Somach Simmons & Dunn | Attorneys at Law
Read the full transcript from Aaron’s September 2020 virtual presentation for GRA’s Third Annual Western Groundwater Congress. “SGMA is complicated, groundwater adjudications can be complicated, but we’ve identified four key issues to focus on when determining whether the SGMA process has run its course and it is time to adjudicate.”
Aaron Ferguson’s expertise in water law is the result of a unique combination of working on complex water law issues coupled with previous careers as a water supply analyst and a regulatory affairs specialist. He provides a well-rounded vision on the water issues that face his clients.
Aaron helps clients understand and protect their water rights, maximize the value of their water supplies, and achieve their water supply planning objectives. He regularly advises landowners and public agencies with respect to the existence and scope of their water rights and memorializes his findings in water right opinions. Recently, he protected the surface water and groundwater rights of his clients in administrative and state court proceedings related to the proposed California WaterFix project. He also helped a client secure the addition of a point of diversion, place of use, and purpose of use to two water rights to provide for use throughout a portion of Sacramento County.
Aaron combines his knowledge of water law with his experience in water supply planning to assist clients in the development of water supply plans such as Urban Water Management Plans and Water Supply Assessments. He applied these skills to help clients develop Groundwater Sustainability Plans (GSPs) under the Sustainable Groundwater Management Act (SGMA) and continues to assist these clients with the implementation of their GSPs. He also provides advice to public agencies on Proposition 218 compliance for imposition of water rates. He recently advised a client in the development and adoption of a groundwater management fee pursuant to SGMA.
Aaron applies his expertise in water rights law to deliver efficient solutions to complex water resources challenges facing his clients, including negotiating and drafting facility capacity agreements and surface water and groundwater transfer agreements. He also assists clients in developing creative solutions to regulations proposed by administrative agencies, including his current work crafting alternatives to the California State Water Resources Control Board’s (State Water Board) flow-based approach to maintaining and improving water quality in the Bay-Delta watershed in what is known as the Voluntary Agreement process. He helps clients challenge administrative agency decisions through agency appeals and litigates agency decisions in court. His current work includes litigation contesting the constitutionality of the State Water Board’s water quality certification fee.
Outside of his law practice, Aaron enjoys spending time with his family, hiking, and skiing.
Serve as special counsel to the Sites Project Authority in its pursuit of a water right permit from the State Water Board for the Sites Reservoir Project, a proposed new reservoir in the Sacramento Valley with a storage capacity of 1.5 million acre-feet.
Serve as special counsel to the County of Sacramento, Sacramento County Water Agency (SCWA), City of San Diego, City of Yuba City, and Carmichael Water District on water rights and resources matters.
Advised municipal and irrigation district clients and negotiated Central Valley Project repayment contracts pursuant to the Water Infrastructure Improvements for the Nation Act. Currently defends these clients in federal court litigation challenging these contracts.
Advise San Luis Obispo County Flood Control and Water Conservation District on water rights matters related to petitions for changes to the appropriative rights supporting its Nacimiento River water supply.
Counsel clients regarding transfers of appropriative, contract, and remediated water rights and supplies, including preparation of purchase and sale agreements and related regulatory matters.
Managed County of Sacramento and SCWA’s protests of the California WaterFix Project’s petitions for changes before the State Water Board, including preparation, presentation, and defense of expert witnesses and cross-examination of opposing party witnesses.
Managed SCWA’s petitions for change through a quasi-adjudicative hearing before the State Water Board’s Administrative Hearings Office (AHO), including preparation, presentation, and defense of expert witnesses and cross-examination of opposing party witness. Secured a favorable order from the AHO approving changes to SCWA’s water rights, thereby providing almost 1,000 acre-feet of new water for municipal uses throughout a portion of Sacramento County.
Manage the City of San Diego and San Diego County Water Authority’s Proposition 26 litigation in Sacramento Superior Court challenging the constitutionality of the State Water Board’s water quality certification fee.
Represent the County of Sacramento, SCWA, and the City of Yuba City as defendants in state court litigation wherein the California Department of Water Resources seeks to validate its authority to adopt bond resolutions and issue bonds for the Delta Conveyance Project.
Serve as general counsel to Glenn-Colusa Irrigation District and Byron-Bethany Irrigation District.
Advised municipal and irrigation district clients and negotiated agreements forming Groundwater Sustainability Agencies (GSAs) pursuant to the SGMA.
Advise GSAs in the preparation and implementation of GSPs.
Successfully developed and implemented strategies for the adoption of Proposition 218 compliant water rates for irrigation districts and a joint powers authority fee for SGMA planning costs.
Counsel clients in the preparation of Water Code section 10910 Water Supply Assessments and Urban Water Management Plans.
Read the full transcript from Aaron’s September 2020 virtual presentation for GRA’s Third Annual Western Groundwater Congress. “SGMA is complicated, groundwater adjudications can be complicated, but we’ve identified four key issues to focus on when determining whether the SGMA process has run its course and it is time to adjudicate.”
