Audio CD + Course Book

Water Rights in Colorado

Audio CD + Course Book

Copyright Date:

May, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • CO CLE - 7.00
From Event: Water Rights in Colorado, held May 2018.

Program Description

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. Order today!

Course Content

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

Continuing Education Credit

Continuing Legal Education – CLE: 7.00 CO - Credit Approval Expiration 05/03/2020 *

* denotes specialty credits

Agenda / Content Covered

    9:00 - 10:00, Alan G. Hill
    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
    10:15 - 11:15, David S. Hayes
    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
    11:15 - 12:15, Karl F. Kumli III
    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
    1:15 - 2:15, Martha Whitmore
    1. Multiparty Representation and Ethical Challenges
    2. Compliance Issues, Risks and Ethics
    3. Replacement Plans and Reclamation: Avoiding Ethical Pitfalls
    2:15 - 3:15, William H. Fronczak
    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
    8. Augmentation Plans and Appeals
    3:30 - 4:30, Adam Davenport
    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

ADAM DAVENPORT is a general counsel attorney for Diamond T. Services. While in law school he served as a research assistant for professor Lawrence MacDonnell; this work culminated in the publication of The Law of Nature's Resources, a natural resources law textbook currently in print. Mr. Davenport is a member of the American Bar Association (Environment, Energy, and Resources Section), Colorado Bar Association (Water Law Section), and Weld County Bar Association. He is admitted to practice in Colorado. Mr. Davenport earned his B.B.A. degree, summa cum laude, from Mesa State College and his J.D. degree from the University of Wyoming College of Law.

WILLIAM H. FRONCZAK has over 25 years of experience in all things related to water - engineering, law, regulatory and management. Presently, Mr. Fronczak is the business development director for the industrial water group 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 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.

DAVID S. HAYES is a partner at Petros & White LLC, having been with the firm since 2001. His areas of practices include: water law, public lands, land use, and real property law. Mr. Hayes' clients include municipal and county governments, agricultural and ranching interests, ski areas, country clubs, private landowners, land developers, and mining companies. He assists clients in a broad range of water matters including: strategic planning, adjudications of water rights and related diligence, changes of water rights, augmentation and exchange plans, opposition to potentially injurious water rights, water rights administration issues, purchases and sales of water rights, and the permitting and construction of water facilities. Mr. Hayes also represents clients in a diverse spectrum of land use and real property matters including real property conveyances; conservation easements; and the negotiation, drafting, and enforcement of agreements, regulations, and legislation. Before joining Petros & White LLC, he worked as an assistant attorney general in the Natural Resources Section of the Colorado Attorney General’s Office, where he represented the state and Division Engineers, Colorado Groundwater Commission, Colorado Water Conservation Board, Division of Wildlife, and other state agencies in water court cases and administrative matters. Mr. Hayes was recognized as the Colorado Division of Water Resources, Water Unit Attorney of the Year in 2000. He is a member of the Colorado Bar Association (Water Law Section). Mr. Hayes has spoken extensively in the areas of surface water and ground water law. He earned his B.A. degree from the University of Colorado and his J.D. degree from the University of Denver College of Law, where he was a staff writer for the University of Denver Water Court Reporter.

ALAN G. HILL is a founding partner of Hill & Pollock, LLC, in Denver, Colorado. He has practiced law for more than 35 years, with his practice emphasizing water rights litigation and water rights development and protection, including acquisition and sale of water rights for a variety of long term clients. These clients include municipalities, special districts, developers, agricultural users, and individuals. Mr. Hill's extensive experience includes obtaining water court decrees in Colorado’s special water courts for direct flow and storage rights, rights of substitution and exchange, approval of plans for augmentation, and tributary and non-tributary groundwater rights. He is a member of the Colorado and Denver bar associations (Water and Environmental Law Sections); and has practiced before the water courts in all seven Colorado Water Divisions, the Colorado Court of Appeals and the Colorado Supreme Court. He received his undergraduate degree from Fort Lewis College in Durango, Colorado, where he currently serves on the Board of Trustees, and his Juris Doctorate degree from the University of Colorado School of Law.

KARL F. KUMLI III is a shareholder and director of the energy and water law practice group of the law firm of Dietze and Davis, P.C., where his practice is limited to public utility (electricity and natural gas matters) and water rights law. Mr. Kumli represents clients before courts and administrative agencies with jurisdiction over water or energy-related matters. His practice has expanded beyond Colorado to include energy clients throughout the Rocky Mountain region. His cases have ranged from genteel transactions to those which have been decidedly less so. He represents public and private entities. Mr. Kumli particularly enjoys working with water and energy clients to meet long-term resource challenges. He has been qualified as an expert witness in Colorado District Court and Water Court on issues involving integration of state water rights law with federal energy law. He served the Boulder County Bar Association as president in 2009-2010. He presently serves as Chair of the Colorado Bar Association's Section on Natural Resources and Energy Law. Mr. Kumli created and hosted the television program Law & Justice, which presented diverse legal topics to the general public. He is a member of the Courts of the Jicarilla Apache Nation of New Mexico. He is a regular lecturer to law school classes, continuing legal education classes, trade associations, and technical conferences. A graduate of Stanford University, Mr. Kumli holds his law degree from University of the Pacific.

MARTHA WHITMORE has practiced law in Colorado since 1978, primarily in water, environmental permitting and compliance, public lands, and natural resources. Her experience include representation of municipal water providers and other water users on both sides of the Continental Divide. She is currently the County Attorney for Montrose County, Colorado, 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. Ms. Whitmore’s water experience has included representation of municipalities, special districts, irrigators, mining companies, brewing company, ski area and land developers. She 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. Ms. Whitmore has also represented clients in negotiating and acquiring water rights in purchase and lease transactions. In addition, she 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 undergraduate and her J.D. degrees from the University of Denver.

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Phone: 866-240-1890


Accreditation Details:

Continuing Legal Education

CO CLE: 7.00 Credit Approval Exp
Includes - Ethics: 1.20
This program may qualify for up to 7.0 hours of self-study general Colorado Continuing Legal Education Credit, including 1.20 ethics credit.

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How To Order

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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702