Maria O'Brien

Maria O’Brien: Leading Water Law Attorney in Albuquerque

Maria O’Brien is a renowned legal expert specializing in natural resources, environmental, and utility law, with over twenty years of dedicated experience. She is consistently recognized as a top choice for complex water rights disputes and regulatory matters, offering unparalleled legal counsel to both public and private sector clients.

With a deep understanding of intricate legal landscapes, Ms. O’Brien focuses primarily on water resources – water quality, water use, and associated regulatory compliance. This includes navigating the complexities of the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA) to ensure responsible stewardship and sustainable solutions.

Her expertise extends across a wide range of critical areas, including litigation, negotiation, and strategic planning. She skillfully represents clients before the Office of the New Mexico State Engineer, the New Mexico Public Regulation Commission, and federal agencies, consistently achieving favorable outcomes in state and federal court. Ms. O’Brien’s unique ability to resolve complex disputes regarding water allocation has established her as a leader in the field.

Key achievements include: successful negotiation of multi-party water agreements, permitting of significant water and energy projects, strategic acquisition and lease of valuable water rights, and comprehensive water utility matters. She has a proven track record of protecting and acquiring vital water resources through targeted litigation, thoughtful water planning, and proactive engagement with regulatory bodies.

Recognition and Awards:

• Lawyer of the Year: Water Law – Albuquerque (2023, 2021, 2019, 2016, 2013) – Albuquerque Best Lawyers
• Recognized as a Water Law Practice Area in Best Attorney USA since 2007
• Featured in Chambers USA Directories of America’s Leading Lawyers for Business and Environment in Natural Resources & Regulated Industries: Water Law (2006-present)
• Selected by Southwest Super Lawyers® (derived from a lawyer survey) – 2014
• Lawyer of the Year: Water Law – Albuquerque (2013) - Best Lawyers
• Recognized in Best Attorney USA

Notable Cases & Projects:

• Currently represents the State of Oklahoma with regard to critical water resource conflicts involving Oklahoma Indian Tribes.
• Previously represented the City of Albuquerque (now the Albuquerque Bernalillo County Water Utility (“ABCWUA”)) in defending its municipal water supply against ESA claims related to the endangered Rio Grande Silvery Minnow. She continues to represent the ABCWUA on ongoing ESA and water quality matters.
• Represents the Pueblo de Pojoaque in the context of the Aamodt general stream adjudication – a landmark case involving four Pueblos, governmental entities, and numerous non-Indian defendants.
• Played a pivotal role in the decade-long effort to draft and secure congressional approval and funding for the Claims Resolution Act, signed into law by President Obama in 2010, providing critical resources for the Pueblo. She continues to work with the Pueblo on implementation, including approval of the Partial Final Decree.

Prior to joining her current firm, Ms. O’Brien served as a law clerk to the Honorable James A. Parker of the United States District Court for the District of New Mexico, gaining invaluable experience in federal litigation. She previously served as Head of the firm’s Natural Resources and Environment Department and has long served as Chair of the Water Resources Group and former Chair of the Energy & Utilities Group, demonstrating her leadership and strategic vision.

Beyond her professional accomplishments, Ms. O’Brien is a dedicated mother and an avid runner and hiker. When not immersed in legal matters or pursuing her passion for outdoor activities, she enjoys spending time with her children, husband, and three Rhodesian Ridgebacks.

Practice Areas:
Water Law
Utilities Law

Bar Admissions:
New Mexico
United States District Court for the District of New Mexico

Education:
Law Clerk, United States District Court for the District of New Mexico