The U.S. Forest Service plans to notify La Plata County within the week that it intends to file for rights on scores of historic water uses in the San Juan National Forest.
Matt Janowiak, the Columbine District ranger, briefed La Plata County commissioners recently about the agency’s effort to tie up loose ends.
Forest Service water would come from the Animas Service Area water right through an agreement La Plata County and the Southwestern Water Conservation District struck with the city of Durango.
The county and the water district were concerned that the city’s request for up to 1,400 cubic feet of water per second from the Animas River, for a whitewater park at Smelter Rapid for kayaking and rafting, could cause problems for other users.
So a negotiated settlement allowed the two entities to get senior status to the city. In Colorado, timing is everything when claiming a water right. The term “first in time, first in line” describes how priorities are set.
The whitewater park is not fully installed yet.
Bruce Whitehead, Southwestern Water Conservation District executive director, said the negotiated settlement made sense because more than 50 interests – including the state of Colorado, water districts, ditch companies and individual holders of water rights – opposed the city Durango’s proposed water claims.
Settling was less expensive than risking a battle in water court, Whitehead said.
There is little to worry about now because there’s enough water to go around, Whitehead said Tuesday. But an official water allocation always puts minds to rest.
The Forest Service proposed uses involve 137 springs for livestock and wildlife water, 13 springs for household use and some lawn irrigation at summer cabins at Cascade and one spring for South Mineral Campground north of Silverton in San Juan County.
The agency wants to divert about 2.4 cubic feet per second of water from the Animas River and/or its tributaries. But only around 0.2 cfs would actually be consumed because the remainder would find its way back to the river upstream of the whitewater park.
In 24 hours, a flow of 1 cubic foot per second will produce almost 2 acre-feet of water. An acre-foot covers a football field to the depth of 1 foot.
The federal agency also wants 57.8 acre-feet of water for Henderson Lake along Missionary Ridge Road for fishing, recreation, livestock and firefighting.
Forest Service hydrologist Kelly Palmer said the county has a month to review the agency requests. Once the county signs off, the agency can file its claims in water court, she said.
