HomeMy WebLinkAbout820735.tiff C OPERATIVE!
COLORADO COOPERATIVE COUNCIL
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March 31, 1982
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Memo to: Water Resources Committee M, ,.
82
of the COLORADO RURAL COUNCIL astraa cotes U
From: Jim McGuire
Subject: Farm Organizations' Policies
At our meeting in Alamosa we were "assigned" to get copies of
farm organization policies relative to water resources. Attached
are several pages from the 1982 policy booklets of the Colorado
Farm Bureau and the Rocky Mountain Farmers Union.
The pages enclosed include more than water policies but each
is marked to show the "water items." You might find some of the
rest of it interesting. This is not confidential data.
Colorado State Grange has agreed to forward a copy of their
policies to us. They will reach you before too long, we hope.
See you in Ft. Morgan, April 15.
cc: Alex Olizewski
u-o735
Jim McGuire, Executive Secretary ■ 2600 S. Parker Road • Bldg. No.5, Suite 152;Aurora, Colorado 60014 ■ (303)7514571
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ms s, '1a.- vs.,...) (.1 , - We oppose ' wholesale loss of potable water from
•
• ,gZ way,,.., Pemi_ Colorado and ammg for the purpose of a coal slurry
pipeline or a similar venture,unless a feasible method of equal
quality and equal quantity can be developed to return the
water to the original area.
COLORADO AND WYOMING Prior to any exploration for water, an economic impact
statement must be made to determine the effect on agriculture.
A. Land This statement should also apply to underground water.
We urge adoption of legislation to protect agricultural
1. Land Use rights to water through state water rights in order to prevent
future power and energy plants from consuming water to the
Land use planning, zoning, and sub-division should be detriment of agriculture. If energy plants are constructed to
formulated by a land use planning committee with adequate use large quantities of water,they should be required to return
representation by those farmingthe land.The committee shall the water to a level of quality capable of use by agriculture.utilize land information already developed by Association of We support the liberalization of EPA standards regarding
Soil and Water Conservation Districts and other state and silt runs for irrigation purposes. Farmers should not be
federal agencies. expected to assume the higher costs of irrigation water.
We recommend legislation to the general assemblies of C. Federal Water Projects
Colorado and Wyoming that would restrict residential
development on prime croplands.
Whereas the federal and state governments own We urge that all funds be reinstated for proposed water
significant percentages of western states, further acquisition projects authorized by Congress.
should be prohibited -unless like amounts (quality and D. Dairy
are returned to the private sector. y
We insist that any land purchased by the government or any
private entity be used solely for the publicly declared purpose We recommend that standardization and grading of dairy
and that local public hearings be held to inform said residents products in each state be inspected by a single state agency for
of that purpose. all the dairy industry of each state.
We are generally opposed to the expansion of military Since milk is laboratory inspected where bacteria count and
reservations in view of the vast amount of land currently held other quality items are checked,we believe a dairy that passes
by the federal government. lab inspection should not be bothered by on-site inspectors.
City milk inspectors should be terminated as the state has a
2. Beverage Container Reuse qualified milk inspection system.
and Recycling Act We recommend that legislation be passed to allow dairy
farmers to market certified raw milk directly to the public.
Milk produced by these dairymen should be subject to the
All beverage containers such as those containing beer and
carbonated soft drinks should have a deposit so they will not inspections and standards required by their states.
end up as trash in the country. All drinks in cans should be in E. Leases
aluminum cans so they can be recycled.
3. State Lands Any lessee of oil or mineral rights should pay for all entries
on the land and pay for all transfers if lease is resold or
We recommend that the state governments assess state- divided.
owned lands the same as privately owned lands,and lease state F. Fees in Lieu of Taxes
lands accordingly.This should apply to lands taken off the x •
rolls by Game and Fish and other state lands. Since more and more private-owned lands have been taken
B. Water off the tax rolls for state parks and recreation,we request that
the state legislature enact a law establishing a fee in lieu of
endorse the Colorado Water Convention for its efforts taxes,similar to the federal law,on all state lands and that the
[We
develop a unified water policy for thestate of Colorado.We fee should be returned to the counties in which the state lands
e that a similar effort be made in Wyoming. arc located.
We strenuously oppose any efforts by the federal
government through the usage of a national water policy to G. Green Thumb
usurp the rights and prerogatives of the individual states. We
specifically oppose the ten percent cost share for states forany We believe that the Colorado Green Thumb and Wyoming
federal water projects. Green Thumb programs have successfully fulfilled their roles
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in providing employment to 'er people under the
sponsorship of the Rocky Mount's 2armers Union. It is our
understanding that additional monies are available to the two
states under Title V of the Older Americans Act.
Therefore, we ask that the governors of Colorado and
Wyoming continue to give prime consideration to designating COLORA DO
the existing Green Thumb organization as the administrator
of any additional Green Thumb funds coming into the states A. LAND
under Title V.
H. Extension Service 1. Land Use
We support the Extension Service and urge that it place We recommend that County Planning Commissions.
more emphasis on educating producers in current marketing concentrate on a Master Plan as mandated in Colorado
practices and techniques. statutes and that the Master Plan be periodically updated.
In any land use bill, farmers and ranchers should be
I. Ag Research compensated for any loss of value in zoning or greenbelt
legislation. We support the concept of establishing
We encourage members of the agricultural research developmental rights,and that at least three members of any
establishment, particularly of land grant universities, to committee formed should represent agriculture.
intensify their efforts to develop farm technology which We support the concept of exploring the use of less
enhances the relationship between people and the land,which productive lands in agricultural areas for non-agricultural
protects the natural world and which fosters the well being of uses, and we further recommend that the negative impacts to
family farmers. We urge those federal and state government agriculture of such uses, be mitigated prior to approval.
officials who provide funding for these establishments to All members of any planning commissions —state or local
facilitate that task through adequate appropriations. — should be elected by the electorate. We insist that all
J. Export Taxes planning and zoning be under local control.
We recommend that the Colorado Department of Health
Export taxes should be placed on products of all depleting permit septic tanks for farm homes and not require the
energy sources and minerals including electricity that expensive evapo-transpiration beds.
originated within Colorado and Wyoming. These monies Rocky Mountain Farmers Union should continue
would be earmarked for a program to develop non-depleting involvement of agricultrual input in the study on moving
energy sources such as on-farm alcohol plants, low head Stapleton Airport. We oppose a new- airport on good farm
hydro projects, on-farm solar energy projects and relief for ground to the east of Stapleton Airport.The present airport is
impacted areas. a multi-million dollar facility,and should be expanded where
it is presently located.
K. Toxic Wastes We support the Colorado Ag Development Authority.
We should also continue involvement in allowing farmers
Because the majority of toxic wastes can be recycled and and ranchers to form Ag districts.
reused or detoxified on site, we propose that this be the first
priority of any policy or law enacted concerning toxic wastes.
We propose that the interstate transfer of toxic wastes be 2. Relocation and Location
eliminated. of New Industry
No purchase,construction or use of proposed sites shall be
allowed before approval by county and state health officials
and by county commissioners in the county where disposal is We urge that there should be local incentives for industry to
to take place. locate in rural areas which desire growth. Further, to gain
Wastes should be detoxified before they are put into the maximum usage of a program to relocate old industry,as well
ground so there will be no catastrophic effects on the as locate new industry, there must be a balanced
environment in the near or distant future. transportation and water program for rural areas.
his would be a partial answer to the land-use problem
which confronts the front range area,and would answer the
basic questions as to whether the State Legislature is serious as
to the balanced growth which this program would offer or
whether haphazard growth in the front range will be allowed
to continue.
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B. Water commend thi -ions county assessors for their efforts in
effecting equal ,axation throughout the state. To encourage
1. Water Laws an increasing degree of uniformity and professionalism
among assessment personnel,we urge the State Legislature to
Because of the different types of irrigation, surface and improve and expand the assessor's training programs and to
underground water,water rights on the Eastern Slope and on require periodic certification of assessment personnel.
the Western Slope,we recommend that our membership work
closely with their local water boards. Members understand 2. Severance Tax
local conditions, and a unanimous position by the delegates
would be impossible to achieve. We urge that all members We support a percentage increase in the severance tax levied
become interested in,and work for,the best and expanded use on all minerals including fossil fuels and gases,as long as the
of water in their areas. graduated exemption for royalty owners is maintained.
Since many domestic and stock wells are going dry in Seventy-five percent of the tax can be spent by the
irrigation areas, we recommend that the usage of ground legislature,and 25 percent put into a trust fund.The trust fund
water he re-evaluated immediately because the Colorado is to he held for future generations. The principal may be
water sheds are faced with transfers upstream.This would be invested in securities issued by state authorities, local
detrimental to lower stream users. It would dry up river flow governments and political subdivisions.
to the extent that lower stream users could not get their
decreed rights. We feel there should be a moratorium up to 3. Property and Tax Commission
five years so that proper legislation be implemented to and Assessment
regulate such transfers.
When water is diverted from one area to another, any We are opposed to a single tax administrator and strongly
damage, including salinity, should be paid by those receiving urge the Colorado Legislature to change the structure to a
the benefits of such diversion. Because of concern of the property tax commission, composed of three or more
changing of long standing policies and laws in regard to water members elected by districts.
use, be it resolved that Farmers Union take a part in We oppose the sales ratio method of assessing the value of
monitoring the laws and changes in regard to water use in agricultural land and feel taxes on agricultural land should
agriculture. The information should be sent to the counties continue to be based on agricultural productivity so long as
and local areas affected. the primary use of the land remains agricultural. It should be
uniform throughout the state.
2. Condemnation of Agricultural Water We would support a fair recapture tax on agricultural lands
if necessary, to preserve the productivity formula in
We recommend that the Colorado Legislature pass determining agricultural valuation.
legislation meeting constitutional guidelines to deal with the
condemnation and sale of agricultural water to municipal 4. Workmen's Compensation
water users by home rule cities.
We recommend that the Workmen's Compensation law be
3. Preservation of Agricultural Water amended to give farmers and ranchers with four or less full-
time employees the option to accept or reject Workmen's sBecause of the potential impact of the energy industry,it is Compensation.
imperative that agricultural water be given top priority and Whereas current Workmen's Compensation coverage
water users become more efficient in the utilization of water, regulations place an undue burden upon parents who employ
There should be incentives for cities to build land treatment their minor children in their agricultural operation,therefore,
sewage plants if they are not injurious to water users that have be it resolved that laws should be enacted to allow supporting
a priority for the use of the water. parents the option of covering/not covering their minor
We recommend that "domestic" water be defined as the children under Workmen's Compensation.
amount necessary for "household use" and for a reasonably There should be an exemption for farm machinery and
sized garden. parts from county-wide sales taxes when agriculture provides
C. Economic Policy the economic base.
5. Mineral Rights
1. Taxes
To correct the injustices that surround the severed mineral
We support the concept of periodic review of tax inequities rights issue, the holders of severed mineral rights should he
on the state and local level by the State Legislature. All required to keep their own abstracts and he required to
revaluations by County Assessors should be implemented and register them with the tax assessor. Severed, non-producing
completed during the same specified period of time. We mineral rights should be subject to:(a)a minimum tax of$40
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per year; or(b)taxed equal to their r :ent cash value,or(c) a Support neat land use control and the county land
• taxed according to their potential fot .ducing lease income. •
use commission in maintaining control of the location and
If the holder of severed mineral rights does not declare
development of heavy industry and mining development.
ownership,or is delinquent in taxes,the mineral rights should en
revert to the surface holder. If such mineral rights have b. State agencies should assist local entitites in minimizing
returned to the surface holder there should be no separate tax the impact and use of prime agricultural land for such
development through feasibility studies in order to determine
on said mineral rights. the fuel impact of selected siting and development.
6. Surface Damages c. A definitive procedure which would insure public
information with respect to such proposed land development.
Damages should be paid to the current surface land owner d. Provision to encourage rural towns and communities if
at the rate of 21/4 percent of gross production on any type of desired, to acquire lands for industrial parks. These parks
coal, gas or any other mineral, as long as it is in production would be used as a method of controlling the scope and
whenever mineral rights are severed from the land. In the case development of industry, which would aid in stabilizing local
of strip mining, the rates should be 4 percent. economies.
D. Conservation, Energy and 6. Power Plants
Development Policy State power plant siting laws should be passed to protect
1. Herd Law farmers' rights. These laws should provide for an energy
forecast which will determine need for energy and determine
We ask that the Colorado Legislature provide enabling alternate sites. The final site should be based on information
legislation to allow counties to vote on a herd law. obtained in open hearings where farmers and ranchers can
have maximum input. It should be a location which will cause
2. Wildlife Division the least impact to agriculture and the rural environment.
Inasmuch as wild game does considerable damage to crops, 7. Soil and Water Conservation
we would ask that more equitable damages be paid by the
Wildlife Division unless the landowners or lessees are Because of the role of the Colorado Association of Soil
collecting a bounty or fee. Conservation Districts, the Colorado State Conservation
We also request the Wildlife Division to close the seasonfor Board and the Soil Conservation Service, we urge a
hunting game wildlife in areas where game wildlife is being strengthening of our relationship with the Colorado
depleted. Association of Soil and Water Conservation Districts to help
Because farmers and ranchers feed much of the wild game maintain present programs and to implement new programs
on private lands,we request legislative relief by permitting the of conserving our natural resources.
farmers and ranchers a free license to hunt the legal limits on Be it resolved that Rocky Mountain Farmers Union
their own land, as is the practice in other states. support the Colorado State Soil Conservation Board and
3. Colorado Wildlife Colorado Soil Conservation Districts in their efforts to create
a Soil Improvement Loan Fund to enable individuals to
We oppose the Colorado Division of Wildlife relocating implement soil conservation practices on their land at a low
antelope. interest rate.
4. Noxious Weeds and Pests E. Medical Care
We demand passage of state laws to control noxious weeds We urge that the medically indigent be allowed to be treated
and pests and require each county to control noxious weeds • in local hospitals rather than having to go to Denver.
and pests on all lands. This would include federal,state and
county highway rights-of-way, irrigation canals, railroads F. Senior Citizens
rights-of-way, pasture lands, recreation areas, and private
housing and subdivision property. The amount of income allowable to senior citizens for
If an individual is not willing to control noxious weeds and property tax relief should be adjusted periodically to account
pests on his or her land,the county should have the authority for inflation.
to eradicate the noxious weeds and pests and put a lien on
individual's property. G. Telephone Franchises
5. Industrial Sitings Act We direct the PUC to review the existing inequities of the
We support enactment of an Industrial Sitings Act which different telephone patterns in rural communities, and
would include the following: wherever feasible to help establish changes that would he
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l ! G 2 .,ia-'-w °"'""-
used on highways and that this . �ney be used for the resources, ,:h as plant and animal life and minerals,
construction and maintenance of highways. are produced or extracted from these three.
The preservation of prime agricultural land present
Highway User Funds and future use for food production should be given top
We favor maintaining the 65 percent,26 percent,and priority.
9 percent distribution formula of highway user tax We believe the following principles should guide all
money between state, counties and municipalities. legislation affecting resource use:
1. The right of citizens to own property, and to
Colorado Department of Highways quietly enjoy that ownership, shall not be abridged.
We recommend that the Colorado Department of except as hereinafter provided. In this sense, the defi-
nition of property might include resources,or the right
Highways be held accountable to the legislature for the
efficiency of its operations. to use or extract resources.
2. The right to own or use a resource carries with it a
Colorado State Patrol responsibility to conserve and protect the value of that
resource as much as is reasonably possible.
Because the Colorado State Patrol is such a diversi- 3. The right to own or use a resource carries with it
fied organization, we recommend that it be funded the responsibility to conserve and protect the value of
through the general fund rather than through the high- that right so that no appreciable or unreasonable harm
way users fund. is done to others.
Rather than increasing state patrol numbers,we sup- 4. The people represented by their government have
port an end to plea bargaining, increased fines, and through due process of law the right to limit or modify
mandatory jail sentences for drunk drivers. the right of an individual to own or use resources,
Livestock on Highways provided,however,such individual shall be justly com-
pensated from public funds for losses caused by such
We recommend that a livestock owner continue to limitation or modification.
have legal right to move livestock utilizing ample safety 5. The burden, financial or otherwise, of correcting
precautions on any road. procedures which unnecessarily pollute or destroy a
resource should rest on the individual, group or
Highway Obstruction agency,whether private or public which employs such
We believe that our state and county road systems procedures and not on government.
should be protected from negligent damage caused by 6. The General Assembly shall spell out policy and
excess ditch and sprinkler water. This damage, along guidelines for the use of the state's natural resources.
with timber and stone obstructions, poses a safety We urge members and all farmers and ranchers to
hazard and increases the tax burden. actively seek positions on policy-forming bodies,
We recommend legislative action enabling county especially in the areas of land use and natural
commissioners to prevent such damage to roads. resources.
NATURAL RESOURCES Land Use Policy
Air, Water and Land
We believe that landowners have an inherent right to
quiet possession and use of their property.
We believe resources are for the use and enjoyment If the public good necessitates limitations on either
of mankind.Continued use and enjoyment by this gen- the possession or the use of the land,the owner should
eration and others to follow depend on how wisely be compensated from public funds for losses caused
resources are developed and managed. by that limitation.
We believe that resources best serve mankind when We believe that land use planning must include the
they can be put to multiple use,and that such use does following to be acceptable:
often enhance the value of resources by increasing 1. Privately owned prime agricultural land should
their beauty, productivity, longevity and conserving not be locked into agriculture in any long-range com-
properties. prehensive plan.
We believe that the development of fair and effective 2. Provisions for control at the most feasible and
laws regulating the use of resources depends on the most local level of government.
formulation by legislation of basic policy which pro- 3. Provision should be made to compensate for
vides for the protection of the rights of citizens and at decrease of property values or loss of income caused
the same time makes provision for the conservation, by land use regulations.
protection and wise use of resources.
If we use as a standard that which is most necessary 4. The encouragement of land patterns to minimize
to human life, then, in order of importance, our basic conflicts between urban and non-farm dwellers and
14 1982 CFB Policies 1982 CFB Policies 15
agricultural producers in regard t. dors, noise, dust, districts shall require the approval
drainage, pesticides, and aesthetic values. Such land qresidesftwo each
district
ote ct
use patterns should give high priority to historical use the rrd. tax-paying residents of each
of these lands. concerned.
5. Provisions for local units of government to exer- Transferable Development Rights
cise control over state and federal lands where such
control is necessary for effective land use planning. We favor an enabling law which allows counties an
6. Provisions for effective input by landowners and equitable transferable development rights program
local units of government in all cases.We oppose state which would protect a private landowner's right to
and federal regulations which limit the powers of local develop his property and which would serve to com-
government in land-use planning decisions. pensate landowners for land use restriction.
7. Strong requirements for cities and municipalities Public Land Ownership
be included in a way to require their full participation
in modern land use planning and to deter present prac- We support legislation providing for the transfer of
tices which encourage sprawl, annexation and poor federal land to state ownership.
resource utilization. We recommend active support of the concept of the
8. Provisions for technical assistance by federal and "Sagebrush Rebellion."We urge keeping local control
state governments within defined areas of concern, in this as we do in other issues.
such as flood plains, slide areas, high wind and high When the Sagebrush Rebellion is successful and the
fire danger areas, and other geological hazards. federal lands are returned to the State of Colorado for
9. New residents and developers in an area where administration, we urge the state to manage these
agriculture is the established use of land should have lands under the multiple-use concept. We further •
no recourse to abate practices in the area which are recommend that current preferences and special per-
common to agriculture. mits be given first consideration.
10. Planned location of roads, power corridors and
any other utilities should encourage the development Public Land Purchases
of land of marginal agricultural value. We recommend whenever any local unit of govern-
11. All planners and consultants involved in plan- ment needs public lands for general public use of facili-
ning at the local level should be responsible persons, ties, it shall have the right to purchase said land for a
knowledgeable in all aspects of the economy in their nominal fee.
areas. Since the condemnation or purchasing of privately
12. We recommend that county government in owned property by government agencies is steadily
approving urban developments be required to include increasing, we recommend state and national legisla-
in the plats a designation of all ditch rights-of-way and tion to allow the return of government owned land to
that these rights-of-way be formally approved by the private ownership in an amount equal to the acreage
owners of these ditches. value taken out of private ownership.Those affected by
13. All county, state and federal government agen- the condemnation purchase should have the option to
cies requesting additional purchases of land should be obtain government land of equal value.
required to hold environmental and economic impact
hearings in communities affected. Wilderness Areas
14. We urge that any county which has its own com- We oppose further expansion and urge re-evaluation
prehensive plan be exempt from C.R.S. 1973, 30-28-
101, commonly known as "Senate Bill 35." of all existing wilderness areas.
• Fort Carson Military Base
Conservation Programs
We support state funding to match federal grants to
critical, high priority land and water resource
We oppose the expansion of Fort Carson to the
solve Pinon Canyon area. We oppose the transfer of Pinon
problems of Colorado. Canyon land for Comanche National Grassland.
Human Settlement Policies Abstracting Costs
We oppose the Governor's Human Settlement We believe it is unfair for surface right owners of land
Policies. to pay all expenses of abstracting land where they had •
no interest in the mineral rights.
Zoning We recommend that any additions which have to go
on the abstract be paid for by anyone adding said
We recommend that proposed county zoning and
entries with such money deposited in an escrow
the formation of proposed improvements or special
account.
16 1982 CFB Policies 1982 CFB Policies 17
y
Fugitive Du_. We suppL., efforts to obtain funding through the
We feel the primary responsibility for wise land man- state legislature of a feasibility study for development
agement rests with those who own or operate the land. of the Cache la Poudre River projects.
When controlled by local people, local government, Should the Colorado Legislature enact legislation
assisted by state and federal programs, can aid in the which provides for a state lottery,we support the use of
discharge of this responsibility. revenues in excess of costs and prizes for the construc-
We encourage farmers and ranchers to study and tion of Colorado water projects.
consider new tillage practices to conserve soil and
control fugitive dust. Transmountain Diversion
We support the current law, CRS 35-72-101, 1973,
the Soil Erosion-Dust Blowing-1954 Act,which allows Since diverting water from one river basin to another
causes adverse effects such as increased salinity,des-
the county commissioners and State Department of
Agriculture to control fugitive dust. We strongly sup- traction of cold-water fisheries and the depletion of
port the three-day maximum control period as speci- aquifers, we recommend that all diversions from river
fled in current law. basins or within river basins be replaced with an equal
Funds derived from fines fornoncompliancewith the amount of storage within the same basin. The stored
water should be made available for people in the basin.
Soil Erosion Dust Blowing Act should be diverted to
the county general fund for roads rather than the state We recommend that notices regarding water rights
general fund. be placed in newspapers within the total water district
affected.
Environmental Protection Agency Grazing Fees
We recommend that no funding be made for EPA We recommend that each case of improving public
programs in Colorado and recommend that the EPA, lands by lessees be handled separately and notundera
and the act through which it was created, be blanket policy.
eliminated.
We recommend that the public land agency, before
Utilization of Water making or recommending any increase in grazing fees,
take into consideration that such increase be based on
We recommend that the number one priority for the recommendation contained in the Public Land Law
Colorado be the maximum beneficial utilization of Review Commission study.
Colorado water, under the present system for the state, We recomriwnd that a moratorium onthe increase of
and a concerted program be initiated to build storage grazing fees on federal land and before the fees are
and water facilities. Extreme care should be taken at considered for increase, a financial impact statement
the location of these facilities to maintain existing must be made on an individual basis.We also reaffirm
prime agricultural land. the reinstatement of a long term contract stipulating
terms and conditions of grazing use.
Water Project Funding We recommend that any increase in leases on public
We support an immediate water storage reservoir lands be determined in accordance with the productiv-
ity plan in Colorado to provide water for ity of the land.
future agricultural and energy needs. These projects We recommend the restoration of an elected grazing
should include developing domestic supplies so that advisory board.
the conversion of agricultural water to domestic use is We oppose any reorganization of the USDA which
minimized. would degrade its effects on agriculture. We support
We encourage the State of Colorado to take aggres- the continuation of the Bureau of Land Management
sive action in funding and development of water pro- and Forest Service as separate agencies.
jects within the state and with the objective of retaining Because the final Gunnison Basin Grazing Environ-
local rather than national control of the projects. mental Impact Statement was completed prematurely,
We recommend that Colorado identify all feasible we believe it should be reopened for public comment.
sites for water storage in the state and set priorities for
construction of storage facilities thereon. Slurry Pipelines
We further recommend that a program of recharging We oppose slurry pipelines unless they meet certain
underground water supplies be pursued. provisions.
We recommend that smaller flood control projects in the event slurry pipelines are the most feasible
begin at the headwaters of the creeks and streams means of transportation, provision must be made for
rather than at the lower levels on major streams and an equal amount of water of acceptable quality to be
rivers. returned to the point of origin or for the river basin of
20 1982 CFB Policies 1982 CFB Policies 21 j
origin to receive proper credit for an equal amount of c. They .arning body of a basinwide district should
water on interstate compacts. have broad powers: to construct water management
The General Assembly should impose such restric- facilities; to store water for users in time of excess
tions as needed to protect the property rights of its supply; to release users' water at the time and in the
citizens, including vested water rights. Provisions for amount needed; to meet interstate compact require-
adequate payment of damages for events occurring for the to work out and enforce equitable agreements
after construction should also be included. for the distribution of water; to borrow funds; and to
levy assessments,provided any assessment in addition
Wild and Scenic Rivers to that necessary for the ordinary operations of the
Farm Bureau objects to further intrusion of govern- district shall be presented to the voters of the district at
ment into the affairs of citizens and believes the use of a regular election. We believe that the river basin
water of the Colorado rivers for irrigation actually authority needs the same power of eminent domain as
enhances the environment and the economic well- existing water conservation districts.We do not believe •
being of the state. Farm Bureau opposes the designa- this is an extension of existing powers.
tion of any rivers as wild and scenic rivers. d. The governing body of the district should be
elected by the owners of decreed water rights within
Water Resources Management the districts, and the members thereof should equita-
Within River Basins bly represent all water right owners of the district. For
It is recognized that for the good of irrigated agricul- the purpose of voting, the owners of a decreed water
ture and the general economy of the state,all available right shall be defined as the person,persons,or corpo-
ration listed on the records of the state engineer and
water resources should be put to beneficial use. In not any other voter.
order to achieve this end, we recommend that: The authorities shall be directed by a board of not
•
1. The basin by basin control concept in water mat- less than nine nor more than fifteen members elected
ters be accepted as valid and that water administration in the following manner: ',
policies be controlled in basins by the owners of rights
to use water. i. Members of the board to be elected by vote of the
2. The right of water appropriations set forth in the legal owners of adjudicated decrees within a basin,
Constitution of the State of Colorado are inviolable and each owner to have one (1) vote for each acre foot of
must be protected insofar as records show that these water per year which his decrees have used according
rights have been put to beneficial use. to historic average;
3. That remaining water should be made available ii. Membership on the board shall be divided among
for appropriation for other beneficial uses by any prac- representatives of agricultural, municipal, and indus-
tical means. trial users in proportion to the average historic use of
4. The doctrine of "first in time,first in right"should water for those purposes within the district. The agri-
apply to all water, and priority dates should date from cultural membership on the board shall be divided in a
the first proven beneficial use. like manner between surface and sub-surface
5. Provisions should be made that any owner of a appropriations;
decreed water right may, with proper legal authority, iii. Nominations for members of the board shall be
• use any method or facility available to him in order to made by petition, signed by a reasonable percentage
• obtain the amount of his decree. of the legal owners of adjudicated decrees within a
6. The administration of the distribution of water basin which have used at least 2 percent of the water
resources should be accomplished through water historically used in the basin;
management districts. The stated objective shall be to iiii. The board members must be qualified electors,
protect the right of owners of senior adjudicated 4 residing within the basin. They need not be legal
decrees to continue their use of water up to their aver- owners of an adjudicated decree, but must be repre-
age historic diversion while making available to owners sentative of such an owner.
of junior decrees, up to the amount of their historic
diversions, all the remaining water in a river basin, e. The powers, duties, and limitations of the district
whether it be surface or sub-surface water. should be clearly stated in state law. Included in these .i
a. Water management district should encompass powers should be the authority to exclude areas,
whole basins; and these districts, together with their streams, or decrees from the above actions where the
governing authorities, shall be created by statute. actions clearly do not have practical application or
b. Provisions should be made for sub-districts, or benefit.
special management areas, within a basin-wide dis- f. The State Engineer shall be the officer responsible
trict.These sub-districts could then work out their own for the administration of the policies set forth by the
problems, provided no harm is done to the rest of the governing body of the district.
basin.
1982 CFB Policies 23
22 1982 CFB Policies
7. Because engineering rese0....n and practical
experience have shown that there is a large amount of Filing Fees
water which can be diverted for beneficial use by Fees for applications and permits should be suffi-
means of wells without depriving surface appropria- cient to offset all costs of processing.
tors of water they have historically used—we
recommend: Water—Closed Basins and Underground
a. That underground appropriators in a basin as a We encourage the construction of tail pits where
group be held responsible for the satisfaction of prior economically and otherwise feasible.We recommend
surface rights up to their historic diversions,and when that all possible avenues of artificial recharge of
these prior rights are satisfied, then underground ground water aquifers be investigated and those that
appropriators be administered according to priorities appear feasible be implemented.
among them;
We recommend that water management authorities
b. That ground appropriators be allowed to use any
be created in all closed underground water basins in
means at their disposal to furnish water for the satisfac- -
Colorado by legislative.action, using the same criteria
tion of senior decrees as an alternative to having their
wells shut down. When prior surface rights based on recommended in basin watermanagementdistrictsset
historic diversions are satisfied, then underground forth in 6 (a) through (f) as amended.
appropriators shall be administered according to We recommend that unappropriated water in
priorities among themselves, streams flowing out of the state be diverted into closed
8. Any water diverted or developed through the pro- basin areas or held in reservoirs to recharge depleted
cess of deriving energy such as oil shale, coal and water supplies.
geothermal should be regulated by existing state law. Water Conservation
Water Rights Appropriation We believe that the conservation and maximum utili-
Wesupport the prior appropriations system as pro-
d in the state constitution.
We
water saved through constructive programs,such,,
We support present appropriation of water rights as control of phreatophytes, along water courses
through a state law and oppose any federal domination should be thoroughly considered.
of water resource distribution formulas. We support all efforts to encourage and implement
programs or of our watershed to
Water Rights Registration develop and utilizeand/ theirstudies water resources to keep lands pace
We oppose major changes in the present system of with our expanding population.
water rights registration. We recommend that the conservation of water be
practiced by all municipalities and towns; we oppose
Water Rights Tabulation the condemnation of agricultural water for domestic
We recommend the time for completing tabulation of use if such use includes watering lawns, car washing,
water rights, as provided in SB-81, be extended until and non-metered home use.
the state engineer can give assurance he can complete Water—Deep Aquifers
(---
an adequate and accurate tabulation.
Each individual or ditch company should make cer- We oppose the mining of bedrock water aquifers
tain each of their water decrees has been tabulated. because we believe the water in those aquifers may be
If by reason of the tabulation, or any other reason, tributary and such mining may be damaging to
the state engineer finds it necessary to change the decreed rights.
administration of a decree in any way, the owner shall , We believe that before any application for a water
be so notified by registered mail at the same time he is well permit is granted, the applicant must prove there
sent a copy of the tabulation. After he receives a copy be no material damage to present decrees.
of the tabulation, any owner shall have one year to If no material damage can be proven,the use of the
make objection to the listing of his decree in the tabula- bedrock water belongs to the surface owner and such
tion. It shall be specified by law that the tabulation of water should be administered according to approp-
water rights be used for administrative purposes only riate state law.
and shall in no way jeopardize a water right. We believe our rights to appropriate bedrock water
Pending implementation of river basin management should be put to beneficial use within three years of
authorities, we recommend every effort be made in filing.
cooperation with the division engineer to develop
agreements between appropriators on separate Water Return Flow
streams and aquifers to prevent undue hardship on any We recommend that every effort be used to attain the
stream of the basin. most efficient application of water,but that return flow
24 1982 CFB Policies 1982 CFB Policies 25
which is vital to an irrigation system not be considered Water Pollution Control
waste water,and that"waste water" be defined as that We support realistic programs designed to control
water which cannot be recovered for the benefit of the further pollution or contamination of Colorado water
people of Colorado. resources.
We support the development of programs of public We support outright repeal, or at least substantial
information concerning the importance of agricultural modification, of the zero water pollution provisions of
use of water, its beneficial effect on the environment, the Clean Water Act.
and total benefits to the public. Any efforts to rewrite , Section 208 represents an unwarranted, unrealistic,
the state water laws should be carefully scrutinized, and unworkable approach to control water pollution.
and members should be Informed of any efforts to We favor the continuation of the educational approach
change said laws. to control water pollution.We favor the continuation of
the educational approach to water pollution control •
Capping of Exploration Wells which has been so effective in reducing pollution in the
Pa
We recommend that a State of Colorado inspector be Irrigated agriculture in Colorado has a limited
on hand each time a test hole for oil,gas,coal,uranium, amount of water, and this agriculture has been deve-
oil shale and other minerals is plugged in order that loped by the use and re-use of return flow of this water.
proper plugging is accomplished and that the cost be Maintenance of this return flow is now threatened by
borne by the industry.Improper plugging results in salt the existence of the 208 programs under PL 92-500.We
water, some of it under high pressure, and twice as recommend that quantity and quality be considered
salty as sea water, leading into underground aquifers equally in maintaining flows and in any anti-
and contaminating good fresh water. degradation plan for a river basin.Quantity should not
be diminished to enhance quality.
Water Sales to Municipalities
Water Quality Standards
Sales of agricultural water to industries and munici-
palities are increasing.We advocate careful considera- We oppose the arbitrary setting of numerical stand-
tion of these sales because this water probably would ards for water quality due to the extreme variation in
not return to agriculture if the particular industry the natural conditions of many Colorado streams.
ceases. Other variables such as storm runoffs and other condi-
We recommend consideration of long-term leasing tions over which we have no control could adversely
of water to industry and municipalities so it could affect water quality.
revert to agricultural use in the future if conditions We recommend that water users be allowed a voice
warrant. in setting water quality standards in their river basins.
• We further recommend that in the event water is to Water Salinity
leave agriculture,the free market be allowed to work in
the pricing of the water. Because for many years it has been a proven fact that
irrigated land in Colorado has produced full crops,
Water to Control Population using water containing in excess of 3,000 parts per
million of dissolved salts, and because the imposition
We recommend that the reallocation of water not be of limits of 850 parts per million of dissolved salts as
used as a tool to control population density or to con- proposed by the Environmental Protection Agency
trot the use of land. (EPA) would severely disrupt production of irrigated 11
crops in Colorado,in some cases even making produc-
t
Water Rights Changes tion impossible:
We recommend that present law be changed so that We recommend that the proposed limitation of 850
notification of a prospective change of water rights be parts per million of undissolved salts be drastically
revised to a more reasonable and practical figure.
by registered mail to those users whom the division
engineer determines might be adversely affected by We believe that Mexican irrigators should be
such changes. required to adopt salinity control management practi-
ces equal to those adopted by United States irrigators
Water Project Criteria and that Mexican drainage systems should be con-
rRstructed,maintained and operated at no expense to the
We urge that more realistic values for public benefits United States.
and recreation be applied to water projects.Because of
esearch on and control of all sources of salinity for
expanding population and more leisure time records of which control measures are practical should be expe-
complete projects prove that the present criteria are dited in order of benefit per dollar cost. All salinity
unreasonably low.
1982 CFB Policies 27
26 1982 CFB Policies
'control measures on federal lands a..d those measures We oppose any leasing of state lands by the Colo-
for the control of natural resources should be rado Division of Wildlife.
construed as the responsibility of the general public. We oppose competition from the Division of Wildlife
Transmountain diversion or transbasin diversion in the agricultural industry.
can aggravate salinity. Benefactors of such diversions We recommend that the Colorado Division of Wild-
should be financially responsible for salinity abate- life decentralize and move substantial office functions
ment practices downstream to the extent that trans- to the Western Slope and other areas where the actual
diversion has aggravated the situation. management occurs.
L--- - The Division should be ready to implement an emer-
Colorado Division of Wildlife gency baiting and feeding program early each year to
We are in favor of maintaining reasonable numbers t help keep game off ranches and away from roads and
of game animals but believe that the Colorado Division 1 highways.
of Wildlife should accept more responsibility for dam- Winter feeding areas should have an adequate water
ages done by wildlife. supply.
We also believe there is too much damage to fences In areas where game animals are a problem to
and roads by hunters, and the game they hunt. We ranchers, we recommend that the Division, instead of
need some protection or compensation in the heavily spending a large percent of the budget on land acquisi-
hunted areas. tion,should use the funds for improvement of feed and
We recommend an education program among the water situations. This should be in cooperation with
Colorado Division of Wildlife, the landowner and the BLM on federal lands in a way that is compatible to the
sportsman. We encourage the preparation of a brief adjoining ranchers.
courtesy pamphlet to be handed out at the time of Before putting land into wildlife refuges,the Division
purchase of a license,explaining the responsibilities of of Wildlife should notify landowners and allow them a
the hunter and the rights of the landowner,along with a hearing before the Wildlife Commission.
map which distinguishes private land from public land We support the Colorado Division of Wildlife's
and shows the existing access roads. All programs of "Operation Game Thief" and other crime-stopper
the Colorado Division of Wildlife shall be financed from programs.
a user's fee.
We recommend that the Colorado Division of Wild-
life help bear the expense of maintaining existing Wildlife Transportation
access roads to hunting, fishing, and recreational We recommend that any wildlife transported into
areas,erect directional signs and pay the total expense Colorado be certified as being free of any communica-
of constructing new roads in those areas. ble disease.
We recommend that a fee, set on reported kill with We object to the transplant of Alaskan wolves to
each county, be returned to said county by the Colo- other localities. The removal of these animals to pre-
rado Division of Wildlife. vent the killing of the Alaskan moose is necessary, but
We recommend that the Colorado Division of Wild- relocating these animals in Colorado will cause losses
life contract seasonal leases from the landowners for to wildlife and ranch livestock.
fishing and hunting rather than buying the same,since
the purchase of private land for hunting and fishing Wildlife Habitat
removes land from the tax rolls and thereby creates an
additional tax burden on the remaining landowners.As We oppose the designation of private land as wildlife
a result, large recreational areas would be opened to I habitat without the consent of the landowner.We also
sportsmen, and private landowners would receive oppose the condemnation of private property for wild-
something for these hunting and fishing privileges on life habitat by the highway department.
their land. We further recommend that the statement
"Hunting is by permission of landowners and lessees" Hunting Season Schedules
be added to hunting licenses.
We recommend that the Colorado Wildlife Manage- We recommend all big game rifle and musket hunt-
ment Authority remain with the State Game and Fish ing seasons to begin after October 15 of any year.
Department. The season for pheasants should be limited to 15
We recommend that the Colorado Division of Wild- days.
life reimburse each county for the cost of lost hunter Due to the declining numbers of deer in many areas
searches. of the state, we recommend a rest-rotation system in
We oppose the pollution of streams by any person or the lower populated units be set up to allow the
organization, including the Colorado Division of numbers to increase,and to assure good quality hunt-
Wildlife. ing for future generations.
28 1982 CFB Policies 1982 CFB Policies 29
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