Colorado Water Law

In Colorado, there are three basic principles of water law: (1) the prior appropriation system; (2) the uses of water, including the place of use of water, may be changed; and (3) water rights in Colorado are subject to protection and administration through well-evolved constitutional, statutory, judicial, and administrative principles, decisions and practices. The practice of Colorado water law involves finding solutions to legal problems associated with the allocation and reallocation of water under these principles. The scope of the problems dealt with range from resolving issues on a particular tributary within a state, to the more intricate and politically volatile problems affecting allocations between different parts of a state and interstate water issues.

Dufford & Brown's attorneys are experienced in water rights adjudication, change-of-use applications, groundwater issues and well permit matters on behalf of the whole spectrum of water users from ranchers and farmers to developers and industrial and municipal clients. The firm has also advised clients in the acquisition, leasing, sale and financing of water rights.

Specific Water Law Experience

Negotiated and drafted a comprehensive 43 party joint venture water project development agreement
Represented beer manufacturer to develop the first comprehensive water augmentation plan on Clear Creek and successfully prosecuted the complex water right litigation required to implement it
Managed complex federal court litigation over NEPA compliance for major metropolitan water project development
Counseled with and advised the legislature of the State of Montana on the viability of the Montana water adjudication legislation
Participated in the development and drafting of the Colorado Water Right Determination Administration Act of 1969
Represented land developers in acquiring water rights and adjudicating water augmentation plans
Represented seasonal lodge owners in adjudication of water rights, including augmentation plan, for lodge and restaurant operations
Represented steel mill in leasing water rights and ditch carrier rights

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