Emily 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 JD from the University of Houston Law Center after completing her Bachelor of Arts degree from the University of Texas and her Master of Arts 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, predecessor agency to the Texas Commission on Environmental Quality (TCEQ), 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 Rocky Mountain Mineral Law Foundation’s Water Law Newsletter, and is the Water Quality and Water and Wastewater Utility Recent Developments columnist for the Texas Environmental Law Journal. Emily is an active member of the Texas Water Conservation Association, and she is a frequent speaker at water law and local government conferences.
Ms. Rogers represents numerous entities before the TCEQ 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, and represents those clients in contested case hearings regarding those applications. Emily also assists water and sewer utilities before the Public Utility Commission (PUC) regarding service territory disputes and water and sewer rate matters.
In addition to her regulatory work before the TCEQ and the PUC, Ms. Rogers negotiates water and sewer wholesale contracts, franchise fee agreements, reclaimed water agreements, and agreements for the purchase or lease of water rights. Emily 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.
Board Certified – 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)
Recipient of the 2017 Texas Water Conservation Association President’s Award
President’s Award (March 2017) – Texas Water Conservation Association
Co-Chairman of the 2019 & 2020 Changing Face of Water Law
Member of the Planning Committee for the Changing Face of Water Law (formerly Changing Face of Water Rights – 2009, 2011, 2012, 2015, 2016, 2017, 2018
Member of the Planning Committee for the 2014, 2015, and 2016 Texas Water Law Institute’s Texas Water Law CLE
Member of the Planning Committee for the 2013, 2017, and 2019 TRWA/TWCA Water Law Seminars
2015-2017 TWCA Water Law Committee Chairperson
TWCA Board of Directors Member (2017-2020)
Reporter on Water Law Developments in Texas for the Rocky Mountain Mineral Law Foundation’s Water Law Newsletter
Water Rights Recent Development Columnist for the State Bar of Texas Environmental Law Journal
State Bar of Texas (Environmental and Natural Resources Law Section and Administrative and Public Law Section); Austin Bar Association (Administrative Law Section and Natural Resources, Environmental, and Water Law Section)
Houston Law Review, Articles Editor
Texas Water Conservation Association – Member
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 Grinnan 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 for Texas Bar CLE 19th Annual Changing Face of Water Law (February 22-23, 2018)
Case Law Update, Co-Speaker for Texas Groundwater Summit (August 29-31, 2017)
Legislative Wrap Up, Speaker for TWCA Mid-Year Conference, (June 14-16, 2017).
Court Addresses Reuse Permitting Requirements in the Brazos River Basin, Author for TWCA Confluence Newsletter (April 1, 2017).
Brazos River Authority System Operation Permit, Speaker for TWCA 73rd Annual Convention (March 1, 2017).
Issues Out of BRA SysOps, Speaker for Texas Bar CLE 18th Annual Changing Face of Water Rights, (February 23-24, 2017).
Surface Water: Case Law Update & TWCA Surface Water Committee Legislative Preview, Co-Author/Speaker for TWCA/TRWA Water Law Conference (January 11, 2017).
CCN Updates Panel: Decertification & Compensation, Panel Moderator for TWCA/TRWA Water law Conference (January 11, 2017).
Legal Issues with Permitting Amenity Ponds, Author/Speaker for UTCLE Texas Water Law Institute (November 3, 2016).
Case Law Update, Author/Speaker for TWCA Fall Conference (October 14, 2016).
Liability for Flooding: Takings of Property, Speaker for the 18th Annual Water Quality Management and Planning Conference (May 16-22, 2016).
Let’s Facebook That – Using Social Media, Author for TWCA Confluence (October 2015).
Case Law Update, Author/Speaker for UTCLE Texas Water Law Institute (October 31, 2015).
Case Law Update, Author/Speaker for TWCA Fall Conference (October 16, 2015).
Regional Water Contracting and Land Use Development, Author/Speaker for CLE International’s 25th Texas Water Law Conference (October 6, 2015).
Texas Water Law and Developing Innovative Water Supplies, Speaker for StormCon Austin – The North American Surface Water Quality Conference and Expo (August 2-6, 2015).
Legislative Update 2015: Water Law, Author/Speaker for Texas Bar CLE (July 22, 2015).
Legislative Update for the 84th Legislature Regular Session, Author/Speaker for the Texas Water Conservation Association’s Mid-Year Conference 2015 (June 18, 2015).
Surface and Groundwater Water Rights 101, Speaker for the 17th Annual Water Quality Management & Planning Conference (May 19-22, 2015).
State Water Planning 101, Author/Speaker for the Texas City Attorney Association, 2014 Summer Conference (June 18-20, 2014).
Environmental Regulatory Hurdles for Your Storm Water and Food Control Project, Speaker for the 16th Annual Water Quality Management & Planning Conference (April 8-12, 2014).
Legal Issues regarding the Reuse of Wastewater, 16th Annual Water Quality Management & Planning Conference (April 8-12, 2014).
Protecting Groundwater Quality, 16th Annual Water Quality Management & Planning Conference (April 8-12, 2014).
State Water Planning, Panel Moderator/Co-Author with Lyn Clancy, TRWA/TWCA Water Law Seminar, Water for the Future: Texas at the Crossroads (January 24-25, 2013).
Water for Your Project: A Walkthrough, Author/Speaker for the 2012 Texas Water Law Institute (October 31 – November 2, 2012).
Current Issues Involving Surface Water and Cities, Author/Speaker for the Texas City Attorneys Association 2012 Summer Conference (June 6-8, 2012).
Providing Water Outside City Limits: CCNs, Rate Challenges, and More, Author/Speaker for Water in Texas: What Every City Official Needs to Know, TML Workshop Series 2012 (March 1-2, 2012).
Update: TCEQ and the Texas Water Development Board, Author/Speaker for the 6th Annual Advanced Texas Administrative Law Seminar (August 25-26, 2011).
Case Law Update, Co-Author/Speaker for The Changing Face of Water Rights 2011, State Bar of Texas (February 24-25, 2011).
Fire Hydrants – Are They Really Fire Hydrants? Speaker for the 20th Annual Local Government Seminar (April 30 – May 1, 2009).
Case Law Update, Co-Author/Speaker for the 10th Annual Changing Face of Water Rights Advanced Course (April 2-3, 2009)
Fireflow: Legislative Preview and the Interplay between Cities, Rural Water Utilities, Developers and Firefighters, Author/Co-Speaker for the 9th Annual TRWA/TWCA Water Law Seminar (January 2009).
Complying with Water Quality Laws and Regulations, Author/Speaker for the Texas Water Laws and Regulations Seminar, Half Moon Seminars (July 31, 2008).
Current Issues of Concern to Cities & Counties: Drainage, Flooding, & Storm Water, Author/Speaker for the 19th Annual Local Government Seminar (April 17-18, 2008).
Water and Sewer Service Issues Outside The City Limits: Issues Affecting The Decision To Annex, Co-Author for the 19th Annual Local Government Seminar (April 17-18, 2008).
Extending Utilities to Rural Areas, Texas Leadership Institute (November 12, 2007).
Water Law – Recent Developments, Texas City Attorney Association, Semi-Annual Meeting In Conjunction with the Texas Municipal League Annual Conference (November 8, 2007).
Environmental Legislation from the 80th Texas Legislature That Will Impact Environmental Professionals, Annual STEP Joint DFW Meeting (July 17, 2007).
Extending Water Utilities to Rural Areas, Author/Speaker for the 8th Annual The Changing Face of Water Rights in Texas (June 2007).
Groundwater Districts: The Municipal Perspective, Author/Speaker for the 18th Annual Local Government Seminar (April 26 – 27, 2007).
Negotiations and Transactions in Groundwater: Utility/Municipal Perspective, Author/Speaker, 7th Annual The Changing Face of Water Rights in Texas (May 18-19, 2006).
Whiskey Is for Drinking – Water Is for Fighting: Water Planning, Speaker, Texas Leadership Institute’s From Vision to Reality – Growth Management Strategies (May 9, 2006).
Did the Attorney General Shine Light on the Confusion in Texas’ Sunshine Law? Interpreting Open Meetings Act Provision § 551.143, Co/Author, Texas Tech Administrative Law Journal, Vol. 7, Book 1 (Spring 2006).
Texas Open Meetings Act: A List of Compliance Tips, Author, Confluence: Newsletter for the Texas Water Conservation Association (2nd Quarter 2005).
Regulatory Issues Related to Water and Wastewater Planning, Speaker, Texas Leadership Institute: Planning and Zoning Training for Texas Cities (May 20, 2005).
Environmental Regulation and Land Use and Development, Co-Author, William “King” Cole Effective Local Government Series – Session II (Advanced)(April 2005).
Water Rights and Issues Impacting Water Use, Author/Speaker, National Business Institute’s Fundamentals of Water Law in Texas (July 21, 2004).
Water and Sewer Certificates of Convenience and Necessity: When and How They Apply to Cities, Texas City Attorneys Association Newsletter (Spring 2004).
Meeting Water and Wastewater Needs and Ensuring Regulatory Compliance of Water and Wastewater Systems, Author/Speaker, 16th Annual Local Government Seminar (July 2003).