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<br />1-"70 SCOUT
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<br />Tuesday, February 10, 2004
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<br />.&airie;GOld
<br />. Engineer: No new water molecules in Colorado
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<br />"There jlrc no new moJecuJes of w.a-
<br />ter in the state of Colorado," said Jens
<br />Danielson in 1987, then Colorado's wa-
<br />ter engineer, the man in charge of all
<br />wate!' decisions for the state.
<br />Danielson spoke at Adams Slale Col-
<br />lege inAlumosulo a hastily-called meet-
<br />ing of represemDl;Ye5 of the San Luis
<br />Valley's water districts afler Denver-
<br />based American Water Development
<br />applied on the last day of 1986 to pump
<br />200,000 acre-feet per year for 100 years
<br />from the San Luis Valley Confined
<br />Aquifer, believed by engineers from the
<br />U.S. Geological Survey to contain 2 bil-
<br />lion acre-feet of water, which would
<br />make it the second largest ground water
<br />aquifer on the North American conri-
<br />nent.
<br />Representatives from the Rio Grande
<br />Water Conservation District and the Rio
<br />Grande Water Users Association knew
<br />what the AWD application meant-
<br />they hired water lawyer David Robbins,
<br />who later would lead the legal learn rep-
<br />resenting Colorado's interest in the
<br />Colorado-Kansas case, concerning Kan-
<br />sas' claim that water users on the Ar-
<br />kansas River had been stiffmg the down-
<br />stream slate [or decades.
<br />Robbins. unforgettable because of his
<br />handlebar mustache and wit, won the
<br />A WD case in Alamosa water court, then
<br />in the Colorado Supreme Court, and
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<br />then in the Supreme Court.
<br />AWD declared bankruptcy and the
<br />$1.3 million in attorney's fees it owed
<br />the valley's water districlS was not paid.
<br />There an: no new molecules of water
<br />in the sIDle of Colorado.
<br />The water of Colorado is spoken for,'
<br />or appropriated, in the language of
<br />. Danielson's fanner office.
<br />The recent statements by Sen. Jack
<br />Taylor, R-Sleamboal Springs, that
<br />nearly two thirds of the water rights in
<br />Grand County are now owned by Front
<br />Range interests, primarily Denver Wa-
<br />terand the Northem Water Conservancy
<br />District, and that his proposed water leg-
<br />islation, now in committee, requires a
<br />water court judge to mandate an en-
<br />forceable mitigation plan before water
<br />rights are transferred. resound.
<br />Then to read that the Statew ide Water
<br />Supply Initiative, an 18.month study
<br />conducted by the Colorado Department
<br />of Natural Resources and the Colorado
<br />Water Conservation Board projects, in
<br />the study's mid-term report released Jan.
<br />28, that the state needs an additional
<br />708,000 acre-feet of water to meet ba-
<br />sic needs of the municipal and indus-
<br />trial agencies by 2030 and that needs in
<br />the South Platte River basin will require
<br />60 percent more water than exists to-
<br />day, casts an ominous gloom.
<br />Mostly in the first half of the 20th cen-
<br />
<br />J
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<br />tury water rights holders in Crowley
<br />County sold the water rit?hts from un-
<br />deme~th 90 percent of the-irrigated land
<br />there (0 the chies of Aurora Hm) Pueblo.
<br />Many of lhosesales were arranged by
<br />a Denver attorney named Glenn
<br />Suunders.
<br />The cities did not have to build new
<br />pipelines.
<br />Pueblo just took the water out of the
<br />Arkansas River as it headed east onto
<br />the plains.
<br />Aurora, through the state's system of
<br />credits and shares. took the waler out of
<br />reservoirs near the Continental Divide.
<br />Turn on the water ~t the t'o1ucel, pUl
<br />your finger into the middle of the gush,
<br />and some of the water goes south
<br />(Pueblo), some goes north (Aurora).
<br />Saunders was one of a group of attor-
<br />neys at a Denver office thaI also repre-
<br />sented American Water Development.
<br />In case you forgot, AWD's team in-
<br />cluded some heavy hitters - Dale
<br />Shaffer, fonnerly of Denver Water, Dick
<br />Lamm, fonner governor of Colorado,
<br />Maurice Slrong, fanner undersecretary
<br />at the Uniled Nations, William
<br />Ruckleshaus, former director of the
<br />Environmental Protection Agency, and
<br />others.
<br />Years after the trial, Strong, then chief
<br />operating officer of Onlario Power, ad-
<br />mitted he still owned a minor share -
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<br />a tenth of a pt::rcent or so-orany rev-
<br />enues A WD Oliglu hilve realized.
<br />In 191)1 Icrms, 200.000 acre-feet of
<br />wDfer sold 10 water users would have
<br />grossed $2 billion.
<br />Stron!!'~ share the firsl vear AWD
<br />pumped-would Imve been $2 million.
<br />Waler ulways flows uphill toward
<br />moner. a potato farmer illlhe Sun Luis
<br />Valley likes to joke.
<br />All Coloradans love u good story.
<br />In this case the moral is there Ute no
<br />new mulecules of water in Colorado,
<br />and that the wllter jn Colorado i~ .appro-
<br />prillled.
<br />Circle the wilgons.
<br />Adjudicalc your well.
<br />Protecl your water rights.
<br />Sell the water rights, am} your best
<br />friend will be a soil (;onservlltioll dis-
<br />tricr agenl trained 10 milke grass grow
<br />On dewillered land lalking about some-
<br />thing culled holistic resource manage~
<br />men!.
<br />Ask those in Crowley County.
<br />Don't sell, and the well dressed gang
<br />at the door waving cash might see you
<br />again in court to begin condemnation
<br />proceedings.
<br />Is there u Wal-Man in your future?
<br />Of course. the agencies. legislators
<br />and attorneys have an option.
<br />. Close Colorado.
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<br />-John Hill
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