A New Path for Western Water Issues

Home Browse Search

Anew path for Western water issues he issue of the water rights of Black Canyon National Park on the Gunnison River is typical of Western water disputes. It is long- standing, dating back decades. It is com- plex, involving a host of state and federal agencies. It involves many communities, landowners and other parties along the riv- er. In short,. it is messy. But thanks to an innovative new agree- ment announced this month by the state of Colorado and the Interior Department, it may have a unique distinction among simi- lar long - standing Western water. disputes: It may be over soon. The agreement for the first time guaran- tees specific water flows to protect the park, a minimum of 300 cubic feet per second (cfs) of water throughout the year and periodic spring rises necessary to scour the canyon and remove buildup of sediment and vegetation. This conforms to a plan worked out by the National Park Service, which manages the park, and the ?bureau of Reclamation, which manages the federal reclamation project. At the Gale A. Norton Guest Commentary Washington, D.C. these federal clai m rights can disrupt �'cating water. Court same time, the agree- ment provides certain- ty to nearby communi- ties upstream regard- ing their water rights under state law. Our hope is this agreement represents a new direction in dealing with Western water disputes that in- volve federal areas such as Black Canyon. Over the past three decades, these dis- putes often have cen- tered on how much water the federal gov- ernment has a right to as "reserve" . water. States have opposed S, since large federal state systems for allo- s have ruled that the federal right to water exists but have sel- dom clearly identified how much water the federal government owns in places like Black Canyon. The usual approach to resolving these disputes is for states and the federal gov- ernment to hire experts and lawyers to battle against each other in court. This liti- gation can cost millions of dollars — with taxpayers funding both sides. The new direction we hope to take in- volves communication, consultation and cooperation between federal agencies and the states rather than decades of litiga- tion. In the case of Black Canyon, the Park Service and Bureau of Reclamation worked diligently with each other and then with the state to answer the question of "how much." , The first priority was to ensure the con- servation of Black Canyon National Park. Under a filing with the Colorado Water Court in January 2000, the department had asked for 300 cfs plus the entire spring rise of the Gunnison River as part of the park's reserve water. This is far more water than the park has received in recent memory or will ever need. In fact, it would require the Bureau of Reclamation to spend hundreds of mil- lions of dollars to retrofit its upstream fa- cilities simply to deliver that amount of water. The result potentially would have been the periodic flooding of down -river cities such as Delta, and uncertain water supplies for many towns and ranches. Instead, the Park Service and Reclama- tion examined exactly how the needs of the park would be met, then found a way to protect park needs in cooperation with the state. A key innovation is using a state "in- stream flow" right to protect the park, which avoids the turf battle that some- times blocks settlements. The Park Ser- vice knows it will get the amount of water necessary to protect the park. Reclama- tion knows how to manage its water facili- ties. Local communities and citizens know their water rights are secure. The certainty provided by this„ agree= ment will help both the local economy and natural resource conservation, since both function better when everyone under- stands exactly wh While water is does not fit all, t the department a to reach this agre ise for untangling putes involving fe The Interior D for other places ments in Colora West. We will bring affected by the claim of water rig ognizing they are ing their water share the respons' ter resources on s Working togeth path through the c ter rights, provi communities and ral resources. Gale A. Norton U.S. Department