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Water and Natural Resources
Water and Natural Resources
At Taft, we champion smart, sustainable infrastructure and provide robust legal services in water law, wetland, and stormwater permitting, natural resources, infrastructure development, and environmental protection. Led by James Eklund, a nationally recognized authority on water management in the American West, our team combines deep industry expertise with an in-depth understanding of the complex regulatory frameworks governing natural resources.
A key differentiator of our practice is James’s experience helping manage his family’s 137-year-old Centennial Ranch and its water rights. This unique perspective allows us to offer clients practical, hands-on insight into the challenges and opportunities of water management, blending real-world knowledge with legal expertise.
We offer clients tailored solutions across a broad range of issues, including:
- Wetlands and Navigation: Our attorneys provide strategic guidance and leadership on projects that impact federally regulated wetlands and navigable waters under the Clean Water Act. We assist clients in permitting, obtaining mitigation credits, and creating mitigation credits and mitigation banks. We find creative solutions to minimize regulatory burdens and costs while achieving project goals.
- Water Rights and Allocation: We secure and defend clients’ water rights, whether under the Prior Appropriation Doctrine in arid regions of the American West where “first in time, first in right” governs usage, or in the Eastern U.S. under the Riparian Rights Doctrine. Our practice encompasses adjudicating rights, managing transfers, and resolving disputes related to seniority and competing riparian use. Our attorneys have particular expertise in the Colorado River Basin’s pressing scarcity and conservation challenges, as well as experience with interstate water disputes in the Southeastern U.S.
- Groundwater Management: Our attorneys provide strategic guidance on sustainable groundwater use, protection, remediation, and handling during construction. We assist clients with navigating state-specific regulations, securing permits, addressing issues such as groundwater depletion and contamination, and proper management of impacted groundwater.
- Water Quality and Environmental Compliance: Ensuring compliance with the Clean Water Act and other environmental regulations is crucial for protecting water quality. We support clients in permitting, enforcement actions, and developing strategies to mitigate environmental impact while meeting legal requirements.
- Interstate and International Water Issues: Managing shared water resources requires skilled negotiation and strategic implementation. We are adept at handling interstate compacts and international treaties, ensuring equitable and sustainable water allocation across boundaries.
- Climate Resilience and Drought Management: As droughts and climate change reshape water management, we assist clients in crafting adaptive strategies, including drought contingency planning, water conservation measures, and innovative sustainability practices.
- Public-Private Partnerships: We facilitate collaborative solutions between public entities and private interests to finance and manage essential water infrastructure projects. Our relationships with governmental agencies and key stakeholders help secure favorable outcomes for clients.
- Dispute Resolution and Litigation: From negotiation and mediation to administrative hearings and court proceedings, our team is skilled in resolving water-related disputes. We vigorously represent clients before regulatory bodies, state and federal courts, and other forums to safeguard their rights and interests.
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