Attorney: RWR plan has too many holes for Douglas County ARPA investment

By cvlopez | clopez@alamosacitizen.com

THE Renewable Water Resources proposal runs counter to the Colorado Water Plan, would likely trigger a federal review under the Wirth Amendment for the harm it could do to the Great Sand Dunes National Park and Baca National Wildlife Refuge, and doesn’t have a developed augmentation plan to meet the required one-for-one replacement within the same Response Area to get the plan through state water court.

Those are some of the findings Attorney Steve Leonhardt laid out in confidential memorandums released Tuesday by Douglas County. The problems Leonhardt sees with the proposal convinced Commissioner Abe Laydon to not support RWR’s request for investment by using federal American Rescue Plan Act money.

“This is good news for the San Luis Valley and it speaks to the hundreds and perhaps thousands of people who spoke out against this unviable proposal.”

– state Sen. Cleave Simpson

Leonhardt’s memo concluded that “the two reasonable options would be to (1) reject the proposal; or (2) continue discussions with RWR (and perhaps other interested parties in Douglas County and/or the San Luis Valley) to see if agreement can be reached on an acceptable proposal.”

Laydon and Teal chose option 2. Thomas wanted Douglas County to walk away altogether.

“Douglas County welcomes ongoing discussions with RWR, should they be able to provide new information or otherwise overcome these hurdles,” said a statement released by Douglas County.

Simpson, during a recent taping of The Valley Pod, told Alamosa Citizen that changing the rules and regulations governing groundwater pumping in the Valley would be a difficult challenge.

“To change the rules and regs, they’d have to go to court as well,” Simpson said. “They would be seeking authorization to change the rules that we all live by. Those are confined aquifer new-use rules and rules and regulations for groundwater withdrawals that everybody else here lives with.

“I’ve highlighted this from the very beginning, that’s a pretty tough hill for them to climb. The money behind this though, I suspect if Douglas County wants to participate in this we’ll see them in court.”