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The Steamboat Pilot: Many in South Routt County alarmed over water rights - ,,: ~~., -<~ r'l 1"7 ,',.....\ J 'J 1 / U' " ..-, w . s&a~ . . "I'm a water attorney. I'm not trying to decide the policy of this. But someone needs to look at the philosophy of this issue," Holloran said. Routt County Commissioner Nancy Stahoviak said she thought many of her constituents in the southern part of the county have no idea what the ramifications of a recreational water right would be. Oak Creek Mayor Cargo Rodeman said she was in the dark on how much a RICD would affect her town's ability to expand its water storage. But she does know that anything that legislates water use requires attention. "Water is more valuable than anything," she said. With the city's short timeline for filing on a recreational water right, Stahoviak worries the city is going to move forward without the input from the rest of the county. "This is not the way we have done things in the past, not to have a conversation before the action is taken," Stahoviak said. "I think that is unfortunate." Concerned about the lack of knowledge, the commissioners have scheduled a Dec. 8 meeting for town boards and interested landowners to talk about the city's desire to move forward with recreational water rights. The commissioners have asked water attorney Tom Sharpe to speak at that meeting. Sharpe sits on the Upper Yampa Water Conservancy District, which from day one has stated its objection to the city filing a recreational water right on the entire body of the Yampa River. Brenner expects, public comment at a Dec. 2 council meeting. A resolution to file for recreational water rights is scheduled to come before the council Dec. 16, which is its last meeting of the year. Glenn Porzak, a Golden water attorney the city hired, is confident the concerns coming from the southern end of the valley can be eased. In the three other recreational water cases he represented, Porzak said, municipalities and other water users filed opposition. But by the end, the only one still fighting was the state, and that was just on a policy issue. "I think that speaks volumes," Porzak said. The history Since May, the council has publicly discussed filing for recreational water rights. In September, the council voted to file for water rights before the end of the year. In October, it agreed to hire Porzak, who had argued in front of the Colorado State Supreme Court for recreational water rights in Golden, Vail and Breckenridge. The state supreme court decided 3-3 to recognize recreational water rights in those towns. At an Aug. 19 meeting, Porzak and Sharpe presented to the council the pros and cons of filing for water rights. At that meeting, Porzak warned the council that the legal battle could run between $50,000 to $100,000 and said he expected a fight with the state's Colorado Water Conservation Board, which opposed the Golden case all the way to the state supreme court. Speaking on behalf of the Upper Yampa Conservancy District, Sharpe said the board opposed filing on the whole body of the Yampa River. It would support and even help fund the city's recreation water right if it agreed to divert from just five tributaries -- Fish Creek, Walton Creek, Spring Creek, Butcher Knife and Soda Creek -- that flow into the Yampa. After hearing both arguments, the council decided to hire engineers to determine how much water the city would need to sustain the river. Those studies are still being done, and the council has yet to decide whether it needs to file on just the five tributaries and whether that option is even legal. It was the Aug. 19 meeting that sent up the red flags for water attorney Margaret O'Donnell. http://www.steamboatpilot.com/section/archive/story 120438 Page 2 of 4 11/2812003