Wetlands and Water Law

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Public and private water companies face a number of unique issues, risks, and regulations, necessitating a knowledgeable legal partner. As a full-service law firm with offices located strategically across the country, our water rights team offers clients comprehensive coverage for all their water needs. With a sensitivity to both public and government relations, our lawyers regularly assist clients with transactional, development, compliance, due diligence investigations, crisis response, litigation, and other legal support related to wetlands, water utilities, and water law issues.

 

We have represented utilities, municipalities, water districts, and water providers of all types and sizes in acquiring and managing water resources, as well as overcoming administrative and judicial challenges.

 

We have likewise represented commercial developers and energy developers in connection with due diligence investigations, water supply acquisition, and general regulatory compliance from the local to the federal level associated with water use. We have the experience necessary to advise you on the complex regulation of wetlands and floodplains, particularly in real estate development and subsequent administrative or legal enforcement. We help private entities work with governmental agencies to address the state, local, and federal regulations covering development near jurisdictional waters, wetlands, and floodplains.

 

Our core services include providing legal support with respect to the following:

 

  • Federal Clean Water Act
  • State, federal and municipal/local permitting and compliance advice
  • Water Rights, including Indian Water Rights, Western Water Rights, and the Colorado River
  • Water supply and acquisition
  • Water quality
  • Wetlands, floodplains, river and lake bottom land
  • Stormwater, soil erosion, and sedimentation
  • Well drilling/permitting, and well-sharing agreements
  • Sewer systems
  • Litigation in connection with all the foregoing in front of administrative, state, and federal tribunals.

 Representative Case Matters

 

Represented special taxation districts (irrigation and electrical districts) in all legal facets related to their acquisition, management, and use of their water resources for agricultural, domestic, and industrial uses.

 

Represented municipal water utility in acquisition of new water supplies to balance their portfolio and meet demands associated with development inside their services areas.

 

Represented parties involved in transfers of surface water from the Colorado River.

 

Represented mining trade associate in state and local regulatory rulemakings regarding water quality.

 

Represented water and wastewater utilities in administrative and judicial challenges against another water and wastewater provider providing inadequate and unsafe services.

 

Represented numerous developers and municipalities in successful applications for wetlands and water interface permits and in successful appeals of wetlands and water interface permit conditions and denials.

 

Assisted clients in securing permits from state agencies for the construction and operation of water related infrastructure, including wells, pipelines, groundwater savings facilities, and groundwater recharge facilities.

 

Provided legal support in connection with securing water supplies for multiple utility scale solar projects in the southwest.

 

Represented a commercial developer against claims that their construction activities interfered with adjacent landowner’s access to irrigation water and their underlying water rights.

 

Represented mining company in administrative and judicial challenges to CWA Section 402 pollutant discharge elimination system permit.

 

Successfully defended challenge to Clean Water Act wastewater treatment plant permit provisions regarding phosphorus and nitrogen discharges.

 

Served as member of federal litigation team handling civil enforcement of Clean Water Act section 404 wetlands protections.

 

Successfully negotiated with state and local agencies in Michigan and California regarding the need for and scope of PFAS/PFOS testing associated with former industrial and landfill operations, as well as upstream analysis to respond to PFAS/PFOS detections in local governmental water and sewerage systems. 

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