| Our experienced team of water lawyers assists municipal water providers, irrigation districts, private industry and agriculture in securing and defending water rights. We also represent clients in water quality regulatory, enforcement and litigation matters, administrative rulemakings, and before the legislature. We counsel clients toward cooperative and market-based solutions to water problems. When that’s not possible, we have the experience and depth to see matters through litigation.
Representative Experience
- Secured and defended new water rights in administrative contested case proceedings, both surface and ground water, for municipal utilities throughout Oregon
- Assisted municipal utilities in acquiring surplus domestic and agricultural water rights for municipal purposes
- Drafted legislation and assisted in rulemakings for time extensions to develop municipal water rights
- Represented municipal water providers in proceedings to extend time to complete undeveloped municipal water rights
- Formed intergovernmental organizations to develop and manage regional water supply projects
- Represented agricultural interests before the Oregon legislature to permit water withdrawals from the Columbia River and drafted the legislation for the planned Oasis Project
- Represented the largest city in Oregon’s fastest growing region in overcoming a legal challenge to developing an enhanced water supply system
- Directed national compliance audits involving EPCRA, the Clean Water Act, RCRA and related state laws to take advantage of the federal audit privilege and avoid millions of dollars in gravity-based penalties
- Represented an intervenor-defendant in a landmark case under Section 401 of the Clean Water Act that included an appeal to the 9th Circuit and successful defense against a Petition for Certiorari in the U.S. Supreme Court
- Represented utility clients in developing water quality trading opportunities for compliance with standards
- Represented owners of hydroelectric facilities in the licensing and relicensing processes at FERC and in related state water quality certification proceedings under Clean Water Act Section 401
- Assisted clients in transactions involving the purchase, sale, leasing and financing of appurtenant and severed water rights, and associated regulatory approvals
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Selected Experience Representation of power company in two-state water quality certification proceedings, under § 401 of the Clean Water Act, associated with relicensing of the 1,200 MW Hells Canyon Complex on the Snake River. (Ongoing) Represented water supply district in renegotiation of lease. (Ongoing) Representation before the Oregon Water Resources Department of cities and municipal utilities in fast-growing communities in Central Oregon, Southern Oregon, and the Portland metro area related to obtaining, extending and protecting municipal water rights. General Counsel to the Oregon Water Utilities Council and special water counsel to the League of Oregon Cities. (Ongoing) Counsel for hydroelectric licensee in appeal of Section 401 certification to the Washington Pollution Control Hearings Board. Comprehensive, five-party settlement agreement led to dismissal of appeal and issuance of favorable amended Section 401 certification. (2009) Represented the licensee in U.S. Court of Appeals for the 9th Circuit in successful defense against petitions challenging relicensing orders and settlement agreement for the Mid-Snake hydroelectric projects. Idaho Rivers United v. FERC, No. 05-72513 (2006) Counsel for hydroelectric licensee in Confederated Tribes of the Umatilla Indian Reservation v. Ecology (trial before the Washington State Pollution Control Hearings Board, holding that Section 401 of the Clean Water Act does not require strict adherence with numeric water quality criteria). (2004) Defended suits by five Native American tribes involving federal and state government pursuant to the Native American Graves Protection and Repatriation Act and the Clean Water Act. Settlement achieved resolving all issues. (D. Or. 2002) Represented intervenor-defendant in case of first impression under § 401 of Federal Clean Water Act. Represented client-intervenor on appeal to 9th Circuit Court of Appeals and successfully defended against Petition for Certiorari in U.S. Supreme Court. (U.S. 1999) | | Search Experience | | | |  |
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