When you go to a car dealership and slap some money on the barrel head for a car, you come out owning that vehicle.  Your property right in that vehicle is fully vested and you can go drive it off a cliff if you want, and no one can complain to your heirs that you deprived them of their property.  Now if this cliff was in a national park your heirs might hear from a couple dozen governmental agencies, but at least the car wouldn’t be a problem because your property right in the car is complete or perfect, and that title comes without conditions or restrictions.

Groundwater rights in Colorado come with restrictions.  These government grants come in the form of adjudications which are water court decisions, or decrees which are decisions from the Colorado State Engineer. (more…)

(Click the above to enlarge.)

Note the expressed intent near the top of page 2 to supply Cherokee with “Denver and Dawson wells.”  This contradicts what Nyquist said to Wild Pointe residents and neighbors at Legacy Academy last week to assure them that “his” water comes out of lower aquifers and his plan would not affect their Dawson wells.

“Our water comes out of lower aquifers” (Nyquist audio from 8/17/11 Legacy Academy)

“Dawson wells not affected” (Nyquist audio from 8/17/11 Legacy Academy)

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“Our request to delay the vote on the district service plan amendment is simply to allow more time to educate the public and provide the facts about the project and its benefits,” he [Nyquist] said in a news release. “The project will be moving forward in all respects despite this delay.”

Elbert County water district withdraws push for controversial pipeline — for now

Snake oil
Pipeline plan puts Ark Valley at crossroads
Rancher urges better analysis of ag water
Officials skeptical of GP Water claims
Granada farmer: Pipeline plan hurts area

Kudos to the Elbert County Sun and the Ranchland News for good investigative reporting.  Wish it had come a week sooner to inform the audience at the Nyquist dog and pony last night at Legacy Academy in Wild Pointe.  (click below to enlarge)

Sounds like the Imelda Marcos Shoe Museum during an earthquake.

August 17, 2011
RE:  Elbert and Highway 86 Commercial Metropolitan District

Dear Commissioner Schwab and Commissioner Shipper, (more…)

Karl Nyquist defends pipeline plan
Lamar pipeline’s benefits, drawbacks debated - The Pueblo Chieftain

Sound off - The Pueblo Chieftain
Farmer sees payoff at both ends of pipeline - The Pueblo Chieftain
150-mile water pipeline gets Cherokee District nod
Action delayed on proposal to tap Arkansas River water - The Pueblo Chieftain
Pipeline plan catches Ark Valley off-guard - The Pueblo Chieftain
State water leaders wary of pipeline plan - The Pueblo Chieftain
Pipeline cost pegged at $340 million - The Pueblo Chieftain
Water company makes its move - The Pueblo Chieftain
Looking for gold in water projects - The Pueblo Chieftain
Ark River pipeline in murky waters - The Pueblo Chieftain
Speculative plan - The Pueblo Chieftain

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Elbert County Commissioners continue decision on metro district

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Note: Gravel pits never built and now planned to be used for water storage were sold to neighbors as gravel pits.

Gravel pit gets nod from commission
Gravel pit representatives pitch site

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Cherokee Metropolitan District Special Meeting Of The Board of Directors (more…)

(click to enlarge)

No foundation in law or natural rights exists to make third parties liable for existing infrastructure deficiencies. Moreover, regardless of how “responsible and fair regulations” are, the county has no regulatory authority over private mineral rights, including groundwater. This is not to say that such resources shouldn’t be carefully husbanded to maximize their utility, or that the pristine nature of our surroundings shouldn’t be protected. Government, however, is probably the last place I would look to protect such valuables.

An Overview of Colorado Groundwater Law

A Primer on Colorado Groundwater Law