water to be stored in Blue Mesa Reservoir.
<br />This meant that water could be continu-
<br />ally released from the Taylor Park reservoir
<br />for further storage in Blue Mesa — thereby
<br />enabling the Taylor River below Taylor
<br />Dam to be operated as a river again, not an
<br />on -again off -again irrigation canal.
<br />Jennings, Bratton and the Uncompahgre
<br />Users worked out and signed a com-
<br />plex agreement to that effect in 1975 —
<br />an agreement that, alone, would more
<br />or less have rendered Taylor Dam and
<br />Reservoir irrelevant. But Bratton and the
<br />Conservancy pushed the process farther
<br />into relatively uncharted territory: Taylor
<br />Reservoir's capacity was 110,000 acre -feet,
<br />but the annual flow through the res-
<br />ervoir averaged about 150,000 acre -
<br />feet, and considerably more in heavy
<br />snow years. So, since the Taylor
<br />Park reservoir was now being drawn
<br />down essentially to keep the Taylor
<br />River running, the Upper Gunnison
<br />Conservancy filed for enough water
<br />for a second filling of the 110,000
<br />acre -foot reservoir, for the beneficial
<br />uses legitimized by the 1968 Act —
<br />fish and recreation as cash crops in
<br />the Taylor River. The
<br />Historically, remember, the only
<br />"beneficial uses" recognized under
<br />Colorado water law were those that
<br />diverted water out of a stream; but over the
<br />past quarter century the law has loosened
<br />up to include rights for water "diverted,
<br />stored, or otherwise captured, possessed,
<br />and controlled" for some beneficial use.
<br />The refill claim depended on the fact that
<br />all Taylor River water had to come through
<br />the dam first, and was therefore clearly
<br />"stored... and controlled." But that "second
<br />refill" water was also clearly not going to be
<br />diverted; it was basically an application for
<br />an in- stream right. Colorado had led the
<br />way in 1973, in creating state -owned water
<br />rights for minimum in- stream flows for
<br />"environmental purposes," to keep streams
<br />from being completely dried up by legal
<br />users. But the Taylor "second refill" claim,
<br />filed in 1986, was revolutionary in Western
<br />water in that it was an in- stream right nei-
<br />ther state -owned nor for a mere 'minimum
<br />in- stream flow"
<br />The Division Four Water Court heard
<br />the Upper Gunnison Conservancy's "sec-
<br />ond refill" claim, and in 1990 granted that
<br />claim —an innovative decision made more
<br />significant because it effectively undercut a
<br />proposal for a huge pumped- storage project
<br />above Taylor Park to divert water to Denver
<br />suburbs. "When you're smaller," Bratton has
<br />said, "you've got to be smarter."
<br />Thus it was that those two paper transac-
<br />tions —the 1975 storage exchange agreement
<br />and the 1990 second - refill right —were all it
<br />took to resurrect the Taylor River from a river
<br />no more. But is it really a river again?
<br />It is very much a "man -made river"
<br />in some respects. The day -to -day opera-
<br />tion of the Taylor River is controlled by
<br />the Bureau of Reclamation, with formal
<br />input from the "Four Parties" to the
<br />1975 agreement: the Upper Gunnison
<br />River Water Conservancy District,
<br />the Uncompaghre Valley Water Users
<br />will probably see more frequently through-
<br />out the West as ever more users confront a
<br />finite supply of water.
<br />The river's fishery is also mostly man-
<br />made. According to a local Colorado
<br />Division of Wildlife official, there are still
<br />some wild cutthroat trout left in the river,
<br />but below a short public catch - and - release
<br />area at the foot of the dam and the five -
<br />mile private stretch, the Taylor is stocked
<br />throughout the summer season with exotic
<br />rainbow "catchables."
<br />To drive up the Taylor Canyon today,
<br />below the Taylor Reservoir, is to pass
<br />through a spectacularly beautiful place
<br />with only a handful of the increasingly
<br />ubiquitous lovely homes disrupting
<br />he sense of being in a thoroughly
<br />atural place. Yet to look beneath
<br />that surface appearance is to see
<br />hat might be considered the ulti-
<br />ate human illusion: a thoroughly
<br />ontrolled waterworks that has been
<br />ade to look as natural as nature
<br />could make it.
<br />So how should we think of this
<br />iver? Is this a restoration of the nat-
<br />al? Or is it the ultimate industrial
<br />16, repackaging of nature for human
<br />purposes? Is it maybe both in a kind
<br />of codependency? But down on the
<br />rocks at the edge of the Taylor,
<br />maybe flipping a fly over the water to
<br />the far side pool, another question might
<br />arise: Are those questions even worth wor-
<br />rying about? If, after the expenditure of
<br />vast quantities of money to control and
<br />manipulate the waters, we can manipulate
<br />them just a little farther so that their origi-
<br />nal beauty and "utility to nature" are there
<br />again, and yet they are still fulfilling the
<br />human purposes on which we depend —is
<br />this not a good thing?
<br />Take your rod up the Taylor and decide
<br />for yourself. ❑
<br />some of the largest rainbow trout in Colorado. This area is
<br />less than a half -mile long, and is visited by many anglers
<br />throughout the year.
<br />Association, the Colorado River Water
<br />Conservation District, and the United
<br />States Bureau of Reclamation.
<br />The "Four Parties" in turn consult with
<br />a "local users" advisory group made up of
<br />representatives from the reservoir conces-
<br />sionaires above the dam, the irrigators
<br />between the Taylor and Aspinall Dams, the
<br />local anglers group, the companies that run
<br />commercial rafts on the river, and a group
<br />of wealthy people who own and fence off
<br />most of the first five miles of river below
<br />the dam. These local users have some con-
<br />flicting desires. Rafters, for example, would
<br />usually like a higher flow than the fisher-
<br />men want; the concessionaires above the
<br />dam would like the reservoir kept as high
<br />as possible (meaning minimum releases);
<br />the irrigators want to take out water at
<br />certain times on their own schedule, et
<br />cetera.
<br />'But,they work out their differences in a
<br />very "grassroots" process, now being devel-
<br />oped more formally in other situations as
<br />"adaptive management ": an ongoing pro-
<br />cess of modifying management on the basis
<br />of continual feedback. It is a process we
<br />About the Author: George Sibley is a
<br />writer living in the Upper Gunnison River
<br />valley for most of the past 40 years. Since
<br />1988 he has taught journalism and regional
<br />studies at Western State College. As a writer,
<br />he has two published essay collections, Part of
<br />a Winter (1977) and Dragons in Paradise
<br />(2004). His essays and articles have appeared
<br />in Harper's Magazine, The High Country
<br />News, Mountain Gazette, New Age Journal,
<br />Colorado Central, Technology Illustrated,
<br />Crested Butte Magazine, and other local and
<br />regional publications.
<br />CITIZEN' S G U I D E TO THE ENVIRONMENTAL ERA 1 19
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