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Practice Areas - Special Districts
Special districts and other local government entities have been formed to address the growing needs of the public. Bickerstaff Heath serves its clients in the creation and representation of those entities including special districts and authorities for utilities, economic development, transportation, health care, navigation, and rail service. These entities also are governed by a patchwork of special and general laws and codes that pose knotty legal issues for their operations and governance. Bickerstaff Heath provides both general counsel and special counsel services on all legal issues faced by special districts and other governmental entities across Texas.
Texas has hundreds of special governmental units, including regional mobility authorities, river authorities, groundwater districts, and the alphabet soup of MUD's, PUD's, PID's, and TIFZ's. Keeping track of the authority and responsibilities of these different types of entities is as challenging as remembering all the acronyms. Their creation and operation is complex and requires analyzing a variety of conflicting and special laws to prevent challenges to their operations and authority.
We represent entities before the TCEQ, and the Texas Legislature concerning the creation of various types of water districts, groundwater districts, and utility districts. We also represent the interests of river authorities, water districts, and groundwater districts before the Texas Legislature on matters relating to their enabling legislation and other matters. We also defend these entities in state court challenges to their enabling legislation and legislative authority. Examples of the type of representation provided include the following matters:
MATTER EXAMPLE:
Bruce Wasinger represented GBRA in its support of TCEQ's creation of a Priority Groundwater Management Areas in northern Bexar County.
MATTER EXAMPLE: We represented a coalition of South Texas counties in the legislative creation of the Rio Grande Authority, a river authority for the lower Rio Grande.
MATTER EXAMPLE:
Doug Caroom assisted Garza and Kent Counties create the Lake Allen Henry District.
MATTER EXAMPLE:
We represented the Barton Springs-Edwards Aquifer Conservation District in state court litigation challenging the validity of its authorizing legislation.
Bruce Wasinger represented GBRA in its support of TCEQ's creation of a Priority Groundwater Management Areas in northern Bexar County.
MATTER EXAMPLE: We represented a coalition of South Texas counties in the legislative creation of the Rio Grande Authority, a river authority for the lower Rio Grande.
MATTER EXAMPLE:
Doug Caroom assisted Garza and Kent Counties create the Lake Allen Henry District.
MATTER EXAMPLE:
We represented the Barton Springs-Edwards Aquifer Conservation District in state court litigation challenging the validity of its authorizing legislation.
We represent groundwater district clients in enforcing their rules and permitting requirements. We assist groundwater districts in drafting and adopting district rules, and represent the districts in the permitting of new and existing groundwater wells. We also advise clients on their fee structures.
MATTER EXAMPLE:
Doug Caroom assisted the Evergreen Groundwater Conservation District in drafting and adopting its rules and management plan. He also represented the District in a contested permitting proceeding before a State Office of Administrative Hearings judge.
MATTER EXAMPLE: Bill Dugat has represented the Barton Springs-Edwards Aquifer Conservation District in administrative and judicial enforcement actions against various permittees for failure to comply with district rules and permits.
Doug Caroom assisted the Evergreen Groundwater Conservation District in drafting and adopting its rules and management plan. He also represented the District in a contested permitting proceeding before a State Office of Administrative Hearings judge.
MATTER EXAMPLE: Bill Dugat has represented the Barton Springs-Edwards Aquifer Conservation District in administrative and judicial enforcement actions against various permittees for failure to comply with district rules and permits.
We represent water districts and groundwater districts in the capacity of general counsel providing legal assistance on various matters, including employment matters, ethics issues, open records and open meetings matters, general and water-related litigation, voting rights issues, elections, annexations, and redistricting, and contracts and leases. We assist our clients in drafting and adopting rules and policies, and in preparing takings impact assessments, if necessary. We also advise our clients on scope of authority issues.
MATTER EXAMPLE:
We act as general counsel to three groundwater districts and one river authority (LNRA). We are outside counsel for numerous others: CRMWA, BRA, LCRA, Reeves County WID#2, and DCPC MUD.
MATTER EXAMPLE: Emily Rogers prepared a Takings Impact Assessment for CRMWA for its conjunctive use project.
We act as general counsel to three groundwater districts and one river authority (LNRA). We are outside counsel for numerous others: CRMWA, BRA, LCRA, Reeves County WID#2, and DCPC MUD.
MATTER EXAMPLE: Emily Rogers prepared a Takings Impact Assessment for CRMWA for its conjunctive use project.
We assist clients in obtaining financing for reservoirs, water transmission, water distribution systems, water treatment systems and we act as bond counsel for these projects. We also assist clients in financing the acquisition of water rights and other water and wastewater-related projects. We represent river authorities, water districts, municipalities, utility districts, and water supply corporations in obtaining financing from a variety of sources including the Texas Water Development Board, the Texas Department of Agriculture, the United States Department of Agriculture - Rural Development and Rural Utilities, and the private sector with major bond firms. We also assist our clients in conducting bond elections and serve as issuer's counsel.
MATTER EXAMPLE:
Tom Pollan served as bond counsel for the Canadian River Municipal Water Authority for the issuance of bonds totaling $17,450,000 for the acquisition of the Canadian River Aqueduct from the United States Bureau of Reclamation. He also assisted in financing CRMWA salinity control project, and served as bond counsel for CRMWA's $52,825,000 bond issue for its groundwater conjunctive use project.
Tom Pollan served as bond counsel for the Canadian River Municipal Water Authority for the issuance of bonds totaling $17,450,000 for the acquisition of the Canadian River Aqueduct from the United States Bureau of Reclamation. He also assisted in financing CRMWA salinity control project, and served as bond counsel for CRMWA's $52,825,000 bond issue for its groundwater conjunctive use project.
Additional information on the experience of Bickerstaff Heath attorneys in representing special districts can be seen in the firm's representation of county governments.
Conflicts of Interest Affecting Groundwater District Officials
