The U.S. Forest Service declines to impose a moratorium on new rule designed to keep ski area water with the land, lawsuit in the wings


From The Denver Post (Jason Blevins):

The ski industry plans to sue the U.S. Forest Service to stop a new water-rights clause in ski-area permits that resorts argue is a federal taking of tens of millions of dollars in private water rights. “This was inevitable,” said Michael Berry, president of the 121-resort National Ski Areas Association, speaking of the lawsuit. “We have worked very hard to avoid it, but there hasn’t been a willingness on the part of the (Forest Service).”[…]

The industry and a consortium of legislators, including U.S. Sens. Mark Udall and Michael Bennet, both Colorado Democrats, and Rep. Scott Tipton, a Colorado Republican, have urged the Forest Service to suspend implementation of the controversial new clause. The agency this week declined to issue a moratorium.

More water law coverage here.

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