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TESTING: RE+H2O – Water Law Boot Camp for Real Estate Lawyers – Transactional Due Diligence and Checklists

Level: Advanced
Runtime: 87 minutes
Recorded Date: October 11, 2017
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  • General Matters - Real Estate and Water
  • Status of Water and Water Supply
  • Title to Water, Water Rights and Evidence of Rights
  • Water Endorsements - Title Insurance
  • Flood Issues
  • Existing Land Use and Water Regulations
  • Surrounding Conditions
  • Utilities and Resources
  • Community Relations
  • ESA's
Runtime: 1 hour and 27 minutes
Recorded: October 11, 2017


Which came first – water or land? Water is that critical element often overlooked and misunderstood by the general real estate lawyer. Understanding and incorporating knowledge of water rights (title, use, quantity, quality, transfer, and disposal) is essential to every real estate transaction.

This program will:
• Suggest the due diligence checklists of the basic water rights, title and contract topics, uses and user limitations and requirements.
• Provide advice on how to locate and draft essential documents coordinating water and land resources.
• Identify issues of existing conditions, effects of too much or too little water (especially considering extraordinary storms and climate events), and ways to address those issues to make the deal work.

Basic water due diligence is a vital part of every real estate transaction. This program will explain the due diligence issues that need to be on the diligence list and the questions every real estate lawyer should ask.

This program was recorded on October 11th, 2017.

Provided By

American Bar Association
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Hon. Susan M. Ryan

Adjunct Professor
University of Denver Sturm College of Law

Susan M. Ryan was appointed to be the Water Referee for Division 5 and a District Court Magistrate in the 9th Judicial District in 2016. As the Division 5 Water Referee, she handles water cases in the Colorado River Basin. Referee Ryan routinely consults with the Division Engineer on water court applications, analyzes pending water cases, and issues orders and decrees.

Prior to her appointment to the bench, Referee Ryan was a partner at a Denver law firm where her practice focused on water court litigation and judicial clerk for the Honorable Gregory J. Hobbs of the Colorado Supreme Court and the Honorable Russell Carparelli of the Colorado Court of Appeals. She has litigated water cases at all levels of the state and federal courts and has extensive appellate court experience, including in the United States Supreme Court.

Referee Ryan received her juris doctor (Order of St. Ives) from the University of Denver and her undergraduate degree from CU-Boulder. While in law school, Referee Ryan served as Editor-in-Chief of the Water Law Review and she now sits on its Advisory Board.

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Denise V. Cheney

Bickerstaff Heath Delgado Acosta, LLP

Denise’s principal areas of practice are real estate, planning and development, and construction law matters, with an emphasis on the representation of cities, counties, and other local governments. She has represented both large and small cities in matters such as acquisitions and sales, commercial leases, easements, licenses, construction projects, and the development of real estate.

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John Milner

Brunini, Grantham, Grower & Hewes, PLLC

John Milner concentrates his practice primarily in environmental law. He represents business and industrial clients in environmental litigation in state and federal courts in the southeastern region, as well as environmental permitting and enforcement actions, natural resource damage assessments, and regulation promulgation proceedings before the United States Environmental Protection Agency and the Mississippi Department of Environmental Quality and other federal and state agencies. His environmental practice also concerns real estate due diligence and contractual matters in the southeastern region states. John represents clients in lobbying and monitoring activities concerning environmental and other business and industry issues before the Mississippi Legislature. He is a Fellow in the American College of Environmental Lawyers. He has also been recognized by Woodward/White as one of the Best Lawyers in America? in the fields of Environmental Law and Litigation-Environmental in Mississippi and is ranked by Chambers USA: America's Leading Lawyers as a Band 1 practitioner of environmental law in Mississippi. John is a member of the Section Council of the American Bar Association Section of Environment, Energy, and Resources and serves as Chair of The Section's Special Committee on Section, Division and Forum Coordination.

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