Kirk B. Maag
Experience
Kirk Maag is an environmental and natural resources attorney who advises clients in
natural resource-dependent industries. Kirk focuses his practice on water rights and
related transactions, real property transactions in the timber and agricultural
industries, and local, state, and federal regulations affecting the storage,
transportation, disposal, and cleanup of solid and hazardous materials and wastes.
Prior to joining Stoel Rives, Kirk was a law clerk to Judge Carlos T. Bea on the Ninth
Circuit Court of Appeals (2009-2010); a summer associate at Stoel Rives in Portland
(summer 2008); and a law clerk at Yturri Rose LLP in Ontario, Oregon (summer 2007).
Before starting his legal career, Kirk worked on his family's irrigated farm and feedlot
in Vale, Oregon. He also worked for five years as a leadership conference facilitator
and manager for the National FFA Organization (Future Farmers of America) in
Washington, D.C. From 2000 to 2001, Kirk served as a state officer for the Oregon FFA
Association.
Representative Work
Associate
Portland, OR
(503) 294-9546 direct
(503) 220-2480 fax
kirk.maag@stoel.com
Water Law
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Represented irrigation district in state court litigation to secure access to
Education
potential reservoir site for purposes of surveying and testing.
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J.D., 2009, magna cum laude
Negotiated settlement of contested case related to an instream transfer of water
Order of the Coif
rights.
Editor-in-Chief, Georgetown Law
Assist irrigation districts and individual water users to inventory and secure
Journal's Annual Review of Criminal
Procedure
existing water rights, obtain new water rights and transfer existing water rights
for new uses.
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Georgetown University Law Center,
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Oregon State University, B.S.,
environmental economics, policy and
Advise potential property buyers regarding water rights associated with farm,
management, 2006, summa cum laude
ranch, and recreation properties as part of due diligence review.
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Represented municipal water supplier in drafting and obtaining approval of a
Water Management and Conservation Plan and in applying for an extension of a
water use permit.
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Advise irrigation districts and other quasi-municipal entities regarding compliance
with public records and public meeting requirements.
Admissions
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Oregon
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U.S. District Court for the District of
Oregon
Kirk B. Maag
Timber Industry
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Represented Green Diamond Resource Company in its acquisition of approximately 600,000 acres of timberland in southern
Oregon and northern California.
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Represented Brookfield Asset Management Inc. in due diligence and real estate aspects of $2.65 billion sale of timberlands
assets, including approximately 645,000 acres of Pacific Northwest timberlands.
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Represented timberland investment management organization (TIMO) in the auction sale of approximately 5,600 acres of
timberlands and related assets in northwest Oregon.
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Advised clients regarding developments in forest and range fire liability under state and federal law and assisted in drafting
legislation to reform forest fire liability in Oregon and Washington.
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Advised client that purchases state and federal timber regarding restrictions on the export of timber.
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Represented federal timber purchaser in connection with filing a demand letter and claim with the United States Forest Service
to recover for injuries arising out of a federal timber sale contract.
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Drafted Lacey Act compliance policy and agreements necessary to implement policy for importer of plant/wood products.
Agricultural Industry
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Advised national food company regarding compliance with Spill Prevention, Control, and Countermeasure (SPCC) rule and U.S.
Department of Transportation (DOT) Hazardous Materials Regulations (HMR).
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Assisted in prosecuting lawsuit regarding $350,000 claim by agricultural commodities wholesaler against debtor, including claims
involving breach of contract and breach of personal guaranties.
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Drafted comments on Department of Environmental Quality's (DEQ) proposed general permit for aquatic pesticide use by Oregon
irrigation districts.
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Advised food processor regarding local, state and federal permit requirements associated with development of processing
facility.
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Advised dairy regarding compliance with Confined Animal Feeding Operation (CAFO) permit.
Environmental Regulation Compliance
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Advised multiple clients regarding the transportation of hazardous materials under state and federal regulatory programs,
including requirements prescribed by the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations (HMR).
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Advised client regarding local, state and federal permitting requirements associated with proposed development of gold mining
operation and supervised the work of a consulting firm engaged to prepare a technical memorandum related to proposed
operation.
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Advised clients and drafted public comments regarding the proposed listing of a species as threatened under the Endangered
Species Act (ESA) by the U.S. Fish and Wildlife Service (USFWS) and the proposed designation of critical habitat for the species.
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Drafted comments on draft environmental assessment (EA) for proposed hardrock prospecting project on federal land and
advised client regarding National Environmental Policy Act (NEPA) procedures and requirements.
Kirk B. Maag
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Advised client facing regulatory deadline regarding the transportation of hazardous materials to disposal facility consistent with
Resource Conservation and Recovery Act (RCRA)regulations.
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Advised client regarding potential fair notice defense to enforcement action by federal regulatory agency.
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Advised client regarding potential claim for natural resource damages (NRD) under Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) and Oregon law.
Professional & Civic Activities
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Executive Committee, Oregon State Bar Environmental & Natural Resources Section
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Member, Oregon State Bar Agricultural Law Section
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Member, Oregon State Bar Real Estate & Land Use Section
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Board Member for Oregon FFA (Future Farmers of America) Foundation
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Alumni Advisor for Phi Gamma Delta Fraternity (Oregon State University)
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Member, Search Committee, Oregon State University Director of Center for Fraternity and Sorority Life (2014, 2015)
Publications & Presentations
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Presenter, "Water Easements," Easements and CCRs in Oregon, The Seminar Group, Portland, OR, Apr. 27, 2016
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Presenter, "Water Rights and Drought in the Timberlands Management," Pacific Northwest Timberlands Management, The
Seminar Group, Portland, OR, Apr. 1, 2016
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Co-presenter, "Resource Conservation and Recovery Act," ELI Western Boot Camp, San Francisco, CA, Mar. 16, 2016
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Moderator, “Western Drought – Reshaping the Northwest,” Northwest Environmental Conference & Tradeshow, Portland,
Oregon, Dec. 8, 2015
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Presenter, “Key Legal Cases and Issues Impacting Irrigated Agriculture,” Oregon Water Resources Congress Annual Conference,
Hood River, Oregon, Dec. 2, 2015
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Presenter, “Public Records and Open Meetings: Removing the Haze from Government Transparency Requirements,” Oregon
Water Resources Congress Annual Conference, Hood River, Oregon, Dec. 1, 2015
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Presenter, “Water Rights 101,” Chemeketa Community College AgriBusiness Management Program, Salem, Oregon, Nov. 17,
2015
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Presenter, "Hot Topics in the Development of New Water Storage," Oregon Water Law Conference, The Seminar Group,
Portland, Oregon, Nov. 13, 2015
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Presenter, "Public Records and the Consultant/Attorney Team: Removing the Haze from Government Transparency
Requirements," Portland, Oregon, Oct. 27, 2015
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Presenter, "RCRA 101: A 10-minute Introduction to the Resource Conservation and Recovery Act," Environmental Law: Year in
Review, Environmental and Natural Resources Section of the Oregon State Bar, Portland, Oregon, Oct. 23, 2015
Kirk B. Maag
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Author, “Water Rights and Transactions,” Oregon Real Estate Deskbook, 2015 Edition
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Presenter, “2015 Legal Update: Water, Fire, and Critters,” 2015 OSCPA Forest Products Conference, Oregon Society of Certified
Public Accountants, Eugene, Oregon, June 26, 2015
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Author, "The State's Property Interest in Wildlife," Oregon Real Estate and Land Use Digest, May 2015
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Presenter, "Water Rights 101," Quarterly Meeting of Ag Advisors of the Willamette Valley (copanelists included former and
current Director of Oregon Water Resources Department), Salem, Oregon, May 14, 2015
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Presenter, “Water Rights & Watercourses: Ownership, Allocation Systems, & Property Boundaries,” Determining Land Ownership
and Access Rights, HalfMoon Education, Inc., Portland, Oregon, Dec. 5, 2014
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Presenter, “Oregon Spotted Frog: The Newest Challenge for Deschutes Basin Irrigators,” Jefferson County Farm Bureau Annual
Meeting, Madras, Oregon, Nov. 22, 2014
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Presenter, “Spill Prevention, Control, and Countermeasure (SPCC) Plans,” Lunch Workshop Series, Stoel Rives Environment, Land
Use and Natural Resources Group, Portland, Oregon, Nov. 19, 2014
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Presenter, “Legal Issues: Measure 91, Smudge Pots & More,” Operations and Maintenance Workshop, Oregon Water Resources
Congress, Forest Grove, Oregon, Nov. 17, 2014
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Presenter, “What is ‘Injury’? A New Look at an Old Concept,” Oregon Water Law Conference, The Seminar Group, Portland,
Oregon, Nov. 6, 2014
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Presenter, “PRP Claims under CERCLA: The Rules Continue to Change,” Environmental Law: Year in Review, Environmental and
Natural Resources Section of the Oregon State Bar, Portland, Oregon, Oct. 24, 2014
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Presenter, “Water Rights 101 & the Klamath Basin Adjudication,” Oregon State University, Corvallis, Oregon, June 2, 2014
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Presenter, "Hot Topics in Oregon Water Law," Northwest Irrigation Operators Conference, Boise, Idaho, Feb. 12, 2014
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Presenter, "Water Rights 101 & the Klamath Basin Adjudication," Western Resources Legal Center, Portland, Oregon, Feb. 5,
2014
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Moderator, "Environmental, Health & Safety Audits & Inspections - Avoiding and Managing Surprises," Northwest Environmental
Conference & Tradeshow, Portland, Oregon, Dec. 10, 2013
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Presenter, "What Irrigation Districts Should Know About Easements II," Oregon Water Resources Congress Annual Conference,
Hood River, Oregon, Dec. 3, 2013
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Co-author, "Tools for Managing and Protecting Water Rights in Oregon," Irrigation Leader, 2013
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Presenter, "Water Law 101," Oregon Water Law Conference, The Seminar Group, Portland, Oregon, Nov. 7, 2013
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Presenter, "Nonessential Experimental Population Designation: A Win-Win for Water Users and Steelhead," Fisheries &
Hatcheries: Legal and Regulatory Frameworks, The Seminar Group, Seattle, Washington, Sept. 19, 2013
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Presenter, "2013 in Review: Water-Related Bills in the Oregon Legislature, New Rules, and the Klamath Basin," Water Laws and
Regulations, HalfMoon Education, Inc., Portland, Oregon, Aug. 22, 2013
Kirk B. Maag
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Author, Quarterly reports on Oregon water law for Water Law Newsletter, publication of Rocky Mountain Mineral Law
Foundation, 2012-present
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Presenter, "What Irrigation Districts Should Know About Easements," Oregon Water Resources Congress Annual Conference, Hood
River, Oregon, Nov. 27, 2012
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Presenter, "Protecting the Attorney-Client Privilege," presentation to Maul Foster & Alongi, 2012
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Author, "ESA Experimental Population: NMFS' First Proposed Designation a Win-Win for Water Users and Steelhead," The Water
Report, 2011
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Author, "Climate Change Litigation: Drawing Lines to Avoid Strict, Joint, and Several Liability," Georgetown Law Journal, 2009
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Co-author, "Securing Access to Forestlands," Northwest Woodlands, Summer 2008, and Western Forester, Sept.-Oct. 2008
Professional Honors and Activities
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Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Environment), 2016