News
Colorado Legislature Protects Existing Recreational Water Rights
On May 25, 2017, the Colorado legislature passed House Bill 17-1990 addressing the 2015 Colorado Supreme Court decision of St. Jude’s Co. v. Roaring Fork Club LLC denying a private club’s ability to obtain an instream water right. Colorado, as a prior appropriation...
The Complicated Consequences of a Simple Change
Colorado water law provides a simplified procedure to change a water right when the only change is in the point of diversion of a surface water right where there are no intervening diversions or inflows between the old and new locations. C.R.S. § 37-92-305(3.5). This...
Colorado Supreme Court upholds retroactive tax assessment against oil and gas lessee
On June 19, 2017, the Colorado Supreme Court ruled against the petition of Kinder Morgan CO2 Co., LP -- the operator of oil and gas leaseholds -- disputing the Montezuma County Assessor's 2009 corrective tax assessment on leaseholds for the prior tax year which...
Welcome Geoffrey Storm
Welborn Sullivan Meck & Tooley is pleased to announce the addition of Geoffrey W. Storm as an associate in our Denver office. Geoff’s practice will focus on regulatory matters before the Colorado Oil & Gas Conservation Commission. Read our Press...
Colorado Supreme Court Rules in Favor of Condominium Developers in Construction Defects Cases
On June 5, 2017, the Colorado Supreme Court issued a decision in Vallagio at Inverness Residential Condo. Ass’n v. Metro Homes, Inc., 2017 CO 69, June 5, 2017 (“Vallagio”) that will likely benefit condominium developers in Colorado by helping to alleviate litigation...
Welborn Attorneys Named 2017 Super Lawyers and Rising Stars
Welborn extends congratulations to John Masterson and Ken Barbe selected as 2017 Mountain States Super Lawyers as well as Alaina Stedillie selected as a 2017 Mountain States Rising Star.
Paris Agreement Exit: Who Holds the Real Power?
President Trump announced on June 1 that the United States is withdrawing from the Paris Agreement. The announcement follows months of uncertainty about whether President Trump would fulfill his campaign pledge to withdraw U.S. participation in the deal (which was...
Welborn Ranked by Chambers USA for 2017
Chambers USA ranks J. Kenneth Barbe in the practice areas of Real Estate and Corporate/M&A in Wyoming, John A. Masterson in the practice area of Litigation in Wyoming, and Keith D. Tooley in the practice area of Natural Resources in Colorado. Additionally,...
Monument Making, the Antiquities Act of 1906 and the Extent of Presidential Power
On April 26, 2017, President Trump issued an Executive Order (“EO”), “Review of Designations under the Antiquities Act,” to address what he called a “massive federal land grab.” The EO directs Interior Secretary Zinke to review all monument designations made under the...
Wyoming Supreme Court Justices Disagree: Were Tax Assessments of Minerals Constitutional?
As noted in a prior blog post, Wyoming’s Supreme Court Justices agree most of the time. In fact, in 2016 more than 95% of the Court’s orders and opinions were unanimous. This post highlights a recent disagreement between the members of the Wyoming Supreme Court in the...
Colorado Legislature Considers Limitations On “Force Pooling”
Rep. Mike Foote (D-Lafayette) and Rep. Dave Young (D-Greeley) introduced House Bill HB17-1336, legislation which would prevent a lessee representing less than a majority of the mineral royalty owners from obtaining a force pooling order. The authors of the legislation...
COGCC: A Balancing Act or “Subject To” Protection of Health, Safety, and Environment – A Surprising Decision from the Colorado Court of Appeals
A recent decision from the Colorado Court of Appeals (“Court”) could mean a new focus for the Colorado Oil and Gas Conservation Commission (COGCC). On March 23, a three-judge panel issued a split decision in Martinez v. Colo. Oil & Gas Conservation Comm'n, 2017...