Upcoming Bill Threatens Colorado Water Rights

A bill is expected to be introduced in the Colorado State Senate sometime next week that would radically diminish the ability of Colorado towns to secure water rights for whitewater parks – unless it is amended.  The bill is titled SB37, has already made it out of committee, and is sponsored by Senator Isgar. 

  

Water-based recreation and tourism, such as rafting and kayaking, contribute significantly to Colorado’s economy and quality of life by bringing additional dollars to communities across Colorado and their businesses. Whitewater parks provide revenue for communities during the off-season when businesses tend to be slower.  Recreational In Channel Diversions (RICD’s) are critical to keeping enough water in Colorado rivers and whitewater parks, and benefit a whole suite of recreationists and aquatic organisms. 

 Whitewater recreation benefits Colorado ’s tourist economy:

 

 

·              Whitewater enthusiasts spend their afternoons, evenings and weekends not only

in the whitewater parks, but in the local businesses such as hotels and restaurants of the communities hosting these parks;

·              The Arkansas River contributes over $80 million annually toChaffeeCounty ’s economy from commercial rafting and kayakers and other water activities;

·              The City of Golden estimates that its recreational water park brings in $1.4 to $2 million annually.

 The Conservation Community opposes SB37 without the addition of Senator Grossman’s second reading amendments which would:

 

 

·              Allow recreational in-channel water rights for all types of boating, not just kayaking;

·              Remove overly burdensome reporting requirements including counting every kayaker in the water;

·              Provide certainty to local communities that the legitimacy of the water right won’t be continuously re-litigated; 

·              Amend language, unique in water law, requiring 90% of the water be available in order to place a call on the water right. 

 If SB 37 passes without these amendments, the ability of local governments to acquire and use these water rights will be severely diminished.  It is unlikely that local leaders will invest public funds to create these recreational amenities if the necessary stream flows cannot be protected.

We believe that recreational water rights should not be treated differently than other water rights and should not be held to unreasonable and prohibitively costly standards that other water rights do not have to follow.

 

 

Conservationists, recreationists, and several impacted cities and counties are working to find a compromise that encourages responsible use of these recreational water rights.  

A quick call or email to Colorado Senators over the next few days, in support of the Grossman amendments could really help protect water rights for whitewater parks.  This represents a great opportunity for paddlers to keep water in rivers – just by being paddlers – and by voicing your interests. 

Contact one or more senators at http://www.state.co.us/gov_dir/leg_dir/senate/members/index.htm

Read the Bill at:  http://www.leg.state.co.us/clics2006a/csl.nsf/fsbillcont3/4981C94D5B354A298725707600693A91?Open&file=037_01.pdf