WSP12089

• File Number: 8220.131.D
• Description: Yellow Jacket Project
• State: CO
• Basin: Yampa/White
• Water Division: 6
• Date: 1/8/1969
• Title: CWCB Agenda Item #3: Proposed Comments on Yellow Jacket Project - Board Meeting January 15 1969
• Water Supply Pro - Doc Type: Board Memo

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The second and perhaps even more overriding issue is
the proposition advocated that the owners of private lands must
pay a penalty for placing their lands under irrigation. Let us
assume for purposes of illustration that the 14,000 acres of
private lands on Oak Ridge and the 15,740 acres of land proposed
to be irrigated are in the same ownership. Under the principle
proposed in the project report, these landowners would be forced
to forfeit almost fifty percent of their total holdings for the
privilege of placing their remaining lands under irrigation.
This is indeed a novel principle of which we know of no legal or
equitable precedent. Such a concept appears to us to destroy the
basic principle upon which reclamation law is founded.

This Board has consistently followed a policy of favor-
ing water resource development compatible with the preservation
and enhancement of fish and wildlife values. The staff believes
that every attempt should be made to reconcile the existing differ-
ences on this subject pertaining to the Yellow Jacket Project. We
believe that a solution can be found which will neither affect
the big game production in the White River Basin nor penalize
the economy of the area. Since the problem is immediate and one
which must be resolved in the near future, the staff of the Board
suggests the following action:

1. That we disapprove as a matter of principle and con-
cept that wildlife interests are entitled to compensation for the
irrigation of private lands.

2. That the matter be called to the attention of the
Director of Natural Resources and the Governor of the State of
Colorado for decision above the level of this Board.

3. That the Bureau of Reclamation be requested, in
cooperation with the Bureau of Sport Fisheries and Wildlife:
the Colorado Department of Game, Fish and Parks: the Yellow
Jacket Water Conservancy District: and this Board, to propose a
more acceptable plan concerning the preservation of big game
habitat in connection with the Yellow Jacket Project.

FLS:lk

Memo

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January 8, 1969