Water Law Representative Matters

• Representation of numerous applicants for groundwater and surface water permits before the OWRB.  The firm has also successfully represented protestants to groundwater, surface water and dam approval applications.
• Representation of a major protestant in a highly contested groundwater permit application by a mining company before the OWRB involving the Arbuckle Simpson Aquifer, the only sensitive sole-source aquifer in Oklahoma.  The hearing on this application was the longest in OWRB history, lasting a total of ten days spread over several months, with hearings both in Oklahoma City and Sulphur, Oklahoma.  Hydrological evidence presented by the firm was instrumental in obtaining a favorable order from the OWRB.
• Representation of a large municipality to enforce its FEMA Flood Plain Ordinance. A developer had spent $500,000 or more to place large piers out into the South Canadian River. The effect was to cause the river to divert itself about 1/2 mile to the south. The firm obtained a successful verdict (in the form of a mandatory injunction) against the developer to prevent him from continuing to armor his piers and thus allowing the river to resume its natural course.
• Representation of numerous property owners to recover damages caused by upstream development that had concentrated and rerouted water flow into lakes or across their property.
• Representation of numerous neighborhood homeowners’ associations and individuals to recover for siltation and pollution caused by upstream development. These cases were successfully settled with sufficient monies obtained to dredge or excavate 40,000 cubic yards, 25,000 cubic yards and 22,000 cubic yards of silt from the respective lakes.
• Representation of approximately 50 homeowners to recover for siltation and pollution caused to a residential lake by upstream development. Prior to the firm’s involvement, one entire arm of this lake was silted in, its dam was in precarious condition, its drain pipe nonfunctioning and its spillway was condemned.  The case successfully settled, with sufficient monies obtained to dredge 20,000 cubic yards of material from the lake, repair the leaking dam, install a new 22 inch drain pipe and completely rebuild and reinforce the spillway. The entire project, when finished, was showcased by the OWRB as one of the best examples of cooperative work between a homeowners association and the OWRB.
• Representation of a large corporation and its civil engineers in site development to review all water diversion plans to assure compliance with water law and avoid suits by downstream property owners.
• Representation of oil companies and property owners in underground water contamination lawsuits.
• Representation of multi-national engineering company in litigation and agency hearing relating to wastewater master planning issues.
• The firm has also been retained on numerous other occasions by private individuals, property developers and homeowners groups to handle a host of issues dealing with meandering creeks, streambed erosion, lake pollution, dam or spillway safety, dredging or cleanup of the lake, negotiation of water transfer easements and general lake and stream quality issues.