New wave of water rules for ranchers in Northwest Colorado
CRAIG — Irrigators in northwest Colorado are facing a sea change in how they use their water, and many ranchers are greeting such a shift with reluctance and suspicion.
The final frontier of the “free river,” irrigators in the Yampa River region have long used what they need when the water is flowing with little regulatory oversight. Water commissioners have been encouraging better record-keeping in recent years, but a first-ever call on the system during the 2018 drought led state officials to begin enforcing requirements to measure and record water use.
State law requires all irrigators to maintain measuring devices on their canals and ditches. Kevin Rein, state engineer and director of the Colorado Division of Water Resources, says such devices are widely used in other river basins throughout Colorado, where bigger populations and more demand for water have already led to stricter regulation of the resource. The Yampa River basin is the last region to get into compliance, Rein said.
“The basin went under call the first time in 2018,” he said. “I would not call that a driving force; I would call that affirmation of why it’s been important … to do this for so many years.”
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Nearly 500 Yampa basin water users were ordered this fall to install a device by Nov. 30, although irrigators don’t need to comply until spring, when irrigation water begins to run. Those without devices come spring won’t be allowed to use their water and could be fined $500 daily if they do.
The new enforcement is being met grudgingly by irrigators, many of whom are third- and fourth-generation ranchers and whose families have never measured and recorded water use in more than 100 years.
“Ever since the 1880s, there has never been a call on the Yampa River,” said Craig cattle rancher Dave Seely. “If there wasn’t any water, (ranchers) accepted the fact, so it’s unusual that suddenly we have all this coming down on us now.”
A call on the river occurs when someone with senior water rights isn’t receiving their full allotted amount, and the state places a “call” for users with junior rights to send more water downstream or stop diverting altogether. The move triggers “administration” of the river by state water commissioners, who make site visits to monitor how much water is flowing through each ditch.
An air of the Wild West still lingers in this sparsely populated corner of the state, where many ranchers would rather accept a shortfall than invite the government into their affairs by making a call for their water. “They just took it on the chin and dry farmed,” Seely said.
State officials have seen this resistance to change before and accept it as a matter of course.
“It’s a rough, rocky road at first, but after a while, I think a lot of people will be glad they have a device there,” said Erin Light, Division 6 engineer with the Division of Water Resources.
Light and her colleagues reminded irrigators at the Yampa/White/Green Basin Roundtable meeting in November that keeping accurate records helps protect their water right, since rights are considered “abandoned” if not used, although the state rarely enforces this.
“Your water right has a value, a value to water your livestock or your crops, but it also has a dollar value, for your heirs,” Scott Hummer, a Division 6 water commissioner, said at the meeting. “The only way they have to sell the water or get a price for the water is if the engineers know how much water is consumed by your crop.”
But many irrigators feel mistrustful of state government having more oversight of their water and are worried that outside entities may have designs on the region’s largely unallocated resource. Climate change has led to hotter, drier conditions over the past 20 years, and growing populations have increased the demand for water — both in the Colorado River basin and along the Front Range.
“It just raises the question of what’s the drive behind it,” said third-generation Yampa cattle rancher Philip Rossi. “It’s hard to have an opinion when you don’t fully understand the long game.
“They’re trying to put a monetary value on water. Are they trying to get a better understanding of exactly how much water there is … so they can put a value on it if they want to sell it? Are we helping ourselves, are we hurting ourselves, are we helping them? There’s so many of us that are not interested in selling our water.”
Other ranchers are concerned that the increased oversight could mean new restrictions even when water is plentiful. Many are in the habit of using as much water on their fields as they need, regardless of their decreed right.
“When the water’s high, we want to get it across our fields quickly, so we take more water than (our allotted right),” said John Raftopoulos, a third-generation cattle rancher in western Moffat County. “The fear is that, even with high water, they’re going to cut you down to the maximum you can take … that they’ll regulate you to the strict letter of the law.”
Rein said users could continue using more than their allotted right when the river is a “free river” — in other words, not under a call — as long as they are not wasting it.
“There’s a statutory term called waste; you can’t divert more water than you can beneficially use,” Rein said.
He also assured that keeping accurate records would only protect the water user as demand increases statewide and across the West.
Measuring devices cost from $800 to $1,500, so installation can get expensive for the many ranchers who have more than one ditch. Rossi has three more devices to install. Raftopoulos has about five others, for a total of 15 on ditches irrigating roughly 2,500 acres of grass hay and alfalfa.
Light estimated 100 irrigation structures had requested extensions — which she is granting in many cases until either July 31 or Oct. 31 — but she won’t have an accurate count on how many ditches are in compliance with the orders until May or June.
“It’s something that was going to happen sooner or later because of water shortages. That’s the system, that’s the law,” Raftopoulos said. “It’s a burden right now, it’s expensive and it’s going to put more government in our ditches. There’s going to be more people watching what comes out.”
Aspen Journalism collaborates with The Steamboat Pilot and Today, The Craig Press and other Swift Communications newspapers on coverage of rivers and water. For more, go to aspenjournalism.org.
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