Click the link to read the article on the Aspen Journalism website (Heather Sackett):
Northern Colorado rancher Jay Fetcher looked out over the snowy fields of his family’s sprawling ranch 20 miles north of Steamboat Springs.
Cows grazed on hay on a bright, frigid February morning in the tiny settlement of Clark. Fetcher has been ranching the 1,400 acres of hay meadows and pastures in view of the Mountain Zirkel Wilderness for most of his life.
Fetcher’s late father, John, was a legend in the Steamboat area, who moved there to ranch in 1949. A founder of the Steamboat Ski Resort, he was also on the board of the Upper Yampa Water Conservancy District and a director of the Colorado Water Conservation Board.
“He was crazy passionate about water,” Fetcher said.
One of his legacies was putting the family ranch under a conservation easement, meaning the land would never be developed.
“If we chose to develop it, we could put 70 homesites, but now, it will stay open space forever,” Fetcher said. “It feels good knowing there won’t be golf courses out here.”
The land also has ample water rights. The ranch is flood-irrigated by a system of ditches that pull water from Sand Creek, McPhee Creek, Cottonwood Creek and the Elk River. But Fetcher is facing a complicated situation regarding one of the smaller, more junior rights in the portfolio that state officials believe has been “abandoned.”
Abandonment is the official term for one of Colorado’s best-known water adages and concepts: “use it or lose it.” Every 10 years, engineers and water commissioners from the Colorado Division of Water Resources review every water right — through diversion records and site visits — to see whether it has been used at some point in the previous decade. If they don’t see evidence of use, they could place the water right on the abandonment list and a water court could make it official.
Abandonment means the right to use the water is essentially canceled and ceases to exist. The water right goes back to the stream where another user can file an application to claim it and put it to beneficial use.
Fetcher’s water right that is in jeopardy is 2.5 cubic feet per second from the Hoover Jacques Ditch that dates to 1972. This ditch pulls water from the Elk River and flood-irrigates a pasture. In a letter to Fetcher, officials from the Colorado Division of Water Resources say that aerial imagery and their data suggest that the land has not been irrigated in quite some time.
Fetcher admits that it has been challenging to get water from the diversion point to the pasture five miles away through an unlined ditch, and the 40-acre pasture that it irrigates doesn’t produce much hay anyway. Fetcher often couldn’t take his full amount because the water just wasn’t available, but he hesitated to place a call because it didn’t seem worth it, he said.
Water users who aren’t receiving their total share can place what’s known as a call, which forces upstream junior users to cut back so the senior water right can get its full amount. Older water rights get first use of the river.
“It was really hard to get water through all our neighbors to actually use it,” he said. “By the time water gets there, it’s a trickle. And we just didn’t have time to run up there and irrigate a little bit of pasture.”
The Fetcher property has eight different ditches, and a huge amount of work is necessary to maintain them, he said.
“We want to make sure we don’t fall on the abandonment list with these other ditches,” he said. “We try to limit the labor on the ranch to make it profitable, so how does someone taking care of 800 cows have time to run around and make all of them work?”
