This position requires a seasoned environmental law/public works construction attorney with at least 4 years of experience to provide legal expertise and support to the District’s Watershed Enterprise.

To be successful as a counsel to the Watershed Enterprise, the attorney must have knowledge of and experience in environmental law. Also, experience in public works construction and contracting is desirable, but not required. Primary responsibilities and duties include, but are not limited, to the following:

• Provide legal expertise and support in a wide range of environmental matters (including permitting laws/regulation and those matters evolving under climate change laws) related to California Environmental Quality Act; National Environmental Policy Act; Federal and State Endangered Species Act; the Porter-Cologne Water Quality Control Act; Comprehensive Environmental Response, Compensation, and Liability Act; and other state and federal environmental laws.

• Conduct legal environmental reviews in connection with the Watershed Enterprise’s construction, operation and maintenance activities.

• Provide legal support and counseling on acquisition of regulatory permits in support of Watershed Enterprise’s activities, including construction, operation and maintenance activities.

• Represent the District before regulatory agencies such as the California Department Fish and Game, National Marine Fisheries Services, U.S. Fish and Wildlife Service, State Water Resources Control Board and other state and federal agencies, which includes handling administrative appeals and seeking judicial writs.

• Provide legal support and counseling on endangered species and regional habitat conservation plans, including assisting in compliance with consultation and habitat conservation planning requirements under state and federal endangered species act, Clean Water Act, and other state and federal environmental laws.

• Provide legal support in District’s collaborating efforts with the United States Army Corps of Engineers and other state and federal regulatory agencies on District flood protection projects.

• Provide legal support on public works construction matters ranging from contracting with design/engineering professionals, bidding and award, to contract administration and enforcement.

• Provide legal guidance to staff on state and federal regulatory processes necessary to provide flood protection to business and residents in the County of Santa Clara.
• Appear before public agency boards, city councils, special districts, boards of supervisors, and other governmental bodies.

• Manage outside counsel and participate with outside counsel, as appropriate, in all litigation that impacts the District’s Watershed Enterprise.

• Draft ordinances, resolutions, and other legal documents in support of the Watershed Enterprise.

• Manage and supervise legal staff as assigned by the District Counsel.

• Develop legal compliance programs in support of Watershed Enterprise, including a program to interpret, report, and ensure District’s compliance of new case law, statutes and regulations.

• Perform all other tasks and assignments as directed by the District Counsel.

SENIOR ASSISTANT DISTRICT COUNSEL (Water Utility Enterprise)
This position requires a seasoned water law attorney with at least 4 years of experience to provide legal support to the District’s Water Utility Enterprise. To be successful as a counsel to the Water Utility Enterprise, the attorney must have knowledge of and experience in water and environmental law. Experience as an attorney advising public entities is desirable, but not required. Primary responsibilities and duties include, but are not limited, to the following:

• Perform legal research, evaluate alternatives, and make sound recommendations in all aspects of water law; recycled water; water rights administration; imported water; water right transfers; water rates/charges; water treatment plant and water conveyance,
operations, and maintenance; and water quality.

• Engage with elected officials, water retailers, agricultural water users, municipalities, and environmental groups to address the most critical water and environmental issues in the Sacramento-San Joaquin River Bay-Delta Estuary.

• Provide primary legal support to the District’s government affairs function, including drafting legislative bills and amendments, responding to questions and comments from legislators, lobbyists, other legislative staff, government employees, and members of the public concerning District introduced legislation, and attending and testifying before legislative committees and responding to technical and legal questions concerning District legislation.

• Analyzing and informing District management of pending legislation, regulatory rules, or other proposed regulatory changes that may impact the District, and provide comments, as appropriate, to regulatory agencies considering such legislation, regulatory rules, or other proposed regulatory changes during the public comment period.
• Keep abreast of, and report on litigation that could potentially impact the District’s management of its water resources pursuant to the District’s mission.

• Interface with federal and state regulatory agencies, including without limitation, the California Department of Public Health, Division of Safety of Dams, Federal Energy Regulatory Commission, in support of the District Water Utility Enterprise’s operations.

• Represent the District in administrative proceedings, including, without limitation, the Regional Water Quality Control Board and State Water Resources Control Board, which includes handling administrative appeals and seeking judicial writs.

• Appear before public agency boards, city councils, special districts, boards of supervisors, and other governmental bodies.

• Provide legal support in complex contract negotiations, such as drafting, negotiating or amending water transfer agreements, cost sharing agreements, water retailer agreements, imported water contractor agreements, and recycled water agreements.

• Manage outside counsel and participate with outside counsel, as appropriate, in all litigation which impacts the District’s Water Utility Enterprise.

• Provide legal support in the District groundwater charge and rate setting process.

• Draft ordinances, resolutions, and other legal documents in support of the Water Utility Enterprise.

• Manage and supervise legal staff as assigned by the District Counsel.

• Develop legal compliance programs in support of Water Utility Enterprise, including a program to interpret, report, and ensure District’s compliance of new case law, statutes and regulations.

• Perform all other tasks and assignments as directed by the District Counsel.

QUALIFICATIONS
Candidates for each of these positions must possess demonstrated legal expertise in the assigned areas coupled with demonstrated legal research, evaluation, interpretation and consultation skills. Candidates must be able to establish and maintain effective working relationships and effectively represent the interest of the District internally and externally; interpret and apply federal, state, and local policies, laws, and regulations; prepare complex legal instruments; select supervise, train, and evaluate staff; and analyze problems; identify alternative solutions, project consequences of proposed actions, and implement recommendations. Each position requires a minimum of four years of recent experience in the active practice of law in the State of California, including experience in at least one of the following fields: water resources; flood control; public entity risk management/litigation; real estate; public contracting/public works; California Environmental Quality Act (CEQA); or California public entity law (e.g., conflicts of interest, Brown Act, Public Records Act). Educational requirements include graduation from an accredited four-year college or university, graduation from an accredited law school, and current membership ( in good standing) of the California State Bar.

SALARY AND BENEFITS
SALARY RANGE: $145,204-$206,939 Annually
Appointment may be made at any point within the range, depending on qualifications. The District also offers a competitive management benefits package which includes:
• Retirement: The District participates in PERS. Required employee contribution of 8% (District pays 0.5926%; Employees pay 7.407%).
• Medical/Dental/Vision: Paid by the District for employee and eligible dependents.
• Holidays: 13 days per calendar year.
• Personal/Executive Leave: 24 hours of executive leave and 32 hours of prorated personal leave.
• Deferred Compensation: Voluntary program with $4,000 annual matching.
• Life Insurance: $100,000—District paid.
• Disability: District pays premiums.
• Other Benefits: Sick Leave, Professional Development, Vacation (28 days/year), and Tuition Reimbursement.