From the Aspen Journalism (Brent Gardner-Smith):
The West Divide Water Conservancy District of Rifle filed a “statement of opposition” with District Court, Water Division No. 5 on Jan. 27.
West Divide said it is “the owner of vested water rights that may be injured by the granting of this application” to Glenwood Springs.
Other such filings are expected from Denver Water, the Colorado River District and the Colorado Water Conservation Board.
A “statement of opposition” is typically formulaic and opaque. The filer’s true intent can be hard to discern. It may be genuine opposition, curiosity, or an easy way to monitor a case.
In most cases, parties eventually agree to limits on the proposed water right, which are ultimately reflected in a decree from the water court.
“It’s a long process,” attorney Mark Hamilton of Holland and Hart in Aspen told the Glenwood Springs City Council on Dec. 19. “It can be a slow process. There’s a lot of opportunities for issues to be raised and resolved.”
On Dec. 31, Glenwood Springs applied to secure a steady flow of water in its proposed whitewater parks. It is seeking a base flow of 1,250 cubic feet per second (cfs), from April 1 to Sept. 30. It is also claiming the right to 2,500 cfs of water for 46 days between April 30 and July 23.
And it wants the right to 4,000 cfs of water for five days of big-water boating during peak flows between May 11 and July 6.
The rights would be dependent upon rock structures being anchored in the river to create play waves at No Name, Horseshoe Bend and on the stretch of river between the Grand Avenue Bridge and Two Rivers Park, just below downtown Glenwood.
Given the size of the water rights being requested, and because they are on the heavily managed Colorado River, Glenwood’s application is likely to draw interest…
Glenwood’s “non-consumptive” rights would be legally tied to the eventual building of six rock structures in the river, creating two play waves in each of the three parks.
The water would stay in the river, but would run over boulders secured in the riverbed to form waves at high, medium and low flows…
The whitewater park at No Name, about two miles upriver from downtown Glenwood, would use the existing parking lot and restrooms at the CDOT rest stop on Interstate 70. The structures would be just upriver of the rest stop and Glenwood Canyon Resort.
Horseshoe Bend is about a mile above Glenwood, where the existing bike path crosses over the highway and runs by a picnic shelter on BLM land, in a narrow and deep part of Glenwood Canyon.
The third park would be on a wide stretch of river below the Grand Avenue Bridge, but above the confluence of the Colorado and the Roaring Fork rivers, where a pedestrian bridge crosses the Colorado at Two Rivers Park.
The three new parks would be upriver of the existing “Glenwood Wave” in the Glenwood Springs Whitewater Park, in West Glenwood…
The River District board voted in January to file a statement in the case, citing protection of its water rights and interstate water agreements.
It also wants to maintain the recently approved Colorado River Cooperative Agreement, which speaks to managing the upper Colorado River…
A January memo from Peter Fleming, the general counsel of the River District, said Denver Water “might assert that the claimed flow rates do not follow the strict language of the Colorado River Cooperative Agreement.”
As such, Fleming said, Denver Water “likely will oppose” Glenwood’s application.