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I ~ WATER AND LITIGATION suit against the federal government. In 1971. a U.S. Supreme Court decision, agreeing with the River District's position, forced adjudication and quantification of federal reserved ~ghts through the state courts just like any other water user. 'j\.ll>nd- a mark decision! ..' . lJIiver District accomplishments in the political arena have Worthy of note is the 16 years the River District labot.e~ to been rewarding, and the same is true in the courts at all levels of keep the federal government from taking over the Yampa River jurisdiction. The protection, conservation and development of in Northwest Colorado. The government claimed that Dinosaur Western Colorado water since the nineteen-thirties has required National Monument at the lower end of the River was entitled to an extensive, wide range of legal activities: filing for water massive flows to preserve everything in its natural state. A decrees, monitoring the activities of transmountain diverters and favorable ruling for the federal government could have shut off major developers, participating in environmental cases that have every new water user in the Yampa Basin of Moffat and Routt far reaching ramifications, etc. By law, properly executed trans- Counties since 1938. The lower court ruled in favor ofthe District mountain diversions are constitutional in Colorado, so the River in 1986; the federal government appealed to the Colorado District makes sure they are properly executed. If they aren't, Supreme Court and then surprisingly asked for dismissal ending litigate and, when appropriate. seek adequate compensatory the threat to the Yampa. storage. In 1985, a Federal District Court ruling established a new type The key to any water supply proposal in Western Colorado is of reserved right. reserved water rights in wilderness areas. often times an elaborate augmentation or substitution program United States claims lead to the date the wilderness was reserv- which must not injure other water users. When protection of ed making those rights senior to water users who for decades River District decrees or other water users is not obvious, it has believed their decrees to be senior in Colorado's priority system. been the standard procedure for the District to be in court filing Believing it to be unfair, unreasonable, unnecessary and opposition to the plan. If there are no injuries. the District then downright dangerous to establish reserved water rights in drops out. wilderness areas. the River District continues to work to defuse There have been a significant number of victories in court the threat. cases along with a share of losses during the last fifty years. One In association with the Colorado Water Congress, the River significant Supreme Court decision favoring the District deserv- District has been and continues to be a participant in a Special ing recognition came against the United States. Project dealing with threatened and endangered fish species. The As early as the 1940's. the federal government contended that intent is to hopefully develop a program to deal with the en- the United States owned and, therefore, could reserve all unap- dangered fishes under the Endangered Species Act, and at the propriated water in western streams. This was viewed with same time give consideration to the needs of the people. alarm by water agencies including the River District since the Conflicts between the development of water resources and en- process of acquiring water in Colorado was a function of state dangered fish surfaced in the late 1970's and intensified over the courts under state law, not the federal courts. years. In the early 80's. the U.S. Fish and Wildlife Service came The River District board took a strong stand in the matter and up with a Draft Recovery Program intended to protect those fish determined the Colorado River District should make every effort considered to be endangered. The essence of their program eHec- to compel the United States to quantify its reserved claims and to tively took all the remaining water in the Colorado River system do so in state water courts. above Lake Powell for the fish. Recognizing the potential dangers The pot simmered. then in the late 60's, the River District filed of such a proposal. the River District took a lead position in work- 14