Groundwater

With the over-appropriation of many surface water sources, groundwater supplies have gained a new importance for development.  In fact, in many growing areas of the West, groundwater is the only reasonably available water supply alternative.  Groundwater involves greater legal uncertainty and factual complexity than most other areas of water law.  In Colorado, groundwater is classified into at least four categories: tributary; nontributary; not-nontributary and designated.  Substantially different legal requirements govern the development and use of each of these types of water.  

White & Jankowski represents clients in all administrative and judicial proceedings necessary to secure or to protect their rights in all of these types of groundwater.  We work frequently with engineers, geologists and geohydrologists to assist our clients in understanding ground water systems and their interaction with surface streams, including development of both monitoring and modeling of groundwater.  During recent years, we have worked at the forefront of quickly developing laws related to energy development and groundwater, including produced water and hydraulic fracturing.  We have also been involved in the first groundwater call proceedings in Idaho related to wells in the Eastern Snake Plain Aquifer.