WSPC03219 - Laserfiche WebLink

Home Browse Search

., '" Page 2 ot . arid lower base 3,250 water rights, In a drY year, it's.kely that any true "peak" flow would be left over for the Black Canyon. Wendy McDermott, executive director ofHCCA, contends that the environmental needs of the Black Canyon are simply not met by the agreement between the United States and State of Colorado, "We wanted the natural hydrograph restored," says McDermott, In June, the same five environmental groups filed a brief with the state water court, requesting that the state court reject the state-federal agreement. While that complaint has vet to be resolved, the new federal court complaint seeks to refine issues related to the state ~ater court complaint. Consequently, the plaintiffs are hoping for a stay, or temporary halt, to the state water court complaint while the other one moves forward. The latest federal court complaint alleges that the federal government violated several provisions oflaw, including the National Park Service Act, the 1999 Black Canyon Act, the Administrative Procedure Act, and the National Environmental Policy Act. "Through federal legislation, Congress has made it clear that the highest standard of protection must be provided for national parks and monuments. Yet, the United States is abandoning almost all of its reserved water right, which would provide for the park's needs for present and future generations," says McDermott "The communities surrounding the Black Canyon rely heavily on tourist dollars. Every year, the park generates as much as $12 million in revenue to a rural part of Colorado. If Black Canyon water rights truly become secondary to the Aspinall Unit's at Blue Mesa, we could very well see massive water exports out ofthe Gunnison Basin to the bluegrass lawns of the Front Range, leaving us with a virtually empty canyon." When the five groups filed the initial complaint in state water court, several other groups formally expressed their objection to the environmental groups' efforts. Those entities objecting to the environmental groups' objection included the local Upper Gunnison River Water Conservancy District (UGRWCD), the State of Colorado, the Colorado Farm Bureau, the Colorado River Water Conservancy District and the Colorado River Energy Distributors Association. In short, the aforementioned groups considered the agreement's terms amenable and did not think that the environmental groups had a right to ask for any changes to it. John McClow, legal counsel for the UGRWCD, explained that they filed the joint objection because they did not feel that the environmental groups had the authority to ask the courts for higher flows and that the courts themselves do not have jurisdiction to do so in any case. And with the new federal district court filing, that has not changed. "It is my opinion that the law is crystal clear," says McClow, adding, "The environmental groups say, 'We're the protectors ofthe environment and since the U.S, is abdicating that responsibility, we'll do everything we can.' That's an admirable sentiment but they don't have the authority [to ask the court to increase flows]." Still, the environmental group coalition will move forward with the complaint in an attempt to prove that the federal government has acted illegally. "The park was created specifically to protect the Black Canyon's spectacular gorges and additional features of scenic, scientific, and educational interest," said Bart Miller, an attorney for four of the groups and Water Program director for Western Resource Advocates (formerly the Land and Water Fund of the Rockies). "The government's own scientific analysis shows that preserving these features of the park requires preserving the natural flow patterns of the river. Yet the government has illegally given up these flows." Miller believes that the next month or so will be spent working on gaining the stay on the state water court complaint. Then work on the federal complaint will commence as long as federal entities are not, as he put it, successful in "scuttling" the latest complaint. "ocal News 002Q09 lttp://www.crestedbuttenews.com/news4.html 9/12/200: