On December 20, 2004 the Pagosa Area Water and Sanitation District’s (PAWSD) and the San Juan Water Conservancy District (SJWCD) applied for water rights for a proposed water development known at the Dry Gulch Reservoir and Pumping Station. The water rights would allow the two districts to divert as much as 280 cubic feet of water per second from the San Juan River just east of Pagosa Springs and to store as much as 70,000 acre-feet of water annually in a reservoir that would lie on Dry Gulch, a tributary to the San Juan River. The districts claimed the water rights to serve population growth in Archuleta County through 2100.
The districts’ year 2100 population and water demand projections are highly inflated. Current population in the districts’ service area is roughly 10,000 people, and water demand is approximately 3000 acre-feet of water per year. The projections for 2100 are 171,827 people and water demand of over 32,000 acre-feet annually. These projections far exceed the state demographer’s population forecasts and the Colorado Water Conservation Board’s water demand projections. PAWSD’s documents themselves acknowledge that “projecting population and water demands nearly 40 years into the future is an exercise in crystal ball gazing.”
Is this Pagosa Springs circa 2100 - under the Districts' projections?
Trout Unlimited’s Colorado Water Project opposed the districts’ water court application for the Dry Gulch Reservoir and Pumping Station water rights, contending that the water rights were speculative and therefore illegal under Colorado law. TU doesn’t question the need for – or location of – the project, but believes the proposed size is well beyond the districts’ future water needs and that diverting enormous quantities of water from the San Juan River will harm aquatic life.
An angler enjoys the upper San Juan River. Photo: San Juan Citizens Alliance
“We think the project is much bigger than any substantial need. We’re not opposed to water storage and we’re not opposed to a reservoir at Dry Gulch, but this project is extremely expensive and ties up way too much water,” said Drew Peternell, director of Trout Unlimited’s Colorado Water Project
Despite TU’s attempts to settle out of court with the districts, the case went to trial in May of 2006 with TU represented by Drew Peternell. The water court granted the application essentially as claimed, awarding rights to divert 180 cfs and store 70,000 acre-feet annually. Trout Unlimited decided to appeal the decision, and on October 30, 2006 filed the appeal with the State of Colorado Supreme Court. Trout Unlimited argued its case in front of the Supreme Court on Tuesday June 12th.
