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The Upper Basin Compact in a nutshell
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Rocky Mountain Voice, Commentary, State, Top Stories

The Upper Basin Compact in a nutshell

By Steve Harris | Guest Commentary, Rocky Mountain Voice Editor’s note: This is Part 5 of 6 in the Water Time Reflections series by Steve Harris, marking 100 years since the Colorado River Compact. In this installment, Harris examines the 1948 Upper Colorado River Basin Compact—how it divided water among the Upper Basin states, shaped drought management, and continues to guide allocations today. For those of us in the Upper Colorado River Basin, we have the Upper Colorado River Basin Compact (UBC) that was negotiated from 1946 to 1948, and was ratified in 1948 (a copy is available by clicking here). The UBC is as important to the Upper Basin States as the Colorado River Compact (CRC) is for the entire basin because it allocates water to each state including during shortages. Though n...
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A small river with big influence: How the La Plata shaped western water law
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Rocky Mountain Voice, Commentary, State, Top Stories

A small river with big influence: How the La Plata shaped western water law

By Steve Harris | Guest Commentary, Rocky Mountain Voice Editor’s note: If you’re just joining the Water Time Reflections series by Steve Harris, this is Part 4 of 6 marking 100 years since the Colorado River Compact. Earlier pieces traced how the compact was conceived, debated, and ultimately divided the river. Here, Harris turns to the lesser-known La Plata River Compact—another milestone negotiated in 1922 that shaped interstate water law. The La Plata River Compact is also over 100 years old. It was negotiated between Delph Carpenter from Colorado and Stephen Davis from New Mexico during 1922 and finalized at Bishop’s Lodge in Santa Fe, New Mexico. I could not find minutes or detailed information on the negotiations between Carpenter and Davis and so relied upon informa...
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West Slope’s Conscience v. Denver’s Memory
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GregWalcher.com, Commentary, State, Top Stories

West Slope’s Conscience v. Denver’s Memory

By Greg Walcher | Commentary, GregWalcher.com Washington Evening Star humorist Philander Chase Johnson created a great character named Senator Sorghum. A 1902 piece called “A Delicate Distinction” had one character saying, “That friend of yours seems to have a clear conscience.” Senator Sorghum answered, “No, not a clear conscience; merely a bad memory.” A convenient memory is common in politics. And current negotiations regarding the Colorado River District’s attempt to purchase the Shoshone water rights from Excel Energy provide a perfect example. Water providers up and down the Front Range, and especially Denver Water, seem to be conveniently forgetting the agreement made more than a decade ago – to support the purchase, and even help finance it. No water rights question i...
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A Seat at the Table, Not Just a Chair in the Room
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American Policy, Approved, Commentary, State

A Seat at the Table, Not Just a Chair in the Room

By Aimee Tooker | Commentary, American Policy Center Coordination is the key to harmonizing land management plans and the strategies of the communities that live and work on federal public lands From the San Juan Mountains in Southwest Colorado the Dolores River flows through Montezuma, Dolores, San Miguel, Montrose and Mesa counties until the state line with Utah.  National and local environmental and rewilding advocates had pushed for almost 50 years for a Wild and Scenic designation on the Dolores River.  It never went through because over the course of the years it was decided by the generational locals, municipalities and tax districts that that was not the correct way to manage the river. The talk of Wild and Scenic designation (most restrictive designation for a river) cau...
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Western Water Crisis Deepens as Key Colorado River Decisions Loom
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The Fence Post, Approved, State

Western Water Crisis Deepens as Key Colorado River Decisions Loom

By Ali Longwell | The Fence Post Western Slope elected officials, water managers, engineers and conservationists met in Grand Junction on Friday, Oct. 3, all focused on one thing: the uncertain future of the Colorado River. “Water users, as a lot, tend to crave certainty, and that certainty seems more and more elusive these days,” said Peter Fleming, general counsel for the Colorado River District, at this year’s annual seminar hosted by the River District. Andy Mueller, the River District’s general manager, said the Colorado River Basin was “at a crossroads.” While the seminar broached many of the challenges and opportunities facing those who rely on the Colorado River, most discussions came back to two looming decisions that will dictate how the future looks for the 40 millio...
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How Did Compact Negotiators Split the Colorado River’s Flow in 1922?
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Rocky Mountain Voice, Commentary, State, Top Stories

How Did Compact Negotiators Split the Colorado River’s Flow in 1922?

By Steve Harris | Guest Commentary, Rocky Mountain Voice For my third installment in our discussion of the 100-year anniversary of the Colorado River Compact in 1922, I’ll describe how the states negotiated their respective share of the annual flow of the Colorado River. Though I was not in attendance in 1922, the minutes of the negotiations are very thorough. A few definitions before we start: “WY” is short for the federal water year from October 1st to September 30th. Colorado water years are November to October. AF is acre-feet or 325,851 gallons or 43,560 cubic feet. MAF is million acre-feet. Actual Colorado River flows in 1922: At the first Colorado River Compact Commission (CRCC) meeting on January 30, 1922, data on the flow of the Colorado River at various l...
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Do your rights end at my property—or has Colorado left public access unclear?
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GregWalcher.com, Approved, Commentary, State

Do your rights end at my property—or has Colorado left public access unclear?

By Greg Walcher | Commentary, GregWalcher.com John B. Finch, a 19th Century prohibition activist, originated the expression, “your right to swing your arm ends just where my nose begins.” Justice Oliver Wendell Holmes often used similar analogies to argue that personal freedoms do not extend to injuring the safety or property of others. Yet he also upheld limitations on property rights when their exercise would harm the community. That legal dichotomy is at the heart of a long-simmering Colorado dispute, whether one has the right to float on streams that cross private property. It is the subject of “Public Resources on Private Property: Why the right to float is complicated and how Colorado addresses it,” a new report from the Common Sense Institute, which I co-authored with one of m...
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“Harris Water Time” and the Colorado River Compact’s century of lessons
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Rocky Mountain Voice, Commentary, State, Top Stories

“Harris Water Time” and the Colorado River Compact’s century of lessons

By Steve Harris | Guest Commentary, Rocky Mountain Voice Any good water management effort, process or project takes what I like to call “water time”—if you expect a water negotiation to take one year, add a zero because it will more likely consume 10! This I now officially and publicly trademark as “Harris Water Time,” patent pending. Yet somehow the sturdy Colorado River Compact seems to turn my “water time” on its head—a complex, controversial interstate compact was negotiated in a year and has withstood over 100! The Colorado River Compact split the basin into Upper and Lower regions, shaping water rights for seven states. Photo source: U.S. Geological Survey (2016a). To explore this confounding story, my young friend suggested I write a series of articles on the Com...
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The push to redefine beneficial use ignores 100 years of western water law
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GregWalcher.com, Approved, Commentary, State

The push to redefine beneficial use ignores 100 years of western water law

By Greg Walcher | Commentary, GregWalcher.com Last week when some marauding teens bashed a mailbox with a bat, angry neighbors posted on nextdoor.com, “there needs to be a law against that.” Is that just an impulse reaction, or do they really not know there is a law against that. Since 1909, it has been a federal offense to tamper with, vandalize, deface, or destroy mailboxes, under penalty of three years in prison and a $250,000 fine. People often think things ought to be illegal that already are, that we should regulate things we already do, even that things ought to be defined that already are. I couldn’t help wondering how serious recent headlines were, announcing that several environmental industry groups had petitioned the Bureau of Reclamation to stop allowing water to be wast...
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Shoshone Water Rights Could Bolster Fish, Wildlife and Recreation on Colorado River
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State, Approved, The Colorado Sun

Shoshone Water Rights Could Bolster Fish, Wildlife and Recreation on Colorado River

By Shannon Mullane | The Colorado Sun Allowing the state to use Shoshone’s water rights to help the environment could save fish and improve the aquatic environment, according to state studies. Colorado water officials will gather in Durango this week to decide whether a pair of powerful Colorado River rights can be used to benefit the environment.  The Colorado River District, supported by a broad Western Slope coalition, has entered into a $99 million agreement with Xcel Energy to buy two key water rights tied to Shoshone Power Plant, located on the Colorado River near Glenwood Springs. Part of the deal is to add a newly approved use to the existing water rights: keeping water in the river to help the aquatic ecosystem.  That environmental use, called an in-stream flow ri...
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