Water and Wastewater Utilities

  • Overview
  • Attorneys

Water and wastewater utilities provide essential public services, usually on a substantially self-supporting basis. Because of their vital public importance and complexity, we regard their financing transactions as one of the purest and highest forms of public finance. In building our longstanding national public finance practice, we have facilitated water and wastewater utility financings in a large number of jurisdictions and under a variety of state statutes and constitutional and charter provisions. Consistent with our overall firm philosophy, we strive to apply our knowledge and experience to achieve the most constructive and positive results for our utility clients in a cost-effective manner.

Our attorneys working in this area must not only master the relevant state statutory and constitutional principles affecting utility borrowing, but must also have a working familiarity with the regulatory, fiscal and operational aspects of the business conducted by the clients we serve. A national practice like Kutak Rock’s encompasses many matters affecting the properties and services operated by water and wastewater utilities, including:

  • water and water rights (we work with major water utilities operating under both the riparian and appropriation systems of water rights)
  • ratemaking (especially as this affects covenant compliance and the reliability of system revenues)
  • environmental concerns of both water and wastewater systems
  • public contracting and liability concerns
  • state laws affecting intergovernmental relations
  • state and federal grants 
  • a variety of other subjects which our clients encounter on a daily basis