3600 S. Yosemite Street, Suite 500
Denver, Colorado 80237-1829
303-779-0200
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3600 S. Yosemite Street, Suite 500 Denver, Colorado 80237-1829 303-779-0200 |
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Eminent
domain law, water law and
water rights in Colorado are the primary
emphases of our law firm.
Eminent
domain involves the acquisition of private property by public entities
for public projects or by private parties for private use under specific
circumstances. Our firm represents clients both acquiring the
property and whose property is being acquired. When
private property is taken by eminent domain, the owner is entitled to
just compensation. Just
compensation in Colorado includes payment to the owner for the
reasonable market value of the property acquired as well as for damages
to the remainder; and sometimes special benefits to the owner’s
property can offset damages and a portion of the compensation for the
property acquired. Members of
this firm are engaged in all aspects of counseling and representing
condemning authorites and landowners in various stages of the eminent
domain process including: pre-condemnation counseling, required negotiations including
Notices of Intent and Final Offers, eminent domain appraisal
consultation, appropriate expert witness consultation, Petitions in
Condemnation, immediate possession proceedings, settlement negotiations,
litigation, proposed legislation and collateral issues such as utility
impacts, easements and tenant issues. The firm’s eminent domain practice has included representation of numerous condemning authorities, landowners and developers. We have appeared before many courts in eminent domain proceedings including Colorado District Courts in Denver, Arapahoe, Adams, Jefferson, Douglas, San Miguel, Boulder, Montezuma, Summit, Broomfield and Gunnison counties, as well as the Colorado Court of Appeals and Supreme Court.
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Water Law and Water Rights in Colorado
Water rights are a separate and distinct form of property right in
Colorado. Rights to use the water that flows within and is
connected the surface streams of Colorado are obtained by adjudication
of a water right before one of the Water Courts in the State.
After a water right has been adjudicated it is a vested property right
that may be sold or otherwise alienated like any other real property. If the owner of a water
right wishes to make a new or different use of the water right from that
originally decreed, any such changes of the water right must be approved
by the Water Court. Water Court approval is also required for the
manipulation of water rights, i.e. the right to exchange water (i.e.
move it upstream), or to provide for a plan for augmentation
(withdrawing water at one particular time and location upon the duty to
replace it at another time and location). Colorado
also recognizes a form of water referred to as nontributary.
Water Court also has jurisdiction over this type of water.
Also, on the eastern plains of Colorado are several areas known as
Designated Basins. Water rights in these areas are not handled by
the Water Court but are instead controlled by a Groundwater Management
District. Members
of this firm are engaged in all areas of water rights practice
including: appearing before the Colorado Water Courts for both
applicants and those opposing water rights applications for new water
rights, changes of water rights, etc. This firm’s practice also
includes cases involving nontributary water rights as well as cases
before the Groundwater Management Districts. Our Practice also
includes administrative matters before the office of the State Engineer
who is the administrator of water in Colorado. Our water rights practice also involves the purchase or sale of water rights, contract matters concerning water rights, contract matters concerning agreements between various water providing agencies, review and analysis of proposed legislation, the handling of various property rights such as easements, rights of way, covenants, etc. that have a collateral relationship to water rights, and administrative and permitting work before state and federal agencies.
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