Elizabeth P. Ewens 

Elizabeth P Ewens’ watershed cases are literally and figuratively groundbreaking, addressing a cascade of issues that will continue to affect California for years to come.

As a water resources attorney who practices in Stoel Rives’ environment, land use and natural resources group in Sacramento, Ewens represents parties in water management and environmental litigation, including comprehensive groundwater adjudications.

In a case of first impression, which addresses the Sustainable Groundwater Management Act (SGMA) passed by California in 2014, Ewens is currently defending Fox Canyon Groundwater Management Agency (FCGMA) in an adjudication brought by the Las Posas Valley Water Rights Coalition to determine the management and allocation of groundwater resources for the Ventura County region.

“It really is a groundbreaking case,” she said, “in that it is currently the lead case in a post-SGMA world, where we are trying to marry the adjudication of water rights with this new law that has very specific provisions about how groundwater resources are to be managed in California.”

As one of the top 10 agricultural regions in California, Ventura County is facing long-term sustainability challenges for its immense aquifers.The plaintiffs, a group of landowners and business owners, seek a court determination of water rights and also challenge FCGMA’s management of the basin, claiming interference with their water rights.

“In these post-SGMA adjudications, the tension is between the allocation of water rights and what that means for the continued use and development of groundwater basins,” Ewens said, “and how does that relate to the obligation under SGMA for groundwater sustainability agencies or public agencies to make sure that the basins are managed sustainably?”

She was grateful to witness California’s recent rain-drenched winter, which helped alleviate some of these concerns for agricultural landowners.

“It takes a really long time for that [rain]water to actually percolate down into the basin and recharge the aquifer, but one thing that it does do is it takes the pressure off of pumping and the need for parties to rely on groundwater, and it also increases the availability of surface water supplies,” she said. “So, in that respect, it has been really helpful.”

— Kathryn Stelmach Artuso