WATER LAW
University of Denver
Sturm College of Law
Fall, 2012
Monday · 4:15 – 6:45 ·
SCOL Room 280
Adjunct Professor Star L. Waring, J.D.
swaring@dietzedavis.com
Office Hours: by appointment
I. COURSE DESCRIPTION
This course will include a review of the laws in different regions of the United States
governing the allocation of water resources, administrative processes affecting water
distribution, and policy considerations that influence decisions about the use and
management of water resources. We will examine state and federal laws affecting water
allocation with strong emphasis on Colorado law. We will also review the legal
distribution of power among federal, state, and tribal governments over water resource
use and allocation, including regulation of water quality, federal and Indian reserved
rights, and hydropower licensing. There will be lectures dealing with specialized topics
that water lawyers are likely to encounter in everyday practice, including guest lectures
by attorneys and engineers with expertise in various types of water practice.
II. COURSE OBJECTIVES
The goal of this course is to explore the vast number of issues that that may arise in the
practice of water law, and as experienced by policy makers and citizens in making
decisions about water resource allocation. By the end of the semester, you will be
expected to know and understand the following:
1. Have an analytical framework from which to understand the nature and
complexity of water law and policy.
2. Be able to identify the major principles, regimes, and rules designed to create and
allocate both surface water and groundwater rights, with emphasis on Colorado
law.
3. Be able to identify the scope of state, federal and tribal interests in water
resources.
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Syllabus - Spring, 2011
III. COURSE MATERIALS
a. Required text - TARLOCK, ET AL. WATER RESOURCE MANAGEMENT: A CASEBOOK ON
LAW AND POLICY 6th Edition (2009)
b. Recommended reading – Citizen’s Guide to Colorado Water Law, published by the
Colorado Foundation for Water Education and available online at www.cfwe.org.
c. Additional reading assignments, including relevant Colorado cases and materials, and
any materials provided by guest speakers, will be posted on Blackboard throughout the
semester.
IV. REQUIREMENTS
a. Students will be evaluated on the learning objectives identified above on the basis of the
following three requirements:
1.
Class participation (20% of your final grade) – Attendance is mandatory. Each
student is expected to come to class prepared to discuss the key issues, problems
and questions presented in the material assigned for each class. I will randomly
call on students in the class in order to stimulate discussion of issues. Students are
responsible for knowing all of the material in the assigned reading even if we do
not discuss it in class.
2. Individual and group problem solving exercises (15% of your grade) –
Throughout the semester we will devote class time to working on issues that will
then be presented to the entire class for discussion. The timing of these exercises
will not be announced in advance so I encourage you not to miss class.
3.
3. Final Exam (65% of your final grade) – TBD. The final examination will likely
be a take home exam with questions based upon hypothetical fact patterns. However,
I may consider using an in-class final exam instead.
V. OFFICE HOURS AND CONTACT INFORMATION
a. You may email me to discuss any questions you may have about the readings, lectures or
anything else that may happen to be on your mind. Also, feel free to schedule an
appointment to meet in person or by phone. I will not have regular office hours but I can
meet with you by appointment, preferably before or after class.
b. Although I do have voice mail at my law office, email is the most efficient way to
contact me. Please do not leave voicemail messages, as I am unlikely to receive them in
a timely manner.
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Water Law
Syllabus - Spring, 2011
VII. OTHER MATTERS
a. If you qualify for an accommodation because of a documented disability, please consult
with the Registrar to determine an appropriate accommodation.
b. I will make every effort to reasonably accommodate all students who, because of religious
and other obligations, have conflicts with assignments or required attendance.

In order to receive an accommodation for VII.b, you need to notify me at
least two weeks in advance of the scheduled conflict.
c. The course will be utilizing Blackboard. We will use Blackboard for discussion of issues
outside of the classroom, posting of assignments, announcements, supplementary material,
and up to date information on the course. Blackboard will also contain the course
syllabus that will be updated should revisions become necessary.

Information contained on Blackboard —including but not limited to the
syllabus, course outline, readings, and course policy—should be considered
the definitive version.
d. Classroom Etiquette and Technology Policy
Proper conduct in the classroom is intended to encourage everyone to participate in, to derive
benefit from, and ultimately to enjoy the class. It is perfectly acceptable and indeed
professionally required, that you demand professional behavior of your classmates in and out
of class.
Technological devices, in particular, can be distracting to your classmates and me and thus
undermine that goal.
In order to facilitate focused interactive class discussion, there will be occasions when the
class will be asked to close their notebook computers and/or turn off technology they have
been using If a student uses classroom time to read or send e-mail messages, visits web sites
that the class has not been instructed to visit at that particular time, or engages in any other
online or technology based activities (including cellular telephones, text-messaging, etc. . )
not directly related to the current classroom discussion, then that student will be asked to
leave and will not be permitted to bring their laptops or cell phones to class for the
duration of the course.

Behavior which interferes with the learning ability of your classmates will be
sanctioned accordingly.
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Water Law
Syllabus - Spring, 2011
VIII. CLASS SCHEDULE:
A.
Week One
August 20 – OVERVIEW OF WATER LAW SYSTEMS; WATER LAW AND POLICY
(Professor Waring);
Guest Lecture –THE DITCH PROJECT (Elizabeth Black)
Readings:
 TARLOCK, ET AL. WATER RESOURCE MANAGEMENT: A CASEBOOK ON LAW
AND POLICY 6TH EDITION (2009) (“TARLOCK”), pp. 1- 57; 71 - 76
B.
Week Two
August 27 Guest Lecture –THE ROLE OF CLIMATE ON WATER LAW, CULTURE AND HISTORY
(Justice Greg Hobbs of the Colorado Supreme Court);
WATER LAW AND POLICY - PRIOR APPROPRIATION (Professor Waring)
Readings:
 TARLOCK, 76 – 84; 94 - 102; 154-184
C.
Week Three
SEPTEMBER 10 - WATER LAW AND POLICY – RIPARIAN RIGHTS
Readings:
 TARLOCK, 58 – 71; 84 – 94; 112-154;
D.
Week Four
September 17 - PRINCIPLES OF PRIOR APPROPRIATION (Professor Waring)
Readings:
 TARLOCK, 184 -229
E.
Week Five
September 24 – STATUTORY PERMIT SYSTEMS AND WATER LAW TRENDS
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Water Law
Syllabus - Spring, 2011
Readings:
 TARLOCK, 230 – 282
 Archuleta v. Gomez case on adverse possession (posted on Blackboard)
F.
Week Six
October 1 - Guest Lecture - THE ROLE OF WATER ENGINEERS (Gregg Ten Eyck, P.E);
PRIOR APPROPRIATION; STATUTORY PERMIT SYSTEMS AND WATER LAW TRENDS
(Professor Waring)
Readings:
 TARLOCK, 294 - 350
G.
Week Seven
October 8 – INSTREAM FLOW PROTECTION; WATER TRANSFERS AND CHANGED USES
Readings:
 Tarlock, 350 – 399
 Additional materials posted on Blackboard including the “FRICO”
case
H.
Week Eight
October 15 – Guest Lecture -– MUTUAL DITCH COMPANIES (John McKenzie, Executive
Director, Ditch and Reservoir Company Alliance;
WATER SUPPLY ORGANIZATIONS; WATER RIGHTS TITLE (Professor Waring)
Readings:


I.
Tarlock, 768 – 795
Selected materials to be posted on Blackboard
Week Nine
October 22 – GROUNDWATER LAW
Readings:

Tarlock, 545 – 577; 595 – 624
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Water Law
Syllabus - Spring, 2011

J.
Selected cases and statutory provisions to be posted on Blackboard
including the “Huston” case.
Week Ten
October 29 - THE PUBLIC TRUST; NAVIGATION SERVITUDE; PUBLIC RIGHTS TO
SURFACE USE; “TAKING” A WATER RIGHT
Readings:
 TARLOCK, 400-434, 460 - 544
K.
Week Eleven
November 5 – Guest Lecture - FEDERAL POWER ACT LICENSING (Karl Kumli,
Attorney at Dietze and Davis);
FEDERAL PLANNING AND DEVELOPMENT OF WATER RESOURCES, THE
RECLAMATION ACT (Prof. Waring)
Readings:
 Tarlock, 714 – 728; 796 – 858
M.
Week Twelve
November 12 - Guest Lecture - ENVIRONMENTAL PROTECTION AND WATER LAW
(Melinda Kassen, Consultant with Water Jammin’);
FEDERAL REGULATION OF WATER (Prof. Waring);
Readings:
 TARLOCK, 655 – 687; 701 – 714; 747-767
N.
Week Thirteen
November 19 – FEDERAL AND INDIAN RESERVED RIGHTS
Readings:
 TARLOCK, 102 – 111, 859-937
O.
Week Fourteen
November 26 – INTERSTATE ALLOCATION
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Syllabus - Spring, 2011
Readings:
 TARLOCK, 938-948, 951 – 987; 995 - 1011
FINAL – TBA (December 6 – 18)
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