High court sinks water appeal

Plan was to pump it from Western Slope to Arapahoe County

Jon Sarche, Associated Press

Tuesday, September 12, 2006

The Colorado Supreme Court on Monday rejected an appeal by supporters of a plan to pipe billions of gallons of Western Slope water to the thirsty Front Range, apparently killing the project.

"This was the final nail in the coffin," said John McClow, general counsel for the Upper Gunnison River Water Conservancy District, which opposed the project.

Natural Energy Resources Co. wanted to build a reservoir near Crested Butte to store up to 1.2 million acre-feet from the headwaters of the Gunnison River to be piped to fast-growing Arapahoe County.

But in a 6-0 ruling, the Supreme Court upheld an August 2005 decision by Montrose-based Water Judge Steven Patrick, who canceled the company's 20-year-old conditional water right after determining there wasn't enough water available in the system for the project.

McClow said the water conservancy district and other water users in the area had always considered the proposed project a threat to their water.

"We proved in two consecutive trials that were appealed to the Colorado Supreme Court . . . that there is no water available for appropriation at that location in the Gunnison River Basin," he said.