John B. Draper has 35 years experience representing clients in natural resources matters. For most of that time he has focused on water rights issues, including transboundary water disputes before the U.S. Supreme Court. For eleven years, Chambers & Partners has awarded John top rankings, including Senior Statesman and “Star Individual”. Chambers USA 2018 calls John a preeminent water law and natural resources attorney, adding that he is widely acknowledged by market commentators as an 'excellent lawyer' who has taken on 'very large and high-profile water law cases nationally.'” Previous editions of Chambers USA have noted that John stands out for the quality and depth of his work (2015) and that “Clients appreciate [John's] ‘encyclopedic knowledge of case law’ and ‘great trial skills, ’” with one client commenting that “‘[he'd] hire him again in a heartbeat.’” (2014).
John has been counsel for one or more states before the U.S. Supreme Court continuously since 1990, and has argued before the Justices three times. He has had some 300 days of trial before Supreme Court-appointed Special Masters. John is currently counsel to the State of New Mexico in its ongoing interstate water dispute with Texas and the United States before the U.S. Supreme Court.
He also represents private parties in water matters. Chambers USA 2014 states that “John Draper is recognized as ‘the preeminent water lawyer’” in New Mexico. He regularly appears before the New Mexico State Engineer in administrative proceedings and appeals, court adjudications of water rights. He also handles the purchase and sale of privately held water rights.
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Before co-founding Draper & Draper in 2014, John was a shareholder for more than 30 years in the Santa Fe law firm of Montgomery & Andrews. John continues to collaborate closely with Montgomery & Andrews.
John holds numerous leadership positions in the natural resources legal bar. He has served as the co-chair of the annual New Mexico Water Law Conference for more than 20 years. He is a member of the Trustee Council of the Rocky Mountain Mineral Law Foundation. He is a member of the Board of Advisors of the National Judicial College's Dividing the Waters program. John was the first chair of the New Mexico State Bar Natural Resources Specialization Subcommittee, and he has served on the Advisory Board of the Utton Transboundary Center at the University of New Mexico.
John is admitted to practice in New Mexico state court, the Federal district court for the District of New Mexico, the Tenth Circuit Court of Appeals, and the United States Supreme Court.
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John is also an active supporter of numerous educational and arts institutions. He serves as a member of the Presidents' Council of St. John's College (with campuses in Santa Fe and Annapolis) and currently President of the Board of the International Folk Art Foundation, which supports the International Folk Art Museum in Santa Fe. He was the 2005 commencement speaker at St. John's College in Santa Fe.
John grew up in Albuquerque. He is a graduate of Highland High School. He obtained an Electrical Engineering degree from Princeton University (High Honors) and a law degree magna cum laude from the University of New Mexico. At the University of New Mexico, John served as the Editor-in-Chief of both the New Mexico Law Review and the Natural Resources Journal.
John was awarded a Fulbright Scholarship and a fellowship from the American Scandinavian Foundation to study law in Sweden. He also has a Graduate Degree in the Liberal Arts from St. John's College. He holds a Diploma in Graduate Legal Studies from the University of Stockholm and is co-author with Professor Ulf Bernitz of Consumer Protection in Sweden: Legislation, Institutions, and Practice (2d. ed. 1986, Univ. of Stockholm).John is a shareholder and member of the firm’s Environmental and Natural Resources and Litigation Practice Groups. His practice is primarily focused on water law, where he represents clients before the Montana Water Court in the statewide water rights adjudication, before state district courts in water administration and distribution matters, and before the Montana Department of Natural Resources regarding the permitting of new water rights and changing existing water rights. His practice also includes representing clients in court and administrative proceedings regarding general environmental and natural resource permitting and compliance, environmental tort defense, and real property issues. He has been rated as one of Montana’s top Environmental & Natural Resources attorneys according to
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John and attorneys represent clients in all substantive areas of water law, including appearing before the Montana Supreme Court, the Montana Water Court, Montana district courts, as well as in administrative proceedings before the Montana Department of Natural Resources and Conservation and the Montana Department of Environmental Quality. John is experienced at researching historical water rights usage before 1973 to quantify and qualify rights as part of the water rights adjudication. He also works with clients to develop new water appropriations, to change existing water rights, and to transfer water rights as part of real property transactions. John represents a diverse water-rights clientele, including ranchers, farmers, municipalities, industries, conservation interests, and real estate developers.
In addition to water rights matters, John assists clients in matters involving environmental permitting and compliance. He is often called upon by companies to represent them in proceedings before administrative agencies regarding permit objections, permit challenges by third-parties, and agency enforcement actions.
John’s real property practice includes representing landowners, developers, and others in dispute resolution and litigation. He frequently handles matters involving boundary line disputes, ditch and access easements, and other matters. In addition to representing clients in dispute and litigation, he also represents clients in deed preparation, land transfers, and buy-sell matters.
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John has extensive experience handling complex litigation involving environmental tort and environmental contamination and cleanup arising from major industrial accidents leading to both federal Superfund and CERCLA liability, as well as liability for state law Superfund counterparts. Much of his representation in this area has been in connection with liability allocations and cost contribution.
John was born in West Lafayette, Indiana, and raised in Fort Collins, Colorado and Bozeman, Montana. John received a bachelor’s degree from Montana State University College of Agriculture in 1987. While attending MSU and for a short time thereafter, he worked as a newspaper circulation manager, ski instructor, landscaper, tree trimmer, and urban planner.
In 1990, John moved to Seattle, Washington where he worked in the environmental remediation and consulting field throughout the Pacific Northwest. He held the position of Pacific Northwest Branch Manager for a national environmental services company. In 2001, John enrolled in law school at the Seattle University School of Law, where he graduated
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John is married to Leah, and they have one adult son. When not practicing law, he is active in the Helena bicycling community and races in road, mountain bike, and cyclocross events. He is also an avid alpine and cross-country skier, and is active in land conservation efforts as a member of the Board of Directors of Prickly Pear Land Trust, and having served on the Lewis & Clark County Citizens Advisory Committee on Open Lands for seven years.
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