Water Law

Is water essential to your success?

It is to ours. Since its founding in 1959, Kronick has been recognized statewide for its unsurpassed water rights and water resources law expertise. Our accomplished team of water attorneys advises clients on the multitude of laws and regulations that govern water use in California. Our water and natural resources practice includes unique expertise in groundwater.

Kronick successfully assists both public and private entities in obtaining, developing and protecting their rights to quality, reliable water supplies. Increasingly, this involves negotiating complex regulatory and environmental laws that govern water diversion, use and management. Kronick attorneys understand and have dealt successfully with the regulatory agencies and courts at all levels concerning every aspect of water from water rights acquisition to the drafting of contracts for water transfers, to environmental protection and State and federal water quality laws.

People

Publications

    Speaking Engagements

    10.22.2023

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    Speaking Engagement

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    Blockbuster Case Law Update: Recent Tribal Environmental Law Cases at the U.S. Supreme Court, Ninth Circuit, and Southern District of California Relevant to Your Practice

    Date

    Sunday, October 22nd

    Location

    Yosemite, CA

    Kronick is pleased to again sponsor the California Lawyer Association’s Environmental Law Conference at Yosemite on October 19-22, 2023.

    Shareholder Holly Roberson will moderate a panel discussion about three recent cases of great importance to water users in California, Tribal Nations, and anyone interested in water rights, sovereignty, or the complex inter-relationship between environmental law, land use, environmental quality enforcement, natural resources law, and tribal law. They will explore the 2023 U.S. Supreme Court case Arizona v. Navajo Nation, the 2022 Ninth Circuit case Klamath Irrigation District v. United States Bureau of Reclamation (Cert. pending), and the 2022 Southern District of California case Rincon Mushroom Corp. v. Mazzetti. 

    08.02.2023

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    Kronick Workshop

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    Damien Schiff in Conversation: Exploring the Sackett Case and the Supreme Court’s Decision

    When: Wednesday, August 2nd

    Time: 12:00 – 1:00 pm

    Where: In-person at Kronick’s Office, 1331 Garden Hwy, 2nd Floor, Sacramento, CA 95833 (lunch provided) or virtually via Zoom

    Join us for an MCLE panel discussion featuring Damien Schiff of the Pacific Legal Foundation, who recently secured a groundbreaking victory in the US Supreme Court case, Sackett v. Environmental Protection Agency.

    Kronick attorney Lauren Bernadett and Brenda Bass, Policy Advocate at California Chamber of Commerce, will engage Damien in an insightful conversation about his decade-long litigation before the Supreme Court, specifically focusing on the definition of “waters of the U.S.” This includes an in-depth exploration of his recent 9-0 SCOTUS triumph in the Sackett case. The discussion will provide valuable insights into the far-reaching implications of the Court’s ruling on federal jurisdiction over wetlands and water quality standards, as well as the legal arguments and procedural history.

    Questions? Heather Ward (916-321-4577 or hward@kmtg.com)

    Zoom Recording

    Sackett Cato Supreme Court Review Article (July 20) [DRAFT]

    Damien’s Sackett II Presentation

    MCLE Credit:

    Kronick is a State Bar of California MCLE-approved provider and this program has been approved for one hour of MCLE credit.

    Download your MCLE certificate and evaluation form.

    04.11.2023

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    Speaking Engagement

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    California Tribal Water Summit

    Date

    April 11-13

    Location

    Sacramento

    Kronick is proud to sponsor the California Tribal Water Summit on April 11-13 in Sacramento. This is a convening of Tribal, State, and Federal leaders to discuss water issues and strategies towards watershed resilience of California’s sacred waters. Participants will help inform State water policy and advance issues of equity, access and incorporation of Tribal Ecological Knowledge in the California Water Plan. For general questions contact: TribalWaterSummit@water.ca.gov; to register please visit the event website.

    02.04.2023

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    Speaking Engagement

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    19th Annual California Water Law Symposium

    Date:

    Saturday, February 4th

    Location:

    University of the Pacific, McGeorge School of Law

    Kronick is pleased to sponsor the 19th Annual California Water Law Symposium, “Diverse Needs: Species Protection and Water Supply.” Participating schools include Golden Gate University School of Law, Stanford Law School, UC Berkeley School of Law, UC Davis School of Law, UC College of the Law, San Francisco, and the University of San Francisco School of Law. Partnering schools will each host a panel consisting of prestigious speakers and practitioners within the field of water law discussing various topics like hydropower, agriculture, indigenous peoples, and innovation in the reconciliation between water supply and species protection. Kronick attorney Kaitlin Harr will moderate the panel discussion about “Innovations in Accommodating Water Supply and Species Protection.”

    For more information and to register, please visit the event website.

    11.30.2022

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    Speaking Engagement

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    ACWA 2022 Fall Conference

    Date

    Wednesday, November 30

    Location

    Indian Wells, CA

    Kronick is pleased to once again sponsor the Association of California Water Agencies (ACWA) Fall Conference in Indian Wells on November 29-December 1, 2022. Shareholder Eric Robinson will participate in a panel discussion that will explore lessons learned from groundwater rights adjudications with an eye toward how they can inform future adjudications and implementation of SGMA, whose groundwater sustainability plans have similarities to physical solutions imposed by adjudication judgments. Senior Counsel Lauren Bernadett will participate in a panel that will review some of the most notable cases and how agencies are responding. This session coincides with the fall release of ACWA’s Summary of Appellate Cases publication.

    07.29.2022

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    Speaking Engagement

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    Groundwater Sustainability Implementation in California

    Date

    July 28-29

    Location

    Virtual

    Kronick Shareholders Eric Robinson and Holly Roberson will present at the virtual Groundwater Sustainability Implementation in California conference. Eric will provide opening remarks as Program Co-Chair as well as participate in the discussion “Lessons for Water Masters from Implementation of Existing Pre and Post SGMA Adjudications.” Holly will discuss “Sovereign-to-Sovereign Tribal Consultation During the Implementation Phase for GSPs.” For more information or to register, please visit the event website.

    05.04.2022

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    Speaking Engagement

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    Water Law Update or Revolution?

    DATE

    May 4

    LOCATION

    Sacramento, CA

    OVERVIEW

    Kronick is pleased to once again sponsor the Association of California Water Agencies (ACWA) 2022 Spring Conference. Shareholder Eric Robinson will participate in a panel discussion about a water policy reformer group that has proposed “updating” California water laws to address drought and climate change. The proposal recommends 11 water law changes, including Funding the State Water Resources Control Board to “verify” riparian and pre-1914 appropriative water rights; funding underrepresented groups to participate in water rights and water quality proceedings; empowering the SWRCB to initiate comprehensive surface water rights adjudications encompassing interconnected groundwater rights; deploying real-time surface water diversion and use monitoring and reporting; adopting an updated Bay-Delta Water Quality Control Plan before 2024; adopting a regulation specifying how water users will meet water quality objectives of the Bay-Delta WQCP, and other proposals. The report has received extensive attention from California’s water community and resulted in multiple pieces of legislation. A variety of stakeholders will discuss the report and what the recommendations would mean for water management in California.

    For more information and to register, please visit the event website.

    11.05.2021

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    Speaking Engagement

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    Groundwater Sustainability Implementation in California

    Date

    November 4-5

    Location

    Virtual

    Kronick Shareholders Eric Robinson and Holly Roberson will present at the virtual Groundwater Sustainability Implementation in California conference. Eric will provide opening remarks as Program Co-Chair as well as participate in a discussion about “Groundwater Shortages: Managing the Tension Between Allocations, Production Rampdowns, and Water Right Claims by Competing Pumpers.” Holly will discuss “Sovereign-to-Sovereign Tribal Consultation Issues and Environmental/Economic Justice Considerations in Development of GSPs.” For more information or to register, please visit the event website.

    09.02.2021

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    Speaking Engagement

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    Intro to Environmental Law Series – Water Law 101

    Date

    September 2

    Location

    Webinar

    Interested in the practice of environmental law? Running into basic environmental issues in your field of law? The Environmental Law Section and the California Young Lawyers Association (CYLA) are excited to co-present this free series covering key practice areas within the environmental legal field. Kaitlin Harr participates in a series is geared toward law students, new lawyers, and even experienced attorneys interested in learning more about environmental law.

    10.19.2020

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    Speaking Engagement

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    Tribal Water in California

    DATE

    October 19 & 20

    LOCATION

    Virtual

    OVERVIEW

    At the upcoming Law Seminars International seminar, Kronick Shareholder Holly Roberson will provide an update on the State implementation of the Sustainable Groundwater Management Act (SGMA) and the impact on Tribes and discuss the basics of Tribal Consultations, such as when federal agencies are involved and the most effective approaches from a best practice standpoint.

    09.23.2020

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    Speaking Engagement

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    Money Matters: Understanding Financial Conflicts of Interest for Public Entities/Board Members

    Date

    Sept. 9, 16, 23 and 30 • 10 am – 11 am PDT

    Location

    Virtual

    Kronick Associate Olivia Clark will participate in the Association of California Water Agencies (ACWA) CLE Workshop Series in a panel discussion about Government Code Section 1090, which prohibits public officials from having financial interests in contracts that they have a hand in. Sounds simple, right? But who is a public official? Sure it is someone elected or appointed to a Board. But it also can include staff members of an agency, and can even include consultants. And what is a financial interest? In many cases, it is easy to know, but in others, you might be surprised at what counts as a financial interest. Join us for this panel that will cover the black letter law, but also wrestle with a number of hypotheticals that could come to life in your world.

    For more information, please visit the event website.

    07.29.2020

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    Speaking Engagement

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    Water Infrastructure Projects

    DATE

    July 29

    LOCATION

    Webinar

    OVERVIEW

    At the upcoming Law Seminars International seminar, Kronick Shareholder Scott Morris will discuss the interplay among the Sustainable Groundwater Management Act (SGMA), regulatory structure for water utilities, and a review of NEPA/CEQA – the resulting legal, technical, and environmental justice issues.

    07.16.2020

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    Speaking Engagement

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    The Need for Consultation with Tribal Governments as Sovereign Nations in GSP Development and Tips for Reaching Win-Win Solutions

    DATE

    July 16 & 17

    LOCATION

    Virtual Meeting via Zoom

    OVERVIEW

    At the upcoming Law Seminars International seminar, Kronick Shareholder Holly Roberson will discuss federally reserved rights as senior rights; consultation requirements and how they differ from stakeholder participation; addressing Tribal concerns about sharing pumping and aquifer management data; tips for effective consultation and reaching solutions.

    12.04.2019

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    Speaking Engagement

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    Groundwater Production Allocations Under SGMA

    DATE

    December 4

    LOCATION

    San Diego, CA

    Overview

    Kronick is pleased to again sponsor the Association of California Water Agencies (ACWA) Fall Conference in San Diego. Shareholder and Practice Group Manager of Kronick’s Natural Resources Group, Eric Robinson will participate in a panel discussion regarding groundwater production allocations under SGMA. As Groundwater Sustainability Agencies (GSAs) prepare their plans to meet the Sustainable Groundwater Management Act’s (SGMA) requirements, they may need to utilize a variety of tools to achieve sustainability. For groundwater basins in overdraft, production allocations may be a vital tool for the GSAs. However, SGMA explicitly states that it does not alter water rights, which means the GSAs have to carefully navigate between the confines of water rights and SGMA requirements in developing and implementing their groundwater sustainability plans (GSPs). This program will explain the legal framework, different types of groundwater rights, lessons learned from existing groundwater production allocation programs, potential pitfalls and practical approaches to developing a GSP with production allocations as a component to reaching sustainability goals.

    10.18.2019

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    Speaking Engagement

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    Uncooperative Federalism

    DATE

    October 18

    LOCATION

    Yosemite, CA

    OVERVIEW

    Kronick is pleased to again sponsor the California Lawyer Association’s Environmental Law Conference at Yosemite on October 18 – 20, 2019. Shareholder Daniel O’Hanlon will discuss the U.S. Bureau of Reclamation’s biological assessment for Central Valley Project operations, stating that the proposal will “maximize water supply delivery and optimize power generation consistent with applicable laws.” Environmental groups call it a “plan for extinction.” The Bureau is also threatening to refuse to comply with some state requirements in the Delta and proposing to enlarge Shasta Dam notwithstanding limiting provisions of the California Wild and Scenic Rivers Act. This panel will discuss the potential for conflicts in state and federal water policy, requirements for federal compliance with state law and possible responses if the federal government fails to comply.

    07.25.2019

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    Speaking Engagement

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    Sustainable Groundwater Planning in California

    DATE

    July 25 & 26, 2019

    LOCATION

    Sacramento, CA

    Overview

    Kronick attorneys Eric Robinson, Holly Roberson and Constantine Baranoff will present at the Sustainable Groundwater in California conference in Sacramento. Eric will provide opening remarks as Program Co-Chair as well as participate in a discussion about conjunctive management of groundwater interconnected with surface streams as a practical approach for achieving resilient and sustainable water supplies. Constantine’s presentation will discuss propositions 26 and 218 and other constraints, tips for identifying the optimal funding structures for initial GSP development and GSP implementation activities. Holly will discuss federally reserved water rights; consultation requirements; effective consultation; reasons why Tribes may be reluctant to participate in a GSA or share pumping and aquifer management data; confidentiality; practical tips for addressing those concerns. For more information or to register, please visit the event website.

    06.20.2019

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    Speaking Engagement

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    The Public Trust Doctrine: Expanding or Contracting?

    DATE

    June 20-21

    LOCATION

    Omni Hotel, San Francisco

     

    OVERVIEW

    Kronick is pleased to again sponsor the annual California Water Law & Policy conference on June 20-21, 2019 in San Francisco. Shareholder Daniel O’Hanlon will participate in a panel discussion about lack of trust in Public Agencies, is it “An Emerging Litigation Trend to Challenge Agency Decisions?” Kronick can offer friends of the firm a $100 discount off the regular tuition pricing upon entering the code: “Friend of Kronick Moskovitz” when registering here.

    REGISTRATION

    Please visit the event website for more information.

    04.23.2019

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    Speaking Engagement

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    Never a Dry Class: Thinking About Drought During a Wet Year

    Date

    Tuesday, April 23rd

    Location

    South Lake Tahoe, NV

    Overview

    Kronick is proud to sponsor and exhibit at the California Rural Water Association’s EXPO which provides training, technical assistance, resources and information to assist water and wastewater utilities in achieving high standards of service. Kronick attorney Holly Roberson will be participating in a Drought 101 panel discussion.

    02.07.2019

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    Speaking Engagement

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    Legal and Institutional Management Framework

    DATE: Thursday, February 7

    ORGANIZED BY:

    Water Education Foundation

    PROGRAM OVERVIEW:

    Kronick attorney Holly Roberson will be presenting on “Legal and Institutional Management Framework ” at Water 101 Workshop on February 7 at McGeorge. The workshop covers the history, geography, legal and political facets of water in California as well as hot topics currently facing the state. Holly will cover include:

    Water Management Institutions

    • California Department of Water Resources/State Water Project
    • State Water Resources Control Board/Regional Water Quality Control Boards
    • Bureau of Reclamation/Central Valley Project
    • Fish and Wildlife Resource Agencies
    • Delta Stewardship Council
    • California Water Commission
    • Delta Conservancy
    • Regional and Local Water Districts
    • CPUC-regulated Water Districts

    Summary of Governing Laws

    • Clean Water Act
    • Safe Drinking Water Act
    • Porter-Cologne Water Quality Control Act
    • Endangered Species Acts – State and Federal
    • Environmental Review Laws – State and Federal
    • Delta Reform Act

    REGISTRATION:

    Please visit the event website for more information.

    07.27.2018

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    Speaking Engagement

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    Sustainable Groundwater Planning in California

    DATE:

    July 26-27, 2018

     

    LOCATION:

    Sacramento, CA

    Organized By:

    Law Seminars International (LSI)

    Program Overview:

    Kronick attorneys Scott Morris, Jonathan Christy and Holly Roberson will present at the Sustainable Groundwater Planning conference in Sacramento on July 26-27.

    Scott will provide opening remarks as Program Co-Chair and participate in a panel discussion about “Cross-Boundary Flows and Basin Coordination” discussing the legal issues around coordination challenges and issues (a) within a groundwater basin, (b) with adjacent basins, and (c) when an adjacent basin is on the critical list and yours is not; essential terms for coordinating agreements.

    Jonathan’s presentation will discuss financing options and strategies for GSA/GSP and what GSP developers and stakeholders need to know about constraints and viable pathways.

    Holly’s panel will discuss legal parameters for working with Tribes as sovereigns, including requirements for Tribal consultation.

    Registration:

    Please visit the event website for more information and to register.