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Water Law

Davis Graham & Stubbs LLP has significantly influenced the development of water resources in Colorado and the Rocky Mountain West for more than 40 years. Our rich history in the development of water policy in our region is reflected in the fact that two of our former partners have served as the Assistant Secretary for Water and Science with the U.S. Department of the Interior, while another former partner served as the Director of Natural Resources for Colorado, the Solicitor of the U.S. Department of the Interior, and the Assistant U.S. Attorney General for Lands and Natural Resources.

Today, DGS has great breadth of experience in all aspects of legal issues and projects that involve water and water rights. We help municipalities, governmental entities, private industry, ditch companies, and individuals develop, adjudicate, finance, protect, and operate under reliable water supplies. We have significant experience in litigation over the initiation, protection, and change of water rights, approval of augmentation plans, and rights to the use of underground water. We also represent clients seeking to buy, sell, mortgage, and exchange water rights and related structures, and opine and have served as expert witnesses in water right title matters.

DGS has particularly strong interdisciplinary experience in addressing environmental and federal public land law issues related to water use and development. These issues and experience include permitting and litigation under the Clean Water Act, Endangered Species Act, National Environmental Policy Act (NEPA), National Forest Management Act, Federal Land Policy and Management Act, and similar state and federal laws.

Case Study: Water Planning and Permitting

DGS attorneys have represented the State of Wyoming, the City of Colorado Springs, and the City of Greeley in water planning and permitting matters to assist these entities in the development and delivery of new supplies of water for future use. Our work has included in-depth analysis of the legal constraints and requirements imposed on water resource planning and development under state water laws and various applicable regulatory laws, such as NEPA, the Endangered Species Act, and other federal and state laws.

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