HomeMy WebLinkAboutUpdate on Selection of Water Rights Attorney.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT: Update on Water Rights Legal Consultant
MEETING DATE: May 2, 2011
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Advisory only
BACKGROUND: As part of the City’s efforts to develop an integrated water resources plan
(IWRP), the City Attorney’s office solicited Statements of Qualifications from attorneys and
firms qualified to provide legal services related to water rights issues of importance to the City.
Services will include assistance with the IWRP and a comprehensive evaluation of existing water
rights. Outside or Special Counsel often serve as experts in esoteric or highly specialized areas
of law. Special Counsel also can take on short-term, high intensity projects that would
overwhelm a small Municipal Attorney’s office. Finally, use of Special Counsel eliminates the
hiring of in-house staff for temporary needs.
We published the request for qualifications in the Bozeman Chronicle, and posted it on both the
City’s and Montana State Bar Association web pages. In addition, direct solicitation was made
to attorneys and firms that specialize in the area of water law. We consulted with other attorneys
with traditional relationships with Montana municipalities for additional referrals. The request
closes at 5:00 p.m. on April 22, 201, after this report is due.
Our request has generated impressive responses from firms recognized for their specialization
and experience in working with government entities with their water rights and land use issues.
We will start the process of ranking the firms by individually and independently reviewing the
proposals and/or Statement of Qualifications. Arrangements will be made to interview each firm
after sufficient time for us to review the proposals. After we select and retain an attorney/firm
we will report back to the Commission. We will discuss additional details at the May 2, 2011
meeting.
ALTERNATIVES: The Commission may choose to appoint one or more of its members to
assist in the selection process.
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FISCAL EFFECTS: The City Attorney’s office has requested that sums reserved in the water
impact fee fund for Sourdough Dam, or from the Water Fund, be appropriated for this
Agreement.
Report compiled on: April 21, 2011
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