WSPC07422 - Laserfiche WebLink

Home Browse Search

"' '. Water battle flows forward "Classifieds Employment Real Estate Rentals Real Estate Weeklv Virtual Tours Automotive Merchandise IIMenu News Obituaries Opinion The Blotter Photos Archives Sports Preps Colleqe Professional Outdoors Features Out & About Entertainment Games Food You said it! Travel Announcements Health Archives Money Stocks Lotterv Weather National Marketplace ~ . Search GJSent!neLcom fer ~". '; Water battle flows forward Tuesday, November 09, 2004 A conservation organization moved a step closer Monday to a hearing on whether the federal government can be forced to demand more water in the Black Canyon of the Gunnison National Park, The Colorado Supreme Court declined to get involved in the case, clearing the path for resolution of a federal court lawsuit brought by Trout Unlimited against the U,S. Department of the Interior. Trout Unlimited says in its suit that the federal government "abdicated its responsibility" when it agreed last year to a minimum flow of 300 cubic feet per second through the Black Canyon, said Drew Peternell, a lawyer for Trout Unlimited. The state high court's refusal to get involved in the case represents a "small victory" for the conservation organization, which now has a clear path to pursue its main claim in federal court, Peternell said. "The federal government has an obligation under the statutes to preserve the environment of the Black Canyon of the Gunnison National Park," Peternell said. In making an agreement with the state last year, the Interior Department "failed to fulfill their obligations to preserve the park." The Colorado River Energy Distributors Association would have preferred that the high court lift a stay issued by the water court in Montrose and required the court to move ahead, said Leslie James, executive director of the association. "We need to get on with this," James said, noting that the Bureau of Reclamation is seeking comments on the environmental study of the operations of the Aspinall Unit on the Gunnison River. All alternatives in the study include the agreement with the state, James said. Even though the majority ruling was a disappointment, James said a dissent by Justice Greg Hobbs "contains some clear advice" to the federal courts, she said. Hobbs said the Colorado Water Court should decide the issue first, and that the decision for the state to not be involved would slow the entire process. The reasons for the lawsuit are twofold, said Melinda Kassen of Trout Unlimited. Not only does the organization reject the idea of the settlement, but also the nature http://www.gjsentinel.com/news/content/epaper/editions/tuesday/Gunnison _ suit.html Page 10f2 a: c.: ct - II .. a: .. .. ct E Real Esta' Weel CUditlerf: rn ~ 00200S 11/9/2004