Wesley A. Miliband
Experience
Wesley A. Miliband is a water resources lawyer, focusing his legal practice on securing,
protecting and assisting with transfers of water supplies and rights 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 including NEPA, CEQA, and water quality control
statutes arising from the federal Clean Water Act and California’s Porter-Cologne
Water Quality Control Act. 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
Of Counsel
litigation.
Sacramento, CA
Prior to joining Stoel Rives, Wes was a partner at a law firm based in southern
(916) 319-4676 direct
California. Wes started his legal career as a Deputy District Attorney in Orange
County, where he prosecuted twenty jury trials. 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.
(916) 447-4781 fax
wes.miliband@stoel.com
Education

Representative Work
Chapman University Fowler School of
Law, J.D., 2005
Water Rights and Water Resources

Lead trial and litigation counsel on several matters involving water rights and
o
Mock Trial Board Member
water supply issues including service as lead trial counsel through several phases
o
Certificate in Environmental,
of trial for a public water supplier in California’s largest groundwater
adjudication commonly referred to as the Antelope Valley Groundwater Cases.

Land Use, and Real Estate Law

Rutgers University, M.A., Public Affairs
and Politics, 2000
Lead counsel in acquiring and protecting water rights and water systems and
effectuating transfers of groundwater and surface water rights and water
o
supplies, both in transactional matters and contested matters pending in state
of Politics
courts and administrative forums including the State Water Resources Control
Board.


1999
solutions" to better ensure long-term reliability through groundwater basin

Advising on compliance with and strategies related to implementation
of California’s Sustainable Groundwater Management Act, commonly known as
University of California, Riverside,
B.A., Political Science/Law & Society,
Negotiating and enforcing water supply agreements including with "physical
management.
Fellow of the Eagleton Institute
Admissions

California

U.S. District Court for the Central
District of California
Wesley A. Miliband
SGMA, including formation of Groundwater Sustainability Agencies (GSAs) and Groundwater Sustainability Plans (GSPs).

Special Counsel to private landowners and entities including energy companies, agribusiness, vineyards, cemeteries and mutual
water companies seeking to preserve and enhance water rights and long-term water supplies, including recycled water supplies.

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.

Defended 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.

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

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.

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.
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.
Wesley A. Miliband

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.
Professional Honors and Activities

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, Deputy Chair of Education Committee

Member, State Bar of California, Litigation Section

Member, Western Growers Association
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Member, California Special Districts Association, LAW Group Committee

Editorial Board and Monthly Article Contributor, Western Water Law and Policy Reporter
Presentations

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

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

Presenter, "Success Stories in Water Infrastructure Finance," Symposium on Water & Long-Term Value, San Francisco, CA, Dec.
14, 2015

Moderator, Southern California David Keith Todd Lecturer Session, Groundwater Resources Association Annual Meeting,
Sacramento, California, Oct. 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
Wesley A. Miliband

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
Publications

Regular contributor to California Environmental Law Blog and various publications throughout the State of California

"BBNA Insights: Surface Water Regulation in California—New and Improved, or Just New?" Bloomberg BNA Water Law & Policy
Monitor, Mar. 3, 2016

"Navigating Rough Waters—Challenges in California to Securing and Maintaining Long-Term Supplies," ABA SEER Water Resources
Committee Newsletter, Jan. 2016

"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

“Water Challenges, Public and Private,” The Daily Journal, Oct. 12, 2015
Civic Activities
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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

Pro Bono Legal Counsel (former) to a non-profit wetlands