Candidates Talk on Water

Dedicated to the elected officials of Colorado

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a politic!..ian. E lJe~yon£ oU9ht to b£, ai LincoLn wai. JJ - Elihu Root Speech presenting statue of Lincoln t~ 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

FALL 1986 Published by Colorado Water Congress VOL. 5, NO.4 Candidates Talk on Water

"The Congress cannot continue to threaten the existence of the "Two Forks is another important step for us to keep Colorado water Bureau of Reclamation capital construction policies, endangering in Colorado, not in California, not anywhere else. " what we in the West are working to accomplish. " -Congressman Ken Kramer -State Representative Ben Nighthorse Campbell Page 4 Page 5

" .. .1 have insisted that before we designate any additional wilderness " .. . If we take care to develop our economy in parallel with water area in Colorado .. . we must first resolve, indeed reverse , the reserved resource development, there will be no question that lower basin water right decision thrust upon us by the Sierra Club and Judge states must look elsewhere for water to satisfy their thirst. " Kane. " -Congressman Tim Wirth -Congressman Mike Strang Page 4 Page 5

" .. .the people of Colorado stand to lose hunting rights (necessary "I personally believe that there is a special need in taking care of to tourism and recreation), grazing rights, royalties under the the western slopes economic interest when we divert water from the Mineral Leasing Act and water rights. The most annoying part ofit western slope to the eastern slope ...may take the form of an all is that we , Colorado's citizens, didn't even have a presence in earmarked sum of money annually and indefinitely... " the case. " -State Treasurer Roy Romer -Tom Bastien Page 8 Page 9

"Protection ofColorado 's water rights system from federal reserved " .. . we have a State water plan that is embodied in the Constitution rights claims as well as an expansive federal application of water ofthe State and in one hundred years ofstatute ... the implementation quality programs has been given a high priority by the Office of of the plan has dragged on and been battered about." Attorney General ... " -State Senator Ted Strickland -Attorney General Duane Woodard Page 8 Page 9 ~@th Annual ~WII~ Convention Janumy 29-30, 1987 Holiday Inn, Northglenn President Reagan Nominates James Ziglar as Assistant Secretary for Water and Science Secretary of the Interior Don Hodel praised President the Municipal Investment Banking Department of Paine Reagan's intention to nominate Jame W. Ziglar as A sis Webber Incorporoated, in Washington, D.C. and New tant Secretary of the Interior for Water Science. York. He also ha been as ociated with Dillon, Read & "Jim Ziglar has demonstrated outstanding leadership Company, Inc. , New York as Senior Vice President of in developing innovative financing program for water the Public Finance Department; O 'Connor, Cavanagh, resources projects power generation facilities, and other Anderson, Westover, Killingsworth & Beshear ,Phoenix, public services," Hodel said. 'I am delighted that we Arizona as Partner-in-Charge of the Public Finance De will be able to benefit from his experience and expertise partment; and Mudge Rose Guthrie Alexander & Ferdon , in forwarding President Reagan's water resources pro New York , as an Associate Attorney in the Public Finance gram and in our efforts to improve the condition facing Department. America's minerals industries. Prior to entering the financial services industry, Ziglar "The combination of Mr. Ziglar and Commissioner of served as Law Clerk to Associate Justice Harry A. Reclamation Dale Duvall provides us with a superlative Blackmun of the United States Supreme Court. He also team to face the challenges of providing a clean, reliable served as Special Assistant for Legislative and Public supply of water in an era of reduced federal spending. Afairs in the U. S. Department of Justice and as an aide ~s Chairman of the Critical Materials Council, I will to former Senator James O. Eastland. be looking to Jim for new approaches in carrying out this Ziglar received his Bachelors of Arts from George Administration's policy of developing a stable, long-term Washington University in 1968 and his Juris Doctor from supply of critical and strategic minerals." George Washington University National Law Center in As Assistant Secretary for Water and Science, Ziglar 1972. He currently serves as a member of the Board of will direct the operations of three Interior agencies, the Directors of the National Water Resources Association Bureau of Reclamation, which develops water projects and Chairman of its Financial Caucus. He is a member in the 17 western states; the U.S. Geological Survey, of the Bar in Arizona, Virginia, New York, and District which has responsibility for mapping and basic geological of Columbia. He also is a Registered Municipal Securities and water resources research; and the Bureau of Mines, Principal. which gathers and analyzes minerals data and conducts Ziglar, 40, a native of Pascagoula, Mississippi, cur research on mining and minerals processing. rently resides in Potomac, Maryland, with his wife and Ziglar currently is employed as Managing Director of three children. COLORADO WATER RIGHTS Published by: Colorado Water Congress Colorado Water Almanac & Directory - 1986 Edition 1390 Logan Street, Suite 312 Denver, Colorado 80203 The Colorado Water Congress has recently published the "Colorado Water Almanac & Directory - 1986 Phone (303) 837-0812 Edition." This 100 page - and greatly expanded - publication includes directory information, calendar of events, glossary of terms, current water projects, summary of 1986 water laws, etc. One copy of the Almanac/ Member of National Water Resources Association and Water Resources Congress Directory will be mailed to each CWC member. In the event that additional copies of this directory are desired, it is requested that the form below be used for such requests. Dick MacRavey Publisher L. Deaton & Associates Colorado Water Almanac & Directory - 1986 Edition Editing/Production Publication Printers Mail after 8/18/86 to: COLORADO WATER CONGRESS Printer 1390 Logan Street, Suite 312 Denver, Colorado 80203 OFFICERS 1986-87 Ralph Curtis, Alamosa I am enclosing $ for ____ copy(ies) of the Colorado Water Almanac & Directory - 1986 President Edition - $25.00 per copy, plus sales tax. * .... John R. Fetcher, Steamboat Springs Vice President Date: Name: ------Larry D. Simpson, Loveland Organization: ______Treasurer Dick MacRavey, Denver Address: ------Secretary City/State/Zip: ______BOARD OF DIRECTORS *Sales Tax - Denver residents and/or firms - add $1. 78; Resident and/or firms in RTD boundaries (other than Denver) - add Mark Achen, Grand Junction $.90; and all others in Colorado - add $.75. Ralph Adkins, Pueblo Richard O. Austermann, Golden Carl Bernklau, Rifle Robert O. Burr, Walden Lyle Bush, Golden Tom Cech, Greeley Flaven Cerise, Glenwood Springs Calendar of James Cloninger, Parachute Ralph Curtis, Alamosa Lloyd Doerfer, Mancos COMING John Fetcher, Steamboat Springs Robert W. Fischer, Denver EVENTS Tom Griswold, Aurora Jim Hokit, Montrose James Kreidle , Denver October 29, 1986 - COLORADO WATER CONGRESS WORK more information, contact Ken Whitmore at NCWCD in Loveland: Maurice Lefever, Fort Morgan SHOP ON NONTRffiUTARY GROUND WATER: THE LAW (303) 667-2437. Douglas C. Lockhart, Grand Junction AND THE RULES & REGS - The meeting will be at a motel Harold E. Miskel, Colorado Springs or hotel off 1-25 in Southeast Denver. For more information, contact January 29-30, 1987 - COLORADO WATER CONGRESS Manuel Pineda, Fort Collins the CWC office in Denver: (303) 837-0812. 29TH ANNUAL CONVENTION - Holiday Inn Northglenn, 1-25 John Sayre, Denver & 120th Avenue. Northglenn. Colorado. For more information , Larry Simpson, Loveland December 1-5, 1986 - NATIONAL WATER RESOURCES AS contact the CWC office in Denver: (303) 837-0812. SOCIATION ANNUAL MEETING - HOlel del Coronado. John M. Sayre, Denver Coronado Beal:h (San Diego area). California. For more informa April 5-8, 1987 - NATIONAL WATER RESOURCES ASSOCI· NWRA Director tion, contact the Colorado Water Congress in Denver: (303) 837- ATION MEETING - Loew's CEnfant Plaza Hotel. Washington , Jack Ross, Denver 0812. orthe NWRAoffice in Washington. D.C.: (202) 488-0610. D.C. (Dates are tentative. contingent on date for appropriation hearings). For more information. contact the NWRA office in NWRA I st Alternate December 10-12, 1986 - COLORADO RIVER WATER USERS Washington. D.C. : (202) 488-0610. Larry D. Simpson, Loveland ASSOCIATION ANNUAL MEETING - Caesar's Palace. La NWRA 2nd Alternate Vegas, Nevada. For more information. contact Tommy Thomson August 2-5, 1987 - NATIONAL WATER RESOURCES AS Robert W. Fischer, Denver in Pueblo: (303) 544-2040. SOCIATION MEETING - Sun Valley Lodge & Inn, Sun Valley. NWRA Resolutions Chairman Idaho. For more information. contact the NWRA office in Washing ton. D.C.: (202) 488-0610. Tad Foster, Colorado Springs January 12-14, 1987 - FOUR STATES IRRIGATION COUN NWRA Resolutions Alternate CIL ANNUAL CONVENTION - Northplatte. Nebraska. For Balancing Environment 'and Economics

Balancing environmental water we're all dead!" But I actually like Woody Allen's attitude needs and economic water needs - better. He said ''I'm not afraid to die, I just don't want to it's a very tough question. Why? I be there when it happens!" think that what it really comes down A major fallacy with the conservationists' position on to is a matter of perceptions, more economic growth is that it violates the principle of common than anything else. A perception of good - the greatest good for the greatest number: Let me what's fair and of what really is bal give Y9u an example: a little-heard-of project by Colorado ance. There's an old Japanese prov Springs and Aurora - Pha e II construction of the Home take erb - incidentally, I usually hesitate Water Project, which we have been trying to permit for the to quote proverbs because there's past five years. There's been a lot of environmental opposi another old proverb that says "Wise tion to that project, which I won't go into here. If we were men write proverbs, fools repeat to concede all of the environmental demands, we might still them" - but, in any case, there is have a project someday. But it would be a less efficient one an old Japanese proverb that says, that produces less water and costs much more. The result "The reserve side also has a reverse of that is an economic disadvantage to a half million people side." So often, what I perceive as living in Aurora and Colorado Springs because of higher balance, as what's fair, you don't. costs and/or inadequate water supply. That's an imbalance So when we're all through talking of values in favor of the environment. When you start ranking about balancing between the envi values, I feel that you must give more value to the oppor ronment and economics, the percep tunities that come with economic growth and development. tion of balance usually depends on The opportunity to create a future for oneself: an occupation, who won. The winner thinks things home, family; a cultural and social experience; a quality of are in balance. life. Yes, one's own environment created through economic Webster defines balance as a state growth. All this, as opposed to an opportunity to visit a of equilibrium between contrasting, waterfall, or a stream, or enjoy some of the other amenities opposing or interacting elements; of a forest in its natural state. equality between the totals of two Now don't misunderstand me. I do think that we have an sides of an account. Balance does obligation to try to preserve those forest environmental op not mean that I have to do more than portunities as much as we can , within balance. But I person anybody else. Nor do you. Actually, ally don't mind seeing trails that have been improved by and you've heard this said many man, and are a bit trampled, or campsite scars, and yes, times today already, environmental even the ubiquitous beer can, which I usually pick up and values and economic values are carry out with me. I admit that sometimes I feel that we much more closely related than any could all be a little less abusive of our environment, but I of us care to admit. view these effects as necessary consequences. Environment, according to Webs The truth is, I think, that most of us really want both ter, is the circumstances, objects or economic development and environmental values, to some conditions by which one is sur- degree at least. The problem is agreeing on how much of rounded; the aggregate of social and Harold Miskel each. (That elusive balance again.) There should be desig cultural conditions that influence the Manager of Planning and Resource Development nated wilderness areas that keep a portion of our environment life of an individual or a community. City of Colorado Springs in its natural state - that are accessible only to those that And economy, again according to are physically able to make the trip, either with backpack Webster. - Incidentally, did you ever notice that in Webster development. And developers typically regard conser or with horse. There should be forest, river and lake recre economy is located between ecology and ecosystem? Some vationists as druids - religious figures who sacrifice people ation - large portions of which are reasonably accessible to of us prefer to say that economy is surrounded by ecology and worship trees. the vast majority. And there should be economic opportunity and ecosystem. - But in any case; economy is defined as Conservationists, on the other hand, believe that growth for all of us through regional development and use of our the thrifty and efficient use of material resources. must stop or the world will become repugnant. They ask, natural resources. Let me also clarify that reasonable de So what makes up environment? Circumstances, objects, "Why grow to the point of repugnance? Aren't we repugnant velopment does include mitigation - the obligation of a conditions by which one is surrounded. Wilderness? Sure. enough already?" Or, as Ogden Nash put it, "Progress might developer to minimize the impacts of development. But here Natural forest? Certainly. Rivers, streams, lakes? Of course. have been all right once upon a time, but it has gone on too again, the key is reasonableness and balance. How about golf courses? Houses? Yards filled with bluegrass long." Conservationists believe that our environment, as Well, I've done what most of the other speakers have and flowers? Greenbelts in urban areas? Brown belts in much as possible, must remain unchanged - in a "natural done - I've talked for several minutes and I haven't provided urban areas? Businesses, paved streets, parking lots, au state." And they believe that developers, although considered any answers, and I've raised several questions. But James tomobiles, people? All of these make up our environment. normal by most, are stark raving mad! Thurber said "It's better to know some of the questions than And how do these occur? Some of them quite naturally. Now let me quote to you from two conservationists, one all of the answers." Others by man-made economy. of national prominence and another whose notoriety is more I submit to you that the process for reaching balance is So let's face it - major portions of our environment are on a regional or statewide scale. The first is David Brower, already in place. But it's cumbersome, it has flaws and it's directly related to and are dependent upon economy. Now, who was the Executive Director of the Sierra Club for seven regularly abu~ed. This process to which I'm referring is our is this good? Some say yes, some say no. I believe that teen years, and is now affiliated with Friends of the Earth collection of laws and regulations that govern the permitting healthy economic growth and development is not only good, and the John Muir Institute for Environmental Studies. The of projects. I think, after hearing Bill Cleary, that I'd also but is necessary for our well being and survival. Our country second is Doctor Warren Hem, a Boulder physician, who like to include in this process the judicial system as well, didn't get to where it is today by lying stagnant, without formed and is the Chairman of the Holy Cross Wilderness the water courts. Success in using this process depends to motion, allowing its future to be formed naturally. We be Defense Fund, which is an organization with which I've a large extent upon the persons that are participating, their came the great economic power that we are through man's had some encounters. attitudes and their commitments to positive, objective resol influence, his innovation and his initiative. I think it's fair Their perceptions and attitudes regarding growth vs. envi ution of the differences - in other words , their perceptions. to say that there's always been a predominant philosophy ronment go something like this: Brower - "Wilderness is Reaching balance means getting all the actors together, iden here in the United States that economic growth and develop the bank for the genetic variability of the earth. We should tifying all the issues and concerns together, identifying the ment is good, and is needed. History has proven this philos draw a line right now. Whatever is wild, leave it wild;" Hem level of study and analysis necessary, agreeing; performing ophy to be a good one. Meeting these economic needs natur - "Wilderness is a national treasure and one for future gen the study and analysis in an objective, efficient manner, ally puts pressure on and causes changes in our environment. erations, and it should be left alone;" Brower - "Man has identifying the mitigation needs (with reason), agreeing; But, meeting these needs also creates more desirable environ-' taken enough for himself already. The rest is there for a and then following through on all agreements. Sounds sim ment in many cases. different purpose, not man's purpose." (He doesn't say what ple. And it is, except for a couple of steps, those that call So if environment and economic development are so purpose, but not man's purpose. I guess what he's saying is for agreement. closely related, and perhaps even interdependent, why can't the future i n't what it used to be.); Hem - "Many have The study effort and the result is difficult enough to agree we balance the needs of the two? Well, it can be done. But watched large areas of wilderness disappear because of de on . And , it's easy enough to do an economic analysis. But in order to strike a balance, we need to satisfy two basic velopment and o-called progress. I want to top this and how do you do an economic-environmental analysis? How requirements: 1. the balance must recognize the importance make development more rational. We need a land-use pro do you incorporate the environmental values? How do you of and be based on the concept of common good: the greatest gram that protects riparian ecosystems and that discourages quantify environmental value so that they can be compared good for the greatest number; and 2. the process of balancing the kind of sprawl we have along the front range corridor with economic values? We have an environmental study must be applied positively, with objectivity, and when the - a spreading megolopolis antithetical to civilized values." proces that has clearly-defined standard . But environmen balance is reached, there must be closure. The attorneys call So the environmental point-of-view is that all economic tal value vary extremely with perception. (There' that word it estoppel. growth must stop - no impacts on the environment. Man, again.) Trying to meet these two requirements is where the whole in his quest for economic growth, naturally impacts the Environmental problems need to be evaluated to a uniform process breaks down! Keep in mind what I said earlier about environment, and very often does it intentionally. But the level but not to the detail that would lead to killing the perception, and add to that the development and adoption conservationist says nothing takes place nothing advance project. All too often, environmental interest in ist on a of values, attitudes and philosophies, which are all molded - everything remains in it natural tate. Now, I would clas - level of study detail that has as its real purpose to delay or through our perceptions. Let me give you some illustrations. ify such a condition a stagnation or death. Stagnation is prevent project development. We spend much , much more Developers believe that the consumption of raw materials the tate of being stagnant, so ays Webster - motionless, time, effort and money tudying environmental concern is appropriate and necessary to sustain the wealth and well stale, inactive. And if something i dead , it i no longer than economic concern . being of the country. Developers, especially those who are active, no longer in u e. It's tagnant. So it eems to me We must eliminate the attitude of gaining strength through acquainted with the dry West, deeply believe in the diversion that anything that remain in its natural state must be dead . delay, of attempting to get the upper hand by backing the and impoundment of water to support economic growth and Of course , John Maynard Keyne ay that "in the long run , Continued on page 12

Colorado Water Rights •• \ The Senate Candidates promises to get worse, before it gets better. Just a couple Last year, I introduced legislation that gives Congress an of weeks ago the Administration revised its deficit forecast ultimatum. Either act now and pass the amendment, either - upward. The Government now says the deficit for fiscal act now and do what the overwhelming majority of Amer year 1986 is likely to exceed $230 billion, which is $27 icans want done about the deficit, or the people will convene billion more than what we projected only six months ago. a constitutional convention to draft a balanced budget amend That's only part of the story. Our federal debt now stands ment themselves. I give you my pledge to continue to fight at more than $2 trillion - $9,000 for every man, woman for a balanced budget amendment and do everything in my and child in America. And the trillion dollar budget that power to bring runaway federal spending under control. Congress passed last May, adds more than $200 billion to The continued economic health of our country demands no that debt. Meaning the Congress is simply not giving itself other course. Just as we must meet the challenges of federal the proper obstacle, the proper direction that it needs. I am deficit, so we must confront other challenges to our eco proud to say that I voted against that budget. Just as I did nomic health and well being . last year. When I see Congress passing a trillion dollar budget As a state, we are on the cutting edge of a technological while our budget deficit is ready to reach a quarter of that revolution, an aerospace revolution, that, when combined amount, I say "enough." Enough of runaway, out-of-control with our existing agriculture, mining, manufacturing, federal spending that is threatening to bankrupt this- country. tourism and other industries, promises a diverse dynamic Those quantities that I've just quoted are staggering. Those and prosperous future for our great state. To fulfill that vision, quantities that threaten our dreams to build a better America, and ensure a healthy tomorrow, we must meet the state's and the dreams of our children, and of our grandchildren . water challenge. We must store it , and we must protect our Incredibly enough, you will find many people in Congress rights to use it. Water demand is going to rise in the years Ken Kramer, a Republican, is Colorado's 5th District Con who say that we've reached our limit. That we can't cut any ahead, so let's be prepared. I am absolutely committed in gressman and a candidate for the U.S. Senate. more out of the federal budget. That we've trimmed it to the fight to protect our most precious resources. Protection the bone. Believe it or not, there are many in Congress who that is vital now, more than ever, in the wake of Judge Kane's e all know that water is one of our most will make that claim. Well , ladies and gentlemen, I don't decision last November. precious resources. You people are in the buy it. I don't buy a trillion dollar budget, with $200 billion Legislation has been introduced to create additional wilder forefront of the efforts to provide for this increases in the debt limit. I don't buy deficits of $230 ness in Colorado, but as you know, this legislation in no W state's lifeblood - to ensure that we always billion. I don't buy the claims that we've cut as much as we way addresses the question of federal reserved water rights. have enough of our most precious resource to meet our can from the federal government - that we need to raise Now, the Kane decision forces us to deal with that question. needs. To ensure that Coloradans are able to enjoy that special taxes to cover all this spending. I don't think you buy it either. It is my beliefthat under no circumstances should we proceed quality of life unique to our state. You have been strong and A different approach is in order. We need a new menu. with any legislation on adding to wilderness unless, until effective leaders for Colorado in water resource develop One that puts the federal government on a much needed we resolve the questions prompted by Judge Kane's decision. ment. diet. One that puts a halt to $230 billion deficits. And one Furthennore, I cannot and will not leave our right to use As we look to the years ahead, no single factor will be that keeps our economy, our nation healthy and one that our life's blood uncertain'in any future wildemess legislation. more crucial to Colorado's continued prosperity and well keeps the government lean and limited. After hearing a lot I insist on knowing what we're doing before, not after we being than thjs natural resource - water. And no single group of people in Congress talk about tough choices, after hearing do it. will play a larger role, a vital leadership role on water re a lot of people in Congress try to blame someone else for The approacr taken by my good friend and colleague, source development than you. The future holds challenges the continuing budget travesty, after watching Congress fail Mike Strang is worthy of consideration. As you know, Mike for all of us , and it also holds hope and opportunity. Col again to put the clamps on federal spending, I am convinced proposes a bill that says wilderness designation does not in orado's future is very bright, as is the nation's. I believe more than ever that we need to impose a higher authority any way create a federal reserved water right. It also au very stiongly in the future of Colorado and of America. But on Congress. Our best hope is to meerthe challenge posed thorizes the Interior Secretary to claim, where necessary, a this optimism is tempered by the reality of a $200 billion by the federal deficits. Our best hope is to build a better minimum instream flow within designated wilderness areas deficit that thr~atens to undo all of the economic progress Colorado and a better America. Our best hope is a constitu which may be required to preserve and protect aquatic life that has been made in the last few years. Sadly, the problem tional amendment requiring a balanced federal budget. Continued on page 12

sion projects are a monument to our engineering skills. But dinary" because Tom Bevill almost never takes a position they also demonstrate that the prior appropriation system, when the Interior Department's fonnal recommendation to which has its origins in the mountain mining districts, could Congress is still pending. But in this care, I convinced Tom adapt to meet the growing demands of our cities. of the importance of the Animas-La Plata Project and we At the same time that our state's front range urban areas worked together in prodding Secretary Hodel toward ap were being built, other Coloradans set as their objective the proval of the agreement worked out among the states, tribes, irrigation of crop lands on the eastern plains and on the and local water users. ' western slope. Intense development of the Cache La Poudre What Colorado's accomplishments mean to me is that our and importation of water through the Colorado-Big water laws have stood the test of time. These laws have Thompson Project have fostered, in northeastern Colorado, provided a system for fairly and efficiently allocating a pre one of the state's most productive agricultural centers. cious resource among competing claimants. And the develop And while some farmers were diverting water from the ment that has taken pla~e under the umbrella of this legal headwaters of the Colorado River, others were constructing system has been one of the key catalysts of economic de reclamation projects in western Colorado. As a result, the velopment in Colorado. orchards of Delta and Mesa counties continue to provide OUf ,successes of the past should provide a sense of op Colorado and the nation with first class produce. timism for the future. But great challenges lie before us. A During my twelve years in Congress, I have maintained combination of factors - a budget crisis in Washington, new a strong commitment to developing Colorado's water. I be and "competing demands for water at home, and the constant lieve my record is clear and strong. During my first years balancing of development and environmental protection - in Congress , I worked with the entire Colorado Congres have intensified the need for creativity and innovations. Tim Wirth, a Democrat, is Colorado's 2nd District Con sional delegation to provide federal funds for the Dolores The world of water law is changing. Our experience with gressman and a candidate for the U.S. Senate. and Dallas Creek Projects. And when President Carter's "hit the Animas-La Plata demonstrates that, for better or worse, list" threatened these projects, I fought back. Even though the federal government's financial contribution to reclama t seems that almost every day we read another story he was the President of my own party, he clearly didn't tion projects is diminishing while demands for local cost in the media about water policy. Some of these stories understand western water needs. sharing are increasing. The federal government is getting are new and dramatic, some are just the latest twist This year, we have seen the fruits of that work. McPhee out of the business of reclamation. I to an old story. But they have one thing in common Reservoir at the Dolores Project was dedicated not long ago Cities are looking in new directions. The search for water - they signify that water policy is one of the most important and will be an asset to that part of our state. The lake behind by front range cities is taking on new dimensions. Com and fast-changing issues affecting our state's economy. Rideway Dam on the Uncompahgre River will begin to fill munities on the urban front range are seriously examining As a Coloradan whose family has lived here for four early next year. large-scale diversions from sources that, just a year ago, generations and as a long-time student of Colorado history, I have joined in the hard fight, alongside many of you, seemed unlikely candidates for municipal water supplies. I understand the pivotal role that the development of our to make sure that the federal government lives up to its side Thornton is moving to divert water from the Poudre Basin water resources has played in building our state. As Wayne of the bargain on the Animas-La Plata Project. As you know, to meet that city's future water demands. Aurora has proposed Aspinall said, water is the "magic ingredient" that has ena the going has been rough. Without the cohesive and good the diversion of 70 000 acre-feet from the Gunnison River bled cities to grow along the front range and agriculture to faith negotiations of the non federal parties involved - with - a proposal that has stirred intense debate on the western prosper on the eastern plains and on the western slope. out years of persistence - we would not have even brought slope and among conservationists. As Coloradans, we can be justly proud of the record we the Interior Department to the bargaining table. As a final example of the change that confronts us , the have established in managing and developing our precious The State of Colorado, the local water users , and the Ute search for a way to balance protection of the natural environ water resources. While we live in a state that is arid or Mountain Ute and Southern Ute Indian Tribes deserve con ment with economic growth and development continues to semiarid, wQere climatic conditions change dramatically gratulations. They also deserve a commitment from their occupy much of our time and energy, as well it should. over a few miles, we have built a strong economy by using elected represet:1tatives in Washington to go to the mat for Water-based recreation and tourism are not just luxuries for water wisely and carefully. them. They've got mine. visitors to our state - they are an increasingly important part We have built an intricate system of storage and diversion On June 5, I took the extraordinary step of asking Repre of the state's economic future. Yet this industry will place systems to bring water from high in the Rockies on the sentative Tom Bevill, the chairman of the House Energy new demands on our scarce water resources. western side of the Divide to cities on the front range. and Water Development Appropriations Subcommittee, to We face great challenges in moving into the next century. Though sometimes controversial, these transmountain diver- join with me in a letter to the Interior Secretary. I say "extraor- Continued on page 10

Colorado Water Rights The 3rd Congressional Candidates

The 3rd Congressional District need to be defined as the those rights are reserved or not, leaving available oppor Snake, the Green, the Yampa, the White, the Colorado, the tunities for federal review. Gunnison the Animas, the La Plata, the Dolores, the Con The Southwest District of the B.L.M. ha already ap ejos, the Rio Grande, and the Arkansas, not just in terms proached Colorado asking for minimum stream flow desig of square miles. Water is the critical issue in the 3rd Congres nations, rather than exercising federal reserve rights. The sional District and in the entire Southwestern United States. point is, money must be made available and Congressional Without the development of the waters of these tream we power mu t be directed if we are ever to begin realizing our are going to see a slow deterioration of our way of life in goals and to keep money from continually running upstream the entire southwest, including Colorado. to the lawyer . As a Congressman representing those rivers, one is respon One does not designate a wild and scenic river in the sible for dealing with Wyoming and their incursions into Gunnison Gorge and fail to allow the Uncompahgre Valley the northern part of our state, Utah and the problems on the users, the largest group of consumers on the river, to sit at White River; and the continual fights with Arizona and New the table. One does not allow the Upper Gunnison Conser Mexico, and with preparing to fight Kansas over state water vancy District to sit at the table, and one does not allow the rights. A Congressman is going to have to deal with the state through its agencies to sit at that table, then try and lawsuits, the main duty of the federal government in the set minimum stream flow levels without asking those people area of water, is the reaffirmation of support for the Bureau to be involved. The users and providers must sit at the same of Reclamation in its goal of developing and maintaining a bargaining table and must continue to it there until com comprehensive policy directed toward developing and con promises can be worked out. Compromises taking into ac serving our country's water resources. The Congress cannot count the future and alternative uses of our state's most Ben Nighthorse Campbell, a Democrat, is a Colorado State continue to threaten the existence of the Bureau capital con valuable natural resource. Representative from District 59 and is a candidate for the struction policies, endangering what we in the West are In the last two years a Congressman has proposed to set U. S. Congress - 3rd Congressional District. working to accomplish. I have a real commitment to bene wild and scenic designations in which the task force estab ficial development through Bureau policies and Bureau pro }ishing the advisory council excluded water users on the have a long term interest in wat~r. My first experience grams. Most of all, Colorado needs someone to promote Gunnison River until they insisted on being included in the in the politics of water issues dealt with the Peripheral that kind of policy. negotiations. Bills have been introduced without minimum Canal in California. Working to defeat legislation al Another issue of concern to a Congressman should be the stream flow numbers. Deals have been cut between environ I lowing Los Angeles to take water from the Sacramento wild river and wilderness designations. There is a trend mental interests and user interests without the basis of factual River, running from northern to southern California, provid toward placing two sets of reserved rights onto the rivers in information. That kind of deal, which occurred in the setting ing more water than the city could ever hope to use. I got wilderness areas. Too often we ignore the fact that the Winters aside the Gunnison Gorge has damaged the efforts of the my start working to prevent wasting a valuable natural re Doctrine applies and that there are federal reserved rights. people in that area to secure water rights for themselves. source. My involvement with the Animas La Plata Project We needto begin dealing with wilderness issues and Federal The goal in major legislation relative to the Gunnison wild and my work in the state legislature demonstrate my commit Reserve Water Rights on a realistic basis. The federal govern and scenic designation is being stopped by non-cooperation ment to water, its conservation and its development. ment must agree to standards of qualification and quantifica between Congressmen. If elected in November, I have been assured by Represen tion, they must demonstrate a support and understanding of We need to take a more thoughtful approach to water tative Morris Udall, Chairman of the House Interior and the natural environment. dilemmas in our state. Water users need to be sitting at the Insular Affairs Committee, that I would be chosen for a Minimum stream flows accompanied by legislative table whenever. decisions about designations and stream majority seat on his Committee. For Colorado, a majority changes, can work to protect the states right to set standards, flows are made. I am committed to water. I will remain a position means the opportunity to make Washington aware to conserve and to develop as we see fit. Standards must servant to our state's needs and will work hard to see those of the national trust imposed on the U.S. for development not only reflect volumes of water, but also a vision of how needs are addressed. 0 of the Western United States, which demands the most bene we see our future connected with our natural resources. The ficial use of water resources. state should have the right to control stream flow, whether

ing caucuses. It's being done to reform military procurement. asserting reserved water rights in wilderness areas. It should be done to attract attention to a vital domestic I appreciate the lead taken by the Water Congress in help issue - the preservation of States' water rights. ing to reverse the Kane decision. Not until the southeastern United States experiences The problem extends beyond Colorado. The problem is drought conditions - not until the Great Lakes rise to historic a national one, but its threat is especially grave in the public high levels that threaten lakefront properties - not until deep land states of the semi-arid West. We must get the word out water wells begin to thirst for rain - not until disaster beckons more effectively. Such sweeping claims by the federal gov at eastern doors, do the citizens of that part of the country ernment threaten to disrupt plans for Western states for pro and their representatives in Congress have much concern jects to develop water resources to meet local needs and about the source and control of the water they use. conditions for our citizens in accordance with state law and Most people in the east, and it seems most in Congress customs. and the rest of the federal government do not fully appreciate, I ask you again to help convince your colleagues in our understand, or quite frankly, much care about the life-blood . neighboring states of the serious nature of this issue. of western growth and development and the perils of which Between 1956 and 1966 there were some 50 bills intro we preach. duced in Congress, proposing to return the control of water As we all well know, more often than not, clear guidance rights to the state governments. These came to be called the is sparse in statutes and their legislative histories as to the "Barrett Bills," after Senator Frank A. Barrett, the original intent of Congress. As a result, many of these laws and author and a water attorney from Wyoming. others were not necessarily clear as to the exact intent of The original bi1l was called the "Water Rights Settlement Congress regarding water rights. Add to these less than pre Act of 1956 - a bill to recognize and confirm the authority Mike Strang, a Republican, is Colorado's 3rd District Con cise legislative actions, a series of judicial interpretations of arid and semi-arid states relating to the control, appropri gressman and is seeking re-election. of Congressional intent that began with a 1908 case of Win ation, use or distribution of water within their geographic ters v. The United States. The Supreme Court held that by boundaries. " appreciated the opportunity in February of 1985 in the creation of Indian Reservations, the federal government, The bill said basically that all water comes under the Northglenn when I discussed my water agenda in by implication, reserved the then-unapprQpriated water on adjudication of the state water courts, and the rights to use Washington before your group. Since that time my those lands in sufficient quantity to carry out the purposes the waters for beneficial purposes shall be acquired under I first year and a half in the Ninety-Ninth Congress has of the reservation and the people who live on it. State laws. Though subject to extensive and exhaustive hear clarified and confirmed to me the serious lack of understand That was the primary argument we used in the Animas-La ings in the House and Senate Interior Committees spanning ing of western water issues in this Congress. This fact is Plata negotiations that convinced the Administration to re ten years, none of these bills ever became law. Former Sen manifested most clearly in the confused public land manage examine the negotiation effort that led to a successful cost ator Gordon Allott of Colorado was one of those actively ment and water policies of the Federal Government and the sharing agreement. involved in that legislation. Gordon told me recently it is a inherent conflict with Colorado's and every other western The concept of "implied" federal reserved water rights shame in the light of Judge Kane's decision that the bills state's ability to adjudicate water rights. was expanded beyond the Indian context first in the so-called did not pass. He said, if Congress adopted the concepts I've begun work in several areas that many of you are "Pelton Dam Case" of 1955, and in Arizona v. California embodied in the Barrett bills, "then all the que tions would familiar with. I also intend to challenge the members of the in 1963. In these cases the court expressly applied the re be placed in a context where the United States. the individual Centennial Congress to resolve the dilemma that has de served rights doctrine to other non-Indian withdrawn and states and each citizen is placed equally before the law." veloped since the beginning of our Republic regarding proper reserved federal lands. The complex matrix of legislative I'm not at all certain that the Barrett bill could be pas ed land management, water rights and States' rights. To accom and judicial precedent, not to mention conflicting solicitor now anymore than they could in the fifties or sixties. I do plish this ambitious goal, I shall try to forge a "Western opinions by several administrations, have produced a murky know something must be done to bring some clarity to the Water Caucus" in the lOOth Congress. That's a major goal. definition of all water law issues. morass of acts of Congre and judgment of the Judiciary. Why organize a caucus? The most recent calamity from the courts came, as you My hope is that we'll be able to spearhead that discussion Traditionally, the most effective way to galvanize support know, last November when Judge Kane ruled in favor of in the formation of the Western Water Caucus during the and focus on complex issues in the Congress, is by organiz- the Sierra Club in its suit against the Forest Service for not Continued on page 10

Colorado Water Rights

The Gubernatorial Candidates

a ranch, a high mountain ranch. Also, I used to own some Next, let me then go to a very specific project such as farm land in Delores County near the Delores Project. I Two Forks. My view is, do we need additional storage in know agriculture, I know it well. I served as Commissioner the South Platte? I think there are some preliminary steps of Agriculture in the state. that need to be taken. One, we need to conserve in the most But I know it not only from that end, I know it from efficient way we can possibly conserve which is just good urban area water use. I was one of the original members of economics and it's good environmental policy. the Metropolitan Sewage Board. But also, I know it from For two or three years I have advocated metering in Den the financial end. Those of you who financed water projects, ver. I feel that was one of the steps that needs to be taken, most of which are tax exempt, know that there is a national not only to be economic, to be efficient, but to show good regulatory agency called The Municipal Securities Rulemak faith on the part of east slope users to west slope providers. ing Board, it's kind of the SEC for tax exempt financing. I First conversation. served on that"board as a public member for three years. Second, we need to do everything we can to maximize I happen to know financing as it relates to water. In my existing water supplies of the use of exchange agreements. work as State Treasurer, I obviously have done some innova There are some efficiencies that we can yet find in terms of tive things with financing. One new idea we had earned 40 exchanges and that is a part of the approach to providing million new dollars over a three year period of efficient cash water to Denver that is a preliminary to construction of management in which I borrowed $400 million on the east additional storage. So water for water conservation exchange coast, brought it back to Colorado, used it within the state agreements. cash management system, put a good portion of it on deposit However, having done that, we still need to have addi in banks throughout Colorado. So I come to you having had tional storage. And as you know, there's an EIS. After you Roy Romer, a Democrat, is Colorado State Treasurer and a some exposure to this question over my own life. conserve, after your exchange, we still need to build addi candidate for Governor. Lastly, studied water law under some people at CU that tional storage in South Platte. I'm for the '!\vo Forks project. many of you studied water law under. Let me then say that I think we need it. There's an EIS study underway. It will think it is important to start talking about water policy I know Colorado. I know it very well. I know how critical produce additional information that will help us size that with the terms frugal and moderate. I am frugal. In the water is. Now I presume the most authentic thing I can facility, help us decide the timing of it, help us decide what fact, maybe a little tight, I'm actually tight in the way say about that is I was raised in the dust bowl in the 30s in litigation needs to be provided and how we provide that. I I in which I handle public funds. Moderate? Yeah, I'm Holly, Colorado. And you never come through that experi do not have opinion in those areas because I want to have moderate. I'm a reasonable person, and I'm going to be ence without an appreciation, a real human appreciation, of those facts on the table before I arrive at that conclusion. very specific with you today in some areas and I'm going how critical, how critical it is that we seriously be stewards And so, if you in the question period want to push me on to say that these are not necessarily final positions because of our water, our land, our air. that, I'm very open about it. I think we need that additional there are ways in which we learn as we live. We learn Let me then jump into some very specific matters in terms storage. And I think the '!\vo Forks location is the Location because we get better information, we get better opinion. I of water. First, compacts. Obviously, as Governor, we'd give that dam ought to be. But the question of the size, the look forward , as Governor, to working with those of you in strong support to absolutely getting Colorado's entitlement question of the timjng, and the question of cost of litigation this room in terms of continually working on water policy under it's existing compacts. I think that it's obvious we're obviously are being addressed by that study and we all ought in regions of the state, and the state as a whole. I think under litigation with Kansas now, and we ought to be abso to take advantage of it. It's a very expensive study. I think moderation is a very important kind of characteristic. lutely as vigorous as we can possibly be in establishing our it's too expensive, but we have to take the value of the Let me tell you my background and experience as it relates rights in that particular suit and under that compact. information and the alternatives that it provides and make to water policy. First, I used to irrigate under the Amity In terms of the Colorado River Compact, obviously it the best judgement we can based upon that. Canal in Holly, Colorado. And that gives you one view of affects a whole lot of individual decisions, but as a general In terms of moving from the question of '!\vo Forks to the world when you used to farm and irrigate with water. policy we ought to do everything within our power to con what should be our position in reference to compensating I'm a rancher, I'm a farmer. I farmed dry land, I farmed tinue to keep our claim to water under those compacts and western slope, or the basin of origin, for water taken from irrigation, I farmed under a well. Not just in Holly, I have I think there are some things that we can do to do that. Continued on page 10

mistake about it, we have a plan. Where do we come down We cannot afford to have that happen in our State. One of in making a decision of what's going to take place? What the things that we must do is to utilize the best water minds are we going to do in Colorado? We're going to continue to that we have in the State of Colorado, and it is my plan, if grow. People will continue to move to our State to enjoy its I am indeed fortunate enough to be the next Governor of beauties. We will be able to either stagnate or to progress. this State, to bring those minds together to insure that the And that all depends on what we, as citizens, do with this plan of action occurs. I know of nobody in this State that natural resource called water. is not a conservationist. I know of no one in this State who There are some who claim that plan is a delay to retard is not an environmentalist. When we plan for action to im the development of water facilities in the State of Colorado. plement a water plan, the things that we have to bring to There are others who say that the plan should be to prevent gether are those differing and divergent viewpoints to a point the development of water projects. I suggest to you that where we move ahead with storage facilities, that have to what we need in this state is not a plan, because we have be adjusted on individual sites, that is not a plan that is that plan, but what we have a need for is a plan-of-action going to be imposed or superimposed on the entire State to implement the state plan that has been a part of our and every project. history. Not to delay. Not to destroy. But a plan to move The unique characteristics of our State are never more forward with developing the proper use of water in the State clear than when it comes to each one of the projects that of Colorado. you have discussed and have been discussed in the past E.I.S., Environmental Impact Statements to some can be history of this State, and will continue to be discussed into a plan to delay. As in two projects in our state, a three year the future. I want to utilize every resource available to us delay. A $35 million cost of whether or not we're going to - The Colorado Water Congress, those people who are con Ted Strickland, a Republican, is President of the Colorado move forward with those two projects. Now I suggest to servationists, and environmentalists, to sit together and work Senate and a candidate for Governor. you that a plan that delays, that a plan that destroys is going out a plan of implementation - a plan for action to insure to be detrimental to the State of Colorado and it's citizens. that water for our citizens remains in this State for our First, we must determine whether or not our inaction or citizens. here is no more serious matter in our state than our delay is going to impair the rest of the Colorado entitle One of the things that I want to pledge to you and everyone that of water. How many times have you heard ments to the compact to which we are a member. Planning in this State, is my support to Senator Armstrong in his that said? It's called the life-blood in Colorado. takes time. And if we set about to implement the State plan efforts towards the reserved rights of wilderness water. We T It's called the artery that pumps the blood of our that we have had for one hundred years, and begin the need to have those decisions made in the State of Colorado, future. Water is , indeed, our most precious natural resource. projects that are necessary to build a savings account, if you and I want to do everything that we can possibly do to insure And during political campaigns, particularly, we hear an will, of water, we will have embarked upon the implemen that this takes place. Make no mistake about it, we will awful lot of rhetoric about plans, what is it we're going to tation of a plan of action that is absolutely essential for this continue the battles over water. But let's insure that those do with that life-blood, what is our future going to be? How State. We cannot afford a plan that delays, we cannot afford battles have a conclusion - that they're never carried on in do we conserve? How do we preserve? What is it that we a plan that destroys. The bottom line of all of that really perpetuity. That this part of the plan tbat is to delay, and by are going to do for the well-being of the people of the State means whether or not the argument that the unresolved issue delay to prevent, never occurs in this State. That we have of Colorado when it comes to water. And in most of that of compensatory storage is something that can be achieved. as a part of that action, the environmental preservation neces rhetoric, repeatedly there's a reference to a water plan, or a Statutes give the right of Counties to have compensatory sary for all of us. That also includes those facilities that State plan, or a plan for the future. storage for water. The Constitution exempts homerule provide for the water needs of the people in this State, and Those of you in this room know, most of you better than municipalities from that provision. What we must have are that means agricultural, industrial, and municipal consump I, that we have a State water plan that is embodied in the reasonable people who are committed to a plan of action, tion. Those plans are available to us, but we first must have Constitution ofthi State and in one hundred year of statute. who represent both of those viewpoints, both the Counties the commitment to move forward. We can no longer delay We have a plan. Now the policy for the implementation of and the Homerule cities that have that exemption, sitting - we can never accept "destroy" - we have to set about that plan has dragged on and been battered about for more down together to make sure that we do more forward. providing the water needs for the people of this state. I want than the one century that we have been a State. Make no To stagnate, to delay, to destroy really is only to destroy. that to happen. 0

Colorado Water Rights \ The Attorney General Candidates

than just the lawyer for state government - he should be an representative. advocate and a lawyer for the people of Colorado. Let me Turning specifically to what a people's lawyer can do in give you a few examples: terms of water i sue , consider the oil hale claims litigation How often do people who live outside Denver ever see that has just been in the press so much lately. You will recall an elected state officer, much less get the chance to talk to that, after the federal district court ruled in favor of the one. I plan to change that. We will take the Attorney General's claimants the Secretary of the Interior made an agreement office into every county of Colorado and hold office hours with the claimants. Under that agreement the people of Col with the people at least once a year. This has not been done orado stand to 10 e hunting rights (necessary to tourism and before - at least not in modem times. As we all know, the recreation), grazing rights , royalties under the Mineral Leas Department of Law is headquartered in the State Services ing Act, and water rights. The most annoying part of it all Building in Denver. It is really not necessary for the A.G. is that we , Colorado's Citizens, didn't even have a presence to be anchored behind a desk since the invention of long in the case. Our Attorney General should have taken action distance telephone calling. I think we will have a more to represent and pre erve the public interest. That didn't viable government when we have a more visible government. happen. Now that the horse is out of the barn, we understand I am sure the citizens of this state will respond to the chance that the Department of Law is finally doing something. Too to sit down across a desk from their Attorney General and little - too late . That's the kind of case that the people's discuss their concerns with the state's top lawyer. lawyers ought to be in - with both feet. To make this idea of access to the A.G. even more mean Trite statements about keeping our water for Coloradans ingful - and this will take a little longer to get set up - we are not my style. We are all "for water. " The best way a will establish a network of Attorney General's representatives citizen can evaluate the way a candidate will perform in Tom Bastien, a Democrat, is a Denver attorney and is a throughout the state. They will be available to the other office is to look at the candidate's past performance. I have candidate for Attorney Gen'eral. people in the community to receive questions and complaints no hesitation in telling Colorado voters to take a look at my and send them on to the office in Denver. The people who record in the Colorado House of Representatives (where I am attempting to bring a new concept to the office of do this job don't have to be lawyers; they don't even have served two years on the Natural Resources Committe,e, since Attorney General. This is the major issue in the contest to be paid. There is not a community in Colorado that doesn't merged into Agriculture) and on the Board of Directors of for the A.G. 's office this fall. The theme of my cam survive because of the work of volunteers. That is the kind the Regional Transportation District. 0 I paign is that the Attorney General should be more 0f person I would be looking for as my local community court agreed that the purposes of the reservation were historic court of Appeals for a stay of that portion of the order which and scientific, and that minimum stream flows are not neces required the forest service to submit a "plan." The Court of S.llY to fulfill those purposes. Although the United States Appeals granted the motion to stay and asked all parties for filed a notice of appeal with the Colorado Supreme Court, briefs on the issue of the finality of the lower courts decision prior to briefing it withdrew its appeal. Several environmen and order and on the Court of Appeal 's jurisdiction. tal groups moved to intervene and substitute themselves for Shortly after taking office in 1983 , I made an effort to better the United States in the appeal but the State successfully inform myself of the barriers confronting the development and resisted their motions. allocation of water resources in southwest Colorado. I soon In the National Forest instream flow case, United States v. realized that there was a need for the state to take a more Jessee, the District Court for Water Division No.2 on August active role in identifying new sources of funding necessary to 19, 1985 granted the state's motion for partial summary judg construct the Animas-La Plata Project as well as moving to ment, d~nyiog reserved instream flow claims for national forest conclude a just and equitable settlement of the Indian Reserved lands. The motion was granted on all grounds urged by the Rights water claims on the rivers and streams of the San Juan state: (1) that the Colorado Supreme Court's decision in United basin. To that end tribal council representatives and non-Indian States v. Denver rejected reserved rights for instream flows water user groups from Colorado and New Mexico joined under the National Forest Organic Act of 1897 as a matter of together in seeking answers to their joint water development law; (2) that there are no reserved water rights under the problems. On June 30, 1986, the State, numerous water user Multiple-Use sustained Yield Act of 1960; and (3) that the . groups, the Ute Indian tribes and the Interior Department United States is collaterally estopped to assert instream flows reached an "agreement in principle" concerning the quantifica under the Organic Act by the proceedi~gs in division 4, 5, tion and settlement of the reserved water rights clajrns of the Duane Woodard, a Republican, is Colorado's Attorney Gen and 6, which culminated in the Denver decision. This decision Tribes and providing for the cooperative ac;lministration of these eral and is seek\ng re-election. is now on appeal before the Colorado Supreme Court. rights. Similarly, they and certain political subdivisions of the . In 1983, United States v. Orlyn BeU the government attemp states of Colorado and New Mexico reached agreement for s Colorado's State Attorney General it is my re ted to amend its application, which had lain dormant for 12 the cost-sharing and financing of the Animas-La Plata Project sponsibility to execute this state's legal policy. years, for reserved water rights for development of the Naval (A-LP Project) , which is an integral part of the water rights And the record will reflect the importance I have Oi~ Shale Reserves in western Colorado. The original applica settlement. A attached to protecting and fostering the develop tion claimed only water "in or on" the reserves, and the United These preliminary agreements are the culmination of good ment of Colorado's water resources. States sought, through its amendment, to claim water from faith efforts between Indians and non-Indians to settle the Perhaps the logical starting point for this report would be the mainstem of the Colorado River, which does not touch the reserved right claims filed in 1976 on \!irtually all of the rivers the Animas-La Plata federal court case in which taxpayers reserves. Had .the amendment been allowed, it would have in southwestern Colorado for the benefit of the Ute Indian for Animas-La Plata Referendum, which opposes construc meant an increase from a possible 11,000 acre-feet per year tribes. The negotiations between the State of Colorado and the tion of the Animas-La Plata Project, filed a lawsuit against available to the United States up to 49,000 af/year taken by United States Department of the Interior, if successful, will the Animas-La Plata Water Conservancy District. The suit the United States from the Colorado mainstem. achieve a final and comprehensive settlement of the reserved challenged the creation of the Conservancy District by attack The state, joined by numerous water users, successfully rights claims of the Tribes, and provide for construction of the ing the constitutionality of Colorado's Water Conservancy opposed the United States in water court, establishing that the A-LP Project which also helps assure Colorado the use of the Act. The State intervened to defend the Act and the District. U.S. could not amend its application to name a new source Colorado River System allocated to her by the Colorado River The District and the State - working together with support of water and still receive a right with an early priority date. Compact and the Upper Colorado River Basin Compact. from the Ute Mountain Ute and Southern Ute tribes and The United States appealed, and the State has continued its A final case that should be brought to your attention is Northern Colorado Water Conservancy District as amici opposition before the Colorado Supreme Court. The Court the latest round of Kansas v. Colorado. Last December curiae - prevailed in both the federal district court and the heard oral argument in early 1986, and we are awaiting a Kansas brought an action against Colorado in the U.S. Su 10th Circuit Court of Appeals. Had the Plaintiffs prevailed decision. Should the Court support the State's position, the preme Court alleging violations of the Arkansas River Com in their claims for relief, the necessary means in order to United States will not be prevented from receiving any reserved pact. The alleged violations center around well development raise revenues for planning management and development water rights for the Oil Shale Reserves, but they will be limited in Colorado, the Pueblo winter storage program, and the of Colorado's water resources would have been lost. in quantity, and the. impact on other Colorado River water operation of Trinidad Reservoir. This action undoubtedly has Protection of Colorado's water rights system from federal users will be moderated. a long life ahead of it. Because of the importance of these reserved rights claims as well as an expansive federal appli On November 25, 1985, the Federal District Court ruled in issues to the economy of the Arkansas River Basin , the cation of water quality programs has been given a high Sierra Club v. Block that forest service wilderness designations Office of the Attorney General has taken a leadership role priority by the Office of Attorney General in order that such made pursuant to the 1964 Wilderness act, implicitly created in the case in close consultation with water user groups of actions not be allowed to either undermine this state's water a reservation of water in national forests for wilderness pur southeast Colorado. rights system nor adversely impact our future ability to poses, but that the U.S. Forest Service's failure to assert these "Here is a land,' Colorado's poet laureate, Thomas develop Colorado's compact entitlements. For example, in implied reserved water right claims in State water courts was Hornsby Ferrill once said, "where life is written in water. " the Dinosaur National Monument c·ase, the State and numer not arbitrary or capricious or otherwise in violation of the It is still true today that water is the common denominator ous other water users successfully resisted claims filed by Administrative Procedures Act. The District Court also ordered in the future of all parts of the tate and the record reflects the United States for reserved rights to instream flows in the U.S . Forest Service to submit a plan illustrating how it the Attorney General 's understanding of the importance of the Yampa River running through Dinosaur National Monu intended to protect wilderness water resources in the future. this valuable resource. 0 ment. On March 14 , 1985, the court in Water Division No. The State, U.S . Forest Service, and other numerous water 6 granted the State's motion for summary judgment. The user groups appealed this decision and asked the Tenth Circuit

Colorado Water Rights Romer • • • • • • • • • • • • • • • • • • • •

Continued from page 8 and regional damage to economics. because it gave a character of what that whole Vail Valley that basin - it s a question of equity in trans-basin diversion . That "least-cost method" is an important word to me was to be . We sa'id to the world, we're going to build, we're I have felt that as we use water on the eastern slope, and because I happen to be one who deals with the free-market going to grow with beauty, with style, with grace, with as we take it from the western slope, we have to give absolute system. 1 am a businessman in six locations in this state quality, with excellence. It's absolutely good economics. focus consideration to the environmental damage and how and I happen to know that water in ColoradO is primarily a And it's good for the kind of values we all share. we can mitigate it, and to the economic loss to the western commodity, a product, a service that the free-market system Now, let me take that illustration and go back to water slope from the loss of that resource. controls. It has modifications, but basically it's free-market policy. Those of us who are concerned about developing I think it's that the water we have in Colorado needs to operation, and therefore when we look at water policy, water water and making it available for commercial-industrial-res be wisely shared. But we need to work out some ground projects, we really do have to say, what is it that can be idential use have got to think about what is in our long range rules. We need to negotiate a fair and equitable policy so done economically? What is the least-cost approach both self-interest and it is very easy for us to not understand that that when we take a resource permanently from the western environmentally and in terms of dollars. critical asset we have in Colorado, which is the beauty of slope that we ask the question, what is the loss to that area , Let me go back to Two Forks. I obviously believe we our land, our water, and our air. Therefore, when we get now and in the future. How can we be fair and equitable need more storage in the South Platte, but we've got to find involved in a necessary project such as Two Forks we need about it? That used to be couched in the terms of compensat a way to provide that storage in which we don't price out to think absolutely seriously about the damage that we're ory storage. I think that's not the only way it ought to be growth in the Denver metropolitan area. There are ways in doing to the environment - not just where that dam and that couched because storage, per se doesn't help you if you which we can build and store water in South Platte and it lake is located, but where that water comes from that fills don't have a way to use it. It ought to be couched in terms becomes so expensive that the water tap fee is at such a that dam and that lake. That is an issue that often get neg of the economic benefit that ought to be yours, and how it price that we simply cannot provide low cost housing to lected. Quite often we come to the table and say, okay, we're ought to be provided for you. Who ought to pay for it? How new families who are trying to take what meager income going to build this project, what does it cost? And we calcu it ought to be formulated and priced. they have and make it stretch ..Therefore, as we look at water late all the costs, and then we say, "oh, by the way, we got I personally believe that there is a special need, a special policy we obviously have got to focus constantly on how to mitigate something, now let's throw that in." We've got need in taking care of the western slope's economic interest we pay for it. to get our mind set that where we put that mitigation is right when we divert water from the western slope to the eastern That's not the only consideration, just in terms of dollar up front, and the first evaluation of any water project includes slope. And addressing that need, as I say, may take the form cost. There's also the cost environmentally. I'd like to close that cost of mitigation. We ought not do that to ourselves. of an earmarked sum of money annually and indefinitely, a my formal remarks on this point. One of the greatest assets It's dumb, it's stupid to do that to ourselves. And so I wnat payment in lieu of compensatory storage mitigation, in lieu we have in this state is its beauty. I fly my own plane. As to close by saying that there is an awful lot of thoughtfulness of 1041 action or foregone economic growth opportunity to I fly over Colorado and 1 look down on it, I think how long that we need to do together to find a way that we take care be expended for water-related activities. There are problems, have we been here? The Indians were here a long while, of a critical need, but we do so wisely and preserve the however, with that approach and that is that the annual but we, this current crop of us who organized what we call beauty of this state. It applies not just to water, it applies stipend would come disproportionately from urbanized Col a "modern society" have been here, what, 150-200 years? to land. And even though that is not particularly on your orado, which has paid it's own way on water, and there is And it's important to look down upon our land, our water, agenda let me make one quick plea to you to think about no single western slope entity which exists in which the our air, and say, how are we handling it? How have we used these stewards of both water, land and air. And that there entire region is willing to entrust those funds to. But 1 say it the 200 years that we've been here? Because it's my guess are areas in this state that are now open that will soon be that to you as a matter of principle. 1 feel that there is a that somebody is going to look down on it 500 years from closed. Now I mention the Greenland Ranch, halfway be compensation in terms of trans-basin diversion of water that now, and 1,000 years from now, and they're going to see a tween Colorado Springs and Denver, five miles of interstate ought to be negotiated out. How it's done, the entites in scene which we're a part of creating and I'm very, very going through one of the primitive ranches on the front volved, the amount of that compensation and who pays for concerned about how wise we're going to be in stewards of range. We still can remember what it was like when the it I'm open about and I'm willing to work with all of you our most basic resources, our land, our water, and our air. Indians were there, it's only 200 years or so since that in the room to work that problem out. There are ways in which we can screw this state up and happened. But who's going to remember 500 years from Let me pick up a couple of other issues before we close. those of us in this room, and others who are going to be now if we have wall-to-wall growth from Denver to Colorado The question arises about the potential cooperation between responsible for writing, for creating, for executing policy Springs? You see, the free-market system does not provide municipalities and rural areas. I believe that as we look at that maintains that appropriate balance between economic us a mechanism to preserve some of those qualities that we water policy in Colorado historically it was always - how vitality and a beautiful state. We have got to think passion so value. Together we need to find a way to make that system do we build a dam and store water. There are obviously ately and carefully about how we preserve the beauty of this work and also preserve that valley, and we can do it. So more tools available to us now than there ever were before state. And therefore, as an economist by trade I want to talk therefore, I would suggest to you that I wanted you to know and we need to pay a lot of attention to what new alternatives to you about the beauty of the western slope. I'll use Vail what some of my attitudes and approaches were. 1 want you may be available. The relationship of municipalities and Pass again as the illustratiOtl. I think I 'did this for you a to know some of my specific positions at this point in time. agriculture users is absolutely one of those areas which gives year ago. We knew we had to connect east and west in this I also want you to know that none of this is frozen in ice. us some opportunity to maximize the use to both in terms state and so we put an 1-70 highway through it, and we had When somebody comes to me with a better mouse trap, of the lease of water in a dry year, or of the lease of water to come over Vail Pass. Any time you put a road over a with a better idea, a better balance, I'm open to it because and the reuse and return to an agricultural area. I think all mountain pass you compromise the environment, we know anyone in this business of arriving at statewide policy has of those are areas that are fruitful for us to explore. It's that. We struck a' balance in that compromise in which we got to admit right up front that he does not have a total view going to push our imagination and our discipline to find a built a beautiful, graceful, well designed structure and we of the truth, and when you don't have a total view of the way, over a period of time, in which we can take a precious built it in a way where we saved some 60 foot trees in-be truth you damned well better listen hard to those who disag resource, water, and find the least costly method of using tween spans of bridges. Now it cost a little more to do that, ree with you. 0 it, in terms of dollars and in terms of environmental damage but I absolutely felt that cost was worth it. It was worth it

Wirth • • • • • • • • \ source can be developed economically and safely, but would Continued from page 4 • • • provide jobs and markets for water. Strang • • Within this context of change 1 see a number of major I understand the possibility of long-term leases of water Continued from page 5 challenges before us. is an alternative that is being examined by some cities, to 100th Congress. I invite and welcome your participation. First, in Colorado we must build a consensus on how our meet their demands for new water sources. This would pro The whole issue of public land management, wilderness water resources should be developed. It will come as no vide money for new water storage projects while at the same and water use must undergo continuous scrutiny. With your surprise to the people in this room that the lower basin states time meeting municipal water requirements. support I have insisted that before we designate any addi cast covetous eyes on our undeveloped water. The work we And we must redouble our efforts to recruit new businesses tional wilderness areas in Colorado, which already has 2.6 have already done will help to secure our water for Colorado. to the western slope. million acres of wilderness, we must first resolve, indeed But much more remains to be done. In sum, our overriding goal must be economic develop reserve, the reserved water right decision thrust upon us by One strategy could be to first build large new reservoirs ment in Colorado. As we grow, we must plan for meeting the Sierra Club and Judge Kane. to store water and then to worry later about how we use it. the increased water demands that will naturally follow. There are inherent dilemmas in current land use manage The evaporative losses from these new reservoirs would be Second, our challenge is to provide for interbasin equity ment patterns coming out of the Congress. The catch-all charged to our entitlement under the Colorado River In as the state's economy expands and as water demand grows. definition of wilderness does not respond well in many cases terstate Compacts. The people of Colorado would have to While diversions from the Poudre River Basin appear to be to the challenges of proper land stewardship, We have obli pay for these reservoirs , and the costs would be considerable. a feasible solution to Thornton's search for new water gations to water, to wildlife, to fisheries, archaeology, min And the law would still require us to continue releasing supplies, this development will not come without costs. ing, forestry and recreation which. are not necessarily met water for downstream uses until we had a use for it in Some farmers who are selling their water rights to Thornton by locking up resource opportunities in designated wilder Colorado. are leaving agriculture altogether, and this will have a ripple ness areas. I believe there is a better strategy. We must redouble our effect on the economy of northeastern Colorado. Others fear We have a unique situation in Colorado where our State efforts to stimulate economic growth, on both the front range that Thornton's diversions will limit the ability of rural parts gives rise to the headwaters of four major river systems, and on the western slope. Under this strategy, we can make of our state to grow and expand. with downstream commitments enforced by interstate and sure that water is available to meet new demands and to Many of the same concerns are being expressed by the international compacts. As a result, Colorado simply is not fuel economic development. And if we take care to develop citizens of Gunnison and other communities that have close in a position to compromise on sovreignty over water rights. our economy in parallel' with water resource development, ties to the Gunnison River. And the Colorado Ri ver Water At this point I do not know the outcome of this quest. I) there will be no question that lower basin states must look Conservation District has been a leader in reminding us that know we must try to resolve the matter. God was good to elsewhere for water to satsify their thirst. water diverted from the western slope is not available to the West. He gave it an unparalJeled natural beauty, abundant We have already begun to identify ways in which Col fuel their economy. and varied natural resources and vast acres of productive orado's water can be put to use in Colorado. For example, There are no easy answers to these concerns. But there soil to help feed our nation and the world. However, He ski areas are increasingly turning to snowmaking, and this are some basic principles that should apply. First and failed to give us enough water to develop and enjoy these provides another market for our water. foremost, is that the western slope must be fairly compen gifts. He probably did this to test our resolve in using His We should establish a center for oil shale research and sated for diversions of water from the western slope. The gifts wisely. That is our dilemma, and that is our challenge development on the western slope. This center would not future ability of the western slope to develop must be pro for the 100th Congress. 0 only help us answer the questions about how this energy Continued on page 11 Wirth • • • • • • • • • • Continued (rampage 10 wild and scenic river. Thi will be Colorado' fir t uch If there are conflict ,Congre has demonstrated in the tected. de ignation, an accomplishment that came about only after pa t it willingness to work out ite- pecific solutions to We do have some model for dealing with interbasin the Northern District and conservationist at down together protect exi ting right. The bill that I introduced in 1985 equity. Perhaps the best one is the Windy Gap agreement and hammered out an agreement that each could endor e. I was drafted carefully 0 that it did not jeopardize the Denver that the River District and Grand County worked out with don't suggest that the process wa easy. But the negotiators Water Board's rights along the Williams Fork. In creating the Northern Colorado Water Conservancy District. This stuck to it, and their bill is wee'ping through Congres the La Garita Wilderne s Area, Congres expressly stated agreement provided the western lope with the resource - virtually without controversy. Again , the winner will be the in report language that wilderne de ignation hould not over $10 million - to build a com pen atory storage project, people of Colorado. interfere with operation and maintenance of diver ion struc but also permitted the Northern District to proceed with its I believe in applying the ame approach of conciliation tures within the wilderne area. And in a 1978 statute e tab transmountain diversions. This was a case in which all of and compromise to the reserved rights controversy. Judge lishing the Hunter-Fryingpan Wilderne Area, Congres the partie came out winners. Kane's decision in Sierra Club v. Block ha precipitated one took great care to make sure that thi designation would not Third, recreation and tourism is good economic policy. of the most contentious disputes over water rights that we interfere with con truction of the Fryingpan-Arkan a pro As we develop the state's water resources, we come face-to have seen in many years. But unfortunately, this is a dispute ject. face with mitigating the environmental impacts of develop where rhetoric has outstripped reality. The bottom line, a I see it, is that the existing and pro ment, and recognizing the importance of instream values. In my opinion, this debate should not be over whether posed wilderne areas po e few conflict with state water Protecting our streams and rivers is good environmental we protect streams and rivers in high elevation wilderness rights. Where conflicts exist we should devise site-specific policy. They are part of our natural heritage, a part of what areas. The biggest question is how we provide that protection. solutions to protect existing right. Under these cir makes us so proud to call Colorado our home. Judge Kane's decision itself emphasized that while wilder cumstances, we should be able to find a compromi e that But protecting fisheries and instream flows for water-based ness reserved rights exist, they are not necessarily the only permits us to move forward. recreation is also very good economic policy for the State way to protect wilderness water resources. Judge Kane's A continued talemate would impo e very real co t on of Colorado. As the Grand Junction Daily Sentinel pointed decision permits us, even encourages us, to find our own Colorado. Until Congre acts, wilderness planning areas out in an editorial just a few days ago, recreation and tourism solution to this problem. are in a sort of never-never land, where the Forest Service is now the state's second largest industry, and it is one of I see this dispute as eminently resolvable. On the first doe not know whether it can manage the land for multiple the healthiest. Sportsmen spend more than $1 billion annu day of the 99th Congress, back in 1985, I approached the use. 1n other ca es, the pos ibility of wilderness legislation ally to hunt and fish in Colorado; other tourists, including new Congressman from the western slope and offered to has made planning much more difficult. And until we resolve skiers, put the total at $4.4 billion. This is important to our work with him on wilderness legislation. That was before this i sue, all of the parties must continue to inve t time state, and is absolutely vital for the economic diversity of the Sierra Club decision had been released - a time when and money in litigation. the western slope, where agriculture and mining have fallen we could have anticipated the debate that was to follow, and One thing is clear. It is time for the water development upon hard times. To preserve and expand the recreation headed it off. community and the conservationists to sit down at the bar industry, federal , state and local governments must work I repeated the offer, this time to all of the litigating parties, gaining table to resolve this dispute. My conviction is together to minimize the adverse environmental impacts of in an op-ed piece published in the Rocky Mountain News strengthened by the fact that in the past few months a number water resource development. At the same time, we must the week after Judge Kane's decision was released. On May of creative new proposals have been raised for resolving this encourage policies that will protect instream flows that are 9, Senator Hart and I wrote to the rest of the Colorado issue. essential to a healthy, water-based recreation industry. Congressional delegation, urging them to join us in an effort From the statements I've heard at wilderness hearings, Colorado can justly take pride in the fact that it was a to find a solution to this controversy. And I supported Senator and from my conversations wit~ many people in this room, pioneer, among western states, in establishing a state pro Hart's recent initiative to establish a nonpartisan task force I believe that the framework for a solution already exists. gram for protecting instream flows. Today, thirteen years that would be charged with forging a workable settlement. It has been suggested that wilderness legislation hould after that program was established, instream flows have been The response to some of these offers has been utter silence. explicitly deal with the question of reserved rights, rather established on over 6,500 miles of streams. In other cases, the response has been that a precondition to than leaving the matter to implication. I agree. Others have And fourth, I see one final challenge - to seek out and negotiation is an agreement to legislatively overturn Judge suggested that we must reaffirm that federal water rights promote innovative ways of meeting new demands for water. Kane's decision. I am deeply concerned that such an uncom must be adjudicated in state court. I agree on that point as On this front as well, Colorado has been a leader, and we promising approach will doom us to a continued stalemate. well. I also agree that any federal water rights created must continue to be a leader. Let's look first at the suggestion that the only way to explicitly in new legislation should have a priority date of I was gratified to read in the Denver Post a few days ago resolve this issue is to overturn Judge Kane's decision. As 1986, or whenever the legislation becomes law. And when that the Denver Water Board has made a strong commitment Congressman Strang himself observed in a recent speech to the water development community and the conservationists to conservation - through its program for better management the Heritage Foundation, since 1956 more than fifty bills sit down at the bargaining table, they must also be prepared of park land irrigation; through its expanded leak detection have been introduced in Congress to modify qr clarify, in to discuss what priority date should attach for existing wil programs; and perhaps most significant, through its decision one way or another, the doctrine of reserved water rights. derness areas. to install water meters on 90,000 residences that do not have None of these bills - not one - has become law, and it is Finally, both conservationists and members of the water meters today. These are sensible and important ways of en unrealistic to expect that this trend is going to change anytime development community have suggested that we devise a couraging Coloradans to conserve our precious water re soon. Congress has never been willing to repudiate the re system that gives the Forest Service and the Colorado Water sources. served rights doctrine, which applies not only to national Conservation Board the opportunity to make ajoint state-fed We should not hesitate to search for other alternatives that forests but also to Indian reservations and military reserva eral filings under state law. If that did not work, the Forest will stretch the water supplies that we already have. Ex tions. I think there is still a consensus in Congress that such Service then could still file independently in water court. I changes between farmers and municipalities, water reuse, rights deserve protection, and I see no evidence that the think we should pursue this idea. and carefully monitored use of nontributary ground water small Congressional delegations from the West can change These proposals represent a sensible framework for pro are just some of the ideas that deserve our attention. These that. tecting wilderness water resources within the state's priority kinds of innovative measures will be crucial if we are to This certainly does not mean, however, that a resolution system. I recognize that some details remain to be worked continue to have a strong, yet flexible water policy for Col of the wilderness water rights issue must continue to elude out. And I ceuainly don't mean to suggest that other innova orado. us. As I've observed the debates over this issue, I've con tive solutions should not be examined. But first and Now that I've identified what I see as our challenges in cluded that some of the water community's concerns can be foremost, the water development community and the conser making sure that Colorado's water policy continues to be easily allayed. vation community should at least accept Senator Hart's sug an engine of both economic development and environmental For example, many of you have objected to addition of gestion to set up a nonpartisan task force to find a solution protection, I want to share with you my prescription for new wilderness areas in Colorado until the water rights issue to this controversy. If you feel you cannot do that until after meeting these challenges. is resolved. I assure you that no final action will be taken the election, then I propose that we at Least have some The single most important thing we must do is to create on Colorado wilderness until we have found a workable informal discussions, and then plan to meet in the first weeks a climate in which all Coloradans can work cooperatively solution to the reserved rights question. Although I intro after the election. in planning Colorado's water future. East slope, west slope, duced a wilderness bill in the early days of the 99th Congress, Colorado will be the loser if we do not commit ourselves urbanites, farmers, and conservationists must work to build almost a year before Judge Kane's final ruling, I have re to finding a solution. Flaming the fires by suggesting that a partnership that provides certainty for the water develop peatedly said that I do not intend to move that legislation reserved water rights associated with high elevation areas ment 'community, economic opportunity for every part of out of Committee until we find a solution to the water rights somehow threaten to deprive Colorado of its water entitle the state, and environmental protection. controversy, and my position has not changed. ment should be labeled for what it is - wholly without basis. A perfect example of what we can do together as a team Others among you have said that your greatest concern We should choose the high road and work together to developed from the controversy over the Foothills treatment . is that Judge Kane's decision may set a precedent for reserved build Colorado's future. There is far more to unite Coloradans plant. When Foothills was in the final planning stages, six water rights on BLM lands, where there may be far more than separate us. We should never be afraid to negotiate, no different federal agencies, the Denver Water Board, and water resource conflicts than exist at high elevation wilder matter how strong our convictions. environmentalists had battled each other to a standstill over ness areas. That is certainly a legitimate concern. But there Water truly is our lifeblood. We must husband it against a number of issues. I was asked to bring the parties together are currently no BLM wilderness areas in Colorado, and I times of scarcity. We must take care in using it , so that our in an effort to work out a compromise. am absolutely convinced that there will be no low-elevation forests and trout streams are not damaged. We must be flex When we started the negotiation process, many of the key BLM wilderness until we decide how to address the whole ible in its use, acknowledging the growing value to our players had stopped talking to each other and were resolved question of water rights to the satisfaction of both the water state's economy of hunting, fishing, boating and tourism. to long and expensive litigation. "See you in court" was the community and conservationists. John F. Kennedy once said that "We are a great and strong rallying cry. Nevertheless, we pulled everyone to the bargain This means we can set aside the question of low-elevation country - perhaps the greatest and trongest in the history ing table. We worked, and worked hard, to find a solution BLM lands and deal only with the proposals for wilderness of the world. But greatne sand trength are not our natural that addressed everyone's concerns. Finally, we were able high in the Rockies. And at least in the case of these areas, rights. They are not gifts which are automatically ours to reach an agreement that settled the lawsuits and provided the problem of water resources is much simpler. An exhaus forever. It took toil and courage and determination to build a new source of water for Denver. We overcame what many tive analysis prepared by the State Engineer and the Director this country - and it will take those same qualities if we are believed to be an insurmountable hurdle, and came up with ofthe Department of Natural Resources concluded that "there to maintain it. For, although a country may stand still, history a blueprint for cooperation, not confrontation. The winner is little actual or potential conflict" between water rights never stand still. was the people of Colorado. holders and reserved water rights on existing and proposed 1t is through partnership that we built our great nation. The key is working together, and we have other models wilderness areas, mo t of which are headwaters areas, with And in the face of the difficult challenges of the 1980's and to guide us as well. This year, legislation will be enacted the exception of the wilderness area upstream of Black Can beyond, we will need new and better partnerships to keep in Congress to designate the Cache La Poudre River as a yon of the Gunnison. it that way. 0

Colorado Water Rights !I!I ....------~~~~~~~~~~~~~ ------Miskel: It Takes Agreement

Continued from page 3 constructed in the early '60s, finished in 1966, and the there. Blocking something is easiest. Getting a wilderness developer into the comer, because of delay. Unfortunately, project has been in full operation since. bill is toughest of all ." And Warren Hem wraps it up by our federal and state regulation are conducive to this strat In 1979 and 1980, Congress was deliberating over pro saying, "I expect we'll be fighting them into the next century. egy. Mitigation agreements must be reached objectively and posed wilderness in Colorado. One of those areas that was We'll use every legal means to prevent the project." Natur mitigation must be based on reason and merit, and not on recommended and was being strongly supported by various ally, this attitude, coupled with the environmentalists de who ha the bargaining power. environmental groups, was the Holy Cros wilderness. monstrated fickleness of position and agreement, has caused One of the biggest flaws in the process that must be Homestake Phase II is right smack-dab in the middle of the project developers to be a little less willing to commit money corrected is the cumulative effect of the successive levels Holy Cross wilderness. Well, we naturally lobbied our con for extra levels of study for mitigation. of regulatory actions that must be completed. In developing gressional delegation, there was a lot of debate and negoti It appears as though the competition between environmen a project, there is a succession of balances that the proponent ation. There were a lot of concessions and compromises tal water needs and economic water needs will go on and must reach. First, there are the federal balances. And even made. The Cities of Aurora and Colorado Springs agreed to on . I don't sense that the environmentalists will give up the these can be uccessive as you work your way through the change the complete development plan to a tot?1 under fight anytime soon. And growth is not going to stop. The U.S. Forest Service, U.S. Fish and Wildlife Service, the ground system, along with other restrictions, in an effort to decision to preserve some of our environment in a natural Environmental Protection Agency and the Army Corps of make sure that the impacts to the environment would be state will not stop the demand for natural resources; it merely Engineers. Then we come to the State and County balancing minimal or nonexistent - so that the two, the water project shifts the demand to another area. And this is also consistent acts. And during all these processes, or immediately follow arid the wilderness, could co-exist. That agreement was with environmentalists perceptions. Warren Hem says, "Col ing, are balancing efforts with variou environmental or struck with the environmental interests and the Colorado orado Springs and Aurora are free to pursue those insane competing special interest groups. Wilderness Act was passed in 1980. It contained specific growth objectives, but not at cost to the Colorado wilderness. This latter balancing process is often called mitigation. language exempting our project and allowing us to go build Conversion of agricultural water to domestic use, along with The problem is that we seem to have a concept in our law it in the wilderness. good conservation measures, would satisfy their wants." So that says that each regulator can be more restrictive than the Immediately after passage of the Act, in 1981, we initiated it's okay to sacrifice an agricultural riparian ecosystem, one prior, so long as he doesn't usurp what has already been the permitting for Phase II of the project. Since that time, called a cornfield, and the economy that goes with it. And authorized. So this succession of balances leads to a cumu we've encountered continuous opposition to the project from it's okay to sacrifice the trees and shrubs, flowers and blueg lative imbalance to the developer. various environmental organizations. No. closure! They've rass in our urban areas (which a large number of people, Finally, we must somehow marry the opposing interests. used the federal permitting processes to stop us: they've by the way, regard as a very integral part of a quality ' of We must conduct a ceremony, if you will, or a process in used the State and County processes; and now they've in life), in order to preserve a wilderness experience enjoyed which all parties speak now or forever hold their peace. We itiated litigation against the project in both the state water by a very small percent of our population! must have closure of agreement - estoppel. court and in the federal district court. The litigation is still As I said .at the outset, what it really comes down to is Let me again use this little-known project, Homestake pending. These actions are consistent with their a matter of perception. The obvious and extreme polarity Phase II, to illustrate. Homestake has been around for philosophies. between developers and environmentalists makes reaching awhile. The rights-of-way for that project were granted in Let me again quote from David Brower: "Conservationists balance very, very difficult, if not impossible. I don't know 1956. The water rights were decreed in 1962, about the time have to win again and again and again. The enemy only has if the two sides will ever share the same perceptions. We'll the town of Vail was started. Phase I of the project was to win once. If the dam is not built, the dam site is still just have to keep trying. We owe that much to ourselves! D

Kramer • • • • • • • • • • • • • • • • • • • • • Continued from page 4 our water. The Kane decision is only the latest, though looking very closely at the options for size and location of to a reasonable degree. The recommended minimum stream possibly the most severe in that erosion. Although I sym the project, and we stand ready to work with all interested flows would come from the Colorado State Engineer, the pathize with the need for minimum stream flows, I have persons and parties to come up with the best solution. Two Colorado Division of Wildlife, and other affected agencies. serious questions about the impact that these regulations Forks is another important step for us to keep Colorado Any claims by the Secretary for minimum instream flows may have on upstream users and on our ability to build more water in Colorado, not in California, not anywhere else. would have to be adjudicated, and assigned a priority. In storage facilities to meet our growing water needs. My con As you know I am the Republican candidate for Senate other words, the federal government would have no more cern is that minimum stream flow regulations may make it this year. Let me say that I am honored to be the nominee claim to a water right, than any other entity. And that's the more difficult to keep water here in Colorado than letting it and hope to serve all of you proudly in the U.S. Senate. way it should be. Mike's bill is modeled after Colorado's flow on downstream and o.!.lJ of state. Already, we are allow And let me say also, that as long as I am elected to serve current minimum stream flow law, yet in no way interfers ing a large part of our compact allocations to slip through you, the people of Colorado, I will work with you, Col with the priority system already established, and one that our fingers each year. So if its one thing we don't need - orado's water leaders, to meet the state's water challenges. has served the state well. it's a larger obstacle impeding the collection and storage of Water is not a special interest. Water is the lifeblood of our Senator Bill Armstrong has another approach that deserves water that we're entitled to keep. Thus, I believe that we state. It is a key ingredient in the state's future. It is the attention. Senator Armstrong has proposed legislation as must answer questions on the impact of minimum stream catalyst that will determine how much Colorado can continue well to create more than one million acres of new wilderness flow regulations before talking about additional regulations, to grow and to prosper. Meeting Colorado's water needs is from both national forests and national parklands. His legis and additional wilderness. now and will continue to be a tremendous challenge. It is lation explicitly denys the creation of any new federal re There is other news on the water front - as you know, a one that will require dedication and innovation. If we invest served water right and leaves the protection of minimum cost-sharing agreement on Animas-La Plata has been signed wisely today, we can meet the challenges of tomorrow. If stream flows to the State of Colorado. I stand ready to after a lot of hard work and cooperation by a lot of people. we act decisively today, we can en&.ure a bright day tomorrow. endorse another proposal, or a combination of the two, as Now the House has app,roved start-up construction money. I look forward to working with you, the members of the a way to proceed with wilderness legislation. Both address The agreement settles Indian water claim questions and rep Colorado Water Congress, leaders of Colorado's water re the fundamental question - how to protect Colorado's water. resents another positive step in managing our precious water source development, to build a better Colorado for our chil Over the years the federal government has moved to take resources. The Corps of Engineers is still working on its dren. D greater and greater control of state water, eroding through study of Two Forks on the east slope and we hope to get a regulations our right to that most treasured of our resources, complete report by the beginning of next year. We will be Amendment #4 A Colorado Water Congress BULK RATE Panacea or Problem? U.S. POSTAGE 1390 Logan Street, Room 312 PAID History demonstrates that the representative system of Denver, Colorado 80203 Permit No. 514 government adopted by the founders of this state has Denver, Colorado served its citizens well for over 100 years. Despite that history, proponents of Amendment #4 want a voice in each and every tax dec' io at elected officials make whether at the sta lot ~v

cil wishes to point out tical solution to the fru ment has no cur; it further

state; and it NORMAN A. EVANS equalized prope Iu tions WATER RESOUCES RESEARCH INST. Amendment #4 is solution. The passage of C.S.U. Amendment #4 would seriously impair the ability of state and local governments to respond to the needs of FORT COLLINS, CO 80523 ' individual taxpayers and citizens. The record in Colorado between 1970 and 1984 shows that today state and local governments combined are taking a lesser proportion of taxpayers' personal income for the support of government services than they did 15 years ago. The representative system of government has worked and is still working for the citizens of Colorado. The Colorad(l Water Congress recommends a "NO" vote on Amendment #4. Colorado Water Congress 29th Annual Convention January 28-30, 1987 Holiday Inn Northglenn-Denver 1-25 & 120th Avenue, Northglenn, Colorado

Jeffrey H. Coors Frank Dunkle

Attorney General David Kennedy Duane Woodard

Congressman Congressman Ben Nighthorse Campbell Hank Brown Thomas F. Donnelly Carl Riehn

Wednesday, January 28, 1987 2:50 p.m. "Sharing the Resources of Your National Forest" 11 :20 a.m. "Title to be Announced" - Carl Riehn, Chairman, 7:00p.m. CWC Resolutions Committee Meeting - Gary E. Cargill, Regional Forester, U.S. Forest Water Resources Congress, Washington, D.C. ; 7:00p.m. Workshop Liability Insurance Service Department of Agriculture, Denver. and Executive Director & General Manager, 8:30p.m. CWC Board of Directors' Meeting 3:15 p.m. Break North Texas Municipal Water District, Wylie, 3:30 p.m. Four Concurrent Workshops on (1) Water Qual- Texas. Thursday, January 29,1987 ity Issues; (2) Liability Insurance; (3) Engineer- 11 :45 a.m. Break 7:30 a.m. Registration Opens ing Developments; and (4) Financing Develop- 12:00 Noon THE WAYNE N. ASPINALL MEMORIAL 8:30 a.m. Four Concurrent Workshops on (1) Liability In- ments. LUNCHEON - "Forging a Water Community" - surance; (2) Financing Developments; (3) En- 6:30 p.m. RECEPTION IN HONOR OF THE 56th GEN- Congressman Ben Nighthorse Campbell of the gineering Developments; and (4) Water Law De- ERAL ASSEMBLY-Snacks and Refreshments Colorado 3rd Congressional District. The velopments. Courtesy of PaineWebber, Chicago and New Seventh "Wayne N. Aspinall Water Leader of 10:30a.m. Break York. the Year Award" will be presented at this lunch- 10:45 a.m. GENERAL SESSION 7:30 p.m. BANQUET eon. 10:45 a.m. Keynote Address - "Blueprint for Colorado" - 8:30 p.m. Banquet Address - "Title to be Announced" - 1 :45 p.m. Colorado Water Congress Business Meeting Jeffrey H. Coors, Chairman, Colorado Associa- Congressman Hank Brown of the Colorado 4th - Election of Board of Directors tion of Commerce & Industry; and President, Congressional District. - President's Report Adolph Coors Company, Golden. Friday, January 30, 1987 - NWRA Report 11 :10 a.m. "Wildlife Policy - Accommodating Sound De- 7:00 a.m. Legislative Breakfast - Addressing the dele- - Treasurer's Report velopment and Resource Protection - Frank gates will be - Senator Tilman Bishop; Senator - Consideration of 1987 Resolutions Dunkle, Director, U.S. Fish & Wildlife Service, Jim Beatty; Senator Jim Rizzuto; Representa- 3:00 p.m. cwe Board of Dire·ctors' Meeting Washington, D.C. tive Scott Mcinnis; Representative Chris Paul- 11 :35 a.m. "Title to be Announced" - Attorney General son; and Representative Ruth Wright. Duane Woodard of Colorado. 8:45 a.m. Five Concurrent Workshops on (1) Water Con- 12:15 p.m. 'GENERAL SESSION LUNCHEON - "Title to servation; (2) Wildlife Mitigation ; (3) Engineering 1987 RESOLUTIONS be Announced" - John Doyle, Deputy Assistant Developments; (4) Financing Developments; cwe Secretary of the Army (Civil Works), Washing- and (5) Colorado Water Research Institute. Water policy resolutions will be presented to the member- 2:00 p.m. ~~'N~'~AL SESSION ~~~~~::~: ~r~~~RALSESSION ship at approximately 1 :45 P.M., Friday, January 30,1987. "Historic East Slope West Slope Water Agree- 10:30 a.m. "1987 and Beyond in Washington" _ Thomas F. I~dacc~r~ant~e ~ith CWIC PO. I;C~, nObresolf~ti~n will be ~o;- ment" - Rolly Fischer, Secretary, Engineer, Col- Donnelly, Executive Vice President, National Sl ere y e oor un ess I as een Irs approve y orado River Water Conservation District, Glen- Water Resources Association, Washington, the CWC Board of Directors, which will meet Wednesday wood Springs; Bill Miller, Manager, Denver D.C. evening, January 28. Persons wishing to present proposed Water Department, Denver; and Larry Simpson, 10:55 a.m. "Current California Water Issues" _ David Ken- policy resolutions should contact Bob Fischer, CWC Res- Manager, Northern Colorado Water Conser- nedy, Director, California Department of Water olutions Chairman , Denver Water D~partment , 1600 W. vancy District, Loveland. Resources, Sacramento, California. 12th Ave. , Denver, CO 80254, phone. (303) 628-6519. 1~~~~~~~~~~~~~~~~~.6'I~~~.6'.6'~~I~~~i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Colorado Water Almanac & Directory - 1986 Edition The Colorado Water Congress has recently published the "Colorado Water Almanac & Directory - 1986 Edition." This 100 page - and greatly expanded - publication includes directory information, calendar of events, glossary of terms , current water projects, summary of 1986 water laws , etc. One copy of the Almanacl Directory will be mailed to each CWC member. In the event that additional copies of this directory are desired, it is requested that the form below be used for such requests. Colorado Water Almanac & Directory - 1986 Edition Mail after 8/18/86 to: COLORADO WATER CONGRESS 1390 Logan Street, Suite 312 Denver, Colorado 80203 I am enclosing $ for ___ copy(ies) of the Colorado Water Almanac & Directory - 1986 Edition - $25 .00 per copy, plus sales tax. *

Date: ------Name: ------Organization: ------Address: ------City/State/Zip: ______

Colorado Water Congress *Sales Tax - Denver residents and/or finns - add $1.78; Resident and/or firms in RTD boundaries (other than Denver) - add $.90; and all others in Colorado - add $.75.