Frederic Fudacz is one of the foremost water lawyers in California. His work includes representing water users in complex litigation involving the adjudication of water rights, representing water purveyors with contaminated groundwater supplies, and providing a wide range of legal advice to court appointed watermasters. With more than three decades of experience, he has significant trial and negotiating skills.
Mr. Fudacz has secured nearly $500 million worth of contamination settlements in two of the largest groundwater perchlorate pollution cases in the State, has represented significant clients in landmark water rights adjudications, has been involved in establishing successful groundwater storage programs, and provides knowledgeable advice to developers on water reliability strategies.
Mr. Fudacz has been an expert witness on water issues in the courtroom and before the State Water Resources Control Board. He is a frequent speaker on water and groundwater contamination issues to key business and water industry groups and has been named a Southern California "Super Lawyer" for Environmental Law in 2005-2015.
He is AV Preeminent® Peer Review Rated by Martindale-Hubbell.
Main San Gabriel Basin Watermaster. Serving as general counsel to the Watermaster, a court-appointed agency charged with implementation of the Main San Gabriel Basin adjudication judgment. Negotiated a landmark settlement of $350 million with eight companies responsible for groundwater contamination in the San Gabriel Valley. Advising on the determination of safe operating yield, evaluation of proposed assessments, analysis of operations affecting water quality, issues relating to reclaimed water, and documentation of transfers of rights.
Castaic Lake Water Agency, Newhall County Water District, Santa Clarita Water Company and Valencia Water Company. Served as lead counsel to a group of water purveyors, successfully obtaining a summary judgment and negotiating a $100 million settlement for clean up of perchlorate contamination in the Upper Santa Clara River basin. Summary judgment decision against defendants establishing their liability for clean-up costs was published. (272 F.Supp.2d 1053 (2003)).
Apple Valley Ranchos Water Company. Serving as water rights counsel since the mid 1980's on numerous matters. Served as one of the lead trial and appellate attorneys in the Mojave River Basin adjudication, helping achieve a judgment to which a vast majority of the parties in the area stipulated. Currently handling proceedings in Riverside Superior Court respecting implementation of the Supreme Court decision in Barstow v. Mojave Water Agency. Also advising on rights to reclaimed water discharged to the Mojave River in a matter before the State Water Resources Control Board. Representation includes advising on Safe Drinking Water Act standards and handling water rights transfers.
Upper Los Angeles River Area Watermaster. Provided counsel on issues relating to the water rights judgment for the San Fernando Valley. Lead counsel in litigation terminating the pumping of water on a large ranch in Little Tujunga Canyon that violated the San Fernando Basin judgment. Also provided legal counsel on determination of water rights, groundwater contamination, reclaimed water, and other issues.
Cities of Arroyo Grande, Grover Beach, Pismo Beach, and the Oceano Community Services District. Successfully represented these public water suppliers in the water rights adjudication of the Santa Maria Valley Groundwater Basin. Defeated landowners' claims that their water rights were superior to clients' rights, and prevailed on clients' cross-claims by obtaining declaratory relief and a physical solution to manage the groundwater basin in the future. The litigation involved more than 1,000 parties.
Paramount Farming. Advised on all aspects of the Kern Water Bank transaction, including the formation of a new public entity, relinquishment of entitlements, water rights, and all related environmental issues, to create a successful groundwater storage scheme.
Orange County Water District. Successfully represented client in water rights litigation defeating a Petition for Writ of Mandate.
City of Santa Monica. Served as counsel to the City in the adjudication of the Charnock Basin. Negotiated a stipulated conclusion to the litigation, which gave Santa Monica total ownership of Basin waters. Served as water rights counsel in the City's successful cost recovery efforts relating to MTBE contamination of Basin supplies.
San Gabriel Valley Protective Association. Representing the Association before the State Water Resources Control Board with regard to rights to reclaimed water discharged to the San Gabriel Basin.
Raymond Basin Management Board. Served as special counsel to a judicial entity implementing the Raymond Basin water rights adjudication judgment. Representing the Board in negotiations of a comprehensive conjunctive use agreement with the Metropolitan Water District of Southern California.
City of Ontario. Representing the City with respect to water rights and contamination issues in the Chino Basin.
Mutual Water Companies. Serving as special counsel to San Antonio Water Company and Fontana Union Water Company, two of the oldest mutuals in California, on a wide range of water issues.