Nevada Land and Water Law: Ownership and Access
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Friday, April 14, 2023 | 8:30 am – 4:00 pm PDT (including a 60-min. break)
Identifying, Classifying and Locating Easements
Presented by: Paul Taggart & Tamara Thiel
- What is and is not an easement
- Reviewing Nevada law on easements
- Creating easements: easements by necessity, easements by use, written easements
- Identifying critical distinctions between easements in gross, easements appurtenant and prescriptive easements
- Maintaining easements
- Knowing when and how to terminate easements
- Obstructing use of easements and determining remedies for obstruction
Resolving Boundary Disputes
Presented by: Michael W. Cabrera & Casey J. Stiteler
- Types of boundary disputes
- Adverse possession, easements, boundaries
- Obtaining and reviewing boundary evidence
- Methods for establishing disputed boundaries
- Participating in dispute resolution techniques
- Litigation, arbitration, mediation, agreements, title insurance
- Examining boundary dispute case studies: exploring techniques for resolving sample disputes
Access to Federal Lands
Presented by: Laura Granier & Amber Rudnick
- Federal land management governing statutes and policies
- Multiple Use Mandate
- Hurdles for Renewable Energy & Development/Use of Public Lands
- Working with the Bureau of Land Management and other agencies
- Access and other disputes over conflicting uses
Understanding Groundwater Rights
Presented by: Gregory Morrison
- Ownership of groundwater
- Regulation of groundwater rights
- Obtaining groundwater rights
- Well drilling rights: application and permitting process
- Current issues in groundwater rights
Resolving Water Rights Disputes
Presented by: Paul Taggart & Tamara Thiel
- Understanding the Rule of Priority and Beneficial Use Requirement
- Working with the Office of the State Engineer, water districts, and other entities
- The adjudication process
- Current issues in Nevada water rights law
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.
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Nevada Professional Engineers
Nevada Land Surveyors
6.0 General CLE Credits.
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.0 PDHs for professional engineers and land surveyors in Nevada for whom this subject matter is professionally relevant.
This webinar has been approved by the State Bar of Nevada for 6.0 general CLE credits. This approval does not apply to the on-demand format.
Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).
The preceding credit information only applies to the live presentation. This course in an on-demand format may not be eligible for the same credits as the live presentation; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.
Michael W. CabreraAssociate at Snell & Wilmer LLP
Michael W. Cabrera is an associate in Snell & Wilmer LLP’s real estate practice group. He represents and advises real estate developers, investors, non-profit organizations, and individuals at all stages of property acquisition, land planning, zoning, and redevelopment processes. Mr. Cabrera has represented clients with real property disputes in state and federal court, including defending land use decisions of local governing bodies, quiet title actions, partition actions, and boundary line adjustments.
Laura GranierPartner at Davis Graham & Stubbs, LLP
Laura Granier is a partner at Davis Graham & Stubbs LLP. Ms. Granier’s practice includes regulatory work including government affairs with a focus on natural resources and land use and complex commercial litigation. She has successfully handled several issues of first impression involving mineral resources in Nevada, including a 2011 case enjoining enforcement of a state tax imposed on mining claims determined to be unconstitutional as well as cases involving complex land tenure issues and water rights. Ms. Granier has been involved in the land use planning process in Nevada for greater sage grouse conservation efforts and currently is lead counsel for a number of Nevada counties and private plaintiffs challenging the Bureau of Land Management’s and U.S. Forest Service’s decisions issued in that land use planning process. Ms. Granier has successfully handled litigation involving complex land tenure issues for various mining projects throughout Nevada. She has worked closely with legislators in previous sessions on challenging issues related to water, mineral resources, revenue, education and land use. Her regulatory experience includes a broad spectrum of work before various agencies with regulatory jurisdiction over environmental issues, mining, education, taxes, land use, and public utilities.
Gregory MorrisonShareholder at Parsons Behle & Latimer, PC
Gregory Morrison is a Shareholder at Parsons Behle & Latimer, PC. He has an array of experience in water, environmental, natural resource and real property law matters. Mr. Morrison advises a variety of private and public interests on matters involving water acquisition and permitting, environmental compliance on the state and federal level and property and mine development and disputes. He began his career in Carson City, Nev., where he was immediately immersed in one of Nevada’s most extensive administrative hearings involving water rights. He remained involved in that matter through the administrative, district court and Nevada Supreme Court processes. Mr. Morrison worked in conjunction with municipal, tribal and institutional parties toward the adoption of the 2008 Truckee River Operating Agreement (TROA) as a federal regulation, a process involving administrative hearings in Nevada and California; modification of the 1944 federal court decree governing Truckee River operations; and judicial review in the state and federal courts of Nevada and California. Following a lateral move to Santa Barbara, Calif., Mr. Morrison returned home to northern Nevada in 2016 to Parsons Behle & Latimer’s Reno office. Since joining Parsons’ team, he has worked in water right permitting and maintenance for several Nevada mining industry clients as well as municipal water providers, developers and landowners to secure and permit water rights for commercial and residential projects. Mr. Morrison has extensive experience at every level of the water appropriation process, from negotiations between buyers and sellers through judicial review of decisions of the State Engineer in the Nevada Supreme Court. In his general real estate practice, he has negotiated and litigated land acquisitions, easements and rights-of-way and residential and commercial real property leases. Mr. Morrison also has experience in the mining sector and understands the unique processes of mine diligence, conveyancing and permitting.
Amber RudnickAssociate at Holland and Hart LLP
Amber Rudnick is an Associate at Holland and Hart LLP, where she supports energy clients on disputes and regulatory issues related to project development in Nevada. Ms. Rudnick assists renewable energy developers, mining companies, and water purveyors with a range of environmental permitting and compliance matters. She assists clients in preparing regulatory filings, tax incentives and abatements, and other aspects of project finance and development. Ms. Rudnick also helps developers, lenders, and equity investors in large project finance transactions for energy production, storage, and transmission projects.
Casey J. StitelerAssociate at Snell & Wilmer LLP
His practice is focused on real estate transactions and land use matters regarding residential, commercial and multi-family property development. Additionally, he provides counsel on real estate and commercial contracts, purchase agreements and other related matters. Mr. Stiteler is a member of NAIOP, Northern Nevada was recognized by The Best Lawyers in America as Ones to Watch, Land Use and Zoning Law, Real Estate for 2023. He received his J.D. from the University of Nevada.
Paul TaggartFounding Partner at Taggart and Taggart Ltd.
Paul Taggart is the founding partner of Taggart and Taggart, Ltd. Long respected in the water rights arena, representing businesses and municipalities in transactional and litigation matters, his practice includes water rights acquisitions, sales, contracts, easements, well share and water delivery agreements, adjudications, permitting, extensions, transfers, certification, regulatory compliance and litigation of water rights disputes before state administrative bodies as well as State and Federal trial and appellate courts. Additionally, he practices real property, real estate, land use, redevelopment, complex and general civil litigation, and administrative proceedings. Mr. Taggart provides his clients the unique combination of legal experience combined with particularly skilled considerable success in representation of clients and projects. He continues to be actively involved in working with and handling matters and individuals, corporate clients, business owners, contractors, developers, and lenders throughout Nevada look to him to represent them in complex water law cases and issues.
Tamara ThielAttorney at Taggart & Taggart, Ltd
Tamara Thiel is an attorney at Taggart & Taggart, Ltd. Ms. Thiel has extensive experience in water rights matters. She has been qualified as an expert in Nevada water title before the Nevada State Engineer in 2015, and has reviewed and filed thousands of reports of conveyance for water rights across the state. Ms. Thiel represents clients in adjudication matters relating to the determination of vested water rights, performing due diligence of land and water transactions, drafting opinion letters, permitting and regulatory compliance on water rights issues, administrative proceedings at the State Engineer’s office, mitigation plans and permitting, and appeals of administrative decisions. She has provided research and support on ditch easement issues, and worked with irrigation companies relating to title, stock, and changes in water use. She has experience with water rights dedications for development with water municipalities, and effluent water re-use permitting. Ms. Thiel has extensive work in stockwater rights on federal and state range lands, including vested rights research, title, and permitting. Ms. Thiel also assists clients with real estate transactions including drafting purchase and sale agreements, performing due diligence, drafting opinion letters, and reviewing closing documents. She has experience in preparing and reviewing easements, leases, deeds of trust and other securities.