WRA: Water
Water Agreement to Protect the Black Canyon of the Gunnison National Park
 Carved over the millennia by the Gunnison River, the Black Canyon is recognized as a national treasure for its spectacular gorges, wildlife habitat, and unique scientific value. It is home to a world-class trout fishery and mesmerizes visitors with its wild roar of cascading water, especially when it reaches its peak flow each spring. The Black Canyon became a national monument in 1933 and was elevated to National Park status in 1999.
Western Resource Advocates has actively sought protection of the Black Canyon and Gunnison River for years, representing five conservation organizations in the Black Canyon water rights case—the largest, and one of the most important, water cases in Colorado’s history. On June 6, 2008, a proposed settlement signaled an end to more than 30 years of contentious water rights battles.
Restoring the Ecological Balance: A New Flow Regime
Interested parties in the Black Canyon water rights case presented a settlement of the federal reserved water right, which includes annual peak flows and shoulder flows—tied to natural inflow—plus a year-round base flow of 300 cubic feet per second. Collectively, these elements are critical to the health of the Park and the Gunnison River.
This flow regime will protect the water-dependant resources of the Black Canyon and help restore the ecological balance in the river system disrupted by three federal dams immediately upstream of the Park. The flows will create a healthier environment for a
world class trout fishery, cleanse sediment deposits that have caused whirling disease in trout, clear woody debris, maintain the river channel, and greatly improve the aesthetics of a flowing river for hundreds of thousands of visitors from around the world each year.
Negotiating Protection for the Black Canyon
Interested parties at the negotiation table included irrigators in the Gunnison basin, hydroelectric power producers, flat water recreationists, boaters, federal agencies (including the National Park Service, Bureau of Reclamation, and Fish & Wildlife Service), the State of Colorado, towns concerned about flood control, anglers, and conservation groups.
“Considering the number of organizations and interests involved, the water settlement epitomizes the tremendous complexities of environmental negotiation,” said Andy Spielman, a partner at Hogan & Hartson, representing, on a pro bono basis, all seven conservation groups involved in the case. “What’s truly encouraging is how everyone’s needs were addressed with integrity to create a workable compromise for all.”
 The protection proposed for the Black Canyon is the culmination of many years of effort by Western Resource Advocates representing five other conservation organizations and working in partnership with Trout Unlimited and the National Parks Conservation Association.
Bart Miller, WRA’s Water Program director and attorney in the Black Canyon case, played a lead role in negotiations and collaborated closely with in-basin interests and State and federal officials. He has organized research for the environmental groups’ hydrologist and sits on the committee that set the agenda for mediation. Most invaluably, Bart has been the primary author of correspondence from the conservation groups to the federal agencies, and has acted as the chief point of contact between the conservation groups and other parties. The law firm of Hogan and Hartson provided extensive pro bono assistance to us, our clients, and our partners in this litigation.
Continuing Protection for the Black Canyon National Park
The settlement proposed in June 2008 continues the success WRA has achieved in protecting the Black Canyon. In September of 2006, in an historic decision, U.S. District Judge Clarence Brimmer issued a decision to protect the magnificent natural resources of the Black Canyon of the Gunnison National Park. This decision blocked the federal government from giving away the Black Canyon’s long-standing reserved water right to those who would like to use the water for development on Colorado’s Front Range. The decision also established an important precedent about governmental responsibility for protecting water resources of National Parks across the country.
With the court’s decision, the Black Canyon was saved from a 2003 agreement between the federal government and Colorado officials that would have opened the possibility of diverting Gunnison River water a hundred miles away from the park for use fueling more Front Range sprawl.
Over the past five years, the Black Canyon of the Gunnison National Park has faced numerous threats to its ecological health, recreational use, and aesthetic quality. The series of victories to protect the Black Canyon demonstrates that with effective collaboration, unrelenting determination, and ardent supporters, WRA’s work can go far in protecting the West’s land, air, and water now and for generations to come.
All photos courtesy of National Park Service.
Water Conservation Tips – You Can do it!
Wondering how you can save water at home? You can make a difference by following some simple suggestions prepared by your friends at WRA. Click here for a list of quick and easy tips.
Water Conservation in Las Vegas
The Las Vegas Valley is a place that has built its reputation on extravagant excess; opportunities to “win big” greet you with nearly every turn, the population is booming, and the economy is thriving.
However, with only four inches of precipitation each year, Las Vegas is the second driest city in the nation (Yuma, AZ is the first). In an attempt to meet the growing urban demand, the Southern Nevada Water Authority (SNWA) is pursuing a plan to pump groundwater over 200 miles from rural parts of northern Nevada down into the Valley. This proposal threatens to negatively impact both water users and southwestern river systems.
WRA works as part of a coalition to find ways to protect the people and ecosystems of rural Nevada. Through testimony before decision makers, a new report comparing water conservation strategies in the Valley to other southwestern cities, and continued pressure on the SNWA, progress is slowly being achieved. Late last fall, the SNWA doubled their rebate for replacing water thirsty lawn turf with native drought-tolerant landscaping and the Las Vegas Valley Water District improved water rate structures to further encourage conservation. The state engineer also made decisions that limit how much groundwater can be harvested from Nevada aquifers — denying SNWA part of their claim to rural water.
WRA will continue working for sustainable solutions to meet southern Nevada’s water needs. Through continued technical analysis and close collaboration with coalition members we will find innovative ways to protect water resources throughout the southwest.
Related Reports:
The Progressive Leadership Alliance of Nevada’s (PLAN) report, Where does it start? Where will it end? Las Vegas and the Groundwater Development Project, provides an overview of the potential plans, costs and impacts of the Southern Nevada Water Authority's proposal to extract groundwater from rural Nevada and Utah and send it over 250 miles to Las Vegas. To read the full report, click here  (10 Mb).
Western Resource Advocate’s report illustrates that although communities in the Southwest have taken impressive strides to reduce urban water demand, there is still more that can be done. Water in the Urban Southwest: An Updated Analysis of Water Use in Albuquerque, Las Vegas Valley and Tucson provides new information on water use in these fast growing municipalities and shows that business, schools and resorts are integrating conservation into their day–to-day practices, reducing their demand by millions of gallons each year. To read the full report, click here (4.6 Mb).
Success in Denver:
New Water Rates to Encourage Conservation
For over a year, WRA has been encouraging the Denver Water Department to adopt water rates that will promote conservation. WRA picked Denver Water as a key utility for change because Denver Water serves 1.2 million customers and because the utility has plans to divert additional water from the Colorado River Basin —water that is needed on the West Slope for local communities, economies, and the environment.
Our advocacy for improved water rates has included discussions with Denver Water staff, board members, and Denver’s Citizens ’Advisory Committee. Last summer, we partnered with another non-profit group that canvassed
door-to-door in Denver and its suburbs with our rates analysis and talking points in hand. The canvass raised citizen awareness issue and generated over 1000 letters to the board.
Our efforts paid off. In September of 2005, the Water Department’s board of directors voted to adopt a new rate structure that will charge customers slightly more per gallon if they reach very high levels of use. It thus provides greater incentive for more efficient water use, especially outdoor watering. The rates took effect on January 1, 2006.
This recent and important action is part of a new and evolving approach by Denver Water. Chips Barry, Denver Water’s General Manager, wrote a Denver Post column on September 9, 2005 describing a “new ethic” of conservation that is sweeping the City of Denver and his department. WRA continues to help Denver Water make even more progress through membership in a committee working on a long-term rate adjustment and revising Denver’s Integrated Resource Plan.
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