Water and Sewer Financing

Ballard Spahr has a long history of helping states, local governments, developers, water districts, and private water authorities protect the availability, safety, and affordability of our nation’s water supply. Our attorneys have served as bond counsel, underwriters’ counsel, borrower’s counsel, and special tax counsel in hundreds of bond issues. These financings have supported the construction and improvement of water purification plants, wastewater treatment facilities, and the crucial infrastructure that brings drinking water to our homes and communities as well as the formation and entitlement of private water companies. They have included representation of states and local governments, authority-owned projects, special districts, investor-owned projects, and revolving loan programs.

In order to best assist their clients water-related projects, our Public Finance attorneys collaborate closely with their colleagues in both the Energy and Project Finance Group and Environment and Natural Resources Group. The Energy and Project Finance Group has particular experience in assisting municipalities, project developers, utilities, municipal and private issuers, banks, and underwriters in developing, financing, acquiring, and restructuring a diverse array of energy sector projects, ranging from utility scale renewable energy production facilities to traditional fossil fuel-based generation plants. The attorneys in our Environment and Natural Resources Group have substantial experience managing matters arising under the Clean Water Act and the Safe Drinking Water Act.

A number of Ballard attorneys have represented municipalities and their sewage treatment operations on this same range of issues. We have advised these entities and industrial users of sewage treatment facilities on complying with applicable requirements, have helped negotiate settlements of permit disputes or enforcement claims, and have worked on agreements between industrial users and municipal facilities to help assure compatible use and operations. We also have experience with advising municipalities regarding operations consistent with construction grant agreements.

Our attorneys are leaders in advising clients in the development of energy-related projects and innovators in finding creative solutions to client issues involving financial and product markets, including project finance, securitization, industry funds, and wholesale energy markets.

In addition to their work assisting municipal water providers, private water companies, domestic water improvement districts, and developers with financing for their water-related projects, our attorneys have significant experience with infrastructure planning, financing, and development of water and wastewater infrastructure facilities; and private/public partnerships in the construction of multibasin, multiparty pipelines, including federal Bureau of Reclamation projects. Our attorneys have in-depth knowledge of associated municipal and utility law issues, habitat conservation plans, wetlands, 404 permitting, natural resource damages, cultural artifacts, and other environmental issues associated with pumping and transporting water for municipal water providers.