Public Agency
Lagerlof has practiced municipal and water law for more than 80 years, earning an unparalleled reputation in this area of practice.
Lagerlof has practiced municipal and water law for more than 80 years, earning an unparalleled reputation in this area of practice.
Our attorneys work to become valuable members of your team by listening to your needs and working hard to help you achieve success in meeting those needs. We have participated in many of southern California’s most prominent water rights cases, and continue to serve as general counsel for numerous public agencies and mutual water companies. We have represented scores of Southern California cities, special districts, joint powers authorities, mutual water companies and private corporations on water-related, environmental, public finance, legislative and rate-setting matters. We also have significant experience in harbor and port development and leasing matters.
Our area of expertise is as follows:
- State Water Project Contract issues
- Contract preparation and dispute resolution
- Water rights validations, adjudications and transfers
- Land and facilities acquisitions through condemnation proceedings and by negotiated purchase.
- CEQA (California Environmental Quality Act) processing and litigation
- Clean Water Act and NPDES permit issues
- All phases of public financing, including SRF grants and loans, private loans and municipal bond issuances
- Rate setting and Proposition 26 and 218 compliance
- LAFCO (Local Agency Formation Commission) proceedings
- Public works construction
- Software licensing and computer equipment transactions
- Brown Act and Public Records Act compliance
- Political Reform Act and conflict-of-interest matters
- Personnel and employment law matters

James Ciampa
jciampa@lagerlof.com

Thomas Bunn
tombunn@lagerlof.com

William Kruse
wfkruse@lagerlof.com
Public Agency Flyer:
FAQ
Most frequent questions and answers
Public agencies are governmental entities created by statute, charter, or public vote to serve a public purpose. Unlike private corporations, they are subject to laws governing transparency, public accountability, public records, and open meetings, while operating under specific statutory authorities.
Public agencies must comply with state and federal laws governing public operations, including budgeting, procurement, governance, and public access requirements.
Most public agencies are exempt from federal income taxation because they are political subdivisions of a state or qualify as governmental entities under federal tax law.
While the agency itself is generally tax-exempt, certain activities may generate taxable income if they constitute unrelated business activities.
UBTI is income earned from activities that are not substantially related to the agency’s governmental purpose.
Public agencies should evaluate revenue-generating activities such as facility rentals, advertising agreements, or commercial ventures to determine whether they could trigger federal tax obligations.
Municipal bonds often provide tax-exempt interest to investors, but strict federal requirements apply.
Agencies must comply with Internal Revenue Service regulations regarding bond proceeds, private-use limitations, recordkeeping, and post-issuance compliance to preserve tax-exempt status.
Water agencies have several financing options, including bonds, state revolving fund loans, grants, public-private partnerships, and rate-supported financing.
The best financing structure depends on the project scope, agency revenues, regulatory requirements, and long-term financial goals.
Strong governance includes clear policies, regular board training, ethical compliance programs, conflict-of-interest management, and transparent decision-making.
Agencies that maintain robust governance frameworks are better positioned to avoid litigation, regulatory penalties, and public trust concerns.
Public officials are generally subject to state conflict-of-interest laws, disclosure requirements, and ethics regulations.
Board members should disclose financial interests when required and recuse themselves from decisions that may present a conflict under applicable law.
Yes. Many agencies collaborate through Joint Powers Authorities (JPAs) or other intergovernmental agreements to share services, resources, and infrastructure.
Proper legal structuring is essential to define governance, liability allocation, financing responsibilities, and operational authority.
Federal and state grants may carry reporting, compliance, and expenditure requirements.
Agencies should carefully track grant funds, maintain required documentation, and ensure expenditures align with grant conditions to avoid repayment obligations or compliance issues.
Acquisitions often involve complex regulatory approvals, environmental review, financing considerations, and contractual obligations.
Agencies should conduct thorough legal, financial, and operational due diligence before acquiring water rights, treatment facilities, pipelines, or utility systems.
