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.
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