Pitkin County moves forward with Crystal River protection agreement

Editor’s note: This story has been updated to reflect that the intergovernmental agreement is still pending the signatures of the Colorado River Water Conservation District and the West Divide Water Conservancy District.

The Pitkin County Board of County Commissioners moved forward Wednesday with an intergovernmental agreement that expresses commitment “to protect the Crystal River from on-channel dams and transmountain diversions.” 

The agreement will be between Pitkin County, Gunnison County, the town of Marble, the Colorado River Water Conservation District and the West Divide Water Conservancy District.

This was an approval of the first of two readings. The Colorado River Water Conservation District have yet to bring this agreement to their boards but have previously expressed support for the initiative, according to the district’s staff. Gunnison County and the town of Marble will be considering it in upcoming meetings. 

“It would be an agreement that all the parties would oppose or not support any new dams on the main stem of the Crystal River, or any new trans-basin diversions out of the Crystal River,” Pitkin County Deputy Attorney Anne Marie McPhee told commissioners on Wednesday. “It is trying to keep the water in the river as long as possible.” 

Despite moving the agreement forward after first reading, Commissioner Greg Poschman acknowledged that there has been concern around the agreement’s lack of enforcement ability, due to the signing bodies’ ability to leave the agreement at will. 

Poschman referenced specific criticism vocalized by Bill Jochems, a Pitkin County Healthy Rivers and Streams Citizen Advisory board member and Crystal River advocate. 

“The expression from Mr. Jochems is, ‘it’s a nothing burger,’ right?” Poschman said on Wednesday. “It’s the weakest of all possible protections for the Crystal. Is that what we want to do at this point?” 

Poschman added that he would be keen to hear more public input on the matter before ultimately lending it full support. 

“I’m really looking forward to seeing and hearing public input on this so we can make an informed decision at the next reading,” Poschman said. 

Commissioner Francie Jacober commented that, despite the potential weakness that Jochems and Poschman pointed out, it would still be symbolically important for the county to lend their support to the intergovernmental agreement. 

“There’s no harm in this, and that is a gesture of our commitment to protecting the Crystal River,” she said. “It’s the first definitive step we’ll be taking as we approach, we hope, the designation of Wild and Scenic.” 

The county has been pursuing a Wild and Scenic River designation for a portion of the Crystal River since the U.S. Forest Service found 39 miles of it eligible for the designation in 2002, according to county documents supporting Wednesday’s intergovernmental agreement. A Wild and Scenic designation could help with future conservation and preservation efforts.

Jacober added that Pitkin County’s participation in the agreement at this time could also spur Gunnison County along to add their name to the list. 

The agreement was passed unanimously on Wednesday, with a second reading scheduled for April 22.