DENVER — The Colorado Attorney General’s office filed a brief today with the U.S. Supreme Court in response to Kansas’ allegations that Nebraska violated a 2002 settlement concerning use of water from the Republican River. Colorado is name as a defendant in the suit, though Kansas didn’t make any direct claims against Colorado.
The Republican River begins in eastern Colorado and flows through Nebraska and then Kansas, where it joins the Kansas River. The 1942 Republican River Compact divides water use between the states. Kansas in 1998 sued Nebraska, also naming Colorado as a party in the compact; the case settled in 2002.
“I remain concerned that Kansas sees litigation as the best way to resolve issues on the Republican River,” said Colorado Attorney General John Suthers in a statement. “I’m especially troubled because Kansas unsuccessfully attempted to make this very same case before an arbitrator. Though the U.S. Supreme Court ultimately will decide whether to take this case, I continue to believe that here, as with all interstate disputes, Nebraska and Kansas can resolve their disagreements without subjecting all of the states to the costs and uncertainties of litigation.”
Lochhead beat out a field of more than 100 candidates to replace Chips Barry, who is retiring after nearly 20 years as head of the water utility. Lochhead, who headed the Colorado Department of Natural Resources from 1994 to 1998, is widely respected as an expert in water law.
“Jim brings deep experience and expertise in Colorado water issues and the political process, as well as outstanding leadership, strategic visioning and management skills,” said Penfield Tate, president of the Board of Water Commissioners, in a statement.
“Denver Water is a solid, well-run utility,” Lochhead said in a statement. “At the same time, we will face a number of challenges in the future, and I look forward to bringing my experience to bear and work with the employees to meet those challenges.”
Lochhead will start in the position in June. He and his wife, Abby, will be moving to Denver from Glenwood Springs.
On Friday, Colorado Supreme Court Chief Justice Gregory Hobbs was in Telluride to explain how the laws that govern water rights came into being, the Telluride Daily Planet reports. Hobbs’ talk was part of a class called Water 101, put on by the New Community Coalition, the San Juan Citizens Alliance, the San Miguel Whitewater Association, the Telluride Institute, the Southwestern Water Conservation District and the Water Information Program.
