Guest Editorial Water - Lifeblood of the West by Greg Walcher Executive Director, Colorado Department of Natural Resources on such difficult issues have never been more serious or ne of my earliest memories of growing up more contentious. That consensus has never been more in the Grand Junction area is of riding along irnponant, either. than today. I believe Colorado no longer with my Grandpa. who was a ditch rider on has the luxury of waging these battles, nor the lime to fight the Stub Canal in Palisade, to check them. The threats are too serious, too immediate for us to headgales. He mediated many skirmishes continue wasting time on the old battles. among various water users and he under­ Colorado water users face three sets of challenges stood well the imponam differences between being at the going into the 21st century; drought. growth, and federal head of the ditch wilh a shovel and being at the end of the policies. ditch with a water right. Indeed. the entire 123·year history of the State of Drought: The 1998-99 winter may tum out to be a Colorado is filled willi water "warsft and disputes between good example of the problems we'll face in dry years. Our users, between regions. between basins. The careers of dealings with ourselves and with other states have been eas­ some of the Stale's greatest leaders have been built on ier the past three decades then it would be if we were to suf­ involvement in these water issues, and in some cases the fer the kind of sustained drought that many experts say is water battles. The problems we face in achieving consensus Continued on Page 9

SPRING 1999 Published by Colorado Water Congress VOL. 18, NO. I Water La'W AI'Ways Vital To Colorado

by lustice Greg Hobbs water could be taken from the streams and conveyed across the Colorado Supreme Court lands ofanother to grow crops. This was very different from the common law of England an a state starting with a nineteenth cen­ and the eastern United States. areas of much rain. Under their riparian law system water was to remain in the stream for navi­ tury water law handle the twenty-first gation. The commerce of the west, the land of little rain, century? I believe Colorado can and demanded a different law. wiU. Its people will make it so. Its water lbrough the 1862 Homestead Act, Congress opened up the law will continue to adapt to the values public lands of the West for settlement. In the Mining Act of and needs of Coloradans and the United 1866, Congress provided that the customs and laws of the states States, as throughout the twentieth century. Conflict, and territories would govern water use within their boundaries. expense, settlement, state and federal legislation, and In 1872 the Territorial Supreme Court identified Colorado water ~natural law~ ~necessity~. court decisions will mark the way. They always law as arising from and Preemptive conditions ofclimate compelled this decision. have. They always will. Any area of the country with less than forty inches of annu­ al precipitation is considered to be within the ~arid region~. Climate, Custom, and Public Land Law Colorado annual average precipitation from rain and snow ranges from less than ten inehes of moisture on the plains to a These are basic historical facts. The water law is vital, prin­ little over thirty inches in the mountains. cipled, and adaptable. Water is a public resource. When A precipitation chart of this phenomenon mirrors the geog­ Congress earved Colorado Territory out of the Kansas and Utah raphy of Colorado. It's nat on the eastern and western plains Territories in 1861, our first Territorial Legislature provided that Continued on Page 10

Colorado Water Congress SUIIllller Convention Sheraton Steall1boat Resort August 26 & 27,1999 CWC OFFICERS JOHN PORTER

ewe President John Porter was born in Montezuma County. at Lewis. Colorado (3 community named after his maternal grandfather) on NO\'cmber 4, 1933. He received his education at Lewis -- Elemenwy and Monlezuma-Cortez High Schools. He graduated from Colorado A&M College in 1955. He has been married to Nancy Hicks (paner) for 43 years. He has two daughten. and (wo grandchil­ dren, Laura and Andy Spann of Gunnison. He has been in the water business since childhood - as a father's helperlirrigalor. father's partnerlirriga­ lor, (ann corporation managerlirrigalor, Board of Director for Montezuma Valley Irrigation Company, South West Water Conservation Board and Colorado Water Resources & Power Development Authority and finally as General Manager of the Dolores Water Conservancy District for the past 16 years. As the new Dolores Projcct came ~on Iinew he guided OweD's growth from a staff of 1 (himself) to its present 23 members. COLORADO WATER RIGHTS

Published by: ROD KUHARICH Colorado Water Congress Rod Kuharich was elected Vice President of the Colorado Water Congress in January 1999. Rod is Government Affairs Manager for Colorado Springs Utilities. He holds a BA in Political Science: from St. Ambrose: College and a M.s. in Environmental Planning from Southern Illinois University. 1390 Logan Slreet. Suite 312 Mr. Kuharich is a member of the Advisory Board for Colorado Water Resource Research Institute and Denver. Colorado 80203 is actively involved in the Colorado Water Congress Board of Directors and various committees. Phone (303) 837-0812 Fax (303) 837-1607 Rod and his wife, Martha, have been mamed for II years and have three children. Member of National Water Resources Association

Dick MacRavey DOUG KEMPER. Publisher Linda DeatonlLatitudes North Doug Kemper. 43. of Aurora. was re-elected CWC Treasurer in January 1999. Doug is the EditingIProduction Manager of Water Resources for the: City of Aurora. He holds a B.E. in Environmental and Water Resources Engineering from Vanderbilt University and a M.S. in Civil EngineeringlWater Resources Publication Printers from the: University of Colorn

Rod Kuharich. Colorado Springs KIT KIMBALL Vice President Douglas Kemper. Aurora Kit Caples Kimball was re-elected ewc Assistant Treasurer at the January 1999 colwention. Ms. Treasurer - Kimball has o\'er 20 years of experience: in the natural resourcclpublic policy arena. She managed al one time the go\'ernmental affairs program for Amax Inc., a large inlc:mational resource development Kit Kimball. Denver company. both in Washington, D.C. and at the state level. Assistant Treasurer Also. Ms. Kimball was the principal in Kimball and Associates. a natural rc:sourcc:s consulting firm. In addition. Ms. Kimball served as the environmental legislative assistant to U.S. Senator James McClure: Richard D. MacRavey, Denver (R-ID) in Washington. D.C. She was also Vice President of a Washington, D.C. consulting firm where Secretor)' she represented 1be Western Regional Council, an organization of western Fortune 500 companies. Ms. Kimball has served in numerous roles for the Colorado Mining Association and is the past Eric Wilkinson, Loveland Chairman of that organi1.ation. She also serves on the Board of the Colorado Water Congress. Immet/iale Past Presidew Ms. Kimball holds two Masters degrees; one in Business Administration from the University of Colorado and one in Counseling from the University of Montana. Her BA is from the University of Idaho. BOARD OF DlREcrORS

ERIC WILKINSON Daniel Birch. Steamboat Springs Jack BochheistCT. Winter Park Eric Wilkinson. 48. of Fort Collins. is ewc Immediate: Past President. Eric was appointed GeDera.1 Robert O. Burr. Walden Manager of the NOrthern Colorado Water Conservancy District on January 14. 1994. Ste\·e Clark. Dem'Cf Kenneth Crandall. Sterling Eric has worked for the District since: 1987 as a water resources engineer with various responsibili. Ralph Cunis. Alamosa ties. From 1991 to 1994 he a Supervisory Water Resources Engineer managing the Water Rights was Wade Haerle, Grand Juoction Section of the Engineering Services Branch. From 1984 to 1987 Eric worked from the City of Greeley Ronald A. Hellbush. Westminster Water Department as a Water Resources Engineer. From 1973 to \984 he was employed by the Colorado Jim Holdt. Mootrose Division of Water Resources. Office of the State Engineer. at increasing levels of responsibilily and title Neil Jaquc:t. Golden as a Water Resources Engineer in the Dam Safety Braoch. In 1972 Eric served as the Deputy Water Doug Kempel, Aurora Commissioner for the Cache La Poudre River. Kit Kimball, Denver Eric was born lind raised in the Fort Collins, Colorado area where he currently resides. He attended Balbara Kirkmeyer. Greeley Colorado State University and graduated in 1973 with a Bachelor of Science Degree in Civil Engineering. Rod Kl,lharich, Colorado Springs He is a registered professional engineer in Colorado, is a member of ASCE. and holds various positions David Merritt. Glenwood Springs on boards and advisory committees. He is married and has three children. Wayne Miller. Win

Colorado Water Rights Colorado Committed to Building Animas-LaPlata Governor Bill Owens has asserted Colorado's com­ water users and Tribes." mitment to build the Animas-LaPlala water project in "Finally, you need to know that under no circum­ southwestern Colorado in a letter lO Secretary of the stances is Colorado prepared to support de-authorization Interior Bruce Babbitt. of its entitled and authorized water projects as part of the "Colorado will continue to support construction of the A-LP agreement," Owens told Babbitt. These projects project as soon as possible as provided by the Indian were authorized as part of the deal between Upper and Water Rights Settlement Act," Owens told Babbitt. Lower Basins that resulted in the Central Arizona "Colorado believes A-LP is the only reasonable solution Project and Colorado will not surrender its half of the to the 130 year-old Tribal water rights issue and I believe bargain for nothing." fairness to the Tribes and the local water users requires it." Owens supports the Animas-LaPlata proposal intro­ Owens said a Babbitt proposal last year, commonly duced in Congress last year by U.S. Senator Ben referred to as "A-LP Ultra Light," does not meet Nighthorse Campbell and U.S. Representative Scott Colorado's requirements. Mclnnis. 'We are skeptical about several aspects of •A-LP Ultra The full letler from Owens to Babbitl is set forth Light'," Owens said, "It drives a wedge between local below.

STATE OF COLORADO

March 9, 1999

The Honorable Bruce Babbitt Secretary of the Interior 1849 C Street N.W. Washington, D.C. 20240

Dear Bruce: You and I have not had a chance personally to discuss the Animas-LaPlata water Project in Southwest Colorado, but the recent public scoping meetings in Colorado attracted a great deal of attention, and I want to make clear my Administration's position on A-LP. First and foremost, Colorado will continue to support construction of the project as soon as possible as provided by the Indian Water Rights Settlement Act. Colorado believes A-LP is the only reasonable solution to the 130 year­ old Tribal water rights issue, and I believe fairness to the Tribes and the local water users requires it. We intend to hold the federal government to commitments that have been made, and will expect action soon. Second, we are skeptical about several aspects of your proposal of last August, commonly called "A-LP Ultra Light." In particular, providing the Tribes some of the water to which they are entitled while providing no irriga­ tion component or non-Indian water is half a solution at best. It drives a wedge between local water users and Tribes, which can only further the difficulty of getting the project built and avoiding more costly litigation. Moreover, the small size of the reservoir you proposed clearly does not solve the problem, and may actually created a worse environmental problem, as I think you are aware. .

Finally, you need to know that under no circumstances is Colorado prepared to support de-authorization of its enti­ tled and authorized water projects as part of the A-LP agreement. These projects were authorized as part of the deal between Upper and Lower Basins that resulted in the Central Arizona Project and Colorado will not surrender its half of the bargain for nothing. As you well know, California and Nevada are facing extreme difficulty supply­ ing the water they need, the 4.4. Plan is not progressing well, the effort to quantify senior water rights in the Lower Basin remains illusive, and the Interim-operating agreement is not yet in place. These are separate issues from A­ LP and must be addressed separately. At this time. it would be irresponsible for Colorado to surrender federal authorization to build projects to use its share of the River, and I assure you we have no intention of doing so.

I think an earlier proposal developed reluctantly by the Ute Indians; endorsed by the Colorado Water Conservation Board and fonnally introduced by Senator Campbell and Congressman Mclnnis a year ago is a more prudent option. That proposal also limits the amount of water available for irrigation and municipal and industrial uses from A-LP to 57,1 OO-acre feet. It also shrunk the cost of the project to $257 million. I request that alternatives considered in the EIA include this version of the project, which is supported by the State of Colorado and its major stakeholders. I sincerely hope we can work collaboratively on construction of A-LP as soon as possible. 1 am anxious that Colorado be helpful in resolving the remaining issues so we may proceed, and I hope you will let me know how that can be done. r look forward to working with you to that end. Sincerely,

Bill Owens

CC: Senator Wayne Allard Senator Ben Nighthorse Campbell Congressman Scott McInnis Lieutenant Governor Joe Rogers

Colorado Water Rights SHERATON STEAMBOAT RESORT ewe 1999 SUMMER CONVENTION PROGRAM

Wednesday, August 25, 1999

7:15 p.m. ewe Board of Director's Meeting Thursday, August 26, 1999

8:00 a.m. REGISTRATION OPENS

8:30 a.m. OPENING GENERAL SESSION Presiding - Kit Kimball, ewe Assistant Treasurer

8:30 a.m. Six Keynoters on Water Issues· The first six (6) individuals who request to serve as a keynoter will be given lhat opportunity. Each of these individuals, however, must submit their paid conference registration in advance and the title of their speech by no later than July 23. 1999. It should also be understood that each keynote address will be limited to five (5) minutes in length.

9:00 a.m. A Panel Discussion of the "First and Second Session of the 62nd General Assembly." Panelists are Sen. Dave Wattenberg (R-Walden), Rep. Diane Hoppe (R-Sterling), Rep. Carl Miller (D-Leadville), Rep. Matt Smith (R-Grand Junction), and Rep. Jack Taylor (R-Steamboat Springs).

10:00 a.m. COFFEE BREAK 10:15 a.m. GENERAL SESSION II - FUTURE DIRECTIONS OF THREE KEY DEPARTMENTS Presiding - Rod Kuharich. CWC Vice President

10:15 a.m. Greg Walcher. Executive Director. Department of Natural Resources 10:45 a.m. Jane Norton, Executive Director. Department of Public Health & Environment 11:15 a.m. Don Ament. Commissioner, Department of Agriculture

12:00 p.rn LUNCHEON Presiding - Senator Dave Wattenberg (R·Walden) and David Robbins, Hill & Robbins, Denver An Address by Wally Stealey of Stealey & Associates, Pueblo, on "The Politics of Water."

1:45 p.m. GENERAL SESSION III - PAST, PRESENT AND FUTURE WATER PLANNING Presiding - Doug Kemper, CWC Treasurer

1:45 p.m. Steve Arveschoug, General Manager, Southeastern Colorado Water Conservancy District, Pueblo 2:05 p.m. Ralph Curtis, General Manager, Rio Grande Water Conservation Dictrict, Alamosa 2:25 p.m. Kathleen Klein, Manager, Upper Gunnison River Water Conservancy District. Gunnison

2:45 p.m. BREAK

3:00 p.m. Eric Kuhn, General Manager, Colorado River Water Conservation District, Glenwood Springs 3:20 p.m. Ed Pokorney, Director of Planning, Denver Water, Denver 3:40 p.m. John Porter, General Manager, Dolores Water Conservancy District, Cortez 4:00 p.m. Other Events to be Announced Friday, August 27, 1999

9:00 a.m. GENERAL SESSION IV - COLORADO WATER LAW IN THE 21st CENTURY Presiding - Sara Duncan, Denver Water, and Chair of the CWC Resolutions Committee

9:00 a.m. David Hallford. General Counsel, Colorado River Water Conservation District, Glenwood Springs 9:25 a.m. John Hill, Jr., Bratton & McClow. Gunnison 9:50 a.m. Brian Nazarenus, Friedlob, Sanderson, Raskin, Paulson & Tourtillott, Denver

10:15 a.m. COFFEE BREAK

10:30 a.m. Bill Paddock, Carlson, Hammond & Paddock, Denver • 10:55 a.m. Bennett Raley, Trout & Raley, P.C., Denver 11:20 a.m. Tom Sharp, Sharp & Barney, Steamboat Springs

12:00 p.m. LUNCHEON Presiding - John Porter, cwe President A presentation will be made by John R. Fetcher on "An Easterner Discovers Western Water."

1:30 p.m. ewc Business Meeting Presiding - John Porter, CWC President • President's Report • CWC Strategic Plan Report • NWRA Report • Treasurer's Report • Vote on Honorary Life Member(s) • Consideration of 1999 Mid-Year CWC ResolutionsIPolicies

2:00 p.m. ADJOURNMENT

Colorado Water Rights COWRADO WATER CONGRESS COWRADO WATER LAw SEMINAR

September 13-14, 1999 CWC Conference Room 1390 Logan Street, Suite 312, Denver, Colorado 80203

Monday, September 13, 1999

7:45 a.m. REGISTRATION Presiding - Rod Kuharich, CWC Vice President

8:00 a.m. The History of Colorado Water Law - Hon. Gregory J. Hobbs, Jr., Justice, Supreme Court of Colorado

11:00 a.m. Water Distribution Organization (Mutual DilCh Companies, Carrier Ditch Companies, Special Districts and Municipal Systems) - Mary Mead Hammond, Carlson, Hammond & Paddock, Denver

11 :45 a.m. The Water Court System and Procedure - Mary Mead Hammond, Carlson, Hammond & Paddock, Denver

12:15 p.m. LUNCH - DNR Perspectives - Greg Walcher, Executive Director, Colorado Department of Natural Resources (address from 12:45 p.m. to 1:15 p.m.

1:30 p.m. The Relationship Between the Federal Government and Colorado Water Law - Sara Duncan, Manager of Intergovernmental Affairs, Denver Water, Denver

2:15 p.m. The Impact on Colorado of Interstate Compacts - Hal Simpson, State Engineer, State of Colorado

3:00 p.m. The Colorado Division of Water Resources, Ground Water Commission, and the Office of the State Engineer: Responsibilities and Roles in Water Matters - Hal Simpson, State Engineer, State of Colorado

3:45 p.m. Water Conservancy Districts: Responsibilities and Roles in Water Matters - Eric Wilkinson, Manager, Northern Colorado Waler Conservancy District, Loveland

4:30 p.m. Engineering Aspects of Water Rights Gregg Ten Eyck, President, Leonard Rice Consulting Water Engineers, Inc., Denver

5:30 p.m. Recess until 7:45 a.m. TUESDAY, SEPTEMBER 14th

Tuesday, September 14, 1999

Presiding - Rod Kuharich, CWC Vice President

7:45 a.m. Overview of Colorado Ground Water Law - Gilbert Y. Marchand, Moses, Wittemyer, Harrison & Woodruff, Boulder

8:45 a.m. The Colorado Water Resources & Power Development Authority: Its Responsibilities and Role in Water Matters - Dan Law, Director, Colorado Water Resources & Power Development Authority

9:30 a.m. The Colorado Water Conservation Board: Its Responsibilities and Role in Water Matters - Peter Evans, Director, Colorado Water Conservation Board

10: 15 a.m. Historical Overview of the Denver Water System Rocky Wiley, Manager of Planning, Denver Water

11:15 a.m. The Colorado River. The Colorado River Water Conservation District, and Western Colorado Water Projects - David C. Hallford, General Counsel, Colorado River Water Conservation District, Glenwood Springs

12:00 p.m. LUNCH - The luncheon speaker will be Leah Ash, Director of Water Resources, Colorado Springs Utilities (address from 12:30 p.m. to 1:00 p.m.)

1:15 p.m. Federal & State Water Quality Laws - Tad Foster, Attorney at Law, Colorado Springs; and Tom Pitts, Water Consult, Loveland

2:45 p.m. The Colorado Water Quality Control Division: Its Responsibilities and Role in Water Matters - David Holm, Director, Colorado Water Quality Control Division

3:15 p.m. Colorado Water Resources Research Institute: Its Responsibilities and Roles in Water Matters Dr. Robert C. Ward, Director, Colorado Water Resources Research Institute, Fort Collins

4:00 p.m. ADJOURNMENT

Colorado Water Rights

ewe 1999 ION E- IBITORS

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(L [Q R) Ken Wright, Ruth Wright and Julie McKenna

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Colorado Water Rights rB~~~~=~~~~=~~~~~~ Walcher: Lifeblood ... , cont.

COlllinuedfrom Page J ment projects continue to be the best hedge against the The Recovery Programs that have been developed for inevitable. There is. of course, little the state can do to future watcr supply uncertainty. whether thc source of thc these basins are not without their naws. but gencraUy they make it rain or snow. but clearly drought planning must be uncertainty comes from the climate or from the federal have reduced the number of ESA-rclated problems government. Colorado water users otherwise would face in the absence a vital pan of the State's water agenda for the foreseeable Sccond. we will continuc to provide technical assis­ future. of such programs. But neither are these programs sacred tance to water users on the adoption and implementation cows that can't be finMuned. We are especially fmstrntcd Growth: Rapid population growth will continue to of water efficiency technologies and management tech­ that the Recovery Program for the endangered fish in the challenge water agencies and organizations. Municipal niques that can help stretch limited water supplies during Colorado River has still not defined recovery goals after droughts. We know that water users understand the agencies are increasingly challenged with meeting the 13 years of discussion. We have already begun to serve importance of using water wisely. but many urban and new demand created by this growth. Agricultural water notice that Colorado will insist on Publication of these agricultural users simply do not have the resources to keep organizations - mutuals. conservancy dislricts, and others recovery goals. and that we arc not prepared to continue current on the innovations occurring in water saving tech­ lumbering along for several more years without knowing - will continue to face the prospect of water rights being changed from agricultural to municipal and induslrial uses nologies and practices. That's where state government can where we are going. Rather. we seek to actually accom­ help. Governor Owens recently signed into law a bill plish the true purpose of the program. to recover the fish. within Colorado's market system. The high prices munic­ sponsored by Senator Cblouber and Representative de-Iist them, and abolish the program. ipal governments are paying for C-BT units (over $3000 I unit in some cases) reflect the strong demand exerted by Gottlieb to reauthorize the Office of Water Conservation Our approach on all endangered species issues ought the municipal sector. We also already contend with within the CWCB. Such technical assistance will remain to have that concept as its underlying premise. We have increased pressure for the recreational use of water, a high priority for the administration. strong state policy already in place that seeks to avoid the whether recreational users own water rights or not. Third, state government under the Owens adminisua­ listing of new species by the federal government. We tion will continue to work aggressively to foster construc­ should have - and will have - as strong a policy supporting tive discussion on ways to meet future demand in growing Federal Policies: 1be U.S. Congress has created a the recovery. as soon as possible, of species once they are metropolitan areas. without sacrificing irrigated agricul- series of seemingly listed. Only then can water users and others count on any insurmountable chal- real certainty in the lenges to people in future of these the West. A small T~ ~ ~ important economies. minority of the State -\.4 +vet a. wa:tu Another emerg­ nation's population, ing endangered we must deal with cl- tfw ~, ~ ~ -\t k. B..t w~ species issue policies of the U.S. revolves around the Fish and Wildlife ~w~~~~tfw~, Preble's meadow Service under the jumping mouse. We Endangered Species have a long way to Act and those of the ( ~ tfw State ~ ~. go. but again, I am U.S. Forest Service determined that state under the Federal government will Land Management work hard to ensure and Policy Act (FLPMA) and the National Forest ture or the future development plans of communities in this issue docs not become unduly burdensome to water Managcment Act. Those policies will continue to be the basins-of-origin. The recently completed Metropolitan users on the Front Range. particularly in relation to the source of pressure and uncertainty in the affairs of Watcr Supply Investigation is a good start. but it·s only a maintenance and repair of irrigation ditches. Colorado water users. start. These stratcgies should start with maximizing the Finally, we can't forget the Forest Service. Five years utility water supplies already available within particular ago, Fort Collins, Greeley, and the Water Supply and Colorado state government. particularly the regions of the state. For instance, northern Colorado Storage Company put together an innovative water man­ Department of Natural Resources, will zealously work to water users under the leadership of the Northcrn agement and now plan for the Poudre River in order to help Colorado watcr users address these challenges. and I Conservancy District have Slaned a very productive dis­ secure required federal permits under FLPMA. This believe there arc several important roles the state can play. cussion on this subject. Similar cfforts are underway in effort responded to a Forest Service proposal that water the Arkansas River Basin and in thc headwaters of the It is important, however. for us to remain mindful that the providers by-pass water from existing reservoirs to put state's rolc in water issues should be one that comple­ Upper Colorado River system above Kremmling. These some water back into the streams immediately below the efforts are critical to determining state goals. because the dams. These by-pass now demands revealed the arr0­ ments but does not usurp the historical leadership of the private sector and local governments in developing and leaders in the state's various regions and river basins must gance and lack of understanding by some federal officials develop a clear sense of where they want to go, so we can putting to beneficial use the state's water resources. The of water management in Colorado. We will remain vigi­ State is not a water czar in control of the resources, nor detennine the state's role in helping to get there. This lant to ensure these kind of proposals - should they ever must, of course, be done within Colorado's prior appropri­ should it be. But working closely with our partners in the crop up again - are pushed back aggressively. community. I think the State can help. ation system. our tradition of using the market to allocate I do not believe any of these problems are insur­ First. we arc going to continue the work of providing scarce water resources. and our rights and responsibilities mountable. Indeed, I am more confident than ever that financial assistance through the Colorado Water as a state under our various interstate compacts. Coloradans from both sides of the mountains can work: Conservation Board's construction fund loan program for Fourth. state government under the Owens adminis­ together to achieve solutions that work: for all. I believe the construction and improvement of water storage and tration will continue to insist that federal environmental Colorado can develop a better working relationship with distribution systems. Well thought-out water develop- and natural resource management laws are applied in our federal partners to foster a solid understanding of the Colorado in a manner that does not reduce waler supplies importance ofColorado's water laws and traditions. And I or materially increase their cost. We will continue to am convinced that we can'continue to grow and prosper work long and hard in both the Upper Colorado River and throughout the state in a way that preserves the beauty and VIDEOS Platte River Basins to ensure that water use and develop­ richness of our state. I am anxious to work: closely with AVAILABLE ment can continue in Colorado without interference from Colorado water community to make that happen. 0 the Endangered Species Act. There arc four (4) copies of the video taken at the 1999 CWC Annual Convention pertaining to historical per­ spectives offered by Ralph Adkins of Pueblo, Sam Maynes of Durango and Bill Miller of Denver. lbis VHS video (ninety minutes) is available at $50 plus tax (if applicable) and postage. Calendar of

There are also four (4) copies of the video taken at the 1999 CWC Annual Convention Wayne N. Aspinall COMING EVENT8 Leadership Luncheon. This VHS video (sixty minutes) features Floyd E. Dominy, Retired Commissioner of the Bureau of Reclamation and is available at $50, plus August 26 - 27,1999 - SUMMER tax (ifapplicable) and postage. ewe January 27 - 28, 2000 - ewe 42nd ANNU· CONVENTION - Sheraton Steamboat AL CONVENTION - Holiday Inn Northglenn, Additionally. thcre are two (2) copies of the video Resort, Steamboat Springs, Colorado. For 1-25 & 120th Avenue, Northglenn, Colorado. taken at the 1998 cwe Annual Convention pertaining more information, contact the ewc office in For more information, contact the CWC office to historical perspectives offered by W.D. Farr of Denver, Colorado: 303·837·0812. in Denver, Colorado: 303·837·0812. Greeley, John Fetcher of Steamboat Springs and John Sayre of Denver. This VHS video (ninety minutes) is September 13 - 14, 1999 - ewe COL- January 25 - 26, 2001 - ewe 43rd ANNU· available for $50. plus tax (if applicable) and postage. ORADO WATER LAW SEMINAR - cwe AL CONVENTION - Holiday Inn Northglenn, To place an order for either of these videos, please call Conference Room, Suite 312, 1390 Logan 1·25 & 120th Avenue, Northglenn, Colorado. or write tbe Colorado Water Congress. 1390 Logan Street, Denver, Colorado. For more informa- For more information, contact the CWC office Street, Suite 312, Denver. Colorado 80203, or phone tion, contact the CWC office in Denver, in Denver, Colorado: 303·837·0812. (303) 837-0812 or fax (303) 837· t607. Colorado: 303-837·0812.

Colorado Water Rights Hobbs: Water Law Vital . .. , cant. Continuedfrom Page / district court exist with special jurisdiction of the district Colorado experienced the third highest number of court exist with special jurisdiction over water matters on homestead entries, totaling 107,618 covering 22,146,400 and plateaus. then gradually ascends to a precipitous a major watershed basis. Appeal is directly to the acres of land. Only Montana and North Dakota experi­ mountain crescendo mirroring the peaks of the Divide. In Colorado Supreme Court. The water couns for these enced more entries. Thirty·seven percent of Colorado April, May, and June the water rushes off the mountains. divisions are headquartered in Greeley (South Platte), remains in federal ownership today as a heritage of the Then the streams shrink from July until the next snow Pueblo (Arkansas), Alamosa (Rio Grande), Montrose progressive conservation movement. Making water avail­ melt. (Gunnison). Glenwood Springs (Colorado), Steamboat h's a fact of life. The Anglo settlers did not invent able to farms, cities and businesses was a primary reason Springs (Yampa. White, North Plaue), and Durango (San western water use. The native peoples of the Southwest. for the proposed forest reserves. Juan, Dolores). Fourteen million acres of forest reserves were created followed by Hispanic pioneers. used ditches and reser­ voirs. In the 1700's, one hundred and sixty community Each water court publishes a monthly resume of in Colorado. Colorado farmers and city residents support­ applications received by it. This is how the citizens of ditches. called acequias, were operating in New Mexico. ed Roosevelt and Pinchot. Many reservoirs and ditches Colorado are infonned of pending cases they might wish The earliest Colorado water right, an 1852 priority, existed in the forest because of earlier laws allowing to monitor or participate in. followed the New Mexico model and is located in the San entrance on public lands for these purposes. Congress Luis Valley. [n 1861, the explorer Lieutenant Joseph Ives Because ofa 1966 constitutional amendment initiated legislated in the 1897 Forest Organic Act that state water by the people, Colorado judges are selected under a merit law would continue to apply to the forest reservations. reported to Congress that the Hopi people stored water in system and cannot participate in political campaigns, or reservoirs to irrigate their com. Apparently, they had give or accept political contributions. They periodically done so for centuries. Reservoirs stand for retention. on a yes or no basis, during general In 1864, Benjamin Eaton. later a Colorado Governor, elections. A Judicial Performance Commission evaluates dug a direct flow ditch from the Poudre River to his farm. Storage of water for later use was also a fundamental each judge's record in office and recommends for or He had come to Colorado with the 185gers when gold precept of progressive conservation. Congress passed the against retention. was discovered at the confluence of Chcrry Creek and the 1902 Reclamation Act to help Colorado and the other When the state had a partisan political election sys- south Plane River. western states Becoming disillu- finance reservoirs. sioned with mining. On both sides of the he took up fanning in Di vide, Coloradans New Mexico. It was ~ .w,w{ ~ ~ rejoiced. a trade he knew from eu... a 4a1e a The pioneering living in Ohio and Colorado River run­ Iowa. He learned to ~ ~ t.w~-IM4~? ner, John Wesley work water along an .wa1a law 1 tdMwe Powell, in an 1879 acequia in northern report to Congress, New Mexico's ~-uuUJ ~ ~ .w,;)1. 114 pecple .w,;)1 ~ 1.1. #J. had stressed the Cimarron county. necessity of storage. Settling perma­ He also feared that nently in Colorado corporate monopo­ and starting his own lies would control tern for judges. a sitting Supreme Court Justice, Mortimer farm. Eaton helped the Union Colony of Greeley layout the sale and usc of water through their financial might Stone, lost re-election because of Denver metropolitan their irrigation and domestic water supply works, as he unless government intervened on behalf of the fanners. votes. His 4-3 decision in 1954 had ruled against the did later with the Larimer and Weld Canal in Northern In Colorado. farmers joined in neighborly coopera­ Denver Water Board in favor of the western slope, north­ Colorado and the Denver area's High Line Canal. Eaton tion. They established mutual irrigation companies and ern Colorado, and the United States in the Blue River is but one example of those Colorado pioneers who dis­ irrigation districts. The Colorado General Assembly fol­ covered what peoples before them had already learned C"SC. lowed with the creation of water conservancy districts and about living west of the Hundredth Meridian. Water is water conservation districts with the power to collect and essential to survival. Beneficial Uses spend public tax money to develop water for the use of Colorado citizens and business. The Colorado Constitution All water in Colorado is a public resource. Reclamation project pannerships with the federal Individuals, businesses. and public agencies may obtain a government have benefited Colorado greatly, such as the right to use water for beneficial purposes. These include Upon admission to the Union in 1876, the people of early Uncompahgre Project diverting from the Colorado agricultural. domestic. municipal. commercial, and flood River. The immediate result was that irrigated land on the Colorado adopted a constitution declaring the water of every natural stream of the state to be ~the property of the control. western slope doubled from three hundred thousand acres As the economy and values of Coloradans have in the early 1900's. public. and the same is dedicated to the use of the people of the state, subject to appropriation". The constitution changed. statutes and court decisions have recognized that The Colorado-Big Thompson Project. completed in beneficial use also includes fish and wildlife propagation, further guaranteed the right to appropriate unappropriated 1955. provides water for six hundred thousand acres of nature centers. boat chutes, mined land reclamation, and farmland and twenty-six cities and water districts in seven waters for ~beneficial uses". All persons and corporations dust suppression. counties of northeastern Colorado. The Frying Pan­ were empowered. upon payment of just compensation, to A unique 1973 law passed by the General Assembly Arkansas Project supplies water to farmers and cities in obtain a right-of-way across public and private lands of allows the Colorado Water Conservation Board to appro­ the Arkansas Valley. The Closed Basin Project exists for others for the construction of ditches. canals, and flumes priate minimum stream flows and lake levels for the for carriage of water to its place of use. the residents of the San Luis Valley, helping Colorado preservation of the natural environment to a reasonable meet its Rio Grande River Compact commitments to New degree. Instream flow water rights exist on 8,000 miles Mexico and Texas. Water Courts ofColorado streams. Other reclamation reservoirs, along with many pri­ Without a decree. a water right owner is not entitled vate and public non-federally financed reservoirs, exist Under the constitution and laws, water use rights are to make an enforceable ~caIl" for cUrtailment of upstream throughout the state. Many cities own their own reser­ property rights. They are created by using unapproptiated juniors who might be intercepting the water needed to sat­ voirs. As of 1990. Colorado reservoirs numbered more available water for a beneficial purpose. The earlier the isfy his or her senior priority. The state and division than 1,900 statewide. with the capability of storing 8.85 date of appropriation, the more valuable the water right. water engineers and local water commissioners enforce million acre feet of water. They are the backbone of the Water rights are enforced in priority during times of short the court decrees for the instream flow rights of the Water state's water supply infrastnlcture and, together with free supply. Junior rights are curtailed until senior rights are Conservation Board, as they do for all other water rights. flowing streams. constitute an invaluable fishing and satisfied. boating resource. Through an 1879 statute, the Colorado General Progressive Conservation Assembly early assigned the adjudication of water rights Interstate Water Compacts to the courts. The judicial form affords due process to contestants. Judges must be careful to decide cases based In Colorado's early days, the state and federal public on their facts and the law, one at a time, giving effect to agenda was wholly pro-development. Water was a neces­ Colorado is the mother of many rivers. Much of its the constitution and the acts of the General Assembly. sity of human life. It was taken from the streams and water is committed by law to downstream states. Taking used without regard to environmental impact. Back then, Court decrees identify the location and amount of the into account depletion by all its uses, Colorado still deliv­ the beauty and the natural resources of Colorado must diversion, the type of usc, and include any operative con­ ers an annual average of 9,097,000 acre feet from the have seemed inexhaustible, the need to use them so press­ ditions to protect senior rights against injury. Each water Pacific side of the Divide and 1.337,000 acre feet from ing. Farms, mining. cities sprouted. division has a division engineer answerable to the state the Atlantic side. engineer in the enforcement of water rights decrees and There were consequences. Mining districts came and Records of the State Engineer from 1996 show that other matters of water administration. went, leaving forests stripped for mills, housing, and fire­ surface water deliveries from streams for uses in Engineering testimony in water cases can be complex wood. Silt poured off the snow melt, plugging ditches Colorado that year were 18,276.658 acre feel. lrrigation and contradictory. The State Engineer files consultation and reservoirs. Mining waste and human waste leached occurred on 3.180,401 acres. Water dclivered by diver­ into streams, impairing other water uses. reports in court proceedings and is often a party to them. sion is not the same as water consumed. Proponents and opponents of a particular water rights By the close of the Nineteenth Century, the national For example. agricultural use can be twenty-percent and Colorado agendas began to shift from unmitigated claim can be highly adversarial. Because water is a pub­ to sixty-percent consumptive. depending on the type of use of natural resources to sustainable management. lic resource, citizens who do not own water rights are soil, crop pattern. and geographical location. Municipal President Teddy Roosevelt and his forester, Clifford allowed to participate. use varies from five percent to forty percent consumptive, Pinchot, pushed to reserve the forested lands from being Under a 1969 statute. seven water divisions of the depending on the extent of lawn irrigation. Every water homesteaded and conveyed to private ownership. Continued on Page // Hobbs: Water Law Vital . .. , cant. COTltirlued from Page 4 The farmers and cities of the eastern plains largely depend upon the Ogallala aquifer, which is regulated by use sector produces groundwater and surface water relUrn The Environment the Colorado Ground Water Commission and local man­ nows thai are important to satisfying downstream rights, agement districts. instream flows. and deliveries at the stale line. The Great Depression. World War II, and post-war Passing water out of stale in compliance with intcr~ economic development produced the building of large state law is critical to Colorado's continued water usc. mainstream dams throughout the west for water supply, Colorado's Water Future Colorado is a party to nine interstate compacts and two power production, flood control, and recreation. The equitable apportionment decrees. An interstate compact nation survived and prospered. As the history of Colorado demonstrates, beneficial is a law of each of the signatory states and the United At the same time. magnificent canyons and free­ use and preservation are the two chambers of our western States. An equitable apportionment decree allocates flowing rivers were lost. Vestiges of wild America hearts. the two lobes of our brains. Our state and federal water between states through an original action of the shrunk and shrunk. Citizens of the West and of the public land. land use. water. and environmental laws mir­ United States Supreme Court in the absence of Congress Nation awoke to the need for preservation. A reservoir ror these fundamental principles. Land use decisions approving a compact adopted by states. that would have nooded Echo Park in the Colorado-Utah made in accordance with law will be instrumental in The nine interstate compacts are the Colorado River Dinosaur Park country was halted. detennining the look and feel ofColorado. Compact. La Plata River Compact. South Platte River Among states. Colorado led the way in integrating We coexist in the land of little rain with other living Compact, Arkansas River Compact, Rio Grande River instream nows into its water rights system. In 1973. the creatures we must respect and help to survive. Compact. Republican River Compact. Upper Colorado Colorado General Assembly empowered the state Water Coloradans will proceed into the twenty-first century with River Compact, Amended Costilla Creek Compact. and Conservation Board to appropriale minimum stream values that will be renected in water decisions at every Animas-La Plata Project Compact. The equitable appor­ nows and lake levels for the preservation of the natural lever. tionment decrees are Wyoming v, Colorado and Colorado environment to a reasonable degree. A 1986 act of the Local citizens will react to proposed diversions, v, New Mexico. legislature allows the Board to buy or accept the donation which threaten their economic liveljhood and love for The loss to Wyoming in the 1922 equitable appor­ of senior water rights for instream nows. Because post­ their home place. Conservation of animals. birds, and tionment case convinced Coloradans, notably its chief 1973 appropriations can be very junior. this law allows plants must be addressed. It is not possible to build a new compact architect, Delph Carpenter, that the law of prior the advanlage of using senior priorities under a judicial water project without extensive public consultation and appropriation could not be applied to interstate rivers. Of change decree, study of alternatives, including not building the project. greatest concern was California's thirst, size, economic Cooperation between environmental interests and As Colorado enters closely upon living within its and political strength. federal agencies led to designation of the Poudre Wild interstate apportioned water share, management will Congress and the sta'tes intended the 1922 Colorado and Scenic River in 1986, passage of the 1993 Colorado become even more necessary. Efficient means of diver­ River Compact to be a pennanent and perpetual division Wilderness Act, and the North Saint Vrain Protection Act sion and storage, beneficial use without waste, recogni­ of water between the upper and the lower basin on a ben­ in 1996. Colorado is cooperating with Utah, Wyoming, tion of all purposes which Coloradans value, these have eficial consumptive use basis. The lower basin states. New Mexico, Nebraska, and the United States to conserve always been fundamental precepts of Colorado water law. Arizona, California, and Nevada could proceed with their the endangered fishes of the Colorado River and the The era of their fuller implementation is upon us, development, while the Upper Basin States, Colorado, endangered birds of the Platte River. Water supply planners will be required to examine all New Mexico, Utah, and Wyoming could utilize their full Cooperation was notably absent when Denver options: among them, conservation, exchange, ground share at any distant time, when ready. In the meantime, attempted to obtain a dredge and fill permit under the water recharge, joint use projects, conjunctive use of water not utilized in the Upper Basin is available to the Clean Water Act to construct the Two Forks dam. Many ground water and surface water. out of priority diversions Lower Basin under the law. Coloradans, inside and outside of Denver, fought its con­ through decreed augmentation plans, and the sale and Colorado is nearing full compact utilization. This struction. Historical connicts between the east slope and purchase of water rights for usc within the state. has occurred already in regard to the Arkansas and Rio the west slope re-emerged. Use of local water resources for local purposes will Grande compacts. Colorado presently consumes over 2,9 The Denver Water Board historically had opposed be the primary focus. Yet, Coloradans know that the state million acre feet of water annually of its Colorado River being included in the Colorado law, which required miti­ must share its water and financial resources as a whole. Compact allocation. Colorado's legal apportionment is gation plans by conservancy districts when exporting Eighty percent of the water supplies arise on the western 3,825,000 acre feet. Depending upon natural conditions water from the Colorado River Basin. Agreements under slope, EighlY percent of the population currently resides and conflicting interpretations of other compact provi­ this law had led to the construction of the Colorado-Big on the eastern slope, Rural areas throughout the stale are sions, Colorado's additional development potential may Thompson and Frying-Pan Arkansas Project for the east­ experiencing significant population increase and will be less than the 8,000 acre feet theoretically remaining ern slope and Green Mountain Reservoir and Ruedi require municipal and recreation water supply. from the Colorado River system. Reservoir for the western slope The farmland of Colorado is economically produc­ While it did attempt to reach agreements with those tive and beautiful to behold. Whether farms should be Federal Reserved Water Rights opposing Two Forks, the Water Board found few allies dried up to serve cities is a critical question for Colorado. for a project desired mainly by suburban cities and dis­ Water rights are valuable property rights. The voluntary lricts. In 1989. the Environmental Protection Agency In 1907. the United States Supreme Court determined creation of farmland trusts and open space covenants, vetoed the dam under a provision requiring a pennit to that the states could not deprive Native Amerieans of the together with payment for the water rights through private deposit fill material in the streams. water reserved to them by Congress when the reservations and public funds. is an alternative for keeping water on Despite the Two Forks veto. growth has occurred the ground it has irrigated historically, were established. Reserved water rights also exist to exponentially in the Denver Metropolitan Area nonethe­ Despite our trans·mountain growlings in near every serve the primary purposes of other federal reservations. less. Denver suburbs have turned to the use of deep arena of public debate. we revel in being the high point of sueh as national parks. exhaustible Denver Basin bedrock water and the purchase Congress adopted the 1952 McCarran Amendment the West. Our celebrated poet Thomas Hornsby Ferril of farm water. while examining the potential of ground­ permitting the states to require the United States to adju­ called on Coloradans to seek the strength of mountain water recharge. exchanges with other water users, conser­ dicate federal water claims in state courts. including tribal streams and prairie streams. We always have. We vation measures. and additional trans·basin diversion. always will. 0 rights. Colorado has successfully adjudicated claimed The Denver Basin bedrock water is not subject to reserved federal reserved water rights. Colorado prior appropriation law because il does not But a very significant set of rights yet remains to be Before he was appointed to the Colorado Supreme belong to a natural stream subject to the state constitu­ implemented. The Ute peoples of Colorado, with finan­ Coun on April 18, 1996, Justice Hobbs practiced water tion's water provisions. By act of the Colorado legisla­ cial assistance by the state, await construction by the and environmental law for twenty-fi\'e years. ture. this deep underground water is allocated to the over­ United States of the Animas-La Plata Project. It remains. unstaned. lying landowners on a one hundred-year supply basis.

ASPINALL AWARD NOMINATIONS & WATER LAw SCHOLARSHIPS Ifinterested, 'he following fonllsfor your completion and return to 'he Colorado mller Congress office are available: 1. Nomination form for the 2000 Wayne N. Aspinall Water Leader of the Year 5. Larry D. Simpson, Ralph Adkins and John R. Fetcher (for either an engineering Award. student or a non-partner of an engineering finn) Engineering Scholarship for 1999 - Colorado Water Law Seminar. 2. Ed Boresen. W.O. Farr, John R. Fetcher, Frank Milenski and Bart Woodward Scholarship (for an active member of the agricultural community) for 1999 ­ 6. Charles L. "Tommy" Thomson, Fred E. Anderson and John R. Fetcher (for either Colorado Water Law Seminar. a student in government or a government employee) Government Scholarship for 1999 - Colorado Water Law Seminar. 3, Glenn G. Saunders and John U. Carlson (for either a law student or an associate of a Colorado law finn) Legal Scholarship for 1999 - Colorado Water Law Seminar. The Wayne N. Aspinall Award nomination fonn is due at the CWC offices by August 2, 1999. The scholarship nominations arc due at the CWC offices by July I. 4. Bill Hornby (for either a journalism student or a reporter of a news media organi­ 1999. If you are interested in any of the above fonns, please fax or write: Colorado zation) Journalist Scholarship for 1999 - Colorado Water Law Seminar. Water Congress. 1390 Logan St.. Suite 312, Denver. CO 80203, (phone) 303·837· 0812. (f",) 303-837-1607. 1998 ewe MEMBERSHIP REPORT This report is intended to bring the membership the Colorado Ute Indian Water Rights Settlements. CWC Endange.-ed Species Platte River Project­ up-to-date wilh Colorado Waler Congress activities 9. IUR 98-1039 concerning management of BLM Inl98. 2117/98. 3125/98. 5/6/98. 6123/98. 813/98. 9/4198. for calendar year 1998. No organizotion, il should lands to allow for multiple uses in accorcbnce with exist­ 10116198 and Ilfl4I98. be nOled, will have a meaningful impact on issues of ing resources management plans. Endangered Species Recovery Implementation 10. S8 98-010 concerning water quality control per­ Program Funding - 1/6198 and 1/16198. concern, unless its membership is involved and mit fces, and, in connection therewith. increasing fees for asserting itself Also. special thanks is expressed to point source discharges, storm water discharges, and CWC sponsored meetings were another dimension of the members of the General Assembly and Ihe industrial pretreatment and making an appropriation. membership involvement activity and these were; Executive Branch for they have lis..tened to CWC's II. SB 98-015 concerning the elimination of the concerns and aCled in a positive alld helpful manlier. yearly limit on the amount of per diems paid to the mem­ I. CWC 40th Annual Convention held January 28­ bers of the Ground Watcr Commission. 29.1998. CWC notes the following in terms of highlights: 12. S8 98-078 conccrning the financing of water 2. CWC Summer Convention held August 27-28, resource projects by the Colorado Water Resources and 1998. I. Sixteen of the ninetccn watcr bills introduced in Power Development Authority. 3. CWC Water Law Seminar held September 14-15, thc Statc Legislature and supported by CWC wcre enact­ 13. SB 98·103 concerning the operation of the 1998. ed into law; Grand Junction Drainage District. 4. CWC Workshop on Legal Ethics in Water and 2. The two water bills opposed by CWC were kiUed; 14. S8 98-179 concerning enforcement of the feder­ Environmental Law held November 6. 1998. 3. Continued the major effort (as a CWC Special al "Safe Drinking Water Act" by the Department of 5. CWC Workshop on The Initiative Process; What Project) to address the issues in the U.S. Fish & Wildlife Public Health and Environment. You Need to Know held November 10. 1998. Serviee. Plane River and Colorado River Threatened and 15. SB 98-201 concerning changes in the dates for 6. ewc Workshop on A Review of Federal Endangered Species endeavors; requirements relating to water well pumping in the Environmental Laws held November 12, 1998. 4. Continues a Strategic Planning effort as to cwes Denver basin aquifers, and, in connection therewith, 7. CWC Conference on Ground Water held role in the 21st century; delaying the implementation date of the stricter standard November 16, 1998. 5. Assisted in the Colorado Farm Bureau Future of replacement of stream depletions resulting from the 8. CWC Conference on Endangered Species held Water Resources effort; operation of wells in the Denver basin aquifers, extending November 17, 1998. 6. Participated in the Legislature's interim studies of the repeal date of such stricter standard thereby delaying water and land resources and S896-74; and the return to the standard of replacement in existence There were a number of other actions that enhanced 7. Assisted in the campaign to defeat proposed prior to July I, 1999. and extending the repeal date of the and assisted greatly in making CWC more effective. Amendments 15 and 16. Special Water Committee. These actions were: 16. SJR 98-004 concerning additions or modifica­ • It should be noted that CWC's cfforts with consti­ tions to, and deletions from, the project eligibility list of 1. Secured twelve new sustaining members, and four tutional amendment initiatives is consuming a consider­ wastewater treatment system projects eligible for finan­ new individual members during 1998. able amount of time. cial assistance from the Water Pollution Control 2. Named Stephen L. R. McNichols the 18th recipi­ •• It should be further noted that special projects arc Revolving Fund and the Colorado Water Resources and ent of the "Wayne N. Aspinall Water Leader of the funded by voluntary contributions uscd for that purpose Power Development Authority. Year Award" at the 1998 CWC Annual Convention. only - no CWC general fund monies are used. 3. Published Colorado Water Law Enacted in None of the aforementioned events or bill enactments 1998 of Interest to Water Users (168 pages). The new water laws and resolutions supported by would have been possible without - as already pointed 4. Published Colorado Water Almanac and CWCwere: out - the dedicated involvemcnt of cwe members. Directory 1998-99 Edition (112 pages). I. UB 98-1006 concerning the establishment of a This involvement is translated inlo the following statistics 5. Produced one Educational Video; namely fund to promote the conservation of native species, and as they relate to the number of CWC Board and Historical Perspective by Aspinall Recipients; W.O. making an appropriation in connection therewith. Committees meetings; Farr, l.R. Fetcher and l. Sayre. 2. DB 98-1011 concerning the replacement ofdepic­ tions from new withdrawals of groundwater in Water Board of Directors - 1/28/98. 1/30/98, In regard to ONes written communication (newslet­ Division 3 that will affect the rate or direction of move­ 3/12198,7124198,8/26198 and 12/14198. ters), the following newsletters were published during 1998: ment of groundwater in the confined aquifer, and. in con­ Management & Budget Committee - 2/27/98, nection therewith, authorizing the State Engineer to pro­ 3127/98,4/24198,5129/98,9125198, 10/23/98, 11124198. I. Colorado Water Rights - Spring/Summer 1998 mulgate rules that optimize the use of the groundwater 12114198. (12 pages) and Fall 1998 (16 pages). and provide alternative methods to prevent injury. ewe Official Business Meeting - 1/30/98 and 2. Water Legislative Report - '2123/98. 5nO/98 3. JIB 98·1037 concerning mileage allowances for 8/28/98; and 7121198. state officers and employees. State Affairs (Legislative) Committee - 1/5198, 3. Water Intelligence Report - June 1998 and 4. fIB 98-1151 concerning administrative functions 1/12198. 1119/98.212198.219/98.2116/98.312198.3/9/98. October 1998. related to the regulation of ground water, and, in connec­ 3/30198,4120198 and 1'2110/98. 4. Water Legal News - February 1998 and tion therewith, making an appropriation. State Affairs Subcommittee on Water Project December 1998. 5. US 98·1189 concerning the funding of Colorado Assistance Process - 1/6/98,2/6/982/17/98312/98, 5. Water Research News- March 1998, July 1998 Water Conservation Board projects, and making appropri­ 3/9/98.8/26/98.9/22198.9/28/98. 11111/98. and 11/25/98. and November 1998. ations in connection therewith. Federal Affairs Committee - 3/2/98. 6. Environmental News - April 1998. 6. IIJR 98-1007 concerning additions or modifica­ Federal Affairs Subcommittee on Forest 7. The National WaterLine - 1/98,2/98.3/98. tion to. and deletions from the project eligibility list of Guardians - 6129198. 4198.5198,6198,7198,8-9/98.10198 and 11-12/98. drinking water projects eligible for financial assistance cwe Nominating Commillee - 8/26198. from the Drinking Water Revolving Fund. cwe Resolutions Committee - 7124/98 and Again, we are. indeed. proud and honored to be ass0­ 7. IUR 98·1023 concerning the American Heritage 12114198. ciated with such an outstanding and dedicated group of Rivers Initiative. cwe Litigation Commillee - 3/12198. people as the CWC membership. 8. HJR 98-1031 concerning support to the construc­ CWC Endange.-ed Species Colorado River Project tion of the Animas - LaPlata Project and in particular to Management Committee - 1128198, 3/12198, 4/14198. Dick MacRavey the full compliance by the United States with the terms of 6I4I98,7123/98.9fl4198, 11/2/98 and 1219198. Executive Director

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