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Law Offices of
Booth, Ahrens & Werkenthin, P.C.
A Professional Corporation
515 Congress Avenue, Suite 1515
Austin, Texas 78701-3503
(512) 472-3263
fax (512) 473-2609
email: firm@baw.com | http://www.baw.com
Firm Résumé
Booth, Ahrens & Werkenthin, P.C. is a dynamic law firm that provides legal services enhanced by a specialized understanding of its clients' business and goals. In all instances, we strive to provide the fullest possible range and quality of services in a timely and effective manner and at a reasonable cost. To help ensure the high quality of our legal services, we concentrate our practice on the areas of water and environmental law at the judicial, administrative, and legislative levels.
Our water and environmental law practice includes groundwater and surface water rights, use of water for electric generation, water supply and other utility contracts, water quality, political subdivision creation, water and wastewater rates, eminent domain, environmental auditing, dredge and discharge permitting, wetlands, endangered species matters, title opinions concerning ownership of water rights, utility and construction contracts, municipal regulation, and the drafting, servicing and monitoring of legislation.
The services that we offer our clients are broad, spanning from litigation in both state and federal court and administrative agencies to the negotiation and drafting of contracts and other agreements. We represent a diverse client base throughout the State, including public and quasi-public bodies, electricity generators, international corporations, land and water right owners, agricultural and aquacultural interests, trade associations, and individuals. Our practice frequently involves novel legal issues and important questions of public policy.
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Members of the firm have assisted clients in a number of state water right matters involving the permitting or amending of permits for many Texas reservoirs, including Ivie Reservoir, Spence Reservoir, Lake J.B. Thomas, Paluxy Reservoir, Little Cypress Reservoir, Lake Benbrook, Richland-Chambers Reservoir, Cedar Creek Reservoir, Bridgeport Reservoir, Eagle Mountain Reservoir, Lake Fork, Lake Tawakoni, Toledo Bend Reservoir, Lake Livingston and Lake Wallisville among others. In recent years, the firm has worked with clients to develop innovative ways to obtain reliable water supplies, including obtaining permits to allow water users to divert surface water at times of higher flow to fill off-channel reservoirs for use during drier times and the reuse of wastewater to augment existing water supplies. The permitting of reservoirs and water diversions also required members of the firm to master collateral issues, such as the impacts to fish and wildlife resources, mitigation techniques, instream flow releases, water quality impacts, and endangered species.
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Members of the firm have extensive experience in assisting clients in negotiation and development of short, medium, and long-term water supply contracts as suppliers and as purchasers. Such contracts have included rate provisions supporting over $300 million worth of bonds for a regional water supply system, as well as provisions supporting reuse to enhance reservoir yields, protecting water quality and increasing water conservation. Additionally, members of the firm have developed and negotiated water right subordination agreements and wastewater treatment contracts.
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Members of the firm, in conjunction with the Fort Worth District Corps of Engineers and other attorneys, successfully defended litigation brought against the Corpsí granting to Tarrant Regional Water District a Section 404 permit for the Richland-Chambers Reservoir and pipeline. At the time, this was the largest reservoir project undertaken in the State during the past 15 years. Pipeline and reservoir costs were over $300 million.
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Members of the firm represented an international chemical corporation in contesting water rates charged to the corporation by a river authority. That rate appeal saved the corporation an estimated $80 million over the next 50 years.
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Members of the firm provided and continue to provide legal representation to individuals, industry, electricity generators, and political subdivisions relating to permitting and compliance with complex state and federal water and wastewater laws and regulations.
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Members of the firm assisted in negotiation of a key settlement between the operators of a nuclear electric-generation facility and a major regional water supplier that secured water supply for existing and future capacity at that facility. The firm also acts to protect and enhance water supply for electric-generation at coal and natural-gas fueled facilities.
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Members of the firm have assisted in the development of groundwater production permitting regulations for Panhandle Groundwater Conservation District Number Three and have participated in the development of legislation regulating production from the Edwards Aquifer, as well as permitting groundwater production under that legislation. Members of the firm negotiated and asserted in passage Edwards Aquifer Legislation eliminating the charging of permit retirement fees that would have cost Edwards groundwater and Guadalupe River surface water rights holders hundreds of millions of dollars.
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Members of the firm were instrumental in the passage of legislation that reduced the potential fee assessed against aquaculture facilities from more than $60,000 per year to $5,000.
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Members of the firm have been actively involved in shaping regional solutions to complex water availability concerns.
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Members of the firm have been actively involved in the legislative and administrative processes to ensure as much as possible that proposed legislation and agency rules allow continued development of the Stateís water resources with minimal state involvement but, at the same time, providing for the protection of existing water rights.
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Members of the firm were instrumental in negotiating with members of the environmentalist community in developing a solution to environmental flow needs in the Stateís bay and estuary systems.
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Members of the firm have assisted the Guadalupe Basin Coalition in negotiating with environmentalists and the Edwards Aquifer pumpers for needed changes to Edwards Aquifer Authority rules and the Edwards Aquifer Authority Act.
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Firm attorneys were instrumental in obtaining numerous water use and wastewater disposal permits and amendments for agricultural, municipal, and industrial concerns required for the continued growth and development of Texas. This included obtaining and defending state and federal permits for two regional wastewater treatment plants for the Trinity River Authority, as well as obtaining and defending state discharge permits for some of the largest coastal shrimp farming facilities in Texas.
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Members of the firm were instrumental in obtaining an authorization to operate a major water reuse project involving constructed wetlands.
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Booth, Ahrens & Werkenthin, P.C. was honored with a Watermark Award for its efforts in the area of wastewater reuse. The Watermark recognizes excellence in public and client communications and was awarded by the Water Environment Association of Texas.
Our goal at Booth, Ahrens & Werkenthin, P.C. is to excel in serving our clients in a cost-efficient and timely manner, to be accessible to those clients, and to work together with our clients to meet their goals and responsibilities.
The firm's energy derives from the collective capabilities of our attorneys. We match the specific client tasks with the particular attorney who possesses the expertise and experience to perform the needed services with a constant view towards achieving the most cost-effective result. See the following biographies regarding each attorney.
515 Congress Avenue, Suite 1515 | Austin, TX 78701-3503 | t 512.472.3263 | f 512.473.2609
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