Parsons has decades of experience in representing clients in both water rights and water quality issues

Overview

It is has been said that water is the lifeblood of the West. The Water practice team at Parsons Behle & Latimer is focused on protecting and facilitating use of this essential resource. Our attorneys include specialists in both water rights and water quality who are prepared to represent your interests before state agencies and before the courts.

Our Water practice team members have years of experience practicing before the Utah State Engineer, the Division of Drinking Water, the Division of Water Quality and the Public Service Commission. Our attorneys also have extensive experience representing water clients before the state and federal courts.

Team

Key Contacts

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Experience

Dwayne Johnson et al. v. Highlands Water Company (2021 Morgan County, Utah)

Water contract dispute successfully argued at the trial court and settled in mediation.

Water rights and availability due diligence on behalf of commercial agricultural interest in California’s Central Valley.

Federal District Court litigation involving petition to modify 1944 Orr Ditch Decree governing Truckee River water use.

Capabilities

Water Quality

Parsons Behle & Latimer's environmental practice team has extensive experience in water quality permitting, enforcement, and regulatory matters throughout the Intermountain West and other areas of the country, serving a diverse clientele that includes major mining and manufacturing companies; a variety of other industries; municipalities; commercial and residential developers; and state and national trade associations. 

We routinely assist clients in obtaining permits and developing solutions to issues arising under federal Clean Water Act (CWA) permitting programs administered by state agencies and/or the Environmental Protection Agency. We have extensive experience working with the U.S. Army Corps of Engineers on behalf of a variety of clients to obtain jurisdictional determinations and, as necessary, permits under the “dredge and fill” permit program for activities in wetlands and other waters. The environmental practice group also has experience with CWA pretreatment matters including those involving Publicly Owned Treatment Works (POTWs) and the compliance requirements for indirect dischargers.

We work with clients to evaluate and comply with their obligations under the other state-administered water quality regulatory programs, including ground water permitting, aquifer source protection, underground injection control and other Safe Drinking Water Act requirements. We represent clients and industry coalitions in agency rulemakings for the establishment of water quality standards, with a focus on achieving pragmatic resolutions to regulatory challenges. To that end, we have assisted clients in a variety of jurisdictions with issues such as the development of site-specific standards, assessing the implications of the listing of “impaired waters,” and evaluating the corresponding development of Total Maximum Daily Loads (TMDLs).

Water Rights

Parsons Behle & Latimer's practice team is focused on helping clients secure and maximize the beneficial use of their water rights. We assist clients with the planning of water projects from due diligence through construction and financing, including federal reclamation projects. Our attorneys have expertise in dealing with unique water right issues associated with municipalities, water companies, local districts and irrigation companies.

Water Resources

Parsons Behle & Latimer's team of attorneys can assist in the development of new water resource projects and also in the protection and enhancement of existing projects. Whether it is Bureau of Reclamation transferred works, water delivery infrastructure owned by individual water purveyors or hydroelectric projects, Parsons has attorneys ready to assist in virtually every facet of water project development, repair and rehabilitation.

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