Water Law – Water Utilities

From 2022-2005, Trey was employed by a San Antonio law firm whose practice was limited to water and municipal law. As a firm associate, Trey actively advised and represented numerous water supply corporations, special utility districts and governmental water entities in all aspects of operations and governance. He also provided aggressive representation in permitting, regulatory and litigated matters, including federal litigation arising under 7 U.S.C. section 1926(b).   Trey also represented firm clients in connection with the Edwards Aquifer Authority‘s complex permitting process related to historical use declaration and forensically establishing beneficial use during the “historic period” defined by the EAA Act.

Since 2007 Trey has served as special counsel to a governmental regional water authority formed and operating pursuant to Article 16 Section 59 of the Texas Constitution. The authority provides utility customers with wholesale supplies of treated water produced by large-scale groundwater and surface water projects. As special counsel to the authority, Trey has secured multiple rounds of permits from regional groundwater conservation districts authorizing well drilling and the production and transportation of groundwater supplies that support multi-participant projects financed with public bonds. Trey also advises and represents the authority in contracting for water supplies, construction projects, equipment purchases, and consultant services. Trey drafts the authority’s groundwater leases entered with private property owners, drafts and negotiates interlocal cooperation agreements related to surface and groundwater supplies, drafts and negotiates the authority’s waterline and other easements. On a regular basis, Trey also assists the authority’s board and management in developing and drafting administrative policies, advises on regulatory compliance and governance matters, and oversees compliance with the Texas Open Meetings Act and Texas Public Information Act.  Trey also represents the authority in disputes and litigation.

From 2005 through 2009 Trey served as special counsel to the former Bexar Metropolitan Water District (“BexarMet”) which was merged into the San Antonio Water System in 2012. During its 65 year existence, BexarMet was a governmental retail water utility with operations in Bexar, Atascosa and Comal Counties. Trey’s special counsel role involved advising the District’s management and elected board of directors, assisting in implementing the District’s water resources strategies, representing the District in state and federal litigation as well as the State Office of Administrative Hearings, regulatory agency representation, drafting and negotiation of water supply agreements and groundwater leases, and drafting and negotiation of Utility Service Agreements and other complex agreements with developers.  Trey also represented the District in service area/ Certificate of Convenience and Necessity (“CCN”) applications and disputes and advised on legislative matters.

Trey has also served as general counsel to privately owned for-profit and non-profit water supply corporations, a wholesale special utility district with significant surface water operations and Bexar County’s last remaining  water control and improvement district. He  also represents landowners in water lease and sale transactions, water disputes, shared water well agreements and disputes with retail water providers..

Trey has served as President, Secretary and a director of the Cadillac Water Corporation.