Bio
Graham Gilbert's practice focuses on water, land use and environmental law. He regularly works on issues related to appropriation, management and sale of water rights; acquisition, entitlement, development and disposition of commercial and residential real estate; purchase, sale and cleanup of environmentally impaired properties; and wetlands and water quality permitting.
Before becoming an attorney, Graham worked as a hydrologist with water conservation district, municipal, ski resort, agricultural and energy clients in Colorado. He prepared technical information in support of water rights applications and change applications; developed technical information to support NEPA review of ski area expansion and reservoir development; designed and managed water quality monitoring programs and completed water quality analyses; and prepared and managed stormwater pollution prevention plans. Graham's background as a hydrologist helps him to understand technical issues, to effectively communicate with regulators, engineers and scientists and to develop practical solutions for clients.
Representative Matters
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- Assisted clients with appropriating new water rights, changing existing water rights and securing related approvals (e.g. requests for reinstatement, requests for extension, reports of conveyance, etc.)
- Completed due diligence for acquisition of water rights, including tribal water rights, for industrial, commercial, ski resort, golf course and residential developments in Utah, Nevada and California
- Managed water rights portfolios for agricultural and commercial landowners
- Assisted lenders with securing an interest in water rights as loan collateral
- Secured and defended easements for water diversion and conveyance infrastructure
- Completed due diligence regarding the design, construction and capacity of a wastewater reclamation facility
- Obtained land use entitlements for commercial and residential developments
- Completed due diligence on behalf of developers, lenders and a receiver for acquisition or sale of commercial, golf course, residential and school properties
- Worked with counties, cities and local districts on issues related to water supply, land use, zoning enforcement and development agreements
- Advised developers regarding impact fees
- Participated in administrative proceedings before the Utah Division of Water Rights; Utah Division of Water Quality; Utah Board of Oil, Gas and Mining; and the Utah Office of the Property Ombudsman
- Served as outside general counsel for a large wastewater treatment facility
- Replied to notices of violation from the EPA and Utah Division of Solid and Hazardous Waste
- Assisted oil and gas and commercial clients with voluntary disclosure of permit violations
- Analyzed hazardous waste contamination, explored cleanup alternatives, completed corrective action and negotiated contribution claims
Education
- University of Utah, S.J. Quinney College of Law (J.D., highest honors, 2011)
- Quinney Award Recipient (5th Ranked Student)
- The Order of the Coif
- Articles Editor, Utah Law Review
- Lewis & Clark College (B.A., Environmental Studies, with honors, summa cum laude, 2002)
Professional Memberships and Activities
- American Bar Association
- Planning Committee, Annual ABA Water Law Conference (2013-present)
- Environment, Energy, and Resources Section
- Salt Lake Chamber, Water Steering Committee
- Utah State Bar
- Energy, Natural Resources, and Environmental Law Section
- Appellate Practice Section
- Salt Lake County Bar
- Young Lawyers Division
- Rocky Mountain Mineral Law Foundation
Representative Presentations and Publications
- "Utah Lake/Jordan River General Water Rights Adjudication: I am on the List of Unclaimed Water Rights, Now What?" Author, S&W Environmental, Natural Resources, Oil and Gas Law Blog (February 19, 2019)
- "Protests Flow Freely After Utah and Idaho Apply to Appropriate 400,000 Acre Feet of Water From Bear Lake," Author, S&W Environmental, Natural Resources, Oil and Gas Law Blog (July 10, 2018)
- "Utah Supreme Court Clarifies Administrative Agencies’ Fact Finding Duty and the Standard of Review for Administrative Appeals," Author, S&W Environmental, Natural Resources, Oil and Gas Blog (December 21, 2017)
"The Water-Energy Nexus in the 21st Century," Presenter, Energy & Environment Symposium (November 8, 2017) - "The Science Behind Water Quality," Moderator, ABA 35th Annual Water Conference (March 28, 2017)
- "Water Markets and Water Transfers: Critical Water Management Strategies," Moderator, ABA 33rd Annual Water Conference (June 4, 2015)
- "The Future of Interstate Water Compacts: Is the Compact Era Over?" Moderator, ABA 32nd Annual Water Conference (June 6, 2014)
- "Acquisition of Water Rights for Hydraulic Fracturing," Presenter (May 6, 2013)
- "Stormwater Laws and Regulations," Presenter, Utah Water Laws and Regulations Professional Education Course (March 22, 2013)
Community Involvement
- Constitution Day, Volunteer (2016)
- Street Law Clinic, Volunteer (2012-present)
- Choose Law Project, Volunteer (2012)
Other Professional Experience
- Smith Hartvigsen, PLLC, Associate
- Utah Supreme Court, Judicial Clerk to The Honorable Jill N. Parrish
- Resource Engineering, Inc., Staff Hydrologist
Bar Admissions
- Utah
Court Admissions
- Supreme Court of Utah
- United States District Court, District of Utah