CO Water Law

The goal of this page is to give you a sense of what’s at issue with water, especially as it applies to the proposed geothermal project.  Experts like Kevin Rein in the Division of Water Resources have excellent online work that is most helpful.

Colorado water law is complex, and necessarily so. We don’t pretend to be experts. But we have learned a lot; our most important lesson was to ask the right agency and let them interpret the law and regulations for us. But again, these are busy folks working on our behalf, so we urge you to learn what you can before calling them with questions.

To the best of our understanding of water law and the proposed geothermal project, very large quantities of tributary water will be pumped out of and forced back into the water system, in an area where water is of immense importance. The fact that Mt. Princeton Geothermal, LLC indicated that it intended to “prove” that the water was non-tributary is one reason to be VERY concerned. Their position on that issue today is unclear to us.

Critical Reading

  1. This is a good way to start looking at CO water law history and the present regulatory environment.  There’s a lot you might skip, but pay attention to the various CO agencies, the questions of State vs. Federal Rights, and most particularly to the different kinds of water.  Though there is still a question in some people’s minds (we believe the issue is essentially settled), the geothermal design to be considered in Chaffee County would use tributary water.  This is a very important point: http://www.nwc.cog.co.us/docs/qq/water_law_101.pdf
  2. The Division of Water Engineers – this page does offer some good history of a most important agency that acts to protect Colorado’s water.  This page also has useful links you may want to explore. http://water.state.co.us/org/history.asp
  3. The CWCB – an important part of the management of natural resources.  http://cwcb.state.co.us/
  4. The UAWCD – a local water agency that protects our water rights and oversees water augmentation, among other functions. http://www.uawcd.com/

Commentary

It’s important for Chaffee County residents to understand not only how our water laws work, but also how a group of experienced State agencies can help address our concerns.  If you agree that a geothermal facility that intends to pump and inject perhaps 20 million gallons of tributary water a day is cause for concern, then these are the people we need to work with. In the immediate future, we see the crucial issue as this: Can one of these agencies help us get the BLM to reconsider the validity of the PEIS document that supports this lease as suitable for mining?  What can we do to help them get the BLM to institute a review based on the water issues addressed in the existing PEIS? Might Chalk Creek, as a “body of water” flowing through this lease, allow one or more of the agencies to be proactive regarding this issue?

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