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MVIC water lease: What are the issues?

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Monday, Nov. 7, 2011 11:10 PM

Montezuma Valley Irrigation Company’s board of directors got a loud message from their stockholders last May: “we do not want to lease water to maintain instream flows.” Now the board is seeking to understand stockholder concerns.

The company, which supplies water to a large area around Cortez, was considering leasing water to the Colorado Water Conservation Board to increase flows downstream of McPhee Reservoir on a short-term, trial basis. The lease was to be paid for primarily by conservation organizations and other nongovernmental sources with the goal of maintaining an instream flow of 78 cubic feet per second on the Lower Dolores River through the dry summer months for fish and wildlife. The water would have come from MVIC water held in Groundhog Reservoir, above Dolores, and passed through McPhee. It would have supplied up to 6,000 acre-feet of water in three out of five years.

The “no” vote turning down the lease surprised the board since they had been directed by stockholders at the previous annual meeting to look into a potential lease to provide funds for badly needed system maintenance and repairs. So where was the disconnect?

Since the May vote, MVIC board members have been seeking to understand the concerns of its stockholders. They brought in a facilitator from Colorado State University’s water institute to convene small group dialogues aimed at listening — not trying to convince, but to listen. In August, they listened to a representative group of a dozen stockholders, and in September another dozen. Then, throughout October, each of the seven board members held a meeting to listen to the stockholders he represents. That’s nine listening meetings all together.

Now, on Nov. 14, the board is inviting all of its stockholders to convene as a whole, so that the concerns about the lease — and, just as important, the question of how the company can fund critical system repairs and maintenance — and diffuse rumors can be discussed and addressed.

What are the concerns, questions and ideas that have been articulated by stockholders in these meetings? Perhaps foremost is a concern that once the company leases water for instream flows once, it might be forced to continue the practice in the future, whether it wants to or not. One stockholder asked, “If it turns out the fish do much better with these additional flows, won’t the government require us to keep providing that water? What if we don’t want to?”

At the September dialogue, Ted Kowalski from the Colorado Water Conservation Board was on hand to shed light on that concern. He acknowledged that it is a legitimate concern and to address it requires an understanding of how the Endangered Species Act works, and perhaps some of the psychology and politics surrounding it. Though it is a complex issue, Kowalski said the State of Colorado works diligently to protect the water rights of its citizens, and that includes seeking to proactively prevent species from being listed under the ESA. Water rights holders who show willingness to work to avoid an ESA listing by supplementing stream flows may gain “political capital” by showing a willingness to cooperate, he said.

Another concern expressed is that there is not enough water to share — that in a time of drought, when the instream flow is most critical, that’s when farmers need the water the most. Stockholders said they need a better understanding of the board’s assertion that the volumes to be leased, even in a drought year, are too small to negatively affect farm production.

A “chicken and egg” dilemma arose out of the dialogues. In isolated cases, farmers are not getting all the water they want from the system. The board says that aging canal infrastructure and outdated conveyance strategies prevent MVIC from getting all the water it has available out to its customers efficiently. That circumstance could be more timely addressed with improvements made possible from lease revenue.

Stockholders and interested members of the public are encouraged to come to the meeting on Nov. 14. The board has invited some key state leaders and representatives from environmental groups to listen, and to share perspectives that can shed additional light on the issues. The meeting will be held at 6 p.m. at the Lewis Arriola Community Center. Those interested in reading accounts of the August and September dialogues ahead of time can find them online at www.mvic.info or by calling the MVIC office at (970)565-3332.

Water has always been a subject for intense passion and debate in Colorado’s southwest region. That won’t change — and shouldn’t, because water is our lifeblood. It’s not just a matter of economics; it’s also tied up in how we feel about the land, about our rivers, about an agricultural lifestyle we treasure. We also treasure the freedom to speak what we believe—and to learn from one another as we seek solutions to our water challenges. Let’s all take advantage of that opportunity as we come together on Nov. 14.



MaryLou Smith is a policy and collaboration specialist with the Colorado Water Institute at Colorado State University.

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