Water and Wastewater Issues

1. Currently Special Counsel representing a City in water and wastewater matters as well as general environmental matters. Addressed regionalization questions for over a decade when negotiating numerous water and wastewater agreements.
2. In 2023, represented a Water Supply Corporation with negotiations on Nonstandard Service Agreement (NSSA) for water service.
3. In 2018, represented a City in litigation involving wastewater and water contract dispute with neighboring municipality (as well as Open Meeting Act litigation). Continue to represent the City on ongoing utility issues.
4. In 2019, advised a City on contracts regarding Water and Wastewater Agreement with West Bastrop Municipal Utility District (City to provide wastewater services to MUD, City to provide wholesale water service to MUD).
5. In 2015, advised a City with respect to PUC Docket 42861; SOAH Docket No. 473-14-5143.WS.
6. From 2012 to 2022, represented a City in acquisition of water rights and subsequent negotiations with neighboring City regarding those water rights.
7. From 2015 to 2017, represented a City in water contract dispute with Guadalupe-Blanco River Authority.
8. In 2020, represented a City in PUC Docket No. 50433 (wholesale sewer rate case).
9. From 2000 to 2008, represented seven cities in a water contract dispute against a larger City.
10. From 2016-1017, represented a City In PUC Docket No. 45848 concerning compensation due as a result of the City’s intent to provide retail water and sewer service to an area that was decertificated by the Commission in Docket No. 45329.
11. In 2012, represented a City in Application to Amend Water Certificate of Convenience and Necessity (CCN) No. 10324 (SOAH Docket No. 582-12-7597 and TCEQ Docket No. 2012-1196-UCR).  Beginning 2015, represented this same City in a contract dispute with former wastewater plant operator.
12. From 2021 to the present, advised a City on water supply issues.

  In addition to representing Municipalities on Wastewater issues, David Tuckfield has represented the following:

1. Represented Applicant in application for new TPDES Permit No. WQ0016210001 (Atlantis WKA Bastrop, LLC, TCEQ Docket No. 2024-0676-MWD).
2. Represented Applicant in application for TPDES Permit No. WQ0016132001 (The Vantage Austin, LLC, TCEQ Docket  No. 2023-0386-MWD).
3. Represented Theon Ranches, LP in the Application for the Creation of Theon Ranches Municipal Utility District No. 3 In Williamson County, Texas (TCEQ Docket No. 2023-1666-DIS).
4. Represented Applicant in application for new TPDES Permit No. WQ0016179001 (Theon Ranches, LP).
5. Represented Applicant in application for TPDES Permit No. WQ0015990001 (Gram Vikas Partners, Inc., SOAH Docket No. 582-23-13639, TCEQ Docket No. 2022-1155-MWD).
6. Represented Applicant in application for TPDES Permit No. WQ0016146001 (WILCO MUD 45 WWTP LLC).
7. Represented applicant in application for TPDES Permit No. WQ0015817001 (TCEQ Docket No. 2020-0973-MWD).
8. Represented applicant in application for TPDES Permit No. WQ0015835001 (TCEQ Docket No. 2020-1246-MWD).
9. Represented applicant (DTB Investments, L.P.) in application for a major amendment to its existing Permit No. WQ0015092001 to change the method of disposal from land application to discharge to waters in the state via TPDES Permit No. WQ0015092001 and to increase the discharge from a daily average flow not to exceed 180,000 gallons per day (gpd) to a daily average flow not to exceed 300,000 gpd in Comal County, Texas.
10. Represented applicant in TCEQ Docket No. 2019-0901-MWD regarding the application for TCEQ Permit No. WQ0015643001 (Land Application Permit).
11. Represented applicant in  TCEQ Docket No. 2015-0664-MWD (Application for Land Application Permit WQ0015201001).

David Tuckfield has represented entities in the following PUC dockets:

1. Docket No. 54920 - Application of Crosswinds MUD  for Approval of a Service Area Agreement Under Texas Water Code § 13.248.
2. Docket No. 54063 - Chambers County Improvement District No. 2 (Petition to amend CCN).
3. Docket No. 53563 - Benchmark Acquisitions, Inc. (Petition to amend CCN).
4. Docket No. 53613 - Denton Security Investment, Inc. (Petition to amend CCN).
5. Docket No. 52774 - McCart St, LLC (Petition to amend CCN).
6. Docket No. 52655  - McCart St, LLC (Petition to amend CCN).
7. Docket No. 52415 - Hot Squares of Austin, Ltd. (Petition to amend CCN).
8. Docket No. 51408 -Trent Water Works, Inc. (Petition to amend water rates).
9. Docket No. 50433 - City of Malakoff (water rate appeal).
10. Docket No. 45848 - City of Celina (proceeding to determine whether CCN holder had any property rendered "useless or valueless" by having a portion of its CCN decertificated in Docket No. 45329 -- an issue of first impression).
11. Docket No. 45329 - CADG Sutton Fields II, LLC (Petition to amend CCN).

David Tuckfield served as an expert witness on Regionalization in the following applications:

•  New TPDES Permit No. WQ00l5878001; SOAH Docket No. 582-22-1016; TCEQ Docket No. 2021-1214-MWD (Application of AIR-W 2017-7 L.P)

• New TPDES Permit No. WQ0016008001; SOAH Docket No. 582-23-10368; TCEQ Docket No. 2022-1731-MWD (Application of R040062, LP) 

• New TPDES Permit No. WQ0016154001; SOAH Docket No. 582-23-11653; TCEQ Docket No. 2022-1732-MWD (Application of Civitas at Buda, LLC)

• New TPDES Permit No. WQ0016213001;  SOAH Docket No. 582-23-21044; TCEQ Docket No. 2023-0650-MWD (Application of Indie Catch, LLC)