# Urgent RICD alert- help protect recreational water rights!!!



## b2 (Feb 6, 2005)

*Cliff notes...can you spare a minute to save our rivers?*

Cliff note version... Senate Bill 37 as it stands without Grossman's amendments is hostile to Recreational Water rights, and it is questionable that any city would file for Recreational rights under the overly strict and limiting restrictions of the un-amended bill. In essence it would make it harder to prove economic benefit if only looking at kayakers as legitimate users, thus harder to qualify and then nearly impossible to enforce the water rights since it would put junior rights ahead of the Recreational rights. It also would be subject to review every 20 years-leading to continuous litigation and lack of certainty for the Recreational water right holder. It also requires auditing the daily use of the parks...this bill without Grossman's amendments is a joke. 

Please call your Senator-takes a minute, write your paper...do something. The antidote to anger at our institutions is to do SOMETHING positive. The new "Grossman" amendments Must be included in SB 37!

Thanks,
b2

PS the Durango City Council just approved filing for an RICD, which would put the filing under the old rules/legislation since the new unamended legislation is so hostile to the City's interests...but we all will benefit from good new legislation on RICD's.


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## patrickt (Oct 10, 2003)

*Colorado Whitewater Update on Senate Bill 37*

*Colorado Whitewater Alert and Update*
Yesterday, I appeared at the House Agricultural and Natural Resources Committee to voice Colorado Whitewater's and American Whitewater's opposition to Senate Bill 37. Senate Bill 37 is this yet another attempt to relegate Recreational In-Channel Diversions to a second class status. Senate bill 37 is a bad bill, although not as bad as it was when first introduced. I have been told that the bill will pass out of the House Ag Committee tomorrow, perhaps with some amendments, perhaps not. So, call you legislators to let them know how you feel about this bill. 
I have attached below the contents of an email the Colorado Environmental Coalition sent to environmental and recreational groups urging them to oppose Senate Bill 37. CEC's email summarizes two of the major problems with Senate Bill 37 and gives you contact information so that you can voice your objection to this bill. The only good news is that Senate Bill 37 is not retroctive in application. 

Cheers, 
Patrick Tooley
Colorado Whitewater President and Access Director

p.s. Two updates to the CEC email. First, the 90 percent call provision (see below) has been reduced to 85 percent. What this provision means is that if there is less than 85 percent of the water necessary to satisfy an RICD decree, you get nothing. No other water right is subject to such a non-sensical provision. If a farmer wants to irrigate his or her fields or if the city wants to irrigate its golf course with its decreed amount of 100 cfs of water, even if there is not 100 cfs of water, they get what there is, whether that is 50, or 40, or 10 cfs. Conversely, a city that has a whitewater park and a water right for 100 cfs would get nothing if 80 cfs is available. This should give you a flavor of the bill. Second, the retained jurisdiction provision remains, but limits who can seek a review of the RICD decree. Regardless, with the retained jurisdction provision a RICD decree is not really a right, since it can be challenged down the road.
_________________ 
*Colorado Environmental Coalition Email*
Background
This years Recreational In-Channel Diversion (RICD) bill, Senate Bill 37, passed the Senate and will be heard in the House Agricultural and Natural Resources Committee today and will be voting on the bill Wednesday morning. Though the bill is in better shape than when it passed out of the Senate Agricultural and Natural Resources Committee, it still has problems that will limit the ability of local communities to call on their water right in times of drought and would make RICDs second class water rights in Colorado.



Positive changes to the bill and remaining problems



Positive changes in the Senate:



Senator Isgar, the bill sponsor, agreed to remove the language that would have limited recreational water rights to kayaking only and expanded the bill to include all forms of boating. 


Senator Isgar also removed the onerous provision requiring burdensome reporting requirements by 


Remaining problems to tackle in the House:



The 90% call language which would have prevented right holders from claiming the full right unless 90% of their right was available was changed to an 85% threshold which still leaves RICDs as second class water rights under Colorado law. Recreational water rights should be allowed to call on their rights under the prior appropriation system just as every other water right in the state can. 


The other outstanding issue with SB 37 is the retained jurisdiction provision. Under this provision SB 37 would require the water courts to retain jurisdiction over RICD water rights for a minimum of 20 years. During the retained jurisdiction period, any party could challenge the RICD right and request the court to revoke the right. Forcing RICD right holders to return to court to defend rights that have already been granted would be burdensome, unfair and extremely costly to the communities and their taxpayers. 


Our Position
The conservation community continues to oppose SB37 unless these two issues are resolved. We hope that we can make these necessary changes in the House. Or goal now is to take the two successful changes in the Senate and continue to fight for a bill in the House that will protect and promote RICDs.



What you can do
We need folks to call their representatives immediately and let them know that you want these two critical provisions amended in order to protect recreational water rights. Ask them to amend the bill so that RICDs do not become second class water rights in Colorado and become ineffective in protecting our recreation economy



Committee Chair: Representative Kathleen Curry 

Capitol: 303-866-2945
E-mail: [email protected] 



Committee Vice-Chair: Representative Wes McKinley 

Capitol: 303-866-2398
E-mail: [email protected] 



Members: 



Rep. Rafael Gallegos 

Cap: 303-866-2916
E-mail: [email protected] 



Rep. Cory Gardner 

Cap: 303-866-2906
E-mail: [email protected]; 



Rep. Ted Harvey 

Cap: 303-866-2936
E-mail: [email protected]; 



Rep Mary Hodge 

Cap: 303-866-2912
E-mail: [email protected]; 



Rep. Diane Hoppe 

Cap: 303-866-3706
E-mail: [email protected]; 



Rep Buffy McFadyen 

Cap: 303-866-2905
E-mail: [email protected]; 



Rep. Ray Rose 

Cap: 303-866-2955
E-mail: [email protected]; 



Rep. Judy Solano 

Cap: 303-866-2918
E-mail: [email protected]; 



Rep. Al White 

Cap: 303-866-2949
E-mail: [email protected] 


Don't know who your representative is? Visit www.vote-smart.org to find out. 



Points to make 

Promote whitewater recreation, protect local economies 
Recreational water rights should not be held to unreasonable and prohibitively costly standards that other water rights do not have to follow. 
If SB 37 passes in its current form, the ability of local governments to acquire and use these water rights will be diminished. It is less likely that local leaders will invest public funds to create these recreational amenities if the necessary stream flows cannot be protected. 
Water-based recreation and tourism, like rafting and kayaking, contribute significantly to Colorados economy and quality of life. 
Whitewater enthusiasts spend their afternoons, evenings and weekends not only in the whitewater parks, but in the local businesses of the communities hosting these parks. 
For example, the Arkansas River contributes over $80 million annually to Chaffee Countys economy from commercial rafting and fishing, private floaters and kayakers. 
The city of Golden estimates that its recreational water park brings in $1.4 to $2 million annually. 
Steamboat Springs estimates that the total beneficial value of their whitewater park is $7.2 million a year in economic activity. 


Let me know what kind of response you get from your elected so we can track their responses and how they vote on the issue. This is not our last chance to amend this bill but if we can get positive changes in the Ag committee then we will have a much easier fight on the House floor.



Make your calls today!!!



Kevin Natapow

Water Organizer

Colorado Environmental Coalition

1536 Wynkoop St, Suite 5C

Denver, CO 80305

(303) 405-6714

www.ourcolorado.org


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## patrickt (Oct 10, 2003)

*Call Now--House Ag Committee Votes Tomorrow on SB 37*

Here is the latest on Senate Bill 37. The House Agricultural Committee is scheduled to vote on Senate Bill 37 tomorrow. Two of the major problems with SB37 concern the 85 percent call provision and the retained jurisdiction provision (for details, see this thread generally). Attorneys and lobbyists for interested stakeholders are trying to broker a compromise that would eliminate the 85 percent call provision in favor of a flow range based on historical flows. On Monday, Representative Curry stated she didn't care which method is used, but those in favor of the 85 percent provision are trying to rush Senate Bill 37 to the Committee vote. Call Kathleen Curry and your representatives. Let them know the 85 percent provision is wrong. No other water user is subject to such a provision. Urge them to eliminate the retained jurisdiction provision. A water right should be a water right, not a temporary grant. The contact information for Ms. Curry is: 

Committee Chair: Representative Kathleen Curry 
Capitol: 303-866-2945 
E-mail: [email protected] 

Don't know who your representative is? Visit www.vote-smart.org to find out. 

If we act now, perhaps we can accomplish positive changes to this bill. Thanks.
Patrick Tooley, President and Access Director
Colorado Whitewater


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