WSPP00010

• File Number: 8064
• Description: Indian Water Rights
• State: CO
• Date: 6/1/1990
• Title: Colorado Ute Indian Water Rights-Final Settlement Agreement-December 10 1986-Water Rights-Vol 3 No 6
• Water Supply Pro - Doc Type: Publication

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around Spring Lake and has tried to resuid access to it.
A city ordinance prohibits anyone from being on the
lake if one enters or leaves it by lrespassing on private
property.l..ast March. Rodney Holbrook. a local
sportsman, received a citation for ltespassing while fISh-
ing 00 Spring Lake. Holbrook ultimately cleared himself
of the charges by proving that he got to the lake via a
piece of land that is owned by a local college and is open
to public access. Aquarena Springs quickly leased this
piece of land from the school and once again declared
Spring Lake closed to the public.
Holbrook was sufficiently irritated by the incident
that he brought the malter to the auention of the state at-
torney general. asking whether or no( Aquarena Sp~
bas the right to lick anybody off the lake. '1'he only
reason I raised a stink was because they {detainedl me."
Holbrook says.. "I thought lhat was pretty dadgum bad.
They're the ones who opened the can of worms."
According to a report released by the anomey
general. Aquarena Springs' water-rights certificate clear-
ly states the uses to which the waler can be put - and
[here its rights end. The water remains the property of
the state, and, according to the report, the Slale constitu-
tion and a number of court cases give the public access
to Slale waters. "We do not question Aquarena's right to
carry on its business and to use the walers of Spring
Lake as provided in tbe certificales of adjudication.
Nevertbeless., Aquarena's waler rights do not preclude
tbe public's navigalion of Spring Lake," says tbe draft
Sludy.
Nor can Aquarena seal ofT the lake by gaining control
of the land around or under tbe water. The report says
thai a large body of law, dating back to the days Texas
was in Mexican bands., grants the public the right to use
tbe shores of navigable rivers., such as the San Marcos,
even if the land leading up 10 the river is privately held.
Andrew White, general counsel for Aquarena
Springs, declined to commenl on the specific points
raised in the report. "We've been asked specifically to
respond to the anorney general, and we feel \Joo'e should
respond directly to him," be says.
In the inlerim, the fale of the lake remains uncertain.
The Slate is now organinng talks witb the various parties
involved, although David Preisler, tbe Texas Jl~uo:.tant al-
torney general wbo coauthored the report, refused to
characterize the discussions as negotiations. In the mean.
time, he sa~ "We've bad a number of calk from people
wbo wanted to bow the status of tbe lake. We're advU.
ing people nol: to go on the lake until this process has
run its course."
Nevertheless., since tbe report was issued, many swim.

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8 JUNE 1990

mers and sportsmen have insisted on their right to use
Spring I...ake. White stresses that the report is still in
preliminary stages, and so has no force of law. Thus, be
sa~ the resort will continue 'Nitb business as usual, as.
king unauthorized people to leave.

ASCE CONFERENCE TO OFFER
WATER.SUPPLY SOLUTIONS

The nation increasingly (aces a host of water.supply
problems, ranging (rom drought to polluted ground
water. During Aug. U-l6, ASCE will assemble
dozens of waler experts (rom around the world to offer
solutions to these problems. The conference, called Con.
serv 90, will be held in Phoenix, and will cover all aspects
o(waler.supply management., from modernizing water
rights to mariminng water reuse. In addition, Conserv
90 will feature a comprehensive exposition o( vendors
dealing in Wiler-supply products. For more information
on the conference, contae! Conserve 90, 6375 Riverside
Drive, Dublin, OH 4.3017; tel. 614n61.1711. Or contact
Marie McGuiness, A5CE, 34S E. 47tbSt.. New York. NY
10017; tel. [phone].

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. I thirst for the Information that will make me an
lnalder In the "eld of water rlghtl:. Enter my
one year aubKrlptJon to WATER RIGHTS.

Name
Address

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o End06ed is my remittance (or S9S (or)
Charge my 0 Vosa 0 M&lacard 0.- 0 American
fup<ess card.
Account No.
Expiration Date
S~
ASCI! m No. (d applicable)

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Ma.il your order to WATER Rrmm Department
881W, ASa.,34S E. 47tbS~ New York. NY 10017.
Or to order by pbone, call8OOlS48-ASCE.

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