Practice Areas > Retail Water Distribution
Retail distribution of water to citizen end users is where the rubber meets the road for water agencies. McCormick Kidman & Behrens LLP lawyers assist water agencies to meet the numerous and unique legal challenges confronted in providing water service to end use customers.
Customer Relations
The law empowers water agencies to communicate with their customers but imposes specific requirements and restrictions on when and how those communications are conducted. MKB advises agencies in a variety of customer service areas such as notices of water rate changes, restrictions on mass mail of public information materials and requirements for delinquent customer shut off notices.
Development Agreements
Most water agencies require land developers to pay their own way for the infrastructure required to serve water to their new land use development projects. At the same time, the law forbids public water agencies from requiring new developments to pay the cost of correcting infrastructure deficiencies within the pre-existing community. MKB assists water agencies in preparing development agreements which provide for the proper sequencing and funding of water supply infrastructure required for new land developments.
Fire Protection Flow Assurance and Liability
Providing the water and infrastructure, such as properly located and sized reservoirs, adequate water transmission and distribution mains, and sufficient fire hydrants required to fight fires, is a fundamental responsibility of retail water supply agencies. Severe fire storm situations nearly always over-tax water supplies and water systems. Fire losses are then blamed on the water provider. MKB advises water agency clients on how to avoid liability while carrying out their responsibilities to provide water for fire suppression.
System Failures and Liability
Water, especially water under pressure, poses serious threats of personal injury and property damage when it escapes the confines of the water system through a reservoir failure or the rupture of a water main. In contrast, water agencies are faced with customer dissatisfaction and assertions of liability when water pressures are too low. MKB assists water agency clients in dealing with liability and insurance claims related to service problems and system failures.
Back Flow Prevention
Sometimes activities or water uses on the customer’s side of the water meter pose a hazard of degraded quality water being sucked back into the public drinking water distribution system and, in turn, threatening the Department of Public Health (DPH) certification of the water system, not to mention public safety. MKB advises clients with respect to establishing and enforcing back flow prevention programs which meet DPH requirements.