Alfred E. Smith - Partner

Alfred Smith, Chair of Nossaman's Water Group, has more than a decade of experience advising public and private water purveyors, major water users, corporations and public agencies on a full range of environmental and water related issues. He has consistently achieved favorable results for his clients on matters involving regulatory issues, water rights disputes, groundwater management, and litigation over water and soil quality. Mr. Smith has developed water supply assessments for a wide range of residential and commercial developments.

Mr. Smith has successfully litigated at all levels. His accomplishments include helping negotiate one of the state's largest water contamination mitigation settlements in favor of his clients and winning a unanimous decision from the U.S. Supreme Court.

Mr. Smith is an appointed member of the Association of California Water Agencies' (ACWA) Legal Affairs Committee.  He was named a Southern California "Rising Star" in 2009 and a "Super Lawyer" in 2008 by Los Angeles magazine.

Representative Work

Main San Gabriel Basin Watermaster. Special counsel to the Watermaster on all aspects of operation and management of the vast San Gabriel Groundwater Basin. Successfully negotiated the landmark $300 million settlement with eight companies responsible for contaminating the Basin's water supplies.

Castaic Lake Water Agency, Newhall County Water District, Valencia Water Company, and Santa Clarita Water Company. Represented four water agencies in a federal action to force a clean up of perchlorate contamination in the Santa Clarita Valley. Obtained summary judgment against defendants establishing their liability for clean up costs in a decision reported at 272 F.Supp.2d 1053 (2003). The settlement agreement provided the agencies with an estimated $100 million dollars for clean up.

Association of California Water Agencies ("ACWA"). Represented ACWA, the National Association of Water Companies, the California Water Association, the California State Association of Counties and several other parties before the United States Supreme Court in U.S. v. Atlantic Research, a CERCLA cost recovery action. Obtained a unanimous decision from the Supreme Court in favor of these clients.

Upper Los Angeles River Area (ULARA) Watermaster. Special counsel to the Watermaster on the full range of water issues relating to the ULARA, which provides approximately 15 percent of the City of Los Angeles' total water supply needs. Successfully represented the Watermaster in litigation concerning chromium VI contamination in the San Fernando Valley and in preventing the waste of water valued at over $10 million.

Apple Valley Ranchos Water Company. Served on the appellate team that successfully litigated water rights in the Mojave River System before the California Supreme Court. Advised client in the preparation of its Urban Water Management Plan and SB 610 water supply assessments for major commercial developments.

Sativa Los Angeles County Water District. General Counsel advising on Proposition 218, the Brown Act, water rights, environmental issues, local agency formation commission (LAFCO) and other issues. Advising the District on contracts, financing and permitting issues in connection with major system and facilities improvements.

City of Santa Monica. Served as water rights counsel to the City in groundwater litigation involving MTBE contamination in the Charnock Basin. Matter settled favorably for the client.

Cities of Pismo Beach, Grover Beach, Arroyo Grande and the Oceano Community Services District. Representing several water purveyors in complex water rights litigation involving over 700 parties. Advising on implementation of settlement after successfully negotiating settlement terms favorable to the clients.

City of Ontario. Representing the City with respect to water rights and contamination issues in the Chino Basin. Advising the City on the construction, permitting, operation and financing of desalination and water recycling facilities.

Standard Pacific Homes. Assisted client with land use entitlements, environmental due diligence and SB 221 water supply assessments for large residential developments.

Southern California Edison. Advised client on its water rights associated with the successful sale of its 26 hydroelectric plants throughout California. Reviewed documentation from as early as 1887, including contracts, notices of appropriation and judgments relating to water rights associated with each project.

Professional Affiliations

Presentations

Speaker, "Current Urban Water Use Issues," California Water Association, June 5, 2008.

Speaker, "Water Supply: Turning Case Law into a CEQA Analysis," Association of Environmental Professionals, Chapman University, May 12, 2008.

Speaker, "Watermasters," CLE International Water Law Institute, November 2, 2007.

Speaker, "Litigation and Emerging Contaminants," American Water Resources Association, Vail, Colorado, June 26, 2007.

Speaker, "Watermasters and the Management of Adjudicated Groundwater Basins," CLE International, October 27, 2006.

Speaker, "Water Supply and Development: SB 610 and SB 221," Building Industry Association of the San Joaquin Valley Members, March 16, 2006.

Speaker, "Urban Water Management Plans. What Can Go Wrong? Some Case Studies," Urban Water Institute, Riverside, California, January 24, 2005.

Publications

Education

J.D., Harvard Law School, 1996

B.A., University of California, Berkeley, 1993
Phi Beta Kappa

Admitted