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.
Blaine is excited to serve as Editor-in-Chief for Volume 20 of the University of Denver Water Law Review Editorial Board. He was born and raised in Salina, Kansas. He graduated from the University of Kansas ("KU") with degrees in Environmental Studies and Public Administration. While attending KU, Blaine was inspired to pursue natural resources, land use, and environmental law at Sturm College of Law because of his research on Kansas' "minimum desirable streamflow" and "intensive groundwater use and control area" policies, which are both used to manage the state's rapidly depleting water resources. Blaine also enjoyed the opportunity to spend one summer in Germany studying the way that European cities incorporate sustainability into their use of the land and natural resources. Blaine enjoys spending any free time in the mountains with his siblings and his two-year-old nephew. He will graduate in May of 2017.
Matthew was born in Buckinghamshire, England, and lived primarily in Gloucestershire until 1999. He moved to Oregon in 1999, where he lived until he moved to Denver to attend law school. His legal interests include Indian law, water law, and corporate law. He received his B.A. in Anthropology from Portland State University. His work background includes everything from courier, to archaeologist, to work in plush toy distribution and sales. He has worked on excavations in Oregon, Washington, and Lincolnshire, England. Matthew enjoys traveling, especially in England, and Central Europe. He also enjoys long road trips across the United States. He has a passion for football and soccer, and is an avid supporter of the Oregon Ducks and Arsenal Football Club.
Josh Boissevain is a native Coloradan and a 2L 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 alumna of the school’s Center of the American West. Between undergrad and law school, Josh served as a Peace Corps Volunteer (Moldova ’08-’11) teaching English in high school and university. After the Peace Corps, he worked as a Prague-based journalist for a magazine covering the Post-Soviet Bloc. Returning to Colorado in 2014, he worked as an intern at Western Resource Advocates researching solar energy and water issues. He also served as an intern at the Colorado Water Conservation Board helping put together the state’s first water plan. Most recently he was a law clerk in the Office of General Counsel at Denver Water. In his free time, Josh loves woodworking, rafting, photography, and brewing beer. He is addicted to exploring Colorado’s deserts, prairies, and mountains.
Court Reports Editor
Stephen is excited to serve as one of the Court Reports Editors for Volume 20 of 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, and has spent a summer working with IP as a legal fellow in the University of Denver’s Office of Technology Transfer. Aside from an obvious passion for outdoor activities, Stephen is also a die-hard movie buff and music enthusiast, spending much of his free time building and enjoying his record collection or watching movies with friends.
Court Reports Editor
Margaret is honored to be a member of the Water Law Review Editorial Board as a Court Reports 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. As a 2L, she finds herself drawn to environmental issues and the intricacies of water law. When not attending class, you will find Margaret embarking on a backcountry excursion on skis, on foot, or by boat through the Colorado wilderness.
Sarah Rice is thrilled to serve as the Co-Symposium Editor for Volume 20 of the University of Denver Water Law Review. Sarah is a 2L at the University of Denver Sturm College of Law and earned her B.A. in English and American Cultures from the University of California, Santa Barbara. Sarah left California in the pursuit of outdoor adventure, drought-free living, and less expensive property. In her short time at Sturm, she has been honored to serve on the board of the University of Denver Law Student Ambassadors, Land Use Law Society, National Women Law Student Organization, and as a Project Manager on the Tribal Wills Project. This summer, she enjoyed clerking in the trial department at Davis Graham & Stubbs LLP. In the Fall, she is participating in the Workplace Rights Project at Sturm. When she is not at school, Sarah enjoys camping, backpacking, and fully taking advantage of everything Colorado has to offer. She has recently started to fall down snowy hills in an attempt to ski.
Victoria is excited to serve as an Article Editor for Volume 20 of the University of Denver Water Law Review. Victoria is a 3L originally from Arcadia, California. She graduated from the University of San Diego with a degree in English, where she found her passion for researching and writing. Victoria realized she also had a passion for the outdoors while running cross country and track in college. She came to Colorado to pursue both of these passions and explore a career in environmental law. Victoria gained valuable experience this summer as a legal intern at the U.S. Department of Energy and hopes to use her refined legal writing skill set and knowledge about contemporary issues in environmental law to enhance the journal this year.
Whitney is honored and excited to be part of such an incredible Water Law Review staff. Her interest in water law stems from her childhood on her family farm in Idaho. Her father grew beer, as he put it, and water was critical to the quality of the barley crops and to her family’s well-being. Whitney earned her bachelor's degree in journalism from Dixie State College in southern Utah and her master’s degree in journalism from the Walter Cronkite School at Arizona State University. After graduating from ASU, she worked as a crime, agriculture, and business reporter for The Tribune in Greeley, Colorado. After reporting for two years, she decided to finally pursue her childhood goal of following in her big brother’s footsteps to become an attorney. In her spare time, you’ll find Whitney outside, marveling at Denver’s beauty.
Tucker is thrilled to serve as an Article Editor for Volume 20 of the University of Denver Water Law Review. Tucker is a 2L 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 interest 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 that interest. During his time at DU, Tucker has served as a staff-editor for the Water Law Review, a 1L board member on the Land-Use Law Society and as a Summer Clerk for the United States Attorney’s Office for the District of Colorado. He will also be serving as Secretary for the Land Use Law Society for the 2016-2017 year. Tucker enjoys spending time with his friends and family, reading, and rooting for the Denver Broncos.
Josh is excited to serve as an Article Editor for Volume 20 of the University of Denver Water Law Review. Josh is a 2L 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 past summer, Josh gained further experience in his fields of interest by working as a summer associate 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.
Vann was born and raised in Colorado and is a 2L with an interest in environmental, water, and natural resource law. He earned his B.A. in Humanities from the University of Colorado 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. When Vann’s not at school, he enjoys backpacking with his wife, music, and Colorado sports.
Kathleen (K.C.) Cunilio
K.C. is looking forward to this year as Online Content Editor of the University of Denver Water Law Review. K.C. is a 3L, originally from Villanova, Pennsylvania. Eight years ago, K.C. ventured west to attend the University of Colorado at Boulder and has been a Boulder transplant ever since. She has a background in blogging with the Colorado-based craft beer blog, PorchDrinking.com, and hopes to expand the Water Law Review’s online presence this year. Notably, K.C.’s two area of law interests – tribal law and marijuana law – both implicate important water law-related issues. K.C.’s favorite body of water, located amidst the Adirondack Mountains in upstate New York, is Lake George, also known as “The Queen of Lakes.” K.C. prefers to visit this majestic lake (and all other lakes) with her trusty steeds – Hudson and Tank, a father-son Golden Retriever duo. And although he does not care for water, K.C. also enjoys spending time with her Persian cat, Snicklefritz.
Monica Cueva Kretzschmar
Monica is ready to take on her role as sources editor for Volume 20 of the University of Denver Water Law Review Editorial Board. Monica was born and raised in South Texas where she developed an appreciation for the sea and all things aquatic. She attended Texas A&M University and graduated with a bachelor’s degree in Political Science and Spanish. During her time at Texas A&M she developed an interest in horticulture and, consequently, the need for environmental conservation. Seeking a change in scenery, she moved to Colorado in 2014 to attend law school. Throughout law school, Monica has perused many legal curiosities and has found that her skills can best be used working for and with the Spanish speaking community. Though she misses the sea at times, she is thoroughly enjoying the Colorado life!
Heather Campbell Burgess
Heather is excited to take the role of production editor for Volume 20 of the University of Denver Water Law Review Editorial Board. Heather grew up in Michigan and attended the University of Michigan where she became an die-hard Michigan football fan. She graduated with a bachelor’s degree in Political Science and Spanish. After spending sometime in Spain and San Francisco, the Colorado scenery and lifestyle lead Heather to the University of Denver for law school. Seeing first-hand the importance of water in California and Colorado she developed an interest in water rights and conservation. This past summer, Heather explored a variety of her legal interests working as a summer associate at a law firm. In her spare time, you’ll find Heather teaching her Siamese-Tabby cat, Gizmo, to sit and stay, spending time outdoors, and cheering on Michigan football every Saturday.
As a second-year law student, Dana Showalter is excited to use her skills to support the University of Denver Water Law Review as the Business Editor. Dana received a bachelor's degree in engineering from the University of Iowa and an MBA from the University of Texas. Dana is pursuing her law degree as a complement to her engineering and business background. She is creating her own path through law school mixing corporate law, energy law, and patent law. She spends her "free time" playing competitive volleyball, as well as exploring the beauty of Colorado and the Rocky Mountains with her daughter.
Robert grew up on a corn farm in central Kansas and started his college career in Mechanical and Nuclear Engineering at Kansas State University. He wasn't fond of differential equations so he moved to Colorado in 2003 and finished his associates degree in Ski Area Operations at Colorado Mountain College in Leadville. He worked winters as a certified ski instructor for a couple of seasons before joining the Vail Public Safety Communications Center where he was a 911 dispatcher for 10 years and worked on a wildfire team as a radio technician for 7 years. He finished his bachelors degree in 2015 in Business Management from Colorado State University - Global Campus and decided to pursue a career in law. His interests are climbing, back-country skiing, mushroom hunting, duck hunting, fishing, gardening (when he's not staring at a mess of weeds), and cars. He is a private pilot. He is also working on a guide book for some obscure peaks in Colorado.
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.
Federico Cheever is Professor of Law at the University of Denver Sturm College of Law. After graduating from Stanford University (B.A./M.A. 1981) and UCLA (J.D. 1986), and clerking for Judge Harry Pregerson of United States Court of Appeals for the 9th Circuit in Los Angeles (1986-1987), he came to Denver as an Associate Attorney for the Sierra Club Legal Defense Fund (1987-1989). Between 1990 and 1993, he was an associate at the law firm Faegre & Benson, in Denver, doing commercial and environmental litigation. He began teaching at the University of Denver College of Law in 1993 specializing in Environmental Law, Wildlife Law, Public Land Law, Land Conservation Transactions, and Property. Professor Cheever served as the Hughes/Rudd Research Professor at the University of Denver College of Law 2002. He briefly left Denver in 2000 to be a Visiting Fellow at Queen Mary and Westfield College, University of London. He served as a Visiting Professor at Northwestern Law School, Lewis & Clark College during the summer of 2005. In 2007 he was a visiting research fellow at the Australian National University in Canberra, ACT. From 2005-2007 he served as an adjunct professor at the Colorado School of Mines, teaching Environmental Law. In 2006 he was selected DU Law Star for excellence in teaching. In 2011, the students of the College of Law chose Prof. Cheever the Most Outstanding Faculty Member for that year. Professor Cheever writes extensively about the Endangered Species Act, federal public land law and land conservation transactions. He has recently co-authored a natural resources casebook, Natural Resources Law: A Place-Based Book of Problems and Cases, with Christine Klein and Bret Birdsong (3rd ed. 2013). Between 2009 and 2014, Professor Cheever served as Associate Dean for Academic Affairs at the College of Law.
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
N. Rioux Jordan
Lindsay A. Ratcliff
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