Brown McCarroll Attorneys at Law

In a state that is all too familiar with seasonal droughts, water availability and quality is a key issue. Our attorneys have strengths across the spectrum of needs that you may have related to water.

Whether you are facing surface water, groundwater, wastewater or water reclamation issues, we can help. From water rights to permitting to enforcement actions or contested proceedings, our attorneys have helped clients move forward with their projects, and we have represented clients before various agencies, such as the EPA, TCEQ, and the Texas Water Development Board. 

Discharge Permits & Quality Issues

Our attorneys counsel clients on the federal Clean Water Act (CWA), the Texas Water Quality Act, and other federal and state statutes and regulations.  We counsel clients on the intricacies of applicable laws and assist them on compliance, enforcement, and permitting issues.

Rights & Appropriation

Obtaining a reliable source of water can be a key consideration in any project or for any business.  Our attorneys assist clients on such issues as:

• Where will you get the necessary water?
• What should you consider when negotiating a supply contract?
• What regulations are relevant to your project?

Local laws and politics are typically at play when you are seeking water rights for a new project. Our environmental attorneys are familiar with the local Texas politics, laws, and water sources and can help streamline your efforts to secure water rights for your project or your business.

Utilities / Districts

Certificates of Convenience and Necessity (CCNs) are available to retail water and sewer utilities and municipalities to protect their service areas. You may also find yourself up against a CCN if you are looking to expand your service area. Our attorneys counsel utilities and municipalities on acquiring, expanding, and transferring CCNs and have experience representing clients in hearings before the TCEQ. 

The Texas Water Code allows landowners to opt out of the service area covered by a Certificate of Convenience and Necessity (CCN) under certain circumstances, but such opt-outs are rarely granted.  On behalf of one of our clients, we prepared a written petition that demonstrated to state regulators that our landowner client met all statutory conditions for an opt-out, which would enable our client to obtain water service under much more reasonable rates and conditions.  While many of these petitions have been filed, we drafted and prosecuted the only contested petition the state has actually granted. As a result, the landowner, whose plans included a large, mixed-use development, was released from a burdensome CCN.