Case History

Lowry Landfill

Represented municipal waste generators as members of a steering committee that conducted a remedial investigation of one of Colorado’s largest Superfund hazardous waste sites. Negotiated and reached a global settlement among owners, operators and other generators that included a remedial plan accepted by the EPA.

American Water Development Inc. v. City of Alamosa

Represented Rio Grande Water Conservation District in defeating American Water Development’s application for a water right to develop ground water under the northern end of the San Luis Valley, Colorado, which they intended to export for use outside of the San Luis Valley.

Kansas v. Colorado

Representation of the State of Colorado since 1985 as special counsel in litigation in the United States Supreme Court with the State of Kansas over allocation of the Arkansas River under the Arkansas River Compact.

Thiebaut and Sierra Club v. Colorado Springs

Represented municipal-owned utility company in citizens’ suit brought under the Clean Water Act in the United States District Court for the District of Colorado, including two-week trial.

In re: Confined Aquifer New Use Rules

Represented the Rio Grande Water Conservation District and supported the Colorado Division of Water Resource’s successful defense of Rules protecting the sustainability of the confined aquifer in the San Luis Valley, including a six-week trial and appeal to the Colorado Supreme Court.

In re: State Engineer’s Approval of Plan of Water Management

Represented Subdistrict No. 1 of the Rio Grande Water Conservation District and successfully upheld the creation and governing plan of Subdistrict No. 1 in two trials totaling over two-weeks and appeal to the Colorado Supreme Court

Wolfe v. Hutton Foundation

Represented the Republican River Water Conservation District at trial and appeal to the Colorado Supreme Court, reversing the Trial Court’s ruling of a finding that water rights had not been abandoned.

St. Jude v. Roaring Fork Club

Represented a private water user in the Colorado Supreme Court’s ruling that Colorado law does not allow an in-ditch recreation and fishery use.

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