Black Canyon Litigation Settles
On January 7th 2009, the Colorado State Water Court in Gunnison approved a mediated settlement of litigation over Federal reserved water rights for the Black Canyon of the Gunnison National Park. CDR Associates mediated the agreement which was negotiated by over 20 parties and over 50 participants. The agreement settles a 30-year old conflict and legal battle over National Park water rights. “This agreement recognizes the importance of Black Canyon National Park and the need to preserve its spectacular resources for the benefit of present and future generations,” said Libby Fayad, representative for the National Parks Conservation Association.
If you haven’t visited the Black Canyon of the Gunnison National Park in Colorado, it is one you should really put on your list to see. Set in the central part of the state in the rugged Rocky Mountains, the 30, 300 acre Park embraces the 53-mile Black Canyon gorge through which flows the Gunnison River. Whereas the Grand Canyon in Arizona is fairly wide and drops in steps to an incredible depth, the walls of the Black Canyon are sheer, at places only 1,300 feet apart and drop to a depth of 2,425 feet (equivalent to a 194 story building)! Often the bottom of the Canyon is not easy to see, because it is enveloped in shadows. Those who are uncomfortable with heights should approach the railing slowly!
An interesting part of the Park’s history is the 30-year conflict and related litigation that surrounds its Federal water rights. When the Park was first established as a National Monument in 1933 and was later elevated to a National Park in 1999, it was guaranteed adequate water from the Gunnison River to preserve its ecosystem and protect Park purposes. However the water right was never quantified. Since the Park’s creation, much has changed on the Western Slope of Colorado – construction of the Wayne Aspinall Unit of the Colorado River Storage Project (multiple hydropower and water storage dams), agricultural expansion, extensive recreation and municipal growth. All of the above have led to significant competition and conflict over water.
In 2003, conservation groups filed litigation contesting an agreement between the Department of Interior and the State of Colorado over minimum streamflows for the Park. The judge agreed with the plaintiffs and threw out the pact.
In 2007, the services of CDR Associates’ Partner Christopher Moore were secured by leading parties to assess the feasibility of a negotiated settlement and conduct the mediation. In the fall of 2007, the parties began mediated negotiations assisted by Moore and two CDR Program Managers, Diane Tate and Jennifer Graham. After 11 months of intensive talks, the parties reached a settlement that guarantees the Park required amounts of water, protects power generation capacities and agricultural needs, and incorporates measures to address flooding concerns in the City of Delta.
