Areas of Practice
WATER RIGHTS Adjudication and Defense
In Colorado, water rights can only be created by Water Courts. Nazarenus Stack & Wombacher attorneys have extensive experience throughout Colorado in obtaining new water rights and protecting existing water rights. The cost and complexity of these cases can vary dramatically depending on opposition from other parties and local conditions. Our attorneys are experts at navigating the Water Court process.
Real Estate Transaction support
Water rights can be a valuable and important component of a real estate transaction. Nazarenus Stack & Wombacher provides transactional support including water rights diligence, title research, deed drafting, and water rights problem solving. Water rights issues are commonly discovered when performing diligence and it is easier to resolve such issues before a transaction closes. The firm’s attorneys take pride in providing actionable diligence advice while seeking creative solutions to facilitate a successful closing.
WELL PERMITTING
All wells drilled in Colorado require a well permit issued by the Colorado Department of Water Resources. The firm’s attorneys provide assistance in navigating this process.
Plans for augmentation and exchanges
Complex water issues can require complex and creative solutions. Plans for augmentation and exchanges are prime examples of important water rights tools to ensure the reliable and efficient operation of a party’s water rights portfolio. The firm’s attorneys frequently represent clients in developing and adjudicating augmentation plans and exchanges.
Water quality permitting
The firm’s attorney advise clients on permitting, compliance, and enforcement issues related to stormwater, surface water, and construction activity discharges, including but not limited to CDPS General Permits for Stormwater Discharges Associated with MS4s, CDPS General Permits for Storm Water Discharges Associated with Construction Activity, NPDES Permits for Surface Water Discharges, the Colorado Water Quality Control Division Regulations, and the Clean Water Act.
WATER rights litigation
Nazarenus Stack & Wombacher attorneys have been involved in some of the most complex water rights litigation in Colorado. From representing clients in trial before Water Courts across the state to appeals to the Colorado Supreme Court, the firm’s attorneys have the experience, expertise, and resources to represent clients in litigation big and small. At the same time, the firm’s attorneys are sensitive to the costs of litigation and actively pursue settlement when appropriate and advantageous.
Water Planning
The attorneys at Nazarenus Stack & Wombacher represent multiple water districts that are in the process of long-term water development projects. Given this expertise, the firm’s attorneys can provide valuable guidance to parties undertaking major water development and water planning efforts. The firm also has a robust network of hydrologists, ground water experts, and water rights engineers with whom we partner with to develop plans for long-term and sustainable water supplies.
Indian Reserved WAter Rights
The firm has experience negotiating Indian reserved water rights, including successfully resolving through a historic settlement a Southwestern water dispute between a municipality, state, and multiple tribes.
Administrative disputes
Water rights administration refers to the Colorado State and Division Engineers’ responsibility to ensure that water rights are operated in compliance with the prior appropriation system, state law, and the terms of Water Court decrees. Administrative decisions or policy changes can have detrimental impacts on some parties’ water rights. The firm’s attorneys have decades of experience in working with state officials to address administrative disputes.
Changes of water rights
Each water right is restricted to specific use(s), point(s) of diversion, and place(s) of use. These attributes can be changed in Water Court through a change of water rights proceeding. Changes of water rights preserve the priority date of the original water right while allowing the use to evolve to meet modern demands. The attorneys at Nazarenus Stack & Wombacher have extensive experience navigating this complex process. In fact, the firm’s attorneys specialize in complex change of water rights cases that frequently involve up to 50 opposing parties.
Water Rights Legislation
Water law is constantly evolving through court-created precedent as well as changes to existing statute. The firm’s attorneys are actively involved in the legislative process in Colorado and have experience representing clients in all aspects of the legislative process including drafting proposed legislation and amendments to pending legislation, testifying before legislative committees, and participating in stakeholder processes.
APpeals
The firm’s attorneys handle all their own appeals, ranging from trial courts’ judicial review of administrative actions to review of Water Court trials by the Colorado Supreme Court. Nazarenus Stack & Wombacher attorneys have the experience and versatility to adapt strategies and arguments to the appellate level.
Endangered Species Act Litigation
Occasionally, water rights disputes transform into battlegrounds over endangered species. Nazarenus Stack & Wombacher attorneys have experience preventing and, when necessary, litigating claims under the Endangered Species Act. The firm’s attorneys, in partnership with its network of consulting engineers, can help water rights applicants navigated the complex requirement of the U.S. Army Corps of Engineers and Fish and Wildlife Service if an endangered species issue arises.