Water Rights Attorneys in Colorado

Expert Water Rights Representation Across Colorado

Colorado Water Rights Legal Services

- Water Rights Litigation & Defense - Water Court Representation - Rights Purchases & Sales - Well Permits & Adjudication - Water Rights Planning - Water System Development - Land Use Permitting Support -Water Right Legislation Representation

Water Rights Attorneys Serving Colorado

Colorado Municipalities, Colorado water districts, Colorado mining companies, Colorado irrigation districts and companies,Colorado land developers and land owners.

Colorado Water Law for Non-Lawyers

Basic Rights Explained - Common Questions - Process Overview - When to Seek Counsel - And More

Our Colorado Water Rights Attorneys Near You:

Denver & Colorado Water Rights Office

Nazarenus Stack & Wombacher
5105 DTC Parkway
Suite 200
Greenwood Village, CO 80111
Telephone: (720) 647-5661

Whether your located in a major city, a rural property, or on the east or west slope, NSW’s attorneys offer statewide water law coverage.

Colorado Water Law - Nazarenus Stack & Wombacher - Case Studies

Colorado Water Law Multi-Party Disputes

Water Division 1, Consolidated Case Nos. 16CW3195/3196 (56 opposing parties)

                In Consolidated Case Nos. 16CW3195/3196, NSW Law filed a joint Water Court Application on behalf of two municipal water suppliers. This complex Application included claims for new conditional water storage rights, conditional water diversions from the South Platte River, conditional water rights for recharge ponds, water right exchanges on the South Platte River, Cache la Poudre River, and Beebe Canal, and changes of water rights. The Application was opposed by 56 parties, including nearly all major water providers in the Denver Metro area and many ditch companies on the South Platte and Cache la Poudre Rivers. Because of the complexity of the case and the level of opposition, it was scheduled for a 20-day trial.

                NSW Law attorneys not only had to work through complex technical issues, but also had to defend its clients against a series of motions on legal issues – the purpose of which was to attack the terms and conditions of six prior changes of water rights decrees that NSW Law adjudicated on behalf of its clients almost a decade prior. NSW successfully defended its clients against these attacks and successfully resolved all technical issues. The result was that NSW Law reached settlements with all 56 opposing parties and the Water Court granted NSW Law’s clients decrees for the water rights and changes of water rights sought in their Application.

                This success was a testament to NSW Law’s expertise in working closely with its engineering consultants to understand and resolve highly technical operational and engineering issues while still achieving a result that permitted its clients to obtain the water rights they sought. Managing opposition from 56 opposing parties is no small feat. NSW Law also displayed its legal experience and proficiency in protecting its clients from the nuanced legal issues raised by opposing parties. NSW Law has a wealth of experience adjudicating very complicated Water Court cases, even in the face of enormous opposition, and prides itself on its ability to achieve results in such complex cases.

 Water Division 1, Case No. 16CW3200 (22 opposing parties)

                In Case No. 16CW3200, NSW Law filed a Water Court Application for the change of water rights for shares in the Western Mutual Ditch (“Western”) owned by two of its municipal water clients. This Application sought to change the use of shares in Western from irrigation to use as a replacement supply in the clients’ plans for augmentation. This case represented the first change of use in Western Mutual Ditch and, as a result, attracted opposition from 22 parties.

                In addition to the unique technical issues that arose because this case represented the first change of use within Western, opposers raised a legal issue of first impression that ultimately forced the case to go to trial. Specifically, some opposers argued that the final decree should include a “turn back” provision, which is a requirement that the ditch company stop diverting a certain portion of their water right once NSW Law’s clients had reached certain water delivery limits. While “turn back” provisions had been a source of debate for more than a decade prior to this case, the issue had never been litigated. NSW Law’s clients were in a position where they were indifferent to whether or not their decree included a “turn back” provision, but certain opposers and Western had very strong views on the issue. This put NSW Law in a unique position where it was forced to defend its clients against a fight between two factions of opposers; one advocating for a turn back provision and the other seeking to prohibit a turn back provision.

                As a result of the fight over the turn back issue, NSW Law’s attorneys defended its clients’ water rights in a 7-day trial that resulted in the Water Court requiring a turn back provision in the final decree. While NSW Law was less concerned about the final resolution of the turn back issue, they nonetheless needed to defend their clients’ water rights to ensure that they could be changed to the new uses requested in their Application. The result was that NSW Law’s clients successfully obtained a Water Court change decree for its clients’ Western Shares.

                The result of this case is a testament to the expertise that the attorneys at NSW Law have in Water Court trials and in navigating new and unique legal issues concerning water rights.

Water Division 1, Case No. 20CW3117 (25 opposing parties)

                In Case No. 20CW3117, NSW Law filed a Water Court Application for the change of water rights for shares in the Fort Morgan Reservoir and Irrigation Company (“Fort Morgan”) owned by two of its municipal water clients. The Application sought to change the use of shares in Fort Morgan from irrigation to use as a replacement supply in the clients’ plans for augmentation. This case was the first change of use in Fort Morgan Canal and, as a result, attracted opposition for 25 parties.

                The primary issue in this case was a dispute over the study period used to calculate the historical use of the Fort Morgan shares. This was an important issue because the historical use of a water right defines the amount of water available to be changed to new uses. Complicating this issue was the fact that there had been significant changes in law that impacted the historical operations of the Fort Morgan Canal. Specifically, there was a period of time before Colorado adopted laws that recognized the connection between groundwater and surface water where many shareholders in Fort Morgan were using wells to withdraw their shares instead of diverting from the South Platte River. The fundamental question was how to best address this unique history in identifying the appropriate study period for quantifying the historical uses of NSW Law’s clients’ shares.

                The attorneys at NSW Law participated in a 5-day trial with 8 of the original 25 opposers on this unique issue. The result was a resounding victory for NSW Law and its clients, with the Water Court agreeing with the study period proposed by NSW Law. As a result, NSW Law’s clients received a Water Court decree that changed their Fort Morgan shares as they had proposed in their Application. NSW Law’s trial experience was once again on display in this case. Additionally, NSW Law’s attorneys showed their expertise in resolving new and complex issues of first impression.

Opposition in Colorado Water Law

                In addition to adjudicating complex Water Court applications on behalf of its clients, the attorneys at NSW Law file statements of opposition to Water Court applications filed by others. The purpose of opposition is to protect clients’ existing water rights and ensure that the applications filed by others are adjudicated in compliance with current water laws and are operated consistent with the prior appropriation system. At any given time, the attorneys at NSW Law are participating in dozens of Water Court cases throughout Colorado as opposers. In this role, NSW Law works closely with clients and their engineering consultants to evaluate the potential impacts of an application and to negotiate decree terms and conditions to ensure that the clients’ water rights are protected. Any party with valuable water rights should be actively monitoring the Water Court resumes that are published monthly and participating in any Water Court case that could negatively impact their water rights.

                NSW Law’s active participation as an opposer in Water Court also gives its attorneys exposure to emerging engineering and legal trends in Water Court practice. This assists NSW Law in drafting Water Court applications for its clients and participating at the Colorado Capitol on legislative issues. Understanding how water law in Colorado is evolving is crucial to the ability to NSW Law’s attorneys to vigorously represent its clients throughout the State. 

Colorado Real Estate Transactions

                The attorneys at NSW Law regularly assist clients in buying or selling real estate that includes water rights. These transactions range from $10+ million properties that will become new developments to small residential properties that receive water from a well. No transaction is too big or too small. Having legal representation during a real estate transaction is crucial for (1) ensuring that the water rights being bought or sold are in compliance with current water laws, (2) understanding the rights and responsibilities that come with the ownership of water rights, (3) identifying and resolving any questions concerning title to water rights, and (4) ensuring that any water rights are properly transferred at closing.

Bill Wombacher gives presentations to real estate brokerages and associations throughout Colorado on water rights laws and the importance of water rights diligence. If you are interested in such a presentation please reach out to Bill.

Below are examples of some real estate transactions that NSW Law attorneys have assisted with.

Study 1

  Evaluation and acquisition of more than 4,000 acres of land spread across several parcels and transactions to be developed into a golf course and residential development. These transactions involved water rights in several irrigation ditches, ponds, and an existing plan for augmentation. NSW Law performed diligence on the water rights in question to ensure that they could meet the needs of the proposed development and continues to work with the developer to incorporate the water rights into their vision for the property.

Study 2

The acquisition of 35 acres of land and water rights on the Colorado Western Slope for an affordable housing development. NSW Law continues to work with the developer to convert the water rights into a water supply for this new development and to work with the local water district.

Study 3

The acquisition of multiple 100+ acre parcels in the Colorado Front Range to be subdivided and converted into large lot residences. NSW Law performed diligence for these transactions, adjudicated Denver Basin aquifer water rights for these properties, drafted easements and covenants to support the development, and continues to assist the developer on water rights issues as the property is subdivided and sold to individuals for the construction of homes.

Study 4

The purchase and sale of numerous 10 – 40+ acre lots that rely on Denver Basin aquifers for their water supply. NSW Law assists in adjudicating Denver Basin groundwater rights for these properties and ensuring that the rights are properly transferred at closing. NSW Law has also assisted in resolving title issues and navigating the land use process as it pertains to the water supplies required for new developments, subdivisions, and the acquisition of building permits.

Colorado Legislation

                The attorneys at NSW Law are experienced in working with elected officials and lobbyists, and in building coalitions to influence Colorado State legislation that impacts water rights. They participate in Colorado Water Congress and frequently testify at committees at the Colorado State Capitol concerning pending legislation. Through many years of working in this area, the attorneys at NSW Law have built relationships with other water users, lobbyists, and elected officials that give them unique expertise in this area and have allowed them to successfully represent their clients on policy and legislative issues. Below are examples of legislative bills that the attorneys at NSW Law have influenced in order to protect their clients’ water rights and water utility infrastructure.

Colorado House Bill 24-1379 (Concerning the Regulation of State Waters in Response to Recent Federal Court Action, and In Connection Therewith, Making an Appropriation). NSW Law worked with a team of lobbyists and a coalition of other interested parties to revise this bill to ensure that the repair, maintenance, and construction of crucial water infrastructure was largely exempted from the requirements of this bill.

Colorado Senate Bill 23-270 (Concerning Activities that Restore the Environmental Health of Natural Stream Systems Without Administration). As originally drafted, this bill would have allow stream restoration projects to cause considerable water depletions without the need for a water right. The effect would have been to take water away from existing water rights with no mechanism for compensation. NSW Law led a team of water providers to revise this bill so that it does not permit water depletions without a court-approved water right. While NSW Law’s clients support stream restoration activities, these activities must be accomplished consistent with current water laws and in a way that respects existing water rights.

Colorado House Bill 21-1046 (Concerning the Use of A Water Right Obtained Through a Mutual Ditch Corporation). NSW Law was actively engaged in this bill to ensure that the clarifications made regarding the use of water rights from mutual ditch companies did not injure water rights owned by their clients in such ditch companies and did not create new barriers to changing such rights to new uses. NSW Law participated in stakeholder meetings and individually with elected officials, and our involvement was crucial to the language that was included in the final bill.

Colorado House Bill 20-1037 (Concerning the CWCB’s Authority of Augmentation Stream Flows with Acquired Water Rights). NSW Law attorneys drafted the portion of this bill that appears in C.R.S. 37-92-102(4.5)(b)(VI) to ensure that existing water rights are protected from the impacts of this bill. While NSW Law and its clients support efforts to improve environmental flows, such changes in law must be done in a manner that respects and protects existing water rights.

Colorado Senate Bill 18-170 (Concerning the Protection of Water Releases from Reservoirs for Fish and Wildlife Mitigation). NSW Law participated in many hours of stakeholder meetings on this bill and negotiated revisions to ensure that the operation of mitigation releases was done in a manner that protected existing water rights.