Curriculum Vitae

Professional Activities, Honors, and Experiences

Education and Admissions

Bachelor of Arts Political Science / Law & Society, University of California, Riverside, 1999

Master of Arts Public Policy and Political Affairs, Rutgers University (Fellow of the Eagleton Institute of Politics), 2000

Juris Doctor, Chapman University, Dale E. Fowler School of Law, 2005

State Bar of California and California U.S. District Court, Central District of California, 2005

Speaking and Writing Events

Wes regularly speaks at conferences on the latest legislative and case developments impacting water resources issues

Wes is an editor and contributing author monthly for the California Water Law & Policy Reporter

Wes guest lecturers and teaches at various undergraduate, graduate, and law school universities around the State, including as an adjunct professor at Santa Clara University.

Particularly noteworthy works authored by Wes include:

· “Regulating Groundwater in California: Will Groundwater Sustainability Agencies Change the Landscape?” Environmental Law Reporter, Dec. 2015

· Contributing author of American Bar Association’s Environmental Law treatise, Fall 2017 re U.S.-Mexico water relations on the Colorado River and U.S. Bureau of Reclamation projects

· “Local Water Traversing Forest Service Lands: What’s Mine is not Yours!,” Western Water Law & Policy Reporter, Oct. 2017

Honors

Listed in The Best Lawyers in America (Water Law), Best Lawyers®, 2023, 2024, and 2025

Listed among Rising Stars (Environmental), Northern California Super Lawyers®, 2016-2017

Listed among Rising Stars (Environmental), Southern California Super Lawyers®, 2013-2015

Community Involvement

· Association of California Water Agencies, Legal Affairs Committee Member

· Groundwater Resources Association of California, Member

· California Lawyers Association, Litigation and Environmental Law Sections, Member

· Supporter of first responder, military, and veteran organizations and fundraising events

· Avid martial artist and competitor, supporting his dojo and practitioners of all ages and ranks to be their best

Experience

Water Rights and Water Resources

· Special Counsel for cities and public agencies for water rights and related supply and environmental matters.

· General Counsel for water, wastewater, and reclamation districts.

· Special Counsel for a federally recognized American Indian tribe.

· Lead counsel for the Sacramento Central Groundwater Authority in the first lawsuit filed under California’s Sustainable Groundwater Management Act (SGMA) and the California Environmental Quality Act (CEQA).

· Lead counsel in the Las Posas groundwater adjudication – the first case in state history to proceed under the Streamlined Adjudication Statutes for complex groundwater cases.

· Special counsel in several adjudicated groundwater basins that are subject to “Physical Solutions” for long-term basin management.

· Lead counsel for a municipality to protect its pre-1914 appropriative right and 19th century right-of-way in surrender proceedings pending before the Federal Energy Regulatory Commission and to obtain a Special Use Permit from the United States Forest Service, including CEQA compliance.

· Lead counsel for an agricultural entity in a CEQA writ proceeding and subsequent appeal involving issuance of a groundwater well permit being a “ministerial” or “discretionary” action by the issuing public agency.

· Lead trial and litigation counsel on several matters involving water rights and water supply issues including service as lead trial counsel through several phases of trial for a public water supplier with unique factual and legal issues in California’s largest groundwater adjudication commonly referred to as the Antelope Valley Groundwater Cases.

· Lead counsel in acquiring and protecting water rights and water systems and effectuating transfers of groundwater and surface water rights and water supplies, both in transactional matters and contested matters pending in state courts and administrative forums including the State Water Resources Control Board.

· Negotiating and enforcing water supply agreements including with “physical solutions” to better ensure long-term reliability through groundwater basin management.

· Advising public and private stakeholders on compliance with and strategies related to implementation of SGMA, including formation of Groundwater Sustainability Agencies (GSAs), Groundwater Sustainability Plans (GSPs) and Alternatives to GSPs.

· Special Counsel to private landowners and entities including energy and mining companies, agribusiness and vineyards, land developers, cemeteries and mutual water companies seeking to preserve and enhance water rights and long-term water supplies, including recycled water supplies.

· Defended successfully as lead counsel a municipality to protect its pre-1914 appropriative right and its superiority to a water right claim arising from an artificial, concrete-lined water conveyance system.

· Assisted a water district to manage local groundwater supplies on behalf of landowners, most of whom produce groundwater for irrigation uses and are riparian and pre-1914 appropriative water rights holders.

· Represented a municipality in the determination of overlying rights and protection of appropriative rights while also defending against a “takings” or inverse condemnation claim.

· Represented a private mortuary in California Court of Appeal and Supreme Court proceedings regarding groundwater storage rights, with Petition for Review granted and later dismissed.

· Served as General Counsel to Modesto Irrigation District, San Luis Rey Municipal Water District and Laguna Beach County Water District.

Water Quality and Natural Habitat

· Assists regional efforts with regulatory approvals for implementing river flow management measures designed to preserve and enhance fishery habitats.

· Lead counsel for one of the nation’s largest food producers including assistance to defend against Regional Board enforcement actions seeking a cease-and-desist order and administrative civil liability for alleged violations of Waste Discharge Requirements (WDRs). Successfully led to full retraction of a $1.5 Million fine.

· Lead counsel for private clients engaging in voluntary clean-up and remediation efforts involving federal, state and local regulatory agencies.

· Advisor to public and private clients regarding National Pollutant Discharge Elimination System (NPDES) permits.

· Former pro bono counsel to a southern California wetlands conservancy.

· Represented a municipality in the adjudication of surface water and groundwater supplies in which significant water quality contamination from perchlorate and VOCs dictate water supply use and long-term water resources management.

· Represented the League of California Cities as amicus party in a challenge by various Los Angeles County cities against the State Water Resources Control Board involving Basin Plan standards for stormwater quality control and related water quality standards.

· Represented several Los Angeles County cities in a challenge against the Regional Water Quality Control Board and State Water Resources Control Board regarding numeric limit standards for water quality standards (TMDLs) arising from NPDES permits.

Water Infrastructure and Finance

· Advising and negotiating agreements for sale or acquisition of recycled water supplies, wastewater collection and treatment, and related infrastructure.

· Advising on and advocating for grant awards from the California Department of Water Resources for water supply projects.

· Advising on legal and regulatory requirements for rate setting under Proposition 218 for public agencies and the California Public Utilities Commission for investor-owned utilities.

· Represented municipalities in transactional matters for repairs and construction of water conveyance systems, including drafting of operation and maintenance agreements.

· Represented a municipal water district in contested administrative proceedings before San Diego LAFCO regarding detachment/deannexation fees for groundwater management under the Cortese-Knox-Hertzberg Act.

· Assisted a municipal water district by drafting special legislation for a water availability charge compliant with Proposition 218, obtaining sponsorship for the bill, and guiding the client through the legislative process for the bill to become law.

· General Counsel (former) to one of California’s oldest and biggest irrigation districts that is one of a handful of publicly-owned electrical power producers with natural gas plants and hydroelectric power operations in California.