CO Specific

Environmental Law

Water Rights in Colorado

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
New Mexico CLE Approved 6 Total
OnDemand
6 hours
William Fronczak
Martha Whitmore
Katherine Duncan
With William H. Fronczak from Leonard Rice Engineers, Inc. + 2 others
Recorded November 05, 2024
Product ID 99179

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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.
  • Overcome ethical challenges of representing more than one client in a river system.

Abbreviated Agenda

  1. Prior Appropriation Water Law Made Simple
  2. Handling Water Rights Disputes: Adjudication Procedures and Litigation Tips
  3. Ethics and Water Law
  4. Legislation, Regulation, and Case Law Update
  5. Water Rights Evaluations
  6. Handling the Application, Lease, Transfer, and Sale of Water Rights

Related Topics

Product ID 99179

Credit Details

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
New Mexico CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Prior Appropriation Water Law Made Simple

    1. Water Law Fundamentals - A Brief Overview
    2. Determination/Allocation of Water Rights
    3. Water Law Terminology for Attorneys
    4. Overview of the Administrative System
    5. Visual Aids of State Water Bodies, Rivers, and Streams - What Water is Being Disputed and Why

  2. Handling Water Rights Disputes: Adjudication Procedures and Litigation Tips

    1. The Adjudication Process
    2. Ownership Disputes
    3. Condemnation Disputes
    4. Lease Disputes
    5. Opposing an Application for New Water Rights
    6. Modification Disputes
    7. Easement Disputes

  3. Ethics and Water Law

    1. Multiparty Representation and Ethical Challenges
    2. Compliance Issues, Risks, and Ethics
    3. Replacement Plans and Reclamation: Avoiding Ethical Pitfalls

  4. Legislation, Regulation, and Case Law Update

    1. State and Local Water Law Update
    2. Federal Legislation and Regulations
    3. Federal, State, and Local Regulations and Compliance Update
    4. Recent Case Law

  5. Water Rights Evaluations

    1. Determining Validity/Ownership and Due Diligence Reviews
    2. Title and Survey Reviews
    3. Inspections
    4. Expert Witness Tips - Consulting with a Water Resources Engineer and Other Water Experts
    5. Applying Hydrology, Groundwater Modeling, and Nanotechnology to Litigation Strategies
    6. Proving How Much Was Used, How Much They Need to Use, and When They Started Using it
    7. Determining Future Supply

  6. Handling the Application, Lease, Transfer, and Sale of Water Rights

    1. Applying for Water Rights - From Basic to Complex
    2. Leases
    3. Modifications
    4. Exchanges
    5. Transfers
    6. Purchase/Sale of Water Rights
    7. Negotiating and Drafting Agreements

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

William H Fronczak
William H.
Fronczak
Leonard Rice Engineers, Inc.
Martha Whitmore
Martha
Whitmore
Hockersmith & Whitmore, LLC
Katherine J Duncan
Katherine J.
Duncan
Brownstein Hyatt Farber Schreck, LLP
Speaker bio
William H Fronczak

William H. Fronczak

Leonard Rice Engineers, Inc.
William Fronczak

has over 30 years of experience in all things related to water - engineering, law, regulatory and management. Presently, Mr. Fronczak is the vice president risk management within within Leonard Rice Engineers, Inc. (LRE), wherein he is tasked to provide strategic leadership to the company to successfully develop engineered water solutions for industrial clients and to grow the industrial water practice. Mr. Fronczak has previous business development experience in engineered water solutions for the oil and gas industry at MWH Global, Inc. and Select Energy Services, LLC. His business development experience in engineered water solutions is bolstered by his work as an attorney with Perkins Coie, LLP (Colorado) and McGuireWoods and Morris, Manning and Martin (Georgia) in the areas of water, environmental and mineral law. Mr. Fronczak's 25+ years of water experience also involves seven years as the chief of water supply for the State of Colorado Division of Water Resources and six years as an environmental engineering consultant. He extensively writes and frequently lectures on water issues across the country, including for the National Business Institute, the Colorado Bar Association, the Institute of Continuing Legal Education, and the American Bar Association. Mr. Fronczak earned his B.S. and M.S. degrees in chemical engineering and environmental engineering from the Colorado School of Mines, and his J.D. degree from the University of Denver. He is licensed to practice law and is a licensed professional engineer in Colorado and Georgia.

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Speaker bio
Martha Whitmore

Martha Whitmore

Hockersmith & Whitmore, LLC
Martha Whitmore

is county attorney with Montrose County, Colorado, where her practice areas are primarily in water, environmental permitting and compliance, public lands, and natural resources law. Her experience includes representation of municipal water providers and other water users on both sides of the Continental Divide. Ms. Whitmore represents Ouray County on the Gunnison Basin Round Table, is co-chair of the Club 20 Water Committee, and is the Ouray County Board Member on the Colorado River Water Conservation District Board. Her water experience has included representation of municipalities, special districts, irrigators, mining companies, brewing company, ski area and land developers. Ms. Whitmore has planned and developed water supplies using ground water, non-tributary water, developed water, and surface stream water. She has appeared in Colorado Water Divisions 1, 2, 4, 5, 6, and 7 in new water rights appropriations, changes of water rights, and diligence applications. She has also represented clients in negotiating and acquiring water rights in purchase and lease transactions. In addition, Ms. Whitmore has represented clients in water quality matters, including obtaining or renewing discharge permits, compliance matters, and rule making hearings. She has served as chief deputy attorney general for the state of Colorado under Attorney General Gale Norton; as general counsel to the U.S. Senate Committee on Commerce, Science and Transportation during the chairmanship of Senator John McCain; and as an appointee in the George W. Bush Administration, working for Secretary Gale Norton as special assistant to the secretary of the interior, and chairing the Everglades Restoration Task Force. Ms. Whitmore earned her B.A. degree from the University of Denver and her J.D. degree from the University of Denver.

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Speaker bio
Katherine J Duncan

Katherine J. Duncan

Brownstein Hyatt Farber Schreck, LLP
Katherine 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.

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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.
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