Water Law 201: Evolution of the Law Through Trial, Appeal and Legislation - Webcast

May 2018
 
Water Law 201: Evolution of the Law Through Trial, Appeal and Legislation
Water Court Practice Program – Water Law and Administration Program Series
 
 
Co-sponsored by the Colorado Supreme Court and the Colorado Bar Association
 
 
Program Description
This is the 11th course in a series of courses related to the water law and administration aspect of Colorado water law. This course provides you with the perspectives of engineers who testified in, and attorneys who brought or argued, cases instrumental in shaping today’s water law in Colorado. It updates our 2010 Water Law 201 program.
 
You will hear the principal points of law, facts and expert opinion important to the outcome of the cases in the trial court and on appeal, and responses of the legislature and water users. You will receive an advanced understanding of water law and knowledge essential for a successful and effective water practice.   
 
Understanding the impact of cases and trial and appellate actions on the law and legislation is an essential requirement for anyone who is, or desires to become involved with water rights and/or the practice of water law in Colorado in any way, whether from a legal, technical, administrative or expert perspective.
 
Take Advantage of this Unique Opportunity and Register Now!
 
     

Agenda:
 
8:30am
Registration and Continental Breakfast
 
9:00am
Welcome and Introductions
Extended by Honorable Monica M. Márquez, Justice, Colorado Supreme Court
 
9:10am
Burlington Ditch Reservoir & Land Co. v. Englewood: Trial and Appellate Strategy, Presentation and Outcomes in the Burlington Ditch Change of Water Right Case
256 P. 3d 645 (2011)
 
Presented by Steven O. Sims, Esq., Star Waring, Esq., and Katherine Griffin Young, P.E., formerly with Martin and Wood Water Consultants
Moderated by Honorable Gregory J. Hobbs, Jr.
 
10:10am     
Networking Break
 
10:25am     
Upper Yampa Water Conservancy District v. Wolfe
255 P.3d 1108 (2001)
 
Arising out of a dispute over when a conservancy district could make certain water rights absolute, this case led to the passage of Senate Bill 13-041, which legislatively overturned  the Court’s holding in Upper Yampa, that a water storage right must be put to beneficial use after storage before it could be claimed absolute.
This session brings the attorneys responsible for bringing and arguing the case before the Court together once again to discuss the Court’s decision while exploring differing opinions on the proper definition of placing water to beneficial use, when water rights may be made absolute, the distinction between managing resources and speculating, the concept of “seniors first” in the use of water rights, and other still relevant, water rights and water rights administration related issues.
 
Presented by John J. Cyran, Esq., and Scott A. Grosscup, Esq.
 
11:25am
St. Jude’s: Is the Patron Saint of Desperate Cases and Lost Causes Listening?
The panel will discuss the primary holding and controversial aspects of the Colorado Supreme Court’s 2015 opinion in St. Jude Co. v. Roaring Fork Club, 351 P. 3d 442 (Colo 2015), the unsuccessful 2014 effort to legislatively “correct” the opinion, and the partially successful 2017 effort to legislatively “clarify” the opinion.
 
Presented by Daniel H. Arnold, Esq., In-house Counsel, Denver Water, Michael F. Browning, Esq., and Scott C. Miller, Esq.
 
Moderated by Peter Fleming, General Counsel, Colorado River District                                                                
                          
12:25pm  
Lunch on Your Own
 
1:30pm  
Vermilion Ranch Limited Partnership v. Raftopoulos Brothers: What Do You Got to Do to Get a Water Right Around Here?  
307 P.3d 1056 (2013)
            
This case is a study of neighboring landowners, each claiming water storage rights for their agricultural operations and to provide the burgeoning oil and gas operations in the area. Your presenters will explore the application of decree interpretation, and anti-speculation and can and will doctrines and evidence necessary to support new claims and future diligence applications.
 
Presented by Laura Chartrand, Deputy Attorney General, Natural Resources and Environment Section, Scott A. Grosscup, Esq.
 
2:30pm    
Central Colorado Water Conservation District v. City of Greeley—Jones Ditch: Skeletons in the Closet!
147 P. 3d 9 (2006)
        
This panel will discuss the Jones Ditch case, in which the court reduced consumptive use awarded to the applicant based upon testimony from the original adjudication regarding the irrigator’s intended irrigated acres, the response of the water community, and the follow-up “Legacy Ditch” bill (Senate Bill 13-074). Panelists will discuss their experience in the Jones Ditch case and legislative process, as well as the broader challenges of defining the nature and extent of mutual ditch company rights in change of use cases.
 
Presented by P. Andrew (Andy) Jones, Esq., Lindsay Griffith, Senior Engineer, Brown and Caldwell Environmental Consulting, and Lee Rozaklis, Principal, Rozaklis and Associates, LLC
 
Moderated by Jennifer Ashworth, P.E., White Sands Water Engineers
          
3:30pm
Networking Break
 
3.40pm    
Litigating Designated Groundwater Cases: How Are They Different?
- How Does Designated Groundwater Come into Being?
- Basin Differences and What It Means to be Part of a Basin
- Jurisdictional and Hearing Differences  
- Case Law
 
Presented by Michael D. Shimmin, Esq. (ret.), and Joseph “Jody” Grantham, Hearing Officer│PIO│Training, Colorado Division of Water Resources
        
3:40pm   
Perspectives of Water Users on Cases and Legislation
Your presenters will explore the ways in which Colorado water law, and in particular case law and legislation over the last 10-15 years has impacted their planning or their clients’ water planning and decision making. Adjustments, responses, benefits, clarifications and unanticipated costs of case law or legislation are included in the discussion as well as water planning and conservation efforts.   
 
Presented by Larry Clever, General Manager, Ute Water Conservancy District, Emily Hunt, Water Resources Division Manager, City of Thornton, and Jeffrey J. Kahn, Esq.
             
4:40pm   
Adjourn
 
   
Location Information
Webcasts - live from your computer

Denver, CO
Get directions
Registration Fees
CBA Member $349.00
CBA Water Law Section Member $299.00
CLE ELITE Pass Holder $0.00
Engineers $299.00
New Lawyer Edge Member $174.50
Non Member $379.00
  • General Credits: 7.00
  • Ethics Credits:
Start Date - End Date
May 18, 2018
Start Time - End Time
9:00 AM - 4:40 PM
Event Location
Webcasts - live from your computer
PDF Brochure
Calendar Reminder
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Sponsor Information

  • Attend this day-long CLE program, and gain insights from engineers who testified in, and attorneys who brought and argued cases instrumental in shaping Colorado water law. Principal points of law, facts and expert opinion important to the outcome of the cases, and responses of the legislature and water users, are included.
 
  • How Colorado’s water law and decisions of water users have been shaped by cases, trials, appeals and legislation to be addressed at Water Law 201 CLE Program sponsored by the Colorado Supreme Court and the Colorado Bar Association.