Lawmakers Hope to Save Recreational Water

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Page 1 of h 1 - Journal Advocate _awmakers hope to save recreational water 3y K.C. Mason ,"uesday, 3anuary 17, 2006 - Journal- Advocate capitol correspondent )ENVER - Lawmakers are making another attempt to get a grip on water rights for recreational use. "hey hope this year's Colorado Legislature will take action on a relatively new law allowing water use for recreation before there s nothing left. senate Bill 37, introduced last week by two Western Slope Democrats, is the latest round in Colorado's water wars. It does not ;et a specific limit on recreational water rights, but attempts to give water courts more guidance for deciding how much water s needed for increasingly popular whitewater parks. tep. Diane Hoppe, R- Sterling, said she voted for the bill when it emerged from the interim Water Resources Review Committee lespite concerns over a diluted role for the Colorado Water Conservation Board in reviewing applications. They are the body that does research on rivers and streams. They quantify all the water in the state," Hoppe said. "I don't inderstand why we are taking them out of the equation and not specifically saying the courts are going to take the CWCB's nformation." ioppe and Sen. Jack Taylor, R- Steamboat Springs, sponsored last year's unsuccessful attempt to refine the 2001 law allowing ecreational in- channel diversions, known as RICDs. "aylor also served on the interim water committee but said deliberately kept his name off the new bill because "I didn't want to :ontaminate it in any way." He said he still believes the issue is more about "control" of water than about recreation. We're not going to stop population growth in Colorado," he said. "Where are we going to be with this 10 to 20 years down the oad as more of these (RICDs) are granted ?" "he new bill's primary sponsor, Sen. Jim Isgar, D- Hesperus, said the CWCB in the past "has not been able to work with the applicants to resolves some of the issues or reach some compromise." )nder SB 37, the CWCB will still have public meetings on RICD applications, but only make recommendations to the water ;ourt rather than taking a firm position, Isgar said. The bill is a classic compromise," said Rep. Kathleen Curry, D- Gunnison, whose home community won a partial victory in the ;tate Supreme Court last year when the CWCB attempted to limit the amount of water it could claim for a whitewater park on he Gunnison River. :urry said the new measure, which she will sponsor in the House if it passes the Senate, simplifies the process so applicants don't have to go through a whole quasi - judicial proceeding before the CWCB before going into water court." The other half of the bill is how to define these recreational water rights," she said. "We put some parameters on those and !nvironmental /recreational community is very concerned about those parameters. Both parties would like to change where we :ompromised." )ne of the more controversial provisions of the new bill is that RICDs could be granted only for kayaking. The current law also allows recreational water rights for boating, canoeing and inner - tubing. ;en. Greg Brophy, R -Wray, said the state constitution puts recreational water rights in fourth place behind municipal, agricultural and commercial uses. It's the precedent that I'm worried about," Brophy said. "Recreation is important, but it's fourth. I'm concerned about !stablishing a right that essentially shepherds water to a point at which we can not longer use it for any other reason." ttp: / /www.j oumal- advocate .com /cda /article /print /0, 1674, 120 %257E7826 %257E3205214,00.htm1 1/17/200