and in regard to the application of the Endangered Species Act, the California Environmental Quality Act and other environmental laws to water rights matters. MKB also represents clients in the water rights aspects of programs to transfer water for one watershed to another.
Underflow and Jurisdictional Water Issues
Under the early 20th century California Supreme Court decision in City of Los Angles v. Pomeroy and under California Water Code section 1200, certain groundwater flowing in subterranean streams in known and definite channels is treated the same as surface water for water rights purposes. MKB lawyers are acknowledged experts in subterranean streams law and represent clients before the State Board and the courts to argue against expansion of State Board jurisdiction over groundwater resources.
Groundwater Rights and Adjudications
Useable water from a groundwater basin is a finite, common pool resource which can be damaged to the detriment of all users by over-production. MKB advises and represents water agency clients in water rights aspects of developing and maintaining water supplies from groundwater. MKB lawyers have represented water providers in virtually every adjudicated or statutorily managed groundwater basin in California. Firm members have advocated groundwater rights matters before the California Supreme Court and other state and federal courts.
Groundwater Storage
Groundwater storage and recovery (conjunctive use) programs are considered to be critically essential water supply management tools in the modern world. MKB represents clients in groundwater storage and recovery programs in both adjudicated and unadjudicated groundwater basins in Southern California.