Laserfiche WebLink
Colorado Press <br />Clipping Service <br />. 1336 Glenarm Place • Denve; CO 80204 <br />303 -571 -5117 • FAX 303 -571 -1803 <br />.Make right call <br />g on water bilk <br />tate- lawmakers should nix a nar- <br />row- minded measure, Senate Bill 62, <br />which could put the brakes on Colo - <br />rado's growing whitewater course indus- <br />try. The legislature should,,however, pass <br />2ftother proposal, House Bill 1177, which <br />fakes a big - picture view to resolve com- <br />plex water disputes. <br />- -SB 62 stalled Tuesday but comes up for <br />another vote today in the House Agricul- <br />Ofre HB 11 77 passed the Agri - <br />culture and Appropriations committees <br />but hasn't yet passed the full House. <br />Since the late 199os, several Colorado <br />towns have built kayak and canoe courses, <br />t hich are a growing segment of the state's <br />vital tourism business. The towns rigorous- <br />ly followed existing Colorado law by filing <br />their claims in state water court and show- <br />ing that the water would be put to a benefi- <br />cial use. The towns won several court cas- <br />m upholding their rights, including a <br />March 14 Colorado Supreme Court deci- <br />sion that said the state overstepped its au- <br />thority by limiting the amount of water for <br />4 Gunnison kayak course. Existing law lets <br />communities balance the desire for tour- <br />ism dollitrs with the need for domestic wa- <br />ter use. The situation does not require the <br />heavy hand of legislative interference. <br />- ''But SB 62 would declare thgt recreation <br />— one of the state's most important ind <br />tries — has only second -class status. Since <br />water rights are property rights, the move <br />may violate Colorado's constitution and <br />federal equal - protection guarantees. Such <br />legal questions should be studied depth <br />before the bill goes to the House floor. <br />SB 62 also arbitrarily declares that kayak <br />courses can't claim water rights of, more <br />than 35o cubic feet per second. In a wide <br />stream, that miserly amount would make <br />the course unusable - for example, it's, al <br />most impossible to even paddle a canoe on <br />the`South Platte near Denver when the riv <br />er drops below, 45o cfs. SB 62 thus would' <br />make it impossible for numerous communi- <br />ties along larger rivers to bolster their econ <br />omes by creating whitewater courses. In <br />any case, 35o cfs is the boater's equivalent <br />of 4 bunny slope: slow, ho -hum and unlike- <br />ly O lure tourists. <br />ti4 More reasonable way to address poten- <br />confiicts among water users would be <br />to ave various interest groups negotiate <br />th issues. HB 1177, sponsored by Rep: Josh <br />Pe y, a Grand junction Republican, <br />would do so by setting up "water roundta- <br />bles" to seek cooperative solutions to the <br />state's water needs. Lawmakers should <br />pass the sensible HB n77 but not the puni- <br />tive SB 62. <br />DENVER POST <br />Denver, CO <br />(Denver County) <br />Daily, 301,000 <br />Colorado Press <br />Clipping Service <br />. 1336 Glenarm Place • Denve; CO 80204 <br />303 -571 -5117 • FAX 303 -571 -1803 <br />.Make right call <br />g on water bilk <br />tate- lawmakers should nix a nar- <br />row- minded measure, Senate Bill 62, <br />which could put the brakes on Colo - <br />rado's growing whitewater course indus- <br />try. The legislature should,,however, pass <br />2ftother proposal, House Bill 1177, which <br />fakes a big - picture view to resolve com- <br />plex water disputes. <br />- -SB 62 stalled Tuesday but comes up for <br />another vote today in the House Agricul- <br />Ofre HB 11 77 passed the Agri - <br />culture and Appropriations committees <br />but hasn't yet passed the full House. <br />Since the late 199os, several Colorado <br />towns have built kayak and canoe courses, <br />t hich are a growing segment of the state's <br />vital tourism business. The towns rigorous- <br />ly followed existing Colorado law by filing <br />their claims in state water court and show- <br />ing that the water would be put to a benefi- <br />cial use. The towns won several court cas- <br />m upholding their rights, including a <br />March 14 Colorado Supreme Court deci- <br />sion that said the state overstepped its au- <br />thority by limiting the amount of water for <br />4 Gunnison kayak course. Existing law lets <br />communities balance the desire for tour- <br />ism dollitrs with the need for domestic wa- <br />ter use. The situation does not require the <br />heavy hand of legislative interference. <br />- ''But SB 62 would declare thgt recreation <br />— one of the state's most important ind <br />tries — has only second -class status. Since <br />water rights are property rights, the move <br />may violate Colorado's constitution and <br />federal equal - protection guarantees. Such <br />legal questions should be studied depth <br />before the bill goes to the House floor. <br />SB 62 also arbitrarily declares that kayak <br />courses can't claim water rights of, more <br />than 35o cubic feet per second. In a wide <br />stream, that miserly amount would make <br />the course unusable - for example, it's, al <br />most impossible to even paddle a canoe on <br />the`South Platte near Denver when the riv <br />er drops below, 45o cfs. SB 62 thus would' <br />make it impossible for numerous communi- <br />ties along larger rivers to bolster their econ <br />omes by creating whitewater courses. In <br />any case, 35o cfs is the boater's equivalent <br />of 4 bunny slope: slow, ho -hum and unlike- <br />ly O lure tourists. <br />ti4 More reasonable way to address poten- <br />confiicts among water users would be <br />to ave various interest groups negotiate <br />th issues. HB 1177, sponsored by Rep: Josh <br />Pe y, a Grand junction Republican, <br />would do so by setting up "water roundta- <br />bles" to seek cooperative solutions to the <br />state's water needs. Lawmakers should <br />pass the sensible HB n77 but not the puni- <br />tive SB 62. <br />