Utilities and Power Plant Development
The firm has assisted several Indian tribes with negotiating utility rights-of-way, establishing utility authorities, and developing power, water, and sewer treatment systems. For example, we have represented clients in renegotiating rights-of-ways across Indian reservations for several transcontinental natural gas pipelines and electric transmission lines using the opportunity cost methodology, which generally results in obtaining more rights-of-way fees than the standard appraisal methodologies.
We have also have established utility authorities for several Indian tribes to operate and manage water, wastewater, solid waste disposal, gas and electric systems within their reservations. This work has included assisting clients to obtain federal and other funds to construct and expand such utility systems.
In addition, we have advised clients on the development of power plants on Indian reservations. This work has addressed various Indian law issues as well as siting, leasing, easements, licensing, and water issues. We are prepared to work with project development teams to obtain necessary licenses and financing for such projects.
We have also worked with the Western Area Power Administration (WAPA) in commenting on proposed regulations for hydro-electric power allocations to Indian tribes. We have assisted several Indian tribes in negotiating contracts with WAPA for such power allocations and with power suppliers for the delivery of such power allocations.
