Mesa Verde National Park and the Town of Mancos have agreed to a temporary water exchange in light of current drought conditions.
Mesa Verde National Park has a 1962 junior water right off the Mancos River, but its decreed diversion is out of priority; meaning park officials should draw their water from Jackson Gulch Reservoir. The Town of Mancos has a more senior water rights claim off the Mancos River, but town officials have been drawing water from the Jackson Gulch Reservoir since April.
"The park will continue to take water out of the river, and the town will take its water out of the reservoir," explained state water resources division engineer Rege Leach. "By doing that, more water remains in the river, so senior water claims are not injured."
The issue surfaced earlier this month when rancher Tom Weaver inquired about possible injury to his more senior water rights claim to the Mancos River, Leach said. Weaver's point of diversion is downstream of Mancos.
"This leaves us in a very awkward position," Leach told town trustees. "We have a junior water right diverting out of priority, and I don't have the authority to mandate the exchange."
A benefit to all parties, the temporary agreement was made last week at the Mancos board of trustees meeting. Leach, who oversees all water issues related to the San Juan and Dolores River Basins, said the measure wasn't an official court order, rather a "gentlemen's exchange."
"There's no good guy or bad guy here," said Bryon Long of the Mesa Verde National Park water treatment facility. "It's a benefit for all."
Long said the park's treatment facility utilizes a more advanced carbon-based filtration system that operates more efficiently, saving tax money, when using water from the Mancos River. If there's future controversy, Long said the park would resume diverting water from the reservoir.
Manos water director Robin Schmittel assured town trustees there was plenty of water stored in the reservoir for residents. Trustee Chip Tuthill cautioned the agreement would force the town to incur additional expenses in treating water from the reservoir.
"We want to help the national park any way we can, but we don't want to put the town at risk of its water supply," Tuthill said.
Mayor Rachel Simbeck described the issue as complicated, but she said the board needed to take no official action at this time.
"We have a particular situation at this particular moment, and they want to make sure the town is not injured," she said.
Trustee Todd Kearns said if the area's top water rights official - pointing to Leach - endorsed the agreement, then he supported the exchange.
"This a gentlemen's agreement, and I think we just do this in good faith," he said.
Town officials routinely draw water from the reservoir throughout summer months until October, the same time water usage at the park drops off considerably.
"It sounds like a win-win situation," said town trustee Queenie Barz.
Leach said if injuries are reported from senior water owners, the agreement would be void, forcing park officials to resume diverting water from the reservoir.
"If this all falls apart, my hands are tied," Leach said.
Mancos residents consume an estimated 450,000 gallons of water daily.
In other news, town trustees unanimously approved an ordinance to revise zoning issues that will now allow medical marijuana dispensaries. The revisions remove unnecessary and restrictive location requirements.
The zoning issues were raised last month by businessman Jim Cody, who informed officials that zoning guidelines made it impossible to locate a medical marijuana dispensary inside town limits.
Officials said the medical marijuana dispensary Cody proposes could potentially generate up to $60,000 in annual sales tax revenues.
Regarding sales tax figures, trustees were notified last week that the town's sales tax is down five percent from the year's annual budget. According to the 2013 budget, the town projects to collect $305,000 in sales taxes this year.
tbaker@cortezjournal.com