Water and Water Infrastructure

The water sector has been estimated to be a $1 trillion annual marketplace growing at triple GDP rates. With the underlying dynamics of fixed supply and ever increasing demand, the water sector touches nearly every business sector including industrial/manufacturing, agriculture, food/beverage, energy, infrastructure, diversified industrials, clean-tech, natural resources, and even the “cloud.” The nexus among water, energy, agriculture (food) and infrastructure is well-recognized and creates complex and competing legal, cultural, political and financial choices.

Womble Bond Dickinson has a wealth of experience representing financial institutions, investors, inventors, and enterprises large and small in connection the water and water-related (such as energy, agriculture and infrastructure) legal issues. We represent all stakeholders and enterprises, both public and private, municipal and industrial, institutional investors, family offices, governments and NGOs, and utilities that are involved or looking to become involved in the water sector. These operating companies, including those that distribute, treat or manage, own or arrange for water, will play a critical role in ensuring that the world’s water needs are met.

Our water sector lawyers can help guide your enterprise from a commercial and industry focused perspective. We offer global capabilities and a team with deep water sector experience crossing nearly every aspect of the industry, including:

• Corporate/Mergers and Acquisitions—We advise water industry clients in every step of mergers and acquisitions, from preliminary inquiries to post-closing matters. We also have extensive experience advising clients in related transactions, such as joint ventures, international corporate transactions, divestitures, restructurings, corporate structuring, public and private equity and debt offerings, and venture capital transactions. For example, our team completed the acquisition of the largest NYSE-listed global water and point-of-use water company in a US$8.6 billion enterprise value transaction.
   
• Project Finance and Fund Formation—We help companies in the water industry source the necessary capital to achieve their business goals, as well as to negotiate and structure complex transactions. These include bond offerings, credit facilities, equity offerings and other financing instruments. We also guide investors in water-related projects, having counseled investors in deals valued in the billions of dollars. In addition, our team completed the formation and initial funding of a new private equity fund focusing on acquisition and financing of water and wastewater projects and investments.
   
• Infrastructure—The water industry relies on infrastructure to transport, clean and store water, and Womble Bond Dickinson helps teams finance, build, lease and operate this mission-critical infrastructure. For example, our team represented a large publicly traded NYSE company in the construction of a 300+ mile water pipeline. Our experience includes public-private partnerships as well as the privatization of public water assets. The Infrastructure Investment and Jobs Act includes more than $110 billion for water infrastructure, and we are working with clients to secure and perform those projects.
   
• Water-Related Contracts—We guide companies in a wide range of complex water-related contracts, both on the supply and demand side. These representations include industrial outsourcing and “Water-as-a-Service” contracts and related financings. For example, we have advised end users on water and wastewater operations (including recycle, recirculation and reuse) contracts.
   
• Regulatory Compliance—The U.S. water industry is highly regulated by federal (EPA) and state entities. We advise companies in a full range of environmental regulatory compliance matters, including Safe Drinking Water Act issues.
   
• Global Investment and Transactions—The need for water—and the investment opportunities in the water industry—are global issues. For example, fast-growing Southeast Asia is expected to need $30 trillion in water infrastructure upgrades over the next 20 years. Womble Bond Dickinson is a go-to firm for both the U.S. government, as well as the private sector, in water-related international investments and project finance. 
   
• Real Estate—Water usage and real estate are closely connected. We counsel clients in securing, acquiring and monetizing water and groundwater rights, as well as in related land use and zoning matters.
   
• Intellectual Property—Our team helps water companies prosecute, manage and defend patents related to water industry technologies, including the burgeoning digital water/AI/AIML segments.
   
• Institutional Investing—We advise private equity, venture capital and other institutional investors (including family offices) in negotiating, structuring and financing complex transactions related to water service. We also guide investors in due diligence and regulatory compliance relating to such transactions. Our experience includes guiding clients in water and wastewater privatization and water-related public-private partnerships.
   
• Water Utilities—We provide multidisciplinary regulatory, transactional and litigation services related to siting and permitting of water utilities. Our experience includes negotiating and closing wholesale water and sewer contracts. We also guide water utilities in market rules and compliance. 
   
• ESG (Environmental, Social and Governance) Representation—Our multidisciplinary team regularly counsels corporations, their boards and investors on a wide array of ESG issues, drawing on the collective experience of the firm’s corporate governance, SEC experience, environmental, finance, litigation, real estate, and labor practices.