Water rights policy might shift under Bush administration

June 2001

U.S. Water News Online

WASHINGTON -- A contentious Forest Service policy that has cost some Colorado residents part of their historic water rights may change under the Bush administration, a top Forest Service official said.

Forest Service Deputy Chief Randy Phillips said the agency intends to return to a pre-Clinton policy regarding so-called bypass flows.

In rare cases since 1993, the Forest Service has required owners of water rights to leave a portion of their water in the river to benefit fish and wildlife downstream. In exchange, the water user can cross federal land to get access to the water.

Opponents claim that policy deprived water users of longstanding access to the water.

Phillips said the policy is still being revised and he did not see the change as drastic, but Rep. Scott McInnis, R-Colo., and other opponents declared victory.

``Water users in Colorado and throughout the West should breathe a sigh of relief at the Forest Service's decision to take a step away from the heavy-handed bypass flow policy of the Clinton administration,'' he said in a statement.

McInnis and Sen. Wayne Allard, R-Colo., had asked Agriculture Secretary Ann Veneman earlier this year to return to a 1992 standard for renegotiating water rights.

``That's essentially all we've wanted all along,'' said Sean Conway, Allard's spokesman.

But Charles Gauvin, president of the wildlife conservation group Trout Unlimited, argued that it makes sense in some cases to use the access to federal land as leverage to make enough water stays in rivers to sustain wildlife and habitat.

The water rights are renegotiated only when existing claims expire. Bypass flows have been a condition of renewal for only 15 of the 8,000 rights issued by the Forest Service.

But McInnis said the bypass flow policy, if allowed to stand, could be applied across the country.

''(Bypass flows) are the single largest threat to water users in Colorado, throughout the West and, in fact, throughout the entire country,'' he said.

Christopher Treese of the Colorado River Water Conservation District said he will wait to see if the policy really changes. He said water users should not be subjected to ``whipsaw'' changes with every new administration.

``Western water is really all about continuity,'' he said. ``To suggest you have to forfeit part of your water right just to get a piece of paper is patently unfair.''

Phillips could not say if the policy shift would affect the management plan for Colorado's White River Forest, which is due out this summer. McInnis said a draft of the management plan requires the Forest Service to impose bypass flows when renewing water rights.


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