A small flotilla of rafts and kayaks converge just past the Main Avenue bridge on Monday afternoon. Traditionally seen as a frivolous use of water rights, the tide of thinking on recreational uses of the river is turning as more cities throughout the West seek to secure recreational water rights./Photo by David Halterman

by Will Sands

Water may soon be flowing in a new direction in Colorado. The Colorado River District, a powerful water policy agency, recently adopted a new take on recreational use of rivers. Breaking with the tradition that water is appropriate only for agriculture, industry and drinking, the group has highlighted the importance of river recreation and moved communities like Durango a step closer to protecting their whitewater resource and tourism-based economies.

Created by the Colorado Assembly in 1937, the Colorado River District is a public water policy agency charged with “the conservation, use and development of the water resources of the Colorado River and its principal tributaries in Colorado.” Though the Animas River and tributaries of the San Juan River are not included in its oversight, the Colorado River District is an influential water-broker throughout Colorado. With this in mind, a recent policy shift by the group has sent ripples through watersheds and water users throughout the state.

Up until recently, kayaking, rafting and other recreational uses of the state’s rivers have taken a back seat to agriculture, industry and drinking water. As a result, the recreational water rights, or recreational in-channel diversions (RICDs), necessary to create whitewater parks have always been considered inferior to traditional water development. Like many other municipalities in the past, Durango is currently struggling against these tides of tradition as it attempts to ensure future flows on the Animas River.

However, tradition began to change July 17, when the Colorado River District Board reviewed its policies to ensure they are still up-to-date. At that meeting, the board announced that recreational use is integral to Western Colorado’s lifestyles and economy, and recreation is a recognized beneficial use of the state’s waters. The decision will not directly help Durango in its quest for recreational water rights but it does represent a major change in Colorado thinking about water.

“Basically, RICDs have fought their way to legitimacy, and now they’re an accepted part of the water rights system,” said Jim Pokrandt, communications and education specialist with the district. “But there are still lingering thoughts from some people about their value and place in overall water use in Colorado.”

While the policies represent a new approach for Colorado River development, the board did leave itself a backdoor, adopting a third policy. That clause states that it only supports recreational water uses that balance recreational needs with historical and future consumptive water uses.

“Recreational uses must be balanced with historic and future water uses,” Pokrandt said. “Whatever is claimed and adjudicated as the water right cannot be a total road block to further consumptive uses.”

Durango has applied for as much as 1,400 cubic-feet per second of water in the Animas River. The purpose of the application is to ensure that water remain in the river for future recreation and tourism. As incentive, the dollar-figure value of having water stay in the Animas River was revealed last year. A City-commissioned study by RPI Consulting concluded that river recreation pumps $19.4 million into the local economy every year.

To preserve this value, the City proposes enhancing the existing whitewater park south of downtown with permanent improvements. The improvements and allocation of water rights would constitute an RICD, and the city is confident that it will prevail should the application go to water court.

Cathy Metz, parks and recreation director, commented, “I think all of the cases that have gone to trial for recreational water rights have been successful. We wouldn’t have bothered filing for the rights if we didn’t believe they were a legitimate use.”

The push for recreational water rights has always been controversial in Colorado. Vail’s effort to preserve its whitewater park in 2005 drew a laundry list of objections and resulted in a lengthy legal fight before the Colorado Supreme

Court finally decreed the water rights. In 2006, Buena Vista and Salida came to terms with 20 objectors before receiving the largest-ever RICD – 1,800 cfs on the Arkansas River.

With a mind to the future of all water use, Pokrandt pointed to the lingering drought and concluded that the Colorado River District’s recent policy shift comes at a pivotal moment.

“What’s happened is population growth, drought and climate change have made it so we’re fighting over the last drops,” he said. “Years ago, people weren’t really duking it out like this, but now everyone’s counting every last molecule.” •