Kendall Burgemeister
Kendall Burgemeister joined the Firm as an associate in 2009, and became a member in 2013. He represents clients in water matters in the Arkansas, Rio Grande, Gunnison, North Fork, and Colorado River Basins. Among other activities, Kendall is a member of the Advisory Committee that is working with the Division of Water Resources to promulgate rules governing the use of groundwater in the Rio Grande Basin. In addition to water law, Kendall practices in the areas of real estate, business planning, civil litigation, and local government law. He has represented clients in residential, commercial, and agricultural real estate transactions across the Western Slope. He has also advised many local entrepreneurs in the establishment of new businesses. Prior to joining the Firm, Kendall graduated from the University of Colorado Law School, where he engaged in internships and research projects involving water law, real property law, and civil litigation, laying a foundation for what have become his most prominent practice areas with the Firm. Prior to law school, he attended Boise State University, where he graduated summa cum laude, with a 4.0 GPA, and was the outstanding graduate from the College of Business and Economics. When not at the office, you are likely to find Kendall skiing, mountain biking, golfing, hunting, or otherwise enjoying the outdoor recreational opportunities that the Gunnison Valley provides.
Legal Experience:
Law of the Rockies (and predecessor firms)
Member, 2013-Present
Associate, 2009-2012
Gunnison, Colorado
Advise and represent clients in transactions and civil litigation involving:
Water Law
Real Estate
Business Law
Estate Planning
The Sonnesyn Law Firm
Law Clerk, 2008-2009
Longmont, Colorado
Researched and drafted memoranda regarding various estate planning and federal taxation issues
Ballard Spahr Andrews & Ingersoll, LLP
Summer Associate, 2008
Denver, Colorado
Researched and drafted memoranda and motions relating to real estate, securities, bankruptcy, construction, and employment law.
Practice Areas
Education
Honors, Awards, and Activities
Recipient of the John & Cynthia Schultz Scholarship
Recipient of the Sustainable Development Law Scholarship
Research assistant for professor Nestor Davidson, 2009
Research assistant for the Natural Resources Law Center, 2008
Research assistant for the Center for Energy and Environmental Security, 2006-2007
Top 10 Scholar
Outstanding Graduate from the College of Business & Economics (The “Wall Street Journal Award”)
Brown Scholar (Full tuition, room and board scholarship through the Honors College)
Professional Memberships
Colorado State Court
United States District Court for the District of Colorado
Representative Matters:
Representative Water Law Matters:
Represented the owner of senior irrigation water rights in the upper Gunnison River basin in the negotiation and closing of a sale of water rights to a municipal water provider
Represented a water conservancy district in the acquisition of water rights and storage rights
Rendered multiple legal opinions for various landowners regarding the legal status of water rights associated with their property
Counseled a prospective purchaser of a ranch in the Colorado River basin and rendered a legal opinion regarding the status of the water rights associated with the ranch property
Represented a shareholder in a mutual ditch company in negotiations with the ditch company and with a third party to allow the shareholder to lease water rights represented by ownership of shares in the mutual ditch company to the third party
Represented owner of water rights in negotiations of an express easement for an irrigation ditch
Represented a real estate developer in obtaining confirmation of new water rights and approval of a plan for augmentation for a proposed subdivision in the upper Gunnison River basin
Represented numerous developers and homeowners' associations in preserving conditional water rights by obtaining findings of reasonable diligence or making such conditional water rights absolute
Represented numerous water rights holders by filing statements of opposition in water rights cases to ensure that their water rights are protected
Participated in groundwater rulemaking proceedings in Water Division 3
Quieted title to irrigation water rights under the doctrine of adverse possession
Representative Real Estate Matters:
Represented numerous sellers and purchasers of agricultural and residential real estate in all aspects of the transaction including contract negotiation, title review, and due diligence
Represented multiple owners of commercial real estate in the negotiation and enforcement of lease agreements
Representative Business Planning & Commercial Transaction Matters:
Counseled and represented multiple business entities in the negotiation of various types of contracts
Represented multiple clients in the formation of new businesses, including the drafting of necessary governing documents for the newly formed entity such as articles of organization and operating agreements
Representative Estate Planning Matters:
Counseled rancher (whose assets included significant real estate holdings, decreed water rights, ranch equipment and other personal property, stock brands, and grazing permits) in various aspects of the estate planning process, and drafted all necessary estate planning documents including a will, revocable trust agreement, deeds, and bills of sale
Representative Elder Law Matters:
Advised clients on Medicaid planning, including the availability of Medicaid and necessary financial planning to ensure financial eligibility;
Advised clients on planning for future disability, including the use of general powers of attorney, medical powers of attorney, living wills, appointment of guardians, appointment of conservators; and
Represented guardians and conservators with respect to establishing guardianships and conservatorships and also administering and ultimately closing the guardianships and conservatorships.
Professional Lectures and Publications:
Staying in the Current: Developments and Trends in Colorado Water Law (with Marcus J. Lock)
36th Annual Colorado Water Workshop
Colorado Water Trust Water on the Land Workshop
Colorado Water Trust Water on the Land Workshop
Colorado Water Trust Water on the Land Workshop
August 24, 2010, Crestone, Colorado