THIS was supposed to be the week that the three Douglas County Commissioners, Lora Thomas, Abe Laydon and George Teal, visited the San Luis Valley to host a community meeting on Douglas County’s consideration of the Renewable Water Resources proposal to export water out of the Valley north.
There’s still an expectation that Laydon and Teal will find their way down, on their own, away from the public spotlight in their own pursuit of reasons to support or not the Renewable Water Resources plan.
For her part, Thomas has been opposed from the outset and prefers that Douglas County focus on a water project in its own backyard – the Platte Valley Water Project with Parker Water & Sanitation and Castle Rock Water.
She’s also been troubled by what she sees as conflicts of interest among her fellow commissioners for their public positioning of RWR and their perceived coziness with Republican moneyman Bill Owens, a former governor of Colorado, and his entourage at Renewable Water Resources.
It would have been those dynamics, a split and at times feuding Douglas County commission, that would have arrived at the Ski Hi Regional Events Complex in Monte Vista to hear from Valley residents. But after Teal made comments that there was nothing to gain from such a meeting since Valley residents didn’t seem interested in finding a deal with Douglas County and supporters of RWR felt threatened and silenced, the commissioners punted.
That doesn’t mean Douglas County – and Laydon and Teal, specifically – has lost interest in RWR. Quite the contrary. What’s puzzling is nobody outside RWR understands why, particularly since Douglas County is not a provider of water services and would find itself entangled in years of litigation at a minimum.
“I have zero ulterior motives, other than wanting to secure proactive win/win water solutions for both communities,” Laydon said to Alamosa Citizen. “I’m persuaded by facts, not noise or propaganda. We have engaged in a deep-dive water series and study with a hydrologist and water attorney who have yet to compile their findings into final recommendations.”
The three commissioners huddled in executive session for two hours Monday to hear from Stephen H. Leonhardt with the law firm Burns Figa & Will, and Tom Hatton from Applegate Group, Inc. Leonhardt and Burns Figa & Will have been retained as special counsel to help Douglas County understand the legal issues surrounding the Renewable Water Resources proposal, while Applegate Group, Inc., has been retained to consult on engineering and hydraulic aspects of the RWR plan, according to public files.
Both the special legal counsel and Applegate consultants had their contracts recently amended to include more money and more time on the RWR plan. Douglas County also this month issued a request for qualifications (RFQ) for additional water consultant services. The RFQ has an April 8 deadline.
Following Monday’s lengthy executive session, the commissioners will receive a confidential memo summarizing what they heard. Where they are with a decision on RWR is harder to determine. Since Thomas is opposed and Teal is in support of RWR, the past weeks have become the Abe Laydon show to see where he lands.
“I don’t know where we’re headed,” said State Sen. Cleave Simpson, who is also general manager of the Rio Grande Water Conservation District and is a farmer and rancher in the San Luis Valley.
Like others who have made presentations to help Douglas County commissioners understand the ever-declining water conditions of the San Luis Valley aquifers – the unconfined and confined – and threats to the Valley’s ecosystem from 20 years of drought and loss of wetlands, Simpson is frustrated at the spectacle Douglas County has created.
“To make this thing work they have to change the rules and regulations that we all have lived under and crafted over the last 20 years,” he said of the Renewable Water Resources proposal.
It’s not simply Laydon casting the deciding vote to move the RWR proposal forward. If he were to take that gamble for Douglas County, RWR then would have to ask State Engineer Kevin Rein to change the rules governing water to meet the intent of their proposal, said Simpson.
“If I was Douglas County I’d say ‘I’m not going to give you a dime until you get the rules changed’ and the likelihood of them changing the rules here is nearly zero percent from my perspective,” Simpson said.
Coming out of Monday’s executive session with their special counsel and hydrologist consultant, Laydon said he was happy to hear the expertise and “objective facts” that were discussed. He and Teal have made it a point to say Valley representatives and residents they’ve heard from are not objective and instead overfilled with emotion.
“I very intentionally have taken the emotion out of my presentations and conversations with them,” said Simpson. “And honestly, even the folks at RWR from the very beginning, I said ‘I appreciate this is a business proposition from your perspective, I’m happy to sit down with you and let’s debate the pros and cons, but you can’t put out false information.’
“They claim we’re putting out false information and I can say with absolute certainty none of the stuff that I’ve presented or the meetings I’ve been in with them is false information. It’s all 100 percent accurate and quite the contrary from the other perspective. I can demonstrate without doubt that the information they’re getting is false.”
Simpson has sat with Laydon and extended invitations to bring in others like Ken Salazar, the U.S. ambassador to Mexico and one of Colorado’s foremost experts in water law, to help Laydon better grasp the drought conditions and over pumping situation in the Valley. Former Alamosa County Commissioner Darius Allen is another person Laydon has been invited to hear from.
For Laydon, he’s focused on the consultants that Douglas County has hired to help him make a decision. Presumably he heard some of what he’s looking for in Monday’s closed meeting. Following it he, Thomas and Teal sat through their first presentation on the Platte Valley Water Project.
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