NSW Law Interviewed by the Colorado Sun
One of NSW Law’s managing partners, Bill Wombacher, was recently interviewed by the Colorado Sun in connection with an article about “What to ask your real estate agent about water in Colorado.” The attorneys at NSW Law frequently assist clients with water rights issues that arise during real estate transactions. The information in the linked article is highly relevant as water rights law is very nuanced and current and prospective property owners are often unaware of the laws and obligations associated with the ownership and transfer of water rights. It is especially important for parties who are looking to purchase property with water rights to understand the rights and responsibilities associated with the ownership of water rights. Water rights are limited to specific diversion amounts, uses, and places of use, so it is important for a prospective buyer to understand the limitations that pertain to the water rights and the options for changing those rights to other uses. Likewise, many real estate agents and title companies are unfamiliar with the details of water rights laws, which makes it very important to hire an attorney to assist with real estate transactions where water rights are at play. In general, it is much easier to address water rights issues during the due diligence period of a real estate transaction than it is to resolve issues discovered after closing.
The Water Rights Resources section of the NSW Law website provides information and tutorials for folks looking to research water rights on their own. Specifically, you can find published information about how to: (1) find water court decrees for water rights, (2) how to determine if there are water rights located on a property, (3) how to locate well permits, (4) title issues that can occur from a transfer of water rights, and (5) information about the process for changing a water right to add new uses. While these resources are a good starting point, if you have specific questions concerning a pending real estate transaction or need help drafting deeds or resolving water rights issues, the attorneys at NSW are eager to assist.