CWCB: HB10-1051 Conservation Data Collection DRAFT Guidelines Available for Public Comment

From email from the Colorado Water Conservation Board:

In 2010, the Colorado General Assembly adopted House Bill 10-1051, an Act Concerning Additional Information Regarding Covered Entities’ Water Efficiency Plans. The Bill requires covered entities to annually report water use and water conservation data to the CWCB to be used for statewide water supply planning. The Bill also directs the CWCB to adopt guidelines regarding the reporting of water use and water conservation by covered entities, and to report to the Legislature regarding the Guidelines.

For the past 10 months the CWCB, with the invaluable support and detailed input from two advisory groups representing a diverse group of stakeholders, including many municipal water providers around the State, has been working on a draft set of Guidelines Regarding the Reporting of Water Use and Conservation Data by Covered Entities. The process has also developed a set of accompanying documents to support the Guidelines and their implementation.

The Draft Guidelines Regarding the Reporting of Water Use and Conservation Data by Covered Entities and Appendices are posted on the CWCB website and are available for public comment. The public comment period will run for 45 days and end at 5:00pm on October 29, 2011. We encourage the public to review the Guidelines and documents and provide the CWCB with comments. Please direct any questions or comments to Veva Deheza, Section Chief, Office of Water Conservation & Drought Planning, at 303-866-3441 ext. 3226.

More CWCB coverage here.

2011 Colorado legislation: HB 11-1286 (Clarify State Engineer Nontributary Rule Authority) passes state Senate

From The Durango Herald (Joe Hanel):

House Bill 1286 tells the courts to give deference to state water regulators, who adopted maps last year to show when gas and oil wells need to be given greater scrutiny to make sure they don’t injure the water rights of nearby landowners. Farmers and ranchers have sued the state over the rules, saying they are a giveaway to the gas industry. HB 1286 passed 35-0, and the bill is now on its way to Gov. John Hickenlooper.

More 2011 Colorado legislation coverage here.

2011 Colorado legislation: HB 11-1300 — Conservation Easement Tax Credit Dispute Resolution

From The Pueblo Chieftain (Patrick Malone):

Under HB1300, easement donors whose claims are being disputed by the Colorado Department of Revenue could forego hearings before the Department of Revenue and take their cases straight to court in a jurisdiction close to home. The bill includes a provision that would remove the surety bond requirement that is presently necessary to take a conservation easement case to court. The prohibitive sum of those bonds has been a barrier to challenging easements in dispute for some landowners in the past…

One aim of HB1300 would be resolution of easement challenges that are pending. To that end, it calls for suspending interest and penalties against donors who willingly participate in resolution of their cases through district court. The bill’s primary sponsors are Rep. Marsha Looper, R-Calhan, and Sens. Kevin Grantham, R-Canon City, and Jeanne Nicholson, D-Black Hawk. Its first hearing will be in the House Committee on Finance.

More 2011 Colorado legislation coverage here.

2010 Colorado gubernatorial election transition: What should Colorado’s water strategy look like under a Hickenlooper administration?

Water policy is surfacing as the top issue for the incoming administration. The governor has appointed John Stulp to a top-level water position and has repeatedly mentioned water as a priority. Mr. Stulp’s role will be to shape water policy. From email from Mr. Stulp via the Colorado Water Conservation Board:

As the new IBCC director, I am looking forward to a lively discussion regarding the report the IBCC sent to former Governor Ritter and Governor Hickenlooper. As part of my new charge, I’m seeking to engage not only the roundtables, a process that is underway, but also a wider set of the water community on this emerging framework. My goal is to have enough information on this framework that we can have a productive conversation at the March 3rd Statewide Roundtable Summit to improve the document with a geographically and politically diverse group of people in the room.

I have asked CWCB staff and the IBCC facilitator Heather Bergman, in support of the IBCC, to coordinate a public input process. You are officially invited to provide feedback in one or more of the following ways:

Facilitated Public Forums for detailed feedback on the Framework on both the West and East Slopes

o Feb. 4th 3:30-5:30 at the Warwick Denver Hotel, 1776 Grant Street, Denver, CO 80203

o Feb. 25th 1-4 , Glenwood Springs, CO (exact location for this meeting will be sent out next week)

Written Feedback Survey and Comment Opportunity, available at the Statewide Roundtable Summit webpage in the additional information section on the right side of the page. Additional comment emails or attachments may be sent to Viola.Bralish@state.co.us, but all are encouraged to take the survey. Surveys and written public feedback are due February 24th.

The March 3rd Statewide Roundtable Summit at the Doubletree Hotel Denver – North, 8773 Yates Drive, Westminster, CO 80031. Participants in the Summit are expected to participate in one of the above forums first. Registration is $25 for non-roundtable members to cover conference costs. Please register by clicking here.

In order to download a copy of the report, or hear IBCC members’ discussion with Governor Ritter, please visit the Statewide Roundtable Summit webpage.

Please let Jacob Bornstein know if you have any questions, comments, or concerns…

I look forward to learning from all of you,

John Stulp

Special Policy Advisor to the Governor / IBCC Director

I expect that Trout Unlimited will heed the call to help shape the framework since Drew Peternell has already offered an opinion in a recent Boulder Daily Camera guest column. Click through and read the whole thing. Here’s an excerpt:

In an age of water limits, can Colorado meet its water needs for agriculture, industry, and growing cities while also protecting its rivers and quality of life?

Yes – but only with creative solutions and strong leadership. Gov. Hickenlooper has a golden opportunity to move Colorado away from reliance on costly and destructive large dams and pipelines toward a smart water future built on low-impact alternatives such as conservation and reuse, small-scale storage, and innovative sharing arrangements between cities and farms.

We urge the new governor to seize the moment.

Governor Hickenlooper is the keynote speaker at Friday’s Wayne Aspinall Awards Luncheon to close out the Colorado Water Congress’ Annual Convention.

More 2010 Colorado election coverage here.

Water-smart home option now available to Colorado home buyers

From the Associated Press via KDVR.com:

New homes in Colorado are getting a small change in 2011 — builders are now required to offer options to save water. The law taking effect Saturday requires builders to offer the option of “water-smart homes” that include options such as low-flow toilets.

More coverage from Tim Hoover writing for The Denver Post. From the article:

House Bill 1358, sponsored by Rep. Randy Fischer, D-Fort Collins, and Sen. Mike Johnston, D-Denver, would require builders of single-family, detached homes to offer customers the option of water-conserving toilets, faucets and showerheads. The bill even specifies what kinds of fixtures qualify, noting for example that “toilets shall use no more than one and 2 8/100ths of a gallon per flush.” And if builders offer upgrades for appliances and landscaping, they also will have to offer homebuyers water-thrifty dishwashers and Xeriscaping.

More conservation coverage here.

Governor Ritter Creates Mediation Process for River Access Disputes

Here’s the release from Governor Ritter’s office (Myung Oak Kim/Todd Hartman):

Gov. Bill Ritter today issued a report outlining a series of proposals for resolving disputes between landowners and rafters in Colorado. He also signed an executive order creating the River Access Mediation Commission to provide a way for some of the most contentious conflicts between boaters and property owners to be addressed.

“I’m pleased to announce this report, and the formation of a mediation commission, so we can move forward in resolving these issues fairly and thoughtfully,” Gov. Ritter said. “I believe a mediation commission can work its way through these matters in a civil, reasoned way where all parties’ views are respected and considered in developing a resolution that could alleviate the need for litigation.”

The Governor’s River Access Dispute Resolution Task Force was a 17-member group created in July to help craft ways to sort out conflicts on Colorado rivers on a stretch-by-stretch basis as those disputes arise. Gov. Ritter created the task force through executive order as part of an agreement with stakeholders to set aside numerous conflicting ballot measures on the issue.

The task force report includes eight unanimous recommendations to the Governor on ways to limit disputes between various parties. The recommendations include creation of the River Access Mediation Commission to address the thorniest disagreements. Participation by disputing parties would be voluntary, and the commission would not have the power of arbitration. The report can be accessed on the website of the Colorado Department of Natural Resources at http://dnr.state.co.us/

“I commend the hard work of the task force in developing this report, and extend my thanks for its effort in working through difficult issues that required members to find common ground,” Gov. Ritter said. “The report includes a host of recommendations with great potential to reduce friction between rafters and landowners. I look forward to sharing the recommendations with Governor-Elect John Hickenlooper, and urge him, along with the State Legislature, to thoughtfully review the report.”

More coverage from the Associated Press via The Durango Herald:

The bill was prompted by disputes between landowners who don’t want boaters using waterways flowing through their property and boaters who say the state’s waters belong to the public. The conflict came to a head on western Colorado’s Taylor River last year when a developer told commercial rafters they could no longer float through his property.

“I believe a mediation commission can work its way through these matters in a civil, reasoned way where all the parties’ views are respected and considered in developing a resolution that could alleviate the need for litigation,” Ritter said in a statement.

More whitewater coverage here. More HB 10-1188 coverage here.

River Access Dispute Task Force meeting recap

From The Mountain Mail (Audrey Gilpin):

Arkansas Headwaters Recreation Area was presented as a “success story,” with park manager Rob White highlighting the citizens task force and river management plan as a way of monitoring river use and mitigating disputes among landowners, non-commercial boaters and private boaters. Comprised of anglers, private and commercial boaters, water users, environmental interests, property owners and local government representatives, White said the Arkansas headwaters task force creates a “communication tool” and management of the Arkansas River that’s “all about compromise,” White said…

The long-standing dispute about whether a “right to float” in Colorado exists or ought to exist, however, is not what the task force was charged to decipher. Mike King, deputy director of the Colorado Department of Natural Resources, said the task force is trying to find adequate processes and tools to mitigate disputes. Arkansas River Canyon landowner Tim Canterbury said he’d “hate” to see any standard go statewide. “We have a unique situation on the Arkansas River. Can you legislate respect?” he said…

Task force members will attempt to find “solutions” in dealing with problems identified during the meeting including criminal trespass, obstructions in the river such as diversions, fences and structures; issues with commercial and non-commercial boaters, volume of boaters and impact to natural resources. The Governor’s group will meet from 1-5 p.m. Oct. 13 in Glenwood Springs followed by a public input meeting from 5-7 p.m. The task force is to submit a final report to the governor no later than Dec. 31, identifying a framework for a “dispute resolution process for conflicts between rafters and landowners.”

More whitewater coverage here.

River Access Dispute Task Force meeting recap

From The Pueblo Chieftain (Tracy Harmon):

“We are going to try to get neighbors to meet with neighbors without having to have legislation,” said Bob Hamel, a member of the task force who also is Colorado River Outfitters Association president and owner of Arkansas River Tours in Cotopaxi. “We (outfitters) are not going to give up floating on any rivers in Colorado and it’s not about signing agreements, because every situation is unique.”[...]

Nathrop rancher Frank McMurry told the task force about his concerns from a private landowner’s perspective. He said he and other landowners feelvulnerable to lawsuits. “I own the last piece of private property before you go into Browns Canyon, and the carrying capacity is 300 rafts. With seven people in a raft, that is 2,100 rafters a day and that is not counting the private boaters,” McMurry said. “My property has become an attractive nuisance and rafters have caused a big part of that,” McMurry said. He described finding private boaters on his property who had set up a volleyball net and were playing volleyball. Another time, a group of private boaters had stopped to chase some of his heifers at a time when two bulls were with the cattle. “What if one of them was hurt by a bull? Who is liable for that? I think the state should afford us liability (insurance) as property owners,” McMurry said.

The public still can weigh in on the issue. Written input or comments may be provided to Governor’s River Access Dispute Resolution Task Force via e-mail at riveraccess@state.co.us, via mail at Colorado Department of Natural Resources, attention Kim Burgess, 1313 Sherman St., Room 718, Denver, CO 80203. For information, log onto the website http://www.dnr.state.co.us.

More whitewater coverage here.

Governor Ritter’s River Access Dispute Task Force to meet in Salida tomorrow

From The Pueblo Chieftain (Chris Woodka):

The 17-member Governor’s River Access Dispute Resolution Task Force will meet from 2 to 7 p.m. at the Upper Arkansas Water Conservancy District officers, 339 E. Rainbow Blvd. (U.S. 50). Public input is set from 5 to 7 p.m. The task force was created to help craft a dispute-resolution process to resolve future conflicts between boaters and private landowners on Colorado waterways. It met earlier this month for the first time, and additional meetings are planned in October and November…

Written input or comments may be provided to the Governor’s River Access Dispute Resolution Task Force. Written comments will be compiled and delivered to Task Force members for their consideration.

By e-mail: riveraccess@state.co.us

By mail: Colorado Department of Natural Resources, 1313 Sherman Street, Room 718, Denver, CO 80203. Attention: Kim Burgess.

More whitewater coverage here.

Governor Ritter names river access dispute resolution task force

Here’s the release from Governor Ritter’s office (Theo Stein/Evan Dreyer):

Gov. Bill Ritter today announced he has appointed 17 members to the River Access Dispute Resolution Task Force. The Task Force was created to help craft a dispute-resolution process to resolve future conflicts between river users and private landowners on Colorado waterways.

The Task Force appointments follow heated debate that occurred earlier this year over proposed legislation, a specific dispute along the Taylor River and the introduction of several ballot measures which have since been withdrawn.

The Governor appointed the following 14 members to serve as voting members of the Task Force. The terms expire at the pleasure of the Governor:

- Robert A. Hamel of Howard
- Greg Felt of Salida
- G. David Costlow of Fort Collins
- Thomas J. Klienschnitz of Grand Junction
- Leslie A. Tyson of Denver
- Jay P.K. Kenny of Denver
- Lee L. Spann of Gunnison
- James R. Ford of Pagosa Springs
- John G. Leede of Greenwood Village
- Charles B. White of Denver
- Jay Fetcher of Clark
- Paul C. Crane of Boulder
- Sen. Dan Gibbs of Silverthorne
-Undersheriff Richard D. Besecker of Gunnison

He also appointed three members to serve as non-voting members of the Task Force, also with terms expiring at the please of the Governor:

- Rebecca Swanson of Denver, to serve as a co-chair of the Task Force from the Governor’s Office

- Patrick D. Tooley of Denver, to serve as a non-voting ex-officio member and as a legal advisor to the Task Force

- Carolyn F. Burr of Denver, to serve as a non-voting ex-officio member and as a legal advisor to the Task Force

The executive director of the Department of Natural Resources, or a selected designee, will also serve as a co-chair. The charge of the Task Force is to develop a framework for resolving conflicts among landowners, anglers, commercial rafters, and the boating public on a stretch-by-stretch basis as disputes arise. The group will:

- Hold two public meetings in different parts of the state to gather stakeholder input.

-Hold at least four other open meetings to evaluate the public input and consider options for a dispute-resolution process.

- Prepare a final report with recommendations for the Governor and Legislature by Dec. 31.

More coverage from The Pueblo Chieftain (Patrick Malone). From the article:

The task force was created to help craft a dispute-resolution process to resolve future conflicts between river users and private landowners on Colorado waterways. During this year’s legislative session, a bill seeking to clarify whether rafters are entitled to float through rivers on private land failed to settle the question. The issue sprang from a dispute between a landowner along the Taylor River on the Western Slope and commercial rafters who for years had traversed the stretch through the land that the developer recently had acquired. The developer had threatened to halt passage through his property. A compromise was struck, avoiding about two dozen proposed ballot initiatives on the subject. The task force’s objective is to develop a framework for resolving conflicts between landowners, commercial rafters, anglers and the boating public on a stretch-by-stretch basis as disputes arise.

More whitewater coverage here.

2010 Colorado elections: Scott McInnis is standing behind his position that the lifting of Justice Hobbs’ writings was just a big mistake

Update: Rolly Fischer is on the video record now. Channel 7′s John Ferrugia interviewed him yesterday. Here’s the link to their video page. I could not determine how to deep link. From the article:

Ferrugia asked, “Rolly, is Scott McInnis lying to us?”

“Yes,” said Fischer.

Meanwhile The Denver Post’s Karen Crummy is reporting that Colorado Republican leaders are preparing for the eventuality that McInnis might drop out of the goveror’s race. From the article:

The name rising to the top of the list was University of Colorado president Bruce Benson, the 1994 Republican nominee for governor. Benson said he was dedicated to his current job. “We’ve made great strides at the university and have a great team of people,” he said. But asked whether he was open to being a candidate again, he said, “You never say no.”

Others being considered include former Congressman Tom Tancredo and state Senate Minority Leader Josh Penry, who had been running against McInnis in the primary but dropped out of the race in November.

From The Pueblo Chieftain (Patrick Malone):

Foes have characterized McInnis’ faux pas as plagiarism and called for him to leave the governor’s race, something McInnis said he won’t do. “There obviously was a mistake made, and the research associates did not have sufficient attributions,” McInnis told The Pueblo Chieftain…

McInnis identified the researcher who plucked the writings from Hobbs as Rolly Fischer, who worked at the Colorado River Conservation Board. “(Fischer) thought it was in the public domain and you could use that,” McInnis said. McInnis said Fischer “is sick about” the plagiarism allegations…

The candidate admitted some personal responsibility for the gaffe. “One: (Fischer) should ha ve attributed it,” McInnis said. “Two: In the process, I need to go through the research material.”[...]

Dave Dill, Pueblo County Republican chairman, echoed McInnis’ position on Carroll’s remarks. “Obviously, McInnis is running pretty strong, in fundraising and in the campaign in general,” Dill said. “Democrats are fearing he’ll take the primary. If he is indeed the front-runner, (Democrats) would be happy to have him out of the race. They are afraid.”

The Fort Collins Coloradoan editorial board is calling on McInnis to bow out of the race. They write:

McInnis should bow out of the governor’s race. Prolonging his campaign in light of news about the plagiarism would not serve his party and does not serve Coloradans. Quite often, during election season, candidates do try to discredit their opponents by revealing unflattering facts or situations about them. These “stunts” do little to educate voters and appeal to the lowest common denominator. But McInnis is flat wrong in believing that this revelation is only significant or news because he is a candidate for governor. Honesty and integrity matter as much for the dog catcher as for the governor, not to mention a former U.S. congressman. McInnis apologized for the mistake, but he didn’t assume responsibility. And there is a difference.

On Wednesday The Denver Post editorial board also indicated that McInnis should quit the governor’s race. Here’s an excerpt:

The plagiarism and other issues have cumulatively so damaged McInnis’ credibility that we do not believe he can be an effective governor. Even though McInnis acknowledged he made a mistake, he still spent part of Tuesday blaming a research assistant for the failure to credit the work. If you put your name on something and take money for it — a lot of money in this case — it is your responsibility to make rock-solid sure it is bona fide, original work that will stand up to scrutiny. The state’s chief executive must be someone Coloradans can believe in as the state suffers a stretch of tight budgets and a struggling economy. If Scott McInnis cannot be trusted to turn in what amounts to an overpaid term paper — without plagiarizing someone else’s work — there is no way he can be relied upon to guide Colorado through these complicated times.

Meanwhile, Ed Quillen sizes up the situation in a way that simplifies everything, in his column in today’s Denver Post. He writes:

At least McInnis had the good sense to steal from a good source, Gregory J. Hobbs, a water lawyer who has served on our state Supreme Court since 1996…

… Hobbs writes with clarity, grace and knowledge about Colorado water. And as the late Steve Frazee (a Salida novelist who died in 1992) once advised me: “Your writing is influenced by what you read. Consciously or unconsciously, you’ll imitate. So you should always read the best — Shakespeare, Cervantes, Dickens, Homer.” Except McInnis apparently wasn’t reading Hobbs on water, because the candidate has blamed his “research adviser,” Rolly Fischer of Glenwood Springs, for lifting the material.

More 2010 Colorado elections coverage here.

Rafting rift settlement leaves questions about the ‘right to float’



From the Associated Press via the Fort Collins Coloradoan:

Colorado’s governor on Tuesday announced that a group of river rafters and a real estate developer who didn’t want paddlers floating by his property reached a four-year agreement…

The developer’s move [to close a certain reach of the Taylor River] prompted an intense debate over who owns riverways in Colorado, where tourists flock in summers to ride some of the West’s best freshwater rapids. The developer said that rafting trips would disturb a fishing preserve…

A state lawmaker from Gunnison tried and failed to protect rafting rights in a bill considered last session. After the bill failed, both sides vowed to seek ballot initiatives to put the question to voters, and 24 separate questions have been proposed. The four-year agreement announced Tuesday calls for both sides to agree to recall those proposals. Ritter hailed the decision to withdraw the flurry of ballot proposals “courageous.”

However, the “right to float” question isn’t settled. The agreement applies only to the stretch of the Taylor River in dispute, leaving unanswered the question of whether property owners with public rivers on their land can prevent paddlers, even if the rafters don’t stop on privately owned banks. “I do believe it needs to be addressed,” [Matt Brown, an owner of Scenic River Tours] said of permanent floating rights…

Ritter said he’s set up a panel of landowners, commercial and recreational river users and even police to propose a statewide procedure for settling river disputes. The report is due by the end of the year, in time for lawmakers to consider permanent rafting rules next session.

More whitewater coverage here.

Rafting rift settlement



Here’s the release from Governor Ritter’s office:

Gov. Bill Ritter announced today an agreement has been reached between commercial rafting outfitters and private property owners along the Taylor River. The compromise clears the way for sponsors of 24 competing ballot measures to withdraw their respective proposals from the November ballot, averting an expensive and divisive election fight.

The Governor had asked two outfitters, Three Rivers and Scenic River Tours, and the owners of the Jackson-Shaw property, in May to find a mutually agreeable solution to their dispute.

Gov. Ritter thanked the parties for their hard work and willingness to find common ground. “To reach this accord, both sides had to make difficult concessions, and I appreciate their willingness to do so,” the Governor said. “Today’s agreement marks an important step toward opening a dialogue between landowners and rafters. My hope is that this dialogue will then lead to a fair and efficient dispute-resolution process for the future.

“Colorado’s rivers are essential to all Coloradans, not only for the vital drinking and agricultural water they carry, but also to our overall economy and quality of life,” said Gov. Ritter, who is an avid fly-fisherman. “Anglers, rafters and private landowners may all have separate and unique interests, but they all share a common Colorado interest that is bound together by doing what’s best for our children and the future of our state.

“I also applaud the decision of the sponsors to withdraw their ballot initiatives,” Gov. Ritter added. “The decision of these parties to withdraw these ballot measures was courageous and puts the interests of all Coloradans above their individual interests.”

Said Lewis Shaw, chairman and CEO of Jackson-Shaw Co., which owns the Wilder on the Taylor fishing reserve: “We are pleased to announce a resolution to the dispute on the Taylor River involving commercial rafting and private fishing property. Gov. Ritter has offered much-appreciated guidance to both parties to reach this settlement privately, avoiding possible contentious legislative initiatives or impositions. The agreement permits rafting companies Three Rivers and Scenic River Tours structured access through the private Wilder Ranch property while respecting each parties’ positions for their mutual enjoyment of this beautiful natural resource.”/p>

“Over the years, Colorado’s property owners and rafters around the state, working on a case-by-case basis, have found ways to accommodate each other,” said John Leede, president of the Creekside Coalition, which represents about 600 riparian landowners across Colorado. “We believe this long-standing approach has served Colorado well by balancing the needs of various interests. Our ballot issues were introduced to protect against legislative and ballot proposals from the commercial rafting community that we believed were one sided and would have disrupted the delicate balance between rafters, fisherman and property owners across the state. We are appreciative of the Governor’s leadership in resolving this issue and we will continue to participate constructively in future discussions around these issues.”

The withdrawal of the ballot measures also clears the way for the creation of a task force that will propose a dispute-resolution process to address future conflicts on Colorado rivers.

Gov. Ritter will convene a task force of stakeholders to develop a proposal for resolving conflicts among landowners, anglers and the boating public. The task force will be charged with developing a framework for resolving disputes on Colorado rivers on a stretch-by-stretch basis as those disputes arise. This approach recognizes that disputes vary from place to place and that a one-size-fits-all strategy is unlikely to succeed.

The task force will be led by the Department of Natural Resources and the Governor’s Office. The task force will include representatives from landowners, commercial and recreational river users, local government officials and law enforcement, which has historically been tasked with intervening in such disputes.

The task force will be asked to deliver a report outlining its proposal to the Governor by Dec. 31.

More HB 10-1188 (State Representative Kathleen Curry’s bill to clarify navigation rights) coverage for background on the rift here. More background on the proposed ballot issues for this fall’s elections here.

El Jebel: Taylor River rafting rift sufaces at the Colorado River District’s ‘State of the River’ meeting



From the Aspen Daily News (David Frey):

State Rep. Kathleen Curry said she “didn’t get it right” in trying to craft a right-to-float bill on Colorado rivers, but strong emotions on both sides of the issue suggest crafting any kind of bill to address the issue will be tricky. “It creates a situation with not a lot of room or even motivation for middle ground,” said Curry, speaking at a State of the River conference hosted by the Colorado River Water Conservation District on Tuesday night…

“We met a great deal of opposition, really from all sides,” Curry said. “I didn’t get it right. We thought we had basically gone down a path of trying to create a compromise.” With no legislation passed, 20 proposed ballot initiatives are pending to resolve the issue on the November ballot. Sixteen were proposed by landowners. Four were proposed by river outfitters. Two of those include language for anglers. Two don’t…

Glenwood Springs water attorney Scott Balcomb argued that if the state wants access through landowners’ properties, it should pay for rights of way, much as governments do for roads. “I’m not against the boating industry. You can tell,” Balcomb said, pointing to a boating logo on his shirt. “I am for respecting the constitutional rights of landowners and getting it done in a proper organized way. Both sides of this controversy badly need to know what the rules are so that the incidents that Ken brought out stop.”[...]

Sitting in the audience, Frying Pan Anglers’ Warrick Mobray said he understood both sides of the argument. As an angler, he wants floating rights. As a landowner, he wants protections. The two sides should sit down and hammer out a compromise, Mobray said, but he admitted, that’s not very likely. “Both sides are nuts,” he said…

Water experts said Tuesday night that Ruedi Reservoir will fill completely, thanks to spring showers which have helped maintain the snowpack.

Meanwhile, here’s an update on the agreement between Wilder on the Taylor and the two outfitters that will allow them to run the river this season, from Seth Mensing writing for the Crested Butte News. From the article:

The offer: follow six rules ranging from timing of the trips to respecting water levels in the Taylor, and take a few trips through the property this summer. Then the two sides can take time to talk about the future…

…Gunnison Rep. Kathleen Curry, who championed the bill in the state house, said she probably will not pursue a similar bill next year, if she is re-elected. “I don’t plan to run legislation next year because … the issue was so contentious the personal toll this bill took was too high. I don’t see the point in working on a ‘compromise’ proposal just to have it killed next year in the legislature by the big money landowner interests,” she says. “If both sides were willing to agree to a solution and then stick by their word when the time came, then I think it would be worth pursuing this issue further. But, based on what happened this year, I have little hope for that.”

Now, outside of ongoing mediation, Shaw is saying he won’t press trespass charges against either Three Rivers or Scenic River Tours if the rafters limit the timing and number of trips, cover Wilder’s liability in the event of an injury and keep their angling flies out of the water. In a statement Shaw said, “While mediation between Jackson-Shaw and the two Taylor River rafting companies continues, Jackson-Shaw recognizes that Three Rivers and Scenic are at the threshold of their commercial rafting season and that it will take time to finalize any formal agreement. Accordingly, as a show of good faith, Jackson-Shaw has decided to give Three Rivers and Scenic permission to float through Wilder on the Taylor this summer.”

As long as boaters have been running the Taylor freely, they have had to take out and portage around a bridge on the Wilder property. Shaw’s offer gives them the permission to continue doing that. The two rafting companies will have to decide how to share the four commercial trips that will be allowed through the property each day, with two going through between 9:30 and 11 a.m., followed by the others between 1:30 and 3 p.m. And even inside the three-month window, Shaw says the rafters shouldn’t float through Wilder when the water level is below 200 cubic feet per second below the Taylor Dam…

According to the release, scheduling conflicts have delayed a second mediation meeting at the Judicial Arbiters Group in Denver, which was started at Governor Bill Ritter’s request. The two groups will meet again May 26. “So long as Three Rivers and Scenic are willing to accept Jackson-Shaw’s permission and follow these simple terms, Jackson-Shaw will allow the rafting companies to conduct rafting trips through the property this summer,” Shaw concluded. “Acceptance by these two rafting companies of these terms will not prevent mediation from continuing. However, it will give the two companies some certainty as the rafting season begins.”

More Colorado River Basin coverage here. More whitewater coverage here.

Taylor River: Rafting rift leads to agreement for this season



From the Associated Press (Steven K. Paulson) via the Summit Daily News:

Property owners have declared a temporary truce in a dispute with commercial rafters and will allow rafting on their property this summer. Jackson-Shaw, the company that owns the Wilder on the Taylor fishing reserve, said Friday it will grant the two Taylor River rafting companies, Three Rivers Outfitting and Scenic River Tours, permission to float through its property this summer…

Lewis Shaw, chairman of the company, said it will take time to work out a permanent agreement and he wanted to give rafters a chance to begin their season. “While mediation between Jackson-Shaw and the two Taylor River rafting companies continues, Jackson-Shaw recognizes that Three Rivers and Scenic are at the threshold of their commercial rafting season and that it will take time to finalize any formal agreement. Accordingly, as a show of good faith, Jackson-Shaw has decided to give Three Rivers and Scenic permission to float through Wilder on the Taylor this summer,” Shaw said.

Bob Hamel, chairman of the Colorado River Outfitters Association, said it was a nice gesture but rafters believe they don’t need Shaw’s permission to raft the river. Rafting companies were already going ahead with their new season, he said. “Jackson-Shaw is not entitled to grant permission. The permission is in the Forest Service permit. I think this is premature because we’re still in negotiations,” Hamel said.

Mediation between the two rafting companies and Jackson-Shaw began on April 22 and remains ongoing. Both sides have agreed to keep the details of their negotiations secret. Shaw imposed several conditions, including limits on rafting between May 15 and Aug. 15 if there is sufficient water. The companies will be allowed four trips each day between 9:30 a.m. and 11 a.m. and 1:30 p.m. to 3 p.m. so fishermen can also enjoy their sport. Rafters will be allowed on the property to carry their rafts across a bridge…

Rep. Kathleen Curry, an unaffiliated state representative from Gunnison, said she believes voters will side with rafters, who have exercised their rights to use Colorado rivers for decades and have become a symbol of Colorado’s outdoor life. Eric Anderson, who represents a coalition of property owners, including fishermen who barred rafting this year on their property, said he believes fishermen will win in the court of public opinion because their property rights are being threatened.

More coverage from the Colorado Independent (David O. Williams). From the article:

The company that prompted one of the more hotly contested bills of the legislative session – House Bill 1188 dealing with commercial river rafting – announced Friday it would allow two outfitters to float the Taylor River through its property this summer. Officials for Jackson-Shaw, owner of the Wilder on the Taylor fishing reserve, said they will continue mediation efforts with Three Rivers Outfitting and Scenic River Tours while allowing the two companies to continue navigating the river through the private property…

Jackson-Shaw won’t allow rafters to fish the Taylor through the preserve, but they can portage a bridge (go around on land) as long they are “respectful” of the property, and the boaters must also limit the number of trips and stick to certain times and dates. “We believe that these rules are reasonable and will allow the rafting companies to meet demand, operate profitable businesses, and conduct far more commercial trips through the property this summer than last summer,” Jackson-Shaw Chairman and CEO Lewis Shaw said in a release.

Gov. Bill Ritter Thursday said he will work with landowner groups and the commercial rafting industry to resolve differences and avoid a looming ballot measure on the contentious issue.

More HB 10-1188 coverage here. More 2010 Colorado elections coverage here.

HB 10-1188 (Clarify River Outfitter Navigation Right) dies in conference committee



From The Grand Junction Daily Sentinel (Charles Ashby):

“What we tried to do with this bill was relate the statutes with reality,” said Rep. Kathleen Curry, the unaffiliated Gunnison legislator who introduced the bill with Sen. Mary Hodge, D-Brighton. “What unraveled the legislative process was the fear of litigation and how the courts would interpret (it). We had a bill that looked reasonable when you read the bill, but the opposition felt like … the courts would make a broader finding and open up everything.”

When Curry introduced the measure in January, it was designed to allow rafters to float down Colorado rivers through private land, touching the riverbed and banks only in cases of emergencies.

But when it reached the Senate, lawmakers there said the idea constituted a taking of private property. As a result, that chamber turned it into a study, but sent it to a nongovernmental organization made up of landowners and water companies, not recreational river users.

Curry said without the bill, a slew of ballot questions may be placed before voters this fall to decide the matter one way or the other. There are 16 pro-landowner measures pending, and four designed to open private land to all rafting.

Regardless of what gets on the ballot in November, Curry predicted the uneasy peace that has existed between rafting companies and landowners will end, and a heated war will erupt this summer between the two sides. She said she already is hearing reports of rafters cutting down fences that property owners have erected to stop them from traversing rivers that cross their land.

More HB 10-1188 coverage here.

HB 10-1358 (Water-smart Homes) and HB 10-1051 (Water Efficiency Plans Annual Reports) both head to Governor Ritter’s desk for his signature



From the Summit County Voice (Bob Berwyn):

House Bill 1358 is a pro-active piece of legislation that simply requires homebuilders to give buyers the up-front option for various water-saving options, including low-flow toilets and faucets, high-efficiency washing machines, as well as low-water-use landscaping. House Bill 1051 would help water planners collect more accurate information about water efficiency efforts.

Both the measures appear to enjoy widespread support and have bipartisan backing in the State Legislature, although the homebuilding industry opposes HB 1358′s mandatory requirement that buyers be notified of water-wise options for appliances and landscaping. New homes incorporating water-smart appliances and fixtures could easily use 20 percent less water, said Becky Long, water caucus organizer for the Colorado Environmental Coalition. If, by 2050, 100,000 new homes are built using water-smart measures, it could save up to 2 billion gallons of water, Long said, explaining that the latest generation of low-flow toilets and other water-saving appliances and fixtures are far improved over earlier models.

More 2010 Colorado legislation coverage here.

HB 10-1188 (Clarify River Outfitter Navigation Right) dies in conference committee



From The Denver Post (Jessica Fender):

The six-lawmaker panel deadlocked when members couldn’t settle on rules regarding how, when or whether river enthusiasts should be able to float through private property. The lack of a legislative resolution probably means voters will be asked to settle the fight on the November ballot. Twenty ballot initiatives on the subject are currently waiting in the wings, though that number will certainly be culled before Election Day. Rep. Kathleen Curry, sponsor of House Bill 1188, said none of the initiatives fully address complicated issues such as portage and trespassing that are likely to be glossed over by campaigns on both sides. “We are unable to reach an agreement, but that doesn’t mean the issue goes away,” said Curry, I-Gunnison. “Tensions are up back home, but I couldn’t help them.”[...]

Meanwhile, private mediation on the conflict that brought the bill to the fore continues, according to lobbyist Mike Feeley, who represents land developer Jackson-Shaw. The Texas company purchased both sides of the bank along a 2-mile stretch of the Taylor River and plans an exclusive vacation community. It threatened to bar two Almont rafting outfitters from floating through the property. At Gov. Bill Ritter’s direction, the rafting and land-development companies have started to negotiate a compromise.

More HB 10-1188 coverage here.

Energy policy — nuclear: State Water Quality Control Division nukes Cotter plan for Schwartzwalder mine mitigation



From the Associated Press via CBS4Denver.com:

Cotter Corp. has submitted a plan to state mining regulators to reduce uranium levels in Ralston Creek from the closed Schwartzwalder Mine. The water flows into a reservoir that supplies some of Denver’s drinking water. The Water Quality Control Division of the state health department told mining regulators in a memo Monday that Cotter’s plan doesn’t reduce uranium in the water to acceptable levels…

The state Office of Mined Land Reclamation expects to decide by May 19 whether to approve or reject Cotter’s plan or seek more information.

Meanwhile here’s a look at HB 10-1348 and how it will impact Cotter’s plans for their mill in Cañon City from Marjorie Childress writing for the Colorado Independent. From the article:

A controversial plan to open an old uranium mine on Mt. Taylor near Grants, New Mexico, faces an obstacle in the new law passed by the Colorado legislature that forbids increased operations at uranium mills until the mill companies clean up sites contaminated in the past. The Cotter Uranium Mill, just a little over a mile south of Cañon City is owned by the same company that owns the Mt. Taylor mine and is the designated recipient of future Mt. Taylor uranium ore. Under the new law, which Colorado Gov. Bill Ritter has yet to sign, Cotter would not be able to accept the ore, at least not any time soon. “This is not unexpected,” John Hamrick, vice president of milling at Cotter, told the Cañon City Daily Record. “This bill will prevent us from processing the Mount Taylor ore.”

Click through and read the whole article — there is a lot of good detail.

More HB 10-1348 coverage from Matthew Beaudin writing for the Telluride Daily Planet. From the article:

The bill will essentially require companies to clean as they go, curtailing the toxic sites that dot the Western landscape and the towering cleanup costs that saddled taxpayers. (Colorado alone has shelled out more than $1 billion to cleanup the industry.) Last week, the Senate voted 24-9 in favor of the bill and the house later readopted the bill resoundingly, 60-3. Now, it waits for Ritter to vault it into law…

Hilary White, Sheep Mountain Alliance’s executive director, helped work on the measure and said Ritter will sign the bill “shortly.”[...]

Taxpayers have spent more than $950 million to clean up toxic pollution at past uranium milling operations located primarily on Colorado’s Western Slope, according to the U.S. Department of Energy. “It means that the bad actors in the uranium industry will not be allowed to operate if they are in violation of contaminating the environment,” White said. “It’s been shown time and time again that uranium companies just walk away from their messes.”[...]

Jeffrey Parsons, a senior attorney with the Western Mining Action Project, which supports the bill, said there’s no guarantee Cotter will be able to get ore from Mount Taylor, which is considered sacred land by as many as 30 Indian tribes. White said the measure will also increase bonding obligations for operators in hopes of stanching the costs of future cleanup. All told, the Naturita mill site cost $67 million to clean up and the Uravan site, designated a Superfund site, cost $120 million to clean, White said. Also according to Sheep Mountain, Energy Fuels, the company planning to build a mill in Paradox Valley, plans to put up $12 million in bonding. Bonding in general, she said, was “less than adequate.” “The industry is a mess and needs to be cleaned up,” she said.

More Schwartzwalder mine coverage here.

HB 10-1188 (Clarify River Outfitter Navigation Right): What are the impacts to riparian areas and fish populations?



From Steamboat Today (Michael J. Mitchell):

The sustainability of one of Colorado’s most sensitive natural resources, our waterways, is being pitted against the demand for recreation and commerce. Floating, while it may seem to be non-consumptive, has impacts on the habitats where it occurs. There is bank damage at put in/take outs, toilets next to rivers, bank side parking lots, trails along rivers, overfishing and trash to name just a few. These impacts add up, resulting in real biological consequences. The impact is not limited to fish; fish-eating bald eagles, water dependent river otters, migratory waterfowl and other riparian dependent species will also be affected if constant boat traffic is present.

The unregulated floating of Colorado rivers is proposed for one of the most precious wildlife habitats in our state; the thin vegetated line along waterways known as riparian habitat. Our riparian habitat represents just 3 percent of the land area but it is essential to sustain 75 percent of our wildlife species. If we were to consider such a major change within one of our National Forests or other federal lands we would be required by law to evaluate the environmental consequences through professional assessments and impact statements. Why would we want less for Colorado’s rivers?

More HB 10-1188 coverage here.

HB 10-1197 (Reduce Conservation Easement Cap Amount): Governor Ritter inks the deal



From The Durango Herald (Joe Hanel):

Gov. Bill Ritter on Thursday signed House Bill 1197, which sets a statewide limit of $26 million on conservation easement tax credits. The Department of Revenue estimates the bill will save $37 million in the popular tax credit program.

More HB 10-1197 coverage here. More 2010 Colorado legislation coverage here. More conservation easement coverage here and here.

Taylor River rafting rift negotiations recap



From The Crested Butte News (Seth Mensing):

Meetings between Three Rivers Outfitters, Scenic River Tours and the Wilder resumed Thursday, April 22 at the request of Colorado Governor Bill Ritter and are still ongoing with a possible agreement that would let boaters and anglers share a two-mile stretch of the river. That is the stick and carrot keeping both sides going. Three Rivers and Scenic River, which are the only two commercial companies running the Taylor, have said that banning them from a two-mile section of water will lead them to financial ruin. But according to Forest Service records obtained by Dick Bratton, a partner with the Gunnison law firm Bratton, Hill, Wilderson & Lock, which is representing the developers of the exclusive Wilder on the Taylor subdivision, Three Rivers only took 62 clients on the disputed section of river last year.

And Brad Roberts, co-owner of Harmel’s Resort just upstream from the Wilder property, isn’t shy about placing the blame for the dispute squarely on the shoulders of Scenic River Tours. “Scenic River Tours has this obnoxious trespassing thing,” Roberts says.

More HB 10-1188 coverage here. More 2010 Colorado elections coverage here.

Energy policy — geothermal: Governor Ritter signs SB 10-174 (Promote Geothermal Energy Development)



Here’s the release from the Governor’s office (Megan Castle/Evan Dreyer):

GOV. RITTER DEDICATES SALIDA’S TOUBER BUILDING AND PROMOTES GEOTHERMAL ENERGY

Gov. Ritter was joined today by Sen. Gail Schwartz and local officials at the dedication of the new Touber Building, named after former Salida Mayor Edward Touber. The City of Salida and Chaffee County will use this historic building for office space.

“The Touber Building is a shining example of the success that can happen when local and state governments and public and private entities pool their collective financial and creative resources,” said Gov. Ritter. “I know the struggles of Chaffee County, along with the rest of the state and the nation, have not been easy. Partnering together to build a complex like this that will house both city and county community services helps from a financial standpoint. Also, it is a 21st century solution towards building sustainable communities. The state was honored to partner with you on this solution.”

Immediately following the Touber Building dedication ceremony, Gov. Ritter signed Senate Bill [10-174] (pdf), sponsored by Sen. Gail Schwartz and Reps. Christine Scanlan and Tom Massey, which promotes geothermal energy in Colorado.

“Senate Bill 174 will help Colorado to begin to realize the potential of geothermal energy,” Gov. Ritter said. “Geothermal is a great clean renewable energy source, that can be a base load provider and help to bring the benefits of the New Energy Economy to rural Colorado.”

“Geothermal energy will diversify Colorado’s energy portfolio. This bill will improve cooperation between the federal, state, and local governments, strengthen Colorado’s energy sector, and create jobs for Coloradans,” Sen. Schwartz said. “I would like to thank Chaffee County for their efforts on this bill and the broader water community for the work on protecting existing geothermal water rights and those in the future.”

“Geothermal is an exciting clean energy movement with the potential to exceed even solar and wind in supplying the US’s electricity needs in the future. In fact, the state Capitol will be moving towards using it next year for the building’s energy needs,” said Rep. Scanlan. “I am pleased that we have made a commitment to strengthen this energy sector.”

For a complete list of Gov. Ritter’s 2010 legislation decisions, visit www.colorado.gov/governor or click here.

More geothermal coverage here and here.

Energy policy — nuclear: Colorado natural resources and health regulators don’t yet agree with Cotter for proposed remediation at the Schwartzwalder Mine



From The Denver Post (Bruce Finley):

Denver Water and environmentalists on Wednesday demanded an aggressive cleanup to protect public health. They say drinking water is safe because water treatment plants remove uranium. State natural resources and health regulators are reviewing a cleanup proposal that Cotter submitted eight days ago. Cotter’s proposed options include:

• Rerouting Ralston Creek through pipes around the mine. This could harm aquatic life but prevent contamination from reaching Denver Water’s Ralston Reservoir.

• Creating an artificial wetland that gradually could filter out uranium. Critics said this could be too slow.

• Installing a barrier to filter the uranium from water before it gets to the creek or groundwater.

• Digging out toxic soil 20 feet deep at the mine and hauling it to a disposal site. That remedy may depend on whether groundwater links to the mine, more than 2,000 feet deep…

“If we can demonstrate there’s no communication between the mine pool and the groundwater that results in a measurable impact, then we may not have to do anything with the mine pool,” Cotter vice president John Hamrick said. “We all agree there’s a problem. We’re working to address it.”[...]

“If (Cotter’s proposal) is determined to be deficient, (state regulators) will ask for the deficiencies to be corrected,” Colorado Department of Natural Resources spokesman Theo Stein said. State inspectors documented contamination in 2007, records show. They negotiated with Cotter, which argued that the mine was not a facility subject to state law. The law was changed in 2008 to include uranium mines. In 2009, regulators rejected Cotter’s initial cleanup plan as inadequate…

Denver Water officials are waiting for results from water tests done last week at Ralston Creek and Ralston Reservoir, spokeswoman Stacy Chesney said. “The faster the parties can agree on a plan, the better it will be for everyone,” she said.

More Schwartzwalder mine coverage here. More nuclear coverage here and here.

Energy policy — nuclear: HB 10-1348 (Increase Oversight Radioactive Materials) clears preliminary vote in the state senate



From The Pueblo Chieftain (Patrick Malone):

The state Senate on Tuesday gave preliminary approval to a bill that would require Cotter uranium mill to clean up its pollution before taking on new jobs. Proponents of the bill contend Cotter has been poisoning the environment for decades and done little about it, while representatives of the company have said the proposed legislation would be a poison pill for its operation…

The House already has passed the bill, and a final vote on it in the Senate could come as soon as today.

More HB 10-1348 coverage here.