What is Reasonable Use of Scarce Water?

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MONDAY, FEBRZTA` / / '"""' 2006 MONDAY, FEBRUARY 27, 2006 day. THE DENVER POST William Dean Singleton, Chairman and Publisher established 1892 "There is no hope for the satisfied man." Post founder Frederick G. Bonfils,1861 -1933 Gregory L. Moore, Editor J. Damon Cain, Managing Editor /Presentation Jeanette Chavez, Managing Editor /Administration Gary R. Clark, Managing Editor /News Jonathan Wolman, Editor of the Editorial Pages THE POST EDITORIALS What I*S reasonable use of scarce water.? The state Supreme Court has ruled that recreational users are entitled to an adequate flow. Senate Bill 37 would place new limits on their water rights. 0 ne of this year's most entertaining pieces of legislation is a bill that pits kayak parks and other recreational users of water against developers who are fearful of future shortages. The Colorado Supreme Court has ruled that recreation is a beneficial and legitimate use of water and that enthusiasts are enti- tled to the minimum flow necessary for a "reasonable recreation experience." Senate Bill 37 is bogged down in a heated debate over how to define "reasonable." Each side accuses the other of wanting too much control over the available water. Recreational users and local governments whose economies revolve around tourism need enough water flowing through their rivers and streams to serve local river rats and tourists who come from all parts of the country. Developers say recreational users are claiming more water than they need. Democratic Sen. Jim Isgar of Hesperus, a rancher, hopes to hammer out a compro- mise, and we wish him good luck. "I have no problem recognizing a valid recreational amount," he says. "But we need to limit it." Colorado's "first in time first in right" wa- ter law grants rights in priority order. If a town has a right for a whitewater course along River X, it gets first dibs on water over a developer who wants to build riew houses upstream. State engineers operate headgates that ensure a "senior" water right holder gets their water before someone with a "junior" right. Agriculture and older cities have rights far senior to anyone else. Eric Wilkinson, general manager of North- ern Colorado Conservancy District and a member of the governor - appointed Colorado Water Conservation Board, says recreational users have more water than they need. SB 37 limits its definition of a reasonable recreation experience to kayakers. It would restrict recreational use from April =_ to La- bor Day, from a half -hour before sunrise to a half -hour after sunset. The bill contains two other provisions that threaten whitewa- ter courses — one would withdraw water rights if the flow is below 90 percent of its right, and the other gives water courts an in- credible 20 years to reconsider their initial issuance of a water right if it is challenged. In four recent cases, water courts and the state Supreme Court have sided with the recreational user. Lawyer Fritz Holleman believes SB 37 is an effort to "effectively kill recreational wa- ter rights." No other entity with senior wa- ter rights has such limits, which some might argue erode the cornerstone of Colorado water law. Both sides hope for a compromise. Law- yer Steve Bushong says a "good start" solu- tion for recreational users would be to de- lete the 90 percent threshold and the 20 -year "retain jurisdiction" provision. Eliminate Capitol cash olorado lawmakers need to place In 2002, voters unwittingly created a loop - tough restrictions on their already hole in a campaign finance bill that allows cozy relationships with lobbyists. lawmakers to create "office accounts" to Gift- giving, whether it's tickets to a Den- help them cover office expenses. In prac- ver Broncos games or a fly - fishing trip, tice, these accounts allow lawmakers to ac- should be curtailed, but the most pressing cept unlimited amounts of cash or in -kind t *^ task s closing the ridiculous legal loophole Aunt A i< butior # s- from anvnnP ___