Both public and private sector organizations that depend on a reliable supply of water strive for certainty in their supply planning. Yet water is a resource fraught with climactic and regulatory uncertainty. Trout Raley attorneys have substantial experience in Water Rights Adjudication and Permitting, Water Transactions and Litigation, Federal and Interstate Water Issues, the risks associated with Water Supply Facilities, and Project Permitting for new supply projects. This experience helps clients to maximize supply certainty in the development and execution of water supply plans.
Water Rights Adjudication and Permitting
Rights to use water typically are formally confirmed in legal proceedings—either in “water courts” or before administrative agencies. Trout Raley attorneys bring years of experience securing and protecting such rights.
Water Transactions and Litigation
In addition to securing and protecting rights to use water in Water Rights Adjudication and Permitting proceedings, Trout Raley attorneys have represented clients numerous times in negotiations and litigation over water rights and issues. Such negotiations and litigation have included Right of Way Acquisition and Protection, including easements, as well as the purchase, sale and lease of water supplies.
Federal/Interstate Water Issues
Frequently, water conflicts cross state or national boundaries. Trout Raley attorneys have experience representing states, and their water users, in negotiations and litigation to resolve such disputes. The role of the U.S. government in water development, and in regulation of water use [e.g., to protect Threatened and Endangered Species, for Wetlands Regulation or National Environmental Policy Act Compliance, or to regulate Water Quality], is also a frequent source of legal disputes. Trout Raley attorneys frequently represent clients in such disputes.
Water Supply Facilities
Closely tied to the development and protection of rights to use water are the development and protection of the physical facilities that deliver, store, and treat water. Trout Raley attorneys have substantial experience helping clients develop and protect water supply facilities, from Water Supply Planning, Right of Way Acquisition and Protection, to Project Permitting.
A critical component in the planning, construction and operation of Water Supply Facilities is securing the needed regulatory agency approvals and permits. Trout Raley attorneys have substantial experience in project permitting and compliance for water projects under a broad range of federal, state and local statutes and regulatory programs. These include the Endangered Species Act, Clean Water Act Section 404 wetlands program, Federal Land Policy and Management Act, National Forest Management Act, National Environmental Policy Act, National Historic Preservation Act, state historic properties laws, state 401 water quality certification program, and local 1041 permitting.