Leveraging 30 years of experience in water rights, natural resources, and real estate law to serve clients throughout the western United States.
Doug MacDougal is a nationally recognized water rights and resources expert with vast water-related experience and a reputation for deft “code switching” between in multidisciplinary settings, a skill he leverages along with his technical science background to help consultants, lawyers, business people, and environmental advocates find common ground.
With unmatched substantive expertise and a proven, decades-long track record, Doug serves as counsel on a wide array of permitting, regulatory compliance, and natural resources policy matters, as well as water rights negotiations in Oregon involving federal, tribal, environmental, and private-party interests, and contested water cases involving water right transfers, stream and groundwater hydrology, and tribal/native rights nationwide—including the ongoing Klamath Adjudication. He frequently consults on individual, basin, and watershed issues involving water rights, the Clean Water Act, ESA Section 7 consultations, dams and hydropower operations, with frequent emphasis on ports, irrigation water users, ranches, and municipalities. In addition, Marten clients trust Doug with complex environmental diligence in multi-party real estate and other large transactions.
Doug is listed in The Best Lawyers in America and is named one of “Portland’s Best Lawyers” in water law by Portland Monthly.
- Represent an irrigation district in a collective negotiating effort to attempt to settle water rights of the Confederated Tribes of the Umatilla Indian Reservation.
- Represent owner of several ranches in the Wood River in contested cases on claims of USBIA and Klamath Tribes for tribal instream water rights in the Klamath Basin Adjudication.
- Represented large hydropower client in Klamath Basin Adjudication and contests to tribal instream water rights on the Klamath River and Upper Klamath Lake in the Klamath Adjudication. Worked on a successful settlement of that controversy.
- Represented three large irrigation districts in southern Oregon in a multi-year Endangered Species Act consultation on a large Bureau of Reclamation project, culminating in a no-jeopardy biological opinion.
- Represented national conservation organization in the settlement on more than 25,000 acres of land in separate case involving the Sycan Marsh and the Williamson River Delta in the Klamath Basin Adjudication. Worked with tribal and United States interests in settling claims in that multiyear effort.
- Represent a port on the Columbia River in the development of its Water Management and Conservation Plan and in the perfection and marketing of its water rights.
- Advise a large Oregon municipality in the strategic planning and perfection of its water rights
- Represent southern Oregon resort landowner in various land transactions with the Bureau of Reclamation
- Concluded informal consultations with federal and state resource agencies on developing a fisheries plan to protect bull trout, a listed species, and other resources in the Upper Hood River Basin.
- Counseled a large ranch in eastern Oregon dealing with regulatory issues and prior appropriation conflicts among water users.
- Represented an Oregon Coast municipality in fending off a contest by another municipality in the development of its wellfield critically needed for its future growth.
- Undertook water and natural resource due diligence for a large west coast bank in the financing of tens of thousands of acres of farmland in Eastern Oregon.
- Obtained a significant water right and NPDES permit for a Port on the Columbia River for industrial development.
Education & Clerkship
- J.D., cum laude, Washington and Lee University (1973)
(Law Review Note and Comment Editor)
- B.S., Mathematics, University of Vermont (1967)
Admissions & Memberships
- State Bars of Oregon, Washington and Hawaii
- U.S. District Courts for District of Oregon and Hawaii
Recognition & Activities
- Vice Chair, Governing Board, Oregon Department of Geology and Mineral Industries (DOGAMI) (appointed by Governor Kulongoski and confirmed by Oregon Senate, 2010.)
- Board of Directors and Executive Committee, Oregon Water Resources Congress (OWRC)
- Previous Vice Chair, Water Resources Committee, American Bar Association Section on Environment, Energy, and Resources
- Appointed by Sixteenth Hawaii Legislature to Review Commission on the State Water Code to recommend reforms to Hawaii’s water law; chaired Commission’s Legal Issues Subcommittee
- 2007 -2017 The Best Lawyers in America© listed
- 2014 - 2015 Portland, OR Water Law "Lawyer of the Year"
- Chambers USA, America’s Leading Lawyers for Business
- Northern California Super Lawyers
- Adjunct professor, Department of Physics, Portland State University, OR
- Author, Newton’s Gravity: An Introductory Guide to the Mechanics of the Universe (Springer, New York, 2012)
- Instructor, mathematics and astronomy, Saturday Academy, and Saturday Academy TAG Camp, Portland, OR
- Adjunct professor of law, William S. Richardson School of Law, University of Hawaii, Honolulu, HI (1990 – 1995)
Publications & Presentations
Select Presentations and Publications
Decisions of Note
- Chubb Custom Insurance Company v. Space Systems/Loral, Inc., et al., 710 F.3d 946 (9th Cir. 2013), cert. denied, 82 U.S.L.W. 3241 (U.S. Jan. 13, 2014) (No. 13-412) (CERCLA cost recovery and subrogation)
- California Air Resources Board, et al., v. Association of Irritated Residents, et al., No. A132165 (1st Dist. Ct. App. 2011) (climate change and cap and trade)
- Monsanto v. Geertson Seed Farms, 130 S. Ct. 2743, 561 U.S. __139, 177 L. Ed. 461 (2010), rev’g Geertson Seed Farms v. Johanns, 541 F.3d 938 (9th Cir. 2008) (NEPA)
- In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 43 Cal. 4th 1143; 184 P.3d 709 (Cal. 2008), (CEQA, water quality, and water rights)
- United States v. Alisal Water Corp., No. C 97-20099 JF (HRL), 2007 U.S. Dist. LEXIS 41677 (N.D.Cal. 2007) (federal SDWA enforcement)
- San Diego Unified Port District v. TDY Industries, Inc. et al., 2006 U.S. Dist. 54942 (S.D.Cal. 2006) (CERCLA cost recovery and contribution)
- State Water Resources Control Bd. Cases, No. C044714, 136 Cal. App. 4th 674; 39 Cal. Rptr. 3d 189;36 ELR 20038 (3d Dist. Ct. App. 2006) (land use and water rights)
- In re Vaccine Cases, No. B168163, 134 Cal. App. 4th 438; 36 Cal. Rptr. 3d 80 (2d Dist. Ct. App. 2005) (Proposition 65 and unfair business practice claims)
- Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America,129 Cal.App.4th 540; 28 Cal.Rptr.3d 775 (2d Dist.Ct.App. 2005) (Proposition 65)
- City of Barstow v. Mojave Water Agency, 23 Cal. 4th 1224; 5 P.3d 853; 99 Cal. Rptr. 2d 294; 31 ELR 20023 (Cal. 2000) (water rights)
- Collier v. Simpson Paper Co., No. 97-15101, 1997 U.S. App. LEXIS 36334 (9th Cir. 1997) (toxic tort and fear of cancer claims)
- County of San Joaquin v. State Water Res. Control Bd., No. C023548, 54 Cal. App. 4th 1144; 63 Cal. Rptr. 2d 277; 1997 Cal. App. LEXIS 356; (3d Dist. Ct. App. 1997) (water rights and civil procedure)
- California v. Summer del Caribe, 821 F. Supp. 574; 23 ELR 21261 (N.D. Cal. 1993) (CERCLA cost recovery and remediation)
- Ecodyne Corp. v. Shah, No. C-88-4813-JPV, 718 F. Supp. 1454; 20 ELR 20172 (N.D.Cal. 1989) (CERCLA cost recovery and remediation)
- Chevron U.S.A., Inc. v. Le Resche, Nos. 6396, 6648, 663 P.2d 923 (Alaska 1983) (administrative law and regulation)