At its May 18 meeting, the San Juan Water Conservancy District (SJWCD) Board of Directors discussed water issues on the Rio Blanco and the district’s role in potential future litigation.
SJWCD board member Candace Jones summarized the situation, explaining that Archuleta County Attorney Cathleen Giovannini reached out to the district about an ongoing dispute between property owners on the Rio Blanco concerning one landowner’s construction of “berms” that are potentially redirecting the river and causing flooding on a neighboring property.
She noted that her description was “hearsay” and that she was “only going on what I’ve heard.”
She added that Giovannini stated that the county was considering a lawsuit against the property owner erecting berms since he is not following land use regulations.
Jones stated that Giovannini was interested in whether or not the SJWCD has any claims relevant to the potential lawsuit since it was previously involved in funding restoration on the Rio Blanco in the 1990s and 2000s.
She indicated that she found a book detailing the project and distributed it to the board as well as speaking with Val Valentine, a former water commissioner who wrote the book.
According to Jones, Valentine stated that the homeowners’ associations in the area led the design of the restoration project while the SJWCD helped apply for grants.
Earlier in the meeting, in response to a question from Jones, SJWCD legal counsel Jeffrey Kane indicated that he believes the district likely has no actionable claims in the situation unless it had imposed any easement rights or other contractual obligations as part of the restoration.
Jones replied that she would try to investigate the deeds involved more, and Kane indicated that he would also investigate the issue further.
“So, it will be some interesting litigation to be aware of but I don’t know, based on what Jeff said, that we have any direct interest there,” Jones summarized.
josh@pagosasun.com
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