Water Rights in Commercial Real Estate Sales: Jurisdictional Differences, Due Diligence Requirements, Key Provisions

Ms. Bocci works on a range of transactional matters, including purchase and sale agreements, financing, and leasing. Her practice focuses on hotel and resort properties, commercial real estate assets, and agriculture/agribusiness matters. In the agriculture sector, Ms. Bocci has specific experience in matters relating to farmland real estate investments. She handles transactions across the country involving the purchase, sale, leasing and financing of farmland. Further, she is familiar with operational issues specific to the food packing and processing industry, including supply chain and labor arrangements. In addition, she also advises clients on agribusiness-related M&A transactions and regularly speaks and writes on agribusiness topics.

Mr. Ruttenberg's real estate practice includes negotiating and preparing documents relating to the financing, lease, sale, purchase and operation of income producing properties; the finance, acquisition, development and day-to-day operations for apartment and commercial-use complexes; landlord/tenant relations; commercial transactions with governmental agencies; and the redevelopment and preservation of historic structures. He is involved in assisting development clients with the purchase, sale or lease of groundwater and surface water rights, the development of diversion facilities, and other water development and water supply agreements. In general commercial law, Mr. Ruttenberg assists businesses with day-to-day operating needs, negotiating and drafting business contracts and business entities documentation for limited partnerships, limited liability companies, general partnerships, and corporations. He prepares intra-owner agreements for commercial entities of all types and the documentation in connection with the formation of investment capital. Mr. Ruttenberg is Vice Chair of the Business Law Section of the Texas State Bar.

Mr. Daugherty provides legal advice regarding water rights, water quality, and land use to municipalities, special districts, Indian tribes, universities, ditch companies, and private ranches, resorts, and landowners. He combines his private practice and public interest experience to navigate a rewarding practice that involves representation of both large and small entities in water rights matters across the country. Mr. Daugherty helps municipal water suppliers with complex integrated water systems protect and expand their water rights portfolios, public agencies navigate complex water quality regulations, private property owners understand their decreed and undecreed water rights, and ditch companies and private developers negotiate development-related agreements. He regularly appears before state and federal courts, agencies, and commissions regarding water rights and water quality and advises clients on federal, state, and local water-related regulation and administration.