Understanding the Legal Landscape Around Utilities
Navigating the complexities of water and sewer utility regulations can be daunting for developers and property owners alike. At McPherson Law Firm PLLC, we believe that informed clients make the best decisions. That’s why we’re dedicated to providing not only representation but also education on key legal concepts that impact your projects.
It's vital to grasp how utility law fits into the bigger picture of real estate development. Having a solid understanding of your rights, obligations, and available remedies can save you time and money. Here are some crucial points to consider:
- Utility Availability: Determine what utilities are available in your area and how that impacts your property development plans.
- Service Area Regulations: Familiarize yourself with the regulatory boundaries that utility providers operate within, which can affect service accessibility.
- Rate Structures: Understand the different rate structures and terms that utility providers may impose, so you can plan your budget accordingly.
- Environmental Compliance: Stay informed on necessary environmental regulations that could impact your utility services and project timelines.
- Dispute Resolution: Knowing the options for resolving utility disputes can prevent potential project delays and legal challenges.
Our team is here to assist you in navigating these complexities, ensuring that your development project proceeds smoothly while complying with Texas regulations. Let us empower you with the knowledge and legal support needed for your success.
Understanding the Importance of Utility Regulation Compliance
Navigating the complex world of water and sewer utility regulations can be daunting for developers and municipalities alike. At McPherson Law Firm PLLC, we emphasize the importance of compliance with utility regulations to avoid costly delays and legal challenges. Understanding these laws not only safeguards your project but also fosters community trust and promotes sustainable development practices.
Here are some key reasons why compliance is essential:
- Prevent Legal Issues: Non-compliance can lead to fines, lawsuits, and project shutdowns, making it critical to have experienced legal counsel to guide you.
- Sustainability: Adhering to regulations ensures that developments align with environmental standards, promoting sustainable practices in the community.
- Streamlined Approvals: Compliant projects are more likely to receive timely approvals and permits from local governments, expediting your development timeline.
- Community Relations: Being in compliance demonstrates a commitment to responsible development, strengthening relationships with community members and local authorities.
Our experienced legal team at McPherson Law Firm PLLC is dedicated to helping you navigate these requirements, ensuring your project is successful from start to finish. Contact us today to learn how we can assist you in maintaining the highest standards of compliance.
How We Serve Real Estate Developers
Removing Properties from CCNs
In previous decades, people could obtain CCNs over vast geographic areas with little to no financial ability to provide the area with continuous and adequate service. Landowners, meanwhile, had very few rights to participate in the granting, amendment, or termination of the CCN.
Once land was included in a CCN Certificated Area, a landowner could not remove their land without going through a costly and time-consuming contested case proceeding at the TCEQ. As a result, the CCN holder could require hefty payments from landowners before consenting to remove their land from the Certificated Area, unless the landowner had the resources to go through the expensive contested case process—and this was rarely the case.
Now, however, landowners in a CCN Certificated Area have additional rights to participate in the CCN permitting process. In some instances, landowners can remove their land from the CCN area using expedited removal processes administered by TCEQ. Nevertheless, companies may still be motivated to prioritize profit over property owners’ needs.
If you are considering buying land in a CCN Certificated Area, you owe it to yourself to conduct appropriate due diligence on the ability of the CCN holder to provide continuous and adequate service to the tract of your desire. Under certain circumstances, state law may allow you to remove a property from the CCN Certified Area to obtain less costly service. But this process can be highly complex and costly without qualified support.
At McPherson Law Firm PLLC, our attorney can help you remove properties from CCN Certificated Areas. We will first review your deeds and determine whether you meet the basic qualifications for removal including:
- Owning enough acres
- Not currently receiving water or sewer services
- Located in a qualifying county
We can then help you draft the written request and mapping documents needed to apply.
Establishing New Water Utilities
In Texas, real estate developers are responsible for ensuring their development’s water source can meet all water demands. Often, developers fulfill this requirement by drilling new groundwater wells for every structure.
But this method has become increasingly more difficult due to tightened regulations and state policies. Because Texas generally discourages the “everybody gets a well” mentality, the challenge of acquiring reliable water sources for new developments will only continue to grow.
When you establish a new water utility service, you can choose from:
- Investor Owned Utility (IOU)
- Water Supply Corporation (WSC)
- Special Utility District (SUD)
- Municipal Utility District (MUD)
At the McPherson Law Firm PLLC, we can help you determine which type of service will meet your needs. Additionally, we can guide you through the formation and permit acquisition process, as well as navigation of groundwater conservation districts, if applicable.
Due to the challenges of acquiring new water utilities, you will have a much higher likelihood of success if we are here to support you every step of the way.
Representing Owners of Utilities
Are you looking to sell, transfer, or merge a utility? The Application for Sale, Transfer, or Merger (STM) of a Retail Public Utility requires you to demonstrate your ability to provide adequate service to all areas you plan to acquire and currently serve.
The application will ask for information regarding:
- Your finances
- Managerial capacity
- Technical resources
Our attorney can help you complete and close STMs. We have years of experience handling these types of applications and transactions, and our comprehensive guidance can help you accomplish your goals and advance your best interests.
