David A Bailey, Attorney

Dave's practice focuses on water rights (adjudication and transactional), water quality, public lands and mining, and natural resources and environmental regulatory matters and litigation for private clients and public entities such as special districts. 

Dave has advised clients and worked on cases arising under state water law, state water quality regulations, and numerous federal statutes such as the Clean Water Act, NEPA, ESA, FLPMA, and CERCLA. In addition, he litigates commercial claims for clients in natural resources businesses. 

Dave works with clients on various water matters, including applications for water rights, changes of water rights, plans for augmentation, and the impact of state and federal water quality and environmental initiatives (such as the TMDL program) on those rights. His practice also emphasizes governmental permits and environmental regulatory matters for hard rock and sand and gravel mining clients located in Colorado and the Rocky Mountain states. Dave has advised clients concerning natural resource damage claims for federal and state resources, wetland permitting and regulatory issues, and the interaction between state law water rights and federal law such as the Forest Service special use permitting process.  Dave also has worked with clients on local land use regulation of natural resources development such as county special use permits, including litigation when required. 

Dave received his B.S. in Political Science from Arizona State University in 1977, his M.S. in Natural Resources Policy from the University of Michigan in 1980, and his J.D. from the University of Colorado in 1983.  He is a member of the ABA Section on Natural Resources, Energy and Environmental Law and is the current Chair of the Water Section of the Colorado Bar Association. 

Dave has written and spoken on various subjects, including water law topics, the Endangered Species Act, wetland issues, citizen suits, FIFRA preemption issues and public lands and mining litigation.  Dave is qualified to practice in Colorado (state and federal courts), the Sixth, Ninth and Tenth Circuit Courts of Appeals and the United States Supreme Court.

Evening And Weekend Hours By Appointment