Maria O'Brien

Direct: 505.848.1803
Main: 505.848.1800
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Fax: 505.848.9710
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Email: maria.obrien@modrall.com

Overview

Maria has practiced in the areas of Natural Resources, Environmental and Utility law for over twenty years. Her primary focus is on water resources, water quality, and related regulatory matters including National Environmental Policy Act ("NEPA") and Endangered Species Act ("ESA") compliance.  She represents clients from both the public and private sectors before the Office of the New Mexico State Engineer, the New Mexico Public Regulation Commission federal agencies, and in state and federal court.  Maria's experience has been centered on resolution of complex disputes regarding water use and allocation.  Her experience includes negotiation of multi-party water agreements, permitting of water and energy projects, the purchase and lease of water rights, water utility matters, litigation involving protection and acquisition of water resources, water planning and water quality issues.

Chambers USA has stated, "O'Brien is a gifted attorney in the water law sphere, with prowess in both regulatory and litigious matters. Clients hail her asvery personable, very professional, and very good in terms of both writing and oral advocacy. She is outstanding and a delightful person' and is considered ‘the go to' lawyer for water supply litigation." Maria was selected as 2016 "Lawyer of the Year in Water Law – Albuquerque" by Best Lawyers of America® and has been recognized by Benchmark Litigation and Southwest Super Lawyers®.

Maria regularly addresses a complexity of issues relating to water supply and related regulatory matters regarding the permitting and siting of energy and water projects.  Maria currently represents the State of Oklahoma with regard to conflicts over water resources as between the State and several Oklahoma Indian Tribes.  She represented the City of Albuquerque (now the Albuquerque Bernalillo County Water Utility ("ABCWUA") ) in protection of its municipal water supply with regard to ESA claims involving the endangered Rio Grande Silvery Minnow.  She continues to represent the ABCWUA on ESA and water quality matters.  She represents the Pueblo de Pojoaque in the context of the Aamodt general stream adjudication, which involves the water rights claims of four Pueblos, various governmental entities and thousands of non-Indian defendants.  She participated in the decade-long effort to draft a settlement agreement which received congressional approval and funding and was signed into law by President Obama as the Claims Resolution Act in December 2010.  She continues to work with the Pueblo on implementation of the settlement including approval of the Partial Final Decree for the Pueblo rights.   

Prior to joining the firm, Maria served as law clerk to the Honorable James A. Parker of the United States District Court for the District of New Mexico.  

Maria serves as Head of the firm's Natural Resources and Environment Department and was long time Chair of the Water Resources Group and former Chair of the Energy & Utilities Group.

Maria is an avid runner and hiker.  When not lawyering or running, she spends time with her 2 children, husband of 27 years and three Rhodesian Ridgebacks.

Education

  • University of New Mexico School of Law, J.D., 1991, magna cum laude
  • University of Rhode Island, M.S. Thesis in Botany, 1988, magna cum laude
  • Connecticut College, B.A. in Human Ecology, 1984, cum laude

Bar Admissions

  • New Mexico
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the District of New Mexico
  • United States Supreme Court

Practice Areas

Recognition

Experience

Representative Matters

  • Representation of the State of Oklahoma with regard to litigation and negotiations relating to the water claims of the Choctaw Nation of Oklahoma and the Chickasaw Nation to water in twenty-two counties in Oklahoma.
  • Representation of El Paso County Water Improvement District No. 1, the Texas and downstream irrigation district in the Rio Grande Project, including in the context of ongoing interstate litigation Texas vs. New Mexico, No. 141, Orig.
  • Representation of the Pueblo of Pojoaque in the settlement of Indian claims in the longest running federal court case in the country.  A settlement agreement was enacted into law when it was signed by President Obama on December 8, 2010 as the Claims Resolution Act of 2010.  Continued representation of the Pueblo on implementation of the settlement related to water and environmental matters.
  • Ongoing and long-term representation of several municipalities and regulated water suppliers including the City of Carlsbad, City of Rio Rancho, and New Mexico Water Service Company with regard to water planning, acquisition and negotiated and litigated water supply matters.
  • Assisted numerous energy projects with water and siting related matters as well as continuing to advise BHP New Mexico Coal Company on all of its water matters related to its coal mining operations in the San Juan River Basin.

Representative Clients

  • State of Oklahoma
  • BHP New Mexico Coal Company
  • City of Carlsbad
  • City of Rio Rancho
  • New Mexico Water Service Company

    Activities

    Discourse

    Articles

    News

    Selected Publications/Presentations

    • "Water and Renewable Energy Generation in the Western United States: An Overview of Current Challenges and Opportunities," Rocky Mountain Mineral Law Foundation Special Institute on the Water-Energy Nexus, Denver, Colorado, September 14, 2012 (with Christina C. Sheehan)
    • "The Rio Grande Project: Federal & Interstate Obligations", CLE Law of The Rio Grande, Santa Fe, NM, March 30, 2012
    • "Hydrologic First Principles:  The Interface Between the Technical and Legal in Water Resource Regulation," 57th Annual Rocky Mountain Mineral Law Institute, Santa Fe, NM, July 23, 2011 (with Cynthia Ardito)
    • "Endangered Species Act and its Application to Energy Project Development," Law Seminars International, Eighth Annual Conference on Energy in the Southwest, July 11-12, 2011, Santa Fe, NM (with Deana M. Bennett)
    • "Overview of New Mexico Indian Water Rights Settlements," CLE International, Santa Fe, NM, June 17, 2011

    Other

    Testimony before Senate Indian Affairs Committee on behalf of Western States Water Council, March 15, 2012, oversight hearing on Indian Water Rights; promoting the negotiation and implementation of water settlements in Indian Country.

    Honors

    • Benchmark Litigation, The Definitive Guide to America's Leading Litigation Firms and Attorneys, Future Litigation Star in New Mexico, 2013-present
    • Best Lawyers Lawyer of the Year in Water Law - Albuquerque, 2013
    • Best Lawyers Lawyer of the Year in Water Law- Albuquerque, 2016
    • Best Lawyers in America® in Water Law, 2007-present
    • Chambers USA Directories of America's Leading Lawyers for Business and Environment in Natural Resources & Regulated Industries: Water Law, 2006-present
    • Martindale-Hubbell BV® Distinguished Peer Review Rated
    • Southwest Super Lawyers® (derived from a lawyer survey)

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