Water Law

Sustainable water supply is critical for every new development and industrial project. Our water law attorneys provide assistance in obtaining new water supplies and in protecting existing water rights before state water resource agencies, federal agencies and other adjudicatory bodies nationwide. We understand that establishing a water supply is critical to minimize delays and cost overruns on real estate, commercial and industrial projects. We work diligently with our development and industrial clients to permit the water supply in advance of construction, whenever possible, to ensure that investments are safeguarded.

We provide innovative, solution-oriented approaches regarding water supply, water storage and water use issues. Many of our water lawyers have regulatory and technical backgrounds as well as extensive experience with problem solving, counseling, state administrative proceedings, federal and state permitting, legislative matters and civil actions involving:

• Water rights and water resource allocations
• Surface water and ground water appropriations
• Water storage and aquifer recharge
• Water reuse and water reclamation
• Wetlands regulations and development
• Infrastructure planning and development
• Storm water management and permitting
• Waste water discharge permitting

Our attorneys regularly assist governmental, industrial and commercial clients with a wide range of water use, water supply and environmental issues. We understand the complex interaction between surface water and ground water supplies and state water laws. We have utilized this knowledge to develop strategies for our clients to maximize their water supply and minimize water development costs.

By navigating both state and federal governmental regulations, our attorneys have helped to defend, enforce and administer interstate water use compacts, litigated changes to existing water rights or permits, and developed augmentation and replacement plans to develop water in areas where water is over appropriated. We provide representation in basin adjudications and in Endangered Species Act and Clean Water Act compliance. We have expertise in the administration and use of the prior appropriation system, the riparian system and the regulated riparian system. More importantly, we know how these various water doctrines can be used to complement one another to maintain economic growth with a limited resource anywhere in the country.

We understand the need to properly handle waste water and storm water discharges from project sites. We regularly work with our clients to obtain regulatory permits for storm water and waste water, negotiate municipal sewer connections and evaluate waste water discharges to ensure that their waste water and storm water is handled properly, cost effectively and efficiently. As part of the Environmental & Natural Resource practice we also provide clients with advice on contaminated ground water treatment, brownfield redevelopment, wetlands protection and environmental insurance. We are experienced with waste water treatment plant design, operation and permitting issues and have managed and successfully negotiated complex NPDES permits for storm water and for MS4 discharges.

Clients include those seeking surface and ground water supplies to serve power plants, industrial facilities, planned communities/small cities, oil refineries, wineries, resorts and golf courses; to protect stream flows for fish and wildlife use; to develop geothermal aquifer rights; to supply large and small agricultural, commercial and domestic projects; and to prosecute aquifer recharge.