Republican River Basin: “You want more than damages” — Antonin Scalia

October 15, 2014
Republican River Basin by District

Republican River Basin by District

From Omaha World-Herald (Joseph Morton):

The court heard oral arguments Tuesday in the latest twist of the 1943 Republican River Compact signed by Kansas, Nebraska and Colorado. The case pits Nebraska against Kansas — not only over the amount of money Nebraska owes, but also to set the ground rules for what are sure to be future battles over the use of a critical but stressed resource.

Justices had sharp questions for both sides. They expressed skepticism about Kansas’ claim for higher damages as well as Nebraska’s desire to rewrite the formula used to calculate water usage.

As is typical in such interstate disputes, a special master earlier had reviewed the case for the court. He found that Nebraska owes $5.5 million — $3.7 million in basic damages with an additional $1.8 million attributed to the gains made by Nebraska farmers as a result of the violations. Nebraska is challenging the extra $1.8 million penalty.

Kansas Solicitor General Stephen McAllister, however, urged the justices to go significantly higher in penalizing Nebraska, contending that Nebraska’s actual gains were much larger than $3.7 million, or even $5.5 million. If Nebraska winds up with more in benefits than it is penalized for the excess water, he said, it will have no incentive to work hard at compliance in a future drought.
Justice Antonin Scalia focused on the extra penalty that Kansas is seeking.

“You want more than damages,” Scalia told McAllister. “You want to say, ‘I not only want to receive what it cost me, what your violation cost me, but I want in addition to receive any benefits that you got from the violation.’ … That’s not a normal contract remedy.”

Justice Samuel Alito pointed out that Nebraska’s violations of the compact had been ruled unintentional. But McAllister said Nebraska knew it was exposing Kansas to risk and described it as “more than negligent” on Nebraska’s part.

“These were massive violations on Nebraska’s part, knowing they were in trouble and just really not taking any kind of adequate steps,” McAllister said.

Nebraska Chief Deputy Attorney General David Cookson defended Nebraska’s efforts to stay in compliance
with the compact and to mitigate the situation once the problems were revealed. Still, he faced questions from Justices Elena Kagan and Ruth Bader Ginsburg, both of whom cited the special master’s findings that while Nebraska’s violations were not an intentional breach, the state should have seen what was coming.

“The special master also said essentially … that you were a conscious wrongdoer, that you failed to act, refused to act in the face of a known risk,” Kagan said to Cookson. She said the special master found that “unless there was some very lucky fortuitous thing that happened, the quite foreseeable effect of your actions was going to be that Kansas didn’t have enough water.”

Cookson said Nebraska does not agree with the findings about what Nebraska should have known or the idea that it took no action.

“Nebraska seized control of its consumptive use in 2002 while it was still negotiating the compact, and through 2006 reduced its pumping (by 35 percent),” Cookson said. “At the same time, however, Nebraska could not reasonably foresee that its allocations were going to fall even below the historical low period of record in this basin, which was the Dust Bowl.”

Nebraska also has asked the court to go along with the special master’s finding that the formula for calculating water usage should be reworked because it is unfair. Chief Justice John Roberts expressed skepticism about taking such a step, however.

“The idea of a special master or this court changing the nature of that agreement is a pretty radical one,” Roberts said.

The court is expected to rule before the end of the year.

After the arguments, Cookson told The World-Herald that it’s impossible to gather from the court’s questions which way the justices are leaning. They often play devil’s advocate and push harder on the side they ultimately agree with in order to sharpen the arguments in their favor.

“The court was very engaged,” Cookson said. “They asked questions that pushed the boundaries of both sides’ arguments.”

More Republican River Basin coverage here.


Twin Lakes Reservoir and Canal Co, Aspen and the #ColoradoRiver District reach deal

October 15, 2014

From the Aspen Daily News (Brent Gardner-Smith):

The city of Aspen and Front Range water interests have reached a compromise 20 years in the making that allows more water to be sent east when the spring runoff is plentiful, in exchange for bolstering flows when the Roaring Fork River is running low in the fall. The deal is between the Twin Lakes Reservoir and Canal Co., which operates transbasin diversion tunnels underneath Independence Pass, and the city of Aspen and the Colorado River District, which works to protect water rights on the Western Slope.

The deal, which has its roots in a 1994 water court application from Twin Lakes that sought to increase diversions during the runoff in high-snowpack years. It will leave 40 acre-feet of water in Grizzly Reservoir when Twin Lakes exercises its rights under the 1994 proposal. That water will be stored in the 500-acre-foot reservoir and released into the Roaring Fork for about three weeks in late summer, when seasonal flows are at their lowest. The water must be called for and released in the same year it was stored.

Grizzly Reservoir, located about 8 miles up Lincoln Creek Road near the Continental Divide, is a component of the transbasin-diversion system. A tunnel underneath the reservoir channels water underneath the mountain to the south fork of Lake Creek in the Arkansas River basin, on the other side of the pass.

Additionally, under the deal, the River District will have the right to store 200 acre-feet of water in Grizzly Reservoir and can call for up to 150 acre feet of that water in a year. Importantly, that 200 acre-feet can be stored long-term in the reservoir until it is called for by the River District, which manages water rights across the Western Slope.

Another 600 acre-feet will be provided to the River District for seasonal storage in Twin Lakes Reservoir, also on the east side of Independence Pass. The district will then trade and exchange that water with various entities, which could lead to more water staying on the Western Slope that would otherwise be diverted through other transbasin tunnels.

Twin Lakes diverts an average of 46,000 acre-feet a year from the headwaters of the Roaring Fork and sends it to Colorado Springs and other Front Range cities. The city of Colorado Springs owns 55 percent of the shares in the Twin Lakes Reservoir and Canal Co., entities in Pueblo own 23 percent, entities in Pueblo West own 12 percent, and Aurora owns 5 percent.

Aspen and the River District intend to cooperatively use the stored water in Grizzly Reservoir to boost late-summer flows in the Roaring Fork as it winds through Aspen proper.

Water already flowing
The stretch of the Roaring Fork River below the Salvation Ditch on Stillwater Drive typically runs below environmentally sound flows each year for about eight weeks, according to city officials. And given that this spring saw a high run-off, the three parties to the agreement managed some water this year as if the deal was already signed.

“At the close of the current water year (which ended the last day of September), Twin Lakes started making releases of some of the water stored for the River District, followed by release of the 40 acre-feet, as directed by Aspen and the River District,” Phil Overeynder, a special projects engineer for the city, wrote in an Oct. 3 memo to city council. “These releases had the effect of increasing flows in the Roaring Fork through the Aspen reach by approximately 20 percent and will last for approximately a three-week period at the end of the lowest flow conditions of the year.”

Overeynder added that “both Aspen and the River District believe that this agreement, while not perfect, is of real and meaningful benefit to the Roaring Fork.”

Aspen City Council approved the agreement on its consent calendar during a regular council meeting on Monday. The agreement is on the River District’s Tuesday meeting agenda, and Twin Lakes approved it last month.

The deal still needs to be accepted by Pitkin County and the Salvation Ditch Co. in order to satisfy all of the details of the water court’s 2001 approval of the 1994 water rights application.

Junior and senior rights
In addition to its junior 1994 water right, Twin Lakes also holds a senior 1936 water right that allows it to divert up to 68,000 acre-feet in a single year and up to 570,000 acre-feet in a 10-year period.

Originally, the water diverted by Twin Lakes was used to grow sugar beets to make sugar, but it is now primarily used to meet the needs of people living on the Front Range.

The 1936 water right still has some lingering restrictions in high-water years, according to Kevin Lusk, an engineer with Colorado Springs Utilities who serves as the president of the board of the private Twin Lakes Reservoir and Canal Co. Under its 1936 right, when there is plenty of water in the Arkansas River and the Twin Lakes Reservoir is full, Twin Lakes is not allowed to divert water, even though it is physically there to divert, Lusk explained. So in 1994 it filed in water court for a new water right without the same restrictions so it could divert more water to the east. It was dubbed the “Twin Junior,” water right.

The city of Aspen and the River District objected in court to the “Twin Junior” and the agreement approved Monday is a long-delayed outcome of the case.

Aspen claimed that if Twin Lakes diverted more water in big-water years, the Roaring Fork wouldn’t enjoy the benefits of the high water, including flooding the Stillwater section and replenishing groundwater supplies. That process, the city argued, helps the river in dry times.

“We don’t necessarily agree with the theory behind it,” Lusk said of the city’s claim, but added that Twin Lakes agreed to the deal as part of settlement negotiations.

And since 2014 turned out to be a high-water year, Twin Lakes exercised its right to divert water under its 1994 Twin Junior right, and worked cooperatively with Aspen and the River District to release 40-acre feet of “mitigation water” as described in the pending deal.

The new agreement between the city, Twin Lakes and the River District is in addition to another working arrangement between Twin Lakes and Aspen related to the Fryingpan-Arkansas diversion project, which diverts water from the headwaters of the Fryingpan River.

That agreement provides 3,000 acre-feet of water each year to be released by Twin Lakes into the main stem of the Roaring Fork beneath a dam near Lost Man Campground, normally at a rate of 3 to 4 cubic feet per second.

More Twin Lakes coverage here.


Colorado’s river economy worth $9 billion — High Country News #COWaterPlan #ColoradoRiver

October 3, 2014


From the High Country News (Sarah Tory):

When Governor Hickenlooper issued his executive order last year to create a state Water Plan, he charged the Colorado Water Conservation Board with the task and they, in turn, looked to the Basin Roundtables for their ideas about what the overall plan should include. The goal said, James Eklund, the Board’s Director, was to tackle Colorado’s water problems “as one unit.”

That’s the theory at least. But with the Roundtables dominated by municipal and agricultural interests, other groups are struggling to make their voices heard.

On September 10, a group of Colorado business leaders made their case for the “river-based economy” at the Colorado Water Conservation Board meeting in Glenwood Springs, where members of the public could comment on draft sections of the plan.

The setting was fitting: nearby, the rugged Glenwood Canyon runs alongside the busy I-70 corridor. A good portion of the town’s economy revolves around people coming to fish and raft on the Colorado River which carves through the canyon walls, but that river, like so many on the West Slope – where the majority of Colorado’s water lies – is shrinking. Every year, 180 billion gallons of water are sucked from rivers flowing west of the Continental Divide through a vast system of tunnels and pipes to thirsty farms and cities along the dry Front Range.

Now, faced with a growing gap between water supply and demand, they need more. In their draft plans, released in July, East Slope Basins like the South Platte emphasize the need “to consider new Colorado River supply options to meet future water demands” – which means keeping open the possibility of pulling more water from west to east through new transmountain diversions. But those plans, say members of Colorado’s outdoor recreation, real estate, and tourism industries, jeopardize a $9 billion dollar economy that hinges on healthy rivers – and supports more than 80,000 jobs in the state.

Graphic via the High Country News

Graphic via the High Country News

A report commissioned by Protect The Flows found that if the Colorado River was a company, it would rank 155th on the 2011 Fortune 500 list (those numbers are based just off of the revenue and jobs provided by the outdoor recreation industry), ahead of General Mills and US airways. It would also be the 19th biggest employer on the list.

“It’s really pure economics for us,” says Dennis Saffell, a realtor from Grand County. Factoring in all the indirect beneficiaries of Colorado’s rivers means the true economic value is likely much greater, he added, citing a recent report that found declining river flows across the Southwest could significantly hurt home prices…

Protect Our Flows wants the statewide plan to place more emphasis on smart water management and remove the option of building new transmountain diversions. The group is pressing the Colorado Water Conservation Board to set concrete statewide conservation goals in the Water Plan, especially for towns and cities – something most other Western states have, but Colorado is lacking.

Both Mackey and Saffell noted that although most of the Basin Roundtables recognize the economic value of healthy rivers, far fewer have actually quantified those benefits – or included specific language to protect stream flows. Since each Basin’s recommendations lay the foundation for the statewide plan, it’s essential that all of them include concrete standards.

But the river advocates are up against some strong, well-entrenched political forces. They pointed to the big agriculture and municipal interests that drive a large chunk of Colorado’s economy – and hold much of the power at the Basin Roundtables.

In comparison, the recreation economy is “the new kid on the block,”, says Mackey, who grew up skiing on wood skis and cable bindings. “I’m a sixty year old man and Patagonia, The North Face, the Vail Ski Resort – these companies grew up in my lifetime,” he added. “So we really need to push our way into the conversation.”

And there’s another challenge: Colorado’s water laws. Most were written in the late 1800’s and though a few modifications have occurred over the years, the laws still reinforce a “use it or lose it” mentality, which makes it difficult to implement conservation strategies. Thanks to those laws, says Saffell, farmers and cities have a legal right to keep using more water.

Think of it this way, he added: if we had the same traffic laws as we did 150 years ago when the water laws were written, it would be utter chaos. Most laws change to accommodate new realities, says Saffell, “but for some reason our water laws are untouchable.”

Instead, “we need to get away from this concept that any water left in the river is wasted water because it’s not being put to beneficial use,” he said.

More Colorado Water Plan coverage here.


How will CSU’s $50 million for Fountain Creek mitigation be spent?

October 2, 2014
Southern Delivery System route map -- Graphic / Reclamation

Southern Delivery System route map — Graphic / Reclamation

From The Pueblo Chieftain (Chris Woodka):

While the decision of how to spend $50 million for flood control on Fountain Creek to benefit Pueblo will be made by the parties directly involved, other input will be needed.

“Anyone who wants to come to the table and says, ‘We want to find out where money for these projects will be available,’ is welcome,” Pueblo County Commissioner Terry Hart said.

Last week, Hart made a pitch to the Fountain Creek Watershed Flood Control and Greenway District to begin planning now for the arrival of $50 million in payments from Colorado Springs Utilities after Southern Delivery System goes online in 2016. That money is seen as seed money for projects that could amount to $150 million or more identified in a corridor master plan. The money was negotiated by Pueblo County under its 1041 agreement with Utilities in 2009 for the construction of the SDS water supply pipeline through the county. It is to be used for flood control projects on Fountain Creek that benefit Pueblo County. When the district was established later in 2009, it became the recipient of the money.

“At a minimum, Pueblo County, CSU and the Fountain Creek district need to be involved, and they will have the final say,” Hart said.

But the city of Pueblo and the Lower Arkansas Valley Water Conservancy District also should have input about how the money will be used, Hart said.

The greatest potential damage from Fountain Creek flooding is within the city of Pueblo and in the communities of the Lower Ark Valley downstream from Fountain Creek.

“The Lower Ark District was instrumental in developing the corridor plan, and we definitely need the technical input from the city of Pueblo,” Hart said.

The corridor plan, a joint effort of Utilities and the Lower Ark district, identifies projects between Fountain and Pueblo that could cost several times the $50 million that was earmarked under the 1041 agreement. Pueblo already has participated in pilot projects to demonstrate flood control techniques.

In addition to technical assistance, Pueblo County’s attorneys will have to be involved to determine whether projects meet the conditions of the 1041 permit. This will be important to avoid the kinds of dispute that developed when the Lower Ark raised objections about how its contributions to the district were being spent.

“I see this new committee working in concert with the steering committee (Utilities, Lower Ark and the Fountain Creek District),” Hart said.

More Fountain Creek coverage here.


Aspinall Unit operations update: Summer rains bolstering flows in Black Canyon

September 4, 2014

From email from Reclamation (Erik Knight):

Releases from Crystal Dam will be reduced from 1600 cfs to 1450 cfs on Wednesday, September 3rd at 1:00 PM. Flows in the lower Gunnison River are currently above the baseflow target of 1050 cfs. River flows have remained relatively high due to the August rains and flows are expected to stay above the September baseflow target at the new rate of release.

Pursuant to the Aspinall Unit Operations Record of Decision (ROD), the baseflow target in the lower Gunnison River, as measured at the Whitewater gage, is 1050 cfs for September.

Currently, diversions into the Gunnison Tunnel are around 1050 cfs and flows in the Gunnison River through the Black Canyon are around 600 cfs. After this release change Gunnison Tunnel diversions will still be around 1050 cfs and flows in the Gunnison River through the Black Canyon should be around 450 cfs. Current flow information is obtained from provisional data that may undergo revision subsequent to review.


Uncompahgre River: Float Highlights River Improvements, Future Visions — The Watch

August 28, 2014

From The Watch (William Woody):

Last Sunday [August 17, 2014], under beautiful sunny skies, members of the Friends of the River Uncompahgre (FORU) hosted a tour of the river from boats launched at an access point behind Chipeta Lake to a take-out near Taviwach Park on the city’s north side.

The tour was developed to give local officials and residents a first-hand experience of the river since improvements were made along its banks earlier this year; the improvements will continue in 2015 as part of the city’s continuing Uncompahgre River Master Plan, completed in 2011.

Along with local boaters, officials from the city, county, Bureau of Land Management, Parks and Wildlife and the Montrose Recreation District clambered into rafts and kayaks for the three-hour float.

Along the way, wooden markers on the river’s banks highlighted both public and private property boundaries bordering the water. Officials and residents are continuing to brainstorm ideas for possible public-property development. With a trained eye, one could see the next phases of the river master plan, which includes the addition of a whitewater park set for construction next year.

The whitewater park will be located between the pedestrian bridge in Baldridge Park and the West Main Street Bridge.

Due to the rising popularity of river sports, the trend in adding whitewater parks has continued in recent years in sites across the country as a way to draw more visitors.

“We wanted to get some ideas on how we make the river safe for families,” said Montrose City Manager Bill Bell. “We’re really trying to give locals who like the fishing or the outdoor recreation a chance to come and do that in a family friendly environment. But we also want to attract visitors and tourists.”[...]

Durango added its “watermark” years ago, incorporating its downtown with the Animas River through boardwalks and a variety of businesses. Unlike Durango, the Uncompahgre River is fed with water from the Ridgway Reservoir and the Gunnison Tunnel. This means water levels can be more sustainable throughout the year, whereas the Animas runs very low later in the summer.

The sustainable water flow offers the potential for Montrose to become a destination for whitewater companies and guides, allowing them to teach and float later in the season.

Another reason for the whitewater park is to give boaters a safer place to have fun in the rapids. With local knowledge, boaters can learn to ride the famed “M-Wave,” a large, continuous whitewater wave located on the south canal, east of Montrose. Using the park – at least at first – and avoiding the M-Wave will reduce the risk of injury, lawsuits and fatalities, according to officials…

In February, heavy equipment and surveyors with Evergreen-based Ecological Resources Consultants, Inc., spent weeks digging out a 1,500-foot stretch of the river to improve fishing habitat. The work took place directly south of the fishing bridge in Baldridge Park behind the park’s softball fields.

Re-shaping the river’s channel will not only improve the fishing habitat but also riparian wildlife areas along with entire river corridor, according to Renzo DelPiccolo of Colorado Parks and Wildlife in Montrose…

Through grants, lottery funds and city contributions, the cost of renovating the river corridor has amounted to about $900,000 so far, according to Bell.

More Uncompahgre River watershed coverage here.


“We don’t want to demonize the Front Range” — Jim Pokrandt #ColoradoRiver #COWaterPlan

August 19, 2014


From the Vail Daily (Lauren Glendenning):

The soothing sound of the Colorado River as it meanders its way across Colorado’s Western Slope is the sound of a thriving economy, a fragile environment and also an impending crisis.

The state of water supplies in the arid West is volatile and forecasts are grim. Lake Powell and Lake Mead are at alarmingly low levels, while populations across the West are swelling past the capacities of current water supplies.

The Colorado River Basin is facing a battle of sorts as Colorado creates a statewide water plan. It’s a battle against time and against competing water needs, both here in Colorado and in lower basin states like Nevada and California.

Regionally, some view it as an Eastern Slope vs. Western Slope battle, although water officials are carefully shaping the public relations message as one of unity and collaboration. There’s a very real fear that exists west of the Continental Divide, though, that Colorado’s growing Front Range population is going to suck the Colorado River Basin dry. Some even say that has already happened…

“Population is still growing and there’s a need to find more water for municipal uses,” said Jim Pokrandt, chair of the Colorado Basin Roundtable and spokesman for the Colorado River Water Conservation District. “We don’t want to demonize the Front Range.”[...]

…the state’s water planning has really been going on for over a decade, said Brad Udall, a research faculty member at the University of Colorado’s Getches-Wilkinson Center for Natural Resources, Energy and Environment and former director of the Western Water Assessment.

Udall has written extensively about climate change issues as they relate to water resources but his passion for Western water began outside of books and classrooms. His mother took him down the Colorado River through the Grand Canyon in the early 1970s, paving the way for Udall’s future in guiding Grand Canyon river trips. After getting into environmental engineering at Stanford University and developing a passion for water issues, he also began working on climate change issues. That’s when he realized that climate change means water change. They’re one in the same, he said…

…none of the states want to go back and draft new laws based on the realistic flows, except for maybe California, [Glenn Porzak] said.

“If you go back and say, ‘We made a mistake when we negotiated, we thought there was 17 million acre feet.’ If you renegotiate, (Colorado’s) going to lose,” he said. “All water is political.”[...]

The major concern at Lake Powell is that it’s getting down to such a level that it will no longer be able to generate power, said Glenn Porzak, a water attorney based in Boulder who represents water entities and municipalities in both Summit and Eagle counties, as well as Vail Resorts.

“The cost of power is going to quadruple,” Porzak said of Lake Powell, should it drop below power generating levels. “Almost all of the Western Slope’s power comes from the power grid that’s generated off Colorado River storage projects. That hits the ski industry and every other industry if the cost of power goes up four times.”

It also hits the average citizen, who has been enjoying relatively cheap water at home, Udall said.

“You hear we’re running out of water and we gotta get more, but we’re running out of cheap water,” he said. “Water that people are putting on lawns, that shouldn’t just be free, it should come with significant costs. … One of the lessons here is that water is going to get more expensive in the municipal sector, and a little bit more in the (agriculture) sector.”

When prices are low, people over-use water, but when they’re high, conservation becomes a lot easier and more attractive. And conservation is a big theme in the first draft of the Colorado Basin Implementation Plan, which came out last month and will undergo several more revisions before it’s sent to the state later this year for incorporation into the state water plan.

From the Glenwood Springs Post Independent (Lauren Glendenning):

Nathan Fey’s passion for kayaking led him to a career in river conservation and water quality issues. As the Colorado stewardship director for the nonprofit American Whitewater, he’s watching carefully as the state progresses through its water planning process.

The state must address some major conflicts as it creates the Colorado Water Plan, he said.

“Sure, our population is focused on the Front Range, but the reason we all live here is because recreation is a way of life for us,” Fey said. “I think there’s a big disconnect for people in our urban areas about where their water comes from. They don’t understand that if they grow green grass, there’s less water in the river when they’re fishing.”[...]

Recreation along the Colorado River and its tributaries is a $9.6 billion industry, and that’s just within the state of Colorado. According to a 2012 study for Protect The Flows, done by the consulting firm Southwick Associates, which specializes in recreation economics, the Colorado River would rank as the 19th-largest employer on the 2011 Fortune 500 list based on the jobs it generates.

“People moved here for the environment — it underpins the economy,” said Jim Pokrandt, chair of the Colorado Basin Roundtable and the communications and education director for the Colorado River Water Conservation District. “Water in the streams is an economic driver in and of itself.”

The recreation-based economies in mountain resort towns depend on healthy streams for more than just the water-based activities. Indirectly, hikers, campers and mountain bikers, to name a few, also depend on healthy streams.

“That’s the value we’re hoping Colorado embraces, so the desire to push for another transmountain diversion is deferred for a long time, if not forever, in favor of using the water we already have to its highest and most efficient use,” Pokrandt said…

Pokrandt likens the process to economizing, just like any business would do during tough times. You look at internal expenses, in this case water uses, and you cut back…

With the Colorado Water Plan’s deadline more than a year away, the Colorado Basin Roundtable is polishing its plan to make sure it gets the point across that more transmountain diversions would be detrimental to tourism economies, the environment and agriculture…

In the mountains, many of the major water providers such as the town of Breckenridge, the Upper Eagle Regional Water Authority and the Eagle River Water and Sanitation District, have senior, or pre-compact, water rights. The same goes for the Grand Valley and Grand Junction areas, said water attorney Glenn Porzak, who represents those entities as well as Vail Resorts and other local municipalities.

“The water rights really affected the most (under a compact curtailment) are all of the transmountain diversions,” Porzak said. “Fifty percent of Denver’s supply comes from the Dillon and Moffat systems and are post-compact. All of the Northern Colorado Conservancy District comes from the Thompson project, also junior. All of Colorado Springs and Aurora diversions are junior to the compact.”

When 75 percent of the Front Range supply comes from junior diversions, Porzak said it’s clear what municipalities will do: They’ll buy up more senior agriculture rights for the Western Slope.

More Front Range municipalities buying Western Slope agriculture water rights depletes rivers. When the water is diverted over the Continental Divide, it never returns to the basin. That affects flows, which affect water quality, stream health and the economic powerhouse that is recreation-based tourism…

The ski industry is the pulse of Summit, Eagle and Pitkin counties during winter months. Water is the source of winter-based recreation, but the fact that it doesn’t always fall from the sky at the right times or in the right quantities means water must be taken from elsewhere.

Aspen Skiing Co. and Vail Resorts have bought and maintained important water rights since the beginning of each company’s existence…

Predictability like a start date for the season — something the company typically announces during the previous ski season — is crucial to lock in season pass sales. Without important water rights and water supplies, Hensler said opening for Thanksgiving might be impossible, and Christmas would even be a challenge…

Hensler points out that snowmaking is only about 20 percent consumptive.

“About 80 percent of the water we put on the mountain as snow melts and flows back into the streams — it’s a very sustainable use,” Hensler said.

More Colorado Water Plan coverage here.


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