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States walk fine line with law of the river
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Question: Could Wyoming or Utah block a Colorado entrepreneur's plan to pipe Green River water to Denver?

Answer: Not if he secures a water right in Colorado and remains within that state's share of the Colorado River Water Compact. Plus, while both Utah and Wyoming have expressed worries to federal agencies, neither wants to block another state's legitimate rights because they need cooperation for their own. They are closely monitoring Aaron Million's permitting process.

"He's got to be in synch with all these other commitments that have been made," Utah Assistant State Engineer Matt Lindon said.

Wyoming officials believe Million won't get a water right unless the state of Colorado supports his project as a legitimate use of its compact share.

Q: What is Colorado's position?

A: Neutral. "We're not trying to stop it, [and] we're not trying to help it at this point," said Jennifer Gimbel, Colorado Water Conservation Board director.

The state did raise one issue with federal officials conducting the environmental review, Gimbel said. Colorado awards water rights through court, allowing other affected water users to protest. Million is not going through that process before seeking the pipeline permit.

Q: Could Wyoming block pipeline construction across its territory?

A: Probably not, according to Wyoming Water Development Program Director Mike Purcell. The route runs along a federal interstate highway and utility easement the state does not control.

Q: What could stop the project?

A: Federal officials could determine the plan jeopardizes endangered fish or unreasonably harms protected wetlands, or that the water simply isn't available. They could also determine Million's speculating, rather than securing a right for customers today.

Q: What happens if the government rejects Million's plan?

A: Another one could follow, this time led by Colorado municipal water utilities. One metro Denver district already is building a reservoir with an undetermined supply and has discussed the possibility of a publicly backed Green River pipeline.

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