[Extensions of Remarks]
[Pages E410-E412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

IN SUPPORT OF H.R. 3189

______

HON. SCOTT R. TIPTON

of colorado

in the house of representatives

Friday, March 21, 2014

Mr. TIPTON. Mr. Speaker, I would like to submit the following:

Crested Butte Mountain Resort,

Crested Butte, CO, March 21, 2014.
Dear Representative Tipton, I am writing on behalf of
Crested Butte Mountain Resort (CBMR) in support of H.R. 3189,
the ``Water Rights Protection Act.'' CBMR currently operates
on U.S. Forest Service Special Use Permit on over 4,300 acres
in Gunnison County and generates over $28 million dollars
into the local economy from destination skiers in lodging,
dining, entertainment and retail purchases.
CBMR supports H.R. 3189 because it would prohibit the U.S.
Forest Service from requiring our resort to transfer valuable
water rights to the Forest Service as a condition of
receiving a permit, or to apply for water rights in the name
of the United States, without compensation. This bill would
also prevent the federal government from making an end run
around state law by merely taking water rights that it does
not own through its permitting authority. It would not only
protect ski area water rights--it would protect any water
rights owners that operate on federal land.
Furthermore, requiring transfer of valuable water rights to
the U.S. Forest Service as a condition of receiving a permit
raises serious Fifth Amendment concerns. Most Colorado
resorts' water rights were acquired and developed at great
expense pursuant to Colorado law, and in some cases pre-date
the Forest Service itself. If the U.S. Forest Service wants
to secure its own water rights, it should buy them on
Colorado's well-regulated water market like everyone else.
Thank you for scheduling a hearing on H.R. 3189 and for
your leadership on this issue. It means a great deal to CBMR
and

[[Page E411]]

other ski resorts operating across Colorado on Forest Service
lands.
Sincerely,
Ethan Mueller,
General Manager.
____

Conejos County Colorado

Board of County Commissioners,

Conejos, CO, October 21, 2013.
Hon. Scott Tipton,
Washington, DC.
Hon. Jared Polis,
Washington, DC.
Dear Representatives Tipton and Polis: We the Conejos
County Board of Commissioners would like to endorse and
support the introduction of H.R. 3189, the Water Rights
Protection Act, which will prohibit the conditioning of any
permit, lease, or other use agreement on the transfer
relinquishment, or other impairment of any water right to the
United States by the Secretaries of the Interior and
Agriculture.
Conejos County is largely owned by the Federal Government
in which 62% of the land is owned by the U.S. Forest Service
and the Bureau of Land Management. If the USFS attempted to
implement a permit condition that required the transfer of
privately held water rights to the federal government as a
permit condition on National Forest System lands, this would
have a devastating effect on our ranchers and farmers and the
already strained water situation in Conejos County. It is
imperative to protect our privately held water rights,
prohibit federal takings and uphold state water laws
clarifying that the federal government does not have
jurisdiction.
We again offer our support and will watch as this important
legislation moves forward.
Sincerely,
Steve McCarroll,
Chairman.
____

Colorado Water Congress,

Denver, CO, October 3, 2013.
Re: Colorado Water Congress Supports H.R. 3189, Water Rights
Protection Act
Hon. Scott Tipton.
Dear Congressman Tipton: The Colorado Water Congress is
pleased to see the introduction of and hearing for Water
Rights Protection Act (WRPA), H.R. 3189. The bipartisan bill
was introduced last week. This legislation, with the
consensus amendments developed by your office, the national
ski areas and Colorado water users would prohibit the
conditioning of any permit, lease, or other use agreement on
the transfer or surrender of any water right to the United
States by the Secretaries of Interior or Agriculture.
The issue is of particular importance to Colorado's ski
areas that are located in national forests. The U.S. Forest
Service, through a 2012 Interim Directive recently attempted
to require the transfer of privately owned water rights on
federal lands to the federal government as a condition of
issuing standard land use permits.
The National Ski Areas Association sued the Forest Service
alleging that the directive amounts to a taking of private
property rights without due compensation and asked for a
declaration that the Forest Service cannot condition a ski
area special use permit on the assignment or severance of
water rights. In December 2012, the federal district court
entered an injunction prohibiting the Forest Service from
enforcing the directive. The court found that the Forest
Service violated federal procedural laws in adopting the
directive.
This matter is of importance to the Colorado legislature
that as recently as late August 2013 continues to investigate
Forest Service activities in this regard. It is unfortunate
that Colorado water users have to had to pursue both
litigation and legislation to protect our water rights from
takings by our Federal government.
We hope that passage of H.R. 3139 will put us on the right
path toward a permanent resolution. We urge the House to pass
this legislation without delay.
The Colorado Water Congress supports H.R. 3139. Thank you
for sponsoring the bill. Best regards,
Best regards,
Douglas Kemper,
Executive Director.
____

CLUB 20,

Grand Junction, CO, October 8, 2013.
Hon. Scott Tipton,
Washington, DC.
Dear Congressman Tipton: CLUB 20 strongly urges
Congressional support and passage of H. R. 3189, known as the
``Water Rights Protection Act.''
CLUB 20 is a 60 year old coalition of businesses,
individuals and local governments with members representing
22 counties west of the Continental Divide in Colorado. Our
members have been coming together over the past six decades
to discuss matters of common concern to Western Colorado
communities and citizens. Water has often been a focal point
for CLUB 20 members as there are far reaching implications to
many of the industries, communities and residents on the West
Slope regarding privately held water rights in the region.
Water rights are considered private property under Colorado
water law and are managed under a strict system that has
served the state over time. For many years, CLUB 20 policy
has opposed, ``. . . any Federal requirement that permittees
assign water rights to the United States in order to obtain,
renew or modify federal permits.'' CLUB 20 understands that
the McCarran Amendment requires the federal government, when
requested, to adjudicate any water rights it requires under
the substantive and procedural elements of state water law
within the state of the desired rights.
Our members have openly opposed and continue to oppose the
efforts of the U.S. Forest Service (USFS) to unilaterally
require ski areas or agriculture producers to turn over their
privately held water rights to the USFS as a condition of
obtaining, modifying or renewing a permit to conduct ski area
activities or maintain infrastructures to convey water on
USFS lands. We further oppose any such provision or ruling
that may apply to other private water rights with regard to,
natural resource development interests or other domestic
water interests.
The explanation offered by the USFS for the ``taking'' of
these privately held water rights, often developed at great
expense to the owner, is that they wish to maintain the
designated use of the water for the permit. We find that
explanation disingenuous for the following reasons:
1. Requiring that the USFS be named the owner of valid,
existing water rights is taking a private property right
without compensation and appears to be a violation of the
Fifth Amendment to the U.S. Constitution.
2. It would appear that federal ownership of these water
rights could be used to disallow future use of the area as a
ski area or other designated enterprise because the agency
that holds title to the water rights could deny permits based
on their withholding of those same water rights.
3. Once promulgated by the USFS regarding ski area and
agriculture water rights, similar decisions could be made
regarding grazing rights, mining rights, milling rights,
energy rights even municipal water rights.
4. This effort by the federal government seeks to undermine
states' rights with regard to water management, which our
members find unacceptable.
Ski area and agriculture operators invest significant
amounts of capital to develop their operations; in order to
attract the investment capital necessary, they must show that
they have adequate ability to construct and operate the
facility. Without demonstrating that they have adequate water
rights, attracting capital will be difficult if not
impossible. Further, it has been shown time after time that
federal regulations can be, and are, routinely modified for
one reason or another creating uncertainty for developers of
all sorts on public lands. Once held in the name of the USFS,
there is no guarantee that these water rights won't be
redirected, withheld or otherwise made unavailable to those
who made significant investments in developing those rights.
We support the protections inherent in H.R. 3186 and urge
passage of this or similar legislation which accomplishes the
same purpose. Thank you for addressing this critical issue
through the legislative process; we look forward to working
with you to see this bill through the process.
Best Regards,
Bonnie Petersen,
Executive Director.
____

AGNC Releases Statement on Ski Area Water Rights Issue

Rifle.--Scott McInnis, Executive Director of the Associated
Governments of Northwest Colorado (AGNC), released a
statement today regarding the United States Forest Service's
attempt to make the renewal of special-use permits by
Colorado ski areas conditional on transference of water
rights to the federal government, and efforts in the Colorado
State Legislature to prohibit such requirements:
``The AGNC vehemently opposes any attempt by the U.S.
Forest Service, or any other federal agency, to make
relinquishment of private water rights a condition of permit
renewal for users of government lands, as demonstrated
against our local ski industry last year. We believe this is
in violation of Colorado water law, and represents an
egregious intrusion on private property rights.
In addition to the immediate harm done to the property
rights of the affected skiing businesses, AGNC is especially
concerned with the broader ramifications of this action; what
other permit holders on government land will be required to
hand over their water rights in order to renew their permits?
Energy developers? Farmers and ranchers? Grazing
Associations? Local governments maintaining roads or
facilities on these lands?
With nearly 70% of northwest Colorado's land being
government-owned (over 70% in Mesa and Rio Blanco Counties)
it is easy to see how dependent our regional economy is on
these lands. Nearly all of our local industries--energy,
agriculture, tourism, and transportation, among others--rely
on access to government land. It is unconscionable that the
agencies charged with managing these lands for multiple uses
would use private water rights as bargaining chips in the
permit renewal process.
AGNC therefore supports efforts at the state level to
prohibit this and similar future actions on the part of the
USFS and other federal land management agencies.''

[[Page E412]]

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California Ski

Industry Association,

Mill Valley, CA, October 4, 2013.
Re Support for H.R. 3189

Hon. Doc Hastings,
Chairman, House Natural Resources Committee, Washington, DC.
Dear Chairman Hastings: On behalf of the members and
directors of the California Ski Industry Association I am
writing to add our support to H.R. 3189, the Water Rights
Protection Act.
This narrowly focused bill is designed to resolve an unfair
regulation requiring Forest Service permitees to cede,
without compensation, their water rights to the agency.
Nineteen of California's twenty-six ski areas operate on
Forest Service lands. We have a long history of working with
the agency and will continue to do so in the future. However,
our winter sports facilities on federal lands are strongly
opposed to the clauses that would require California
permitees to cede their valuable water rights to the agency
without compensation. Such clauses represent a taking and
carry far-reaching legal and economic implications, not only
for our industry but also for all other permitees operating
on Forest Service lands.
A recent study by San Francisco State University reported
that California's winter sports resorts generate $1.3 billion
in economic activity and over 16,000 jobs in our mountain
communities. Our resorts have millions of dollars invested in
their water rights. In many cases the source of these rights
are located outside of the permit boundaries.
We appreciate your scheduling a hearing on H.R. 3189 and
thank your and the sponsors of this important legislation.
Yours truly,
Bob Roberts,
President & CEO.

____________________