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<br />September 26,2003 · Crested Butte News' · page 9
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<br />. group, says that it was apparent
<br />thai: the state's concern with the
<br />RICD appli<;ation was, due to its
<br />lohg-ter~ plan for aclditlonal
<br />lransmpuntairi diversion. "My
<br />opinion is that this is really the
<br />first time the pretense was gone;.
<br />the state's CaSe rested; to a laige
<br />would in fact facilitate diver~ and others. TheCWCB's recom- . extent, on providing. {gr C1iver- .
<br />sions projects. mended flow of 250 ds throug;h- sions;" . says Reed, adding, "i
<br />The idea of obtaining an out the five-month period serves think there has been a . definite
<br />RICO right began to gain steam in to keep more water unspoken for attempt to hide .'any state /
<br />2001, when it became evident that than if the UGRWCO's larger involvement in future trans-
<br />Last week's trial in water a ,whitewater park for kayakers .request was met, thus,. theoreti-; mountain diversions. BuH think
<br />court regarding the Upper and. rafters would become a reali- ' cally, assuril1g' the availability of it's going on:'
<br />Gunnison ' River' Water ty. An.RICO right is designed to that much more water which For no-w, Reed will cbrttmue .
<br />C6nse;rvancy District's (UGRW - ensure' that a. cer~ain supply of could be diverted for Front Range to stay up-ta-date on the issue"
<br />CD) application for a recreational water will be guaranteed to pro- purros:., inciuding attending the meetin,ll;s '
<br />in~channel diversion (RICO) right tect the purposes ofthe park..After SU a surplus is caIled a mar- f th St te 'd W't S I
<br />f th hit t k I aki' I tl .th th. k t bl . ld It' th " f th 0' e a WI e a er upp y
<br />or e w ewa er par was arge- spe ng at eng 1 WI e recre- e a e Yle. IS e size 0 e . I 't' H .. rSWSI) 1"'
<br />ly consumed by disCussion about ation community and considering. marketable yield that could niake ' m la v~. hich hb Ii P anmr:
<br />the state's concern that suCh a right how such a right would impact or break. diversioh . plans. h P;ocess, .w . t' e . e :;es cou .,.
<br />would impair its ability to divert . the rest of the UGRWCO's respon- UGRWCO's expert witness, for- a sor;~ ~~m. ,.cott1~ se trans-
<br />. water out of the basin. Wl:ille the ' sibilities, a fonnal filing was made' mer Deparhnent of Natural ~;u~a:r. IversIo~minenn:'
<br />state has been Quiet about any in March 2002. The RICO right, as Resources director Jim Lockheed, SWSI d o~~ :v~~ tr I/; can s!J
<br />intentions of trans mountain diver- filed,wouldguaranteeflowsfrom testified that the tJCRWCD's I t . 'd' oes~ ~h u e ~=unf
<br />~n, the mal indicated a blatant May 1 through September 30 applic.ation would not impai.r ~m lVerslo~~ ,7;;~s, ash ~od
<br />interest in doing so, at least at ranging from 270 cubic feet per diversion atteml(ts. However, the b e .~o~Ul11 , thin. we , 0 .
<br />some point in the future. second (cis) to .1,500, cis. These CWCB expert testified otherwise. e c1 o~g't~~ery g we .can to .
<br />Due to a broad disparity in requested flciws, says UCRWCD But while public statements indi- pre.~ ifu. G.. . Walch .. " .. .
<br />how much water the UGRWCD manager Kathleen Curry, reflect cate diversion is not an issue .l:ight ti. a:e t er freJ. D. a:nexecu;
<br />believes should be reserved for the best balance between the no~ the trial was diff~nmt. . Nve 1 c oRt 0 .e ep '. enRt od
<br />ti I. d h ch th d f . I.' all. kill NTh h'. atura '. esources, nor 0
<br />recrea ona .use an OW mu e, nee s 0 J;ecreatlona Ists- s , . e, emp . MIS was '. com- Kuharich,. director of the cWCB
<br />state's Colorado Water levels--and the needs of ranchers. pletely on transmountain diver- .ail bl f . . t. .'
<br />C ti' B. d ." C "! were av a e at commen .,
<br />, onserva on oar Slon, says urry.. twas .
<br />(CWCB) ~elieves is appro- astounding. We had anticlpat-
<br />priate, Division 4 Water uI think there has been ed a discussion about the'
<br />'Court Judge Steven Patrick merits of our application but
<br />postponed a decision lUltil a definite attempt to hide they specifically discussed
<br />the early months of 2004. 'diversion projects."
<br />."It doesn't matter any state involvement in future In fact, Curry says that in
<br />
<br />whether it's Union Park or a transmountain diversions. But, the. state's opening remarks,
<br />pum~-back system, so long. the state claimed that the
<br />as while I'm rvemor th~ I think it's going on," UGRWCD's a1='plicatiori was
<br />headwaters of e Gunnison nothing more than a sub:
<br />.ver will sta. in the -Ramon Reed terfuge to cover up their on~O'-
<br />'Gunnison River," sai . ... !:ng effort to block transinoun. .
<br />Owens at Western State College's Precediitg last week!s mal, a. tain diversion. But citirig his opin~
<br />Water Workshop on July 23, 2003. hearing took place in September ion that there were not enough
<br />He then introduced 2002 with the CWCB, a board facts. to support .either flow
<br />Referendum A, which would under the auspices of the state's regiJ;Ite, Judge Pat~ick delayed
<br />enable bonding for water projects Department of Natural Resources. m!lking a decision. .
<br />throughout the state. He added At this hearinR, the OVCB made a ' Ramon Reed, president of
<br />that, as he envisions the money formal finding tha.t the RICO ri~t Eeoph'! Opposinli Water Export
<br />being put" to us'e, the numerous should never exceed 250 cis during Raids (POWER~, a local citizens'
<br />existing reservoirs in Colorado the entire period from Mar 1
<br />could be expanded slightly; result- . through September 30: It is this
<br />ing in "significant additions to the findirig that the UGRWCO and
<br />overall water supply." Such fur- OVCB went to trial over last week.
<br />ther development of water storage and it is this finding. that Judge
<br />would theoretically provide water Patrkk will a{!:empt to sort_out. But
<br />for growth while preserving due to time C9nstraints in the five-
<br />enough for irrigators as well. day trial, a decision is not expe~ed
<br />"It would allow the Front until at least January 2004.
<br />Range to ~se more Front However, it was the state's
<br />Range/Eastern Slope. water so concern with how the RICO right
<br />that they "don't ,have to compete would impact the state's ability to
<br />for Western Slope water," added di~~rt water out of the Gunnison
<br />Owens, refuting suggestions it River basin that perturbs Curry
<br />
<br />. StQte questions whitewater
<br />park's impact on diversi.ons
<br />
<br />The.truth comes.out
<br />
<br />by Pete Sharp
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