From The Durango Herald (Joe Hanel):
[State Representative Jerry Sonnenberg] is sponsoring House Bill 1013, which forbids the federal government from forcing people to cede their water rights in order to get a special use permit. The bill matters because the Forest Service usually defers to state law on water rights.
Sonnenberg’s hometown is about as far from a ski resort as a Coloradan can get without crossing the border to Nebraska, but he has bigger concerns than fresh powder. “This isn’t just about ski resorts. This affects agriculture. Agriculture has a number of grazing permits on public lands,” Sonnenberg said.
But the unanimous votes Sonnenberg has received so far mask some serious concerns from Democrats…
The Forest Service’s 2011 policy was just the latest in three decades of efforts to make sure ski water rights stay tied to ski mountains.
Ski areas won a victory in a Denver courtroom last December when U.S. District Judge William Martinez threw out the policy nationwide. He cited “severe” and “serious” problems with the way the Forest Service wrote the rule without soliciting public input.
After that case, the Forest Service announced a public process to create a new water-rights rule for ski areas. The process should start this spring.
Legislators want to get a bill passed before the Forest Service approves a new rule.
The Forest Service, too, wants to get something done, especially in light of global warming and the recent dry winters.
“We know that the need for snowmaking is likely to grow, as evidenced by our current prolonged drought and warmer winters, which increases the importance of these issues for the industry and the public,” [Regional Forester Dan Jirón] said in testimony last month.
More 2013 Colorado legislation coverage here.