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Practice Highlights and Personal Notes


Tom represents public and private interests in proceedings involving natural resource allocation decisions at the local, state and federal level. His focus is on interstate water resource allocation, water rights development, and protection of interests in water resources throughout the country. 

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  • Formerly In-house Counsel to Arizona Department of Water Resources, where he represented the State of Arizona in two major general stream adjudications involving the Gila and Little Colorado River systems.

  • Formerly Attorney with Office of the Solicitor, U.S. Department of the Interior, where he counseled the U.S. Bureau of Reclamation in its Lower Colorado River dam and reservoir operations and its efforts to support California’s Quantification Settlement Agreement (signed 2003).

  • Represented State of Nebraska; Kansas v. Nebraska and Colorado, No. 126 Orig. (S.Ct.)

  • Represented State of Arizona in Arizona v. California, No. 8, Orig (S.Ct.), addressing rights of certain Indian Tribes to Colorado River water

  • Represented State of Nebraska in multidistrict proceedings in seven separate federal courts In re Operation of the Missouri River System Litigation.

  • Represented State of Florida in Florida v. Georgia, No. 142 Orig. (S.Ct.) involving the interstate allocation of waters of the Apalachicola-Chattahoochee-Flint River system.

  • Represented coalition of twelve states amici curiae in Nat’l Ass’n of Homebuilders v. Defenders of Wildlife, 127 S.Ct. 2518 (2007) (addressing relationship of Clean Water Act and Endangered Species Act).

  • Represented Patagonia (outdoor clothier) in numerous administrative proceedings involving the Endangered Species Act, National Environmental Policy Act, and other environmental laws governing the development of the Nation’s resources including Lower Klamath Dam removal (OR, CA), Pebble Mine development (AK), Arctic National Wildlife Refuge drilling (AK).

  • Founder (2012 - 2022), Zipline Brewing Company, LLC, Lincoln, NE

  • Serves on the University of Nebraska, School of Natural Resources, Advisory Board

h2ocounsel is owned by TR Wilmoth Law, LLC.  TR Wilmoth Law, LLC is a Nebraska limited liability corporation.

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