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Overview
Protect Your Client's Water Rights and Use
The fight for "liquid gold" is getting ugly. With developers, government officials, energy companies, tribal leaders, utility companies, farmers, and others putting water in their crosshairs, more and more attorneys are taking on these complicated cases. This focused legal program is packed with the latest and greatest legal strategies for protecting your client's water rights and use. Whether you're an experienced water law attorney or new to the practice area, this program will provide you with practical tools to tackle water law cases. Register today!
- Gain the tools you need to handle evaluation, development, adjudication, legislation, and acquisition of water rights.
- Get the fundamentals of water law down, learn critical terminology and find out how to simplify the adjudication process.
- Hear the most recent case law, review recent legislative updates, and understand the interaction between federal, state, and local water law regulations.
- Learn how to evaluate water rights, what evidence you need to look for, where to get it and how to apply it to litigation.
- Discover real-world techniques for handling leasing, modification, exchange, transfer, purchase, and sale of water rights.
- Find out practical strategies for handling ownership and lease disputes, condemnation disputes, easement challenges, and application disputes from experienced attorney faculty.
- Examine emerging hydraulic fracturing, tribal, and geothermal water law issues.
- Overcome ethical challenges of representing more than one client in a river system.
Abbreviated Agenda
- Prior Appropriation Water Law Made Simple
- Legislation, Regulation, and Case Law Update
- Water Rights Evaluations
- Handling the Application, Lease, Transfer, and Sale of Water Rights
- Handling Water Rights Disputes: Adjudication Procedures and Litigation Tips
- Current Issues, Legal Challenges, and Recent Trends
- Ethics and Water Law
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| AICP |
|
6 Total |
| Colorado CLE |
|
7 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Prior Appropriation Water Law Made Simple
- Water Law Fundamentals - A Brief Overview
- Determination/Allocation of Water Rights
- Water Law Terminology for Attorneys
- Overview of the Administrative System
- Visual Aids of State Water Bodies, Rivers, and Streams - What Water is Being Disputed and Why
-
Legislation, Regulation, and Case Law Update
- State and Local Water Law Update
- Federal Legislation and Regulations
- Federal, State, and Local Regulations and Compliance Update
- Recent Case Law
-
Water Rights Evaluations
- Determining Validity/Ownership and Due Diligence Reviews
- Title and Survey Reviews
- Inspections
- Expert Witness Tips - Consulting with a Water Resources Engineer and Other Water Experts
- Applying Hydrology, Groundwater Modeling, and Nanotechnology to Litigation Strategies
- Proving How Much Was Used, How Much They Need to Use, and When They Started Using it
- Determining Future Supply
-
Handling the Application, Lease, Transfer, and Sale of Water Rights
- Applying for Water Rights - From Basic to Complex
- Leases
- Modifications
- Exchanges
- Transfers
- Purchase/Sale of Water Rights
- Negotiating and Drafting Agreements
-
Handling Water Rights Disputes: Adjudication Procedures and Litigation Tips
- The Adjudication Process
- Ownership Disputes
- Condemnation Disputes
- Lease Disputes
- Opposing an Application for New Water Rights
- Modification Disputes
- Easement Disputes
-
Current Issues, Legal Challenges, and Recent Trends
- Tribal Water Rights
- Hydraulic Fracturing- Water Use in the Oil and Gas Industries
- Current Water Quality Standards/Contamination Issues
- Drought Challenges
- Overcoming Ditch Company Challenges
- Local and Municipal Initiatives, Utilities, and Development Projects
-
Ethics and Water Law
- Multiparty Representation and Ethical Challenges
- Compliance Issues, Risks, and Ethics
- Replacement Plans and Reclamation: Avoiding Ethical Pitfalls
Who Should Attend
This basic-to-intermediate level seminar is designed for those who are involved in water right disputes and transactions, use, regulation, and protection of water resources. The following should attend:
- Attorneys
- Government Officials
- Engineers
- Regulators
- Energy Companies
- Water Management Specialists
- Real Estate Developers
- Landmen
- Paralegals
Speakers
Speaker bio
Katherine J. Duncan
is an attorney at Brownstein Hyatt Farber Schreck, LLP. She brings public sector experience and deep knowledge of environmental law and policy to her natural resources practice. Ms. Duncan has specific insight into interstate water compacts, civil trial procedure and land use issues. Prior to Brownstein, she was an assistant attorney general in Colorado focused on legal issues related to Colorado River law and policy. Ms. Duncan also served as a law clerk to U.S. District Court Judge William Martinez in Denver and worked as an associate in Washington D.C., where she represented manufacturers, construction companies, industry associations and chemical companies in federal and state litigation and arbitration.
Speaker bio
Leila C. Behnampour
is senior counsel for the City of Boulder, Colorado. She brings over a decade of experience in litigation and transactions involving water law, administrative law, real property, and local government law. Ms. Behnampour's clients have ranged from municipalities and special districts, to ditch companies, non-profit entities, private companies, and individuals. With an emphasis on collaborative solutions to complex water rights disputes, she helps clients navigate water court and Colorado state agency processes, including designated basin proceedings. In addition, Ms.Behnampour has helped numerous clients with water rights due diligence reviews and water acquisitions. She received her B.A. from Whitman College and her J.D. from Lewis & Clark Law School. Ms. Behnampour is admitted to practice law in Colorado.
Speaker bio
Steven O. Sims
is a shareholder at Brownstein Hyatt Farber Schreck, LLP. He is a leading western water law attorney with a focus on water court litigation, water acquisition strategy and water transactions in the west. He brings four decades of experience representing municipal utilities, industrial and mining projects, oil and gas developments and real estate developments in water adjudications and permitting. Mr. Sims represents clients in the Colorado Water courts as well as before the State Engineer and Groundwater Commission and the Boards of County Commissioners concerning 1041 permitting. He received his B.A. from the University of Colorado and his J.D. from University of Puget Sound School of Law. Mr. Sims is a Member of the Colorado Water Congress State Affairs and is Executive Council of the Colorado Bar Association - Water Law Section. He is admitted to practice law in Colorado, New Mexico, and before the U.S. District Court, District of Colorado, U.S. Supreme Court, U.S. Court of Appeals, Ninth Circuit, U.S. Court of Appeals, Tenth Circuit, and U.S. District Court, District of New Mexico.
Speaker bio
Devon Bell
is a senior associate at Beatty & Wozniak, P.C., representing energy clients in a full range of oil and gas and natural resource development disputes. He regularly appears before state and federal courts, as well as regulatory bodies at all levels of government. Mr. Bell also has experience in environmental law, including the Clean Water Act. Before joining Beatty & Wozniak's team, he gained a broad range of litigation experience at various well-regarded defense firms in Denver. He handled civil, tort, construction defect, and workers' compensation cases for clients, gaining critical courtroom experience, including jury selection, hearings, and trials. Mr. Bell received his B.A. from the Colorado State University, where he was on the Dean's List, and his J.D. from the University of Denver Sturm College of Law. He is a member of the Colorado Bar Association, Colorado Bar Association - Water Law Section, Denver Bar Association, and Colorado Defense Lawyers Association. Mr. Bell is admitted to practice law in Colorado and New Mexico, and before the U.S. District Court District of Colorado and U.S. District Court District of New Mexico.
Speaker bio
Scott A. Clark
is an attorney at Clark Hill PLC. He represents clients on a wide range of environmental and natural resources issues, including CERCLA, RCRA, Clean Water Act, Clean Air Act, NEPA and ESA matters, Brownfields, remediation, hazardous waste, real estate transactions, litigation, permitting, petroleum storage tanks, regulatory compliance, enforcement proceedings and regulatory rule making proceedings. Mr. Clark's practice also includes water rights, real estate, mineral leasing and land use proceedings. He frequently speaks at seminars and workshops on environmental liability, environmental issues in real estate transactions and water rights. Mr. Clark has been an adjunct professor of environmental law at the Colorado School of Mines. He is also a contributing author to the treatise Environmental Regulation of Colorado Real Property, published by Continuing Legal Education in Colorado, Inc. Mr. Clark devotes time to several professional and charitable organizations, including the Environmental Law Section of the Colorado Bar Association, of which he has served as the chair, Colorado Environmental Management Society, for which he has served as president, the Colorado Brownfields Foundation, for which he has served on the Board of Directors, and Habitat for Humanity of Metro Denver, for which he has served as President. He earned his B.A. degree from DePauw University and his J.D. degree from the University of Denver Sturm College of Law. Mr. Clark is admitted to practice law in Colorado and before the U.S. District Ct., District of Colorado, U.S. Court of Appeals, 10th Circuit, Supreme Court of Colorado, and U.S. Court of Appeals, District of Colorado Circuit.
Speaker bio
Andrea A. Kehrl
is of counsel at Lyons Gaddis, P.C. She represents a variety of clients, such as local governments, water authorities, special districts, private individuals, and other entities, in all water rights matters, including litigation, transactional work, and well permitting. Ms. Kehrl earned her B.A. degree, summa cum laude, from the University of Georgia and her J.D. degree from the University of Colorado. She is admitted to practice law in Colorado.
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