Mike Gershon represents water utilities, groundwater conservation districts, municipalities, landowners, and various business interests on matters involving water resource development, management and transactions, water rights, water quality, endangered species, service area disputes, rates, litigation, and board governance.
Mike is AV Preeminent® Peer-Review Rated in Natural Resources and Water Law by Martindale Hubbell
Former Chairman (2009-2010), State Bar of Texas Environmental and Natural Resources Law Section; Former Board Member and Chairman, San Antonio Bar Association Environmental Law Section; Member, American Water Works Association; Member, Texas Water Conservation Association; Member, Texas Alliance of Groundwater District; Member, State Bar of Texas Litigation and Environmental and Natural Resources Law Sections;Member, Austin Bar Association Administrative Law and Environmental, Natural Resources & Water Law Section; Member, Board of Advisors, University of Texas School of Law Environmental Law Clinic (2006-current); Certified Master Naturalist, Texas Parks and Wildlife Department and Texas AgriLife Extension Service
Mike serves on the firm’s Executive Committee and Budget Committee, is a fiduciary of the firm’s 401K plan, and works among a team of 20 lawyers within the firm’s Water Practice Group.
Guitar Holding, L.P. v. Hudspeth County UWCD No. 1, Cimarron Agricultural, Ltd., CL Machinery, et al. — We defended our clients Cimarron Agricultural's and CL Machinery's groundwater rights in an unprecedented appeal and challenge to the regulator's authority. We helped to create law in the appellate court validating historic-use rights of our clients. At stake was our clients' interests in defending $100+ million in value of their groundwater rights and their interests in tens of thousands of acres of irrigated vineyards and Anaheim chili peppers.
Save Our Springs Alliance v. City of Kyle and Barton Springs/Edwards Aquifer Conservation District — We successfully appealed the decision of the regulator to secure groundwater rights for our client City of Kyle. Subsequent to prevailing on summary judgment, we structured a unique settlement agreement that has benefited our client. Additionally, we defeated the attempted intervention by protestant SOS Alliance, and structured a settlement beneficial to our client. At issue was the City's most prolific well and groundwater rights located within a logistically critical area within city limits.
Edwards Aquifer Recovery Implementation Plan — On behalf of clients City of New Braunfels and New Braunfels Utilities, we successfully participated in an unprecedented and statutorily mandated regional effort among five key contract parties and dozens of stakeholders to resolve significant challenges to manage spring flow, species habitat and groundwater withdrawals from the Edwards Aquifer throughout South Central Texas. This effort culminated in the U.S. Fish & Wildlife Service's approval of a Habitat Conservation Plan pursuant to the Endangered Species Act. Regional costs to several hundred permit holders is $20 million per year. Given the location of the critical Comal Springs within New Braunfels' city limits, buy-in to the HCP resulted in resolution among hundreds of stakeholders in lieu of protracted litigation and possibly more expensive solutions.