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<br /> <br />, DenverPostcom - News: Colorado and Denver <br /> <br />Page 2 of 3 <br /> <br />water attorney. <br /> <br />. <br /> <br />"Do you want more state control over water development, or <br />do you want to leave It up to the local government entities? To <br />me, that is the issue in this case," Porzak said. "It's all about <br />power," Those who support instream flows for recreational uses <br />such as boating and fishing agree. <br /> <br />"It's about old West consumptive water uses - taking water out <br />of the stream for drinking water, industry - vs. New West <br />recreational uses for flowing streams," said Kelly Custer, an <br />attorney for Trout Unlimited, a fishing group that works to <br />protect instream flows. <br /> <br />"The people of the state are demanding water for new uses. <br />The "same old, same old' isn't cutting it. Public opinion is going <br />one way, and this oid water system is going another way," <br />Custer said. <br /> <br />Porzak argues that recreationai use is as legitimate as irrigating <br />farms, providing drinking water or watering lawns or golf <br />courses, and several court cases back him. <br /> <br />. <br /> <br />Golden estimates that $4 million pours into town annually <br />because of the kayak course, and it has helped spur a <br />revitalization of an old-style downtown unheard of in Denver's <br />suburbs because it involves no mall project. <br /> <br />Golden and the water board are set to go to trial in the dispute <br />in March, but the alarm bells over the case have been ringing <br />for months. Several upstream towns have chimed in against <br />the Golden plan. <br /> <br />"None of the towns up here couid grow if they get all they are <br />asking for. We are up against a brick wall," said Mayor Gregory <br />Heine of Silver Plume. "It's not right what they are doing with <br />the kayak park. They are going to cut off people's drinking <br />water." No one feels that more acutely than Silver Plume. The <br />town of 200 has such a "junior" water right on Clear Creek that <br />the town's water supply can be cut off during dry spells, as <br />occurred last summer. Its right is cut off so that more "senior" <br />users downstream - often major metro cities that gobbled up <br />the water rights on the creek - can get their water. <br /> <br />Georgetown and Empire are in similar positions. <br /> <br />"A new Goiden water right will have a say on everything that <br />comes later," McAuliffe said. <br /> <br />. <br /> <br />The Georgetown Loop Railroad depends on Silver Plume's water <br />and wouid be the first customer cut off if Siiver Plume runs out <br />of water. If it came down to making water available for the <br />train or the kayak course, there's no question which should get <br /> <br />http://www.denverpostcomlnews/news0212a.htm <br /> <br />2/12/2001 <br />