Real Property, Mineral Rights, & Water Rights

Lewis Roca Rothgerber Christie lawyers have considerable experience helping clients manage the diverse liability risks associated with mining properties. From redevelopment of legacy mining properties, to first-time development of greenfield sites, our attorneys handle complex real estate matters of all types. The firm is intimately familiar with the unique challenges associated with federal land and federal mining claims, and is likewise familiar with state-specific real estate issues.  From properties with significant environmental issues, to properties encumbered by back taxes, our lawyers help companies achieve their business objectives by minimizing risk. No matter what challenges a particular property presents, our firm is called upon by clients to structure transactions, ensure contracts are well balanced and offer protections against historical and ongoing liabilities.

Our mining lawyers advise clients on title and ownership issues, render mineral title opinions, consult on severed mineral rights, mineral royalties and the respective rights of surface and subsurface owners. We provide valuable, business-oriented advice to landowners and mining clients on a wide array of federal, state and tribal laws applicable to mineral exploration and development. Our attorneys are experienced in helping mining clients avoid property rights pitfalls that can derail land acquisition, and delay business operations.

Regulatory & Government

Carla A. Consoli
Carla A. Consoli
Practice Group Leader, Partner
602.262.5347 / vCard
Stanley B. Lutz
Stanley B. Lutz
602.262.5704 / vCard
Adam DeVoe
Adam DeVoe
Of Counsel
303.628.9551 / vCard
Dietrich C. Hoefner
Dietrich C. Hoefner
303.628.9589 / vCard

Representative Matters:

  • Counsel to exploration companies on a variety of land and mining claim acquisition issues.
  • Counsel to investors regarding title of unpatented mining claims and severed mineral rights.
  • Review and evaluation of transaction diligence materials including environmental permits, analysis of water and water rights, real property and mineral claims, and the applicability of state, county and federal regulations.
  • Advise clients on mining claim validity at inactive mine site on federally withdrawn public land.
  • Obtain local special use permits and other zoning requirements for mining operations.
  • Advise clients on obtaining and using water rights for mining operations.
  • Advise clients on issues related to “Waters of the United States” and the impact of various federal permitting requirements.
  • Advise clients on water quality permits, discharge compliance issues, and defense of allegations of non-compliance at surface and underground mining operations.

Related News

Real estate and land use attorney Michael J. Phalen joins Lewis Roca Rothgerber Christie
Land acquisition, entitlement and development lawyer added to firm's Business Transactions group
Pro bono service awards presented by Lewis Roca Rothgerber Christie
Annual awards honor memory of lawyer dedicated to equal justice and professionalism
Lewis Roca Rothgerber earns accolades in Benchmark Litigation rankings
Law firm ‘Highly Recommended' with 20 ‘Star' attorneys in guide of top U.S. litigation firms

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Primary Services

Mining & Mineral Rights

Key Contacts

Carla A. Consoli
Carla A. Consoli
Practice Group Leader, Partner