We want to preface this by reminding our viewers that our last posts are simply meant at driving home a simple point about Colorado’s water law: The power does not rest in the individual water user, though it should.
Update: Kudos to Kim Lawrence, despite the below rant. He successfully negotiated the decree in 02CW335 (the GMS decree) without going to trial. He have up a lot though – namely, presumed depletion factors and a horribly restrictive projection of augmentation supplies (“Table-2″) – but he got it done.
We’ll be brief tonight. Back in the 70’s a slew of augmentation plans were taken through court, successfully. Think: Upper and Lower Platte and Beaver Canals, Bijou, Western Sugar, Cache la Poudre Water Users, etc. By today’s standards these plans were crude, but they worked. Their members were able to pump their wells, and they continue to pump their wells today.
Central could have done the same, but they didn’t. Their original engineers – namely, Morten Bittengerand associates – advocated for going to Court to obtain a court decree for their annual substitute supply plan.
Kim Lawrence and the Board of Central chose not to. Until thirty years later when the Court said they had to. What happened in those thirty some odd years?
Central beat up on other water users. Central was the “Boulder” during the 80’s and 90’s. Who was their chief outside consultant and engineer? Forrest Leaf.
Between Central’s lead attorney Kim Lawrence and their engineer Forrest Leaf (and later manager Tom Cech), Central was today’s Boulder.
Central left a bad taste in some people’s mouths that lingers today. Take for exampel Central’s extortion of about 1 cfs out of the City of Arvada for their Church Ditch change of use (something completely irrelevant in every other previous change of use on the Church). Arvada’s attorney at the time? Ronni Sperling.
Our point is NOT to lay blame. But people shoud know that what goes around comes around, and, at least to some exent(certainly not all) Centraldug its own grave in this mess. To be sure, Boulder/Centennial et al, are digging thier own today.
Water in Colorado IS NOT about power – or, at least, it shouldn’t be. Central was the dominant force on the South Platte a decade ago. Now a single law firm controls the river. Policy should dictate water use, and themes of equity and maximization of benefical use should dictate policy in the State.
There is so much wrong with Colorado’s so-called “water law” today…
