Joseph P. McMahon Jr.

Arbitration, Facilitation and Mediation 

+303-333-1960
Fax: 480-393-4745
617 Steele St., Denver CO  USA 80206-3941

Home  Site Map    E-Mail: jpmcmahon@jpmcmahon.com

Water related experience and qualifications

Mediating since 1991
M.S. in Civil Engineering
Registered Professional Engineer, Colorado, 1975
Practice as a consulting water engineer
Experience in water and environmental disputes (mediation and arbitration), and as a design and onsite resident engineer

General experience. I have been working in ADR since my initial mediation training in 1991, and also began service as an arbitrator at that time. In addition to legal training and experience, I am a registered professional engineer. I have an MS in Civil Engineering from the University of Denver.

Water subjects. As a neutral, lawyer or consultant have worked in water matters involving, among others, the following:

Interstate water disputes
Mutual or shared water supplies
Mutual ditch companies
Water right applications
Augmentation plans
Conjunctive use
Reservoir design and construction
Groundwater pollution and pathways
Hydrogeology
Clean Water Act violations
Development of water delivery programs
Groundwater pollution

 

 

 

Water valuation
ESA reservoir releases
Balancing competing water needs
Water transfer
Storm runoff
Water supply and delivery
Strategic planning for water associations
River and water access
Water boundary disputes
Rights to ditch usage
International water delivery

The following are example water engagements: 

  • Mediator, 2009, dispute between drilling company and land owner about ground water pollution.

  • Facilitator, Colorado-Kansas-Nebraska dispute over water on a tributary of the Missouri River, 2008.

  • Facilitator, Upstream-downstream reservoir dispute, Montana-Wyoming, 2008.

  • Mediator, dispute over shared water facilities, 2007.

  • Facilitator, Water, Sanitation and Conflict research, BPD Water and Sanitation, London, 2008

  • Mediator, dispute over rights to use ditch company water, 2007.

  • Mediator, Recreation in channel diversion dispute, 2007.

  • Co-Facilitator, Missouri River Restoration Implementation Committee (COE, FWS, EPA, NPS, States of the Missouri River Basin and various stakeholders), 2005.  

  • Mediator, water district valuation dispute (US Department of Justice, Department of Navy and local irrigation district), 2004.

  • Facilitator-mediator, Rocky Mountain Arsenal, Groundwater standards and pathways, (US Army, State of Colorado, citizen groups) 2002. 

  • Mediator, Jarbidge/Elko Nevada Public Lands and Clean Water Act Litigation, (State of Nevada, Elko County, U.S. Department of Justice, and others) 2001. Legal counsel, Wyoming, Public-private land disputes (various land owners and U.S. Department of Justice).

  • Facilitator, Lowry Landfill Superfund site, ground water pathways (EPA, State of Colorado, City of Denver and Waste Management Inc.) 2004.

  • Mediator, reservoir ownership dispute, 2002. 

  • Mediator, irrigation ditch owners dispute

  • Program Facilitator/consultant, Water For People, Viet Nam Program (1994-99) and Water For Africa consultant, 1999-2003.

  • Legal Counsel, water litigation. Served as legal counsel in a wide variety of legal and operational disputes over water, water rights, priority of usage, competition among various water decrees, the adjudication and transfer of water rights, including litigation of disputes concerning ground and surface water competition, and the operation of the interstate water compacts.