Biography
Brian represents a diverse client base of commercial, industrial, municipal, and agricultural water users throughout Colorado as a shareholder of Ryley Carlock & Aopplewhite. Since he began practicing law in 1987, Brian has focused on water rights, including the adjudication of surface and underground water rights, and the development and adjudication of plans for augmentation, water rights transfers, and exchange cases. With his acknowledged expertise, he has evaluated, drafted, and testified about proposed legislation before the Colorado Legislature. Brian has handled substantial litigation involving both trial and appellate matters before the Colorado Supreme Court, the Colorado Court of Appeals, the Colorado water courts, and the Colorado State Engineer.
He also represents clients in other Western States in major water rights litigation, including litigation in federal court regarding Tribal Water Rights. In addition to appearing before federal district courts, he has argued appeals regarding water rights matters to the Tenth Circuit Court of Appeals. Brian's litigation experience includes:
- Lead counsel in the adjudication of water rights for several Colorado power plants
- Lead counsel in the adjudication of complex water rights systems for large mining facilities
- Lead counsel in the adjudication of municipal water supplies for major Denver suburbs
- Lead counsel in litigation regarding Tribal Water Rights in Oklahoma
He has substantial experience negotiating business transactions involving water rights, including the purchase and sale of water rights and related facilities, as well as the negotiation of contracts governing long-term water rights operations. Brian's transaction experience includes:
- Negotiation of multi-party transactions involving the purchase and sale of reservoirs
- Negotiation and due diligence of agricultural water rights purchases
- Negotiation and drafting of complex water pipeline and storage agreements
Brian served as a member of the Colorado Water Quality Control Commission from 1999 to 2008, including as the Commission's Chair from 2006-2007. He joined Ryley Carlock & Applewhite as a shareholder in 2005 and is a member of the firm's Executive Committee. He has been listed in Best Lawyers in America® since 2011.
