Water Quality

Water quality matters encompass a broad spectrum of legal issues arising under both state and federal law.  They may involve regulatory or enforcement proceedings before state and federal agencies, participation in proceedings to allocate Total Maximum Daily Loads (TMDLs), opposition to polluting activities by both public and private claimants, or claims for damages from such activities.  White & Jankowski is experienced in handling both surface and groundwater pollution matters including regulatory compliance proceedings and public and private damages actions under statutory and common law theories.  Our firm is experienced in coordinating with water quality experts on issues relating to surface and groundwater pollution, chemical pollution analyses, soils, and fisheries protection.  White & Jankowski represents clients in the following water quality arenas:

Litigation in Water Court

White & Jankowski litigates water quality issues as they pertain to water rights in Colorado Water Courts.  In cases involving substitute supply, such as augmentation plans and exchanges, the supply must be of a quality sufficient for the calling senior water right’s normal historical uses.  In addition, certain water proceedings require the applicant to demonstrate an ability to comply with water quality regulations.  These types of litigation have allowed our lawyers to develop substantial experience in the interplay between water quality laws and water rights laws, an important and quickly growing area of the law.

Administrative Rulemaking

Natural resources disputes often play out in front of administrative agencies and water quality is no exception.  Over the years, White & Jankowski has been involved in numerous administrative rulemakings before both water quality and water resources agencies in a variety of western states.  For example, our lawyers represented municipal and individual clients in the Colorado State Engineer’s nontributary produced water rulemaking and we’ve also represented municipal clients in various water quality rulemakings before the Colorado Water Quality Control Commission.  Influencing the content and direction of agency rules is an important part of our long range planning efforts related to clients’ water interests, and can be an effective way to avoid future disputes. 

Administrative Adjudication and Appeals

Our lawyers also have extensive experience with representing clients in adjudicatory actions and appeals of agency actions pertaining to water quality, including enforcement actions under the Safe Drinking Water Act, section 402 point source discharge permitting, section 401 water quality certification, and section 208 water quality planning.

If you would like to know about our experience in water quality matters or our ability to help with specific issues you face, please contact one of our partners.