Water Rights & Permitting Disputes –
California & Tennessee Water Law
As Tennessee’s population grows and demand for water intensifies, conflicts over who gets to use that water—and how—are becoming more frequent. From river withdrawal fights to permitting battles with TDEC, these disputes often pit utilities, landowners, environmental groups, and regulators against one another. We help clients cut through the noise and assert their rights under Tennessee water law.
Understanding Water Rights in Tennessee Isn’t Optional Anymore/California is different
Tennessee follows a riparian rights system—meaning water use is tied to land ownership along a water source. But theory and practice don’t always align. State regulations, especially from the Tennessee Department of Environment and Conservation (TDEC), can limit how much water can be withdrawn, for what purpose, and under what permit. As recent conflicts like the Duck River withdrawal dispute show, these issues are no longer niche—they’re headline-making. Our firm stays on top of this evolving landscape to help clients navigate it with confidence.
California water law is a mixture of ground water/surface water rights and a different set of laws.
When Permits Become Battlegrounds
Whether it’s a county utility seeking to draw more water from a river, or a business trying to develop land near a protected watershed, environmental permits can trigger lawsuits. We’ve represented clients challenging and defending government-issued permits—including permits involving state agencies—when the stakes are high. These cases often involve public pressure, expert testimony, and deep regulatory knowledge. We know how to bring clarity and structure to the process.
Riparian Rights, Boundary Issues & Neighbor Disputes
Water doesn’t respect property lines. That’s why disputes often arise between neighbors and landowners over access, pumping, drainage, or alterations to streams and ponds. We represent clients on both sides of these claims—whether it’s a farm downstream losing flow due to diversion, or a homeowner harmed by upstream flooding. Our real estate litigation background gives us an edge in these cases, which frequently require blending property law and environmental regulation.
Balancing Compliance & Environmental Protection
For businesses and municipalities, complying with Tennessee’s environmental permitting requirements isn’t just about checking boxes. It’s about maintaining operations while avoiding conflict with environmental groups or state agencies. On the flip side, we help landowners and organizations who want to push back against developments they believe threaten waterways. Our experience on both sides of these disputes means we’re uniquely equipped to find practical, durable solutions.
Serving people and businesses throughout and Middle Tennessee, including Columbia, Nashville, Franklin, as well as surrounding areas and California.
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Staying Ahead of the Curve in Tennessee Water Law
Consider the ongoing Duck River litigation—a high-profile challenge to TDEC’s decision to grant increased water withdrawals to a utility serving Marshall County. While our firm isn’t directly involved, we follow cases like this closely because they signal how water law is evolving in Tennessee. When these cases go to court, they set precedents. We help our clients prepare accordingly.
Facing a Water Rights Conflict? Let’s Talk.
Whether you’re a landowner worried about the flow on your property, a business fighting for a permit, or a public utility navigating community pushback, you need a legal team that understands both the environmental and property law dimensions. We’re ready to evaluate your situation and offer clear, grounded legal options based on what’s actually possible—not just what sounds good on paper.
[Contact Us About a Water Rights Case →]
FAQ
How do water rights work in Tennessee?
Tennessee uses a riparian system—meaning if your land borders a body of water, you may use it reasonably. But state agencies like TDEC regulate actual use through permits.
Can I stop a utility from drawing water near my property?
You may be able to challenge a permit or file suit if their actions harm your property or violate environmental laws. Each situation requires a legal and scientific review.
What’s the Duck River water dispute about?
It centers on a TDEC permit allowing more water to be withdrawn from the Duck River, sparking litigation from environmental groups concerned about conservation and downstream impact.
Do you only represent landowners?
No—we represent both landowners and utilities or businesses. That experience on both sides gives us a clearer view of what strategies actually work.
Is a permit challenge worth the time and cost?
It depends on your goals and the facts. We give honest assessments up front to help you decide whether to negotiate, fight, or look for alternatives.
