Ski Resorts and the Water Rights Protection Act (HR 3189)

[Nick]

I just got an interesting press release from an organization called, "American Rivers", which basically is opposing this bill going through Congress (HR 3189) that essentially, (according to American Rivers)

"It would allow private water users to dry up rivers on public lands with no regard for other uses or needs."

The bill originated from a narrow conflict between a ski area and the Forest Service, but it is written so broadly it would have major impacts on river management across the country.

This is the "against" position by American Rivers -> http://www.americanrivers.org/blog/hr3189-sucks-rivers-dry-why-you-should-care/

Ski areas of course support the bill as they want to use water for snowmaking.

Here is a letter to Congress from the National Ski Areas Association in support of the bill:

http://tipton.house.gov/sites/tipton.house.gov/files/NSAA support letter HR3189.pdf

NSAA supports HR 3189 because it would prohibit the Forest Service from issuing permit clauses that require ski areas to transfer ownership of valuable water rights to the United States,
or apply for water rights in the name of the United States, without compensation. Water is
crucial to ski area operations. Ski areas collectively hold water rights worth over a hundred
million dollars. We developed these rights through our own effort and expense, and we have no
intention of surrendering ownership of these water rights to the US without compensation.
This bill would prevent the federal government from making an end run around state law by
merely taking water rights that it does not own through its permitting authority. It would not only
protect ski area water rig

It's an interesting conversation. I'm always very hesitant to jump in one one side or another on things like this because I feel like interest groups on both sides pick facts to support their side and it makes it very difficult to find what the true impact would be both to resorts or to rivers. I highly doubt they would "all dry up" as American Rivers claims but I do wonder what the impact would be.

Does anyone know more about this?

 

[pantsthemusical]

Bump since the House vote is scheduled for tomorrow.

More on the bill:

The bill, which is being pushed by the National Ski Areas Association, Aspen’s SkiCo, as well as the Farm Bureau, National Cattlemen’s Beef Association, Colorado Petroleum Association, and the Colorado Oil and Gas Association would have sweeping impacts on rivers in the West and nationwide — preventing federal agencies from doing their job to safeguard rivers, fish and wildlife.H.R. 3189 essentially allows private water users dry up rivers with impunity and would impact a wide variety of river restoration efforts nationwide. The bill could stop the Fish and Wildlife Service from requiring flows that help salmon find fish ladders so that they can safely pass over dams. It could prohibit the Forest Service from requiring water diverters, like hydrofrackers, to leave some water in streams on National Forests to keep native cutthroat trout alive. It would potentially destroy broadly supported multi-year and multi-million dollar settlement agreements — such as the ones on the Klamath and San Joaquin rivers — to restore salmon and steelhead fisheries at hydropower facilities, and would even set back efforts to restore the Chesapeake Bay.

http://www.americanrivers.org/blog/opposition-ski-industrys-bill/

I highly doubt they would "all dry up" as American Rivers claims but I do wonder what the impact would be.

Considering that the mighty Colorado River no longer reaches the sea, I would say a river drying up isn't too far fetched. http://magazine.nature.org/features/watered-down.xml

The issue here is that NSAA and ski areas want a clear definition of their water rights, which is understandable. However, the bill is much larger than that. It would shackle the Forest Service from protecting rivers from overuse. NSAA is supporting a bad bill and they know it. They've even stated that they think the bill is too broad.

I some of you can take a minute and tweet, Facebook... whatever, your favorite ski areas and ask them why they support a bill that threatens our rivers.