Urgent RICD alert- help protect recreational water rights!!!

[knatapow]

Background
This year’s Recreational In-Channel Diversion bill, Senate Bill 37, passed out of the Senate Agricultural Committee and onto the Senate floor with some very problematic amendments that must be fixed immediately. We are losing the battle to protect recreational water rights and we need your help to shift the tide and get a good bill through the Senate and on to the House.

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What's at stake

In current form, the bill would allow communities to claim RICD water rights for kayaking purposes only. There are many other types of current water users and potential new watercrafts that also depend on minimum flows in these parks that need to be considered.

SB 37 as introduced states that the RICD cannot protect flow amounts less than 90 percent of the decreed amount of the right. In other words, in drier years, if at least 90 percent of the RICD stream flow is not available, the RICD would not be entitled to any flow and upstream diversions could completely dry the stream. In short, during water shortages, the parks won’t be able to claim any water. We would like this threshold to be eliminated or at least lowered significantly seeing as no other water right has to comply with such stipulations.

One of Sen. Isgar’s, D-Hesperus, new amendments to the bill would require “THE OWNER OF A DECREED RICD TO REPORT MONTHLY USAGE OF THE RICD TO THE STATE ENGINEER, INCLUDING, AS A MINIMUM, THE PEAK FLOW USED, NUMBER OF KAYAKERS WHO USED THE RICD, AND DATES WHEN THE RICD WAS USED”. This amendment is a very onerous one that would make administering these water rights next to impossible.

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Sen. Grossman, D-Denver, has proposed amendments that would provide the necessary resolution and protect recreational water rights. The Conservation Community opposes SB37 without the addition of Senator Grossman’s second reading amendments which would:

· Allow recreational in-channel water rights for all types of boating, not just kayaking;

· Remove overly burdensome reporting requirements including counting every kayaker in the water;

· Provide certainty to local communities that the legitimacy of the water right won’t be continuously re-litigated;

· Amend language, unique in water law, requiring 90% of the water be available in order to place a call on the water right.


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What you can do
The Senate is set to vote on the bill early next week and we need you to call or write to your senators and urge them to support Sen. Grossman’s proposed amendments.

Click here to find your senator’s direct phone number: http://www.leg.state.co.us/Clics2006...y?openframeset

Don't know who your senator is? Visit www.vote-smart.org to find out.


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Points to make- Promote whitewater recreation, protect local economies

Recreational water rights should not be treated differently than other water rights and should not be held to unreasonable and prohibitively costly standards that other water rights do not have to follow.

If SB 37 passes, the ability of local governments to acquire and use these water rights will be severely diminished. It is unlikely that local leaders will invest public funds to create these recreational amenities if the necessary stream flows cannot be protected.

Limiting the whitewater parks to kayak only is very shortsighted and would result in costly litigation for communities who want to use the parks for uses beyond kayaking.

Water-based recreation and tourism, like rafting and kayaking, contribute significantly to Colorado’s economy and quality of life.

Whitewater enthusiasts spend their afternoons, evenings and weekends not only in the whitewater parks, but in the local businesses of the communities hosting these parks.

For example, the Arkansas River contributes over $80 million annually to Chaffee County’s economy from commercial rafting and fishing, private floaters and kayakers.

The city of Golden estimates that its recreational water park brings in $1.4 to $2 million annually.

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Letter-writing tips
A written letter to the editor is another of the most effective ways to express your opinion on state legislative issues. Here are some tips to help increase your likelihood of publication:

Type or write legibly.
Be concise (200-300 words is a good rule of thumb).
Clearly state your point.
Use vivid language and imagery.
Where possible, refer to editorials or articles that the paper has printed.
Recommend a course of action to the reader.
Letter can be faxed, mailed, or in most cases emailed to the paper.
Include your name, address, and phone number.
If you are sending an email, write LTE in the subject line and copy/paste LTE in the body of the message.
You can use the same talking points as above and focus on the enormous economic benefits of whitewater parks for local communities and the rapid growth in the recreational economy.

Watch for your letter to be printed. If you see it, or other articles related to state legislative issues, send them to the Colorado Environmental Coalition at 1536 Wynkoop #5C, Denver, CO 80202, attn: Kevin


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Partial list of Colorado newspapers

The Denver Post
Letters to the Editor
1560 Broadway
Denver, CO 80202-1577
openforum@denverpost.com
fax: (303) 820-1502
voice: (303) 820-1331

The Rocky Mountain News
Letters to the Editor
100 Gene Amole Way
Denver, CO 80204
letters@rockymountainnews.com
fax: (303) 892-2568
voice: (303) 892-5477 (Vincent Carroll)

The Boulder Daily Camera
Mailing Address: PO Box 591
Boulder, CO 80306
Main Address: 1048 Pearl St. Boulder CO 80302
openforum@dailycamera.com
fax: (303) 449-9358
voice: 303-473-1305

The Fort Collins Coloradoan
1212 Riverside Ave
PO Box 1577
Fort Collins, CO 80524
Duff, Kathleen
KathleenDuff@coloradoan.com
voice: (970) 224-7733

The Pueblo Chieftain
PO Box 4040
825 West Sixth St.
Pueblo CO 81003
newsroom@chieftain.com
fax: (719) 544-5897
voice: (719) 544-3520

The Colorado Springs Gazette Telegraph
30 S. Prospect St.
Colorado Springs CO 80903
gtop@gazette.com
fax: (719) 636-0202
voice: (719) 636-0210 (Sean Paige)

The Colorado Springs Independent
235 S. Nevada
Colorado Springs, CO 80903
letters@csindy.com
fax: (719) 577-4107
voice: (719) 577-4545

The Greeley Tribune
PO Box 1690
Greeley, CO 80632
web@greeleytrib.com
fax: (970) 356-5780
voice: (970) 352-0211

The Durango Herald
1275 Main Ave.
Durango, CO 81301
General Tel: (970) 247-3504
voice: 375-4560 (Bill Roberts)

Grand Junction Daily Sentinel
PO Box 668
Grand Junction, CO 81502
letters@gjds.com
Fax: (970) 244-8578
Voice: (970) 242-5050

The Glenwood Springs Post Independent
2014 Grand Ave Glenwood Springs CO 81601-4162
mail@aspentimes.com ?
Fax: (970) 945-4487
Voice: (970) 945-8515

Montrose Daily Press
PO Box 850
Montrose, CO 81402
General Tel: (970) 249-3444
Fax: (970) 249-2370
News Editor: (970) 252-7036
miker@montrosepress.com

Steamboat Pilot & Today
PO Box 4827
Steamboat Springs, CO 80477
E-mail: Submit online
Fax: (970) 879-2888
Tel: (970) 879-1502

Vail Trail
PO Box 6200
Vail, CO 81658
tboyd@vailtrail.com
Fax: (970) 328-0573
Tel: (970) 32 TRAIL

Vail Daily
40780 US Hwy 6&24
Avon, CO 81620
Tel: (970) 949-0555

Valley Courier
401 State Ave.
Alamosa, CO 81101
General Fax: (719) 589-6573
General Tel: (719) 589-2553
Ruth Heide (News Editor): krc@fone.net
(719) 589-2553

Summit Daily News
PO Box 329
Frisco, CO 80443-0329
news@summitdaily.com
Tel: (970) 668-3998

Aurora Sentinel
10730 E. Bethany Drive Suite 304
Aurora, CO 80014
Fax: (303) 750-7699
Tel: (303) 750-7699

Aspen Times
310 East Main Street
Aspen, CO 81611
mail@aspentimes.com
Fax: (970) 925-6240
Tel: (970) 925-3414

Mountain Mail
PO Box 189
Salida, CO 81201
Tel: (719) 539-6691

Gunnison Country Times
218 N. Wisconsin
Gunnison, CO 81230
editor@gunnisontimes.com
Fax: (970) 641-6515
Tel: (970) 641-1414

Douglas County News-Press
PO Box 1270,
Castle Rock, CO 80104
Tel: (303) 688-3128
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[b2]

Cliff note version... Senate Bill 37 as it stands without Grossman's amendments is hostile to Recreational Water rights, and it is questionable that any city would file for Recreational rights under the overly strict and limiting restrictions of the un-amended bill. In essence it would make it harder to prove economic benefit if only looking at kayakers as legitimate users, thus harder to qualify and then nearly impossible to enforce the water rights since it would put junior rights ahead of the Recreational rights. It also would be subject to review every 20 years-leading to continuous litigation and lack of certainty for the Recreational water right holder. It also requires auditing the daily use of the parks...this bill without Grossman's amendments is a joke.

Please call your Senator-takes a minute, write your paper...do something. The antidote to anger at our institutions is to do SOMETHING positive. The new "Grossman" amendments Must be included in SB 37!

Thanks,
b2

PS the Durango City Council just approved filing for an RICD, which would put the filing under the old rules/legislation since the new unamended legislation is so hostile to the City's interests...but we all will benefit from good new legislation on RICD's.

[patrickt]

Colorado Whitewater Alert and Update
Yesterday, I appeared at the House Agricultural and Natural Resources Committee to voice Colorado Whitewater's and American Whitewater's opposition to Senate Bill 37. Senate Bill 37 is this yet another attempt to relegate Recreational In-Channel Diversions to a second class status. Senate bill 37 is a bad bill, although not as bad as it was when first introduced. I have been told that the bill will pass out of the House Ag Committee tomorrow, perhaps with some amendments, perhaps not. So, call you legislators to let them know how you feel about this bill.
I have attached below the contents of an email the Colorado Environmental Coalition sent to environmental and recreational groups urging them to oppose Senate Bill 37. CEC's email summarizes two of the major problems with Senate Bill 37 and gives you contact information so that you can voice your objection to this bill. The only good news is that Senate Bill 37 is not retroctive in application.

Cheers,
Patrick Tooley
Colorado Whitewater President and Access Director

p.s. Two updates to the CEC email. First, the 90 percent call provision (see below) has been reduced to 85 percent. What this provision means is that if there is less than 85 percent of the water necessary to satisfy an RICD decree, you get nothing. No other water right is subject to such a non-sensical provision. If a farmer wants to irrigate his or her fields or if the city wants to irrigate its golf course with its decreed amount of 100 cfs of water, even if there is not 100 cfs of water, they get what there is, whether that is 50, or 40, or 10 cfs. Conversely, a city that has a whitewater park and a water right for 100 cfs would get nothing if 80 cfs is available. This should give you a flavor of the bill. Second, the retained jurisdiction provision remains, but limits who can seek a review of the RICD decree. Regardless, with the retained jurisdction provision a RICD decree is not really a right, since it can be challenged down the road.
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Colorado Environmental Coalition Email
Background
This year’s Recreational In-Channel Diversion (RICD) bill, Senate Bill 37, passed the Senate and will be heard in the House Agricultural and Natural Resources Committee today and will be voting on the bill Wednesday morning. Though the bill is in better shape than when it passed out of the Senate Agricultural and Natural Resources Committee, it still has problems that will limit the ability of local communities to call on their water right in times of drought and would make RICD’s second class water rights in Colorado.



Positive changes to the bill and remaining problems



Positive changes in the Senate:



Senator Isgar, the bill sponsor, agreed to remove the language that would have limited recreational water rights to kayaking only and expanded the bill to include all forms of boating.


Senator Isgar also removed the onerous provision requiring burdensome reporting requirements by


Remaining problems to tackle in the House:



The 90% call language which would have prevented right holders from claiming the full right unless 90% of their right was available was changed to an 85% threshold which still leaves RICD’s as second class water rights under Colorado law. Recreational water rights should be allowed to call on their rights under the prior appropriation system just as every other water right in the state can.


The other outstanding issue with SB 37 is the retained jurisdiction provision. Under this provision SB 37 would require the water courts to retain jurisdiction over RICD water rights for a minimum of 20 years. During the retained jurisdiction period, any party could challenge the RICD right and request the court to revoke the right. Forcing RICD right holders to return to court to defend rights that have already been granted would be burdensome, unfair and extremely costly to the communities and their taxpayers.


Our Position
The conservation community continues to oppose SB37 unless these two issues are resolved. We hope that we can make these necessary changes in the House. Or goal now is to take the two successful changes in the Senate and continue to fight for a bill in the House that will protect and promote RICD’s.



What you can do
We need folks to call their representatives immediately and let them know that you want these two critical provisions amended in order to protect recreational water rights. Ask them to amend the bill so that RICD’s do not become second class water rights in Colorado and become ineffective in protecting our recreation economy



Committee Chair: Representative Kathleen Curry

Capitol: 303-866-2945
E-mail: kathleencurry@montrose.net



Committee Vice-Chair: Representative Wes McKinley

Capitol: 303-866-2398
E-mail: wes.mckinley.house@state.co.us



Members:



Rep. Rafael Gallegos

Cap: 303-866-2916
E-mail: rafael.gallegos.house@state.co.us



Rep. Cory Gardner

Cap: 303-866-2906
E-mail: cory.gardner.house@state.co.us;



Rep. Ted Harvey

Cap: 303-866-2936
E-mail: ted@tedharvey.com;



Rep Mary Hodge

Cap: 303-866-2912
E-mail: mary.hodge.house@state.co.us;



Rep. Diane Hoppe

Cap: 303-866-3706
E-mail: diane.hoppe.house@state.co.us;



Rep Buffy McFadyen

Cap: 303-866-2905
E-mail: McFadyen2002@hotmail.com;



Rep. Ray Rose

Cap: 303-866-2955
E-mail: ray.rose.house@state.co.us;



Rep. Judy Solano

Cap: 303-866-2918
E-mail: judy.solano.house@state.co.us;



Rep. Al White

Cap: 303-866-2949
E-mail: al.white.house@state.co.us


Don't know who your representative is? Visit www.vote-smart.org to find out.



Points to make

Promote whitewater recreation, protect local economies
Recreational water rights should not be held to unreasonable and prohibitively costly standards that other water rights do not have to follow.
If SB 37 passes in its current form, the ability of local governments to acquire and use these water rights will be diminished. It is less likely that local leaders will invest public funds to create these recreational amenities if the necessary stream flows cannot be protected.
Water-based recreation and tourism, like rafting and kayaking, contribute significantly to Colorado’s economy and quality of life.
Whitewater enthusiasts spend their afternoons, evenings and weekends not only in the whitewater parks, but in the local businesses of the communities hosting these parks.
For example, the Arkansas River contributes over $80 million annually to Chaffee County’s economy from commercial rafting and fishing, private floaters and kayakers.
The city of Golden estimates that its recreational water park brings in $1.4 to $2 million annually.
Steamboat Springs estimates that the total beneficial value of their whitewater park is $7.2 million a year in economic activity.


Let me know what kind of response you get from your elected so we can track their responses and how they vote on the issue. This is not our last chance to amend this bill but if we can get positive changes in the Ag committee then we will have a much easier fight on the House floor.



Make your calls today!!!



Kevin Natapow

Water Organizer

Colorado Environmental Coalition

1536 Wynkoop St, Suite 5C

Denver, CO 80305

(303) 405-6714

www.ourcolorado.org

[patrickt]

Here is the latest on Senate Bill 37. The House Agricultural Committee is scheduled to vote on Senate Bill 37 tomorrow. Two of the major problems with SB37 concern the 85 percent call provision and the retained jurisdiction provision (for details, see this thread generally). Attorneys and lobbyists for interested stakeholders are trying to broker a compromise that would eliminate the 85 percent call provision in favor of a flow range based on historical flows. On Monday, Representative Curry stated she didn't care which method is used, but those in favor of the 85 percent provision are trying to rush Senate Bill 37 to the Committee vote. Call Kathleen Curry and your representatives. Let them know the 85 percent provision is wrong. No other water user is subject to such a provision. Urge them to eliminate the retained jurisdiction provision. A water right should be a water right, not a temporary grant. The contact information for Ms. Curry is:

Committee Chair: Representative Kathleen Curry
Capitol: 303-866-2945
E-mail: kathleencurry@montrose.net

Don't know who your representative is? Visit www.vote-smart.org to find out.

If we act now, perhaps we can accomplish positive changes to this bill. Thanks.
Patrick Tooley, President and Access Director
Colorado Whitewater