Assistant Attorney General – Water Resources/Water Conservation

The Water Resources Unit and the Water Conservation Unit of the Natural Resources and Environment Section are seeking an experienced attorney with a passion for Colorado water law and a desire to work on the appropriation, adjudication, administration, and protection of surface and groundwater water rights on behalf of the people of Colorado. Few law practices offer a comparable opportunity to work directly with the leaders of state agencies and water users across the state to optimize the beneficial use of Colorado’s water supplies and protect the rule of law governing the appropriation and use of water for each of Colorado’s unique river basins and aquifers. The State of Colorado is a longstanding leader in prior appropriation systems of western states and a more recent leader in the integration and conjunctive use of surface and groundwater supplies that are vital to our livelihoods. Colorado is also a front runner in protecting the environment under the Colorado Water Conservation Board’s water rights for instream flows and natural lake levels.  This attorney will work as a part of a fast-paced team of professionals dedicated to furthering the interests of Colorado’s Division of Water Resources and the Colorado Water Conservation Board.

WHAT YOU WILL DO

The Water Resources Unit represents the Colorado Division of Water Resources (DWR), which includes the Office of the State Engineer, the seven Division Engineers of Colorado’s seven Water Divisions (South Platte, Arkansas, Rio Grande, Gunnison, Colorado, Yampa/North Platte, and San Juan/Dolores Rivers), the Dam Safety Section, the Colorado Groundwater Commission, and the Colorado Board of Examiners of Water Well and Geothermal Heat Exchanger Contractors.  The position will represent these clients in judicial proceedings, including in various water court matters: applications for new water rights, changes of water rights, plans for augmentation, injunctive proceedings to enforce orders of the Division Engineer, and any other applications under Colorado’s Water Right Determination and Administration Act. This position will also represent the clients in administrative proceedings, including administrative objections to DWR well permit issuances and denials, appeals of agency decisions, the promulgation of agency and Board rules and regulations, and other water use related matters. This position will provide general counsel advice on water rights administration, decree interpretation, the Colorado Open Records Act, Colorado Open Meetings Law, and the Administrative Procedures Act. 

The Water Conservation Unit represents the Stream and Lake Protection Section of the Colorado Water Conservation Board (CWCB) in the acquisition, adjudication, and protection of instream flow water rights. The Unit also advises the Finance Section and the Watershed and Flood Protection Section of the CWCB in implementation of their programs, as well as represents other state agencies in the adjudication and protection of water rights.

The Assistant Attorney General will join a dedicated team of water attorneys working on behalf of the State of Colorado and its state agencies to defend the rule of law, protect the water resources of the State of Colorado, and to maximize the beneficial use of water for Colorado’s growth and prosperity. The attorney may work for one or both of the units described above. The attorney will advise clients on a wide variety of programs and substantive and procedural legal issues and primarily represent DWR or the CWCB in administrative and judicial proceedings. This work will include handling water right matters, enforcement actions, and appeals of water court decisions or final agency actions, and providing advice and representation to our clients on rulemaking proceedings.

WHAT WE ARE LOOKING FOR

The Water Resources Unit and the Water Conservation Unit are seeking a talented and enthusiastic attorney with experience in water law to join our Units. This position offers an exciting opportunity to serve as a lead litigator and mentor, focusing on representation of the state agency in charge of administration of water rights in Colorado and the state agency with the exclusive authority to appropriate and acquire instream flow water rights for the preservation of the natural environment. 

Applicants must be admitted to the Colorado bar or be clearly eligible to waive into the Colorado Bar and be in good standing at the time of application. Applicants eligible to waive into the bar must be eligible to Practice Pending Admission. 

For this position, we are most interested in candidates with strong experience in civil litigation, including trial experience and experience with Colorado water law, the State Administrative Procedures Act, rulemakings, negotiating settlements, and transactional work. Please highlight and detail your trial, motions, and discovery experience in your cover letter. We are also seeking candidates who have:

• A genuine enthusiasm for water law
• Experience with water court practice and negotiation of water court decrees 
• Experience with reviewing water rights engineering and water rights accounting 
• Excellent writing, analytical, and oral advocacy skills 
• Keen attention to detail
• Excellent communication, interpersonal, and leadership abilities   
• Ability to handle a heavy caseload and a fast-paced litigation environment
• Ability to be a self-starter who is capable of and enjoys working independently and as a team member
• Desire and ability to be responsive and timely in all communications to clients and colleagues
• Confidence to work well with technically and legally sophisticated clients
• Eagerness to be resourceful and to take initiative to learn complex subject matter
• Strong analytical, problem-solving, and decision-making skills  
• Excellent communication, interpersonal, and leadership abilities  
• Ability to handle sensitive and confidential matters with discretion and integrity  
• Demonstrated commitment to promoting a culture of integrity and accountability within the office  
• Maturity and judgment when dealing with high-level stakeholders, including knowing when to consult teammates and supervisors  
• A demonstrated commitment to public service, ethics and professional responsibility 

For the Senior Assistant Attorney General position, we are seeking applicants who have the above qualifications, plus:

• A minimum of 10 years as a subject matter expertise in water law
• At least five years of experience in water court litigation practice in Colorado Water Courts as lead counsel
• Significant experience with water court practice and negotiation of complex water court decrees in Water Division 1 
• Experience drafting substantive Rule 56 motions in Colorado water court proceedings 
• Trial or hearing experience as lead counsel  
• Experience providing counsel to a client related to the management, accounting, and planning for raw water resources 
• Experience mentoring others or successfully leading teams in a legal setting 
• In-depth knowledge of legal ethics rules, regulations, and best practices  

A Senior Assistant Attorney General is expected to handle a full water court and administrative caseload and to lead enforcement actions while serving as general counsel to the clients and as a resource and a mentor to more junior attorneys in the Units, including providing guidance on work product, client trainings, and public presentations.

The Office of the Attorney General offers challenging, interesting, and meaningful work. We are an equal opportunity employer and believe that a diverse work force adds quality and perspective to the services we provide to the public. Candidates with diverse qualities and backgrounds are encouraged to apply.

This recruitment may be used to fill more than one Assistant Attorney General position in the Water Conservation/Water Resources Units.