Wesley A. Miliband

Wesley A. Miliband
Of Counsel
Sacramento, CA
P: 916.319.4676
Overview

About Wes

Wes Miliband leads the Firm’s California water practice. As a water rights and water resources lawyer, Wes is driven by passion for the subject matter with a proven track record of success and creativity on behalf of private and public interests throughout the State of California. Wes focuses on securing and protecting water rights and water supplies including assistance with water transfers as well as the infrastructure necessary to treat, store and deliver water. Wes’ practice lends itself to related environmental issues involving water quality impacts to surface water and groundwater supplies, regulatory permitting, and environmental compliance with federal and state requirements. With unique cross training as advisory, transactional and trial counsel, and having represented individuals and public and private entities, Wes provides clients with highly-sophisticated strategic approaches for effectively resolving challenging circumstances and disputes that result in environmental litigation.

Prior to joining Stoel Rives, Wes was a partner at a law firm based in southern California. Wes started his legal career as a Deputy District Attorney in Orange County, where he prosecuted twenty jury trials and several more before the court. As a law student, he clerked for Judge Gerald G. Johnston of the Orange County Superior Court. Prior to law school, Wes was on staff for a Member of Congress.

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Experience

Experience

Water Rights and Water Resources

  • Lead counsel for the City of Sacramento in the California WaterFix proceeding pending before the State Water Resources Control Board.
  • Lead counsel defending a public agency in the first lawsuit filed under California’s Sustainable Groundwater Management Act.
  • Lead counsel for agricultural entity in CEQA writ matter 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 California’s Sustainable Groundwater Management Act, commonly known as 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.
  • Assisting 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 U.S. Forest Service.
  • Defended 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.
  • General Counsel (former) to a municipal water district that reserves latent powers while actively protecting and managing surface water and groundwater rights and quality for the district's residents and agricultural growers, including implementation of an “AB 3030” groundwater management plan.

Water Quality

  • Assisted in defending against Regional Board enforcement actions seeking a cease-and-desist order and administrative civil liability for alleged violations of Waste Discharge Requirements (WDRs).
  • 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.
  • Former pro bono counsel to a southern California wetlands conservancy.
  • 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 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 a county water district serving approximately 25,000 people, often involving infrastructure projects and adept knowledge of California’s transparency rules known as the California Public Records Act, the Brown Act, and the Political Reform Act.
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Honors

Honors & Activities

Professional Honors and Activities

  • Listed among Rising Stars (Environmental), Northern California Super Lawyers®, 2016-2017
  • Listed among Rising Stars (Environmental), Southern California Super Lawyers®, 2013-2015
  • Member, American Bar Association, Environment, Energy and Resources Section, and Member of Water Resources Committee 
  • Member, Groundwater Resources Association of California, Co-Chair of Education Committee
  • Member, State Bar of California, Litigation and Environmental Law Sections
  • Member, Western Growers Association
  • Editorial Board and Monthly Article Contributor, Western Water Law and Policy Reporter

Civic Activities

  • Member, California Bountiful Foundation
  • Member, Cat Pack Booster Club and Cats Care Program of the Sacramento River Cats baseball team
  • Mentor and student resource, Chapman University Fowler School of Law and UC Davis School of Law
  • Volunteer, High School Mock Trial Competition, Constitutional Rights Foundation
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Insights & Presentations

Insights & Presentations

  • Regular contributor to California Environmental Law Blog and various publications throughout the State of California
  • Presenter, “The Perfect Storm: A Changing Climate in a New World of Groundwater Regulation,” American Groundwater Trust Conference, Feb. 2017
  • Presenter, “Securing Adequate Water Supplies for Your Project,” North State BIA Forward Planning Seminar, Sacramento, California, Feb. 2017
  • “Regulating Groundwater in California: How the Landscape Is Changing with SGMA,” Environmental Law News, Fall 2016
  • Presenter, “Developing a Central Valley Water Supply – Challenges and Developments,” CLE International – 24th Annual California Water Law Conference, New Regulations: The Legal vs. The Practical, Nov. 15, 2016 
  • Presenter, “The Future of Agriculture in a Changing World with Less Water and More Regulations,” Toward Sustainable Groundwater in Agriculture: Second International Conference Linking Science and Policy, San Francisco, CA, June 30, 2016
  • Presenter, "What Do All These New DWR Regulations Mean?" Argent Communication's 31st California Water Law & Policy Conference, San Francisco, CA, June 14, 2016
  • Presenter, "Creating New Water Supplies to Exceed Tomorrow's Water Demands," Bloomberg BNA Webinar, May 19, 2016
  • Co-Presenter, “SGMA and an Adaptive Groundwater Management Case Study,” Association of Environmental Professionals Conference, San Diego, CA, Apr. 4, 2016
  • Presenter, “Tapping ‘New’ Water: How Recycled Water Can Help Quench the State’s Thirst,” 26th Annual International Conference on Soil, Water, Energy, & Air, San Diego, CA, Mar. 22, 2016
  • Presenter, “Overcoming Legal and Regulatory Hurdles for Maximizing Water Resources with Reuse Projects,” WateReuse California Annual Conference, Santa Rosa, CA, Mar. 13, 2016
  • "BBNA Insights: Surface Water Regulation in California—New and Improved, or Just New?" Bloomberg BNA Water Law & Policy Monitor, Mar. 3, 2016
  • "Aquifer Protection Act - Slowing the Flow from California Aquifers, " Brown and Caldwell’s WaterNews, Mar. 3, 2016
  • Presenter, “What New Regulations to Modify Basin Boundaries Mean for You & Update on Statewide GSA Formation,” Stoel Rives Water Law Webinar, Feb. 10, 2016
  • Panelist, “Water-Energy Nexus and the New Normal,” California Water Law Symposium, Sacramento, CA, Jan. 23, 2016
  • "Navigating Rough Waters—Challenges in California to Securing and Maintaining Long-Term Supplies, " ABA SEER Water Resources Committee Newsletter, Jan. 2016
  • Presenter, “Success Stories in Water Infrastructure Finance,” Symposium on Water & Long-Term Value, San Francisco, CA, Dec. 14, 2015
  • "Regulating Groundwater in California: Will Groundwater Sustainability Agencies Change the Landscape?" Environmental Law Reporter, Dec. 2015
  • "Regulating Groundwater in California: Will the Landscape Change with GSA Formation, " Environmental Law News, Fall 2015
  • Moderator, Southern California David Keith Todd Lecturer Session, Groundwater Resources Association Annual Meeting, Sacramento, California, Oct. 2015
  • "Water Challenges, Public and Private, " The Daily Journal, Oct. 12, 2015
  • Presenter, “Maintaining Water Supplies During the Ebbs and Flows of California Water,” West LegalEdcenter Webinar, Sept. 23, 2015
  • Presenter, “How Changes to Basin Boundaries Intersect with GSA Formation,” Stoel Rives Water Law Webinar, Aug. 25, 2015
  • Co-Presenter, "Surface Water Diversions Under F&G Code Section 1602 – The Landscape has Changed," Stoel Rives Water Law Webinar, July 28, 2015
  • Presenter, ACWA Regulatory Summit, Lake Tahoe, California, Aug. 2014
  • Presenter, WateReuse Research Foundation’s Annual Conference, Phoenix, Arizona, May 2013



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