Members of Clark, Thomas & Winters' Environmental Law section routinely represent groundwater conservation districts, water districts and investor-owned water utilities. With the recent developments in groundwater regulation and tightening of water supplies throughout the state, this representation has expanded to include advice and negotiations in water transactions either representing a water purveyor or municipality seeking to purchase water supplies or landowners seeking to sell water.

Our representation of groundwater conservation districts includes the drafting and development of groundwater withdrawal regulations, ensuring compliance with the Open Meetings Act and Public Information Act, interpreting water legislation, representing districts in contested case proceedings on applications for groundwater withdrawal permits, and advising board members on ex parte communications.

Our representation of water districts and investor-owned water utilities includes the actions and proceedings on the adjustment of water rates, tariffs and impact fees, applications for certificates of convenience and necessity, applications for the sale, transfer, or merger of a water system, litigation involving a district’s boundaries, and other matters.

FOCUS AREAS

Regional Water Issues

Since 1991, our attorneys have been involved in matters concerning water supply and regulation in Texas. We had early involvement in the development and implementation of the Edwards Aquifer Act, and, recently, we represented the General Manager of the Edwards Aquifer Authority in over 30 contested case hearings on applications to obtain initial regular permits. We also represent two groundwater conservation districts and are familiar with the processes for developing regional and state water plans. We monitor proposed legislation and activities of interim legislative committees to stay aware of their potential impact on water entities.

Water Utility

Attorneys in our section represent water utilities and water districts across the state in various matters before the TCEQ. These matters include (1) the creation and reorganization of utilities; (2) the sale, transfer, or merger of water systems and water and sewer CCNs; (3) the issuance, amendment, withdrawal, and protest of CCNs; (4) the adjustments of water rates and tariffs; and (5) the defense of utilities in enforcement actions initiated by the TCEQ.

Legislative

Our attorneys have gained legislative experience through governmental service and private practice. This experience allows us to better understand our clients’ goals and to identify the best path to reach those goals. Our practice includes monitoring and reporting significant legislative developments that affect our client’s interests; providing regulatory analysis; drafting legislation and policies; testifying before legislative committees, communicating directly with elected officials; preparing clients for appearances before legislative and regulatory groups; cultivating bipartisan relationships with federal, state, and local officials; and identifying, screening, and coordinating lobbyists and their efforts on behalf of clients.

REPRESENTATIVE EXPERIENCES