California has a rich history of effectively managing the many different water rights present in the State. As the State has matured, competition for water use and water acquisition priority between residential/local government, industrial and agricultural users has increased. In response to long term water use and priority issues, and now as magnified by the drought conditions we all are experiencing, the Federal government, State government, Counties and cities are all adopting, or considering, laws that serve to allocate and separate the right to obtain and use water between the competing interests. Careful formulation of local regulations and thorough analysis of the impacts arising from other new laws is critically necessary for public entities. Equally important is the need to ensure that their community is on solid legal footing and being allocated the most water at the least cost or regulation that is possible.


Lozano Smith is prepared to help your agency both craft regulations that are sound and recommend the best approach for you to best serve the water needs of all your constituents. Every agency will be fighting to obtain the most water at the lowest price. Lozano Smith attorneys are experienced in this area and set to help you achieve your leadership goals.

Legislative Update: Bill Eases Fee Collection for Storm Water Systems

By:David Wolfe, Nicholas Clair -

November 2017 Number 74 A new law will make it easier for local governments to raise the revenue necessary to maintain and upgrade storm water management systems. Senate Bill (SB) 231 becomes effective on January 1, 2018. Proposition 218 Proposition 218 limits local governments' ability to impose new or increased fees or charges. The California Constitution defines a "fee" or "charge" as "any levy other than an ad valorem tax, a special tax, or an assessment, imposed by an agency up...

Lead-Safe Schools Protection Act: The Continuing Duty to Address Lead

By:Devon Lincoln -

October 2017 Number 61 Schools, colleges and other local and state agencies have a continuing obligation to address lead in the course of new construction, modernization and maintenance projects. Various provisions of California law found in the Lead-Safe Schools Protection Act, the Health and Safety Code and Title 17 of the California Code of Regulations ban the use of materials containing lead in new construction and require that public agencies use properly trained and certified person...

The Public Private Partnership (P3) Project Delivery Method: What Is It and Is It an Option for Your Project?

By:David Wolfe, Arne Sandberg, Maryn Oyoung -

April 2016 Number 23 Local public agencies have several options when it comes to choosing a delivery method for a construction project. The public-private partnership method, or P3, is one option that is receiving increased attention. P3 involves a long term partnership between a public agency and private entity, where typically the private entity finances, designs, builds, operates, and/or maintains a fee-producing public project. In exchange, the private entity will be repaid over an ex...