We understand the complexities and challenges of Texas water law and have decades of experience helping clients successfully navigate the full range of legal and regulatory issues affecting water rights and utilities across the state.
As Texas faces rapid population growth, industrial expansion, and intensifying pressure on its natural resources, water law has become one of the state’s most complex and critical legal arenas. We offer comprehensive legal representation across all areas of Texas water law—including groundwater and surface water rights, permitting, regulatory compliance, utility governance, and water district matters.
With decades of hands-on experience navigating the evolving legal landscape, we guide clients through the full spectrum of local, state, and federal laws that govern water use, development, and infrastructure in Texas.
Our team has extensive experience handling all types of water matters, including the following areas:
Water Supply Strategy and Resource Planning
We counsel clients on the full spectrum of water supply and management challenges, helping them develop forward-looking plans to secure long-term water reliability. Our work includes advising on regulatory and operational water management strategies, crafting comprehensive water supply plans, and identifying new sources through groundwater development, desalination, aquifer storage and recovery, water reuse, new reservoir projects, and both interstate and intrastate water transfers. We also assist with innovative approaches such as conjunctive use and long-term supply acquisition to help clients meet current and future demands.
Wholesale & Retail Water and Wastewater Contracts
We represent clients in the negotiation, drafting, and enforcement of wholesale and retail water and wastewater service agreements. Our team handles disputes involving the provision of raw or treated water and wastewater services, and advises on complex contractual arrangements involving municipal utilities, regional water authorities, and private entities.
Surface Water Rights, Reuse Permitting & Interbasin Transfers
We guide clients through the regulatory processes for securing and managing surface water rights, including new permits, amendments, reuse authorizations, and interbasin transfers. Our attorneys regularly represent clients in contested cases before the Texas Commission on Environmental Quality (TCEQ) and the State Office of Administrative Hearings (SOAH), whether pursuing or challenging permit applications.
Groundwater Rights & Transactions
We assist clients with all aspects of groundwater development, from securing and amending permits to navigating local groundwater conservation district rules. Our team also negotiates and structures groundwater sales, leases, and acquisitions, offering strategic guidance on regulatory compliance and transactional risk.
Groundwater Conservation Districts
Our firm serves as general counsel to groundwater conservation districts across Texas. We assist with district formation, rulemaking, and enforcement, and represent districts in permitting matters, including contested cases involving new or existing wells. Our team ensures that districts remain compliant while fulfilling their mission of protecting and managing groundwater resources.
Water Supply Planning and Resource Strategy
We advise clients on complex water supply and management issues, helping them develop and implement long-term strategies to secure and optimize their water resources. Our work includes drafting water management plans and comprehensive supply strategies that incorporate diverse sources such as groundwater, desalination, aquifer storage and recovery, water reuse, new reservoirs, and both interbasin and intrabasin transfers. We also assist with innovative solutions such as conjunctive use and interstate water marketing.
Water Sales, Transfers, and Marketing
Our team represents clients in the sale, lease, and transfer of both surface water and groundwater rights. We provide strategic counsel to buyers, sellers, and lessors, draft and negotiate water lease agreements, and advise on related easement acquisition. We also guide clients through the legal frameworks governing water marketing transactions at both local and regional levels.
Water Facilities and Land Transactions
We counsel clients in the acquisition and sale of water infrastructure and related land assets, including reservoirs, dam sites, diversion facilities, groundwater wells, transmission pipelines, and utility easements. Our services include negotiating and preparing all transactional documents and aligning the acquisition with financing structures to ensure a smooth closing process.
Utility Regulation – Water and Wastewater
We assist clients in developing and implementing utility policies and regulations, including service extension requirements, infrastructure standards, and utility service contracts. Our team drafts rate ordinances, impact fee policies, and developer agreements, and provides strategic guidance on utility governance and compliance.
Certificates of Convenience and Necessity (CCNs)
We represent clients in all phases of water and wastewater CCN matters—from initial applications and notice requirements to contested case hearings. Our attorneys advocate before state regulatory agencies and SOAH in CCN disputes, including protests, amendments, decertifications, and cease-and-desist proceedings involving competing utilities.
Retail and Wholesale Ratemaking
We advise municipalities and utilities on rate-setting and regulatory compliance, including the preparation and defense of water and sewer rate ordinances and extension policies. Our team represents cities in appeals involving investor-owned utility rates and advises clients on wholesale rate negotiations, disputes, and enforcement matters between suppliers and purchasers.
Service Area Disputes
We represent municipal clients in complex water and wastewater service territory disputes, including litigation against water supply corporations (WSCs), territory transfers, and dual-certification matters. Our services also include negotiating and drafting territory exchange agreements, assisting with decertification, and advising on federal indebtedness issues under 7 U.S.C. § 1926(b).
Acquisition and Sale of Water Utilities and Assets
We represent public and private clients in the acquisition and sale of water and wastewater utility systems and associated real estate. Our services include preparing all necessary regulatory filings—such as sale-transfer-merger and CCN applications—and facilitating the transaction from due diligence through closing.
Water Project Financing
We help clients secure funding for major water infrastructure projects, including reservoirs, pipelines, treatment facilities, and water rights acquisitions. Our team navigates public and private financing sources, including the Texas Water Development Board, Texas Department of Agriculture, USDA, and other financial institutions, to identify and structure financing that supports long-term project goals.
