Montgomery and Andrews Law Firm

Montgomery & Andrews has a long tradition of serving clients on water related matters. J.O. Seth, one of the founders of the firm, served as New Mexico’s representative in the Rio Grande Compact negotiations with Texas and Colorado.  Since that time, Montgomery & Andrews has had significant involvement in many of the important water law cases in New Mexico, and has established itself as a leader in water law issues.  We possess significant knowledge, experience and expertise in water law, and regularly represent and advise private and public sector clients on a wide variety of water law matters in New Mexico and throughout the west.  Highlights of our water law practice include the following:

Interstate Water Disputes

Montgomery & Andrews has substantial experience representing states in interstate water disputes before the United States Supreme Court.  For example, we currently serve as Counsel of Record for the State of Kansas in Kansas v. Colorado, No. 105, Original, a case that seeks enforcement of the Arkansas River Compact, and as Counsel of Record for the State of Montana in Montana v. Wyoming and North Dakota, No. 137, Original, a dispute over the Yellowstone River Compact.  In addition, the firm previously represented the State of Kansas as Counsel of Record in Kansas v. Nebraska and Colorado, No. 126, Original.  The firm also currently advises the State of New Mexico on interstate water issues.

Water Administrative Proceedings

In New Mexico, the prior appropriation doctrine governs the right to take water for use in cities, industry and agriculture.  State Engineer approval is required to change the place or purpose of use and point of diversion of existing water rights, or to obtain new water rights.  Montgomery & Andrews has extensive experience in permit applications and proceedings before the State Engineer, including preparing and prosecuting applications and protests, performing historical and legal research, engaging and working with technical experts, negotiating with the State Engineer and other interested parties, and appeals.

Water Litigation

Montgomery & Andrews has substantial experience in state and federal court litigation involving a broad range of water matters.  We have represented clients in litigation over water disputes in the United States Supreme Court, the Tenth Circuit Court of Appeals, federal district courts, state appellate courts, and state trial courts, including multiple stream adjudication suits across the State of New Mexico.

Water Transactions

Montgomery & Andrews is experienced in handling the sale and lease of water rights, and has assisted clients in the acquisition of viable water supplies for new developments.  Our attorneys regularly perform due diligence analysis of water rights for real estate transactions.  We also have experience working closely with clients involved in water development projects to accomplish project goals.

Advice and Counseling

Through partnership with our clients, we strive to provide counseling to accomplish client water goals.  Montgomery & Andrews takes a proactive approach in an attempt to help clients resolve potential regulatory issues.

Representative Clients

We represent a broad range of public and private entities on water matters, including states, municipalities, ski resorts, ranchers, utilities, mining and oil and gas operations, water supply companies, acequias, irrigators, and manufacturers.