At recent meetings, the San Juan Water Conservancy District (SJWCD) and the Pagosa Water and Sanitation District (PAWSD) boards of directors approved applications for findings of reasonable diligence for several water rights held by the districts.
In Colorado, a finding of reasonable diligence reserves a priority date for a water right associated with a project that is in development for a six-year period. The application process, which begins with filing with the water court, requires the applicant to show that they are actively and diligently working toward the completion of the project which the right will be used to support.
Findings of reasonable diligence can be renewed, as is the case for the applications that the SJWCD and PAWSD approved.
At an Aug. 13 meeting, the PAWSD Board of Directors unanimously approved applications for findings of reasonable diligence for three sets of water rights, including rights for the San Juan River intake, a group of rights associated with the Dry Gulch Reservoir project that the SJWCD leads development on, and a second enlargement on a water right in Dutton Ditch.
The Dry Gulch and Dutton Ditch water rights are held by both PAWSD and the SJWCD, while the San Juan right is exclusive to PAWSD.
PAWSD board member Bill Hudson pointed out that these water rights are not rights PAWSD is currently using, but are rights that could be developed in the future if the district needs them.
He added that, if these applications were opposed, it could be “very expensive” for the district to defend the rights in court and the board would have to make a decision about whether or not to fight to retain them.
However, he expressed hope that there would not be opposition.
Prior to approving the application associated with the Dry Gulch water rights, PAWSD board member Glenn Walsh expressed his hope that “this filing is based on [the SJWCD’s] promise that they made to us 10 years ago that they were searching out federal, state, corporate, tribal partners to find funding for a reservoir for broad communities, pretty much encapsulated in their Wilson Water Group survey which has agricultural, piscatorial, environment, recreational and three different possible needs for drinking water, which I think is fine. … I certainly hope it’s not based on the old Steve Harris projections that this district, which sells 1,200 acre feet of water and isn’t even using any water from an 1,800 acre foot reservoir needs a 10,000 acre foot reservoir. I just strongly hope that this application is based on [the SJWCD’s] currently stated plans for a very broad-based reservoir.”
Hudson and Walsh also commented that they would like a more detailed report on what these water rights are and why they are important to the district prior to approving another diligence application for them.
At an Aug. 17 meeting, the SJWCD Board of Directors also unanimously approved diligence filings for the Dry Gulch and Dutton Ditch water rights.
SJWCD legal counsel Jeffrey Kane explained to the board that he would file the joint application for the Dry Gulch water rights, while PAWSD’s legal counsel would file the application for the Dutton Ditch water rights.
josh@pagosasun.com
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