Water

Our attorneys have several decades of experience with water right and water supply acquisition, adjudication, and permitting, as well as right of way acquisition and protection for pipelines, reservoirs, treatment plants, roads, and other infrastructure needed for industrial, municipal, agricultural, and recreational uses.  We regularly help clients to purchase, sell, and lease such supplies, and advocate in judicial and administrative proceedings to help clients use and protect those supplies.  Our representation also frequently involves negotiating and litigating to acquire and protect rights of way for water and other infrastructure projects on federal, state and private lands.

Permitting/Regulatory Compliance

We have significant experience assisting clients to navigate complex federal, state and local government permitting and regulatory programs related to water uses on or across public and private lands for mining, municipal, livestock feeding, industrial, recreational, and real estate development purposes.  Projects have ranged broadly from developing new water supplies and facilities to acquiring and protecting existing supplies and facilities, either to continue an authorized use of water or to add new needed uses.  Our work has also involved rights of way for water supply facilities located on land administered by the Forest Service and Bureau of Land Management, and water quality regulation.

Transactions

Our lawyers collectively have helped clients buy, sell and lease water supplies for over twenty-five years.  Such transactions have included leases of limited duration and amount as well as permanent transfers.  We perform pre-acquisition due diligence evaluations of supplies for buyers and lessees of water, and serve as transaction counsel or water rights counsel during and after the closing on the purchase.  We also negotiate successful acquisitions of rights of way for water supply and treatment facilities and infrastructure. 

Litigation

Our water experience regularly finds us in court or before administrative agencies seeking approvals or protections for water supplies and facilities, including reservoirs, pipelines and treatment plants.  Typical water rights actions have involved both new rights and the change of existing rights to meet client demands for water.  We also regularly litigate water-related contract and property cases, including eminent domain actions for needed infrastructure, and handle related appeals.