Kelly J. Salt

Partner

Tel: (619) 525-1375

Location(s)

At a Glance

Kelly is a sought-after legal authority on compliance with propositions 218 and 26.

She helps clients with drought management and water conservation programs.

Prior to joining BB&K, Kelly worked for the San Diego City Attorney’s Office for more than 16 years.

Kelly Salt works with public agencies on bond and municipal finance matters, rate setting and compliance with propositions 218 and 26, and drought management and water conservation programs. She is a partner in Best Best & Krieger LLP’s Public Finance practice group and is based in the firm’s San Diego office.
 
Since joining BB&K, Kelly has worked as bond, disclosure and issuer’s counsel with numerous cities and public agencies on financing major public facilities through the issuance of certificates of participation, revenue, lease revenue, general obligation, assessment district and community facilities district bonds.
 
In addition, Kelly has assisted cities and special districts with: 

  • Review of utility rate and fee studies and assessment engineering reports
  • Preparation of notices of public hearings for the adoption of fees, charges and assessments
  • Formation of assessment districts
  • Establishment of new and increases to existing taxes, assessments, fees and charges
 

Her water conservation work includes preparing drought management and water conservation programs, preparing water-efficient landscape ordinances and developing water demand offset fees to mitigate the impacts of new development on water supplies.
 
Prior to joining BB&K, Kelly worked for the San Diego City Attorney’s Office for more than 16 years and served as the primary attorney on bond finance matters for the City’s public works projects. These projects are as varied as the $1 billion expansion and reconstruction of the City’s water and wastewater infrastructure programs and the $169.6 million lease revenue financing for the construction of Petco Park. She was also the chief deputy city attorney of the City Attorney Office’s Public Works Section and supervised other attorneys on, among other issues, public works contracting and water, wastewater, stormwater, and solid waste regulatory compliance matters.
 
Prior to joining the City Attorney’s Office, Kelly worked for the University of San Diego School of Law as an instructor and also served as the assistant dean for student affairs.
 
Kelly has been a featured speaker on public finance, propositions 218 and 26, and water conservation matters at conferences throughout California. San Diego Magazine has repeatedly named her a Top Lawyer for public finance. Kelly is admitted to practice law in the State of California.
 
Education

  • University of San Diego School of Law, J.D.
  • University of California at Santa Barbara, B.A., cum laude
  • National Association of Bond Lawyers
  • Association of California Water Agencies, Legal Affairs Committee, vice chair
  • Committee on Assessments, Special Taxes and Other Financing Facilities (an organization of private professionals whose focus is on issues related to land-secured financing matters in California)
  • League of California Cities, City Attorneys’ Department, Proposition 218 and Proposition 26 Committee
  • California Special Districts Association, Expert Feedback Team on Budget, Finance and Taxation
School Districts not Exempt from Paying Assessments to Fund Flood Control Services
Legal Alerts Apr 10, 2017

School Districts not Exempt from Paying Assessments to Fund Flood Control Services

California Appellate Court Finds Constitutional Mandate Supersedes Statutory Exemption

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”
Legal Alerts Oct 24, 2016

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982

New Legislation Impacts Special Parcel Taxes, Community Facilities Districts, and Notices for Property-Related Fees
Legal Alerts Sep 22, 2016

New Legislation Impacts Special Parcel Taxes, Community Facilities Districts, and Notices for Property-Related Fees

Public Agencies Must Comply Beginning Jan. 1

California Supreme Court Clarifies CEQA’s Subsequent Review Rules and Standard of Review
Legal Alerts Sep 20, 2016

California Supreme Court Clarifies CEQA’s Subsequent Review Rules and Standard of Review

Decision Issued After Years of Uncertainty

Legislation Establishes New Reporting Requirements for State and Local Debt Obligations
Legal Alerts Sep 14, 2016

Legislation Establishes New Reporting Requirements for State and Local Debt Obligations

Annual Reports Filed with the California Debt and Investment Advisory Commission Must Include Additional Information

Bill Addresses Excessive Water Use by Some California Urban Retail Water Purveyors
Legal Alerts Sep 12, 2016

Bill Addresses Excessive Water Use by Some California Urban Retail Water Purveyors

Tiered Water Rates and Surcharges Among Tools Agencies Can Use During Water Shortages

Structuring Tiered Water Rates Under Conflicting Court Decisions: Interpreting the California Constitution
Authored Articles & Publications Jan 7, 2016

Structuring Tiered Water Rates Under Conflicting Court Decisions: Interpreting the California Constitution

Partner Kelly Salt Writes About Tiered Rates in the January 2016 American Water Works Association Journal

California Appellate Court Holds Groundwater Pumping Fees are Property-Related Fees Subject to Prop. 218
Legal Alerts Dec 9, 2015

California Appellate Court Holds Groundwater Pumping Fees are Property-Related Fees Subject to Prop. 218

Decision Conflicts with a Separate Appellate Court Decision to be Considered by the California Supreme Court

California Supreme Court Denies Requests to Depublish San Juan Capistrano Case
Legal Alerts Jul 23, 2015

California Supreme Court Denies Requests to Depublish San Juan Capistrano Case

Action Means the Closely Watched Tiered Water Rate Case Is Final

California Department of Water Resources Adopts Update to the Model Water Efficient Landscape Ordinance
Legal Alerts Jul 22, 2015

California Department of Water Resources Adopts Update to the Model Water Efficient Landscape Ordinance

Cities and Counties Will be Required to Update their Existing Water Efficient Landscape Ordinances or Otherwise be Subject to the New Model Ordinance

California Supreme Court Grants Review in San Buenaventura Groundwater Pumping Fees Case
Legal Alerts Jun 25, 2015

California Supreme Court Grants Review in San Buenaventura Groundwater Pumping Fees Case

Appellate Court Decision Held that the Pumping Fee is Subject to Prop. 26 and is not a Property-Related Fee Subject to Prop. 218

Drought Bill To Combat Water Shortages Passes In California Legislature
Legal Alerts Jun 23, 2015

Drought Bill To Combat Water Shortages Passes In California Legislature

Measure Would Allow Forced Consolidation Of Water Suppliers, Large Civil Fines

City’s Revenue Transfer From its Wastewater Utility to its General Fund Is Justified
Legal Alerts Jun 4, 2015

City’s Revenue Transfer From its Wastewater Utility to its General Fund Is Justified

California Appellate Court Holds that Transfer Did Not Violate Proposition 218

State Water Resources Control Board Adopts Emergency Water Restrictions Throughout California
Legal Alerts May 7, 2015

State Water Resources Control Board Adopts Emergency Water Restrictions Throughout California

Sweeping Regulations Expected to Take Effect by May 15

Tough Mandatory Water Restrictions of up to 36 Percent Retained in Draft Emergency Drought Regulation for California
Legal Alerts Apr 29, 2015

Tough Mandatory Water Restrictions of up to 36 Percent Retained in Draft Emergency Drought Regulation for California

State Water Resources Control Board Cites Need to Avoid Potential “Catastrophic Impacts”

California Court of Appeal Holds City’s Tiered Water Rate Structure Violates Proposition 218
Legal Alerts Apr 21, 2015

California Court of Appeal Holds City’s Tiered Water Rate Structure Violates Proposition 218

But City May Charge Potable Customers for the Costs of Developing Alternative Supply Projects, Such as Recycled Water

Draft Mandatory Regulations Restricting Water Use in California Released by State Water Resources Control Board
Legal Alerts Apr 20, 2015

Draft Mandatory Regulations Restricting Water Use in California Released by State Water Resources Control Board

Expanded Tiering System; Next Round of Comments Due Wednesday

Proposed Framework for Mandatory Water Use Reductions in California Released
Legal Alerts Apr 8, 2015

Proposed Framework for Mandatory Water Use Reductions in California Released

Fast Track Ahead for Emergency Regulations

California Water Suppliers Facing Historic Mandatory Restrictions on Water Usage
Legal Alerts Apr 2, 2015

California Water Suppliers Facing Historic Mandatory Restrictions on Water Usage

Governor’s Goal: 25 Percent Statewide Water Savings

Two California Appellate Court Rulings Demonstrate that Groundwater Pumping Fees are in the Eye of the Beholder
Legal Alerts Mar 31, 2015

Two California Appellate Court Rulings Demonstrate that Groundwater Pumping Fees are in the Eye of the Beholder

One Holds that the Fee is Subject to Prop. 26 and Another that it is a Property-Related Fee Subject to Prop. 218

California’s State Water Resources Control Board Renews and Imposes Stricter Emergency Water Conservation Regulations
Legal Alerts Mar 17, 2015

California’s State Water Resources Control Board Renews and Imposes Stricter Emergency Water Conservation Regulations

Limits on Outdoor Irrigation and New Reporting Requirements Included to Address Ongoing Drought

Court Strikes Down Surcharge on Utility Users Imposed Under a Franchise Agreement
Legal Alerts Mar 3, 2015

Court Strikes Down Surcharge on Utility Users Imposed Under a Franchise Agreement

Surcharge Collected for General Revenue Purposes Under a Franchise Agreement must be Approved by Voters

Transfer of Electric Utility Revenues to City’s General Fund is a Tax under Prop. 26
Legal Alerts Jan 22, 2015

Transfer of Electric Utility Revenues to City’s General Fund is a Tax under Prop. 26

Payment in Lieu of Taxes Increased After the Adoption of Proposition 26 is not Grandfathered-In

Stormwater Management Services That Provide a Water Supply Source May Be Funded With Water Service
Legal Alerts Sep 10, 2014

Stormwater Management Services That Provide a Water Supply Source May Be Funded With Water Service

New Legislation Defines Water for Purposes of Proposition 218 to Include Water from Any Source

Proposition 218 Guide for Special Districts
Authored Articles & Publications Feb 13, 2014

Proposition 218 Guide for Special Districts

By Kelly J. Salt

Proposition 26 Guide for Special Districts
Authored Articles & Publications Jun 26, 2013

Proposition 26 Guide for Special Districts

By Kelly J. Salt

Event May 9-12, 2017

One Water, One Future

ACWA's 2017 Spring Conference & Exhibition

Event Apr 12, 2017

Structuring Conservation-Based Rates Under Current California Law

CA-NV AWWA's 2017 Spring Conference

Event Mar 15, 2017

Proposition 26, Proposition 218 and Rate Setting (Oakland)

California Special Districts Association

Event Feb 23, 2017

Proposition 26, Proposition 218 and Rate Setting (Vista)

California Special Districts Association

Event Jan 12, 2017

Ensuring the Financial Health of Your Utility After California's Historic Drought

Rate Workshop Hosted by Raftelis Financial Consultants, Inc. (Oakland)

Event Jan 11, 2017

Ensuring the Financial Health of Your Utility After California's Historic Drought

Rate Workshop Hosted by Raftelis Financial Consultants, Inc. (Sacramento)

Hillsborough Residents File Suit Over Water Rates
BB&K In the News Dec 2, 2016

Hillsborough Residents File Suit Over Water Rates

Rates Comply with Law, BB&K Partner Kelly Salt Tells East Bay Times

Event Nov 29 - Dec 2, 2016

Bringing Water Together

ACWA's 2016 Fall Conference & Exhibition

In Yorba Linda, the Race for Water District Board is Getting Ugly
BB&K In the News Oct 26, 2016

In Yorba Linda, the Race for Water District Board is Getting Ugly

KPCC Interviews BB&K Partner Kelly Salt on Water Agency Issues

Event Oct 23, 2016

Water Rights Reforms - Are Changes Needed to Our Water Rights and Pricing Systems?

State Bar of California 2016 Environmental Law Conference

Event Oct 20-23, 2016

25th Annual Environmental Law Conference at Yosemite

State Bar of California Environmental Law

Event Oct 10-13, 2016

California Special Districts Association

Annual Conference

Event Oct 6, 2016

Ensuring the Financial Health of Your Utility After California's Historic Drought

Rate Workshop Hosted by Raftelis Financial Consultants, Inc.

Event May 20, 2016

Rate Setting & District Finances

Ninth Annual OC Water Summit

Event May 18, 2016

Proposition 218 Roundtable

University of California, Irvine School of Law

Event May 4, 2016

Adopting Conservation-Based Water Rates That Meet Proposition 218 Requirements

League of California Cities' City Attorney Spring Conference

Event Apr 26, 2016

Funding Stormwater Services Under Proposition 218

California Water Environment Association Conference

Event Feb 9, 2016

Proposition 26, Proposition 218 & Rate Setting

California Special Districts Association

A Tax Ruling Could Complicate California’s Effort to Battle the Drought
BB&K In the News Sep 29, 2015

A Tax Ruling Could Complicate California’s Effort to Battle the Drought

BB&K Partner Kelly Salt Discusses Capistrano Case With the American Bar Association Journal

Event Jul 20, 2015

Dealing With the Drought: State Water Resources Control Board (WRCB) Mandatory Water Consumption Reduction Measures

Law Seminars International

Event Jun 15-16, 2015

California Water Law & Policy Conference

Argent Communications Group

Event May 26, 2015

Webinar: Regulations for Small Systems

Association of California Water Agencies

Event May 15, 2015

California’s Water: Drought, Finding Water, The Water Bond and Interpreting New Groundwater Regulation

The Seminar Group

Event Apr 22, 2015

Proposition 26, Proposition 218 and Rate Setting

California Special Districts Association

San Juan Capistrano Tiered Water-Use Rates Decision
BB&K In the News Apr 21, 2015

San Juan Capistrano Tiered Water-Use Rates Decision

BB&K Partner Kelly Salt Interviewed on Capistrano Taxpayers Association v. City of San Juan Capistrano

One Way to Ration Water: Raise the Price
BB&K In the News Apr 8, 2015

One Way to Ration Water: Raise the Price

BB&K Partner Kelly Salt Discusses the Economics of Water Use With National Public Radio's Marketplace

Legal Options for Water Providers in Times of Drought
BB&K In the News Mar 17, 2015

Legal Options for Water Providers in Times of Drought

BB&K Partner Kelly Salt Discusses at a Workshop, as Reported by Maven's Notebook, the Laws That Are of Concern to Water Agencies and Localities as They Consider Financial Impacts During the Drought

Press Releases Mar 4, 2015

Six BB&K Attorneys Named Top Lawyers in San Diego

San Diego Magazine Picks Attorneys from a Variety of Practices for its List

San Juan Capistrano Case Challenges Legality of Tiered Water Rates
BB&K In the News Feb 27, 2015

San Juan Capistrano Case Challenges Legality of Tiered Water Rates

Partner Kelly Salt Quoted by the L.A. Times on Proposition 218's Role in Water Rate Setting

Event Dec 2, 2014

Moment of Truth: One State, One Water Future

Moment of Truth: One State, One Water Future

Event Dec 2, 2014

ACWA 2014 Fall Conference & Exhibition

Association of California of Water Agencies

Event Oct 30, 2014

Dealing in Drought: Development, Legislation and Litigation

The Seminar Group

Event Oct 22, 2014

Propositions 218 and 26 Keeping You Awake at Night? Setting Utility Rates Without Counting Sheep

American Water Works Association California-Nevada

Event Oct 1, 2014

Rate Setting Compliance, Social Media in Politics and CEQA

California Special Districts Association