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,2 J r-r <br />lA- <_ A. ✓% U 0 I <br />CC (',', Qc <br />-e a o- 2 2 <br />Fort Lewis College. The purpose of the <br />prior to any construction," she said. "The <br />2002, Since then, several municipalities <br />meeting is to consider the city's recent, <br />RICDs will protect the city's investment in <br />have acquired the rights, including <br />application for recreational in- channel <br />the Durango Boang Park and provide a <br />Gunnison, Steamboat. Springs and Golden, <br />diversionrights,.gr RICDs. <br />reliable source of water for recreational use <br />but not before rejection from the state <br />"We have to show beneficial use - in a <br />in the mature" -` -" -- "- --"- <br />Water board and legal battles in state wafter <br />nutshell that's the baseline for Colorado <br />However, several groups and individuals <br />' court. Last spring, the Colorado Legislature <br />.water law, ".said Durango Director of Parks <br />have come out against all or part of the <br />passed another bill, co- sponsored by Sen. <br />and Recreation Cathy Metz, who will be <br />idea, .including La Plata County, the <br />Jim Isgar, D- Hesperus, meant to rein in the <br />one of several presenters talking on behalf <br />Southwest Water Conservation District and <br />amount of water municipalities could <br />of the city. <br />Animas Valley Ditch Owners. Chief among <br />request and further restricting parameters <br />Once testimony - both pro and con - is <br />the opposition's concerns is , that imple- <br />of the water, rights. However, the city sub= <br />heard, the board will recommend to the <br />mentation of the in- stream water rights will <br />mitted its request before the new law, thus <br />Colorado Water Court whether or not to . <br />deprive upstream users of future develop- <br />making it subject tc i 'the prior rules, Metz <br />approve the application. ' I I <br />ment water and fail to satisfy the Colorado <br />said, She.walso said the city is, prepared for <br />The city submitted the application on <br />River Compact, whereby water will flow, <br />denial, viewing Monday's hearing as more <br />Feb. 28 for between 185 and 1,400 cfs of in- <br />unused, out of state. <br />of one, tteo in the process. <br />stream flow, depending on the season, for <br />"Administration of the Durango RICD, <br />'Don't be surprised if it's denied;» she <br />the proposed Smelter Boating Park on the <br />as proposed, would impair the ability of <br />said: "Generally, the recommendation of <br />River. <br />develop <br />conservation board is to deny <br />l structures, or play features, over the <br />control <br />umptive beneficial use it co entitle- <br />» <br />such requests." <br />course of about 1,200 feet. The u <br />upgrades to <br />menu wrote the conservation district in a <br />From there the city will move to <br />the park, which was the first of its kind in <br />pre- hearing statement to the state water <br />Colorado Water Court, where its case will <br />the nation when built in the late - <br />board. "' `' <br />b6` tMM "'�� p1� +____?__ A unty <br />would cost an estimated $500,000, with <br />La Plata County also objects to the city's <br />Courthouse by District Judge Gregory" <br />work slated for 2009. <br />application based upon concerns over the <br />Lyme,: -Tie-heaY"tng is set for May of 2007. <br />Metz said whitewater recreation is a <br />. county's upstream constituents and its <br />And although' the state water board has <br />viable source.of income for the city, with 10 <br />future ability to develop water use for resi- <br />already indicated a leaning toward denial <br />commercial rafting and kayaking permits <br />dents in the northern county. <br />in a pre- hearing, statement; water court his- <br />for the Animas River issued in 2005. The <br />Any future water ' rights : applicants <br />torically has had a different take, Metz <br />RICDs are just a way for the city to ensure <br />would be considered junior to the city and <br />noted. <br />that this revenue stream continues, as does <br />thus subject to availability, depending on <br />"In the past, the water board has recom- <br />the river that supports it - <br />flows. <br />mended against RICDs but in every case, <br />"While the City of Durango is prepared <br />The idea of RICI?s is a somewhat new <br />the judge has decided in favor of RICD <br />to invest in these improvements, it is essen- <br />and controversial one in Colorado, with, <br />applications. That gives us an idea of what <br />tial that the RICD water rights are secured <br />the state legislature, approving them in <br />we'll be up against." ■ <br />