Recreation Water Rights - "The Inside Story"

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Recreational In- Channel Diversions (RICDs) Gle E. Po rzak, Esq. The boating parks built in the City of Salida and Town of Buena Vista provide a high quality recreation experience for a variety of different types of boats and users. The rationale for obtaining water rights for the boating parks was the same as for every community — to protect flows at the boating parks and, in the process, help protect the local economy. The boating parks are a significant component of the economic value of the Arkansas River in Chaffee County. Government officials were concerned that the pressure on the upper Arkansas River to provide water supplies for various users, including Front Range municipalities, that had been experienced over the past thirty years would continue to grow in the future, leaving the boating parks vulnerable to future water supply projects. In essence, the RICD application was an effort to help protect Chaffee County's local economy. Prior to filing for recreational water rights, Chaffee County officials met with the recreational boating community, local business leaders, and even the major water users on the Arkansas River that would later become the objectors. After conducting a hearing on the matter, Chaffee County filed an application for water rights for the two parks on December 30, 2004. Statements of opposition were filed by 17 parties. Some of the more active objectors in the case included trans- mountain diverters such as the Cities of Colorado Springs and Aurora; in -basin water users such as Pueblo Board of Water Works, Southeastern Colorado Water Conservancy District ( "SEWCD ") and Upper Arkansas Water Conservancy District; and State agencies such as the CWCB, Colorado Department of Natural Resources ( "CDNR ") and the State and Division Engineers. The CWCB held its administrative review hearing under SB 216 in May 2005, despite requests by many parties to postpone the hearing to allow further settlement discussions that had started before the application was even filed. At the hearing held in Salida, many citizens showed up and voiced their support for the application. In fact, not one public comment was made against the claim. After the hearing, the CWCB postponed making its recommendations to allow the parties time to continue settlement negotiations. The Arkansas River is a highly managed, intensively used source of water that, in addition to being the focal point for the local, recreational -based economy, provides water for both agriculture and municipalities in the upper basin, the front range, and the eastern plains of Colorado. Although existing in -basin and trans -basin uses limit opportunities for new uses of water on the Arkansas River, the potential for large exchanges of existing water rights to points upstream of the boating parks clearly existed. The biggest challenge for Chaffee County was to shape a water right that would protect its interests in the boating parks against future exchanges and protect its local economy associated with these parks, at the same time recognizing the desire of other communities and water users to have flexibility in developing their future water supplies. Chaffee County ultimately negotiated a settlement with all of the water users. The resulting compromise is a multi- tiered water right that includes the largest recreational water rights in Colorado. The water rights for both parks are measured at a gage just downstream of Salida, and consist of. (1) 107 The Salida Park consists of two structures located within 400 feet of one another in the City of Salida. The Buena Vista Park at that time had a single structure, but the town intended to build up to three additional structures downstream of the original structure. Claimed beneficial uses were all recreational uses, including boating, kayaking, tubing, rafting, floating, canoeing, and other such general recreational uses. log The Otero pump station is located upstream of both boating parks and is used to take water out of the Arkansas River basin for use by the Cities of Colorado Springs and Aurora. In addition, Twin Lakes, Turquoise Reservoir, and Clear Creek �. Reservoir are located upstream of both boating parks. CLE INTERNATIONAL ■ PAGE K -30 ■ COLORADO WATER LAW