Happy Halloween!

October 31, 2008

TU appeals Dry Gulch decision

October 31, 2008
By Chuck McGuire

Therefore, in this latest appeal, TU proclaimed an “Advisory Listing of Issues to be Raised on Appeal.” They include:

• Whether applicants (the districts) demonstrated the 50-year water rights planning horizon adopted by the water court to be reasonable, as required under the anti-speculation standard.

• Whether applicants substantiated population projections, based on a normal rate of growth, for the 50-year planning period, as required under the anti-speculation standard.

• Whether applicants demonstrated that the decreed amount of water is reasonably necessary, above their current water supply, to serve projected population through the planning period, as required under the anti-speculation standard.

The appeal also states, “The transcript of evidence taken before the trial court is necessary to resolve the issues raised on appeal.”


52: Perpetual pork

October 30, 2008

Aspen Times

Letter to the editor from CTU President Ken Neubecker.


PAWSD vs TU, Round Four

October 30, 2008

Pagosa Daily Post

Glenn Walsh | 10/30/08

Monday afternoon, Andrew Peternell, director of the Colorado Water Project for Trout Unlimited, filed an appeal of Judge Gregory Lyman’s September 11 judgment awarding the Pagosa Area Water and Sanitation District and the San Juan Water Conservancy District an additional water storage right of 19,000 acre feet for their Dry Gulch Reservoir project and the right to pump water from the San Juan River at the rate of 150 cubic feet per second.

PAWSD presently has the right to divert 6300 acre feet of water from the San Juan River for storage and to pump 6.9 cubic feet per second from the river to its Snowball treatment facility.  The 150 cfs grant in Lyman’s decision represents a more than twenty-fold increase.  Significantly, the 150 cfs right is 700% larger than the right the water districts’ engineer Steve Harris claimed was necessary to meet 2040 demand in his initially engineering report for the Dry Gulch reservoir.


Trout Unlimited Appeals Dry Gulch Decision

October 29, 2008

Pagosa Daily Post

Sheila Berger | 10/29/08

The Appeal is based upon three issues: the reasonableness of a 50-year planning horizon, whether the 50-year population projections can be substantiated based upon a normal rate of growth, and whether the applicants sufficiently demonstrated that the decreed amount of water is reasonably necessary to serve this projected population.


Time for truth about two amendments

October 29, 2008

“A no vote on 58 benefits only the wildly profitable energy industry. Voting yes assists various important state programs, not least its wildlife….”

“A long list of organizations that includes every major wildlife organization, the Farm Bureau, Colorado Forum, Colorado Center on Law and Policy and virtually every water conservancy districts on both sides of the Continental Divide oppose Amendment 52.”


Water groups decry Amendment 52

October 28, 2008
The ballot measure would divert funds to highway projects.

By Mark Jaffe
The Denver Post
“At a time when we are under pressure to get more out of our water resource and protect the environment, this would seriously hamper us,” said Harris Sherman, executive director of the state Department of Natural Resources.