Title and Due Diligence

Buying land in Colorado and need to know your ? I can help. I have a great deal of experience in researching Colorado to determine which rights are associated with the land, the extent of those rights (e.g. seniority, amount, place of use, type of use, historic diversions) and the status of the title to the . My background in natural resources management and previous work with a Colorado firm make me particularly qualified to handle water title and due diligence matters.

There are many potential problems with that will not be revealed by simply searching the recorded real property records of the local clerk and recorder. For instance, a water right decreed for a certain amount on paper and described as such on a recorded deed may actually be good for a lesser amount of water if State Engineer records reveal a historic pattern of diversions in amounts less than the decreed amount. Or, the water right could have been abandoned through a prolonged period of non-use. A thorough water title and due diligence effort includes, but may not be limited to, searching recorded documents, ditch company records and State Engineer records; on the ground investigations; and interviews with local Water Commissioners.

Thorough due diligence work often calls for the attorney to work in collaboration with a water engineer. In the due diligence phase of a water transaction, engineers are capable of determining the actual historic consumptive use of water, a key factor in determining the value of the water right. Their work also aids in assessing the suitability of the water right for any new intended use.