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Water Law
Mark Twain is credited with saying "Whiskey is for drinking and water is for fightin". These words are as true in South Central Texas as anywhere.
Water is our most valuable resource, and has become increasingly scarce with the Texas population explosion. Naturally, ownership, control and use of this resource carry tremendous legal and financial implications. Meanwhile, multiple layers of governmental regulation have made acquisition, development, marketing, use and transmission of water increasingly complex. Navigation of this web of regulation requires experienced and knowledgeable legal counsel.
R L Wilson, P.C. has substantial experience in developing and implementing legal strategies for all "players" in the water arena, and we provide legal counsel to public and private interests engaged in all phases and facets of the industry. We have represented landowners, water marketers, municipalities, water districts, water supply corporations, wholesale providers, engineering firms, and concerned citizen groups/ratepayers.
We regularly represent a broad array of clients before the Texas Commission on Environmental Quality, Texas Water Development Board, State Office of Administrative Hearings, groundwater conservation districts, and state and federal Courts.
Our solid experience in representing the various water interests is illustrated below:
Landowners
Our firm values private property rights guaranteed to landowners under the laws our forefathers fought and died to secure. We fervently believe in and advocate a landowner's right to capture the water underlying the surface of his property. Multiple layers of government have been established to limit that right -- and the "Rule of Capture" is under fire from all quarters. We maintain that the Rule it is not dead, and that government deprivations of private property require just compensation.
We have fought for and secured landowners' groundwater withdrawal permits from conservation districts throughout Texas. On more than one occasion, securing these rights has required Court intervention.
In the same vein, we have answered the call when groundwater regulatory agencies pursued enforcement penalties against our clients, and we have secured responsible mitigation caused by competing water uses.
No matter the aquifer, no matter the venue, R L Wilson, P.C. is dedicated to protecting a landowner's right to develop, produce and market groundwater from his property. We also maintain a broad range of experience in developing and implementing groundwater leases, and representing landowners in efforts to lease and sell water rights.
If you are a landowner presented with the opportunity to participate in the water market, our assistance can be crucial to protecting your interests.
Water Districts and Water Supply Corporations
R L Wilson, P.C. routinely assists and counsels water utilities in all aspects of their operations. We maintain substantial experience in obtaining and amending Certificates of Convenience and Necessity (CCN), meeting regulatory reporting and filing requirements, drafting and amending Utility Service Regulations, drafting and negotiating Utility Service Agreements with developers, negotiating and drafting Water Supply Agreements and Interlocal Cooperation Agreements, drafting and negotiating Groundwater Leases, negotiating and drafting Wholesale Water Purchase Agreements, defending enforcement actions, assisting in the sale and acquisition of facilities, lands and easements, and providing counsel on water resource development issues.
We also advise our water utility clients regarding public governance issues such as open government, professional services procurement, competitive bidding requirements, facilities construction, inter-governmental relations, and contract implementation.
In addition, we are experienced in drafting and modifying proposed and existing legislation affecting our water utility clients.
Mr. Wilson has represented public and privately-owned water utilities in state, federal and bankruptcy court litigation relating to service area/boundary disputes (including 7 U.S.C. § 1926(b) litigation), service rates, real estate transactions, contract disputes, professional negligence claims (relating to defective design of facilities), collections/service interruption, and permitting disputes.
Discounted rates are available to public utilities.
Water Marketing
R L Wilson, P.C. has represented organizations engaged in the acquisition of rights to develop, produce and sell water associated with property owned by another. This form of development maximizes land use, and benefits the landowner, marketer, and ultimate purchaser of the commodity.
Buying and leasing water rights is an infinitely complex industry involving sophisticated, multi-party deals which are often subject to governmental regulation and public/ media scrutiny. Typically, the water marketer is charged with significant aspects of developing the property, including obtaining regulatory approval of wells, securing production permits, acquiring property rights/easements, ensuring adequate water quality, and negotiating beneficial royalty shares. Accordingly, competent and experienced legal counsel is imperative.
R L Wilson, P.C. can assist the water marketer in all aspects of the transaction, from structuring the Lease and Access Agreement with the landowner, to securing regulatory approvals, to negotiating royalty arrangements with the ultimate purchaser.