BLACK CANYON WATER RIGHTS LITIGATION TO PROCEED
A US District Court has refused to dismiss an environmentalists’ lawsuit challenging a settlement between the Dept. of Interior and Colorado over federal reserved water rights for the Black Canyon of the Gunnison National Park. Judge Brimmer said, federal agencies had a legal duty to preserve the park, in part by setting water flows high enough to preserve the canyon’s ecology. He said the federal government abdicated its responsibility by letting Colorado set the minimum flows. “The Secretary (of Interior), who is specifically charged with administering these lands and rivers, cannot wholly delegate responsibility to a local entity which is not bound by the statutory obligations,” wrote Brimmer. The environmental groups said the settlement’s minimum flows are too low and were set by politics, not the 20 years of scientific research that recommended higher peak flows in the spring. <http://rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_2824343,00.html>
