Water and Wastewater Utilities Practice Group
At Counsel 365, we support water and wastewater utilities in delivering safe, reliable services while navigating complex legal and regulatory challenges. Our attorneys provide strategic, practical guidance to municipal utilities, regional authorities, special districts, investor-owned utilities, cooperatives, and private operators.
With deep industry knowledge and a multidisciplinary approach, we help clients manage day-to-day operations and long-term planning, ensuring compliance, sustainability, and community impact.
Areas of Focus:
Regulatory Compliance & Permitting
We help utilities stay compliant with evolving federal, state, and local laws:
- Safe Drinking Water Act (SDWA) & Clean Water Act (CWA) compliance
- NPDES permitting and enforcement defense
- Drinking water and wastewater system permitting
- PFAS, lead, copper, and other emerging contaminant regulations
- Sewer use ordinances & industrial pretreatment programs
- Wastewater discharge and reclaimed water regulations
- Administrative hearings and regulatory negotiations
Rate, Fee & Tariff Strategy
Our team advises utilities on creating fair and sustainable rate structures:
- Cost-of-service rates, impact fees, and system development charges
- Rate studies and defense against challenges
- Affordability and tiered rate design
- Representation in rate cases and hearings
- Franchise agreements and service area negotiations
Governance, Operations & Procurement
We provide day-to-day legal counsel for utility operations, including:
- Forming and operating special districts and authorities
- Drafting service, interlocal, and wholesale agreements
- Public procurement, bidding, and design-build/CMAR contracts
- Open meetings, ethics, and public records compliance
- Governance policies, employee handbooks, and customer service protocols
- Public-private partnerships (P3s) and contract operations
Infrastructure Development & Finance
We guide utilities through infrastructure projects and capital planning:
- Engineering, construction, and equipment contracts
- Land use, environmental, and zoning permitting
- Funding strategies, including SRF and WIFIA
- Bond counsel and capital improvement financing
- Easements, rights-of-way, and eminent domain
- Developer agreements and utility extension contracts
Water Rights & Resource Planning
Our attorneys help clients secure, protect, and manage critical water resources:
- Water rights permitting and acquisition
- Surface and groundwater management
- Regional supply agreements and interstate compacts
- Water reuse, drought response, and conservation planning
- Long-term climate resilience and resource strategies
Environmental Compliance & Risk Management
We support utilities facing environmental scrutiny and complex compliance demands:
- Wetlands, endangered species, and habitat protection
- Stormwater management and MS4 compliance
- Sewer overflow and consent decree compliance
- Brownfield redevelopment and contamination response
- Environmental enforcement actions and citizen suits
Disputes, Litigation & Appeals
We represent utilities in regulatory, contractual, and construction-related disputes:
- Regulatory appeals and enforcement defense
- Vendor, contractor, and partner contract disputes
- Service territory and boundary issues
- Eminent domain and inverse condemnation
- Construction claims: delays, defects, cost overruns
- Rate challenges and customer service disputes
Emergency Response & Crisis Legal Support
In urgent situations, we provide responsive legal counsel for:
- Emergency response planning and incident management
- Infrastructure failures and system outages
- Contamination and public health crises
- Public communications, regulatory coordination, and risk mitigation
Why Work with Counsel 365?
Counsel 365 delivers industry-specific legal solutions that help water and wastewater utilities remain compliant, fiscally sound, and mission-focused. We understand the pressures of aging infrastructure, stricter regulations, and increasing public expectations, and we bring practical legal strategies to meet them.
From governance and rate structures to capital projects and environmental compliance, we are trusted legal partners to utilities nationwide. Our attorneys speak regularly at national and state conferences, including NRWA, AWWA, WEF, and regional associations like FRWA, ARWA, GRWA, and ORWA.