A proposal to strengthen state water-quality law that has failed at the Capitol the past six years won initial approval Wednesday, with lawmakers predicting this is the year it finally will survive.
The measure’s genesis is in the feud between Colorado Springs and its downstream neighbor Pueblo, which contends Colorado Springs is fouling Fountain Creek – one of the Arkansas River’s tributaries – with sewage.
The proposed law would allow water-court judges to consider environmental effects before approving transfers of large amounts of water out of rivers.
Rep. Buffie McFadyen, D-Pueblo West, who is sponsoring the bill, choked up during a House committee hearing after Rep. Cory Gardner, a Yuma Republican who voted against the measure last year, said he would support it.
“We have a saying in Colorado: Whiskey is for drinking, and water is for fighting,” McFadyen said.
She said she hoped the bill ends “an ongoing struggle in water quality” in applications for irrigation rights.
The cities of Aurora and Colorado Springs, which opposed McFad yen’s bill last year, also supported it this year. Gov. Bill Ritter has said he would sign it.
Sara Duncan from Denver Water, who testified in favor of the measure, said the political makeup in Colorado, with Democrats controlling the statehouse and the governor’s office, “swayed people as to the wisdom of this bill.”
The enduring fight between Colorado Springs and Pueblo is driving the legislation, but it will affect water quality across Colorado.
“This measure is based on the reality that all of our communities are downstream from one another, and by protecting the quality of our water, we can support everyone’s access to clean water,” said Peter Nichols, a water lawyer for the Lower Arkansas Water Conservancy District.
If passed, the measure will allow water-court judges to consider water-quality standards established by the Colorado Water Quality Control Commission before approving a large transfer. It does not apply to transfer decrees already approved.
Las Animas housewife Rachel Bogner told the House natural-resources committee she won’t drink her well water because she’s worried about pollution in the Arkansas River. Instead, the pregnant woman hauls buckets of water to her house.
“Water quality in the valley is not all that wonderful,” Bogner said. “It would be nice to make it where it doesn’t get worse.”
Last year, the legislation was killed by one vote in the Senate.
This year’s measure, only slightly different than last year’s because it would apply only to permanent water transfers and not temporary ones, was sent to the House floor on an 11-2 vote.
Staff writer Jennifer Brown can be reached at 303-954-1593 or jenbrown@denverpost.com.
