Bill Would Protect Upstream Water Users from Rec Interests

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The Pueblo Chieftain Online - Thursday April 19, 2001 1,000 cfs only nine days a year, yet the city has applied for an entire kayaking season of 92 days, 24 hours a day, including nighttime when no one would be on the course. Because Golden authorities can use 1,000 cfs for kayaking only 1 percent of the time, warned State Engineer Hal Simpson, "they're blocking other water rights 99 percent of the time." Lori Short, mayor of Empire upstream from Golden on Clear Creek, said it could happen easily. She testified in favor of Entz's SB216, saying with a population of only 450, Empire cannot afford to hire a water lawyer to go into court to fight Golden or potentially a long list of other recreation water applications. Larger cities and recreation- oriented businesses, such as ski resorts, have more money to hire expensive water lawyers, she said, setting up a "David and Goliath" mismatch in court. The Colorado Water Conservation Board would provide the public forum and staff expertise to hear such concerns and make recommendations to the water court, which still would have the final say, testified Clear Creek County Commissioner Joanne Sorenson. Entz won committee approval on a narrow 4- 3 vote only because Senate President Stan Matsunaka, D- Loveland, crossed over and joined three Republicans in support of SB216. Matsunaka voted for it after amending the bill to exempt applications for 50 cfs or less water from the Water Conservation Board review. The smaller claims could go directly to water court, leaving only claims for more than 50 cfs to face the evaluation of independent water experts. Back to top Page 3 of 4 http: / /www.chieftain.com/thursday /news /index/article /1 4/19/01