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Water Issues in Real Estate Transactions and Development

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Pending 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Pending 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Pending 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Upon Request 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Live Online + OnDemand
3 hours
Micheline Fairbank
With Micheline N. Fairbank from Fennemore Craig, P.C

Mon, Mar 09, 00:00 AM – 00:00 PM

Product ID 101639

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Course Includes
$299

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OnDemand Video

Video Download

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OnDemand content will be available within 7 days of event date.

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Overview

6 Things Every Real Estate Lawyer Needs to Know

A missed municipal code on low-flow toilets could add hundreds of thousands to development costs. Failing to review a shared well agreement might leave your client liable for repairs they never anticipated. Misunderstanding water rights could result in disputes over water access.


You don't need to be a water law specialist to face - and prevent - these issues. This course equips everyday real estate lawyers with the critical water law knowledge many transactions demand. Learn practical strategies to identify risks, guide clients, and draft contracts that protect against costly surprises. Because what you don't know can hurt your clients - register today!

  • Know what your client's water use and access rights are to avoid misunderstandings and disputes.
  • Decipher water rights and restrictions in deeds and other records before clients buy or develop.
  • Spot water district risks early to protect your client from service interruptions and hidden fees.
  • Identify common municipal code issues that can lead to delays, fines, and expensive corrections.

This program was designed in conjunction with NBI's esteemed 2023-2026 Content Advisory Committee Member Kimberly Jackson.

Abbreviated Agenda

  1. Your Client's Water Rights and Access
  2. Contract Considerations: What You Should Be Looking For
  3. Properties That Are Serviced by a Well or Septic System
  4. Water District Review Checklist
  5. Water Scarcity and Flood Risks
  6. Municipal and Liability Considerations

Related Topics

Product ID 101639

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Pending 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Pending 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Pending 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Upon Request 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Your Client's Water Rights and Access

    1. Appropriation: First in Time, First in Right
    2. Riparian Rights: Access and Reasonable Use
    3. Groundwater vs. Surface Water
    4. Easements for Water Access or Drainage

  2. Contract Considerations: What You Should Be Looking For

    1. Deeds and Covenants
    2. Water Rights Records
    3. Risk Allocation and Contract Drafting

  3. Properties That Are Serviced by a Well or Septic System

    1. Buyer Due Diligence
    2. What the Seller Has to Disclose
    3. Shared Systems and Agreements

  4. Water District Review Checklist

    1. Financial Viability, Capacity to Service, and Risks Involved
    2. Fees, Assessments, and Liens
    3. What Disclosures and Real Estate Contracts Should Account For
    4. District Approval and Connection for New Construction and Subdivisions

  5. Water Scarcity and Flood Risks

    1. Impacts on Property Value, Rights, and Development Potential
    2. Financing and Insurance Implications
    3. Disclosure, Due Diligence, and Risk Management
    4. Case Law Highlights

  6. Municipal and Liability Considerations

    1. Water Efficiency Codes and Fixtures
    2. Water Infrastructure: Ponds, Irrigation Systems, Rainwater Collection
    3. Stormwater and Runoff
    4. Damage, Erosion, and Flooding Issues
    5. Attractive Nuisance and Liability for Water-Related Hazards
    6. Environmental Considerations

Who Should Attend

This program is designed for attorneys. Real estate professionals, loan officers and underwriters, and paralegals may also benefit.

Speakers

Micheline N Fairbank
Micheline N.
Fairbank
Fennemore Craig, P.C
Speaker bio
Micheline N Fairbank

Micheline N. Fairbank

Fennemore Craig, P.C
Micheline Fairbank

is an of counsel attorney at Fennemore Craig, P.C's Reno, Nevada office. She practices in their business litigation and natural resources groups, and has many years of experience handling a broad spectrum of civil matters, including extensive trial and appellate experience and a practice focused on water and natural resource law. Ms. Fairbank earned her B.A. degree, cum laude, from Western Colorado University and her J.D. degree from Willamette University College of Law. She is a member of Western States Water Council, Non-Tribal Federal Water Needs Subcommittee and is on the Board of Directors of Walker Basin Conservancy. Ms. Fairbank is admitted to practice law in Nevada, California and Colorado, and before the U.S. District Court, District of Nevada, the Northern, Eastern, Central and Southern districts of California, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court.

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What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

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