Water law is a complex amalgamation of common law, statutory law, and regulations. Water law can be generally subdivided into two areas: water use rights; and restrictions on water pollution. However, water law can often involve other areas of the law like personal injury/damage issues, corporate liability issues, and other legal issues within the context of water use, pollution, or otherwise.
Water law in Utah and other western states begins with the fundamental doctrine of beneficial use. With some exceptions, this doctrine requires that those who own the right to use water to put the water to beneficial use or possibly face loss of those rights through claims of forfeiture or abandonment. Inasmuch as the vast majority of water use in Utah has been claimed or adjudicated for nearly 100 years, many water disputes in Utah involve claims between water users for interference with the use of a water right or disputes involving a water user’s place of use, type of use, and points of diversion. Additionally, water law also covers the use of water by irrigation or canal companies as well as disputes between shareholders of such companies.
WATER LAW ATTORNEYS IN UTAH
Water pollution law is an incredibly complex and ever-changing area of the law, made up of common law and other regulatory programs. Water pollution law can involve areas of common law such as nuisance, trespass and negligence, but more often it involves an interwoven and overlapping network of federal and state statutes and regulations, including: state laws regulating surface water discharges from point sources; sedimentation and erosion; stormwater runoff; land uses in nutrient-sensitive waters and water supply watersheds; and sources of groundwater pollution. Other federal regulatory programs include regulation of wetlands and construction in navigable waters and establishment of total maximum daily loads in highly polluted surface water bodies.
Christensen & Jensen’s Dave Richards is the chair of the firm’s water law practice group. He brings decades of experience to bear on a multitude of diverse water law issues. Christensen & Jensen has represented some of the largest water related entities in the state of Utah, as well as individual water users, shareholders and, water rights owners.
Water law services provided by Christensen & Jensen include:
- Change Applications
- Shareholder Derivative Suits
- Condemnations
- Forfeiture Claims
- Canal and Dam Safety Compliance
- Personal Injury and Property Damage
- Flooding Claims
- Water Infrastructure and Contracts
- Corporate Compliance
- Director/Officer Defense
CHRISTENSEN & JENSEN’S WATER LAW ATTORNEYS
REVIEWS
Barry Scholl has been counsel for my high-end fashion and gift shop for a number of years. He has helped us with leases and other contracts, company trademarks and other issues. Barry works hard to understand his clients’ needs and is always happy to answer our questions or to deal with time-sensitive matters. We recommend him highly to fellow business owners.
Sheridan Mordue
Owner/President
Hip and Humble Inc.
Barry Scholl has been counsel for my high-end fashion and gift shop for a number of years. He has helped us with leases and other contracts, company trademarks and other issues. Barry works hard to understand his clients’ needs and is always happy to answer our questions or to deal with time-sensitive matters. We recommend him highly to fellow business owners.
Sheridan Mordue
Owner/President
Hip and Humble Inc.
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