
In Support of the Conservation and Use of Colorado Water
Colorado's water future depends on balancing conservation, storage, agriculture, municipal needs and environmental resources. With much of the state's water originating as mountain snowmelt, effective water storage plays an important role in helping Colorado manage drought, support agriculture and provide reliable water supplies for communities and the environment.
The Value of Water in Colorado
Ben Franklin famously said, “One knows the worth of water when the well runs dry.” In times of drought, we are reminded that Colorado is an arid state and water is our most precious natural resource. Some 80% of the state's water supplies originate from snowmelt, and most runoff occurs within a brief window of approximately 45 to 60 days.
Without water storage, many streams and rivers would run dry late in the season. Incredibly, before irrigation and water storage, the South Platte River was once the most well-traveled wagon road into Denver.
Why Water Storage Matters for Colorado
New and expanded water storage is one of the most effective ways to mitigate the effects of drought for the benefit of Coloradans and the environment. Reservoirs allow water from periods of abundant runoff to be stored and used later for agriculture, communities and environmental purposes.
However, state and federal regulatory requirements have made construction and even expansion of existing reservoirs increasingly expensive and time-consuming.
The Regulatory Challenges Facing Colorado Water Projects
The National Environmental Policy Act (NEPA) process alone can take decades at a cost of $2 million per year or more. The environmental mitigation associated with expanding Chatfield Reservoir by approximately 20,000 acre-feet cost in excess of $125 million.
Denver Water's expansion of Gross Reservoir has taken decades and has remained subject to costly litigation even while work on enlarging the dam has approached completion.
Environmental groups challenge many water projects through litigation and appeals. More than 3,000 NEPA cases have been filed in federal court since 2001, and 75% of those were brought by only a handful of activists. The resulting project delays can impose significant costs on Colorado water providers and the communities and industries that depend upon them.
Those costs ultimately become part of the broader expense of developing housing, infrastructure and communities throughout the state.
Making Better Use of Existing Colorado Reservoirs
Existing reservoirs also operate under numerous environmental restrictions. In some situations, hundreds of thousands of acre-feet of stored water may be released for purposes such as sediment transport, vegetation control or protection of invertebrates.
While environmental considerations are an important component of water management, smarter reservoir operations could help maximize the benefits of stored water while continuing to address environmental needs.
Colorado Water Rights and the Future of Agricultural Land
In light of the difficulties associated with developing new water supplies, water providers have increasingly turned to acquiring agricultural land and its associated water rights. This practice can result in productive farmland being removed from agricultural use, contributing to the loss of Colorado's agricultural heritage and its ability to produce food and fiber locally.
This process is often described as “buy and dry” — when agricultural water rights are purchased and transferred to municipal or other uses, leaving formerly irrigated agricultural ground without the water necessary for continued production.
Colorado's Water Plan and the Need for Additional Solutions
Colorado's Water Plan seeks to reduce the impacts associated with the buy-up and dry-up of agricultural land, but much more needs to be done.
Prior to what has increasingly become analysis paralysis, America was a nation that built and advanced great things. If unnecessary regulatory barriers can be reduced and incentives for prolonged litigation addressed, Colorado could expand its existing water storage capacity and provide additional water for agriculture, municipal uses and the environment.
The long-term conservation of Colorado water should not simply mean using less water. It should also mean strategically capturing, storing, protecting and putting this limited natural resource to productive use.
Frequently Asked Questions About Colorado Water
Why is water storage important in Colorado?
Water storage is especially important in Colorado because much of the state's water supply originates as mountain snowmelt and runoff occurs during a relatively short period. Reservoirs allow water to be captured during high-flow periods and made available later for agriculture, municipal use and environmental needs.
How does drought affect Colorado's water supply?
Colorado's arid climate and dependence on snowpack make the state's water supplies particularly sensitive to drought. Reduced snowfall and runoff can affect reservoirs, agricultural production, municipal supplies, rivers and wildlife habitat.
What is “buy and dry” in Colorado water?
“Buy and dry” generally refers to the purchase of agricultural water rights and their transfer to municipal or other uses. When irrigation water is permanently removed from farmland, productive agricultural ground may fall out of production.
How can Colorado protect agricultural water?
Colorado can help protect agricultural water through strategies that preserve working agricultural lands, improve water efficiency, encourage alternative transfer mechanisms and expand water storage so growing municipal demand does not rely exclusively on the acquisition of agricultural water rights.
What role do reservoirs play in Colorado water conservation?
Reservoirs help conserve water by capturing runoff when it is available and storing it for use later in the year. Properly managed storage can support farms and ranches, cities, recreation, wildlife habitat and environmental water needs.
About Kent Holsinger
Kent Holsinger is the founder and manager of Holsinger Law, LLC, where his practice focuses on lands, wildlife and water law. He was recognized as the People’s Choice for Best Water Lawyer in Colorado in 2020.
Kent comes from a ranching family in Colorado’s North Park. His work has been recognized in The Wall Street Journal, The New York Times and the book Where the Water Goes by David Owen, among others. Kent also holds a world speed record in aviation between North America’s highest airport in Leadville, Colorado, and its lowest in Death Valley.
Kent Holsinger
Holsinger Law, LLC
Lands, Wildlife and Water Law
www.holsingerlaw.com
(303) 722-2828
[email protected]