The Water Rights Handbook for Colorado Conservation Professionals provides expert information about all aspects of water rights related to conservation transactions. From the most fundamental principles of Colorado water law, to water rights due diligence, appraising water rights for conservation easements, drafting conservation easement language to include water rights, stewardship issues, and the tax implications of water rights related to conservation easements, the Water Rights Handbook explains how to protect the water rights critical to conservation values targeted in conservation transactions.
Prepared and reviewed by accomplished water rights and conservation attorneys, engineers, and appraisers, the Water Rights Handbook presents essential information that will allow Colorado’s land conservation professionals to sensibly evaluate, pursue, and protect the water resources necessary to preserve conservation values year after year.
In this book, the authors explain:
How water rights can be used to meet conservation purposes.
What a thorough due diligence investigation of water rights should include.
Who the principal water agencies are in the state.
Federal and state tax requirements for conservation easements.
How water right priorities are determined.
The practical application of the prior appropriation doctrine.
The types of water rights that are available.
What issues to consider when including only a portion of the water rights in a conservation easement.
Different valuation methods used by water rights appraisers.
Important model language to include in a conservation easement.
Allowable restrictions that can be placed on water rights in a conservation easement.
How to proceed with various documents at closing.
The ongoing stewardship responsibilities required to retain the conservation easement.
How to qualify a donated conservation easement for a tax deduction.
Tax concerns for the landowner and conservation organization, including potential penalties.
Introduction
Chapter 1: The Relationship Between Water and Land
Chapter 2: Principles of Colorado Water Law
Chapter 3: Water Right Due Diligence Investigations
Chapter 4: Baseline Water Inventory
Chapter 5: Appraising Water Rights
Chapter 6: Model Language for the Conservation Easement
Chapter 7: Closing
Chapter 8: Stewardship
Chapter 9: Tax Aspects of Water Included in Donated Conservation Easements
Chapter 10: Conclusion
Peter D. Nichols is an attorney with Trout, Raley, Montaño, Witwer & Freeman, P.C., practicing water, environmental, and related law. He is a leader in adapting legal mechanisms, such as conservation easements, to protect water for conservation purposes. Peter is also a published scholar on conservation easements, water and growth, and water quality issues. Peter is past president of the Colorado Water Congress. He earned a J.D. from the University of Colorado Law School, and holds an M.P.A. from the University of Colorado and a B.A. from The Colorado College.
Michael F. Browning is a practicing water and real estate attorney with the Boulder, Colorado-based law firm of Porzak Browning & Bushong LLP. He grew up in Montana and obtained his bachelor’s degree from the University of Montana and his law degree from Yale Law School. Michael was a partner in the Denver-based firm of Holme Roberts & Owen for many years before starting his own firm. His practice includes representation of private and public water users throughout the State of Colorado. Michael is also a frequent speaker on water and conservation easements. He co-founded the Colorado Water Trust in 2001 and continues to serve as its president and as chair of its Legal Committee.
Kenneth R. Wright, P.E. graduated from the University of Wisconsin-Madison (UW-Madison) with a B.S. degree in civil and environmental engineering and a B.B.A. degree in business. He received a master’s degree in civil engineering from UW-Madison. Kenneth serves as chief engineer and chief financial officer of Wright Water Engineers, Inc. (WWE) of Denver, a company he founded in 1961. He is a registered professional engineer in 13 states, and a Licensed Appraiser in the State of Colorado. WWE’s practice includes agricultural and irrigation engineering, hydrology, water rights, water supply, groundwater studies, monitoring and wells, flood control and drainage, water rights appraisals, dams, pollution management, and permitting.
Patricia Flood is a senior consultant with Wright Water Engineers, Inc. She is a registered professional engineer in Colorado, and has held a Certified General Appraiser certification in Colorado since 1995. Patricia has a B.S. degree from the University of Kansas and graduate studies in water resources at the University of Colorado. In addition to her water rights work and appraisal work, she performs all phases of water system and drainage design from the preliminary planning stage through construction administration. Patricia co-authored chapters “Water Rights of the 50 States and Territories” and “Summary of Water Rights Law in the 31 Eastern States” for the American Water Works Association (AWWA) Manuals on the same subjects.
Mark S. Weston is a principal in the real estate consulting and appraisal firm Hunsperger & Weston, Ltd. in Greenwood Village, Colorado. Mark has 20 years of experience as an independent real estate appraiser, with special focus on valuation of and counseling related to conservation easements encumbering private land, mostly in the western United States. He is a regular speaker and instructor at the Land Trust Alliance National Rally, Southwest Regional Conservation Organization conferences, and Colorado Coalition of Land Trusts conferences. Mark was also a contributing author for Appraising Easements: Guidelines for Valuation of Land Conservation and Historic Preservation Easements. Mark holds a B.A. from The Colorado College in English Literature and an M.A. from the University of Denver in Librarianship and Information Science.
Format: 7x10" Softcover Copyright: 2005 Pages: 134 ISBN: 1-932779-32-9 Publisher: Colorado Water Trust and Bradford Publishing Co.
