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Mark Hamilton

Partner

600 East Main Street, Suite 104, Aspen, CO 81611

Clients including local governments, landowners, developers, and homeowners associations turn to Mark for the legal counsel they need to support intelligent growth in their communities.

Mark serves as Town Attorney for the Town of Carbondale, Colorado and counsel for the Snowmass Water & Sanitation District. Prior to joining Holland & Hart, Mark was a shareholder and director of Caloia, Houpt & Hamilton, P.C. in Glenwood Springs, Colorado. 

Mark has served as the administrative partner of the Aspen office since 2013 and as the leader of the firm's Water practice team since 2010.

Experience

Advises clients in matters concerning:

  • Water rights
  • Water quality
  • Local government
  • Municipal law
  • Real estate
  • Land use planning
  • Civil litigation

Client Results

Water Law
  • Assisting a national real estate developer to secure water rights associated with a major new residential development in Northeastern Colorado.

  • Helping a resort developer to develop and protect a water supply for a major new resort in Western Colorado.

  • Assisting various municipal and quasi-municipal water suppliers with long-term water supply planning and development.

  • Assisting a mutual ditch company with implementation of digital database for ditch monitoring, capital planning, and recordkeeping.

  • Assisting a municipality with confirmation of recreational water rights for kayak parks on the Colorado River.

  • Assisting with confirmation of new water rights and a plan for augmentation for an exclusive ranch retreat in Western Colorado.

  • Assisting non-profit environmental organization with confirmation of water rights for demonstration ranch and educational facility.

  • Assisting a historic ranch in Western Colorado with transfer of historical agricultural water rights to new uses.

Real Estate Law
  • Assisting clients with purchase and sale of significant historical ranch properties in Colorado, including appurtenant agricultural water rights.

  • Assisting a client with conservation easement planning for historical ranch in Pitkin County, Colorado.

  • Assisting a client with innovative land use planning and conservation within the Town of Crested Butte, Colorado. 

Land Use Law
  • Assisting the Town of Carbondale, Colorado with land use review of a variety of commercial, residential, and other development projects.

  • Represented opponents of land use application in Pitkin County, Colorado involving mitigation of debris flow and avalanche risks.

  • Assist numerous private property owners in Pitkin County, Colorado with regard to local development review processes and mitigation requirements.

Municipal, Local Government, and Special District Law
  • Represent the Town of Carbondale on a wide variety of municipal matters, including land use regulation and water rights.

  • Represent the Snowmass Water & Sanitation District, which provides water and sanitation service to the Snowmass Ski Area in Pitkin County, Colorado.

  • Serve as special water counsel to a variety of municipalities, counties, special districts, homeowners associations, and ranches.

Published Cases
  • 211 Eighth, LLC v. Town of Carbondale, 922 F.Supp.2d 1174 (D. Colo. 2013)

  • Town of Carbondale v. GSS Properties, L.L.C., 169 P.3d 675 (Colo. 2007)

  • Town of Carbondale v. GSS Properties, L.L.C., 140 P.3d 53 (Colo. App. 2005)

  • Watson v. Vouga Reservoir Association, 969 P.2d 815 (Colo. App. 1998)

  • George v. Ute Water Conservancy District, 950 P.2d 1195 (Colo. App. 1997)

Education

Bar Admissions

Recognition

  • The Best Lawyers in America© Water Law, 2013-2018

Professional and Civic Affiliations

  • Water Law Committee of the Colorado Supreme Court, Member, 2009-Present
  • Colorado Bar Association, Member
    Water Law Section, Chair, 2007-2009
    Executive Committee, 2010-2016
  • Ninth Judicial District Bar Association, Member
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