PASSED! Nine to Three on February 20, 2012
February 21, 2012
A BILL FOR AN ACT CONCERNING GROUNDWATER IN THE SOUTH PLATTE RIVER BASIN.
Testimony by Charles W. Sylvester February 20, 2012
Thank you for the opportunity to testify on House Bill 12-1278.
I strongly support the Fischer Bill, and thank Representative Fischer for bringing it to this committee.
Like Senator Greg Brophy, Representative Fischer recognizes Colorado has an emergency situation… of non-historic flooding along the South Platte River basin…that requires immediate action!
This bill wisely authorizes the state engineer to immediately address this man-made flooding in ways that will circumvent any further destruction of properties from Henderson, out past Sterling.
Water Law versus Water Engineering: Or more accurately described as Attorneys Water Movement Trumps Mother Nature.
Water Law was changed initially, to temporarily address a drought. As a part of this emergency undertaking, 8400 wells were shut down, and 6,000 reopened under a new – albeit scientifically unattainable requirement of 100% augmentation plan.
One consequence of this re-design of water usage resulted in individuals in the lower areas of the South Platte River being the receivers of new waters in abundance -and past its historically developed flow.
This new water receivership developed into a demand. And with this demand came attorneys who assisted in depriving the upper end beneficial users in order to facilitate their clients, the lower end receivers, with water ample enough to sell back to the now deprived upper end users.
Realizing real harm from these actions, the upper end beneficial users tried for years to explain the absolute scientific need to correct the water situation by returning control of its movement back to engineers.
Many hydrological engineers saw other dangers emerging, and they too tried to warn officials. Their warnings went un-heeded, and the pleadings by beneficial users were met with lawsuits.
A combination of these man-made decisions has already resulted in non-historic surface water flooding.
I cannot emphasize enough…how this destructive this man-made flooding is! It is destroying water treatment systems, productive farmland, pastures, homes, crops, dreams, livelihoods and yes – even lives.
I also cannot stress enough…the fact that this flooding is an act of agency…not an act of God…and, thereby should be accurately recognized as non-historic and avoidable!
Again, I reiterate, at the same time these events are taking place on the upper end of the Platte, lower end residents are not only getting enough water to irrigate their crops, they now have a surplus that water cartels sell.
In order to help Governor Hickenlooper from being forced to deal with an unnecessary catastrophic event, I offer the following…and in this order:
1) Governor Hickenlooper immediately issue an Executive Order to open all wells - and at the historically workable augmentation rate of 15%. He should stay that order until all the affected properties are completely drained and stabilized with a scientifically determined rate of dry length.
2) Governor Hickenlooper launch a program that will immediately identify parties damaged by man-made flooding and get rolling on compensating them for their losses and reclamation of their property. Even though the 3.5 million fiscal note on this bill won’t even come close to compensating the harmed, it would certainly be a good use for it. To make up the compensable loss difference, those who deem themselves as “controlling State’s water” should be identified and forced to chip in on compensations. Their only business should be to quiet lawsuits, compensate the damaged, and allow science to remedy water matters.
3) Governor Hickenlooper authorize State Water Engineer to work closely with a non-partisan group of no less than 6 hydrological engineers, to fully monitor well activity while folding this monitoring into a comprehensive study as defined within, but not exclusive to Representative Fischer’s bill.
Please know that with the soon coming spring melt, this flooding has potential to eliminate hundreds of thousands of production acres, and destroy your neighbor’s life. If this is your desire, then kill the bill.
But because I sense each of you ladies and gentlemen of the committee, are compassionate good neighbors, I feel certain each of you will vote yay, and unanimously pass HB 12-1278.
Thank you.
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Dear Congressman Gardner, February 18, 2012
Please do what you can do to draw attention to this critical matter of non-historic flooding along the South Platte River Basin. Governor Hickenlooper appears to be ready to declare this an emergency, but is being blocked.
For example, Thursday the 17th, both Chuck and I testified on the Sonnenberg/Brophy SB 12-142. Though pushed by Sen. Brophy, John Stulp refused to relay, for the record, the governor's sentiments. Had he done so, we believe the bill would have passed and relief initiated for those whose properties are being destroyed.
Cory, I can't describe the honest rage that's rising from the affected parties. They're not respectfully acknowledged (you should have witnessed some of the bored, condescending senators), are witnessing attorneys threaten suit to any who dares provide relief from this man-made occurrence, and subjected to elected officials who whine because - I guess - us clunkers out here in the sticks are a bit clumsy when we holler HELP!
Believe it! I was told that Bob Longenbaugh, the most water knowledgeable individual in the state, "is a detriment." Why? Because his truths and facts fly in the face of the corrupt who are enjoying unjust enrichment off the destruction of others.
If Bob Longenbaugh could spend 1 unfiltered hour (at no cost to taxpayers) with the Governor, he could show John the hydrological steps necessary for immediate relief to the property owners, followed by the corrections that must be made to alleviate this non-historic event from occurring again.
Bob can also show how all this can be done at a mere fraction of the hefty bill killing fiscal note clomped on to Rep. Fischer's HB 12-1278.
Chuck & I plan to testify again Monday (20th) on Fischer's bill, with prayers that wisdom will prevail.
Would you please inform Governor Hickenlooper that he's facing an underground tsunami that - if left as is, will destroy thousands of production ag acres, private property, livelihoods and even lives?
I cannot stress the urgency of this enough.
Thank you Congressman,
Roni Bell Sylvester
Volunteer Editor
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