Peter D. Nichols

Peter D. Nichols Partner

  • Education
  • J.D., University of Colorado School of Law (2001)
  • M.P.A., University of Colorado (1982)
  • B.A., Political Science & Biology, The Colorado College (1970)
  • Admissions
  • Wyoming (2017)
  • U.S. Supreme Court (2005)
  • 1st Circuit U.S. Court of Appeals (2008)
  • 2nd Circuit U.S. Court of Appeals (2005)
  • 9th Circuit U.S. Court of Appeals (2013)
  • 10th Circuit U.S. Court of Appeals (2003)
  • 11th Circuit U.S. Court of Appeals (2007)
  • U.S. District Court for Colorado (2003)
  • Colorado (2001)
  • Experience
  • Reported Cases
  • Honors
  • Appointments
  • Teaching and Speaking
  • Professional Associations
  • Publications

Peter Nichols practices water law, water quality law, environmental law, and land and water conservation law. In addition to water law and water quality issues, Peter has particular expertise in the federal Clean Water Act and water rights, conservation easements involving water rights, and the temporary use of agricultural irrigation water rights to meet municipal needs.

Peter serves special counsel to the Lower Arkansas Valley Water Conservancy District on water and agricultural conservation, and as special counsel to the Lower Arkansas Valley Super Ditch Co., Inc., on water leasing for municipal use. He formerly served as general counsel to the Upper Black Squirrel Creek Ground Water Management District.

He has also handled water rights and environmental matters for numerous municipalities, including Woodland Park, Monte Vista, Saguache, Crestone, and Ouray, energy companies, such as Puckett Land Company and Thermo Power, industrial entities, such as Emerson Electric/Micro Motion, mining companies Gold Links Mining and the Revenue Virginius Mine, as well individual farmers and ranchers, among others.

Recent and present conservation clients of Peter’s include Mesa Land Trust, Yampa Valley Land Trust, Colorado Open Lands, Aspen Valley Land Trust, Pitkin County, Great Outdoors Colorado (GOCO), and the Colorado Water Trust.

Nichols serves as special assistant attorney general to Colorado and New Mexico in national litigation involving the Clean Water Act, e.g., Miccosukee Tribe of Indians v. So. Florida Water Mgmt. Dist., 541 US 95 (2004). He also represents western water users in these matters, including the National Water Resources Association, Western Urban Water Coalition, Denver Water, Aurora Water, Colorado Springs Utilities, City of Boulder, Central Arizona Water Conservation District, Metropolitan Water District of Southern California, East Bay Municipal Water District, Salt Lake & Sandy Metropolitan Water District, Central Utah Water Conservancy District, Southern Nevada Water Authority, and Truckee Meadows Water Authority, among others.

Peter is an avid climber, skier and cyclist, as well as a former (and still occasional) international mountaineering guide.

  • Catskill Mountains Chapter of Trout Unltd., Inc. v. U.S. Environmental Protection Agency¸ Case Nos. 14-1823, 14-1909, 14-1991, 14-1997, 14-2003 (2nd Cir. 2017).
  • Grand Valley Water Users Ass’n v. Busk-Ivanhoe, Inc., 2016 CO 75.
  • Catskill Mountains Chapter of Trout Unltd., Inc. v. U.S. Environmental Protection Agency¸ 8 F. Supp. 3d 500 (S.D.N.Y. 2014)
  • Mesa County Land Conservancy, Inc. v. Allen, 318 P.3d 46 (Colo.App.2012), cert. denied (Colo. 2013).
  • Cherokee Metro. Dist. v. Meridian Service Metro. Dist.,266 P.3d 401 (Colo. 2011).
  • Centennial Water and Sanitation Dist. v. City and County of Broomfield, 256 P.3d 677 (2011).
  • Cherokee Metro. Dist. v. Upper Black Squirrel Creek Designated Ground Water Management Dist, 247 P.3d 567 (Colo. 2011).
  • Friends of the Everglades v. South Fla. S. Water Mgmt. Dist, 570 F.3d 1210 (11th Cir. 2009), denied en banc, 605 F.3d 962 (11th Cir. 2010), cert denied 131 S. Ct. 645 (U.S. 2010).
  • Meridian Ranch Metro. Dist. v. Colorado Ground Water Comm'n, 240 P.3d 382 (Colo. App. 2009), cert denied (2009).
  • Friends of the Everglades v. South Fla. Water Mgmt. Dist., 2006 WL 3635465 (S. Fla. Dist. Ct. 2007).
  • High Plains A&M, LLC v. Southeastern Colo. Water Conservancy Dist., 120 P.3d 710 (Colo. 2005).
  • South Fla. Water Mgmt. Dist. v. Miccosukee Tribe, 541 U.S. 95 (2004).
  • AV Rating, Martindale-Hubbell peer review ratings system (2012)
  • Presidents Award, National Water Resources Association (2004)
  • Outstanding Natural Resources Scholar, University of Colorado School of Law (2001)
  • Special Assistant Attorney General, State of Colorado (2005 - )
  • Special Assistant Attorney General, State of New Mexico (2005 - )
  • Colorado Interbasin Compact Commission, gubernatorial appointments (2008, 2011 - )
  • Colorado River Commission, Advisor to Colorado Commissioner (2012 - )
  • Getches Wilkinson Natural Resources Law Center, University of Colorado School of Law, Advisory Board (2009 - )
  • Colorado Water Trust, Board of Directors (2009 - 2011), Director Emeritus (2011 - )
  • Colorado Water Quality Control Commission, gubernatorial appointments, 1992, 1996, Chair (1997 - 1998)
  • Colorado Environment 2000, gubernatorial appointment (1989 - 1990)
  • Garfield County, Colorado, Planning and Zoning Commission (1987 - 1993)

Continuing Legal Education, Seminars and Conferences 

  • Agricultural Water Sharing and Transfers 
    • "The Increasing Importance of 401 Certifications," CLE International: Environmental Permitting: Strategies & Trending Issues, Denver, Colorado (Feb. 27, 2017)
    • "Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social, and Economic Outcomes", University of Colorado School of Law, Getches-Wilkinson Center for Environment, Energy and Natural Resources, 2015 Martz Summer Conference, Boulder, Colorado (June 11, 2015)
    • Sustainable Agriculture and Food Systems Funders, Denver, Colorado (June 17, 2014)
    • National Water Resources Association, Columbia River Gorge, Washington (July 30, 2013)
    • Charting New Waters, The Johnson Foundation at Wingspread, speaker/panelist, Denver, Colorado (Oct. 6, 2011)
    • Washington State Senate Committee on the Environment, Olympia, Washington (Jan. 2010)
    • Eastern Washington Council of Governments, Spokane, Washington (June 26, 2009)
    • Ditch and Reservoir Alliance, Durango, Colorado (Feb. 11, 2010);Pueblo, Colorado (Feb. 20, 2009)
    • CLE International: Denver, Colorado (Mar. 13, 2009); Denver, Colorado (Dec. 1, 2009), and Denver, Colorado (Dec. 10, 2007)
    • Denver University Water Law Review (Feb. 2008)
    • University of Colorado School of Law, Natural Resources Law Center, conference chair/speaker (Dec. 11, 2008)
    • Colorado General Assembly, Interim Water Committee, Denver, Colorado (June 18, 2008)
    • Denver Chamber of Commerce, Denver, Colorado (Oct. 9, 2007)
    • Gunnison River Basin Roundtable, Gunnison, Colorado (Sept. 8, 2008)
    • La Junta Farm and Ranch Forum, La Junta, Colorado (Nov. 27, 2007)
    • Colorado Agricultural Water Alliance (Sept. 2007)
    • Colorado Foundation on Water Education, Sterling, Colorado (Aug. 27, 2007)
    • Colorado General Assembly, Joint Senate and House Agriculture Committee, Denver, Colorado (Aug. 17, 2007)
  • Water Marketing, CLE International
    • "Flexible Water Markets Webinar", (June 30, 2015)
    • Conference chair and speaker: Denver, Colorado (Dec. 10, 2009); Beaver Creek, Colorado (Dec. 10, 2010)
    • Speaker: Denver, Colorado (Dec. 9, 2011); Seattle, Washington (Sept. 23 & 24, 2010)
  • Water Rights in Western Conservation Easements
    • Land Trust Alliance, Seminar Chair, speaker, panelist, National Rally, Sacramento, California (Oct. 8, 2015); National Rally, New Orleans, Louisiana (September 17, 2013); National Rally, Portland, Oregon (Oct. 11, 2009); National Rally, Denver, Colorado (Oct. 2007); National Rally, Nashville, Tennessee (Oct. 2006)
    • Colorado Open Space Alliance, Telluride, Colorado (September 9, 2013)
    • Land Trust Alliance, Speaker: Southwest Regional Conference, Flagstaff, Arizona (2004); Southwest Regional Conference, Durango, Colorado (2005)
    • Colorado Coalition of Land Trusts' Annual Conference, Denver, Colorado (Feb. 27, 2006); (March 17, 2015)
    • Colorado Bar Association, Water Law Section, Denver, Colorado (Feb. 14, 2006)
    • Colorado Bar Association, Agriculture and Rural Law Section, Steamboat Springs, Colorado (June 2004)
    • Colorado Chapter of the Appraisal Institute, Copper Mountain, Colorado (Aug. 27, 2004)
    • CLE International, Denver, Colorado (2003)
  • Water and Land Use
    • Colorado Open Space Alliance, Telluride, Colorado (September 9, 2013)
    • Rocky Mountain Land Use Institute, Denver, Colorado (Mar. 2, 2012)
    • “Land Use Law” CLE International, Denver, Colorado (Dec. 1, 2011)
    • Western Water Workshop, Gunnison, Colorado (July 2011)
    • "The Pagosa Springs I and II Decisions", Colorado Water Congress Summer Conference, Vail, Colorado (Aug. 2010)
    • Western States Water Council, Steering Committee, Denver, Colorado (Sept. 28-30, 2009)
  • Water and Growth
    • Roaring Fork Cultural Council, Carbondale, Colorado (Oct. 16, 2010)
    • Current Concepts for Western Slope Water Utilities, SGM, Carbondale, Colorado (Oct. 30, 2009)
    • University of Colorado - Colorado Springs (July 20, 2007)
    • American Water Resources Association (2003, 2005)
    • Mesa State University, Grand Junction, Colorado (Oct. 25, 2004)
  • The Colorado Water Trust
    • Oregon Law Institute, Lewis & Clark Law School, Portland, Oregon (Apr. 21, 2006)
  • Instream Flow Strategic Planning for the Roaring Fork River Basin
    • Colorado Open Space Association, Aspen, Colorado (Sept. 21, 2009)
  • The Colorado River: Law and Policy Issues in Colorado
    • Conference chair and speaker, CLE International, Denver, Colorado (October 21, 2013)
    • Denver University School of Law, Addressing Supply & Demand Imbalances in the Colorado River Basin, Denver, Colorado (April 12, 2013)
    • Conference chair and speaker, CLE International, Denver, Colorado (Sept. 15, 2012)
  • The Clean Water Act and Water Transfers
    • ABA Environment, Energy, and Resources 24th Fall Conference, "Murky Waters: State Deference or Increasing Federalism", Denver, Colorado (October 7th, 2016)
    • ABA Water Law Conference, Denver, Colorado (June 4th, 2015)
    • California Water Law Conference, San Francisco, California (November 4, 2014)
    • National Water Resources Association, Flagstaff, Arizona (July 29, 2014)
    • Western States Water Council, Helena, Montana (July 17, 2014)
    • Western States Water Council, Denver, Colorado (April 4, 2013)
    • CLE International - Phoenix, Arizona (Dec. 2, 2011); Las Vegas, Nevada (Aug. 27, 2009);Tucson, Arizona (May 2006)
    • Western States Water Council, South Lake Tahoe, Nevada (July 22, 2010)
    • Nevada Water Users Association, Reno, Nevada (May 13, 2010)
    • Council of Western Attorneys General, Colorado Springs, Colorado (Apr. 29, 2010)
    • Association of California Water Agencies: Annual Conference, San Diego, California (Dec. 13, 2009); Annual Conference, Monterey, California (May 2006); Water Quality Conference, Ontario (Oct. 27, 2004)
    • National Association of Attorneys General, Denver, Colorado (Oct. 15, 2008)
    • Idaho Water Users Association, Sun Valley, Idaho (June 16 2008)
    • Colorado Water Congress (Dec. 6, 2006)
    • Western Coalition of Arid States (June 2004)

 

  • American Bar Association
  • Colorado Bar Association
  • 9th Judicial District Bar Association
  • Colorado Water Congress, Board of Directors (1987-1999), President (1997-1998)
  • Author: "Court Upholds EPA Rule Excluding Water Transfers from Regulation Under the Federal Clean Water Act", Municipal Water Leader Vol. 3 (February 2017)
  • Co-Author: "All We Really Need to Know We Learned in Kindergarten: Share Everything (Agricultural Water Sharing to Meet Increasing Municipal Water Demands)," Colorado Natural Resources, Energy & Environmental Law Review, Vol. 27 No. 2 (Summer 2016)
  • Co-Author: A Roundtable Discussion on the No-Injury Rule of Colorado Water Law, The Colorado Lawyer (July 2015)
  • Author: "Western Water Transfers & The Clean Water Act-Litigation Overview and the Arguments Against Requiring NPDES Permits", The Water Report (October 15, 2014)
  • Author: Water Transfers, the Federal Clean Water Act and Agency Deference—What's Right and What's Wrong with the Current Process, Western Water Law and Policy Reporter (Aug/Sep 2014) 
  • Co-author: When Rivers Change Course—In the Aftermath of the September 2013 Colorado Flood—An Update of the Statutory Right to Change the Point of Diversion without Going to State Water Court, Western Water Law and Policy Reporter (Jan. 2014)
  • Principal co-author: Acquiring Using and Protecting Water in Colorado, Bradford Publishing (2004, rev'd ed. 2011)
  • Principal co-author: Water Rights Handbook for Colorado Conservation Professionals, Bradford Publishing (2005, rev'd ed. 2011)
  • Co-author: Environmental Law, Bradford Publishing (2006, updates 2009, 2011)
  • Author: Miccosukee: The Potential for Clean Water Act Discharge Permits for Water Transfers. The Colorado Lawyer (Aug. 2004)
  • Principal co-author: Watering Colorado's Growth: Swept along by the current, or choosing a better line? Univ. of Denver Water Law Review (2003)
  • Author: Do Conservation Easements and Water Mix (in Colorado)? 5 Univ. of Denver Water Law Rev. 504 (2002)
  • Principal co-author: Water and Growth in Colorado, Natural Resources Law Center, Univ. of Colo. School of Law (2001)
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