| Experience |
| Water Rights
Holland & Hart's lawyers advise and represent a wide variety of clients across the Mountain West Region in all types of water-related matters, including water rights ajudication, water supply plan development for new projects, including energy projects and water quality issues. We effectively represent our clients’ interests in federal and state court litigation, including special state water courts, and in contested administrative proceedings before state water officials. We also regularly deal with the federal government concerning water issues that affect our clients.
Our water law practice involves commercial and other transactions that routinely require skilled negotiations and first-rate administrative experience. We handle water rights sales and purchases, and changes in point of diversion, place and purpose of use. We work with federal resource agencies, state water officials, and local governmental boards in all water-related approval and permitting processes. We have obtained required permits, licenses and approvals for construction and operation of everything from new real estate developments to water and hydroelectric projects.
We have substantial experience in federal and state court litigation involving water rights matters across the Rocky Mountain region. Holland & Hart's lawyers have represented clients in water matters before the U.S. Supreme Court, the Tenth Circuit Court of Appeals, federal district courts, state appellate courts, and numerous state trial courts, including Colorado's special water courts. We have experience (working closely with the appropriate technical consultants) helping clients involved in the development of water supplies with anticipating and complying with the requirements of the Safe Drinking Water Act. Representative recent cases include complex federal litigation concerning the general adjudication of water rights in New Mexico’s Rio Pojoaque Basin, representing a Colorado water conservancy district in pursuing federal claims based on reclamation law, and representing the Wyoming State Engineer in instream flow and endangered species litigation with the State of Nebraska.
We are involved in many cases in water courts relating to the adjudication of water rights, changes in use, plans for augmentation, and water exchanges. |
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| Water Quality |
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Clean Water Act Highlights
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We advise clients on a wide variety of water quality matters, including compliance issues relating to industrial and commercial activities, and land uses, having the potential to impact surface or groundwater, or wetlands areas. We counsel clients in the NPDES and Section 404 (dredge and fill) permitting processes. We also routinely represent clients in federal and state enforcement actions and citizen suits in federal court, alleging permitting or water quality violations. We work closely with regulatory agencies regarding appropriate water quality standards for stream segments.
We have represented industrial dischargers, publicly owned treatment works (POTWs), and numerous indirect dischargers with operations governed by the Clean Water Act and its regulations.
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State and Federal court litigation to protect the quantity and quality of water supplies, including representing clients in special water courts on matters involving adjudication of water rights, changes in use, plans for augmentation, exchanges, water contracts, water well permits, takings of water rights, and rights of way.