Contact: Zane Gresham
Morrison & Foerster has a strong and respected water practice. From the early days of the National Audubon (Mono Lake) litigation,
and as the practice of water law has grown in sophistication over the last twenty years, our lawyers consistently have been
at the forefront of water issues throughout the State of California. We regularly advise water districts, irrigation districts,
cities and counties, universities, developers, industrial concerns, agricultural interests, Indian tribes and environmental
groups in all aspects of water law. Our responsibilities include water rights permitting, water transfers, conjunctive use
arrangements, wastewater treatment and reuse, urban water management planning, water supply/demand evaluations under SB 610
and SB 221, infrastructure development and finance, and all other matters associated with the development, use, management
and transfer of water resources.
In addition to our traditional water rights practice, we have one of the premier water regulatory practices in the State of
California. Our lawyers are experienced in handling the myriad state and federal regulatory structures affecting the use
of water, including the state and federal Endangered Species Acts, Magnussen-Stevens, the Clean Water Act and Porter-Cologne,
Proposition 65, the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), Cortese-Knox-Hertzberg
and other laws. On a daily basis we assist clients in working with the agencies that administer these laws, including the
State Water Resources Control Board, the Regional Water Quality Control Boards, CalFed, the Bureau of Reclamation, the California
Department of Water Resources, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service and the California
Department of Fish and Game.
Representative Matters
Represent the Santa Clara Valley Water District, the utility responsible for providing water to the Santa Clara Valley, in
a wide range of matters including water supply acquisition and management, flood control operations, facilities construction
and maintenance, NPDES, TMDLs and other Clean Water Act matters, and habitat conservation planning and other endangered species
compliance matters.
Represent the Zone 7 Water Agency, the water wholesaler for eastern Alameda County, in the acquisition of a series of aggregate
quarries for groundwater recharge and water supply purposes. We also advised in the environmental review of a series of channel
and streambed modifications required for conveyance purposes. We assisted Zone 7 in the CEQA review of its long-term water
supply program and settled the ensuing litigation.
Assisted a developer and water retailer in the acquisition of 7,000 afa of entitlements to water from the State Water Project
in accordance with the so-called Monterey Amendments. We negotiated complex tri-party water service arrangements associated
with this transaction. We defended and settled litigation brought against the water transfer by a coalition of cities and
environmental groups. This settlement served as a model for the development of statewide water legislation, SB 610 and SB
221.
Represent the owner of a San Joaquin delta island in negotiations with the State Reclamation Board, Army Corps of Engineers,
National Marine Fisheries Service and U.S. Fish and Wildlife Service in an unprecedented effort to modify and improve the
extensive San Joaquin River delta system for improved flood control purposes
Currently assisting numerous cities, counties and water districts in the preparation and legal defense of Urban Water Management
Plans, Water Supply Assessments (SB610) and Water Supply Verifications (SB221) throughout the State of California.
