DENVER—State and federal officials, water users and conservation groups have reached a tentative agreement in a 30-year legal battle over the river that flows through the Black Canyon of the Gunnison National Park in western Colorado.
The agreement was announced Friday after nine months of negotiations to settle a dispute over federal water rights on the Gunnison River. The pact, which must be signed by all the parties and approved by the state water court, is intended to ensure there’s enough water flowing through the canyon to maintain wildlife and a healthy ecosystem.
“I would say the negotiations were somewhat contentious and it was certainly a long time in coming, but it worked out,” said Bart Miller, an attorney for Western Resource Advocates, which represented five of the conservation groups.
Harris Sherman, executive director of the Colorado Department of Natural Resources, said the agreement was a team effort.
Negotiators included farmers and ranchers who use the river for irrigation and area communities who use the water.
“I am very pleased that we are close to an agreement that appears to protect both Colorado’s water interests and its environmental interests,” Sherman said.
The courts recognized the federal government’s water right in 1978, but the battle over how much water should flow through the canyon has gone on since then.
The agreement stems from a lawsuit by conservation groups over a 2003 deal by former Interior Secretary Gale Norton and the administration of former Gov. Bill Owens.
Conservationists groups challenged the state-federal deal, saying the flows set for the canyon were too low and wouldn’t protect fish or the environment in the national park.
U.S. District Judge Clarence Brimmer threw out the pact in 2006, saying the federal government abdicated its responsibility by letting Colorado set the minimum flows through the canyon. He said federal agencies had a legal duty to preserve the park, in part by ensuring there is enough water in the river.
The new agreement would set a year-round, baseline flow of 300 cubic feet per second through the canyon, peak flows during spring runoff and more intermediate levels after that.
State officials said the agreement will provide the National Park Service with the right for stream flows in the Gunnison River while maintaining adequate storage in the Aspinall Unit, which includes three reservoirs.
“The leadership from the state of Colorado and the genuine commitment of all of the negotiating parties led to a commonsense solution that achieves the various parties’ respective goals, which is historic,” David Bernhardt, Solicitor for the Department of the Interior said in a statement.
Congress approved upgrading the Black Canyon of the Gunnison National Monument to a national park in 1999. The Gunnison River carved a 2,000-foot-deep canyon at the site near Montrose.
