Utah Water Law: Rights, Development and Disputes
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Streamable MP4/PDF
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USB MP4/PDF
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Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before the start time.
Wednesday, July 31, 2024
9:00 am – 4:00 pm MDT
Introduction to Utah Water Law
Presented by: Jeffry Gittins & Dino Lauricella
- Water rights vs water shares
- Key principles of Utah water law
- Components of a water right
- Duties of the State Engineer
- Applications to appropriate and change applications
Conveying Title to Water
Presented by: Jeffry Gittins
- Water deeds and assignment
- Appurtenance of water to land
- Conveyance of water shares
- Reports of Conveyance
- Water right title insurance
Water Dedication and Water Exaction for Development
Presented by: J. Craig Smith
- What are water dedications/exactions?
- Constitutional limits on dedications/exactions
- The Nollan/Dolan Essential Nexus/Rough Proportionality Test
- Utah dedication/exaction case law
- Utah statutory regulation of dedications/exactions
- How much water may be exacted?
Handling Water Rights Disputes: Adjudication Procedures and Litigation Tips
Presented by: Riley S. Snow
- Water right title disputes
- Application protests (UDWR administrative process)
- Easement disputes
Ethics and Water Law
Presented by: Riley S. Snow
- Multiparty representation and ethical challenges
- Compliance issues, risks and ethics
Webinar Instructions
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.
Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.
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Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)
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The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled.
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Credits
Engineers
6.0 PDHs
Land Surveyors
6.0 PDHs
Geologists
6.0 Hour Learning Opportunity
Attorneys
6.0 CLE Credits (1.0 Ethics)
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 Utah for whom this subject matter is professionally relevant. Continuing education courses and providers for engineers and land surveyors are not subject to pre-approval in Utah. This course also provides a 6.0-hour learning opportunity for Utah geologists for whom continuing education is not required.
This webinar has been approved by the Utah State Board of Continuing Legal Education for 6.0 CLE credits, including 1.0 ethics credit.
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).
On-Demand Credits
The preceding credit information only applies to the live presentation. This course in an on-demand format is not pre-approved by any licensing boards and may not qualify for the same credits; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.
Speakers
Jeffry R. Gittins
Partner at Smith Hartvigsen PLLCMr. Gittins practices primarily in the area of water law. He assists governmental entities, corporations, and private individuals in all aspects of water law, including water rights transactions, water rights analysis, water rights litigation, and applications with the Utah Division of Water Rights. Prior to joining Smith Hartvigsen, Mr. Gittins served as a clerk to the Honorable Justice Jill N. Parrish of the Utah Supreme Court.
Dino Lauricella
Attorney with Smith Harvigsen PLLCMr. Lauricella is passionate about property development law and transactions. He graduated from BYU as an English Major. Mr. Lauricella worked for two different real estate management companies while in college.
J. Craig Smith
Partner with Smith Hartvigsen PLLCMr. Smith has more than three decades of experience as an attorney, in which he has successfully handled a number of complex water disputes, land use disputes, takings claims, and other issues. He has argued over 30 appeals to the Utah Supreme Court. Mr. Smith has represented public and private parties in takings claims arising from land use decisions, represented numerous water users in successful settlement of instream flow claims on the San Rafael River, and won appeals for municipalities and water entities before the Utah and New Mexico Supreme Courts. His most notable projects include securing the water rights for Duchesne City through an act of Congress, successfully entitling and securing water rights for a multimillion-dollar resort in Kane County, and creating the first municipal natural gas utility in Utah. He is licensed to practice in Utah, Wyoming, and the District of Columbia. Mr. Smith earned his B.A. degree, magna cum laude, from Bringham Young University, and his J.D. degree, cum laude, from Bringham Young University.
Riley S. Snow
Attorney at Snow LawMr. Snow represents clients in Arizona and Utah on matters related to water rights, real property, and resource development. He regularly appears before land and water agencies and in state and federal court. Mr. Snow’s clients include governmental entities, national and multi-national corporations, water companies, cooperatives, partnerships, and individuals. He has litigated numerous general adjudication claims in Arizona and Utah. Mr. Snow has also litigated quiet title, easement, right-of-way and condemnation claims in both states.
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