Archive for Monday, May 15, 2006

Bill doesn't affect city's water rights

Advertisement

A water rights bill signed by Gov. Bill Owens last week won't affect Steamboat Springs' rights.

The city has been awarded a recreational water right on two Yampa River kayaking holes, Charlie's Hole and the D-Hole. A recreational water right, if senior to other rights on the river, can help the city try to ensure a minimum stream flow for recreational activities. The rights are called recreational in-channel diversions, or RICDs.

The new bill limits the amount of water that can be set aside for recreation. It allows for entities to use up to 50 percent of the historic flow of the river. If they ask for more water, they would be entitled to it only if at least 85 percent of their allotted amount is available.

Before the bill was signed, there were not any limits on how much water could be requested for RICDs.

The bill will not affect Steamboat's rights because it is not retroactive. Steamboat's application already has been settled in district water court, and the judge's decision was not appealed.

Fritz Holleman is one of the attorneys who represented Steamboat in the water rights case. He said that Steamboat's victory in court helped make the legislation possible.

"The ardent opponents recognized that recreation is a valuable use of water," Holleman said.

Opponents to water rights have included traditional water users, such as some ranchers and developers. The bill presented limitations for recreational use, but they are limitations that kayakers and others can accept, Holleman said.

Ken Brenner, City Council president, agreed that the bill was a compromise. He said it will be used as an example for future water right applications.

Although Steamboat Springs' RICD will not be affected, the Yampa Valley might, Brenner said. Many area towns do not have RICDs yet, he said.

"We're so far behind on this as a valley," Brenner said.

He said that many parts of the region might, in the future, take part in the quest for RICDs. "Everybody has a dog in this fight."

Comments

Use the comment form below to begin a discussion about this content.

Post a comment (Requires free registration)

Posting comments requires a free account and verification.

Return to top of page