David S. Hayes

Partner

Prior to HPK, David Hayes practiced at Petros & White, LLC for almost 20 years. His areas of practice include water law, public lands, land use and real property law. David’s clients include municipal and county governments, agricultural and ranching interests, ski areas, country clubs, private landowners, land developers and mining companies.

David assists clients in a broad range of water matters including: strategic planning, adjudications of water rights and related diligence, changes of water rights, augmentation and exchange plans, opposition to potentially injurious water rights, water rights administration issues, purchases and sales of water rights, and the permitting and construction of water facilities. He also represents clients in a diverse spectrum of land use and real property matters including: real property conveyances, conservation easements, and the negotiation, drafting, and enforcement of agreements, regulations, and legislation.

Prior to practicing at Petros & White, David worked as an Assistant Attorney General in the Natural Resources Section of the Colorado Attorney General’s Office, where he represented the State and Division Engineers, Colorado Groundwater Commission, Colorado Water Conservation Board, Division of Wildlife and other State agencies in water court cases and administrative matters. He was recognized as the Colorado Division of Water Resources, Water Unit Attorney of the Year in 2000.

David obtained his J.D. in 1997 from the University of Denver College of Law, where he was a Staff Writer for the University of Denver Water Court Reporter. In 1992, he received his Bachelor of Arts degree in Political Science from the University of Colorado, where he was a member of the University of Colorado Bicycle Racing Team. David served on the Colorado Bar Association’s Water Law Section Executive Council from 2009 to 2015. He has spoken and presented papers in the areas of surface water and ground water law at numerous professional conferences.

Bar Admission

State Bar of Colorado, October 1997
U.S. District Court, Colorado; November 1998
U.S. Court of Appeals, Tenth Circuit; August 2007

Education

University of Denver College of Law, Juris Doctorate, 1997
University of Colorado, Bachelor of Arts, 1992

Awards & Affiliations

Colorado Bar Association, Water Law Section Executive Council, 2009-2015
Board Member, American Water Resources Association, Colorado Section, 2004-2007
Colorado Division of Water Resources, Water Unit Attorney of the Year, 2000
Board of Trustees, Berger Collection Educational Trust, 2006-Present

Presentations & Publications

Legislation, Regulation and Case Law Update; May 2018 presentation at National Business Institute program, in Denver, entitled Water Rights in Colorado.
Legislation, Regulation and Case Law Update; April 2016 presentation at National Business Institute program, in Colorado Springs, entitled Water Rights in Colorado.
Issues Related to Water Rights; November 2015 presentation at Half Moon Seminars program entitled Determining Land Ownership and Access Rights.
Legislative and Litigation Developments in Colorado; April 2014 presentation at CLE International conference in Santa Fe, New Mexico entitled Law of the Rio Grande.
Handling the Application, Lease, Transfer and Sale of Water Rights; July 2013 presentation at National Business Institute program entitled Water Rights in Colorado.
U.S. Supreme Court Decision in PPL Montana v. Montana – Implications in Colorado; September 2012 presentation for Colorado Bar Association Water Law Section’s Topical CLE Luncheon Series.
Ownership of and Access to Water and Water Rights; July 2012 presentation at Half Moon Seminars program entitled Colorado Land Boundaries and Access Rights.
History and Development of Colorado Law Regarding Water Transfers; August 2011 and April 2009 presentations at Lorman Education Services programs entitled Water Rights Sales and Transfers.
Right to Float vs. Private Property Rights; May 2011 presentation at Colorado Bar Association Environmental Law Section’s Topical CLE Luncheon Series.
Water Law 101; May 2010 presentations at the Colorado Water Trust’s water workshops in Silverthorne and Fort Collins, Colorado.
Understanding Colorado Groundwater Rights; November 2009 presentation at Half Moon Seminars program entitled Colorado Water Laws and Regulations.
Overview of Colorado Groundwater Law; August 2007 presentation at Lorman Educational Services program entitled Groundwater Wells: Legal and Technical Considerations.
State Engineer Policies – Agency Legislation or Legislative Interpretation?; June 2005 presentation at CLE Colorado’s Steamboat Springs Water Law Conference.
Colorado Supreme Court Opinion in East Ridge of Fort Collins, LLC v. The Larimer and Weld Irrigation Company, published April 2005 Ditch and Reservoir Company Alliance newsletter.
Protecting Rights Associated with Ditches; May 2003 presentation at Ditch and Reservoir Company Alliance workshop in Canon City, Colorado.