Water Law
Michael A. "MIke" Gershon
Recognized in Best Lawyers since 2013 Awarded Practice Areas
Biography
Mike advises a diverse group of clients with water planning and management, water quality, water rights, water utility and endangered species issues. He is a partner at the Austin law firm of Lloyd Gosselink, and serves on the firm’s Board and Executive Committee. He is a water, utility and environmental lawyer and works among a team of 30 lawyers within the firm’s Water and Litigation Practice Groups, chairing the Water Practice Group. He serves as General Counsel of the Texas Water Journal.
Mike has served as Chairman of the State Bar of Texas’s Environmental and Natural Resources Law Section and the San Antonio Bar’s Environmental Law Section. He is a Life Fellow of the Texas Bar Foundation and Fellow of the Austin Bar Foundation. Mike is AV/Preeminent® Peer-Review Rated in Natural Resources and Water Law by Martindale Hubbell.
Overview
- English
- St. Mary’s University School of Law, J.D., graduated 1997
- The University of Texas, BBA, graduated 1990
- Texas, State Bar of Texas, 1997
- Austin Bar Association Environmental, Water and Natural Resources Law Section - Member
- San Antonio Bar Association Environmental & Natural Resources Law Section - Former Chairman
- State Bar of Texas Environmental & Natural Resources Law Section - Former Chairman
- Texas Alliance of Groundwater Districts - Associate Member
- Texas Parks & Wildlife Department & Texas AgriLife Extension Service - Certified Master Naturalist
- Texas Water Association - Director and Member
- University of Texas School of Law Environmental Law Clinic - Member, Board of Advisors
- Admitted to United States District Court, Western District
- Admitted to United States Court of Appeals, Fifth Circuit
- Environmental Protection Agency (EPA) - Office of General Counsel
- English
- Texas, State Bar of Texas, 1997
- Austin Bar Association Environmental, Water and Natural Resources Law Section - Member
- San Antonio Bar Association Environmental & Natural Resources Law Section - Former Chairman
- State Bar of Texas Environmental & Natural Resources Law Section - Former Chairman
- Texas Alliance of Groundwater Districts - Associate Member
- Texas Parks & Wildlife Department & Texas AgriLife Extension Service - Certified Master Naturalist
- Texas Water Association - Director and Member
- University of Texas School of Law Environmental Law Clinic - Member, Board of Advisors
- St. Mary’s University School of Law, J.D., graduated 1997
- The University of Texas, BBA, graduated 1990
- Admitted to United States District Court, Western District
- Admitted to United States Court of Appeals, Fifth Circuit
- Environmental Protection Agency (EPA) - Office of General Counsel
Client Testimonials
Awards & Focus
Named "Lawyer of the Year" by Best Lawyers® for:
- Water Law, Austin (2024)
Recognized in The Best Lawyers in America® 2026 for work in:
- Water Law
Awards:
- Member, College of the State Bar
- Fellow, Austin Bar Foundation
- Fellow, San Antonio Bar Foundation
- AV Preeminent® Peer-Review Rated in Natural Resources and Water Law by Martindale Hubbell
- Life Fellow, Texas Bar Foundation
News & Media
Case History
Cases
- Republic Water Company of Texas, LLC and Fort Stockton Holdings, L.P. federal and state lawsuits
We successfully defended our client Middle Pecos Groundwater Conservation District in multiple related court proceedings between 2010 and 2017 on novel issues associated with Republic Water Co.'s water rights application for 9+ billion gallons per year and Fort Stockton Holdings' application for 15+ billion gallons per year, the latter which was protested by Pecos County, City of Fort Stockton, Pecos County Water Control and Improvement District No. 1, Brewster County Groundwater Conservation District, and the Beard, McKenzie and Ryan Families. In 2017 we led an effort to resolve the disputes while negotiating a settlement designed to protect all parties' water rights and aquifer levels.
- 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.
Transactions
- 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.
Your browser is not fully compatible with our automatic printer friendly formatting.
Please use the print button to print this profile page.