From the Northern Colorado Business Report (Steve Lynn):
The Colorado Farm Bureau said a U.S. Forest Service decision to no longer pursue forcing ski areas to surrender their water rights to renew their operating permits bodes well for farmers.
The Forest Service’s decision represents a “huge win” for private property owners, including farmers with grazing permits, the Farm Bureau said in a statement.
“We were concerned that if the Forest Service could demand this from ski areas, it was only a matter of time until they went after ranchers who also use Forest Service lands to do the same to renew their grazing permits,” Farm Bureau President Don Shawcroft, said in a statement.
From The Grand Junction Daily Sentinel (Gary Harmon):
A measure that would bar federal agencies from demanding state water rights in exchange for permits to use federal lands will get a vote in the U.S. House. The House Resources Committee on Thursday passed H.R. 3189, the Water Rights Protection Act by U.S. Reps. Scott Tipton, a Republican, and Jared Polis, a Democrat.
The U.S. Forest Service said this week that it would not require ski areas to surrender water rights in exchange for permits to operate on forest lands. The imposition of that requirement prompted the legislation, but Tipton said legislation is needed.
“Water users need certainty that all federal land management agencies, not just the Forest Service, are prohibited from future attempts to take privately held water rights,” Tipton said in a statement.
The National Ski Areas Association said the measure is necessary to give stability to its members.
“The policy change announced by the agency is the fourth change in Forest Service water policy for ski areas in 10 years,” the association said.
“These changes are disruptive, create uncertainty and adversely impact our operations, planning and future growth.”
Only federal legislation can provide long-term protection against the taking of water rights by the federal government, the association said.
A floor vote has not been scheduled.
A companion measure sponsored by Sen. John Barasso, R-Wyo., has been introduced in the Senate.
More water law coverage here. More NSAA vs. USFS coverage here.