Brian Nazarenus - NAZARENUS STACK & WOMBACHER

For more than 30 years, Brian's practice has focused almost exclusively on helping water users find, secure and defend their water rights in Colorado and the Western U.S. His clients include municipalities, water and wastewater sanitation districts, mines, golf course developers, energy companies and various commercial facilities. Brian serves as a trusted advisor, providing strategic guidance on long-term water planning and water rights projects.

In Colorado, his experience includes the adjudication of surface and underground water rights, the development and adjudication of augmentation plans, water rights transfers, and exchange cases. Brian has also litigated and negotiated settlements regarding complex tribal water claims and represented clients in state permit proceedings in other Western States.

Water Rights in Colorado. Brian has handled substantial water rights litigation involving both trial and appellate matters before the Colorado Supreme Court, the Colorado Court of Appeals, the Colorado Water Courts, and the Colorado State Engineer.

His representative water rights work in Colorado includes:

• Serving as lead counsel in the adjudication of water rights for several Colorado power plants.

• Serving as lead counsel in the adjudication of complex water rights systems for large mining operations in Colorado.

• Serving as lead counsel in the adjudication of municipal water supplies for major Denver suburbs.

Water Rights in Other Western States. Brian also represents clients in other western states in major water rights litigation, including litigation in federal court regarding Tribal Water Rights. In addition to appearing before federal district courts, he has argued appeals regarding water rights matters to the Tenth Circuit Court of Appeals.

Brian's representative water rights work in other Western states includes:

• Litigation regarding Tribal Water Rights in Oklahoma, resulting in an historic water rights settlement that was enacted in federal legislation.

• Multiple complex matters, including litigation in federal court and related settlements, involving Bureau of Reclamation and Corps of Engineers projects.

• Federal court representation in actions against water projects based on the Endangered Species Act.

• Representing municipal clients in state administrative permit proceedings.

Business Transactions Involving Water Rights. Brian has substantial experience negotiating business transactions involving water rights, including the purchase and sale of water rights and related facilities as well as the negotiation of contracts governing long-term water rights operations.

Brian's transactional water rights experience includes:

• Negotiating multi-party transactions involving the purchase and sale of reservoirs.

• Negotiating and due diligence involving agricultural water rights purchases.

• Negotiating and drafting complex water pipeline and storage agreements.

Permitting & Compliance in the Mining Context. Brian has helped hard-rock mining companies obtain reclamation permits from the Colorado Mined Land Reclamation Board and land use and permitting authorizations from local county governments.

Endangered Species Act. Brian has represented municipal water developers in federal court and before federal agencies in matters involving the development of water projects and the Endangered Species Act, including Section 7 consultation and Section 9 compliance issues.

Regulatory Leadership. Brian served as a member of the Colorado Water Quality Control Commission from 1999 to 2008, including as the Commission's Chair from 2006-2007.

Education

UNIVERSITY OF COLORADO
Juris Doctor, 1987

UNIVERSITY OF COLORADO
B.A., History, 1980

Bar Admissions

• Colorado (1987)

• Wyoming (1994)

• Oklahoma (2012)