Biography

Emily Rogers practices in the areas of water and environmental law. From permitting to transactional matters, Emily represents cities, river authorities, and water districts in matters involving surface and groundwater water rights, water and wastewater utility matters, water issues, and industrial and municipal solid waste disposal.

Born and raised in San Marcos, Texas, Emily earned her J.D. from the University of Houston Law Center after completing her B.A. degree from the University of Texas and her M.A. degree from Southwest Texas State University. After law school, she returned to Austin and was a staff attorney at the Texas Natural Resource Conservation Commission, the predecessor agency to the Texas Commission on Environmental Quality, where she represented the agency in contested cases involving wastewater permit applications and provided legal counsel to the state’s Superfund program.

Board Certified in Administrative Law, Emily is the reporter on Water Law Developments in Texas for The Foundation for Natural Resources and Energy Law’s Water Law Newsletter. She is also the co-author of the River Authorities and Regional Water Districts chapter in Essentials of Texas Water Resources and previously served as a columnist for the Texas Environmental Law Journal. In addition, Emily is a frequent speaker at water law and local government conferences.

Emily is an active member of the Texas Water Conservation Association, where she serves as a board member and chair of the Flood and Navigation Panel. She also serves on the Administrative Law Advisory Commission of the Texas Board of Legal Specialization, is a member of the Administrative and Public Law Council for the Administrative and Public Law Section of the State Bar of Texas, and is co-chair of the Water Rights Committee of the Real Estate, Probate and Trust Law Section of the State Bar of Texas. In addition to her volunteer involvement and leadership roles, Emily serves as the Managing Partner of Bickerstaff Heath Delgado Acosta LLC.  

Representative Experience

Emily represents cities, water districts, and private entities before the Public Utility Commission of Texas (PUC), the Texas Commission on Environmental Quality (TCEQ), and the State Office of Administrative Hearings (SOAH). Her practice before the PUC includes filing and assisting clients with the applications for new or amended certificates of convenience and necessity, assisting clients with the sale or purchase of retail public utilities, and the transfer of CCN territory between retail and public utilities including filing sale, transfer, merger applications, and Texas Water Code § 13.248 agreements designating service territory. Emily also assists clients with expedited decertification petitions. In addition, she represents clients before the PUC in rate-making proceedings and appeals of rate changes, and service area disputes. She also advises clients with issues related to retail public utilities with federal debt, and assists the Firm’s litigation team in lawsuits against both private and governmental clients involving claims under 7 U.S.C.A. § 1926(b). Emily’s TCEQ practice includes representing clients in permitting and enforcement matters. She assists clients in preparing and filing applications for new or amended water rights, wastewater discharge permits, and solid waste disposal permits. If any of her clients’ matters before the PUC or TCEQ are contested, she represents them in contested case hearings before SOAH. 

In addition to her regulatory work before the TCEQ and the PUC, Emily negotiates water and sewer wholesale contracts, franchise fee agreements, reclaimed water agreements, and agreements for the purchase or lease of surface water and groundwater rights. She assists clients in developing pretreatment regulations, stormwater and non-point source pollution control ordinances, and onsite septic system regulations. She also counsels her local government clients on impact fees, and assists those clients in preparing water and sewer utility rates, usage and extension requirements, as well as drought contingency and water conservation plans. Additionally, Emily counsels clients in groundwater regulatory matters and assists clients with groundwater rights permitting.

Board Certified in Administrative Law, Texas Board of Legal Specialization

Former staff attorney at the Texas Natural Resource Conservation Commission (predecessor agency to the Texas Commission on Environmental Quality)

The Best Lawyers in America©, Water Law, 2024

Recipient of the 2017 Texas Water Conservation Association President’s Award

Board of Directors, Texas Water Conservation Association, 2017-present

Chair, Flood and Navigation Panel, Texas Water Conservation Association, 2022-present

Member, Administrative Law Advisory Commission, Texas Board of Legal Specialization, 2022-present

Member, Administrative and Public Law Council, Administrative and Public Law Section of the State Bar of Texas, 2022-present

Co-chair, Water Rights Committee of the Real Estate, Probate and Trust Law Section of the State Bar of Texas, 2023

Co-chair, Changing Face of Water Law, 2019 and 2020

Planning Committee, Changing Face of Water Law (formerly Changing Face of Water Rights) – 2009, 2011, 2012, 2015, 2016, 2017, 2018

Planning Committee, Texas Water Law Institute’s Texas Water Law CLE, 2014, 2015, and 2016

Planning Committee, Texas Rural Water Association/Texas Water Conservation Association Water Law Seminars, 2013, 2017, and 2019

Chairperson, Water Law Committee, Texas Water Conservation Association, 2015-2017

Reporter, Water Law Developments in Texas, The Foundation for Natural Resources and Energy Law’s Water Law Newsletter

Recent Developments Columnist on Water Rights, Texas Environmental Law Journal, 2010-2023

State Bar of Texas (Environmental and Natural Resources Law Section; Natural Resources, Environmental, and Water Law Section)

Houston Law Review, Articles Editor

Texas Water Conservation Association, Member

Current Legal Issues, Panel Member, 2023 Texas Groundwater Summit (August 2023)

Overview: PUC Management of Water-Related Matters, Speaker, TexasBarCLE 24th Annual Changing Face of Water Law (February 2023)

How to Fight a MUD and Why You Should, Speaker, 2022 Texas City Attorneys Association Summer Conference (June 2022)

“River Authorities and Regional Water Districts,” Co-author (with Lyn Clancy), Chapter 9, Essentials of Texas Water Resources, 7th Edition (2022)

“North Texas Municipal Water District Wholesale Rate Appeal” Co-author (with Lyn Clancy), Rocky Mountain Mineral Law Foundation Water Law Newsletter, Vol. LIV, No. 1 (2021)

Public Interest Texas in Wholesale Rate Cases, Co-speaker (with Lyn Clancy), TexasBarCLE 22nd Annual Changing Face of Water Law (February 2021)

What Water District Board Members and Managers Need to Know About Open Records, Speaker, 2020 Association of Water District Boards’ Virtual Annual Conference (August 7-8, 2020)

“Court Rules It Has Jurisdiction in Groundwater Takings Case,” Author, Rocky Mountain Mineral Law Foundation Water Law Newsletter, Vol. LIII, No. 3 (2020)

Key Water Related Legal Issues for Landowners, Speaker, 21st Annual Changing Face of Water Law (February 2020)

“Court of Federal Claims Finds U.S. Liable for Taking After Hurricane Harvey,” Co-author (with Kimberly Kelley), Rocky Mountain Mineral Law Foundation Water Law Newsletter – Vol. LIII, No. 1 (2020)

This is Jeopardy: Who’s Who and What’s What in Water, Speaker, Texas Bar CLE 19th Annual Changing Face of Water Law (February 2018)

Case Law Update, Co-speaker, Texas Groundwater Summit (August 2017)

Legislative Wrap Up, Speaker, TWCA Mid-Year Conference, (June 2017)

“Court Addresses Reuse Permitting Requirements in the Brazos River Basin,” Author, TWCA Confluence Newsletter (April 2017)

Brazos River Authority System Operation Permit, Speaker, TWCA 73rd Annual Convention (March 2017)

Issues Out of BRA SysOps, Speaker, TexasBarCLE 18th Annual Changing Face of Water Rights, (February 2017)

Surface Water: Case Law Update & TWCA Surface Water Committee Legislative Preview, Co-Author/Speaker, TWCA/TRWA Water Law Conference (January 2017)

CCN Updates Panel: Decertification & Compensation, Panel Moderator, TWCA/TRWA Water Law Conference (January 2017)

Legal Issues with Permitting Amenity Ponds, Author/Speaker, UT Law CLE Texas Water Law Institute (November 2016)

Case Law Update, Author/Speaker, TWCA Fall Conference (October 2016)

Liability for Flooding: Takings of Property, Speaker, 18th Annual Water Quality Management and Planning Conference (May 2016)

“Let’s Facebook That – Using Social Media,” Author, TWCA Confluence Newsletter (October 2015)

Case Law Update, Author/Speaker, UT Law CLE Texas Water Law Institute (October 2015)

Case Law Update, Author/Speaker, TWCA Fall Conference (October 2015)

Regional Water Contracting and Land Use Development, Author/Speaker, CLE International’s 25th Texas Water Law Conference (October 2015)

Texas Water Law and Developing Innovative Water Supplies, Speaker, StormCon Austin – The North American Surface Water Quality Conference and Expo (August 2015)

Legislative Update 2015: Water Law, Author/Speaker, TexasBarCLE (July 2015)

“Texas Court of Appeals Finds TCEQ’s Drought Rules Exceed Authority,” Author, TWCA Confluence Newsletter (June 2015)

“Has The Texas Supreme Court Expanded Takings Liability for Flooding?” Author, TWCA Confluence Newsletter (March 2015)

Legislative Update for the 84th Legislature Regular Session, Author/Speaker, TWCA Mid-Year Conference (June 2015)

Surface and Groundwater Water Rights 101, Speaker, 17th Annual Water Quality Management & Planning Conference (May 2015)

State Water Planning 101, Author/Speaker, Texas City Attorneys Association, 2014 Summer Conference (June 2014)

Environmental Regulatory Hurdles for Your Storm Water and Food Control Project, Speaker, 16th Annual Water Quality Management & Planning Conference (April 2014)

Legal Issues Regarding the Reuse of Wastewater, Speaker, 16th Annual Water Quality Management & Planning Conference (April 2014)

Protecting Groundwater Quality, Speaker, 16th Annual Water Quality Management & Planning Conference (April 2014)