Amicus brief reinforces NSAA complaint against federal agency
By Bob Berwyn
SUMMIT COUNTY —The ski industry has some new allies in its legal challenge to a new Forest Service ski area permit requirement affecting water rights.
The Colorado River Water Conservation District, the Eagle River Water and Sanitation District, the Ute Water Conservancy District, the Eagle Park Reservoir Company and the Clinton Ditch and Reservoir Company have joined in the lawsuit with an amicus brief that was accepted by the U.S. District Court of Colorado a few days ago, according the Colorado River District attorney Peter Fleming.
Ski areas claim takings; agency says it’s protecting a public resource
By Bob Berwyn
SUMMIT COUNTY — The U.S. Forest Service has responded to the ski industry’s lawsuit over water rights, claiming it has every legal right to attach certain requirements to ski area permits ensuring that the water originating in streams on public lands remain dedicated to continued ski area obligations.
In the response, the Forest Service said:
“The 2012 ski area water rights clause speaks for itself and is the best evidence of its contents. Defendants deny any allegations contrary to the plain language and meaning of the 2012 ski area water rights clause. Defendants deny any violation of the Constitution, federal law or regulation.”