The University of Denver Water Law Review is an internationally circulated, semi-annual publication that serves as a high-quality forum for the exchange of ideas, information, and legal and policy analyses concerning water law.
First published in 1997, the Water Law Review is a practical resource for lawyers, policy makers, and students. Our continued involvement in the water law community allows us to stay current on developing water issues. Every issue includes up to date articles on developing water law issues, as well as several other useful and interesting resources such as biographies of water practitioners, book notes, conference reports, and coverage of water cases from all U.S. federal and state courts.
The Water Law Review is a student run journal. Students are responsible for the production of the journal, from the solicitation of articles to the final content editing and publishing. Students gain valuable experience in legal research, writing, management, and water law from their involvement on the Water Law Review.
The Water Law Review seeks to provide a unique, high quality forum for sharing ideas, information, legal analyses and policy analyses concerning water law issues. It is the intent of the editorial board and staff to make the Review a valuable resource for the practitioner, the scholar, and the policy maker.
The Review primarily emphasizes water law issues; however, we understand that nothing exists in isolation, neither in law nor in nature. Therefore, it is the express policy of the Review to solicit and to publish scholarly works that discuss water law as it affects and is affected by related areas, legal or otherwise. To that end, we remain pleased to present articles by nationally recognized experts, practitioners, officials, scholars, and others involved in the fields of water law and water planning.
We do not restrict the Review’s coverage to any one jurisdiction. We live in a highly complex global community where water remains one of the most critical components. The more ideas and information we share, the more successful we will be when managing today’s problems and tomorrow’s challenges. Therefore, we invite our readers to submit articles that address the full range of issues in water law and water management from any geographical location.
Sarah is honored and excited to head such an incredible staff this year. After joining the review her first semester of law school, she has served as a staff editor and symposium editor to the journal. Her interest in water law stems from her up-bringing in California drought country. Sarah earned her B.A. from the University of California, Santa Barbara in English and American Cultures where she completed a thesis later used to help create a special district designation through the California legislature. In her short time prior to law school, Sarah worked in the wine industry. Throughout law school, Sarah cultivated her legal curiosity working in public service, judicial, and private sectors. Besides an obvious love for the outdoors (like every other Colorado transplant), Sarah enjoys cooking and skiing.
Stephen is excited to serve as one of the Managing Editors for the University of Denver Water Law Review. Born in Chicago, Illinois, and raised in Minnesota, Ohio, and Texas, Stephen settled in Colorado in 2007 and has no plans to leave. He received his B.A. in Environmental Studies from the University of Northern Colorado, with the intent to pursue a career in environmental law. Stephen has also developed an interest in intellectual property; he is pursuing a certificate in intellectual property law, and he has worked with patents as a legal fellow in the University of Denver’s Office of Technology Transfer. During the summer of 2017, Stephen worked as a summer associate for Woodrow & Peluso, focusing on commercial litigation and consumer class actions. Aside from an obvious love of the outdoors, Stephen is a movie buff and music enthusiast, spending much of his free time building and enjoying his record collection or watching movies with friends.
Vann was born and raised in Colorado and is a 3L at the University of Denver Sturm College of Law. He earned his B.A. in Humanities with a minor in Philosophy from the University of Colorado at Boulder. During his undergraduate years, Vann worked for an environmental restoration company that responded to environmental emergencies all around the United States. After that, Vann worked for a non-profit electronics recycling company that provided work and job training for adults with mental and physical disabilities. These experiences taught him the value of environmental work and he hopes to continue his legal education so that he can make a lasting impact on the Colorado community. Since then, Vann has worked as a legal intern under Judge Robert L. McGahey in Denver District Court and spent last summer working for the Colorado Office of the Attorney General in the Natural Resources and Environment section. When Vann’s not at school, he enjoys backpacking with his wife through the Colorado wilderness, music, and Colorado sports.
Court Reports Editor
Margaret is honored to be a member of the Water Law Review Editorial Board as a Court Report Editor. Margaret is a Colorado Native, born in Durango. She grew up rafting and kayaking the Animas River and skiing in the San Juan Mountains. She received her B.A. in English Literature from Montana State University where she raced on the Division I Varsity Nordic Ski Team. After college, she returned to the mountains of Colorado and worked as a freelance writer and ski coach. Margaret also taught reading and writing classes at San Juan Community College and Fort Lewis College before deciding to attend law school. Margaret has worked as a student attorney in the public interest Environmental Law Clinic at DU. When not attending class, you will find Margaret embarking on a backcountry excursion on skis, on foot, or by boat through the Colorado wilderness.
Court Reports Editor
Tina was born in Beijing, China and immigrated to the United States when she was seven years old. Since then, she’s lived in four different states before settling in California with her parents and younger brother. Tina received her B.A. in political science from U.C.L.A. in 2012 and then lived and worked in Los Angeles for three more years before she decided that she needed a change of scenery. She moved to Denver in the summer of 2016 and has loved every second of her time here in Colorado. The constant droughts and water shortages in California that have significantly affected her family sparked Tina’s interest in water law and infrastructure. Her other legal interests reside in the areas of natural resources and energy law. Whenever time permits, you will find Tina backpacking, rock climbing, and enjoying the natural beauty of the Rocky Mountains. Aside from exploring the great outdoors, Tina enjoys reading, oil painting, and cooking meals for her friends.
Legislative Reports Editor
Rioux, a 3L, will serve the Water Law Review as its Legislative Reports Editor. This ties three of his interests together: water, law, and the legislative process. A native of Colorado Springs—a city that calls its largest flowing water source a creek—he’s known since roughly 2002 (when he suddenly had to keep water off the concrete to avoid waste) how limited the water supply is and how important that water is to life, especially in the west. Rioux received his B.A. in Political Science from Colorado State University. While there, his inherent interest in the earth also led him to study geology. He finally had to choose between finishing a geology minor and working as an intern at the Colorado General Assembly. His interest in the legislative process won. While at CSU, Rioux served in the judicial branch of student government as its Chief Justice. From there, a love of law became inevitable, and with it, law school. Since starting law school, Rioux has continued work in public interest, as a legal intern with a General Assemblyman, as a Judicial Intern, and with county government. If his nose didn’t need to constantly be in case books, you’d regularly find him hiking, rock climbing, or wood working.
Lindsey grew up on the Colorado Plateau in Flagstaff, Arizona. She holds a B.A in Environmental Studies from the University of Colorado at Boulder with a specialization in natural resource policy. After college, she led a multinational cookstove implementation project in the Peruvian Andes, developed a women’s empowerment program outside Cusco, and worked to conserve land with the Eagle Valley Land Trust. In 2016, she graduated from the Yale School of Forestry and Environmental Studies with a Master of Environmental Management where she focused on water resource management, environmental politics and social change of the American West, and natural resource policy processes. While at Yale, Lindsey was Co-Editor-in-Chief of the Yale Environmental Review, a student led online publication that bridges environmentally related academic research to the public. She also interned for The Nature Conservancy’s Colorado River Program where she researched the Colorado land conservation community’s water management efforts to inform future landscape scale conservation projects. Lindsey is inspired by wild mountain landscapes and loves to ski, fly fish, and hike with her black Labrador, Luna. She is honored to serve as the Symposium Editor for Volume 21 of the University of Denver Water Law Review.
Tucker is thrilled to serve as an Article Editor for Volume 21 of the University of Denver Water Law Review. Tucker is a 3L and a Colorado Native. He grew up in Steamboat Springs, Colorado, otherwise known as “Ski-Town USA,” where he gained a great appreciation for what the beautiful state of Colorado has to offer. Tucker graduated from the University of Colorado with a bachelor’s degree in News-Editorial journalism, with a focus in Public Relations and a Certificate of Emphasis in Political Science. Tucker’s curiosity in natural resource, land use, and water law was sparked in an environmental public policy class during his undergraduate career, and he pursued the University of Denver to further those interests. Tucker has been a member of the Water Law Review for all three years of law school and has also served as a Managing Board Member of the Land-Use Law Society, a Summer Clerk for the United States Attorney’s Office for the District of Colorado, and a Law Clerk for two private law firms where he focused on Marijuana Policy and Real-Estate Litigation. In his free time, Tucker enjoys spending time with his friends and family, reading, and rooting for the Denver Broncos.
Erica L. Montague
Erica is excited to serve as an Article Editor on the 2017-2018 Editorial Board. Erica was born in Minneapolis, Minnesota, and moved to Denver in 1991. She is a 2L with an interest in natural resources and environmental law. She earned her B.A. in Environmental Studies and Political Science from the University of Colorado at Boulder. While at CU Boulder, Erica worked at the campus Environmental Center where she participated in several projects to increase awareness regarding recycling issues on campus. After graduating from CU Boulder, Erica worked as a litigation paralegal for 16 years in several different areas of law before entering law school. Erica’s interests outside of school include running, kayaking, travelling, and spending time with her family.
Trevor C. Lambirth
Trevor is a third-year law student hailing from San Luis Obispo County, California where he learned first-hand the impact that water has on western communities. He grew up running through vineyards and orchards, and has fallen into many of the coldest creeks in the Sierras while backpacking. He eventually ventured to Boulder, Colorado where he received his bachelor’s degree in History from CU and fell in love with the mountains. After graduating, Trevor returned to California, this time to Los Angeles, to work as a file clerk with his uncle’s law practice. Finally, Trevor couldn’t stay away from Colorado and settled in Denver for Law School. His studies at Denver Law have been focused on corporate law and commercial litigation, but he maintains his passion for water and natural resources law. Trevor brings his experience working in the Chambers of Judge Catherine Lemon, of the Denver District Court, and multiple private law practices to the University of Denver Water Law Review.
Travis is honored to serve on the editorial board for Volume 21 of the University of Denver Water Law Review. Travis has lived in Colorado for thirteen years and received his B.A. in Political Science from the University of Colorado at Boulder in 2015. He devoted much of his studies to environmental and energy policy, and decided that attending the Sturm College of Law would be the best way to further his knowledge of environmental and natural resource issues. Boulder’s efforts to keep their water sources clean, “’Cause We’re All Downstream,” sparked Travis’s interest in sustainable water use. He intends to use what he learns in the Water Law Review in practice and to promote the development of renewable energy so future generations may continue to enjoy the natural beauty of the great outdoors.
Alicia is a second year law student and is excited to serve as an Articles Editor this semester. She became interested in water law upon moving to the arid climate of Colorado, who’s water laws and supply differed greatly from her hometown of Key West, Florida. She graduated from Florida State University in 2015 with a bachelors degree in Political Science and Sociology. Since starting law school, Alicia had worked as a law clerk for an environmental law firm, and as a judicial intern. Outside of school, Alicia enjoys skiing, concerts, and enjoying the outdoors with her dog, Phoebe.
Josh Boissevain is a native Coloradan and a 3L with an interest in Western water policy and law. He earned a B.S. in News-Editorial Journalism from the University of Colorado at Boulder and is a proud alumnus (and current board member) of the school’s Center of the American West. Between undergrad and law school, Josh served as a Peace Corps Volunteer in Moldova and then worked as a Prague-based journalist for a magazine covering the Post-Soviet Bloc. Josh has done policy internships at Western Resource Advocates and the Colorado Water Conservation Board and legal internships at Denver Water, the Colorado Water Trust, and the Colorado Attorney General's Office. In his free time, Josh loves woodworking, rafting, photography, and brewing beer. He is addicted to exploring Colorado’s deserts, prairies, and mountains.
A native of Kansas City, Missouri, Connor is a third-year student and Volume 21’s Sources Editor. He earned his Bachelor’s Degree in Political Science with a minor in Spanish and Legal Studies at Saint Louis University. Following his undergraduate studies, Connor decided to take his talents out West and happily landed at the University of Denver and joined the Review during the Spring of his first year. Previously, he worked as a Staff Editor for the Review and as a legal intern in both civil and criminal practices. Connor is enthusiastic about water, research, and scholarship, so he is eager to combine his passions in his role on the Water Law Review. In particular, he finds thrill in tracking down an elusive source and learning what it has to offer. In his free time, Connor enjoys tending his flowers, cooking barbeque, and watching baseball.
Josh is excited to serve as an Production Editor for Volume 21 of the University of Denver Water Law Review. Josh is a 3L originally from Dallas, Texas, and graduated in 2015 from the University of Texas with a bachelor's degree in Advertising. After receiving a minor in Energy Management and deciding that he wanted to attend law school, Josh found the University of Denver and immediately fell in love with Colorado and its opportunities in energy, environmental, and natural resources law. This summer, Josh gained further experience in his fields of interest by working as a summer clerk at a law firm, and looks forward to furthering his knowledge with the Water Law Review this upcoming school year. In his spare time, Josh enjoys spending time with friends and family, watching movies, and cheering on the Texas Longhorns.
Kole Kelley is a San Luis Valley native. Kole grew up in Alamosa, Colorado. Kole's family runs a small livestock production, raising limousine cross cattle and show pigs. Kole attended Adams State University obtaining a Bachelor of Science in Business Administration with an emphasis in Agribusiness and a minor in Economics. While at Adams State Kole was also a member of the football team playing wide receiver for the Grizzlies.
Rebecca Spence's passion for the environment lead her to leave her public relations profession behind and pursue a career in the field of water law. As a 2L, originally born in Michigan and raised in Texas (and with frequent visits to Denver and the surrounding mountains) she is excited to finally be able to call Colorado home. At DU, Rebecca serves as the Secretary on the Natural Resources and Environmental Law Society, is a representative for the class of 2019 on the Honor Board, and is thrilled to take on her duties as the Outreach Editor of Volume 21 of the Water Law Review. During the day she works part-time for the Colorado and Denver Bar Associations, and is spending time as a legal intern for the Colorado Water Trust. Rebecca looks forward to soaking up all of the information she can from her colleagues, peers, mentors, and professors about the inner workings of western water law in the upcoming school year. In her spare time, Rebecca enjoys camping, hanging out on the river, teaching and practicing yoga, live music, and reading in the park.
Tom I. Romero, II
Professor Romero teaches and researches in the areas of the legal history of the American West, Latinos and the law, school desegregation in multiracial contexts, property, land use, water law, and urban development and local government in the United States and Latin America. His work on such topics have appeared in the Colorado Law Review, the Utah Law Review, the New Mexico Law Review, the Albany Law Review, the Journal of Gender, Race, and Justice, the Temple Political and Civil Rights Law Review, the Seattle Journal for Social Justice, the Oregon Review of International Law, and the Chicano-Latino Law Review, among others. His most recent scholarship can be found here. Professor Romero recently published an article on the relationship between Water law and Critical Race Theory in the Denver University Water Law Review which is being re-published in the University of Miami Race and Social Justice Law Review. Currently, Dr. Romero is revising a book manuscript on multiracial formation and the law in post-World War II Denver, Colorado; where among other aspect of the analysis, he extensively explores the role of metropolitan water development in Keyes v. School Board No. One, 413 US 189 (1973) (the first non-Southern school desegregation case to reach the United States Supreme Court). In addition, Dr. Romero is collaborating with the Sturm College of Law’s Community Economic Development Clinic to modernize the corporate documents of acequia associations working in the San Luis Valley of Colorado.
Gregory J. Hobbs, Jr.
Greg Hobbs, a Senior Water Judge for the Colorado Courts, served as a Justice of the Colorado Supreme Court from May 1, 1996 to August 31, 2015. Distinguished Jurist in Residence, he Co-Directs the Environmental and Natural Resources Program at the University of Denver’s Sturm College of Law. With a history degree from the University of Notre Dame (1966) and law degree from the University of California, Berkeley (1971), his law practice emphasized water, environmental, land use and transportation with Hobbs, Trout & Raley 1992-1996; Davis, Graham & Stubbs 1979-1992; Assistant Attorney General State of Colorado Natural Resources Section 1975-1979; Enforcement Attorney Region 8 U.S. Environmental Protection Agency 1973-1975; Associate, Cooper, White and Cooper (San Francisco) 1972-1973. He served as a Law Clerk to Judge William E. Doyle United States 10th Circuit Court of Appeals 1971-1972. Vice President of Water Education Colorado and a member of the Colorado Author’s League, his books include In Praise of Fair Colorado The Practice of Poetry, History and Judging (Bradford 2004); Colorado Mother of Rivers, Water Poems (Colorado Foundation for Water Education (2005); The Public’s Water Resource, Articles on Water Law, History, and Culture, Second Edition (CLE of the Colorado Bar Association 2010); Living the Four Corners, Colorado Centennial State at the Headwaters (CLE of the Colorado Bar Association 2010); and Into The Grand (CLE of the Colorado Bar Association 2012).
Justin Pidot graduated with high honors from Wesleyan University before attending Stanford Law School, where he graduated with distinction and was editor in chief of the Stanford Environmental Law Journal. Professor Pidot clerked for Judge Judith W. Rogers of the U.S. Court of Appeals for the District of Columbia Circuit. Prior to joining the University of Denver faculty, he was an appellate litigator at the Environment and Natural Resources Division of the U.S. Department of Justice, where he presented argument in more than a dozen federal appellate cases and acted as the staff attorney on two cases before the United States Supreme Court. Professor Pidot also completed a fellowship at the Georgetown Environmental Law & Policy Institute. Professor Pidot’s scholarship and teaching focus on environmental law, natural resources law, and federal courts.
Senior Staff Editors
Allison Altaras, Esq.
Otten, Johnson, Robinson, Neff & Ragonetti
Colorado Water Trust
William H. Caile, Esq.
Holland & Hart
University of Colorado, School of Law
John J. Cyran , Esq.
Panorama Water Law, LLC
John M. Dingess, Esq.
Hamre, Rodriguez, Ostrander & Dingess, P.C.
Harrison C. Dunning
Professor of Law Emeritus
University of California at Davis School of Law
Barbara J.B. Green, Esq.
Sullivan Green Seavy, LLC
Scott Grosscup, Esq.
Balcomb & Green, PC
Retired Justice Gregory Hobbs
Distinguished Jurist in Residence
University of Denver Sturm College of Law
Stephen Leonhardt, Esq.
Burns, Figa & Will, P.C.
Ryan McLane, Esq.
Franz & Discroll, PLLP
David Robbins, Esq.
Hill & Robbins, PC
Susan Ryan, Esq.
Colorado Water Division Five - Colorado River Basin
Janice Sheftel, Esq.
Maynes Bradford Shipps & Sheftel, LLP
Holly K. Strablizky, Esq.
Eagle County Attorney's Office
A. Dan Tarlock
Chicago–Kent School of Law Illinois Institute of Technology
Jason Turner, Esq.
Colorado River Water Conservation District
Dick Wolfe, P.E.
Colorado Division of Water Resources
Dr. Patricia Wouters
IWRA Board of Directors
Director, Water Law and Policy Programme, University of Dundee, Scotland