| Kronick
Plays Leading Role in Shaping California Water Law
by Madeline E. Doms
Kronick,
Moskovitz, Tiedemann & Girard
has been a prominent force in California water law for over 40
years. From its roots representing public entities that manage
water resources, Kronick Moskovitz has grown to become a full
service law firm comprised of nearly 60 attorneys who advise clients
in other areas as well: Business, Construction, Municipal and
Public Agency, Public Finance, Employment and Labor, Insurance,
General and Class Action Litigation, Education and Redevelopment
Law. The firm has continued its tradition of leadership in the
field of Water and Natural Resources, advising clients on the
laws governing water rights, water quality, drainage and environmental
protection.
Kronick Moskovitz
traces its roots to the meeting of Stanley Kronick and Adolf Moskovitz
in 1950, when both served as attorneys for the United States Bureau
of Reclamation. There, Kronick and Moskovitz formulated a policy
of water allocation that changed the future of water law. This
policy was adopted by California’s Attorney General and
served as a basis for a landmark United States Supreme Court decision,
Ivanhoe Irrigation District v. McCracken, 357 U.S. 275
(1958). Shortly after the founding of the firm of Kronick &
Moskovitz in 1959, Edward Tiedemann, a specialist
in water law, joined the firm. Fred Girard joined
the firm in 1967 after representing the State of California in
the trial and appeal of another well known California water law
case, United States v. Fallbrook Public Utility District,
347 F.2d 48 (9th Cir. 1965).
Early in
the firm’s history, Kronick and Moskovitz established a
legacy of working with public clients to develop water and hydroelectric
resources that have become the backbone of water supply in foothill
communities. The firm assisted Placer County Water Agency in the
successful development if its water supply and hydroelectric project
on the Middle Fork of the American River and also assisted in
Calaveras County Water District’s North Fork Stanislaus
River project. The firm continues to represent both agencies today,
as well as other foothill communities seeking to preserve the
water legacy of the forty-niners and plan for the water needs
of the burgeoning growth in these regions.
The firm
has had a statewide influence in California water law. In addition
to advising clients on local issues, Kronick Moskovitz has played
an integral role in drafting the legislation establishing the
Kern County Water Agency, and represents that agency and other
State Water Project contractors in matters affecting the State
Water Project - the largest state-owned water supply system in
the U.S.
The
scope of Kronick’s water law practice is demonstrated by
the variety of clients and issues addressed by its lawyers. Edward
Tiedemann, one of the firm’s founders, works extensive
on behalf of the Placer County Water Agency. Cliff Schulz
has been deeply involved in developing the institution that will
carry out the water supply and environmental protection programs
of the federal and state partnership called CALFED.
Daniel
O’Hanlon is helping to reshape implementation of
the federal Endangered Species Act. On behalf of farmers who receive
water from the federal Central Valley Project, the nation’s
largest water system, O’Hanlon successfully challenged the
federal government’s failure to consider water and energy
supply impacts caused by the Endangered Species Act. One recent
legal challenge resulted in the first successful substantive challenge
to a decision to list a species under the Endangered Species Act.
San Luis & Delta-Mendota Water Authority v. Badgley, 136 F.Supp.2d
1136 (E.D. Cal. 2000).
 Janet
Goldsmith specializes in traditional water rights law
before courts and administrative agencies. She specializes in
representing wineries, other landowners and public agencies in
California’s coastal regions, where the listing of threatened
and endangered fish species threatens to reduce water supplies.
Scott Morris brings 12 years of experience as
a certified professional civil engineer to bear on matters involving
water rights, water transfers, wetlands permitting, hazardous
materials, and mining and development permits.
Thomas
Birmingham, a Moskovitz protege who joined Kronick Moskovitz
in 1986 and led the firm’s Natural Resources section from
1991 to 2000, left the firm to become the General Manager/General
Counsel of longtime client Westlands Water District. Westlands,
which contains some of the most fertile and productive land in
the world, consists of nearly 1,000 square miles of prime farmland
between the Diablo Range of the California Coast Range mountains
and the trough, or lowest point, of the San Joaquin Valley in
western Fresno and Kings Counties. Westlands remains one of the
firm’s oldest clients and a potent force in California water
law and politics.
In response
to the challenges facing California, Kronick Moskovitz’s
natural resources practice has continued to grow. The firm has
handled many water transfers and practices regularly in the areas
of CEQA litigation, water quality, and groundwater rights and
litigation, and continues to advise clients on matters involving
the Clean Water Act, land use regulations, and acquisition of
water supplies.
As a result
of the firm’s diverse practice, the natural resources department
of Kronick Moskovitz is capable of assisting public and private
clients with a wide range of issues related to water and natural
resource law. The firm’s construction law practice and public
finance practice areas are available for new project development,
and its public law and employment law practice areas assist in
the day to day issues facing its clients.
If you have
questions concerning Kronick Moskovitz, please feel free to contact
Jon Rubin at 916 321-4500. |