You Can Steal My Wife, But You Can't Steal My Water

Home Browse Search

-thee by t31dr[tf i diff -, tar'k �1 � -.lrc � 1).rl.;: l ,'_7 tom_ �'.J lt.i)a.�), r•. � N�.<kl -. r_t;,I ; ,., - - - t1a:Ilt tr J,:l?atn: ?tli{zrstor( t °Y rl }� ' �1zirT� ale�r.' lr ' i. 7r ., 1 •. 7 tY lit - i r t E (i � � r 1 i�0 E1t 1l '::,1 r :14j i t 7 c n ttttlr_ b`[' [ M;3S not tl P t PSt llse rlf tllt_ "5Lc1tP.S ip ec,ou esO�tl -t i0: 1h� ntik_� lie tutJ of the hydiogmph1, ' 1' obb' ,<1�1�11IErI ; }li7 11'i.? buff2lo, this argument was appealing as a means to an end, since to the method for harnessing the river's hj)l ll.O ?N. they agreed that farms and suburbs should take priority over " But the new state law," he rioted, "says municipalities are only kayaking.Butitwas also heresy because itconceded aroleforthe entitled to a' reasonable' recreationuse-- whatever that means. state in deciding howwater should be used. The AG's office, how- The issue of whether prior appropriation allows recreational ever, was desperate to head off a ruling that would divert water kayak courses is not yet settled in this state" from the growing suburbs east of the Front Range. To hell with 150 years of the Colorado doctrine, Sims and the water board RATHER THAN ENDING COLORADO'S WATER WARS, THE seemed to be saying; we need to protect this water. supreme court's decision dispersed them across the state. What Judge Hays couldn't believe what he was hearing. He gave was once a fight between the dry, populated east and the wetter Golden its l,000 cfs and spanked the state for sullying the purity west has become one between big cities and-fax-flung river of the Colorado doctrine. Golden's water rights could not be denied towns. Kayak courses are coming to small towns like Steamboat because of "concern for the quantities that should be left for Springs and Gunnison. But the people aren't. They're moving to future water users," Hays wrote. First in time, first in right. Period, cities like Denver, Aurora, and Colorado Springs, which need So poorly did the state fare in Hays's courtroom that panicked more water to grow. water board members ran to the legislature In the middle of the trial. Hastily, they'd written a bill to eliminate the right to divert Some water planners have their eye on a long -term solution: the Big Straw, which is, quite literally, a pipe &earn. The idea is to tap the Colorado River just before the river jumps the border into Utah. (That's legal under the interstate water compacts because, to date, Colorado hasn't had the r capacity to use its full allotment.) The Big Straw would capture the water and send it 200 miles east, into the kitchen sinks of Denver and Colorado Springs. But with cost estimates running as high as $i5 billion, the voters have balked. In November, they defeated a referendum to float a $2 billion bond issue that would have paid for new water projects. Which leaves the booming 'burbs coveting the water that's used by their neighbors. Take, for instance, Colorado Springs. The city expects to outgrow its current water supply in four years as its population grows from 372,000 to an estimated 427,000. So in the best Colorado tradition, Colorado Springs is asserting its sen- ior rights to the water and moving across its neighbor's land to grab more. The problem is, its southern neighbor —the city of Pueblo —needs that water. For a kayak course. Every town with a stream could roll a boulder into the water, call it a kayak course, and lock up the river's a river for a kayak course. The Colorado Assembly rejected an outright ban, but passed a Jaw allowing towns eager to build kayak courses only enough water to ensure a "reasonable recre- ational experience." Meanwhile, the state appealed Hays's ruling. Then Vail and Breckenridge won their water court'trials, and the cases were bundled with Golden's for one "super kayak" showdown before the Colorado Supreme Court. There were 43 friend -of- the -court , briefs filed —an extraordi- nary outpouring of interest evenfor a high - profile case— andthey were almost evenly split. Lining up with the state were the farm- ers and the expanding metropolises of Colorado Springs, Denver, and its suburb, Aurora. Supporting Golden were smaller, tourist - hungry towns like Boulder, Leadville, Silverthome, and Grand Junction. Trout Unlimited argued that using the river's flow for kayak courses was good for its ecology. Recreation groups touted the economic yield from river sports, which the Colorado River R Outfitters Association put at $45 million a year for the state. Porzak and Sims replayed their battle before six supreme court justices and a packed gallery. The seventh judge on the court had been forced to recuse himself because he'd formerly represented a state irrigation district that was siding with the Water Conser- vation Board: That judge was Gregory Hobbs —the court's most knowledgeable judge on the subject of water lawn Without Hobbs to guide them, the other members of the court deadlocked, 3 -3. Last May, the Colorado Supreme Court issued a three- sentence verdict: In light of the tie vote, Golden's victory in the water court would stand. Terry Tucker and his playboat would enjoy the river's full roar. Hobbs naturally can't say how he would have voted on the Golden case. But the veteran jurist gets a gleam in his eye when 52 Juiyl August 2oc4 COLORADO SPRINGS WAS ONCE A MODEST ENCLAVE OF MIN - ers, military personnel, and their families. It's now a sprawling bedroom community. Seventy miles south of Denver, the city is growing so fast that you can watch it expand, framing stud by framing stud. At the eastern boundary of a suburban develop- ment called Springs Ranch, hundreds of acres of new three -bed- room, three-bathhouses curl around asphalt streets with names like Campstool Drive. Every driveway seems to boast a new SUV or heavy- payload truck. Lawns are as green as they come. Colorado Springs has going for it decent schools and reason- ably cheap housing. It also has a clean -cut, family - friendly cul- ture— the Air Force Academy, the U.S. Olympic Training Center, and the Christian group Focus on the Family are all based there. And then there's the high Rockies location. "The weather's nice, and I can run up to the mountains anytime I want," said Diana Calkins, a 58- year -old floral shop owner who recently moved into Springs Ranch.