Water Board Warned About Rights Proposal

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" 08.08.01 Water board warned about rights proposal MSefffinel',com A produt of The Daft Senthel, Grand June!!", C Page 1 of 2 .- .. 8.08.01 Water board warned about rights roposal V MIKE McKIBBIN The Daily Sentinel 'LENWOOD SPRINGS — The Colorado Water Conservation Board as cautioned Tuesday about possible effects to the state's water rights (stem by proposed recreational in- channel diversion rules. Because "control" was not statutorily defined and the Fort Collins decision was very broad, some felt entities could have obtained a water right without having done much to the stream. As a result, Colorado lawmakers this year passed a bill that requires the Water Conservation Board to make findings and adopt rules to address the issue. The board will also review each recreational water rights application and submit its findings to water court. The legislation limited such applications to local governments only. The Water Conservation Board is holding public hearings to gather input about the rules and will begin the formal rule- making process in October. Written comments will be taken through Sept. 14. Board Director Rod Kuharich said the board was concerned that applicants could file for all available water in a river, "and maybe a world - class kayak course would command world -class water flows." Attorney Jeff Houpt of Glenwood Springs stressed the economic importance of recreational uses. "As we build these rules, it will be important to protect against the abuse of opportunity this presents," he said. "It's unfortunate that the rnli F'inaing is a'IasH to star t Bud Tell t'he Sentin, CI to D0 N Clic Ic file://C: \WINDOWS\ Temporary %20Internet %20Files \08.08.01 %20Water %20board %20wa 08/14/2001 The rules grew out of a number of court decisions in the 1990s that held that a water right for a flow within a stream channel may be obtained, if Tell me how to: the applicant controls the water for a specific recreational use. Buy a subscription Buy a print ad Buv an online ad Fort Collins obtained a water right for a boat chute on the Cache La Reach newsroom Poudre River and Littleton was granted a decree for a kayaking course Reach web staff on the South Platte River. Write to the editor Set my homepage This year, Golden obtained a water right decree for up to 1,000 cubic feet per second in Clear Creek — essentially all the available flow. Because "control" was not statutorily defined and the Fort Collins decision was very broad, some felt entities could have obtained a water right without having done much to the stream. As a result, Colorado lawmakers this year passed a bill that requires the Water Conservation Board to make findings and adopt rules to address the issue. The board will also review each recreational water rights application and submit its findings to water court. The legislation limited such applications to local governments only. The Water Conservation Board is holding public hearings to gather input about the rules and will begin the formal rule- making process in October. Written comments will be taken through Sept. 14. Board Director Rod Kuharich said the board was concerned that applicants could file for all available water in a river, "and maybe a world - class kayak course would command world -class water flows." Attorney Jeff Houpt of Glenwood Springs stressed the economic importance of recreational uses. "As we build these rules, it will be important to protect against the abuse of opportunity this presents," he said. "It's unfortunate that the rnli F'inaing is a'IasH to star t Bud Tell t'he Sentin, CI to D0 N Clic Ic file://C: \WINDOWS\ Temporary %20Internet %20Files \08.08.01 %20Water %20board %20wa 08/14/2001