Gershon, Michael A.

Water Practice Group - Chair
(512) 322-5872
Michael Gershon
Michael Gershon Michael Gershon Email Me
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Mike represents water utilities, groundwater conservation districts, municipalities, landowners, and various business interests. He advises and represents clients concerning water resource development, management and transactions, water rights, water quality, endangered species, service area disputes, rates, litigation, and board governance. Mike also provides strategic counsel concerning groundwater resource management and development, and negotiates and drafts wholesale and retail water supply agreements and groundwater leases and transfers.

Prior to law school, Mike worked as a litigation consultant and financial analyst. During law school, he served as a law clerk at the Environmental Protection Agency (Region VI), the Natural Resources Division of the Office of the Attorney General, and the Lower Colorado River Authority.

  • Admitted to State Bar of Texas
  • Admitted to United States District Court, Western District
  • Admitted to United States Court of Appeals, Fifth Circuit
  • J.D., St. Mary’s University School of Law (1997)
  • B.B.A. in Honors Professional Program in Accounting, University of Texas at Austin (1990)
  • Honors Accounting Program, President’s Leadership Class and Scholars Program, University of Oklahoma (1986-88)
  • Represents landowners and developers on all aspects of water and wastewater issues
  • Provides strategic counsel concerning groundwater resource management and development, and negotiates and drafts wholesale and retail water supply agreements and groundwater leases and transfers
  • Served on the Senate Bill 3 EARIP attorneys workgroup, and represents clients on matters implicating the Endangered Species Act
  • Handles all aspects of water and sewer service area (CCN) issues, including certification and decertification proceedings at TCEQ, litigation at SOAH, § 1926(b) litigation in federal and state court, and resolution of disputes through negotiated settlements
  • Prepares and evaluates applications for drilling and production permit applications on behalf of applicants and as general counsel to several groundwater conservation districts
  • Provides strategic and general counsel to several groundwater conservation districts in support of developing rules, management plans, desired future conditions, and all aspects of regulatory programs and board governance
  • Offers compliance counsel on TCEQ regulations governing utility standards and Edwards Aquifer Protection Program
  • Provides counsel on retail and wholesale water utility rate making and rate appeals
  • Handles litigation and appellate work in state court and SOAH, including disputes involving water rights, water reuse, service area, water quality, easement/real property, and groundwater permitting
  • Represents municipal and investor-owned utilities on TPDES permitting and source water protection initiatives
  • Co-speaker with K. Bibby, "Best Practices for Compliance, Records Management and Internal Communications under the Texas Public Information Act,” presented during the Board Members’ Breakout Session at the Texas Rural Water Association’s RuralWaterCon Annual Convention (2024)
  • Co-author with N. Vassar, "Strategic Planning: Texas Water Law Evolves to Meet Rapid Growth in Demand," The Texas Bar Journal, Volume 86, January 2023
  • Co-speaker with S. Wight III and Co-author with C. Ruiz, “The Latest on Lake Boehmer,” presented at the Texas Water Conservation Association Annual Convention (2023)
  • Speaker, “Legal Perspectives on Key Groundwater Issues,” presented at the 30th Texas Groundwater Program, sponsored by American Groundwater Trust, with co-panelists K. Fancher, R. Johnson, and Eddie McCarthy and moderated by Ed McCarthy (2023)
  • Speaker, “Water Resources:  A Discussion of Water Supply Availability, the Economics of Production and Delivery and the Evolving Regulatory Environment,” presented at the Texas Symposium on Climate Change and Energy Transition, sponsored by State Bar of Texas’s Environmental and Natural Resources Law Section and Texas Environmental Law Journal with co-panelists R. Mace and E. McCarthy (2023)
  • Co-author with N. Vassar, key legal developments in court and agencies in Texas and U.S. Bureau of Reclamation v. New Mexico and Colorado, EPA’s Clean Power Plan, and flood litigation, law+water, Texas+Water, Texas Water Resources Institute, Texas A&M Natural Resources Institute, Texas Water Journal and The Meadows Center for Water and the Environment (2023)
  • Moderator, “Navigating the Journey to and through a Contested Case Hearing,” presented with co-panelists B. Hutchison, S. Reese, B. Stansberry and J. Totten at the Texas Groundwater Summit (2022)
  • Speaker, “A Discussion of Recent Court Cases and Decisions Affecting Groundwater Management,” presented with co-panelists B. Dugat, R. Johnson, E. McCarthy, and P. Terrill at the Texas Aquifer Annual Conference sponsored by the American Groundwater Trust (2022)
  • Speaker, “Groundwater:  Planning for the Future,” presented by the Hays-Trinity Groundwater Conservation District and Hill Country Alliance with co-panelists R. Fieseler, Q. McColly and S. Schlessinger, and moderated by TWDB’s N. Ballew (2022)
  • Co-author with J. Muela, key legal developments in federal court and agencies on equitable apportionment, groundwater rights, and waters of the U.S., law+water, Texas+Water, Texas Water Resources Institute, Texas A&M Natural Resources Institute, Texas Water Journal and The Meadows Center for Water and the Environment (2022)
  • Speaker, “Recent Case Law Developments,” presented at the Texas Alliance of Groundwater Districts meeting with co-panelist J. Muela (2022)
  • Speaker, “Groundwater Markets:  Fort Stockton Case Study,” presented at the Texas Tech University School of Law Center for Water Law & Policy’s Water Law Symposium:  The New Frontier with co-panelists S. Leurig and C. Rubinstein and moderated by Center Director Amy Hardberger (2021)
  • Speaker, "Aquifer Storage and Recovery (ASR) Management with the Regulatory and Legal Environment," Presented at ASR for Texas! with co-panelists A. Collier, L. Council, S. Sledge, and M. Turco (2021)
  • Guest Speaker on groundwater management and water markets with Q. McColly, University of Texas School of Law (2021)
  • Author, key developments in the courts, law+water, Texas+Water, Texas Water Resources Institute, Texas A&M Natural Resources Institute, Texas Water Journal and The Meadows Center for Water and the Environment (2021)
  • Guest Speaker on groundwater law with R. Johnson, Texas Tech University School of Law (2020)
  • Speaker, “Case Study of Central Texas Water Supply Corporation’s Complex Permitting by Clearwater Underground Water Conservation District,” presented at the Texas Water Conservation Association Fall Conference Groundwater Panel with co-panelists D. Aaron and M. Keester (2020)
  • Author, “Ethical Considerations in the Practice of Environmental Law,” Chapter 35, Texas Practice, Environmental Law (West 2020)
  • Texas+Water Interview by Dr. Todd Votteler, Texas Water Resources Institute, Texas Water Journal and The Meadows Center for Water and the Environment (2020)
  • Author and Speaker, “Water and Sewer CCNs:  Learn if these state-regulated service areas protect utility planning and budgeting, if they ensure service to landowners, and if they treat landowners fairly,” UT Law CLE’s 24th Annual Land Use Conference (2020)
  • Speaker, “TCEQ’s First-Ever Review Panel under Texas Water Code § 36.3011,” presented at the Texas Water Conservation Association Annual Convention Groundwater Panel with co-panelist Review Panel Chairman D. Aaron (2020)
  • Speaker, “The Practice of Water Law,” St. Mary’s University School of Law Speakers Series presented with co-panelists K. Billings-Ray, E. Chancellor, S. Gammage (late 2019)
  • Speaker, “The Practice of Environmental Law,” St. Mary’s University School of Law Speakers Series presented with co-panelists P. Gregg, C. McDonald, S. Redding and W. Shelton (2019)
  • Speaker, “Recent Case Law Developments: A Focus on the Fazzino Litigation Involving Brazos Valley Groundwater Conservation District and City of Bryan,” Texas Alliance of Groundwater Districts meeting (2019)
  • Speaker, “In the Courts: Developments in the Law on Groundwater Rights and Management,” 18th Annual Bell County Water Symposium at Texas A&M University-Central Texas (2018)
  • Speaker, “Case Law Update,” presented with co-panelists S. Reese and C. Romero at the Texas Alliance of Groundwater Districts Leadership Summit (2018)
  • Guest Speaker on groundwater law, University of Texas School of Law (2018)
  • Moderator, “Case Law Update,” presented with co-panelists G. Ellis, S. Reese and C. Romero at the Texas Groundwater Summit (2018)
  • Speaker, “Groundwater Law in Practice: Understanding and Protecting Your Interests in Groundwater,” and panel participant with co-panelists Z. Hildenbrand, S. Leurig, R. Potts, and moderator A. Hardberger at the Annual West Texas Water Symposium sponsored by the Big Bend Conservation Alliance (2018)
  • Speaker, “Managing Groundwater in Travis County: How, Why and Where?” presented with co-panelists B. Hunt, V. Puig-Williams and moderator S. Rountree-Schlessinger at the Our Desired Future Series sponsored by Texas State University’s Meadows Center for Water and the Environment and the Shield-Ayres Foundation (2018)
  • Speaker, “The Practice of Environmental Law,” St. Mary’s University School of Law Speakers Series presented with co-panelists S. Alpin, S. Canseco, A. Medina and W. Shelton (2018)
  • Introductory remarks, “Reflections on Sipriano v. Ozarka by Texas Supreme Court Chief Justice Nathan Hecht,” at the Texas Groundwater Summit (2017)
  • Speaker, “West Texas Groundwater Update,” presented at the Texas Water Conservation Association Summer Conference with co-panelist E. McCarthy (2017)
  • Speaker, “Moving Groundwater in Texas,” presented with co-panelists J. Beach, B. Dugat, R. Johnson, A. Valdez, and K. Vickers at the Texas Groundwater Summit (2016)
  • Speaker, “Analysis of Texas Supreme Court's Coyote Lake Ranch v. City of Lubbock Decision,” presented at the Texas Water Conservation Association Groundwater Panel with co-panelist E. McCarthy (2016)
  • Speaker, “A Discussion of Recent Court Cases and Decisions Affecting Groundwater Management,” presented with co-panelists D. Caroom, B. Dugat, R. Johnson, E. McCarthy, and D. Miller at the Texas Aquifer Annual Conference sponsored by the American Groundwater Trust and Texas Water Development Board (2016)
  • Speaker, "Trends in and the Practice of Environmental Law," St. Mary's University School of Law Speakers Series presented with co-panelists G. Jolley, E. McCarthy, A. Medina and P. Wilson (2016)
  • Speaker, “Groundwater Case Law, Court Decisions, Affirmation of Groundwater Management,” 15th Annual Bell County Water Symposium (2015)
  • Speaker, “Texas Water Policy and Developments in Texas Water Law,” Texas Rural Water Association's Texas Rural Water Foundation Lecture Series (2015)
  • Guest Speaker on groundwater law, University of Texas School of Law and St. Mary’s University School of Law (2015)
  • Speaker, “Groundwater Rights and Policy,” Texas Aggregates & Concrete Association Environmental Seminar (2015)
  • Co-Author with T. Embrey and T. Brewer, “Groundwater Management and GMA Joint Planning Process,” Texas Water Conservation Association Confluence (2015)
  • Texas Tribune Trib+Water Interview (2015)
  • Speaker, “Water Policy,” Texas City Management Association Annual Conference (2014)
  • Speaker, “Life After the Endangered Species Designation: What Protecting the Springs Means for Us Locally,” 13th Annual Bell County Water Symposium (2013)
  • Speaker, “Water and Water Rights: Legal Issues,” Texas Aggregates and Concrete Association's Annual Environmental Seminar (2013)
  • Speaker, “Implications of the Endangered Species Act to Groundwater Conservation Districts and Other Stakeholders,” Texas Groundwater Summit (2013)
  • Speaker, “Groundwater Availability as a Matter of Law: A Discussion of the Statutory Model for Quantifying the Resource and Determining Water Availability and Implications for State Water Planning,” UT Energy Law Center Distinguished Lecture Series (2013)
  • Speaker with L. Fazio, C. Dupuy and J. Beach, "Water Policy," Water: Key to Our Future Symposium, Envision Central Texas (2013)
  • Co-Author, “Groundwater Availability as a Matter of Law: A Discussion of the Statutory Model for Quantifying the Resource and Determining Water Availability,” presented at the Changing Face of Water Rights in Texas, sponsored by State Bar of Texas (2013)
  • Author, “Federal Decisions Whether to List New Endangered and Threatened Species and Habitat Could Affect a Utility's Operations under the Endangered Species Act,” Quality on Tap (2013)
  • Speaker, “Implications of the Expedited Endangered Species Act Listings Process,” presented with co-panelist Steve Paulson, Ph.D. at the 100th Annual Conference, Texas Municipal League/Texas Municipal Utilities Association (2012)
  • Speaker, “Challenges to Water Resources Management Under the Endangered Species Act: Strategies and Tools to Address Unprecedented USFWS Action,” presented with co-panelists R. Biggers, P.E., K. White, Ph.D., P.G. and Todd Votteler, Ph.D. at the TWCA Mid-Year Conference (2012)
  • Speaker, “Evidentiary Issues and Practice Tips; Mechanisms for Evidence Exclusion,” Anatomy of an Administrative Hearing,” Austin Bar Administrative Law Section (2012)
  • Author, “Endangered Species Act Developments in Texas that Could Affect Your Project,” Lone Star Current (2012)
  • Speaker, “Risk Management, Conflict Resolution and Litigation Strategy,” Annual Districts Conference - Texas Rural Water Association (2011)
  • Author and Speaker with I. Hansen and G. Jolley, “Opportunities and Challenges in Securing Water for Development,” presented at the 33rd Annual Advanced Real Estate Law Conference (2011)
  • Speaker with K. Petersen and M. Jones, “Challenging Desired Future Conditions: Appeal to the Texas Water Development Board and Initiation and Inquiry by the Texas Commission on Environmental Quality,” presented at the Texas Water Law Institute (2010)
  • Author and Speaker, “Water Supply for Land Development: A Focus on Retail Water Utility Service,” presented at the Changing Face of Water Rights in Texas, sponsored by State Bar of Texas (2010)
  • Editor and Peer Reviewer, “Chapter 36 Groundwater Conservation Districts and Subsidence Districts,” Essentials of Texas Water Resources, Ch. 13 (2009)
  • Author and Speaker, “Water Utility Regulation,” presented at Texas Water Laws and Regulations (2009)
  • Co-Author with David Klein, “Fire Flow Service: A Barrier to Development?” The Lone Star Current (2009)
  • Author and Speaker, “Water and Sewer Utility Regulation” presented at Texas Water Laws and Regulations, Half Moon Seminar (2008)
  • Author and Speaker with E. McCarthy and L. Sherman, “What To Do When a Groundwater Client Calls: An Examination of Stakeholders’ Priorities and Texas Groundwater Law,” presented at the Changing Face of Water Rights in Texas 2008, sponsored by State Bar of Texas
  • Co-Author with J. Hill, “Evidence and Preserving Error in Environmental Cases at SOAH,” Anatomy of an Administrative Hearing, Austin Bar Administrative Law Section (2008)
  • Author and Speaker with R. Williams, “Groundwater Availability—A Discussion of Desired Future Conditions, Managed Available Groundwater, and GMA Planning Pursuant to House Bill 1763,” presented at the Water Rights, Sales and Transfers in Texas Lorman Seminar (2007)
  • Course Co-Director with John R. Pitts, Changing Face of Water Rights in Texas, sponsored by State Bar of Texas (2005, 2006)
  • Author and Speaker with B. Wilson, “Equity and Process in the Regulation of Groundwater: Should Local Defer to State? presented at the TRWA/TWCA Law Seminar—Texas Water Law: The Debate Continues (2005)
  • Guest Lecturer, Resolution of Disputes Involving Aquatic Resources, Texas State University Graduate Level Program in Water Resources Management (2004)
  • Speaker with panelists L. Dean, R. Gilbert, M. Hess, and D. Conoly on “Hypothetical Water Deal Involving Groundwater District, Rancher, Developer, and Municipality (as Groundwater District’s General Counsel),” presented at the Changing Face of Water Rights in Texas 2004, sponsored by State Bar of Texas
  • Speaker with panelists C. Barron Bradsby and K. Kramer, “Rule of Capture Celebrates a Stormy Century,” Presented at the Fifth Annual Environmental Forum, sponsored by Baylor University School of Law (2003)
  • Speaker, “Legal and Practical Considerations for Water Marketing,” presented at the Austin Area Research Organization (2003)
  • Speaker and Co-Author with B. Sledge, “Permitting Rules and the Need for Rules Early after District Confirmation,” presented at the Groundwater Conservation District Seminar Series: Programs, Plans, and Rules for your Groundwater Conservation District, Texas Water Resource Institute (2003)
  • Author, “The Recent Evolution of Texas Water Policy and Law, Southwest Hydrology (2003)
  • Speaker and Author, “Protecting Groundwater Rights Inside and Outside a District,” presented at the Changing Face of Water Rights in Texas 2003, sponsored by State Bar of Texas
  • Speaker with panelists T. Chenoweth and M. Kelly, “Environmental and Water Quality Concerns Facing Texas Water: Instream Uses,” presented at the Water Law 2002, Texas Water Law Institute (2002)
  • National Public Radio interviews concerning water resource management (2002)
  • Speaker and Author, “New Laws Affecting Water Issues Enacted During the 77th Legislative Session,” and with panelists R. Jolley, D. Conoly, G. Ellis, and G. Jarvis on “Hypothetical Water Deal Involving Groundwater District, Rancher, Developer, and Municipality (as City Attorney),” presented at the Changing Face of Water Rights in Texas 2002, sponsored by State Bar of Texas;
  • Speaker, “Transferring Conservation and Converted Base Irrigation Rights: Analysis of Legal Implications of Edwards Aquifer Authority’s Rules and Enabling Act,” presented at the Regional Clean Air & Water Seminar (2001)
  • Author and Speaker, “Groundwater Law: Rule of Capture and Property Rights Issues,” and Author and Panel Participant with R. Melvin, D. Conoly, and D. Becker on “Hypothetical Water Deal Involving Groundwater District, Rancher, Developer, and Municipality (as Groundwater District’s General Counsel),” Presented at the Changing Face of Water Rights in Texas 2001, sponsored by State Bar of Texas
  • Speaker and Co-Author with E. McCarthy, “Water Resource Development: Reuse Water as a Viable Option (A Discussion of the Legal Framework Governing Reuse Projects),” presented at the Water for Texas 2000 and Beyond, Texas Water Resources Institute Conference (2000), and published in hardbound edition, “Water for Texas” (2005)
  • Speaker, “Legislative Update on 76th Legislature,” presented at the S.A. Bar Association Environmental Law Section (1999)
  • Speaker, “Analysis of Texas Supreme Court’s Ozarka Decision,” presented at the S.A. Bar Association Environmental Law Section (1999)
  • Board Member, Texas Water Conservation Association
  • Former Chairman, Vice Chairman, Treasurer and Chairman of multiple committees, State Bar of Texas Environmental and Natural Resources Law Section
  • Former Board Member, Chairman, Vice Chairman and Treasurer, San Antonio Bar Association Environmental Law Section
  • Member, American Water Works Association
  • 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 Sections
  • Member, Texas Alliance of Groundwater Districts
  • Member, inaugural Board of Advisors, University of Texas School of Law Environmental Law Clinic
  • Certified Master Naturalist, Texas Parks and Wildlife Department and Texas AgriLife Extension Service
  • Admitted to College of the State Bar of Texas (2005)
  • AV Preeminent Peer Review Rated in Natural Resources and Water Law by Martindale-Hubbell
  • The Best Lawyers in America© : 2013 - 2024 in the field of Water Law, and 2024 Lawyer of the Year in Water Law in Austin
  • Life Fellow, Texas Bar Foundation
  • Fellow, Austin Bar Foundation
Mike was born in Fort Sill, Oklahoma. Outside the office, Mike and his wife and kids enjoy a variety of sports and music and time on the water and in the outdoors. He continues to volunteer time with the American Cancer Society, Certified Master Naturalist Program (TPWD and Texas AgriLife Extension Service), State Bar’s Environmental and Natural Resources Law Section, and Generation Serve, where his son and daughter serve in the teen leadership program and his wife serves on the Board of Directors.

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