Monday, September 12, 2005

Colorado Supremes rule against The Independent Shareholders Group and High Plains A&M This is a big deal for you water nuts out there. According to the Rocky Mountain News, two private companies that bought up water from the Arkansas River in southeastern Colorado suffered a setback yesterday when the Colorado Supreme Court ruled their plans to resell the water were too ambiguous [September 13, 2005, "High court against shifting water from farms to cities"]. From the article, "In upholding an earlier water court decision, the Supreme Court told High Plains A&M and its partners they would have to be more specific about who would be purchasing the water and how it would be used. The court said such details are needed to comply with Colorado's anti-speculation doctrine and to ensure that other water owners would not be harmed... "Curtis said Colorado courts have previously applied the anti-speculation doctrine only in cases where new water rights are being established, not in cases where an existing water rights' use is being changed. "Under Colorado law, water can be bought and sold, but all transactions must be evaluated in special water courts. There, those who might have concerns about a transaction can weigh in to make sure their own water rights won't be harmed by the change in ownership and in this case, the change in use from agricultural to municipal. "In legal filings, High Plains had said water from the Fort Lyons Canal could be used in 28 counties along the Front Range and that the company had held "conversations" with at least 14 entities interested in purchasing it. But the company did not specify a buyer. "Curtis said his clients and their partners control up to 120,000 acre-feet of water in the canal, or about one-third of its supplies. According to the urban rule of thumb, that's enough water to serve about 240,000 homes. "The historic 150-mile canal irrigates about 93,000 acres of farmland in southeastern Colorado." Category: Colorado Water 6:31:17 PM     Protests for Genesee Dam The Genesee Water and Sanitation District is planning a new dam, according to the Denver Post [September 12, 2005, "Dam site draws complaints"]. From the article, "The Genesee Water and Sanitation District intends to build a 100- foot-tall concrete dam and reservoir this spring off Colorado 74 between Kittredge and Idledale, across from Lair o' the Bear Park. The reservoir will store water for residents of Genesee, an affluent foothills community perched above Bear Creek Canyon. Other dam opponents say the project could be built for half the price at a different location that was ruled out by the district. District officials, however, say the current site's proximity to its intake pipe on Bear Creek and the water treatment plant makes it the best option." Here's an opinion piece in favor of pumping water upstream from Green Mountain Reservoir to Dillon Reservoir from the Denver Post [September 11, 2005, "Water idea should spark discussion"]. They write, "water managers on the Front Range (where most Coloradans live) and the Western Slope (where most of the water comes from) are discussing a plan that would allow metro Denver to take more water over the Continental Divide. The mere face of such talks is progress. The plan envisions taking water from Green Mountain Reservoir south of Kremmling and pumping it 25 miles uphill to Dillon Reservoir. From there, the Denver Water Department's existing network of pipes and tunnels would bring the water into the metro area. But Denver might not be the only beneficiary." Category: Colorado Water 6:23:38 AM

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