Colorado Water Congress summer meeting: Deputy State Engineer Mike Sullivan — ‘The state engineer cannot curtail diversions from another state’

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I’ve thought for a long time that Aaron Million’s proposal is akin to him driving a tanker truck across the Colorado/Wyoming border — not subject to Colorado water law — and that any water moved would count against the Upper Colorado River Compact. That’s the way the deputy state engineer sees it as well. Here’s a report from Chris Woodka writing for The Pueblo Chieftain. From the article:

“The state engineer cannot curtail diversions from another state,” Deputy State Engineer Mike Sullivan told the Legislature’s water resources review committee Tuesday. “We can’t go into Wyoming and padlock a headgate.” Sullivan and State Engineer Dick Wolfe told the committee they have concerns about proposals to take water from Flaming Gorge Reservoir and the Green River in Wyoming and send it through a pipeline to Colorado’s Front Range.

Wolfe explained that such plans could interfere with water rights administration in Colorado, particularly if lower basin states in the Colorado River Compact were to put a call on the river. Flaming Gorge Reservoir and the Green River are both part of the Colorado River basin, which supplies 80 percent of Colorado’s water. Under the compact, Colorado, New Mexico, Wyoming and Utah are required to deliver 75 million acre-feet of water over a 10-year period at Lake Powell. If they fail to do so, Arizona, California and Nevada could demand water, calling out junior rights in Colorado [ed. the compact has a 1922 priority, senior, for example, to the Colorado-Big Thompson Project]…

Fort Collins entrepreneur Aaron Million is claiming a Wyoming water right as the basis for his Flaming Gorge project, which would make enforcing it difficult under Colorado’s priority system. The Colorado-Wyoming coalition, led by Frank Jaeger of Parker Water and Sanitation, plans to work with the Bureau of Reclamation, and could claim the Flaming Gorge priority date. “There’s no authority in place for dealing with Flaming Gorge,” Wolfe told the committee.

Meanwhile, meeting attendees were treated to a discussion of population estimates yesterday. Here’s a report from Chris Woodka writing for The Pueblo Chieftain. From the article:

The state population grew to more than 5 million in 2010, from 4.3 million in 2000. Colorado grew at a 17 percent rate over the decade, compared with 9 percent for the nation as a whole…

[Elizabeth Garner, state demographer] gave a detailed analysis of counties, showing that the Eastern Plains and San Luis Valley were flat or lost population in the past decade, while the Front Range and Western Slope were the fastest growing parts of the state…

But the picture gets more complicated because baby boomers are getting older. Colorado’s population over age 65 is expected to grow by 150 percent in the next 20 years, which could also contribute to smaller household sizes, changes in water consumption patterns and the tax base. “We are becoming very different,” Garner said. “For the last decade, the largest part of our population has been the most productive . . . In the next 10 years, 1 million people will be leaving the labor force.”

More Colorado water coverage here.

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