Nazarenus Stack & Wombacher
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Water Rights Resources

Water law is complex, nuanced, and can be difficult to understand. We delve into common water law concepts and provide tutorials that describe how it use publicly available tools to learn more about water rights. To this end, below are a series of articles that are designed to help parties develop a general understanding of some of the basic principles of water law. The information provided below is for educational purposes only and if you have specific questions about your water rights, please contact the attorneys at Nazarenus Stack & Wombacher for legal advice. Use of this information is explicitly subject the website disclaimer available at this link https://www.nswlaw.com/disclaimer

What is a water attorney?

The term ‘water attorney’ can mean different things to different people. However, this term typically refers to either: (1) a water rights attorney who practices law regarding the right to divert and beneficially use water; or (2) a water quality attorney who specializes in issues related to the Clean Water Act and permits regarding the discharge of wastewater or stormwater. Some water attorneys practice both water rights and water quality law, but some may specialize in one or the other. In Colorado, water rights are real property rights based in the Prior Appropriation System, often referred to as “first in time, first in right.” The work of a water right attorney involves helping clients acquire, defend, transfer, and adjudicate the right to divert and beneficially use water. In Colorado, water rights are created by seven specialized Water Courts based on very nuanced rules which are designed to ensure that new water rights do not cause injury to existing water rights. The water court process typically includes filing an application, receiving statements of opposition, appearing before a water referee, exchanging comments and engineering analyzes, filing expert disclosures, hosting experts’ meetings, and, when necessary, preparing for trial to prove “non-injury.” Water attorneys also assist clients with the purchase and sale of water rights and may advise clients on regulatory compliance, permitting, planning, and various aspects of environmental law. The water attorneys at NSW regularly appear in Water Court to seek new water rights or protect their clients’ existing water rights from injury, assist with the purchase and sale of water rights, draft agreements concerning the use of water rights, perform title research related to water rights, assist with well permitting, advise clients concerning the creation of new water supply systems and the associated water rights, assist clients with pipeline or ditch easement disputes, talk with staff and attorneys at the Division of Water Resources concerning state water compliance issues, and testify at the Colorado State Capitol on water policy issues and pending legislation.

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