Wilderness Workshop Files Statement of Opposition to Water Rights for Dams on Castle and Maroon Creeks WW looks forward to working with the City of Aspen to find common ground and win-win solutions. Contacts: Will Roush, Wilderness Workshop, 970-963-3977(o), 206-979-4016 (c) For Immediate Release December 21st, 2016 Aspen –Wilderness Workshop filed a statement of opposition today to the City of Aspen’s request for a finding of diligence on its conditional water rights for reservoirs on Castle and Maroon Creeks. Filing a statement of opposition will allow Wilderness Workshop a seat at the table to work with the City of Aspen to find alternatives to building these two reservoirs. “We applaud the City for its record of environmental stewardship and commitment to studying alternatives to building dams in two of Colorado’s most iconic valleys,” said Conservation Director Will Roush. “The water court process includes a pre-trial settlement period which provides an excellent opportunity for us to work with the City to find a solution that both protects these two creeks and ensures Aspen has a long term, reliable water supply.” Both reservoirs would flood portions of the Maroon Bells-Snowmass Wilderness and cause significant ecological damage to the two creeks. Wilderness Workshop is committed to ensuring dams are never built on either creek. The City’s conditional water rights can be used only for construction of the two dams to store water. They offer no legal protections for the two creeks. Wilderness Workshop supports increasing protections for the two creeks, including an increase in the minimum instream flow to include spring peak flows. Roush summarized Wilderness Workshop’s reasons for filing: “Filing a statement of opposition sounds like we disagree, but in reality I think we all have a lot in common. We’re filing for two reasons: first, to have a seat at the table with the City and other parties to find common ground and second, to make sure that dams are never built on Castle or Maroon Creeks.” #### BACKGROUND ECOLOGICAL IMPACTS OF THE TWO DAMS Dams sever streams in two. These dams would obstruct fish and other aquatic organisms from moving freely up and down the two creeks. Land animals also use the rivers as corridors and dams would significantly reduce that ability. Additionally, shady, wet river corridors like Castle and Maroon Creeks have been identified as crucial habitat for animals adapting to a warmer, drier world. Dams flood important wetlands and riparian habitat. Over 80% of animals in Colorado utilize rivers and adjacent riparian areas. Combined, these two dams would flood over 200 acres of largely pristine river corridor and wildlife habitat. But the impact would be much more than 200 acres given the associated infrastructure, road building, and general industrialization of the landscape. Dams capture the ecologically critical spring peak flows. Each spring the flushing flows from snowmelt re-arrange stream sediments and replenish wetlands on thee two creeks. This creates and sustains the structure and function of the rivercorridor habitat. The significant ecological changes below other dams provide a clear record of how damaging reducing peak flows can be to ecosystems. ABOUT CONDITIONAL WATER RIGHTS Aspen’s rights provide no protections for the two streams due to the intricacies of Colorado water law. If conditional water rights are “abandoned” then they are permanently gone and no one else can take them. If Aspen abandons its water rights, then no one else can use them to develop the two creeks. Other interests could develop the water, even if Aspen keeps its conditional water rights. A conditional water right provides no legal protection against an outside entity seeking to appropriate water in Castle and Maroon creeks. A conditional water right simply guarantees the City’s place in line to use water if they build the dams. Conversely, Colorado’s constitution guarantees, “the right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied.” This means that at any time anyone could divert water out of these two streams regardless of whether Aspen holds rights for dams. Only existing decreed water uses provide protection. To use its water rights to stop someone from taking water out of the streams, the City would have to build the dams.