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.

Water Conservation Rates Face Judicially Refined Constitutional Mandates

By:William Curley III, David Wolfe -

April 2015 Number 25 In Capistrano Taxpayers Association, Inc. v. City of San Juan Capistrano, (April 20, 2015) 2015 Cal.App.Lexis 330, the court of appeal ruled that the City's tiered water rates or "fees" were unconstitutional in violation of Proposition 218 because the rates did not correspond to the actual cost of providing service at a given level of usage. Proposition 218 forbids local agencies from charging more for a property-related service such as water than the service actually...

California Enacts Historic Sustainable Groundwater Management Act

By:William Curley III -

October 2014 Number 79 For the first time in its history, California has passed comprehensive legislation providing for the sustainable management of the state's groundwater resources. The several bills, Senate Bill (SB) 1168, SB 1319, and Assembly Bill (AB) 1739, collectively enacted the "Sustainable Groundwater Management Act" (Act). The goal of the Act is to achieve "sustainability" for California's groundwater basins, which will now be regulated by local agencies. A total of 127 gr...