Daily Press Writer
WASHINGTON, D.C.— Sen. Wayne Allard sent a letter to U.S. Secretary of the Interior Dirk Kempthorne Tuesday, urging him to help resolve the Black Canyon water rights case.
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Allard sought the secretary’s help to start negotiations for a settlement.
“While a legislative solution may be warranted at some point, I still believe an out-of-court agreement negotiated between the experts at the Department of the Interior and the state of Colorado is the proper solution,” Allard wrote in the letter. “An outright rejection of the agreement, or court quantification of federal water rights, could lead to the largest water grab in my state’s — and possibly the nation’s — history.”
The case began in 2001 when the Park Service filed for a federal reserve water right in the Black Canyon. Water users in the Uncompahgre and Gunnison river basins became concerned about a large federal water right in the Black Canyon. Over 200 parties joined the case, which became the largest in the history of Colorado.
Former Secretary of the Interior Gale Norton and the Colorado Water Conservation Board reached a settlement to the case in 2003. Environmental groups objected to the deal and sued in federal court.
“Without the common-sense approach negotiated in the 2003 settlement, a great deal of uncertainty resurfaces for farmers, ranchers, recreational interests, hydropower interests, local governments and many others,” Allard wrote.
Allard urged Kempthorne “in the strongest terms to push forward negotiations to broker another common-sense based agreement that will protect water users throughout the Western Slope of Colorado.”
Attorneys in the case are still trying to understand Brimmer’s ruling and no negotiations have started.
“Lawyers are talking to their clients, and lawyers are talking to lawyers,” Upper Gunnison River Water Conservation District Attorney John McClow said.
Drew Peternell, an attorney for Trout Unlimited who represented the environmental groups in the case, said the Park Service must decide how to proceed. He said the final water right does not have to be the 2001 filing, but he wanted a right that will protect the Black Canyon.
“The simplest resolution would be for the Park Service to go back to state water court and file a water right,” Peternell said.
He said he would like a negotiated settlement but thought a drawn-out fight in court was possible.
“We would like to see all the water users get together ... and not have to slug it out in water court, but a slugfest is possible,” Peternell said.
Department of the Interior spokesman Hugh Vickery had not seen the letter from Allard. He said it can take several days for the department’s mail room to process a letter.
Contact James Shea via email at Jamess@montrosepress.com
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