More local reaction to U.S. District Court Judge Clarence Brimmer's ruling on Gunnison River stream flows, from the Montrose Daily Press. From the article, "The largest water rights case in the history of Colorado started a new chapter Thursday when a federal judge overturned an agreement between the state of Colorado and the federal government. High Country Citizens' Alliance, Trout Unlimited, Western Colorado Congress and several other environmental groups asked the judge to void the agreement. They felt it did not protect the Black Canyon of the Gunnison National Park, because water flows in the agreement were too low...
"The case started in 2001 in the waning days of the Clinton Administration when a large federal water right claim was filed in District 4 state water court. In the 1970s, a federal judge ruled that the federal government had a federal reserve water right in the Black Canyon and ordered the National Park Service to quantify the right. The 2001 filing was based on a complicated model that tried to mimic the natural hydrograph of the river. The water right is intended to 'insure the continued nutrition, growth, conservation, and reproduction of those species of fish which are thereafter introduced' and to 'attain and preserve the recreational, scenic, and aesthetic conditions existing on the applicable reservation dates or to preserve those conditions which are thereafter caused to exist,' according to the 2001 filing. The problem, however, for many water users in the Gunnison Basin was the date of the water right. A federal water right gets a priority date at the time the land was taken into federal possession. For the Black Canyon, the date is 1933. Many ranchers in the Upper Gunnison and the dams in the Aspinall Unit have less senior water rights. Some worried that the agreement could have a huge economic impact on the region if large quantities of water were required for the Black Canyon...
"When the dust settled, the 2001 water filing became the largest water case in the history of Colorado. Over 300 farmers, ranchers and other water users filed statements of opposition to the filing. To settle the case, an agreement was reached in 2003 between the state of Colorado and the federal government. The Black Canyon was given a state water right with a 2003 priority and it abandoned the 1933 priority. The environmental groups sued to have the agreement voided, and Federal Judge Clarence Brimmer ruled in their favor Thursday...
"Brimmer agreed with the environmental groups' four claims: the agreement did not follow the National Environmental Policy Act; the federal government delegated management of the Black Canyon to the state of Colorado; it illegally disposed of federal property and it violated its fiduciary duty to protect the park. In his ruling, Brimmer said the federal government understood the magnitude of the case and moved too quickly to reach an agreement...
"The judge remanded the case back to the Park Service. James Doyle, public affairs specialist with the National Park Service, said he could not comment on the specifics of the case but said the Park Service will protect the resources in the Black Canyon. 'What form that will take is up in the air,' Doyle said. Marc Catlin, Uncompahgre Water User Association manager, said he is disappointed in the decision. He said the agreement between the state and federal government was an equitable solution...
"Brimmer said ultimately the state water court will decide the water rights case. Catlin said he believes the parties involved in the case will begin negotiations again soon but he was not optimistic. 'It's hard to store water when the gate is open,' Catlin said."
Category: Colorado Water
6:10:04 AM 
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