Protecting Colorado Water

Both as a state legislator and as a Member of Congress, my approach to water issues has been to respect the doctrine of prior appropriation and to work to ensure that Colorado's water users and water resources are fully protected. My policy approach has been to ensure water quality, enhance water quantity, and reduce water controversy and inter-basin conflicts. In Congress, I have also worked to make sure that the federal government respects state water law and also meets federal obligations to protect water users on our public lands.

Too often in our state history, water has been the source of division and costly litigation. We really cannot afford to view water scarcity in terms of east slope vs. west slope and urban vs. rural, but need to look for water solutions that are in the best interest of the entire state and for all Coloradans. We are in this together and the way we respond to water conflicts should reflect our shared values of cooperation, with the goals of enhancing and protecting our quality of life in an arid region. Having said this, I think it is also important to recognize that determining what is in the best interests of Colorado should not be reduced to a simplistic calculation of the needs of the many (usually meaning the urban Front Range) over the needs of the few (usually meaning rural Western or Southern Colorado).

I'm one who believes that conserving water for the benefit of Colorado often means protecting regional or basin-based users from the threat of depletion. That is one reason I championed so-called "compensatory storage" legislation at the state legislature, why I urged the Bureau of Reclamation to do a full Environmental Impact Study on a plan to extract water from the Lower Arkansas Valley benefiting Aurora, and why I vigorously opposed the Referendum A "water grab" hurting the West Slope.

How we manage to conserve our water resources is one of the most important issues Colorado faces. As your Senator, I will continue to place a high priority on defending Colorado water.

Protecting Water Quality

I have led in a number of ways to make sure that our water quality is protected:

• I have introduced legislation (H.R. 4011) to encourage the cleanup of polluting abandoned hardrock mines. These mines discharge toxic metals, acids and other toxins into our steams and lakes and so endanger fish, wildlife, and public health. This legislation would make it easier for people who have no legal responsibility for these mines (so-called Good Samaritans) to clean them up. The legislation has strong bipartisan support and recently secured the support of the Western Governors Association.
• The House of Representatives, as part of a broader energy-policy bill, has passed my legislation (H.R. 1180) to require that oil and gas development be done in a way that protects water supplies.
• I have worked with the U.S. Army Corps of Engineers to consider the use of dams to address water quality issues in Fountain Creek between Colorado Springs and Pueblo.
• I worked to have EPA's Inspector General investigate the impact on ground water from the practice of pumping toxic chemicals-such as formaldehyde and other fluids-into underground formations to make it easier to extract natural gas.
• I have worked with the U.S. Army Corps of Engineers to update a 1978 permit for the Snowmass Water and Sanitation District to address potential impacts on fish and other aquatic values from this permit.
• I am a cosponsor of legislation (H.R. 2720) that would help eradicate invasive Tamarisk from Colorado and the Southwest. Tamarisk (also called Salt Cedar) is a small invasive tree species introduced into Colorado to stabilize stream banks and for aesthetic purposes. The Tamarisk is known for its impact on scarce water resources in the west—one plant can absorb up to 300 gallons of water every day. Studies have shown that replacing the Tamarisk with native Cottonwoods would save as much as 150 billion gallons of water every year. H.R. 2720 would combat the Tamarisk problem by requiring the Departments of Interior and Agriculture to work together to complete an assessment of the extent of the infestation and identify long-term management and funding strategies.

Enhancing Water Quantity

I have also taken actions to enhance our water supply in Colorado, including the following:

• I have authored bipartisan legislation (H.R. 3445) to promote further research on cloud seeding, which can help increase precipitation and enhance water supplies.
• The House of Representatives has passed my bill (H.R. 902) to find beneficial uses of water extracted from oil and gas development. This bill enjoyed bipartisan support and was also endorsed by the oil and gas industry.

Protecting Water Rights

As a state legislator, I supported compensatory storage legislation to ensure that Western Slope communities and users were protected. In Congress, I have represented communities on both sides of the continental divide. I have worked hard to ensure that growth pressures and escalating demand from the Front Range does not deplete water resources on the Western Slope.

• I was a leader in the fight to defeat Referendum A, the failed ballot issue that would have provided a blank check to Front Range water developers to take West Slope water without compensatory water storage.
• I am also proud of my authorship of legislation to avoid a crisis involving the South Platte. Substantial portions of Colorado's economy are dependent on the water supplied by the Platte River. Unfortunately, water development in the river's basin has caused significant changes in the hydrology of the river and the habitats of animals dependent on the river for survival, including the habitats of four endangered species. The competing interests of the economies dependent on the water for survival and the endangered species threatened by development created intense conflict in the Platte River basin. In reaction to the conflict, Colorado, Wyoming, Nebraska and the Department of the Interior worked together and agreed on the Platte River Recovery Implementation Program. The Program provided a compromise that protects the water rights of farmers and several growing cities in Colorado and the surrounding states, and implements a plan to restore and protect the habitats of endangered species. Once the agreement was reached, I introduced the Platte River Recovery Implementation Program and Pathfinder Modification Act (HR 1462) which would authorize funding for the Department of the Interior to fulfill its obligations under the agreement. The bill has passed the House, and if passed by the Senate, will implement a win-win compromise 14 years in the making.
• I have insisted that the U.S. Bureau of Reclamation require all users-both east and west slope who use and benefit from Green Mountain Reservoir in Summit County-to help in maintaining a minimum level of water for this reservoir.
• I have urged the U.S. Bureau of Reclamation to conduct a full environmental impact statement regarding the issuance of a long term (40 year) surplus storage contract in Pueblo Reservoir for water transfers for the City of Aurora. This is important because the Bureau's decision will have long-term consequences for water users in the Lower Arkansas Valley and for the city of Aurora.
• I have introduced legislation (H.R. 3465) that would give counties a full seat at the table on any water project-authorized or evaluated by the U.S. Bureau of Reclamation and the U.S. Army Corps of Engineers-that would move water into or out of those counties.
• At my urging, the Denver Water Department has agreed to work collaboratively with Grand County and others to address the potential negative impacts of increasing diversion from Fraser River in Grand County due to the expansion of its Moffat Tunnel Diversion.
• I have been sensitive to the potential conflicts that can arise when Congress passes wilderness legislation and other federal public lands bills that implicate water resources.

That is why I have worked to include provisions that protect existing water rights of towns and other private interests in legislation designating and proposing wilderness at James Peak; Deep Creek, the Rocky Mountain National Park Wilderness; White River Wilderness; and the Rocky Flats National Wildlife Refuge Act. I also worked with former U.S. Rep. Scott McInnis and the Clinton Administration to resolve water rights disputes in legislation designating the Colorado Canyons National Conservation Area and Black Ridge Canyons as national recreation areas.