,,7)Dedicated to the Candidates of • • • r olitics is the practical exercise of the art of self-government, and somebody must attend to it if we are to have self-government; somebody must study it, and learn the art, and exercise patience and sympathy and skill to bring the multitude of opinions and wishes of self-governing people into such order that some prevailing opinion may be expressed and peaceably accepted. Otherwise, confusion will result either in dictatorship or anarchy. The principal ground of reproach against any American Citizen should be that he is not a politician. Everyon,e ought to be, as Lincoln was. " -Elihu Root Speech presenting statue of Lincoln to the British people, July 28, 1920 colorado WATER RIGHTS ... to assist in or contribute to the protection, conservation and development of water in the state of Colorado

SUMMERfFALL 1996 Published by Colorado Water Congress VOL. 15, NO.2 CANDIDATES 66Tulk on .W"uter" SENATE 3rd CONGRESSIONAL 4th CONGRESSIONAL

"If we don't work together "I want to represent to voluntarily address Colorado in Congress and environmental water needs, "There is nothing more continue to serve in the then the door is open for important than water. " great tradition offormer federal agencies to impose a -Page 4 Congressmen 'Washington solution. '" and ." -Page 3 -PageS Congressman State Senator AI Gurule Wayne Allard

"The short term dollars that "Colorado voters wantfor might be gained through the "Next to our people, all of us - environmentalists, sale of some or all of Colorado's most valuable farmers, hunters, water Colorado's waters to other states can never make up for asset is our water. We must developers - to sit down in a the long-term limitations that be vigilante in our watch room and find some such sale or lease would over the water, protecting it common-sense solutions to place on future generations from other states and the the resource problems that of Coloradans in their efforts federal government." we all know are out there, to continue to have a -Page 4 just waiting to bite us. " successful, vibrant economy. " Congressman Guy Kelley -Page 3 Scott McInnis -PageS 39th Annual CWC Convention January 30 & 31, 1997 Holiday Inn, Northglenn • ~ \ \ t • • •• • • • , •• \.. .,. \ t' ....,' •••••••••••• , • , , , ••• , , t , • , "' , • f • f • • •• t , , • t • , • Calendar of· COMING EVENT0

October 25, 1996 - CWC WORKSHOP Hilton, Reno, NV. For more information, ON LEGAL EHTICS IN WATER & ENVI­ contact the NWRA office in Arlington, RONMENTAL LAW - Holiday Inn Virginia: 703-524-1544. COLORADO WATER RIGHTS Northglenn, 1-25 & 120th Avenue, Published by: Northglenn, CO. For more information, November 13, 1996 - CWC WORK­ contact the CWC office in , CO: SHOP ON THE FEDERAL PROCESS: Colorado Water Congress 303-837 -0812. LOBBYING FEDERAL AGENCIES & THE CONGRESS - CWC Conference Room, 1390 Logan Street, Suite 312 November 1,1996 - CWC WORKSHOP Suite 312, 1390 Logan Street, Denver, Denver, Colorado 80203 Phone (303) 837-0812 ON WHAT YOU SHOULD KNOW ABOUT Colorado. For more information, contact Fax (303) 837-1607 THE LEGISLATIVE PROCESS: THE the CyvC office in Denver, CO: 303-837- Member of LAW, THE RULES & THE PRACTICES - 0812. National Water Resources Association CWC Conference Room, Suite 312, 1390 Dick MacRavey Logan Street, Denver, Colorado. For more November 20, 1996 - 16TH ANNUAL Publisher information, contact the CWC office in CWC WORKSHOP ON FEDERAL AND Linda DeatonlLatitudes North Denver, CO: 303-837-0812. STATE WATER QUALITY DEVELOP­ Editing/Production MENTS- CWC Conference Room, Suite Publication Printers November 7,1996 - CWC WORKSHOP 312, 1390 Logan Street, Denver, Colorado. Printer ON GROUND WATER - Quality Inn For more information, contact the CWC Denver South, 1-25 & Hampden Avenue, office in Denver, CO: 303-837-0812. OFFICERS 1996 - 1997 Denver, Colorado. For more information, Neil Jaquet, Golden contact the CWC office in Denver, CO: January 30 - 31, 1997 - CWC 39TH President 303-837 -0812. ANNUAL CONVENTION - Holiday Inn Peter Nichols, Carbondale Northglenn, 1-25 & 120th Avenue, Vice President November 8,1996 - ewe WORKSHOP Northglenn, CO. For more information, Douglas Kemper, Aurora ON A REVIEW OF FEDERAL ENVIRON­ contact the CWC office in Denver, CO: Treasurer

MENTAL LAWS IMPACTING WATER 303-837 -0812. Kit Kimball, Denver -INTERESTS - CWC Conferenee Room, Assistant Treasurer

Suite 312, 1390 logan Street, Denver, August 21 - 22, 1997 - CWC SUMMER Dick MacRavey, Denver Colorado. For more information, contact CONVENTI·ON - Sheraton Steamboat Secretary the CWC office in Denver, CO: 303-837- Resort Conference Center, 2200 Village & Jim Hokit, Montrose 0812. Inn Court, Steamboat Springs, CO. For Immediate Past President more information, contact the CWC office BOARD OF DIRECTORS . November 11 - 14, 1996 - 65TH in Denver, CO: 303-837-0812. Robert O. BUll", Walden ANNUAL NWRA CONFERENCE .- Reno Steve Clark, Denver Kenneth Crandall, Sterling Ralph Curtis, Alamosa John R. Fetcher, Steamboat Springs Mike Gross, Silt . Ronald A. Hellbusch, Westminster Jim Hokit, Montrose Neil Jaquet, Golden Doug Kemper, Aurora .£(jt .£(jmball, Denver Rod Kuharich, Colorado Springs Douglas Lockhart, Grand Junction & Lakewood Wayne MjUer, Windsor Peter Nichols, Carbondale R. L. "Bud" O'Hara, Pueblo Ed Pokorney, Denver If interested, the following forms for your com­ 5.Larry D. Simpson and Ralph Adkins (for John Porter, Cortez David Robbins, Denver pletion and return to the Colorado Water Congress either an engineering student or a non-partner of an Paul Testwuide, Vail office are available: engineering firm) Engineering Scholarship for 1997 Reford Theobold, Grand Junction - Colorado Law Seminar; W. H. "Bill" Webster, Greeley Eric Wilkinson, Loveland l.Nomination form for the 1998 Wayne N. Bart Woodward, Snyder Aspinall Water Leader of the Year Award; 6. Charles L. "Tommy" Thomson and Fred E. Anderson (for either a student in government or a Ed Pokorney, Denver 2.Ed Boresen and W. D. Farr Scholarship (for an NWRA Director . government employee) Government Scholarship for Eric Wilkinson, Loveland active member of the agricultural community) for 1997 - Colorado Water Law Seminar. NWRA First Alternate 1997 - Colorado Water Law Seminar; Mark T. Pifuer, Colorado Springs The Wayne N. Aspinall Award nomination form NWRA Resolutions Member Sara Duncan, Denver 3.Glenn G. Saunders and John U. Carlson (for is due· at the cwe offices by August 1, 1996. The NWRA First Resolutions Alternate either a law student or an associate of a Colorado scholarship nominations are due at the CWC offices law firm) Legal Scholarship for 1997 - Colorado by July 1, 1997. If you are interested in any of the Water Law Seminar; above forms, please call, fax or write: Colorado Opinions expressed by the authors are not necessarily Water .congress., 1390 Logan St., Suite 312, Denver, those of the officers, members, and/or staff of the 4.Bill Hornby (for either a journalism student or CO 80203, (phone) 303-837-0812, (fax) 303-837- Colorado Water Congress. a reporter of a news media organization) Journalist 1607. Scholarship for 1997 - Colorado Water Law Seminar; © Colorado Water Congress, 1996 .

Colorado Water Rights The Senatorial­ ---Candidates

took after my election was to introduce a wilderness bill with Congressman Dan Schaefer that set aside olorado's reliance on a sustainable supply of . more land for wilderness than any other legislation. It water for use by current and future residents also explicitly denied a federal reserve water right. At is crucial to the future of the state. Without the time Congressman Schaefer and I felt it was impor­ water Colorado will not be able to plan for tant to put into writing that no federal reserve water new development that will maintain the right would be created by designating new wilderness quality of life in Colorado while providing for wise areas. Although our bill ultimately was not passed, it growth into the 21st Century. Also, without water, one served as an important water language anchor from of the economic mainstays of Colorado, agriculture, which Senator Brown. was able to negotiate the passage will be significantly harmed. In the past these were of the Colorado Wilderness Bill. issues that local elected officials would handle at the Over the past two years I've had the re~ponsibility state or county level in consultation with their con-. of chairing the subcommittee that has oversight respon­ stituents. However, in recent years the federal govern­ sibility for the Forest Service. During this time I've ment and politicians from other st~te~ have become become increasingly concerned with the actions they increasingly involved in water allocation in Colorado. have taken that would deprive Coloradans of their right Unfortunately, this means that the Colorado .congres­ to manage their water- Specifically, the Forest Service sional delegation has to spend time defending our has rescinded a directive that former Secretary of water rights. One of the difficulties in protecting state Agriculture Ed Madigan had issued restating the doc­ control of water is the education process we must pro­ trine that states had the right to allocate and manage viq.e to members who are from states that do not follow their water and that the permitting process for water the d'ocfrjne of prior appropriation. These members facilities on or above federal land would not be used as ofren db not understand how scarce water can be in leverage' to force farmers and municipalities to give up Western states and do not understand the impact of a po.rtion of their water in return for the reissuance of a . ~ctions taken by federal land management agencies .. . permit for current uses. This change in policy was par­ ~ . I do understand the impact that the federal govern .,. ticl,llarly disturbing because it ran .counter to testimony m~nt can have on water rights. As a young man 1- grew gIven before my subcommittee early in 19.95. At ~he up on my family's farm/ranch in Jackson county ang hearing I specifically asked the current Undersecretary Wayne Allard, a Republican, is Colorado's we relied heavily on the water rights we own~d . As a for Natural Resources and the EnviroJlment about a let-. Congressman representing the 4th District. former state senator from Loveland, I worked with tei: Secretary Madigan had issu~d to myself and other He is running for the U.S. Senate. Hank Brown, Bill Armstrong, and Ben Campbell in Western congressmen stating the prim'acy of state water ( ., protecting Colorado's supremacy over our water. It law in special use permitting. I asked if it was still the never struck me that federal land management agencies policy of the Forest Service to , "ensure that private .would even consider taking over a role that states have property right, including water rights, will be recog­ so adequately filled. nized and protected in the course·of special use permit- It was becal:lse of this that one of the first actions I Continued on Page 6

The following remarks were delivered at the Summer Senate. After all, other issues, such as the deficit, fate Convention by David Robbins on behalf of Tom of entitlement programs, education, public transporta­ Strickland. - tion, tax policy and foreign poIlcy certainly. have to have equal if not greater impact on our consideration of the candidates for this Senate seat. ood afternoon, ladies and gentlemen. For That having been said, I do think it is important to those of you who missed the introduction, I explain Tom's position because there are a number of am not Tom Strickland, a fact that probably issues of significant importance to our interest group dawned on all of you when you realized where your choice of U.S. Senator is vitally important that I have neither trimmed my mustache, to the State of Colorado when it comes to water e success in battling the bulge that Tom has resource issues. I refer to those issues that relate to the t having been said, I want you to know that I conflict between the State' s traditional role in water am pIe ed to be able to represent tom before the ' a:llocation and the interests of the federal government Water Congress today and that Tom Strickland extends in water resources and environmental protection, as his most sincere apologies for missing this opportunity determined by the Congress. At bare bones, this is a to discuss issues of importance to the Colorado water ' conflict between historic state prerogative ..and the community that you all so ably represent. Tom was growing environmental conscience of the nation. looking forward to discussing several issues of impor­ I think it is important for the water community to tance with you but was confronted with the problem look very carefully at its hold cards in deciding how to presented by several national officials coming into vote in the coming election and deciding how to town with whom he had to meet. The 1-1/2 hour drive express its very real concern about federal intervention each way to make this presentation made it impossible in this business of local water allocation decision-mak­ for him to accomplish that within his schedule, so you ing. That really is what it is all about. Here we are in are stuck with me. Colorado, an arid state to say the least, struggling with Suffice it to say that Tom Strickland comes to this the need to protect our existing economy and strug­ race for the U.S. Senate with a substantial amount of gling to insure that our economy remains healthy and personal experience and'an interest in 'matters ofn'atur­ able to grow at some reasonable rate. In order to do al resources policy. And, although he does not hold that, water becomes a key focus. Efforts by the federal Tom Strickland is an attorney with the himself out to be a water attorney or a water resources government to limit or control Colorado's economic Denver law firm Brownstein, Hyatt, Farber expert, he certainly has a significant amount of experi­ decisions through water use result in an impact on the and Strickland and is seeking 'a seat in the ence that has dealt directly with thes'e issues, including individual citizens directly affected ,by federal decision U.S. Senate. the enormous amount of time he spent on these issues and also on the State as a whole and its ability to when he served as Chief Policy Advisor to Governor progress. The beneficiary of decisions adverse to Lamm. But, heck, having extensive experience in Colorado's interests and desires is very often another water resources issues is hardly the sole or even most community or area in another state that is competing important criteria for choosing a candidate for the U.S. Continued on Page 7

Colorado Water Rights The 3rd.Congressional Candidates---

similar project. Regarding Animas-La Plate, I am concerned with hank you for letting me expand on the remarks both the cost effectiveness of the project as well as the Denis Berckefeldt made to you on my behalf at fact that as a mechanism to fulfill obligations to the Ute your conference in Breckenridge. I am very Indians it leaves a lot to be desired. I could support it sorry I could not be there myself but in a dis­ if the fulfillment to those obligations was in the first trict this size you can imagine that it is difficult phase as opposed to the second. to be at every event. I fully support the Clean Water Act. However we I know that Denis told you the story of trying to do need to make certain that undo burdens are not interest some Hollywood producers in a screenplay he placed on rural areas and if we expect small communi­ had written which had a conflict over water rights as its ties to meet certain standards we must provide help to central plot point. He kept getting the same response: them in meeting those standards. However, if we do a Can't we have something more important than water? better job nationally using our available water supplies Something more important that water. They didn't more efficiently and that includes conservation as well understand, but we do. There is nothing more impor­ as effective sewage treatment and investing in better tant than water, I often tell people that if they thought and more efficient water treatment plants for drinking the-oil crisis was a problem wait until clean usable water, there will be less pressure on upstream states to water is in sh(i)rt supply. Wait until we have no water provide more potable water. for irrigation and food production, or clean water to I also support investment in research and develop­ drink. There is no more important issue than water. ment for alternative sources of water such as solar I am committed to ensuring that Colorado water desalinization. This kind of Rand D can pay dividends . stays in Colorado within the parameters under the in increased sources of water as well as play a role in terms of existing compacts and agreements. I will fight job development. to make certain that those agreements are not rewritten If the opportunity presents itself in the next con­ or changed with effect of diminishing Colorado's gress, I will vote for National Part status for the Black share. Canyon of the Gunnison with the proviso that current Although, I am opposed to the Animas-LaPlata water users will not be negatively impacted by that project as it is currently designed I am not opposed to action. I am also opposed to the inclusion of federal Al Gurule, a Democrat, is a businessman large water projects in general. Each must stand on its reserve water rights language in any wilderness legisla­ and city councilman from Pueblo. He is own merits and if the project fills a need, and is cost­ tion. the Democrat candidate for Congress from effective I will support it. However I do have concern Regarding the Endangered Species Act, I do sup­ Colorado's 3rd District. about shipping water out of the San Luis Valley or the port reauthorization, however I am concerned about the Western Slope to the front range at the expense of the use of the Act to impede worthwhile projects. If law­ .residents lof.; thcs~ areas.::'; I < umleJ?StandLth~implicarions suits using the Endangered Species Act are primarily for economic growth that the availability of water rep­ about protecting an endangered species that is one resents. I am particularly opposed to AWDI or any Continued on Page 8

·t .~ .. : ...

S'eptember i 8, J 996

Dear Colorado.. Water Congress-

I sinc~rely regret that I was 'not able to water. For example, we must keep our treaty attend the 1996 Colorado Water Congress with the Ute Tribes by providing them with the Meeting. The following remarks outline my . water o~ligations the federal government major·concerns in regards to water. promised to provide. Animas-LaPlata is a As many of you are aware., we live in the good project and I believe we must honor our ..... - only state in the Continental . commitments. More importantly, if we fail to where all the water runs out of the state, and utilize our water. resources, and we do not con­ not a single drop runs into the state from . struct storage facilities, we will.play right into · another state. the hand of the water hungry states and the Next to our people, our most undervalued federal government. asset within Colorado is our water. Finally, I believe that 1~ is incumbent upon . I, Unfortunately, Colorado's ability to retain con­ all of us to take the time to visit with schools, trol over its own water is being threatened by ser-vice clubs and civic: org.aniz~tions to edu- ,'. . ,': water hungry states like and cate our .citizens 'on the imp

Colorado Water Rights • , ~ ..... • ....,. I • " ~ • , • • , , " ~ ~ , • , I • , \ ~ • , " , " , , " , " , , • , • , , • • I ..". t •••• I ...... , ••• , ... , ...... I' ••••••• , C t •• ,,, •• , •••• 6 .. . , • I \ ...... The 4th Congressional Candidates

and seek to secure private resources. With greater fre­ quency, private resources are simply taken or restricted. he Colorado Water Congress has a positive Many of us consider this practice a sort of theft. No influence on many issues at the Colorado matter what form plunder takes - it is always wrong. Legislature. As a state senator for the past nine Here's where I stand: Additional federal wilder­ years, I've enjoyed working with you . ness area or public land reservations of any kind in Colorado should not be created unless federal reserved First, let me introduce myself to those I've not met water rights are disclaimed, or purchased, or otherwise before. accommodates the water needs of all Colorado citizens. Since 1987, I've been representing the Fort Collins The United States Forest Service should be prohib­ and Larimer County area in the State Senate. When I ited from denying an existing permit for existing his­ started, I was 25 years old - one of the youngest ever torical uses of water that are stored on or above federal to serve in the history of the state. land. Bypass flow provisions should ensure the Forest I tend to focus on tax issues and business matters Service's ability to optimize flows by diverting water at the Capitol. 1've been Chairman of the Senate when necessary to protect the environment without Finance Committee, and I currently serve as Chairman decreasing yields or increasing costs to water users. of the Senate State, Veterans and Military Affairs Currently, the Brown Amendment on this topic, in Committee. We deal with a lot of cutting-edge issues the spirit of compromise, is further evaluating the issue like welfare reform, workers compensation and proper­ and how the forest service might proceed to protect pri­ ty rights. vate interests, and ensure public objectives. I'm a Republican. I'm convinced that property I support the doctrine of prior appropriation and rights will be among the most pivotal topics over the the supremacy of interstate compacts in defining our next 10 years. In fact, it took Lady Margaret Thatcher relationships with neighboring and downstream states. to come to America last year and impress upon mem­ More than anything else, the federal government bers of the United States Congress the unique Tole simply must treat states with proper respect. And property rights play in America to secure liberty - real states must be willing to assert proper authority to liberty. determine public policy. That's why it's so important Thatcher said private property ownership is a to send people to Congress who understand this. Bob Schaffer, a Republican, is a State moral quality. it represents the greatest leverage for Colorado cannot afford to elect a Congressman Senator from District 14 and is a candidate free people against the encroachment of big govern­ who will help Bruce Babbitt apply environmental regu­ for U.S. Congress - Colorado District 4 ment. lations in a way that molests our interstate compacts Water is at the cente"r of this concept. In Colorado, and existing water rights. we understand a water right as a property right. And in I want to represent Colorado in Congress and con­ .. ~d~· L0liltbe,ff1(lera1 g€t\5fUJlme.a t t(l) aG-hiflve "its ,goals"of tinue to serve in the great tradition of former environmental protection, federal agencies and federal Congressmen Hank Brown and Wayne Allard. policy makers frequently envy private property owners Continued on Page 8

are a central part of what makes them so proud to be Coloradans. have deep roots on the plains of eastern Colorado. Those are my first two points - and they have an My grandmother was born in Wray where her important bearing on how we manage ~ater reSOtlrces parents had homesteaded. My great grandmother in this state. In a word - it's balance. People are was born in Hastings above Ludlow where her depending on you - the people who really set the direc­ father was a coal miner. Even today, my parents tion on water policy in this state - to help find a way to farm in Seibert. I know how important water is to make sure that farms, businesses, and towns have a farmers and ranchers in this part of the country. My reliable water supply. But they also know about the day job - when not running for Congress - is at state instream flow "program - and they like it - a lot. Hewlett-Packard, which has gone from being a small They go to the mountains to camp, fish, hunt - and blip' on Larimer County' s economy to being a major they like being able to take their kids fishing there. e~onomic force. And -I know that economic develop­ As you know, that it will be no small challenge to ment like that doesn't happen without a reliable water do both of these things as we enter the next century. supply. . Just how the heck do we do it? Like, many people in this room, I am also a skier Well, from my conversations with Colorado voters, and a fisherman. And I know that recreation and I think people are telling us a couple more things. tourism is now this state s second largest industry, after One of the things "they are telling us is that they agriCulture. And all of us recognize tbat protecting like the idea of making more decisions locally, - at a Colorado' s scenic beauty - including its trout ,sfreams ­ level where people can participate and understand how is something we have to do to maintain this industry. their decisio!ls will affect their daily Ii ves. Since I announced that I was a candidat~ for the That does not mean they want weaker Clean Water U.S. Congress, I have traveled up and down the 4th Act standards. It does not mean they they are willing District more times than I can reqlember. 1've met to take more risks that endangered species like the with people in places as different as Fort Collins and whooping crane will disappear. They sure a heck Fort Morgan. But I am hearing the same things from don' t want dirtier air. But they want to make decisions people -across this state - Republican"and Democrat, "about how we achieve these goals at the state and local conservati ve and.li beral. level. Guy Kelley, a Democrat from Fort Collins They understand the importance of a strong econo­ Another thing they are saying is that they are tired is an engineer and bllsiness attorney at my for this state's future. They want to be sure their of all the rhetoric. Colorado voters want for aU of us Hewlett-Packard. He is on the Colorado children and grandch'ildren will be able to find good - environmentalists, farmers, hunters, water develop­ Board of Regents and is running for jobs here in Colorado. ers - to sit down in a room and find some common­ Congress for Colorado's 4th District. But people iIi this district also have a gut-sense of sense solutions to the resource problems that we all how important this state's open spaces, and its wildlife know are out there, just waiting to bite us. habitat, are to all of us. They see these - mountain That is what I am hearing, and that is what we ",:,ilde~ess areas, ~ity parks, trout streams, elk habitat - Continued on Page 6

Colorado Water Rights Allard 1):( 1):( 1):( Talking on Water, cont.

Continued from Page 3 take some legislati ve language that would protect happen. We need to be more proactive in addressing ting decisions for existing water supply facilities. In Colorado's water that-the Administration and Congress problems before they arise. At times it seems to me addition, the Forest Service will recognize and respect should be able to support. that we have given excuses for those outside Colorado the role of the State [in] water allocation and adminis­ The Forest Service has also issued a proposed reg­ to come in and attempt water grabs. If w~ had acted tration." The answer to this question was an unquali­ ulation concerning changes in management of National sooner and defused those situations much heartache fied, "Yes sir, we still operate in that manner." Forests that could have adverse effects on Colorado could have been avoided. Let me give an example of Unfortunately, that wasn't true. Later in the year we water users. Last year they issued a regulation pertain­ where this has been done successfully. A couple of were informed that not only did they not operate in that ing to the National Forest System Land and Resource years ago the Forest Service had demanded a by-pass manner, but they had rescinded the Madigan directive Management Planning. This proposal would move the flow from the cities of Loveland, Greeley, and Ft. previous to the hearing. Forest Service to managing on an "ecosystem basis". Collins. While it initially seemed that the Cities and This prompted Senator Brown and myself to attach While there may be some merit in this proposal, there the Forest Service would go to court over this matter a legislation to the Farm Bill specifically denying are also some issues that should raise concerns among positive arrangement was reached because of the dili­ authority for the Forest Service to tie the denial of Colorado water users. In this proposal they only men­ gence of local elected officials. The Cities agreed to water to the rightful owner in exchange for a permit. tion water once, and that mention does not conform to non-seasonal flows, but they wanted to control the This legislation was supported by the City of Boulder, public statements from Department of Agriculture offi­ specifics. The result was the Joint Operating Plan, the City of Loveland, the National Association of cials that states should be able to manage and allocate which was locally conceived and implemented and Counties, and the Colorado State Legislature passed a their water. The only mention of water is, "Forest actually ·put more water in the streams than the Forest Resolution asking the Forest Service to stop interfering plans should also address the protection of current and Service originally wanted and did not substantially in Colorado's water management. future consumptive and nonconsumptive water uses, raise costs or lower yields. This is a perfect example The primary reason for our amendment to the including instream flow needs." I would prefer that the of how forward looking officials implemented a plan Farm Bill was to protect the rights of the owners of this regulation clearly state that the Forest Service will ·that boxed out most dissent. This is a model for all water, however, another reason for taking this action respect valid existing rights and recognize state prima­ water users in Colorado, ·because if they don't work was to prevent the drying up of valuable green space in cy in water management. This regulation needs to be together to voluntarily address environmental water Colorado. I've always felt that one of Colorado's closely followed to ensure that the Federal government needs then the' door is open for federal agencies to greatest assets was the farmland that was interspersed does not usurp current state water management. . impose a "Washington solution". between the cities, particularly along the 1-25 corridor. These are not the only areas where I have worked Anyone who has ever driven from Ft. Collins to Pueblo to protect Colorado water from federal encroachment. has seen the farmland in between the municipalities. Among the other ar:eas I have had an impact are, addi­ This is one of the unique characteristics of Colorado. tions to legisl'\,tion protecting private property rights, Should the federal government deprive municipalities the Clean Wa:t~r Act, and the Endangered Species Act. of all or a portion of the water they own in return for a All of these pFOposals included language that would permit, they would be forced to buy water from other protect state water rights. In the future I will continue sources, mainly irrigated agriculture. The effect of this to work for Colorado interests in all legislation that would be the drying up of agriculture and the loss of . could have an impact o.n our ability to manage our prime green space to development. My concern should water locally. Wlrile-it would be my preference to not that happen is that Colorado's front range will not have to address. water rights at the federal level, the maintain its unique characteristic we enjoy today but attempts by the current Administration to usurp local will instead resemble the Los Angeles basin, which is control of water forces the Colorado delegation to city as far as the eye can see. The job of the Colorado remain vigilant. It's my hope that future administra­ delegation in Congress is to stop this from happening. tions will recognize that the best way to manage water During Conference on the Farm Bill Senator Brown is in the· states, not from Washington, D.C. However, and I reached a compromise with the F0rest Service until that time I will· continue to wOfk for the -·interests­ that temporarily halted the taking of water rights and of·Colorado water users. establishing a commission to study the issue and report While I will continue to vigorously defend our back to Congress early next year. Based upon the rec­ water, it is time for water users in the state to look into ommendations of this commission we should be able to the future and anticipate changes that will certainly Chris Paulson spoke on behalf of Wayne Allard. Kelley * 1):( .1):( .Talking ·on Water, cont.

Continuedfrom Page 5 on doing what we've been doing - but more of it. port. We have a record of finding innovative, creative need to bear in mind: balance, local decision making, I understand that the recovery program for ·endan­ solutions to problems like endangered fish on the and common sense. gered fish on the Colorado River has hit some bumpy Colorado River and bypass flows on the Poudre. Wednesday's Denver Post had a story on the back spots in the road. This isn't the first time. But step There are some challenges out there that have so page of the sports section that really brought a lot of back and think about it - you have a program where far eluded resolution. The endangered species issues this together. The Yampa Valley is one part of the state water users, environmentalists, the states, and the feds on the Platte continue to be a problem - though that is growing fast. But the people of the Yampa are working together. And they have agreed to do their Colorado and its water users have been constructive Valley got together and they looked at what the valley level best to use state water laws to protect the fishes' partners in .that process. is likely to do, and what it could look like if they didn't habitat. That is unprecedented. I think we have an My goal- as a member of Congress - is to encour­ do something - and decided they didn' t wan't to obligation to heed the citizens' admonition - balance, age these trends. ·Not every decision Iileeds to be made become another Eagle River Valley. local decision-making, and common sense - and make back there - though some will ~lways have to be. But So ranchers, ski area executives, and a lot of ordi­ this work if we possibly can. I think the future of this state depends on our elected nary people have been working at fashioning a differ­ Closer to home in my District, Greeley, Ft. Collins, officials having the guts to tell people who are fighting ent future. Ranchers like John Fetcher - who is one of and a lot of water users were headed toward a head-on it out over these issues - sit down with the other side, your real leaders - pioneered the idea of using conser­ collision with the Forest Service over renewing the and find a solution that works for the whole state. I vation easements to keep ranches in the ranching busi­ permits for some water projects on Forest Service land. won't try to solve it for you - because those solutions ness. The Nature Conservancy has been working with The state stepped in, and helped broker a win-win solu­ never hold together. You have to find a way to make it the locals to leverage some money to help that process tion that we should try to replicate in the future. That work. along, and to buy up critical pieces of land with the agreement will help restore trout habitat up in the For over a decade, water users and environmental­ promise they will stay in the agricultural sector. The Poudre River Valley - but without diminishing the ists fought over how to deal with water resources in state has pitched in through Great Outdoors Colorado. water projects' yield. That is the kind of thing citizens new wilderness arras in this state. There were count­ But the most important lesson is that the people are telling me they want to see more of - the decisions less meetings. Each side tried to roll the other side in who live in the Yampa Valley set aside the rhetoric, got made here, not in Washington, D.C. People sat the Congress. But ultimately, Senator Brown and and the labels, and they sat down together to plot out down and put aside their differences to find a balanced Senator Wirth and the rest of the delegation told the their vision of what the valley should look like 10, and solution that makes common sense. It's a winner. rest of us _. work it out. And we did. We came up with 100 years from today. And they are making it a reality. We here in Colorado have all the essentials we a Colorado solution to a Colorado problem. That is .an example many of us should look at very need to make Colorado water law work for all of the That is the model that I intend to use as your repre­ carefully. state's citizens. We have an instream flow program sentative from the 4th Congressional District. So what does this mean for water resource man­ that has been tremendously successful, and which agement? Well in many ways it means we should keep elected officials from across the political spectrum sup- Strickland * * * Talking on Water, cont.

Continued from Page 3 bargained in good faith. The citizens of Colorado and elected to the U.S. Senate, Tom would be a strong pro­ for the same economic advantage or opportunity. If the southwestern Colorado came to the table and clearly ponent of such changes. Tom also trongly believes Forest Service successfully deprives the norther Front bargained in good faith. Presumably, the federal agen­ that all regulations that affect private property hould Range of a percentage of its current water supplies, cies did the same. The resulting agreement was predi­ be based on sound and objecti ve science and that every you in effect limit its ability to compete for new busi­ cated upon the construction of the Animas-LaPlata effort should be made to minimize the social and eco­ nesses and related jobs that would otherwise depend Project. Many have criticized this country over the nomic impacts. This is the sort of moderate, indepen­ lipon those water supplies and thereby damage years because agreements with the Indian .tribes were dent leadership that has served Colorado well in the Colorado economically. ignored whenever it suited the national purpose. We U.S. Senate, and I believe will do so again with the On the other hand, lets' not delude ourselves. The have before us today another example where some election of Tom Strickland. American public, and a majority of the people in the members of our society would again seek to abrogate Similarly, Tom Strickland will support reauthoriza­ State of Colorado, are vitally concerned about the sta­ an agreement with our Indian neighbors. To do so tion of the C1ean Water Act and related efforts so long tus of our environment. As we have seen over the last would be unconscionable. The Animas-LaPlata as they continue to reflect the need for protection of several years, the efforts to dilute or buffer the Project should be constructed and Tom Strickland, if our water upp1ies in the arid We t and provide for the Endangered Species Act, the Clean Water Act and elected to the Senate, would work to see that construc­ reasonable protection of the operation-of various water related pieces of federal environmental legislation have tion occurs. storage and diversion facilities so that beneficial use of had a significantly difficult time before the Congress, Protection of Colorado's Compact-apportioned water can be made in a way that in ures the long-term even the Republican-controlled Congress. The time is waters. This is another area where we can determine economic life of Colorado. long past for simple statements of an elected represen­ how a candidate for high office views Colorado's inter­ Final1y, let me say a word about taxes. Tom is a tative that he or she will protect Colorado's Compact­ ests. Tom Strickland understands the importance to the strong supporter of tax reform. As a private citizen apportioned waters without regard to other aspects of State of Colorado of the various Compacts to which we who has helped build a thriving business here in the environmental equation. We fool ourselves as a are signatory. He understands there are significant Colorado, Tom knows as well as anyone in this room State if we Wnk that Colorado is in a position to force pressures on the State to allow other states to use more that our tax code i a mess. Tom will fight in through water development projects without regard to of the water flowing in our ri vers and the desire of Washington for tax reform that will simplify the y­ the environmental consequences Of ignore obligations many states downstream to formally or informally real­ tern, ease the tax burden on all Americans yet still imposed by federal environmental regulations. We locate those flows to their respective benefits. He is retain the essential foundation of progressiveness. But have to find the appropriate middle ground which wjl] aware of the o!lgoing demands from Nevada for addi­ Tom understands that before we pass tax reform legis­ allow us to protect the uses of the State's waters which tional supplies from the Colorado River. He under­ lation, we must address the issue of deficit spending. It we enjoy today and to protect our ability to make addi­ stands the. interests expressed by the City of is absolutely unacceptable that Congress, under the tional uses of that water in the future. Doing so will Albuquerque for additional water from the Rio Grande. leadership of both Republicans and Democrats, has require innovation and the ability to meet not only with He is aware of the ongoing litigation between the been unable to operate the federal government in a fis­ the water community but also with the environmental States of Kansas and Colorado. Tom Strickland under­ cally responsible manner. That's one of the reasons community in order to harmonize conflicting views stands that for any of those Compacts to be changed to why Tom Strickland is one of the few Democrats run­ where possible, and to fight for Colorado's rights to Colorado's detriment would require voluntary action ning for public office who supports a Balanced Budget utilize its water resources for the benefit of its citizens by Colorado through agreements to sell, lease or other­ Amendment. when compromise cannot be achieved. That is a role wise dispose of water to which it is entitled, a position Tom understands that until we balance the budget, for which Tom Strickland is perfectly suited. that Tom opposes, or for some action to occur in the things that are vital to the economic health of Where does Tom stand on issues of importance to Congress of the United States. Tom Strickland stands Colorado, like funds for the Animas-LaPlata Project, this organization? Let's talk about some of those. The ready to protect Colorado' s interests under those funds to continue operating reclamation projects, funds Animas-LaPlata Project. Now there's a point of sig­ Compacts and to do everything in his power to see that for various agricultural cost-sharing programs, funds to nificant contention between water development and the those ·Compacts are not breached, changed, or abrogat­ fight forest fires, funds to maintain our national parts, envil'onmtmtal community. Jt's bell-weather that etiL . The short-term dollars that. -might-· be. gained and .many, many others will be jeopardized every year ought to give you a sense of Mr. Strickland's senti­ through the sale of some or all of Colorado's waters to at budget time. And across the board, tax cuts will ments. Tom Strickland supports absolutely the con­ other states can never make up for the long-term limi­ only make the prospects of future funding for these struction of the Animas-LaPlata Project. The citizens tations that such sale or lease would place upon future essential projects more precarious. If we are to push of southwestern Colorado, the State of Colorado, the generations of Coloradans in their efforts to continue to for substantial cuts in taxes before we get our econom­ federal government, and the Indian tribes spent an have a successful, vibrant economy. ic house in order, we should be aware of where the cuts enormous amount of time and effort in order to fashion Protection of existing uses with Colorado. Here in spending will occur. I can assure you that they will an agreement that satisfied the demands of the Indian is where the rubber hits the road. This is the point at not all come from programs that benefit the populated tribes to obtain the water to which they are entitled which Coloradans have to make some' serious deci­ eastern and southern states or the West Coast. under the Winters Doctrine, while at the same time sions. It is vitally important that all of Colorado's Someone like Tom Strickland, who will support a tax avoiding conflict with the non-Indian residents of elected officials clearly understand the implications of cut only when there is an understanding of where the Colorado's southwest. The tribes came to the table and a federal government seeking to eliminate or reduce federal spending cuts will be made, should represent senior water rights on which Colorado' s citizens us . depend without compensation or the provision of alter­ I must explain to you all that I certainly am not the nate supplies. Here we stand at a time in our history keeper of Tom Strickland's every thought and, to the when the opportunity to develop new water supplies, extent you have questions about other topics, I ask that build new dams or divert more water is challenged at you do him the favor of attending another gathering every turn under federal and local environmental regu­ where he will speak and personally ask him your que - lations. Any effort to trim existing supplies· is a direct tions. Thank you all for your courtesy. As always, it is attack on Colorado's ability to maintain its economic a pleasure to see you and have an opportunity to talk viability and needs to be resisted within the State and about issues that are of such significant concern to us within the Congress; and Tom Strickland stands ready all. to do so . Finally, let me talk about the Endangered Species . NewCWC Act with regard to the relationship between federal environmental legislation and continued use of Directory & Colorado's Compacted water. Two things seem appar­ ent. First, the American public overwhelmingly sup­ Ahnanac ports protection of endangered species, even if that support is primarily focused on a "not in my back yard" attitude. So the question is not whether we deal with endangered species issues but at what level we dial with them and what protections exist for locally owned water rights and private property. At the bot­ The new ewe Directory and Almanac tom line, Tom Strickland will support reauthorization will be mailed to those members who pay of the Endangered Species Act. However, Tom also at least $100 per year ewe dues. Mailing believes that the federal government can take action to will be in October. If you 'desire further make these regulations more user·}riendly. For infor:mation on the Directory, please write instance, in the specific case of endangered ' species, there are very interesting proposals for creating eco­ ewe? 1)90 Logan Street; Suite 312, nomic incentives for protecting endangered species on Denver, .eo 80203 or call 303-837-0812. private land that offer potential sin-win solutions: the David Robbins for Tom Strickland. species would benefit and so would the landowner. If

Colorado Water Rights • t • I ~ l- t ••• , • , •• Gurule * * * Talking on Water, conti Continued/rom Page 4 and medium sized family farmer and rancher. I believe so attractive to people about Colorado. The governors thing. However, I am opposed to the use of the Act to that the Gunnison proposal was a win-win that helped leadership on Smart Growth has been beneficial but we merely block a project when no other way can be local ranchers maintain their grazing rights and their must, at the federal level support programs and legisla­ found by opponents of a project to block it. I think we cost-effectiveness. tion that does not halt economic growth but that pro­ need to look at some litigation limits or parameters and Similarly, working in partnership with the federal tects our environment and quality of life. Full funding include them in the bill. government local water agencies need to coordinate of EPA is necessary. We cannot afford more I am a strong supporter of the Gunnison Grazing efforts to use available water most efficiently. This can Summitville Mine-type problems. The expense goes Proposal and am very disappointed that the congress be done to ensure in-stream flows and minimum win­ well beyond the actual dollars that clean-up is costing. did not endorse it and use it a~ a model- for other states, ter-flows. We must move past the notion that the fed­ The negative impact on water quality has far-reaching to provide real local management of resources. Tine eral government is the enemy. And the federal govern­ consequences and potentially negative impacts on Republican congress has paid lip service to the idea of ment must recognize that local people and agencies property values. Imagine what would happen to the local management but has been very selective in how are, as I said, in the best position to provide leadership tourism industry and property values in Summit they endorse it. Federal lands belong to all the people on decision making. As a member of Congress that County for instance if we allowed the Blue River to but clearly people closes to those lands and most great­ will be my primary focus. become polluted with mine waste. ly impacted by decisions about the use of those lands Also as our state continues to grow we must Thank you again for your kind attention. are in the best P?sition to participate in that decision redouble our efforts to ensure the quality of life that is making. Philosophically I am committed to the small

Schaffer * * * Talking on Water, conti Continued/rom Page 5 pensation. In Congress, we need representatives who will Today, I confess that I do riot possess all the The Clean Water Act should not be permitted to push vigorously for Colorado's interests. And I urge answers, nor all of the knowledge that exists with impair water rights allocated under state law and its each of you to think very carefully about the direction respect to water law. But I know where the experts are primary goals sh0uld not exceed water quality protec­ you desire for Colorado's future, because I firmly and how to work with them. I've done it for nearly a· t!i.on. Implementation of the Clean Water Act should believe our water future should be determined near the decade as a State Senator. As. a member of Congress I incorporate risk assessment, cost benefit analysis and banks of the South Platte, the Arkansas, the Colorado, will continue to seek your council and advice and fur­ proven science. .the Rio Grande, the Poudre, and the Big Thompson ther pledge to avail myself to. your opinions and initia­ Nearly three quarters of the water that flows in instead of from the banks of the Potomac. tives. Colorado is used outside of the state. We must utilize Thank you for the chance to join you today. I There is much work to be' dORe in evaluati1'Ig tbe our water efficiently. I support water conservation and promise to do all that I can to join you at your next Endangered Species Act, for example, to seek sound the responsible management and use of our resources. time, but as a new member of the United States scientific date and scientific peer review to support But we simply cannot consent to federalization of Congress. species listing and reasonable options. water conservation programs, especially if the result We must work together to insist that .any taking of would be the further reallocation of water resources water rights be accompanied by fair and timely com- through federal mandates.

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