Live Seminar

Water Rights in Colorado

Seminar

Date:

Thursday, May 03, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78953ER

Location:

Holiday Inn Denver-Cherry Creek

455 South Colorado Boulevard

Denver, CO 80246

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • CO CLE - 7.00

Other

  • AAPL - 6.00
  • AICP - 6.00
  • IACET - 0.60
  • Real Estate - 7.00

Program Description

Get the Tools You Need to Successfully Tackle Challenging Water Law Cases

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.

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

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

American Association of Professional Landmen – AAPL: 6.00 *

American Institute of Certified Planners – AICP: 6.00

Continuing Legal Education – CLE: 7.00 *

International Association for Continuing Education Training – IACET: 0.60

Real Estate – Real Estate: 7.00


* denotes specialty credits

Agenda / Content Covered

  1. PRIOR APPROPRIATION WATER LAW MADE SIMPLE
    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
  2. LEGISLATION, REGULATION AND CASE LAW UPDATE
    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
  3. WATER RIGHTS EVALUATIONS
    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
  4. ETHICS AND WATER LAW
    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
  5. HANDLING THE APPLICATION, LEASE, TRANSFER AND SALE OF WATER RIGHTS
    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
  6. HANDLING WATER RIGHTS DISPUTES: ADJUDICATION PROCEDURES AND LITIGATION TIPS
    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.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

American Association of Professional Landmen

N LM: 6.00 Includes - Ethics: 1.00
This program may qualify for CPL/RPL credits. Please contact the American Association of Professional Landmen (AAPL) at 817-847-7700 for more information.


American Institute of Certified Planners

N AICP: 6.00
This activity has been approved by American Institute of Certified Planners for 6.0 CM credits, including 1.5 law credits. 100% attendance is required to receive CM credit.


Continuing Legal Education

CO CLE: 7.00 Includes - Ethics: 1.20
This program has been accredited for 7.0 hours of General Colorado Continuing Legal Education Credit, including 1.2 ethics credit.


International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendees should be able to: 1. State two tips for making the adjudication process easier. 2. List two recent court rulings regarding water law. 3. Describe how to apply hydrology to litigation. 4. Restate how to overcome ethical challenges of representing more than one client in a river system. 5. State two tips for handling water right transfers. 6. List two litigation strategies for tackling ownership disputes.

Real Estate

CO RE: 7.00
The Colorado Division of Real Estate does not approve or accredit continuing education activities for the real estate requirement. This activity may qualify for up to 7.0 hours toward your real estate requirement for the State of Colorado.


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