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<br />. <br /> <br />. <br /> <br />1-"70 SCOUT <br /> <br />. <br />. <br /> <br />Tuesday, February 10, 2004 <br /> <br />.&airie;GOld <br />. Engineer: No new water molecules in Colorado <br />. <br /> <br />. <br /> <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 <br /> <br />. <br /> <br />. <br />. <br />. <br />. <br /> <br />. <br />. <br /> <br />. <br />. <br /> <br />. <br />. <br />. <br /> <br />. <br />. <br /> <br />. <br />. <br />. <br /> <br />. <br />. <br /> <br />. <br />. <br /> <br />. <br />. <br />. <br /> <br />- <br /> <br />- <br /> <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 <br /> <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 - <br /> <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. <br /> <br />-John Hill <br /> <br />, <br />, <br />