Colorado Water Rights and Regulation
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8:00 – 8:30 am MST
8:30 – 11:45 am MST
11:45 am – 12:15 pm MST
12:15 – 4:00 pm MST
Understanding Colorado Surface Water and Groundwater Rights M. Machado
Ownership of surface water: public waters and the prior appropriation doctrine
Regulation of surface water rights
Obtaining surface water rights
Application and permitting process
Amending surface water rights
Current issues in surface water rights
Ownership of groundwater
Regulation of groundwater rights
Obtaining groundwater rights
Application and water well permitting process
Current issues in groundwater rights
PFAS Overview and Regulatory Update A. Horn, PG
Managing Finite Water Resources K. Kinnear
Historic usage and current trends
Maintaining water quality and quantity
State and regional water quality regulation
Regional water management and planning
Planning for climate resilience
Agricultural Water Use M. Winokur
Wells for agricultural use
Water quality and agricultural runoff
Temporary fallowing-leasing agreements
Colorado River Management and Other Interstate Issues D. McCarl
Each webinar session earns continuing education credit and can be registered for individually. All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.
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8.0 General CLE Credits
Professional Engineers &
(CE not required in CO)
6.5 ASFPM CECs
(CE not required in CO)
Continuing Education Credit Information
This webinar is open to the public and offers 6.5 non-mandatory continuing education hours to professional engineers and land surveyors licensed in Colorado. It also offers 6.5 PDHs to geologists, which is not required in Colorado.
The State of Colorado Supreme Court Office of Continuing Legal and Judicial Education has approved this course for 8.0 General CLE Credits for Colorado attorneys.
This webinar has been approved by the Association of State Floodplain Managers for 6.5 CECs for floodplain managers.
Completion certificates will be awarded to participants who complete this event, respond to all prompts, and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
Andy Horn PG
Westwater Hydrology LLC
Andy Horn, M.Sc., P.G., has almost 30 years of experience providing scientifically-valid and legally-defensible environmental and water resource investigations to public and private entities. He has performed assessment and remediation at hazardous waste sites/facilities including US EPA Superfund, PFAS releases, manufacturing, bulk and retail fueling and maintenance, chemical storage and distribution, and Phase I and II Environmental Site Assessments. He has also performed small- to regional-scale groundwater resource and high water table assessments and has overseen water supply well drilling and installation. His areas of expertise include data collection program design and management, data interpretation, public outreach, and reporting and presentation of study results. Mr. Horn has designed and managed field data collection programs in complex and high-profile urban settings and has worked on a variety of projects across the United States. He has served on the Colorado Ground Water Association (CGWA) Board of Directors, established a mentoring program with the CGWA, and represents the CGWA with the Colorado Water Well Contractor’s Association and the Division of Water Resources Technical Working Group. He is currently on the Board of Directors for the Colorado Environmental Management Society. Mr. Horn earned his B.S. degree from The University of Alabama and his M.Sc. degree from The University of Colorado.
Kevin J. Kinnear
Attorney, mediator and arbitrator, Kinnear LLC
Kevin J. Kinnear, Esq. is an attorney, mediator, and arbitrator located in Broomfield, Colorado. He has practiced water law for over 25 years, including water rights adjudications and appeals, water rights transactions, and related real estate and land use law. Mr. Kinnearis a graduate of The Colorado College, the University of Colorado School of Law (J.D.), and Pepperdine University Caruso School of Law (LL.M., Dispute Resolution). He is the past chair of the CBA’s Water Law Section, current member of the Section’s Executive Council, and past co-chair of the Boulder County Bar Association’s Section on Natural Resources and the Environment. He is the current Articles Editor for The Colorado Lawyer, Natural Resources Column (Water). Mr. Kinnear has written articles and given presentations on ethics, Colorado water law, groundwater modeling for lawyers, ditch easements, tap fee agreements, and other water rights matters.
Shareholder, Lyons Gaddis, Louisville
Mr. Machado is an expert on surface water and groundwater rights, ditches and associated interests in land. He has 17 years of experience assisting farmers, ranchers, landowners, developers, mutual ditch companies, private ditch and lateral owners, well user groups, special districts, and municipalities in acquiring, selling, developing and protecting interests in land and water rights throughout Colorado. He clerked for the U.S. Department of Justice, the Nature Conservancy and the American Whitewater Association. He represents clients before Colorado’s district courts, water courts, the Colorado Supreme Court, the Colorado Ground Water Commission, the State Engineer, the Colorado Water Quality Control Commission, and various other local government entities.
Daniel F. McCarl
Associate, Somach Simmons & Dunn
With a background in mathematics and groundwater hydrology, Mr. McCarl brings his clients a unique advantage as a water attorney who speaks the language of engineers and understands the complex and technical questions frequently at issue in water law cases. He has also worked extensively with Indian water rights in southwest Colorado and understands the dynamics of federal and state water rights. His experience in state and federal water matters includes applications for water rights, changes, exchanges and augmentation plans, as well as federal reserved water rights, interstate compacts and water quality law under the Clean Water Act. He has represented a variety of water users, from farmers and ranchers to ditch companies and conservancy districts, as well as Indian tribes. As a fourth-generation Coloradan and descendent of San Luis Valley farmers and ranchers, he appreciates the extent to which water has shaped the history and identity of the state.
Partner, Holland & Hart
Ms. Winokur’s clients rely on her diverse experience in water rights, real estate development and land use planning to find creative solutions to their problems and achieve their goals. She works with water service providers, municipalities, ski areas, agricultural producers, ranchers, real estate developers and private landowners on all aspects of water supply planning, water court litigation, real estate transactions, development activities and land use planning. Ms. Winokur’s water and land use practices bring her in regular contact with the City of Aspen’s and Pitkin County’s review bodies and community development offices. She received her B.S. degree from Fort Lewis College and her J.D. degree from the University of Colorado School of Law.