Somach Simmons and Dunn, Attorneys at Law Somach Simmons & Dunn | Attorneys at Law

Areas

Education

  • University of Colorado Law School (J.D., 2015)
  • University of North Carolina at Chapel Hill (B.A., 2011)

Selected Admissions

  • Colorado

Michael W. Daugherty
Shareholder

Michael provides legal representation and strategic counsel on water rights, water quality, and water-related legislation to municipalities, water and wastewater providers, Indian tribes, universities, ditch companies, developers, and private ranches, resorts, and landowners. He brings a blend of private practice and public interest experience to a dynamic practice that spans representation of both large and small entities in water rights matters across the country.

Michael advises municipal water suppliers with complex integrated systems on protecting and expanding their water rights portfolios, helps regulated entities navigate complicated water quality regulations, assists landowners in understanding their decreed and undecreed water rights, negotiates comprehensive agreements for ditch companies and developers, and defends water users’ rights in court. He regularly appears before state and federal courts, agencies, and commissions and counsels clients on federal, state, and local water-related regulation and administration.

Michael’s years living and working in Indian County inform his approach to matters involving tribal interests. Before joining the firm, he worked in the Navajo Nation’s attorney general office, where he provided legal representation and counsel to the tribal departments of land, environmental protection, fish and wildlife, and historic preservation. His first position after law school graduation was with DNA-People’s Legal Services, where he worked as a felony public defender for the Hopi Tribe.

Outside of the office, Michael enjoys exploring the outdoors in Colorado and around the world—on foot, boat, bike, and skis.

Representative Matters

Prosecute water court applications seeking new and changing existing water rights in the water courts for all seven of Colorado’s water divisions.

Litigate appeals of water court and agency decisions, including in the Colorado Supreme Court and U.S. District Courts.

Represent parties in administrative proceedings before state and federal regulatory bodies, including the Colorado Water Quality Control Commission, Colorado Parks and Wildlife Commission, and Colorado Water Conservation Board.

Assist with moving forward state and federal water-related legislation, including SB23-150 (Colorado), SB23-267 (Colorado), and H.R.1729 & S.365 – 199th Congress (2025-2026).

Draft and negotiate agreements involving water rights, service, and administration for municipalities, private property owners, ditch companies, homeowners’ associations, and resource management agencies.

Insights and Activities

  • Colorado Reporter for the Water Law Newsletter, Foundation for Natural Resources and Energy Law (2022 – present)
  • State Affairs Committee, Colorado Water Congress (2022 – present)
  • Water Law Section, Colorado Bar Association (2017 – present)

 

Recent Articles

Water Rights Due Diligence – Is There “Legal” and “Physical” Water Available on the Property You Want to Buy?

When purchasing a parcel of land—whether a primary residence, vacation home, industrial complex, or working ranch—the existence or non-existence of water rights, and the characteristics and elements of any such ... Read More

Biden Administration Redefines “Waters of the United States”

On January 18, 2023, the United States Environmental Protection Agency (EPA) and the Department of the Army (collectively, the “Agencies”) finalized a rule (2023 Rule) redefining how the Agencies interpret ... Read More

Colorado Water Quality Control Division Proposes New Nutrient Water Quality Standards for Lakes and Reservoirs Across the State

The Colorado Department of Public Health and Environment’s Water Quality Control Division (WQCD) has proposed significant revisions to the nutrient water quality regulations for lakes and reservoirs across the State. ... Read More

The Colorado Division of Water Resources Will Now Require Augmentation Plans for Certain Water Exchanges

In a June 10, 2022, memorandum (the “Memo”), the Colorado Division of Water Resources (DWR) summarized the agency’s position on water court applications for water exchanges involving wells pumping from ... Read More

Five Tips for Colorado Ditch Companies

As spring arrives in Colorado, ditch companies across the state will begin running their ditches for the benefit of their shareholders and other water users. Like most arid Western states, ... Read More

Education

  • University of Colorado Law School (J.D., 2015)
  • University of North Carolina at Chapel Hill (B.A., 2011)

Selected Admissions

  • Colorado