David represents municipalities, water districts, water authorities, utilities and landowners with their water supply, water quality, and water and sewer utility service interests, including certificates of convenience and necessity. He also assists these entities with their impact fees and wholesale and retail utility ratemaking matters.

David has over a decade of experience in representing clients before the Texas Commission on Environmental Quality and Public Utility Commission, as well as in contested case hearings at the State Office of Administrative Hearings.

In addition to assisting his clients, David is also the Treasurer of the Environmental and Natural Resources Law Section of the State Bar of Texas and the Chair of the “Rates and Charges Committee” for the Texas American Water Works Association.

David received his J.D. from The John Marshall Law School in 1997, and he participated in the University of Chicago’s Graduate School of Business Student-at-Large Program in Accounting.

  • Practice Areasopen

  • Professional Licenses and Educationopen

    • Admitted to State Bar of Texas (2003)
    • Admitted to U.S. District Court for Northern and Western Districts of Texas (2004)
    • J.D., The John Marshall Law School (1997)
    • University of Chicago Graduate School of Business Graduate-Student-at-Large Program (1997)
    • B.A., The University of Texas at Austin (1994)

  • Representative Experienceopen

    • Representing clients in contested case hearings at the State Office of Administrative Hearings
    • Preparing and prosecuting applications at the Texas Commission on Environmental Quality for water rights, water quality permits (TPDES, TLAP), and water district matters
    • Assisting clients with drafting development agreements and water supply contracts
    • Representing municipalities, districts, investor owned utilities, and developers in obtaining, amending, transferring, and decertifying water and sewer certificates of convenience and necessity (CCN), and dealing with 7 U.S.C.A. § 1926(b) related issues
    • Assisting clients in wholesale and retail water and sewer rate change applications
    • Serving as general counsel for water districts and water supply corporations
    • Assisting clients concerning the regulation of oil and gas activities
    • Participating in TCEQ and Railroad Commission of Texas rulemaking initiatives
    • Assisting clients with applications at Texas Water Development Board for funding under the State Revolving Fund (SRF) / American Recovery & Reinvestment Act (ARRA)

  • Publications and Presentationsopen

    • Author, “Home Sweet Home: Clarifying and Reinforcing a Municipality’s Authority to Regulate Natural Gas Activities in Its Corporate Limits,” 14 Texas Tech Administrative Law Journal 339 (2013)
    • Speaker, “Drought Preparedness: Conservation Plans/Initiatives,” Presented at the Capital Area Suburban Exchange Annual Conference, So. Padre Island, Texas—June 15 , 2012
    • Author and Speaker, “New Challenges in Obtaining & Decertifying Water/Wastewater Certificates of Convenience and Necessity,” Presented at the Texas Public Works Association Annual Conference, McAllen, Texas—June 17, 2011
    • Author and Speaker, “Maximizing Water Resources – Water Reuse in Texas,” Presented at the Texas Association of Water Board Directors Summer Conference, Ft. Worth—Texas, June 11, 2011
    • Author and Speaker, “Securing Water Utility Service: Recent Developments Regarding Certificates of Convenience and Necessity,” Presented at the Texas Bar Association’s Changing Face of Water Rights Conference, San Antonio, Texas—February 24, 2011
    • Author and Speaker, “Adopting Orders v. Resolutions: General District Governance,” Presented at the Texas Rural Water Association District Conference, Horseshoe Bay, Texas—September 2, 2010
    • Author and Speaker, “Drafting Wholesale Water Supply Contracts,” Presented at the Texas Rural Water Association Conference, San Antonio, Texas—March 24, 2010
    • Author and Speaker, “Taking Control Over Natural Gas Gathering and Transmission Pipelines and Compressor Station Companies,” Presented at the Texas City Attorneys Association 2009 Summer Conference—June 11, 2009
    • Author and Speaker, “Providing Retail Water and Wastewater Service to New Developments – New Challenges in Obtaining and Decertifying CCNs,” Presented at Texas Water 2009—April 16, 2009
    • Author and Speaker, “Biosolids Regulation and Enforcement Update,” Presented at the Biosolids Management & Odor and Corrosion Control Conference & Exposition, San Antonio, Texas—September 6, 2007
    • Author, “Exploring the Scope of Landowner Water Rights for Domestic and Livestock Purposes,” By David Klein and Robin Smith, Vol VII, No. 1 Texas Tech Administrative Law Journal (2007)
    • Author and Speaker, “Examining the HB 2876 Expedited CCN Decertification Process,” Presented at Texas Water 2007, Austin, Texas, April 11, 2007
    • Author, “Innovative Strategies in Water Marketing on the Rio Grande,” State Bar of Texas Environmental Law Journal, Spring 2007, Vol. 37, No. 3
    • Author, “Keeping Business Out of the Bedroom: Protecting Personal Privacy Interests from the Retail World,” 15 J. Marshall J. Computer & Info. L. 391 (1997)

  • Professional Associations and Membershipsopen

    • State Bar of Texas
      o Environmental and Natural Resource Section, Executive Committee
      o Administrative Law Section
    • Austin Bar Association
      o Environmental, Natural Resource, and Water Law Section
    • American Water Works Association
      o Water Conservation and Reuse Division
      o Rates and Charges Committee
    • Capital Area Suburban Exchange
    • Friend of Dell Children’s Trust of Central Texas

  • Personal Profileopen

    While David is fond of his time in Chicago, he is happy to be back in Texas, and has made Austin his home for more than a decade. When he’s not working, David and his family enjoy relaxing at Zilker Park, taking advantage of Austin’s live music scene, and participating in the Dell Children’s Trust Program.