CONGRESO DE ACEQUIAS October 17, 2015 Mike Gibson Manager of SLV Water Conservancy District

Prior Appropriation System C URRENT LEGAL FRAMEWORK THAT REGULATES THE USE OF SURFACE WATER AND TRIBUTARY GROUNDWATER CONNECTED TO RIVERS. C OLORADO C ONSTITUTION 1876: W ATER “... TO BE PROPERTY OF THE PUBLIC...” “... DEDICATED TO THE USE OF THE PEOPLE OF THE STATE...” “... SUBJECT TO APPROPRIATION...” “... THE RIGHT TO DIVERT SHALL NOT BE DENIED..... AS LONG AS PRIOR APPROPRIATIONS HAVE BEEN MET...” T HESE SECTIONS “... ESTABLISH AN ASCERTAINABLE AND STABLE POLICY FOR ALLOCATION OF A SCARCE AND ESSENTIAL RESOURCE...”

Prior Appropriation System HOW IT WORKS P ROVE A NEED FOR A BENEFICIAL USE T HIS SETS THE LIMIT OF A WATER RIGHT. A CTUAL DIVERSIONS LIMITED TO AMOUNT OF WATER WITHOUT WASTE. U SER MAY ONLY TAKE WATER WITHIN THEIR RIGHT. I F THERE IS INSUFFICIENT WATER AT THE SOURCE, WATER IS APPROPRIATED BY PRIORITY DATE.

Prior Appropriation System A LLOWS FOR CHANGING WATER NEEDS. C OLORADO OUTLINES A MULTITUDE OF BENEFICIAL USES, INCLUDING : CROP IRRIGATION, MUNICIPAL, FISH AND WILDLIFE CULTURE, POWER GENERATION, RECREATION, INDUSTRIAL ETC. S ERVED THE STATE AND WATER USERS FOR OVER 150 YEARS. T HIS SYSTEM HAS MADE WATER AVAILABLE TO GROWING TOWNS AND COMMUNITIES, INDUSTRIES AND ENVIRONMENTAL NEEDS.

Public Trust Doctrine T HERE ARE EFFORTS TO HAVE A BALLOT INITIATIVE NEXT FALL TO CHANGE HOW WATER RIGHTS ARE ADMINISTERED IN THE STATE I F PASSED, THIS WILL MEAN WATER IS HELD BY THE STATE AS COMMON PROPERTY G OVERNMENT OFFICIALS WOULD BE DESIGNATED AS TRUSTEES TO PREVENT IMPAIRMENT OF THE WATER FOR THE BENEFIT OF THE PEOPLE. G OVERNMENT AGENCIES AND COURTS WOULD BE FORCED TO RECONSIDER AND RE - DETERMINE HOW WATER IS ALLOCATED AND USED.

Public Trust Doctrine ISSUES: U NDERMINE MUNICIPAL, RECREATIONAL, ENVIRONMENTAL & AGRICULTURAL WATER SUPPLIES. T HIS WILL LEAD TO A DESTABILIZATION OF C OLORADO ' S ECONOMY W ILL REQUIRE ENORMOUS TIME & COSTS TO RESOLVE AND REPLACE WATER RIGHTS FOR EXISTING USES I NSTEAD OF WIN - WIN SOLUTIONS TO WATER PROBLEMS, SUCH DISCREPANCIES WOULD HAVE TO SOLVED IN COURT.

Public Trust Doctrine ISSUES CONTINUED: I NCONSISTENT WITH CONSTITUTION, EXISTING LAWS AND OVER 150 YEARS OF CASE LAW I F AN INITIATIVE PASSES, WATER RIGHTS HOLDERS WOULD ESSENTIALLY RELINQUISH THEIR RIGHTS TO THE STATE, AND WITH THAT, THEIR WATER.

Public Trust Doctrine WHAT CAN WE DO? R EMAIN AWARE OF EFFORTS FOR B ALLOT I NITIATIVES H AVE YOUR ORGANIZATION PASS A RESOLUTION OPPOSING ANY P UBLIC T RUST I NITIATIVE C ONTACT THE C OLORADO W ATER S TEWARDSHIP P ROJECT (CWSP), WHICH IS A CONSORTIUM OF WATER STAKEHOLDERS COMMITTED TO ADDRESSING THE THREAT POSED BY A P UBLIC T RUST D OCTRINE INITIATIVE. V ISIT C OLORADO W ATER C ONGRESS ’ WEBSITE : WWW. COWATERCONGRESS. ORG WWW. COWATERCONGRESS. ORG WWW. COWATERSTEWARDSHIP. COM WWW. COWATERSTEWARDSHIP. COM

Public Trust Doctrine S UCH AN INITIATIVE “ WOULD DROP WHAT AMOUNTS TO A NUCLEAR BOMB ON C OLORADO WATER RIGHTS AND LAND RIGHTS,” AND “ WOULD STRIP MEMBERS OF THE PUBLIC, CITIES, FARMS AND FAMILIES THROUGHOUT THIS STATE OF THEIR MOST VALUABLE ECONOMIC INTERESTS.” - JUSTICE HOBBS P ROTECT YOUR WATER RIGHTS !

For more information: V ISIT C OLORADO W ATER C ONGRESS ’ WEBSITE : WWW. COWATERCONGRESS. ORG WWW. COWATERCONGRESS. ORG WWW. COWATERSTEWARDSHIP. COM WWW. COWATERSTEWARDSHIP. COM S AN L UIS V ALLEY W ATER C ONSERVANCY D ISTRICT TH ST, A LAMOSA, CO //