Kayakers, Developers at War Over Rivers of Dreams

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DENVER POST Denver, CO (Denver County) Daily, 301,000 C olorado press Clipping Service 1336 Glenarm Place • Denver, CO 80204 303 -571 -5117 • FAX 303- 571 -1803 WATER: Colorado the first state to allow decrees for kayak parks < CONTINUED FROM 1B versus the New West," said Boulder water attorney Glenn Porzak, a kayak -park propo- nent. In the past 10 years, whitewa- ter parks have surfaced from Reno, Nev., to Fort Worth, Tex- as. But Colorado is the first state to allow water decrees for kayak parks. "Finite limits of water" At least 15 Colorado commu- nities have built courses since the early 19gos. Among those now seeking a water right is Chaffee County, whose offi- cials say they are trying to pro- tect a whitewater industry that generates $8o million a year. The Colorado Water Conser- vation Board, which is charged with m aximiz ing the use of Col- orado's water, has been the most persistent court opponent of kayak -park applications. "No one is saying these rights don't exist," said Rod Ku- harich, director of the board. "But people across the state are recognizing the finite lim- its of water." In most years, whitewater parks would have all the water they need. During times of drought, recreational water de- crees would be among the last to get water, because they are the newest. But they worry the tradition- al water brokers because by having a large water right, a kayak- course owner will have a seat at the table when chang- es in future water use are con- sidered. That might enable ru- ral governments to limit devel- opment of reservoirs and wa- ter exchanges between farms and cities, critics say. In 2003, a state judge granted the Upper Gunnison Water "There are few things that bring as many people to town on a daily basis." Dan Hartman, Golden's public works director Conservancy District a water decree enabling it to command a peak of 1,500 cubic feet per second in late June, or 157,000 acre -feet per year. That's 30 percent more than Denver cur- rently pipes under the Conti- nental Divide from its Dillon Reservoir. If the decree is upheld, it would greatly reduce the amount of water that could be si- phoned off to supply growth on the Front Range loo miles away. Likewise, a big Chaffee Coun- ty kayak decree could compli- cate future efforts by Colorado Springs and Aurora to export more water from the Arkansas headwaters. That's why state officials ad- vocate capping flows for kayak parks at 350 cubic feet per sec- ond. Many high - quality kayak courses operate at or below that level, they argue. Last week, the state.Supreme Court ordered the Gunnison case back to the lower court, where the state will again seek to limit the water right. Vote expected today Today, a state House commit- tee is expected to vote on a bill that limits decrees to 350 cubic feet per second — or less. Wa- ter- course developers acknowl- edge that a water right is insur- ance against development dry- ing up river flows. "Fifty years ago, Aurora wasn't even on the map," said Salida resident Mike Harvey, a paddler and boat - course build- er. "Who could have predicted that they would now be the ma- jor player in the Arkansas Val- ley ?" Whitewater devotees say the cap would limit water flow to the equivalent of bunny slopes, when expert kayakers want double - diamond runs. Several experts believe the bill would fundamentally alter Colorado water law. "A cap would be unprece- dented," said Jeris Danielson, the former state engineer. "It would be like telling High- lands Ranch, `You can't grow anymore because we want to save the water for another pur- pose.' I think it would be un- constitutional." Park proponents say the bill is designed to kill a vital new economic development tool. Five years ago, a Golden con- sultant's testimony that the town's kayak park generated be- tween $1.3 million and $2 million per year helped win the first big -water boating decree. Since then the course has grown in length and popularity. "There are few things that bring as many people to town on a daily basis," said Public Works Director Dan Hartman. One thing seems clear: The demand for whitewater parks will continue to roil Colorado's ongoing fight over water. "Part of this involves think- ing of the future," said Steam- boat Springs attorney Tom Sharp, who favors kayak de- cree limits. "There may not be agreement on what the future should be." Staff writer Theo Stein can be reached at 3o3- 82o -i6S7 or tstein @denvefpost.com.