December 28, 2022 | Written by Somach Simmons & Dunn
2022 Firm Highlights
The firm's growth continues as we celebrate the many professional achievements of our dedicated, hard-working attorneys and staff, some of which are detailed below. With the closing of the year, our gratitude extends far and wide to the individuals, as well as public and private businesses, agencies, and organizations we've had the privilege to work with for over three decades.
Firm News: Celebrating 30 Years
Stuart Somach Recognized by NCWA with 2022 Will S. Green Award for Lifetime Achievement (video tribute)
Colorado Office Moves, Welcomes Michael Daugherty
Firm Events: River Cleanup Days in Sacramento and Boulder
Welcome Kendra Hartmann, Kelly Doyle, and Max Bricker
Somach Simmons & Dunn Ranked Among 'Best Law Firms' in Water Law
Colorado Shareholder Sarah Klahn Named Boulder's Water Law "Lawyer of the Year" in The Best Lawyers in America® 2023 Edition
These successes reflect the breadth and depth of Somach Simmons & Dunn's legal practice across varied subjects, venues, and geographic regions. We are grateful for the challenging work and look forward to helping clients and colleagues accomplish their goals in 2023 and the years to come.
Third District Court of Appeal Rejects CEQA Challenge to Project Converting Open Ditch to Pipe, Providing Valuable Guidance Regarding the Analysis of Indirect and Wildfire Impacts
In January, California's 3rd District Court of Appeal issued a decision in Save the El Dorado Canal v. El Dorado Irrigation District (2022) 75 Cal.App.5th 239 upholding El Dorado Irrigation District's (EID) certification of an Environmental Impact Report (EIR) of a ditch piping project, providing guidance to public water agencies when pursuing similar projects under the California Environmental Quality Act (CEQA). The court held that the certification of the project's EIR and its approval under CEQA did not constitute an abuse of agency discretion because the EIR disclosed both the nature of the watershed and the planned abandonment of the ditch while adequately analyzing the impacts the project would have to hydrology, biological resources, and risks associated with wildfires. The firm both advised EID in the development of the EIR and represented it in the subsequent litigation, successfully advocating on EID's behalf to ensure its piping project could move forward. Read our prior post here.
Court of Appeal Determines That the State Water Resources Control Board Exceeded Its Authority in 2015 When It Ordered Curtailment of Pre-1914 Water Rights Based on Insufficient Water to Serve Their Priorities
In September, California's 6th District Court of Appeal rejected the State Water Resources Control Board's (Board) interpretation of Water Code section 1052 subdivision (a), which the Board asserted allows curtailment of pre-1914 appropriative water rights based on insufficient water supply to satisfy their entitlements. The court, agreeing with Respondents, a group of irrigation districts, found that while section 1052 subdivision (a) gives the Board the authority to enjoin diversions or water use outside of the scope of a pre-1914 water right, that same authority, however, does not include the power to curtail an entire class of pre-1914 water right holders based upon the Board's belief that an insufficient water supply is available to serve all pre-1914 water right holders. Somach Simmons & Dunn represented one of the districts, Byron Bethany Irrigation District (BBID), throughout the appeal, and during the trial court and administrative enforcement proceedings. Read our full case summaries here and here.
Federal Legislation Introduced to Approve the Water Rights Claims of the Pueblos of Acoma & Laguna and other Non-Tribal Parties in the Rio San Jose of New Mexico
After forty years of adjudication involving water rights claims to the Rio San Jose in New Mexico, U.S. Senator Martin Henrich (D-N.M.) and U.S. Representative Teresa Leger Fernandez (D-N.M.) introduced federal legislation to approve long-disputed claims in favor of the Acoma and Laguna Pueblos, and other non-tribal parties. A mediated settlement agreement was entered in 2022, and the settling parties worked tirelessly in mediation with the New Mexico delegation on legislation to enact the settlement agreement. The legislation grants the Pueblos water rights, held by the United States in trust, in the Rio San Jose, a tributary to the Rio Grande. The legislation will provide Congressional authority for the Pueblos to allocate, distribute, and lease the Pueblo Water Rights both on and off Pueblo lands in accordance with the Act, the Settlement Agreement, and federal law. The Rio San Jose is a water supply long compromised by significant uranium development and overuse of limited groundwater supplies, which profoundly affected the hydrology of the basin. Now, the Rio San Jose is one of the most water-scarce stream systems in the U.S. and climate change has exacerbated the scarcity. The firm successfully mediated negotiations between the United States, two Pueblos, the Navajo Nation, local acequias, and local cities and towns to develop the settlement that is now before Congress for approval.
Our thanks to attorney Kelly Doyle, who prepared the above case summary highlights.