Daily Press Writer
MONTROSE — A recent filing by the state’s attorney general has prompted controversy among water users in the upper basin of the Gunnison River.
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“I was astounded to see it,” said John McClow, attorney for the Upper Gunnison River Water Conservancy District.
“At the moment, there’s no quantification of water right decreed to the Black Canyon, so (it’s) not an active water right; today nothing is going to happen.”
However, he said that if there is a shortage and a call is made on the Gunnison River, 75 percent of irrigation water could be lost.
In 2001, the federal government filed to quantify the Black Canyon of the Gunnison National Park’s water right in Montrose water court. In 2003, 22 stipulations were accepted by the water court protecting those water users from a call, should the Black Canyon’s right be quantified.
The objection, filed April 16 on behalf of state and division engineers, the Colorado Water Conservation Board and the state Division of Wildlife, could result in a negation of that protection.
“We were worried that if we didn’t object it would later be argued we had given up our right to object,” said Mike King, deputy director of the Department of Natural Resources.
“We didn’t intend for it to be something aggressive or (vitiating) in nature. It was just something we had to do to preserve our right and make it clear we had concerns about the stipulations.”
He said his party is not in “litigation” mode and would like to sit down with key players and continue discussions.
The objection filed refers to questions regarding the legality of the stipulations, King said.
Part of the objection states terms in the stipulations “create uncertainty about the legal status of the Black Canyon reserved rights and how they may be administered,” according to the filing.
In addition, “The Division of Wildlife owns water rights that divert from the Upper Gunnison River Basin for beneficial use outside of Water Division 4; therefore, those rights may suffer injury under the terms of this stipulation,” according to the filing.
McClow said many parties in the case will respond to the filing by the end of the month, when the judge will make a decision.
“We’ve made a loud protest to the governor, the Colorado River Conservation District, Upper Gunnison and Gunnison County Stock Growers,” he said.
Marc Catlin, manager of the Uncompahgre Valley Waters Users Association, said that although the area he represents is not directly affected by the objection, he has been closely watching the situation.
“It’s more hide off the inside of your belly ’cause it makes you worry,” Catlin said.
But he can understand why the state would be concerned, especially regarding the water rights of the Department of Wildlife, he said.
“I think that the state is being very careful,” Catlin said. “I’d kind of rather them be more careful than not.”
He said he would like to see parties on both sides “sit down and figure out a way to settle it rather than litigate.”
Contact Robert Allen via e-mail at roberta@montrosepress.com
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