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The Denver Post Online: Today's News , the e. B. J.. .i. ft (I. News h 0 lIIl e Iof3 http://www.denverpost.comlnews/newsI744.htm U02745 Senators nervous about water plans o By Ellen Miller Special to The Denver Post Dec. 20 - Interior Secretary Bruce Babbitt can allow water transfers between states in the lower basin of the Colorado River if he wishes, but he has no authority to exercise similar transactions in the upper basin, Colorado's two senators and a number of state water attorneys said Friday. "If he really means to extend water marketing to the upper basin, there will be a firestorm," said Bennett Raley, a Denver water lawyer who represents the Northern Colorado Water Conservation District. But Jim Lochhead, director of the Colorado Department of Natural Resources, heard Babbitt's speech to the Colorado River Water Users Association in Las Vegas Thursday and said he doesn't believe Babbitt has the intent to apply water banking to the upper basin. "The secretary acknowledged he is constrained as far as the upper basin is concerned," Lochhead said. "I didn't hear him say he'd try it in the upper basin." "What I heard was dealing with the lower basin. But I'd also like to see it in writing," said Chips Berry, manager of the Denver Water Board, who also heard Babbitt speak. The immediate effect of the new rule Babbitt spoke about would be to allow Arizona, which has stored excess water in aquifers, to sell it to fast-growing Nevada On Friday, Babbitt was quoted, in The Denver Post and other newspapers, as telling reporters at a news conference in Las Vegas that the rule will apply to the lower basin at first but could be extended in the next century to the upper basin. Such an extension would allow the upper basin states of Wyoming, Colorado, Utah and New Mexico to sell water to more populous downstream states for a profit, Babbitt said. That provoked Sens. Wayne Allard and Ben Nighthorse Campbell, both Colorado Republicans, who said Babbitt doesn't have the authority and should not have to govern allocations in the upper basin. "I'm alarmed because of the adverse effect on the (Colorado River) Compact by forcing it open," D\.llard said. "It's not just a Western Slope issue. It impacts Denver, northern Colorado, Colorado Springs, Pueblo and the plains because of the diversions. It's a statewide issue." Campbell said he doesn't object if states in the basin want to sell water to each other, but it shouldn't involve the federal government as broker. 12/22/97 11 :26 :09