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WATER RIGHTS

WWE’s hydrologists, computer scientists, water resource engineers, and modelers provide complete services in the field of water rights. Some of our clients have been with us for 40 years, while other assignments are concluded successfully in only a few weeks or months.

Water rights that are best for oil and gas operators are different than those required by a municipal water utility or an agricultural interest; WWE has the background to consider all aspects of a water rights program for all types of clients. Our two real estate appraisers supply an additional dimension of water rights expertise, whether for condemnation proceedings, sales, or tax purposes. WWE works closely with attorneys specializing in water rights throughout the adjudication process.


Water Rights and Hydrology Evaluation

WWE staff members have years of experience in water rights engineering throughout the Colorado and in neighboring states. Our services range from a preliminary evaluation of water rights through engineering and testimony for water court decrees. WWE’s staff of engineers, hydrogeologists, and wetland scientists provide full capability in analyzing water rights. Analyses are performed efficiently with the use of the latest GIS mapping and data management techniques.

WWE works closely with water attorneys to effectively serve the needs of our clients. In Colorado, typical work tasks include analysis of data and relevant existing decrees from the Colorado Decision Support System (CDSS) database. From this point, analyses and modeling of the water rights are performed. Legal and physical availability of water is evaluated through analysis of historic diversion records as well as consideration of call records.


Valuation (Appraisal) Services

WWE has been performing appraisals of water rights and water and wastewater facilities since 1963, when WWE was retained by Adolph Coors Company for engineering consulting related to valuation of Clear Creek rights in Golden. WWE’s extensive background in water rights, design, and construction complements our valuation services and enables us to develop reasonable, supportable valuations. WWE staff members are knowledgeable of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), commonly referred to as the “Yellow Book.”

With client input, WWE develops the scope of work necessary for the appraisal intended use, which can vary from decision making with regard to an asset to appraising the value for tax purposes. The highest and best use analysis is the foundation of developing and communicating the indicated value. Three approaches to valuation are considered—the cost approach, the sales comparison approach, and the income capitalization approach—but some approaches may be more applicable depending on the particular assignment.

Following the appraisal licensing legislation of 1989, WWE has performed numerous appraisals. WWE’s Patricia Flood and Kenneth Wright hold appraisal certifications with the State of Colorado. They are coauthors of the Colorado Water Trust’s Water Rights Handbook for Colorado Conservation Easement Professionals on the topic of appraising water rights.


Augmentation Plans

WWE is experienced in planning, preparing, and executing augmentation plans for a wide variety of water rights clients. In 1967-68, WWE was hired by Felix Sparks of the Colorado Water Conservation Board to assist with water administration and to improve efficiency of water use. WWE formulated and recommended the use of water augmentation plans to allow for enhanced beneficial use of water. WWE’s work helped lead to the Water Rights Determination Act of 1969. WWE’s augmentation planning services have continued to the present for a variety of water districts and municipal, agricultural, and industrial clients.


Substitute Water Supply Plans

Often a client will need a Substitute Water Supply Plan (SWSP) prior to an augmentation plan to allow temporary water use until the augmentation plan is decreed. The WWE approach to SWSP assignments is to minimize controversial issues to promote quick and routine approval of the plans by the Office of the State Engineer. WWE has prepared numerous SWSPs and has assisted clients with evaluation of replacement water supplies.


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CONTACTS

Rachel Pittinger, P.E.

Kenneth Wright, P.E., D.WRE

Marshall Haworth

Pete Foster, P.E. (Durango)

Jonathan Kelly, P.E. (Glenwood Springs)