Loading...
TC Res. No. 2005-09 OPPOSING SENATE BILL 62 AS AN ATTACK ON LOCALTOWN OF AVON, COLORADO RESOLUTION NO. 05-09 Series of 2005 A RESOLUTION OPPOSING SENATE BILL 62 AS AN ATTACK ON LOCAL CONTROL VIA RECREATIONAL IN-CHANNEL DIVERSION WATER RIGHTS TO THE DETRIMENT OF OUR LOCAL ECONOMY'S RECREATION AND TOURISM INDUSTRY WHEREAS, Recreational In-Channel Diversions (RICD) water rights are provided for in Colorado law and are widely accepted as a beneficial non-consumptive water use of growing importance to Colorado's critical tourism and recreation industries; and WHEREAS, RICD's represent a new, clean use of water that generates important revenue without consuming a single drop of water; and WHEREAS, Senate Bill 62 constitutes a direct attack on local control, on our community's recreation and tourism based industries and our ability to develop future recreation based tourism industries and relegates recreational water uses to second class status by effectively eliminating future and existing RICD's; and WHEREAS, Senate Bill 62 was introduced by State Senator Jack Taylor, who represents the Town of Avon and other tourism and recreation dependent municipalities and who has otherwise been a champion of Colorado's vital tourism and recreation industry. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby expresses its vigorous opposition to SB62 and urges Senator Jack Taylor to immediately withdraw this dangerous, discriminatory and unnecessary legislation and alternately urges all other senators & representatives to oppose this legislation. Adopted This 22nd Day Of February 2005. To f Avon, Colo ado ®~t11 a F q~0 • t S E A 1, = Ronald, C. Wolfe, Mayo ATTTEST::~(~ =~cc."`( ' l~ -ft First Regular Session Sixty-fifth General Assembly STATE OF COLORADO PREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO. 05-0445.01 Karen Woods SENATE BILL 05-062 SENATE SPONSORSHIP Taylor, HOUSE SPONSORSHIP (None), Senate Committees House Committees Agriculture, Natural Resources & Energy A BILL FOR AN ACT 101 CONCERNING ADDITIONAL REQUIREMENTS APPLICABLE TO THE 102 ADJUDICATION OF A RECREATIONAL IN-CHANNEL DIVERSION. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires the Colorado water conservation board to make written findings on an application for a recreational in-channel diversion concerning whether the recreational in-channel diversion will affect future upstream water storage and water development projects. Adds "control structure" to the definition of "diversion" and further defines "control structure". Defines "recreational in-channel use" to mean kayaking, but not inner tubing, swimming, fishing, boating, rafting, or other water-related Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. i recreational uses. Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. 37-92-103 (4), (7), and (10.3), Colorado Revised 3 Statutes,,are amended, and the said 37-92-103 is further amended BY 4 THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to 5 read: 6 37-92-103. Definitions. As used in this article, unless the context 7 otherwise requires: 8 4) "Beneficial use" is the use of.that amount of water that is 9 reasonable and appropriate under reasonably efficient practices to 10 . accomplish without waste the purpose for which the appropriation is 11 lawfully made and, without limiting the generality of the foregoing, 12 includes-the impoundment of water for recreational purposes, including 13 fisherv or wildlife, and also includes the diversion of water by a coun 14 municipality, city and county, water district, water and sanitation district, 15 water conservation district, or water conservancy district for recreational 16 in-channel diversion pMoses. For the benefit and enjoyment of present 17 and future generations, "beneficial use" shall also include the 18 a propriation by the state of Colorado in the manner prescribed by law 19 of such minimum flows between specific points or levels for and on 20 natural streams and lakes as are required to preserve the natural 21 environment to a reasonable degree. WATER`-DIVERTED FOR A 22 RECREATIONAL IN-CHANNEL DIVERSION IN EXCESS OF THREE HUNDRED 23 FIFTY CUBIC FEET PER SECOND SHALL CONCLUSIVELY BE DEEMED TO BE 24 WASTED, AND NOT PLACED TO BENEFICIAL USE;' EXCEPT THAT SUCH 25 LIMITATION SHALL NOT APPLY TO THE ADMINISTRATION OF A WATER RIGHT -2- 062 1 FOR RECREATIONAL IN-CHANNEL DIVERSION PURPOSES WHOSE 2 APPLICATION WAS FILED PRIOR TO FEBRUARY 17, 2005, UNLESS A CHANGE 3 TO SUCH WATER RIGHT IS THEREAFTER APPLIED FOR AND DECREED. 4 (6.3) "CONTROL STRUCTURE" MEANS A STRUCTURE CONSISTING OF 5 FEATURES CONSTRUCTED BY HUMANS THAT INCLUDES SIDES AND A 6 BOTTOM, AND IS USED TO CONTROL WATER IN ITS NATURAL COURSE OR 7 LOCATION FOR RECREATIONAL IN-CHANNEL DIVERSIONS. AN OWNER OF 8 A- RECREATIONAL IN-CHANNEL DIVERSION MAY PLACE A CALL ON THE 9 RIVER ONLY IF THE CONTROL STRUCTURE IS ABLE TO PHYSICALLY 10 CONTROL THE QUANTITY OF WATER SUBJECT TO THE CALL AT THE I LOCATION OF SUCH CONTROL STRUCTURE. CONCENTRATION OF RIVER 12 FLOW BY A CONTROL STRUCTURE MEETING THIS DEFINMON CONSTITUTES 13 CONTROL OF WATER FOR A RECREATIONAL IN-CHANNEL DIVERSION. 14 7) "Diversion" or "divert" means removing water from its natural 15 course or location, or controlling water in its natuial course or location, 16 'by means of a ditch, canal, flume, reservoir, bypass, pipeline, conduit, 17 well, pump, or other structure or device, except that only a county, 18 municipality, city and county, water district, water and sanitation district, 19 water conservation district, or water conservancy district may control 20 water, WITH THE USE OF A CONTROL STRUCTURE, in its natural course or 21 location for recreational in-channel diversions. This does not apply to 22 applications filed prior to January 1, 2001. 23 10.2) "RECREATIONAL IN-CHANNEL DIVERSION" MEANS THE 24 MINIMUM STREAM FLOW AS IT IS DIVERTED, CAPTURED, CONTROLLED, AND 25 PLACED TO BENEFICIAL USE BETWEEN SPECIFIC POINTS DEFINED BY 26 PHYSICAL CONTROL STRUCTURESPURSUANT TO AN APPLICATION FILED BY 27 A COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER -3- 062 1 AND SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER 2 CONSERVANCY DISTRICT FOR RECREATIONAL IN-CHANNEL USE IN AND ON 3 THE WATER. 4 10.31 5 6 7 8 9 10 in and on the wate.. "RECREATIONAL IN-CHANNEL USE" 11 MEANS KAYAKING, CANOEING, INNER TUBING, BOATING, AND RAFTING. 12 SECTION 3. Applicability. This act shall apply to water right 13 applications which are filed on or after February 17, 2005. It shall not 14 apply to diligence applications or applications to make absolute 15 conditional water rights for a recreational in-channel diversion whose 16 original application was filed prior to February 17: 2005. 17 SECTION 4. Safety clause. The general asseinbly hereby finds. 18 determines, and declares that this act is n6cessarv for the immediate 19 preservation of the public peace, health, and safety. -4- 062 i Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: February 4, 2005 Re: Senate Bill 05-062 / Concerning Additional Requirements Applicable to the Adjudication of a Recreational In-Channel Diversion (RICD) Resolution No. 05-09, Series of 2005 - A Resolution Opposing SB-62 Summary: Senator Taylor has introduced the attached Senate Bill 05-062 to the Sixty- fifth General Assembly of the State of Colorado. This Bill appears to be a direct assault on • water rights adjudicated for Recreational In-Channel Diversion (RICD) and consequently an attack on the State's in stream based recreation industry. The Bill would accomplish this by: 1. The bill effectively subordinates recreational water use to all "future upstream water storage and water development projects." A water right that can't call for water from junior upstream rights is not a water right. 2. The bill defines RICD as, "Means kayaking, but not inner tubing, swimming, fishing, boating, rafting, or other water-related recreational uses." 3. The bill discriminates against recreation by imposing different and much more stringent tests for diversion ("control structure" definition) and waste (ten Kayak requirement) than apply to other water rights: a. RICD's must already comply with existing law that requires "control" sufficient to use the water for the intended use. This bill seeks to impose unique "control" requirements tailored for irrigation ditch or canal diversions. b. This bill requires that at least ten kayakers must be in the water immediately below the control structure for kayaking purposes for the owner of the RICD right to make and continue a call on the river. This means that the ten kayakers would sit in a "dry streambed" for the hours or days that would be required for the call on the upstream water rights to be implemented and the water to actually arrive at the site. • l:\Engineering\Water\Comespondence\Memo-RICD.Doc The attached Resolution has been drafted for Town Council's consideration if it is the Council's desire to express their concern regarding this particular legislation and to request that Senator Taylor reconsider his support for this document and withdraw it from consideration. A copy of a Resolution unanimously approved by the Colorado Association of Ski Towns at their January 28, 2005 meeting is also attached. Town Manager Comments: 01, 1:\Engineering\Water\Correspondence\Memo-RICD.Docs Page 2 TOWN OF AVON, COLORADO RESOLUTION NO. 05-09 Series of 2005 ~oca,( A RESOLUTION OPPOSING SENATE BILL 62 AS AN ATTACK ON RECREATIONAL IN-CHANNEL DIVERSION WATER RIGHTS TO THE DETRIMENT OF THE STATE'S RECREATION AND TOURISM INDUSTRY Cart-cZ a A (oCdL e-C WHEREAS, Recreational In-Channel Diversions (RICD ater rights are provided for in Colorado law and are widely_ accepted as a beneficial non-consumptive water use of growing importance to Colorado's critical tourism and recreation industries; and WHEREAS, RICD's represent a new, clean use of water that generates important revenue without consuming a single drop of water; and L~aQ¢ Fra~ CNAA/\-- WHEREAS, Senate Bill 62 constitutes a direct attack on the State s recrea ion anted _ t~ou~i-ism based industries and relegates-Tec-rgat' o-secar -cl--axs- ectively eliraiuating-1'uture_.and.existin__g R itn'o- u d _n A-D 1-1 010% 9OLL WHEREAS, Senate Bill 62 was introduced by State Senator Jack Taylor, who represents the Town of Avon and other tourism and recreation dependent municipalities and who has otherwise been a champion of Colorado's vital tourism and recreation industry. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby expresses its vigorous opposition to SB62 and urges Senator Jack Taylor to immediately withdraw this dangerous, discriminatory and unnecessary legislation. ot 111L%C/0 dkk dbl~ 4 ADOPTED THIS DAY OF February 2005.-~ 6v\- Town of Avon, Colorado Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 3) 1) -Aud JUWbR-~ 4V~-4tavl First Regular Session Sixty-fifth General Assembly • STATE OF COLORADO INTRODUCED LLS NO. 05-0445.01 Karen Woods SENATE BILL 05-062 SENATE SPONSORSHIP Taylor, (None), HOUSE SPONSORSHIP Senate Committees House Committees Agriculture, Natural Resources & Energy • A BILL FOR AN ACT 101 CONCERNING ADDITIONAL REQUIREMENTS APPLICABLE TO THE 102. ADJUDICATION OF A RECREATIONAL IN-CHANNEL DIVERSION. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires the Colorado water conservation board to make written findings on an application for a recreational in-channel diversion concerning whether the recreational in-channel diversion will affect future upstream water storage and water development projects. Adds "control structure" to the definition of "diversion" and further defines "control structure". Defines "recreational in-channel use" to mean kayaking, but not inner tubing, swimming, fishing, boating, rafting, or other water-related • Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recreational uses. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 37-92-102 (6) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF ANEW SUBPARAGRAPH to read: 37-92-102. Legislative declaration - basic tenets of Colorado water law. (6) (b) In determining whether the board shall recommend that the water court grant, grant with conditions, or deny such application, the board shall consider the following factors and make written findings thereon: (V.5) WHETHER ADJUDICATION AND ADMINISTRATION OF THE RECREATIONAL IN-CHANNEL DIVERSION WOULD AFFECT DEVELOPMENT OF FUTURE UPSTREAM WATER STORAGE AND WATER DEVELOPMENT PROJECTS; AND 0 SECTION 2. 37-92-103 (4), (7), and (10.3), Colorado Revised Statutes, are amended, and the said 37-92-103 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: 37-92-103. Definitions. As used in this article, unless the context otherwise requires: (4) "Beneficial use" is the use of that amount of water that is reasonable and appropriate under reasonably efficient practices to accomplish without waste the purpose for which the appropriation is lawfully made and, without limiting the generality of the foregoing, includes the impoundment of water for recreational purposes, including fishery or wildlife, and also includes the diversion of water by.a county, municipality, city and county, water district, water and sanitation district, • -2- SB05-062 if • 1 water conservation district, or water conservancy district for recreational 2 in-channel diversion purposes. For the benefit and enjoyment of present 3 and future generations, "beneficial use" shall also include the 4 appropriation by the state of Colorado in the manner prescribed by law 5 of such minimum flows between specific points or levels for and on 6 natural streams and lakes as are required to preserve the natural 7 environment to a reasonable degree. WATER DIVERTED FOR A 8 RECREATIONAL IN-CHANNEL DIVERSION SHALL BE DEEMED TO BE WASTED, 9 AND NOT PLACED TO BENEFICIAL USE, UNLESS AT THE TIME OF THE 10 DIVERSION AT LEAST TEN KAYAKERS ARE USING THE WATER DIVERTED AT 11 OR IMMEDIATELY BELOW THE CONTROL STRUCTURES FOR KAYAKING 12 PURPOSES, AND SUCH MINIMUM LEVEL OF KAYAKING USE SHALL BE 13 REQUIRED FOR THE OWNER OF A RECREATIONAL IN-CHANNEL DIVERSION 14 AKE AND CONTINUE TO MAKE A CALL ON THE RIVER . TO M 15 (6.3) "CONTROL STRUCTURE" MEANS A STRUCTURE USED TO 16 CONTROL WATER IN ITS NATURAL COURSE OR LOCATION FOR 17 RECREATIONAL IN-CHANNEL DIVERSIONS. AN OWNEROFA RECREATIONAL 18 IN-CHANNEL DIVERSION MAY PLACE A CALL ON THE RIVER ONLY IF THE 19 CONTROL STRUCTURE IS ABLE TO PHYSICALLY CONTROL ONE HUNDRED 20 PERCENT OF THE QUANTITY OF WATER AT THE LOCATION OF SUCH CONTROL 21 STRUCTURE. CONCENTRATION OF RIVER FLOW BY A STRUCTURE DOES NOT, 22 BY ITSELF, CONSTITUTE CONTROL OF WATER FOR A RECREATIONAL 23 IN-CHANNEL DIVERSION. 24 (7) "Diversion" or "divert" means removing water from its natural 25 course or location, or controlling water in its natural course or location, 26 by means of a ditch, canal, flume, reservoir, bypass, pipeline, conduit, 27 well, pump, or other structure or device; except that only a county, -3- SB05-062 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 municipality, city and county, water district, water and sanitation district, • water conservation district, or water conservancy district may control water, WITH THE USE OF A CONTROL STRUCTURE, in its natural course or location for recreational in-channel diversions. This does not apply to applications filed prior to January 1, 2001. (10.2) "RECREATIONAL IN-CHANNEL DIVERSION" MEANS THE MINIMUM STREAM FLOW AS IT IS DIVERTED, CAPTURED, CONTROLLED, AND PLACED TO BENEFICIAL USE BETWEEN SPECIFIC POINTS DEFINED BY PHYSICAL CONTROL STRUCTURES PURSUANT TO AN APPLICATION FILED BY A COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER CONSERVANCY DISTRICT FOR RECREATIONAL IN-CHANNEL USE IN AND ON THE WATER. (10.3) in-channel "Reereationai sttearn flow as it is diverted, captured, eontrolled, and pineed to beneficiM use between speeific points defined by physieal eontrol structures County, wate, district, watex and sanitation distriet, water eonservation . - in and on the water. "RECREATIONAL IN-CHANNEL USE" MEANS KAYAKING, BUT NOT INNER TUBING, SWIMMING, FISHING, BOATING, RAFTING, OR OTHER WATER-RELATED RECREATIONAL USES. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. • -4- SB05-062 t • Colorado Association of Ski Towns Resolution 2005 Whereas, Recreational In-Channel Diversion (RICD) water rights are provided for in Colorado law and are widely accepted as a beneficial non-consumptive water use of growing importance to Colorado's critical tourism and recreation industries; and; Whereas, RICD's represent a new, clean use of water that generates important revenue without consuming a single drop of water; and Whereas, SB 62, if passed, would constitute a direct attack on the State's recreation and tourism based industries and relegate recreational water uses to second-class status by effectively eliminating future and existing RICD's; and Whereas, SB 62 has been introduced by State Senator Jack Taylor, who represents many tourism and recreation dependent municipalities and who has otherwise been a champion of Colorado's vital tourism industry; Now Therefore Be It Resolved that the Colorado Association of Ski Towns, meeting in Winter • Park, Colorado this 28` day of January, 2005, expresses its vigorous opposition to SB62 and urges Senator Jack Taylor to immediately withdraw this discriminatory, dangerous and completely unnecessary legislation. Adopted unanimously on January 28, 2005 by all municipalities in attendance: Aspen, Avon, Breckenridge, Frisco, Fraser, Glenwood Springs, Granby, Grand Lake, Mt. Crested Butte, Silverthorne, Snowmass Village, Steamboat Springs, Vail, Winter Park. COLORADO ASSOCIATION OF SKI TOWNS Paul Strong, President ATTEST: C