Jay F. Stein is a founding member of Stein & Brockmann, P.A. (formerly Simms & Stein, P.A.). Mr. Stein’s practice is limited to water law.He works in administrative, district court, and appellate proceedings in state and federal court, primarily in New Mexico, and has worked with other clients in Kansas, Wyoming, Nebraska, Texas, California, and the Republic of Mexico. Mr. Stein served as counsel to the New Mexico State Engineer and Interstate Stream Commission for nine years and appeared in:

• Texas v. New Mexico, 446 U.S. 540 (1980)
• Colorado v. New Mexico, 459 U.S. 176 (1982) and 467 U.S. 310 (1984).

Past experience includes trial work in the litigation of Kansas v. Colorado, Original No. 105, (first phase) for the State of Kansas. Kansas v. Colorado was a suit for construction and enforcement of the Arkansas River Compact, 63 Stat. 145 (1949), brought by the State of Kansas for under deliveries to Kansas caused by diversions upstream in Colorado. He appeared in Nebraska v. Wyoming, Original No. 108, representing the State of Nebraska. Nebraska v. Wyoming was a suit by Nebraska to enforce the North Platte Decree which apportioned water from the North Platte among Colorado, Wyoming, and Nebraska. Nebraska v. Wyoming, 507 U.S. 584 (1993) and 515 U.S. 1 (1995).  In Wyoming, he represented the Midvale Irrigation District in the Big Horn Adjudication on federal/tribal/state water issues. He also served as water counsel to Baja California in CDEM v. United States, D. Nev. CV-S-05-0870-KJD-PAL, a suit to enforce the Republic of Mexico’s water rights in the United States District Court for the District of Nevada.

Professional Memberships and Activities

• State Bar of New Mexico
• United States District Court for the District of New Mexico
• United States Court of Appeals for the Tenth Circuit
• United States Supreme Court
• Council, ABA Section of Environment, Energy and Natural Resources (2004-2007)
• Chair, Water Resources Committee of the ABA (2001-2003)
• Vice-Chair, Water Resources Committee of the ABA (1992-2001), and Editor of the Water Resources Committee Newsletter and the Section publication Trends
• Co-Chair of the 18th Annual ABA Water Law Conference in San Diego, California
• Co-Chair of the 1st Annual ABA Eastern Water Law Conference in Hollywood, Florida
• Chair, Conference on United States/Mexico Water Law, the United States-Mexico Law Institute, Inc., University of New Mexico, September 19, 2002, Santa Fe, NM
• Best Lawyers in America, 2007-2009
• Southwest SuperLawyers, 2009-2010
• Speaker, 17th Annual Conference on New Mexico Water Law, Santa Fe, NM, August 6, 2009, Pecos River Compact Compliance
• Speaker, 16th Annual Conference on New Mexico Water Law, Albuquerque, NM, July 31, 2008, Deep Non-potable Water
• Speaker, 25th Annual ABA Water Law Conference, San Diego, California, February 22, 2007, International Conflicts (All-American Canal) CDEM v. United States
• Speaker, Law of the Rio Grande, February 1, 2007, San Juan Chama Project Issues
• Speaker, Rocky Mountain Mineral Law Foundation, April 27, 2006, Denver, Colorado, Water Rights Issues in the In Situ Leach Mining of Uranium in New Mexico (with Timothy J. DeYoug)
• Speaker, Law of the Colorado River, May 12, 2006, CDEM v. United States
• Speaker, Law of the Rio Grande, January 26, 2005, Albuquerque, NM, The Lower Rio Grande Adjudications
• Speaker, Law of the Rio Grande, February 5-6, 2004, Agriculture to Municipal Water Transfers
• Speaker, 5th Annual Law of the Colorado River, June 26, 2003, Tuscon, Arizona, The San Juan Chama Project
• Speaker, New Mexico Water Law Conference, August 18, 2003, Santa Fe, NM, Hydrologic Modeling in State Engineer Proceedings
• Speaker, Law of the Rio Grande, February 6, 2004, Albuquerque, NM, Agriculture to Municipal and Industrial Transfers
• Speaker, Western Water Law Conference, September 16, 2005, Las Vegas, NV, September 15, 2007, Agriculture to Municipal and Industrial Transfers in New Mexico
• Moderator, 10th Section Fall Meeting, ABA Section of Environment, Energy, and Natural Resources, Interstate and International Water Issues on the U.S. Mexico Border, October 10, 2002
• Co-chair, 19th Annual ABA Water law Conference, February 15-16, 2001, San Diego, CA
• Board Member, Citizens United for Resources and the Environment (CURE)

Education

• University of New Mexico (J.D., 1976)
• Franklin & Marshall College, Lancaster, Pennsylvania (B.A., cum laude)