High Country Citizens' Alliance v. Norton

448 F.Supp.2d 1235 (2006)

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High Country Citizens’ Alliance v. Norton

United States District Court for the District of Colorado
448 F.Supp.2d 1235 (2006)

  • Written by Rose VanHofwegen, JD

Facts

In 1933 Congress designated the Black Canyon of the Gunnison River a national monument, which was later upgraded to a national park. Over time the government built multiple dams and reservoirs that significantly altered the natural river flows above the canyon. When the United States filed claims for reserved water rights for Black Canyon, the Colorado water court granted a “conditional and absolute” right to the water necessary to conserve the canyon to provide a source of recreation and enjoyment “for all generations.” The right included water for direct flows and storage, wildlife conservation, forest improvement and protections, wilderness preservation, and instream flows necessary for fish, with priority dates dating back to 1933. The water court directed the federal government to file a final calculation of the amount of water necessary to fulfill the purposes of the reservation to make its conditional right absolute. The government filed its application 23 years later in 2001, claiming a year-round base instream flow, plus higher peak and shoulder flows, with a priority date of 1933. More than 380 parties opposed the application. The U.S. Department of the Interior (DOI) and Colorado Water Conservation Board (CWCB) reached agreements that the National Park Service would relinquish its peak and shoulder flows, claiming only a base flow, and that CWCB would have instream-flow rights for water beyond that necessary for the reservoirs. The High Country Citizens’ Alliance and other groups (plaintiffs) sued DOI Secretary Gale Norton, the DOI, and the National Park Service (defendants) challenging the relinquishment of the peak and shoulder rights.

Rule of Law

Issue

Holding and Reasoning (Brimmer, J.)

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