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At Live Water Properties, one of the topics that most frequently comes up in our discussions with Ranch Sellers and potential Buyers is water rights. The subject of water right laws in western states is broad and nuanced from state to state. As Ranch Brokers it is critical that we have a thorough working knowledge of a myriad of topics related to ranch ownership including water rights, mineral rights, title matters, tax implications, recreational regulations and commodity markets. Having a working knowledge and being a subject matter expert however is a different ballgame – we feel it is equally as important to maintain a dynamic network of relationships with industry experts for the various topics we encounter daily, such that a quick call or email, can have questions answered by the best of the best. Our relationships with a multitude of experts related to ranch ownership, pre-purchase diligence and ranch preparation for a timely sale is unparalleled. One such contact is Denver-based water law attorney, Bill Wombacher who created the following article regarding fishery-specific water rights in Colorado:

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Private Fishery Water Rights in Colorado

In Colorado, water rights can be obtained for almost any desired use, so long as that use is found to constitute a “beneficial use” in the eyes of the law. For nearly a century, the definition of “beneficial use” was thought to be expansive and to include essentially any use that a person could imagine. As a result, property owners devised creative ways to increase the value of their property through the use of water resources.

One such method used by the owners of ranch and agricultural properties was to improve irrigation ditches so that they had value beyond simply carrying water to a field. While water rights associated with most irrigation ditches are limited to use for irrigation purposes, landowners have some flexibility concerning how that water is conveyed to its ultimate place of use. This provides the opportunity for irrigation ditches to be improved for aesthetic and fishery purposes, so long as those improvements do not result in a substantive increase in consumptive use under the water right.

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For example, ditches were improved to appear as natural water ways and were engineered to include fish spawning areas, riffle pools, shelter for young fish, and habitat for macroinvertebrates. Fishery related improvements were particularly viable for properties in close proximity to a natural waterway and where the irrigation ditches terminated in the same stream from which the water was originally diverted (i.e., there was flow through potential). However, the use of irrigation water rights to support in-ditch fisheries was limited by the fact that irrigation water rights can only be diverted during the irrigation season; typically April to October. As a result, fish that made their way into improved irrigation ditches could become stranded when the flow of water ceased at the end of the irrigation season.

Property owners interested in maintaining a year-round fishery would obtain new water rights specifically for the purpose of diverting water down improved irrigation ditches during the winter in order to sustain the fishery until the next irrigation season. Colorado water courts granted such rights for decades allowing for the creation of dramatic water features and recreational opportunities on properties throughout the state.

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However, in 2015 in the case of St. Jude’s Co. v. Roaring Fork Club, LLC, the Colorado Supreme Court determined that diversions into and through a ditch for fishery, recreational, and aesthetic purposes, without impoundment, was not a “beneficial use” under Colorado water law thereby prohibiting such water rights. As a result of this decision, private parties can no longer obtain direct flow water rights for such purposes making it extremely difficult, if not impossible, to develop year-round fisheries in improved irrigation ditches. It is important to note that storage rights (ie. ponds and reservoirs) for these purposes are still lawful and may be obtained from the Water Court.

Much to the dismay of many water users, the St. Jude’s decision did not discuss what should become of the hundreds of existing direct flow water rights already decreed for fishery, recreational and aesthetic purposes. This uncertainty resulted in legislative efforts to clarify the status of existing water rights, which succeeded in 2017 with the passage of House Bill 17-1190. That bill confirmed that the St. Jude’s decision did not apply to water rights decreed prior to July 15, 2015, thereby protecting all existing water rights decreed for uses that the Colorado Supreme Court had found to be unlawful in the St. Jude’s case.

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Because private parties can no longer obtain new direct flow water rights for fishery, recreational or aesthetic purposes, those that currently exist and are protected under HB 17-1190 are prized by parties seeking one-of-a-kind ranches and recreational properties in Colorado. Parties who currently own such rights should ensure that the rights are being properly managed to protect their long-term viability. These water rights cannot be replaced and are extremely rare and extremely valuable. Parties interested in unique recreational properties would be wise to search for properties that include these unique improvements.

If you have questions about water improvements for your property or the status of your Colorado water rights, contact Bill Wombacher at [mail_to email=”wwombacher@nswlaw.com”]wwombacher@nswlaw.com[/mail_to] or [ai_phone href=”+1.720.647.5661″]720.647.5661[/ai_phone] or though www.nswlaw.com.

Dear Jackson Hole Diary, I know you know I am the person who wants to get a pair of jeans named after her: the new Macye high rise toothpick dark rinse sublime ankle. You can imagine my hesitation two years ago when my twelve-year-old boy started dreaming of snowmobiling adventures. He couldn’t think of anything else, and I? I couldn’t think of anything less glamorous. I mean layers and layers of clothes to make this kind of winter fun happen. But I sure love that kid, so when he turned thirteen we made it happen…rented three snowmobiles and headed up to Togwotee Pass (located north of Jackson Hole on the Continental Divide, elevation 9,655 feet). A destination where annual snowfall can exceed 25 feet.

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My husband and I were jittery with nerves and we worried we didn’t have warm enough gear and we made small talk as we headed into a blustery snowstorm, but my son wasn’t unnerved. We didn’t know where exactly to park the F150 with the long trailer that held one Ski-Doo and two Polaris snowmobiles. Not only was there trepidation about the visibility, there was a huge amount of fear about getting the snowmobiles on and off the trailer without wrecking them. We tried to look very professional when we rented them in Jackson, but we were the rookies if ever there were snowmobile rookies.

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The sleds have to come off the trailer backwards, got it? My husband cranked the closest one to life, put one knee up and reversed the thing, clackety clack down the metal ladder. “Job well done!” I called as he slammed the break, and I think he smiled. It was hard to see through the huge snowflakes coming down. And in no time, he had the other two off, and more people were finding this parking area. I know my husband was thrilled we were in the lead: 1) he had more room to unload and 2) we would be on the trails sooner.

It’s hard to be afraid for someone else when you are scared to death yourself. So…I didn’t worry about my son as he shot off. I worried about myself. The sled I had was testy and responded almost before I accelerated. It was new and it wanted to run. I fell in line behind my man and my son grateful that snowmobile suits (from rental shops) are nice and bright. I thought it’s okay, the exhaust isn’t bad and guess what? I like going fast. You are supposed to go fast.

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Alpine skiing is my passion, but wow, this is different. “With more than 4 million riders hopping on a snowmobile annually*,” I’m starting to get it. And then I see no roads, a few other snowmobilers zing past us on the trail. They show the number of people behind them with a gloved set of two fingers, the next one finger, then a fist. Safe to say, no one else is coming. And for what it’s worth, I’m having a blast diary. And then my son swings right going deeper into the national forest. I turn out after him. We get a reprieve from the snowfall closer to the trees, and the sun beams down through a break in the storm clouds. “Spectacular,” I say under my breath. I see the Pinnacle Buttes, the jagged mammoths of breccia, rock composed so solidly it’s like it has been cemented together. Here it is a long wave of cliffs and spires.

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I rip through the powder field. Everyone pauses to catch their breath and take it all in…the powder is over a foot deep in places. I just completed two sets of figure eights. I can’t believe I live so close and have never done this before. I’m really proud of my son for forcing the adventure. It wasn’t even that hard I’m thinking as we get back on trail. And thanks to him, we journey onward to the dazzling Brooks Lake Lodge, a tiny converted guest ranch (nearly 100 years old) that now boldy awaits. I park my sled in a line behind the others…I throw my leg over the seat and find footing once again. I crunch through the snow, find my son’s gloved hand and we laugh about the fun we’re having. “Did you see my jump?” I shake my head. “Show me after lunch!”

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So, JH Diary, you are catching me in a moment of gladness. Inside Brooks Lake Lodge, we sit at a table near the floor to ceiling fireplace. I yearn for water and then ask for hot chocolate. My husband orders duck nachos for everyone. And we plan to come next year (2020), and we did, bringing along one of our daughters too. I’d like to share a few pictures of our snowy playground.

*http://www.snowmobile.org

At Live Water Properties our land and ranch brokers are well acquainted with the top attributes buyers seek in a ranch. Views, river access, wildlife, improvements and proximity to amenities often top the list. When one thinks of improvements, they usually envision beautiful mountain lodges, guest cabins and barns. One ranch improvement that may not come to mind is an arena. Having grown up with an arena in my back yard, I think a riding arena is a hidden gem waiting to create endless ranch memories.

I grew up in Wilson, Wyoming, ten minutes from the town of Jackson. Jackson Hole was not on the map in the same way it is today. When my parents built our house, my dad got his dream of having an arena. It wasn’t until I went to college that I realized how fortunate I was to grow up with an arena in my backyard. Not only was I blessed to be able to ride my horse and practice team roping almost any time I wanted, but the arena went beyond a simple improvement. I’ve been coached by family and mentors in that arena, shared beers and laughter in that arena. I’ve learned hard work and discipline in that arena, but also to not take myself too seriously. It has allowed me to share an incredible amount of quality time with my dad, Pete Feuz, from my childhood to today, and I might not have had that otherwise.

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Building a Riding Arena

When looking at a ranch, an arena might look simply like a 140’ by 280’ box of sand that requires little work to build. It is more than that. An arena takes several weeks to months to build and needs to be well thought out. My dad is the founder and former owner of Feuz Excavation. He has built many arenas in Jackson Hole over the years. According to Feuz, there are important considerations when designing and building an arena. One needs to consider how much site work will be needed to grade the site pad. The footing source/sand is also an important consideration. Are there nearby sources or will the footing need to be imported? Local contractors will often have various sources.

Drainage is also extremely important in the design of a riding arena. A water source and groomer are also necessary for the upkeep of the arena once it’s built. There are different options for fencing an arena, and one needs to determine if one wants permanent fencing options such as metal pipe or continuous panel fencing. Wood fencing offers aesthetic appeal but will need to be replaced as it has a shorter lifespan in the Rockies, unless they are treated.

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Choosing the Right Excavator/Contractor to Build an Arena

When choosing an excavator to build an arena, it is important to work with someone who has experience in building arenas and with horses. If the excavator does not have horse experience, have them consult with someone who does. Different types of riders will have various needs that one should determine up front. As Feuz mentioned, English riders often want less sand and a harder surface than a roper or cutter might. From the leveling to footing to drainage, it is important to have an arena that is built correctly and not to “cut corners.”

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More than Just an Arena

Today my parents still have that arena, and I’m fortunate to live a mile down the road. Things have changed quite a bit since I was a kid, but that arena still remains one of my favorite places on earth. In a way it remains a constant for me, roping with many of the same friends that have roped there since I was five years old. Now some of my friends bring their kids each night, making it a place that three generations have enjoyed. There is nothing like leaving work, heading home to saddle and hopping on my horse for an evening of practice with friends and family.

Don’t overlook an arena on a property. They can complement and round out the many other elements of a ranch or horse property. If building one, find the right contractor. Whenever Live Water Properties lists an equine property for sale, I enjoy looking at photos of the arena, especially knowing the work that goes into building an arena, maintaining one and keeping the ground good. While riding arenas can often be ranch improvement one breezes by, it is amazing how many memories a 140’ x 280’ box of sand creates.

Click here to explore horse properties for sale

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Thank you Nicole Uhl Photography for many of the great images

In the United States of America there are plenty of wildlife art events that can be found in every corner of the country. A group of Charleston, South Carolina businesspeople had been to these shows and decided it could be a great resource for their city. In 1982, Southeastern Wildlife Exposition was born. The first exposition took place the following winter in 1983. In the past 37 years, SEWE “Sea We” has developed into the most sought-after exposition of its kind.

The Southeastern U.S. is the location for the exposition; however, paintings and photos of wildlife, sport and landscapes are gathered from around the world. SEWE also offers the chance to mingle with the artists who are selling their work. It allows for the attendee to understand the inspiration behind the piece of art.

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From the beginning, SEWE has been an event to promote advocacy through art for wildlife and to give back to the great Charleston area. Since its inception, it has done exactly this. “Today, an average of 40,000 attendees come to see more than 500 artists, exhibitors and wildlife experts from around the world,” said John Powell, Executive Director of SEWE.

Day tickets are $25, which is an important aspect of SEWE because every person is vital for a fruitful and successful event. The inexpensive tickets make the event accessible creating business for the greater area of Charleston. In 2019, hotels about a half-hour outside of Charleston were being booked for the February 2020 event.

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“Direct state and local taxes are the simple answer for how SEWE gives back to Charleston. There are also plenty of economic growth that is tough to measure through hotels, restaurants and retail,” said Powell.

Over the three days of SEWE there are many exciting events to attend. Arguably one of the most popular would be “Dock Dogs.” This light-hearted activity will have six different categories each day, one event exhibiting how far a dog can jump.

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The thrill of fishing for Redfish is truly a family affair and with the idea of sustainability in mind, cooking these fish can be a great lesson for all. On Friday February 14th at 11AM, South Carolina Department of Agriculture Commissioner Hugh Waters and Captain Jamie Hough of Redfish Mafia Charters and season 10 of Master Chef will hold an event on how to properly prepare Redfish for a date, friend or family. This takes the fishing experience the extra mile to harvesting the animal to the table.

For those seeking education opportunities, birds of prey flight demos presented by BP America will provide plenty of information regarding our friends in the sky. On Saturday February 15th at 10:30AM, “One of the most educational and entertaining shows during SEWE, see amazing flight demos up-close by a variety of raptors including falcons, eagles, owls and hawks and learn about the important role they play in our eco-system.” * See below.

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John Powell offers advice for first timers, “Attend Friday as it is the easy day to get around. Go explore the events which you have the most interest in, as attendees will likely spend more time than anticipated at topics of interest.”

The Low Country Social stands out as Powell’s favorite event as it is laid-back, food and beverage with friends under a starlit sky. This event will begin at 7:30PM on Saturday February 15th at Brittlebank Park.

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The newest addition, A Big Night for Small Works, to the SEWE events will take place on Wednesday February 12th, at 6:00pm. The event promises to provide unexpected experiences, “this party will showcase a unique viewpoint for enjoying wildlife art and the finer things in life.” * See below.

John has been with SEWE for over 10 years, and he truly enjoys seeing the exposition come to fruition each and every year. If he could change one thing, he would enjoy attending SEWE as an actual attendee. From time to time, he would appreciate the aspect of not having to worry about everything running smoothly.

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Live Water Properties’ headquarters is based in Jackson Hole, Wyoming; we are thrilled to see Wyoming artists attending 2020 SEWE. Keep an eye out for the following Wyoming artists – Jim Bortz of Cody, Mark McKenna of Powell, Sandy Scott of Lander and Kathryn Turner of Jackson Hole. Turner has high enthusiasm as SEWE 2020 approaches, “it is an honor to participate in it each year because of the notoriety it has earned as a top art event in the country. SEWE is a wonderful opportunity to share artwork inspired by the wide-open spaces of Wyoming’s high country with Charlestonians, who welcome us with unmatched Southern hospitality.”

Our entire Southern Team of Brokers will be in attendance; be sure to bring questions about land offerings in Florida, Georgia and South Carolina to Toby Anastasio, Hunter Brant, Jane Brown, Catherine Cobb or Sarah Sanford.

* https://sewe.com/events#category=educational&days=all

Jeff Shouse was born in Iowa, his parents living in Iowa City at the time while his father was finishing up his engineering degree at the University of Iowa. His parents wanted a change of pace from the Midwest, so by Jeff’s second birthday, his family had relocated to northern California, eventually settling in Tahoe City on the north shore of Lake Tahoe. Jeff’s Dad is an avid sportsman, so it was only natural that from an early age, Jeff was exposed to a heavy dose of the outdoor lifestyle with a big emphasis on hunting and fishing. Jeff also was a passionate skier in his early days by virtue of living in the Sierra’s, home to some of the best ski areas in the west.

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In 1975, a job opportunity presented itself in Montana, and Jeff’s dad decided to pack up the family and head north to Bozeman – a move that was destined to have a huge impact on Jeff’s life. There were good local fishing opportunities in California, but hunting opportunities were somewhat limited. “Dad would take me back to Iowa or South Dakota once a year to hunt pheasants and quail with my Grandfather and Great Grandfather. We had a few relatives that owned farms with birds, and hunting with four generations of Shouse’s on those trips created very memorable and impactful experiences for me. Once we got to Montana, skiing took a back seat to hunting and fishing for me. There was just so much opportunity to spend time in the field – I always had a pocket full of tags and along with the bird hunting, pursued bowhunting big time.”

Jeff graduated from Bozeman High School and subsequently received a BA degree in Political Science from Montana State University. He played football, baseball and threw javelin in track all through high school. “Between school and a hectic sports schedule, I was always pretty busy, but I fished and hunted as much as I possibly could around that other stuff. If I didn’t have a practice after school, I was headed to a trout stream with fly rod in tow.” Jeff worked as a fly fishing guide in the summers while going to college. One of his regular clients offered him a compelling job opportunity after he graduated from college, which took him to Amarillo, Texas. It was here that Jeff got his first taste of the real estate business, where he was involved in leasing, property acquisition, and sales of commercial property. While the big game and bird hunting in north Texas was great, there was no trout fishing, and after many long road trips to Colorado and New Mexico to chase trout, Jeff decided that he needed to get back to the mountains of Montana.

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Rowing a drift boat on the river again, Jeff recalls thinking about how many of his fishing clients were always asking about Montana property purchase opportunities, particularly as it related to hunting and fishing acreage. “I realized here was an opportunity staring me in the face. I knew the country intimately and understood the sporting lifestyle as well as anyone could.” Jeff acquired his real estate license in early 1988, and signed on with a Bozeman-based farm and ranch real estate firm. In 1990, Jeff put together one of the most memorable deals of his real estate career, where he listed and sold the 5,200± acre Buttleman Ranch west of Bozeman which featured roughly four miles of a premier tailwater fishery called Willow Creek. “This property transaction represented the epitome of what I wanted to do – market and sell the lifestyle that I live.”

A few years later Jeff was offered a partnership opportunity with another well-established Bozeman broker, and stayed with this firm – Country West Ranch & Land – for about 14 years. It was here that another Live Water Broker, Craig Janssen, started his real estate career. Afterwards, Jeff started his own firm – Western Ranch Properties – which he ran for 6 years before joining the Live Water Properties’ team in early 2013.

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Jeff has really enjoyed his tenure with Live Water and appreciates the platform that the company provides in assisting him with putting sellers and buyers together in meaningful, sometimes life-changing transactions. “I’ve had a few clients tell me that the work I did for them in finding that ‘perfect property’, has impacted their lives in more positive ways than I’ll ever know. Boy, that’s humbling, gratifying, and something that I’m really proud of. I’ve been at this a long time and I’ve sold a lot of dirt. I love the business; not being tied to a nine to five regimen, setting your own schedule and determining what goals you want to accomplish, driving those rural backroads in beautiful country and meeting a myriad of interesting people with a broad variety of backgrounds. I’ve always got a fly rod or shotgun in the truck, and usually one or two bird dogs. The best way I know to show a fishing property is to literally ‘test the waters’ – put a fly rod in someone’s hands and let them see first-hand if the place fits the bill. Or turn a few dogs out to see if we can get some points on a pheasant or a covey of Huns. This really is my job…what’s not to like? A lot of these properties will sell themselves – you just need to learn when to get out of the way.”

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Another sideline passion for Jeff centers on music, especially bluegrass. At age 14, Jeff was dabbling with guitar while his younger brother was trying to learn banjo. After some time, his brother moved on to other things and Jeff started “noodling” with that 5-string. “I watched John Hartford play banjo on the Glen Campbell show and that got my attention. Soon afterwards I heard Earl Scruggs play the theme song to the Beverly Hillbillies and I was hooked for good!”

For the past 40+ years, Jeff has been exploring the banjo, which has led to stints with a number of Montana-based bluegrass bands and opportunities to play countless venues – from private functions to concerts to festivals such as the Big Sky Big Grass and Grand Targhee Bluegrass Festivals. He is also a collector of vintage pre-war Gibson Mastertone banjos.

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Jeff stands behind the life mantra of “Live Well.” In other words, he believes it is important to try to check off some of those bucket list items as the opportunity presents itself, “as life invariably will get in the way if you don’t.” His passion for fly fishing and hunting has taken him too many interesting locales including Russia, Norway, Cuba, Argentina, Chile, and extreme northern parts of Alaska and Canada, to name a few.

Whether there is a question about a sporting property in the Rocky Mountain West, or the second verse of “Same Ol’ River” by Sam Bush – Jeff will probably have the answer. Connect with Jeff here to learn more about Montana land and ranches for sale.

New England has a rich history in the outdoors; from lumberjacks to lobster fishermen, the first settlers based their roots in the diverse landscape. Matt MacMillan of North Conway, New Hampshire, found himself skiing the woods around his hometown from a young age. With mountains like Attitash Ski Area and Cranmore Mountain Resort, he had multiple options of where to perfect his S turns on skis. In the summer months, Matt often spent the early mornings and late afternoons angling in the creeks that slither their way through New England. His father and uncle introduced him to harvesting whitetail deer as an early teen. The outdoors played a large role in Matt’s young life and continued when he decided to study at the University of New Hampshire.

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His years spent in Durham, NH, consisted of studying within his wildlife management degree and ample skiing. By this time, he and his friends were tired of the resort skiing in the Northeast. They started skiing notorious expeditions, like Tuckerman’s Ravine. Matt has pride as he claims, “we skied tucks in 203 slalom skis and hiked up in Dunham boots with white cotton socks.” Spring of 1996, marked graduation for Matt, and in November of that year he and four friends made the perpetual move of east coasters to the West.

They ended up in Vail, Colorado, where they were “blown away” by the powder that he had dreamt of for some many years. When the spring skiing hit Vail, they decided to pack up into a car to explore the other mountains in the Rocky Mountain West. One of their stops was Jackson Hole, Wyoming, and Matt fell for the western lifestyle. He went back to Vail that summer and worked at a landscaping company where he met a woman who would one day become his wife.

November of 1997, Matt and his friends found themselves packed into a small condo in Jackson Hole, WY. Matt had the two-year plan of living out West skiing powder, harvesting elk and fishing the rivers around Jackson. This was Matt’s lifestyle until the spring of 1999, when he obtained his real estate license. He worked in the residential sales and development business until 2005.

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One of his UNH friends, Tate Jarry, started working at Live Water Properties, and Matt quickly joined the team in 2005. Matt has been with LWP for 14 years now and has enjoyed himself, “the nature of the business and the product we deal with is inherently interesting, we get to deal with incredible properties, and we get to meet exceptional people through that process.” Since joining Live Water Properties, Matt has averaged an annual sales volume of $20 Million and is credited with over $240 Million in sales during that time. He was awarded the top producer in 2011, 2012, 2013 and 2017.

Matt claims that it is too difficult to say what his favorite transaction has been over the years as each is different with its own specific beauty. “One really rewarding aspect of the business for me is getting to truly understand a buyer’s vision for his/ her perfect ranch and finding that property. Oftentimes a property is more about the ‘feel’ that it gives a buyer, which is hard to measure and equates to much more than acres or river miles.” His goals for the next year are to help the sellers that he is currently representing to find buyers that will carry on the traditions that they have instilled on their properties. A few to mention are the Sixty Six Farm, Silvertree Ranch and 3 Bar H Ranch.

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Matt currently resides in Jackson Hole, WY with his wife, Sarah and three daughters. Matt and Sarah have successfully instilled the love for the outdoors in the girls. Matt took Avery out last year and watched her harvest her first bull elk, a highlight of Dad’s hunting season. Avery, Kylie and Hadley are all avid skiers with the older two girls alpine racing with the Jackson Hole Ski Club. “The girls rip on skis, my only chance to keep up these days is with the five-year-old but my days are numbered with her too!”

Matt has a lot of sayings that he likes to throw around the office. His mantra for 2019, “keep hammering.” He hopes that in the future it may be more along the lines, “more fishing and more skiing,” but time will tell to see where he is by then.

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