Lawsuits, Not More Water, Predicted in Fry-Ark Fight

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Lawsuits, not more water, predicted in Fry -Ark fight Page 1 of 2 The Pueblo Chieftain Online Select file then print to print this article. Publish Date: May 2, 2002 Lawsuits, not more water, predicted in Fry -Ark fight By MARGIE WOOD The Pueblo chieftain If federal legislation reauthorizing the Fryingpan - Arkansas Project doesn't pass, the lamely result will be more lawsuits and legal bills - and not a drop more water for the city of Pueblo's Arkansas River Legacy project. That's the opinion. of Steve Arveschoug, general manager of the Southeastern Colorado Water Conservancy District, which operates the Fry-Ark Project. The legislation, House Resolution 3881, was developed during four years of negotiations among the Southeastern district and water users, authorities and political entities throughout the district and state, Arveschoug said Wednesday. It would provide the assurance of long -term storage contracts in Fry Ark reservoirs for nonproject water, and also would authorize feasibility studies on enlarging Pueblo and Turquoise reservoirs. And if it doesn't pass, it could doom the plans for an Arkansas Valley Conduit from Pueblo to Lamar, which Arveschoug sees as the key to the future for the Lower Arkansas Valley's economy. The principal obstacle to the legislation is Pueblo's request for guaranteed minimum flow on the Arkansas through the city for a kayak course that's part of the Legacy project. The city wants 100 cubic feet per second in the winter and 500 cfs in the summer. Although negotiations are continuing on the city's request, Arveschoug said the time is getting very tight The legislation is in the "markup" stage in Congress this month, and the city's water court case for a recreational in- channel diversion right goes before the Colorado Water conservation Board in July. lino agreement has been reached, the conservancy district will oppose the diversion. If HR 3881 doesn't pass, Arveschoug said, the legal framework for guaranteeing flow for fishing and recreation in the Upper Arkansas Valley will go down the drain and the most the city can hope to win in an expensive court fight is a "junior water right with no protection from existing exchange decrees - the status quo." The city's water lawyer, Anne Castle, told City Council on Monday that she fears the river through Pueblo could dry up if the legislation passes and Colorado Springs gains enough storage flexibility to take more water out of the river above Pueblo. While it's true that Colorado Springs and other Fountain Valley entities will get the lion's share of additional storage space under the reoperation scheme for the Fry-Ark, Arveschoug notes that the bill also makes possible extra storage for Pueblo West and legal authority for the experimental waxer bank project. Alan Hamel, executive director of Pueblo Board of Water Works and president of the Southeastern board, said Pueblo already has a long- term contract to store non - project water in Fry-Ark facilities. "This plays an important part in Pueblo's future, and other cities want the same benefit," he said Such storage is subject to spill if the reservoir gets full, but Hamel said, "You can generally forecast the spills. Eight out of 10 years, there's storage available." Reoperations storage contracts will generate $764,000 a year toward repayment of Fry-Ark costs, Arveschoug said. Another bone of contention is the legislation's blessing on a long -term storage contract with Aurora, facilitating that city's purchase of Rocky Ford Ditch rights. There's a phrase in the bill banning other transfers of water between river basins, unless there's an agreement between conservation districts in both affected districts. Critics express the fear that this would enable Southeastern to make more deals like the Aurora -Rocky Ford Ditch agreement. Arveschoug said that clause was put in the bill at the request of the Colorado River district, to protect its flow from being moved to the Eastern Slope. http://www.chieftain.com/print/archive/2002/may/2/ni2.him 05/06/2002