Areas of Practice and Services

Water Rights

The Firm’s work in this practice area covers all aspects of Colorado water rights issues and includes the development, adjudication, and protection of conditional and absolute water rights, both surface and underground, development, adjudication, and administration of plans for augmentation, changes of water rights, and exchange cases, and other related work including water rights administration, well permitting issues, other water-related permitting work, and assisting with the resolution of disputes between our clients and other water users and regulatory officials. The Firm also provides legal assistance with transactional matters involving the evaluation of and negotiation and drafting of water rights purchase and sale agreements, title examination of water rights, and related property rights issues governing the use of ditches and other water conveyance facilities. We provide legal assistance with drainage, seepage, and flooding issues, with water project funding, and with proposed legislation dealing with water rights issues before the Colorado General Assembly, and also assist clients with their evaluation and involvement in multi-entity water supply projects and related agreements.

The Firm represents both applicants and objectors in water cases and has extensive experience with both perspectives. We have worked on and directly supervised significant litigation projects involving both trial and appellate work before the Colorado State Engineer, the Colorado Ground Water Commission, District Courts, Water Courts, the Court of Appeals, the Colorado Supreme Court, and private arbitration matters.

Water Rights Attorneys:

Water Quality

The Firm’s work in this practice area includes all aspects of the federal Clean Water Act and the Colorado Water Quality Control Act and includes representation of municipalities and industries that need permits for discharges to waters and wetlands. As a part of this practice, we regularly appear before Colorado's Water Quality Control Commission during statewide and basin-specific hearings to assist clients in the water quality standard setting process that forms the foundation for water quality permitting. We also assist clients with permit applications, commenting on draft permits, negotiating and/or appealing final permit terms and conditions, and defending against enforcement actions and citizen suits. Firm attorneys have also evaluated and drafted proposed legislation and have presented testimony in legislative hearings before the Colorado General Assembly.

Water Quality Attorneys:

Environmental Law

In addition to the Firm’s extensive water rights and water quality practices, we also assist clients with administrative, transactional, and litigation issues arising out of the Resource Conservation and Recovery Act (including solid waste and underground storage tank matters), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA or Superfund), oil and gas and other mining matters (including Div. of Reclamation and Mining permits and compliance), and other environmental issues. The Firm’s work in this area also includes environmental litigation services in Superfund contribution actions and advice on environmental auditing and liability issues. We also counsel sellers and purchasers, as well as environmental consultants, on due diligence matters. Firm attorneys also monitor state and federal legislative initiatives through our active participation in the Colorado Chamber of Commerce and the Colorado Water Congress. The Firm also works with clients in evaluating and drafting legislative proposals for state environmental laws.

Environmental Attorneys:

Civil Litigation

The Firm’s lawyers also litigate civil cases in Colorado District Courts, the Colorado Court of Appeals, and the Colorado Supreme Court. The Firm’s attorneys also practice before the United States Federal District Court for the District of Colorado and the United States Tenth Circuit Court of Appeals. Firm litigation attorneys can also appear pro hac vice in other states, and have appeared in Wyoming, Oklahoma, and West Virginia, as well as the United States District Courts for Minnesota and the Southern District of New York. The subject matter of these cases encompasses protection of ditch easements, protection of water rights against impairment, and other natural resources issues, including oil and gas, mining, and environmental law. Our experience also encompasses commercial issues including contract disputes, trademark infringement, and shareholder derivative actions. Firm attorneys have experience in all aspects of litigation, including choice of venue, drafting of pleadings, discovery, motions practice, trial, post-judgment relief, and appeals.

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