From Cold Shoulder to Helping Hands:
How the Water
Congress Was Won
A divided front, an unwelcome idea
In 1957, with a bill authorizing construction of a large reclamation
project before Congress, Governor Steve McNichols led a delegation of State
officials and other representatives to a hearing in Washington, D.C., where
the delegates presented testimony in support of that bill. But
representatives from an area affected by the proposed reclamation project
were also in attendance; they countered with suggested amendments to the
bill. Theirs was an entirely different approach to the project, in stark
contrast to the position of the State's official representatives.
At the hearing, Governor McNichols was disturbed upon seeing this sharply
divided front. Determined to discern what the people of Colorado wanted him
to do, the Governor suggested a meeting between all of Colorado's water
users and State government officials. In this way, he reasoned, those water
users could clearly indicate to State officials their needs and wants
relative to the proposed reclamation project.
The Governor's suggestion met an icy reception. Among those officials who
had long dealt with the matter, the overall feeling was that such a meeting
would further erode an already-tenuous relationship between the State and
its water users. Envisioning a heated exchange of charges and
countercharges, the officials predicted that any meeting would only serve to
reopen old wounds - and advised Governor McNichols against it.
First a thud, then a near-miracle
The Governor's idea again fell flat when proposed at a September 1957
meeting of the Colorado Water Conservation Board. But then something unusual
happened: Two leading water lawyers, famous for explosive conflicts over the
use of Colorado River water that would impact their respective clients,
actually agreed on something of import. As the Board discussed potential
effects of certain pending litigation on the water rights of individuals,
the two lawyers first made impromptu presentations, then the pair concurred
that an adverse decision in the pending litigation would be serious and
detrimental to the interests of the State. Both were in agreement that the
State should do everything within its power to assist in obtaining a
favorable decision.
This was stunning: Two lawyers - widely known as intensely spiteful
adversaries - were willing to agree openly on what should be done? In the
minds of some of those present at the CWCB meeting, new wheels began
turning.
The next month, after a meeting of the Colorado Bar Association's Water
Section, several attorneys sat in a coffee shop, some lamenting how few
opportunities existed for water lawyers to discuss problems and issues in an
informal way. Yet at that small table, a possibility was brewing: If a way
could be found for water lawyers to freely talk through such issues, even if
they couldn't settle their differences, lawyers would at least have a better
understanding of the others' positions and problems. John B. Barnard, Jr.,
First Assistant Attorney General, left that coffee shop with a mission in
mind.
Groundwork for cooperation is laid
The hearing in Washington had already made clear that the State of
Colorado needed to take a long, hard look at its water program. Mr. Barnard
soon contacted a group of 19 leading water authorities and water users from
around the state for assistance, making his selections from among those
who'd been most active - and often bitterly engaged - in many of Colorado's
landmark water conflicts. In explaining the need for strong leadership in
the State's water program, Mr. Barnard praised each man's excellent
performance on behalf his of clients and associates throughout Colorado's
long water wars, noting hard-won experiences and proven abilities. Now
Colorado itself needed the wisdom of these men: Would they be willing sit
down and reason together in an attempt to help the State? The answer was
yes.
This original group of 19 met in late November 1957, in Denver. The
ground rules were quickly set: The meetings would be confidential, and no
one would bind himself to any position by attendance; the group would list
matters on which there was substantial agreement, and table those on which
there was substantial disagreement; and they would meet in a spirit of
service to the State of Colorado, without regard to geographical area or
partisan politics.
In listing those items about which they felt the State had been remiss,
the group was surprised to find there were many more items on which they
agreed action should be taken by the State rather than items on which they
could not agree. Upon approval of an initial draft of action items, a
meeting of a larger group was convened on January 11, 1958, where close to
90 water leaders shared additional viewpoints and comments on the work of
the original 19. And it was from this broad perspective that a proposed
platform was carefully crafted - with substantial consensus reached on the
action items discussed.
Two great leaders rally the troops
In order to maintain a politically non-partisan attitude, the newly
formed contingent solicited the active support of Attorney General Duke W.
Dunbar, a Republican, and Governor Steve McNichols, a Democrat. Both became
enthusiastic leaders in what would later be known as the Colorado Water
Congress.
Together the Governor and the Attorney General presented the group's
proposed platform to the State Legislature. They asked for immediate
implementation of three of the platform recommendations: (1) memorandum to
Congress requesting federal legislation to ensure the sanctity of State
water rights; (2) Colorado legislation to permit the Water Board and State
Engineer’s Office to collect a fee for publications of water information, to
be held in a publications revolving fund; and (3) the appropriation of
$50,000 for special legal and engineering studies. Adopted by the
Legislature, the three recommendations became effective.
A serious impediment looms
The new “Colorado Water Congress” had been conceived as a meeting of the
State's water users - as originally suggested by Governor McNichols - with
modifications outlined by the larger contingent that agreed on the platform.
But before the first Water Congress meeting date was even set, a significant
concern was raised: How would more heavily populated and well-financed areas
be kept from using this new water users' platform as a "propaganda sounding
board"? Potentially affected representatives felt that the voices of water
users from sparsely populated or less affluent areas of the state could be
drowned out without some type of safeguard; they refused to participate
unless a measure of protection was offered against unequal representation in
matters of water resource management.
For a time, it appeared that this issue would be the death of the
proposed platform. Those who had labored long and hard on the draft felt
that the proposal for a statewide water users association was crucial to
their platform's success. Unless such an association could be formed, most
likely the platform would collapse entirely from the lack of follow-up
activity.
The "19"
score another win
In an effort to break the representatives' deadlock, the original group
of 19 met at Grand Junction in early May 1958. The resulting compromise
outlined a new provision for the recommended water users association - a
Rules Committee. This Rules Committee would be comprised of representatives
from 19 areas of the State of Colorado. Each area was to have one member,
and no item could be discussed or acted upon at any meeting of the
membership - or within any of the committees of the Water Congress - unless
such item had been approved by the Rules Committee. The Rules Committee
would require a quorum of 12 members during a vote, and any three members
voting against a proposition - by proxy or in person - would defeat any
proposal. The representatives agreed to this new provision, ending the
crisis.
A doubly historic first General Meeting
With this conflict resolved, the first meeting of the “Colorado Water
Congress” was called by the Governor and the Attorney General for June 4,
1958. There the proposed platform was explained by those leading water
experts who'd helped create it, and all representatives in attendance were
subsequently divided into 19 area groups in which the proposed platform was
fully discussed. One representative was elected from each of the 19 groups,
and each gave a report of his group's comments and concerns to the general
meeting. With the exception of a few minor details, there was unanimous
agreement on the proposed platform overall.
In Denver on a summer day in 1958, history had been made. This had been
the largest single meeting of Colorado's water users ever - and it had been
a gathering at which a diverse group of water users had reached a truly
remarkable consensus.
Setting a course for future success
The 19 elected area representatives met on the following day to implement
the newly approved platform, first organizing a statewide association to
carry on the work begun at the June 4 meeting. These 19, with the addition
of 10 others appointed by the Governor and the Attorney General, comprised
the Organization Committee of the Colorado Water Congress. That Committee
selected an Executive Committee and others committees to present recommended
forms of constitutions and by-laws. Most all in attendance concurred that
perhaps the single most important aspect of this new effort was that it
would provide a medium for an ongoing program of public information and
education.
Several meetings of the Executive Committee and the other committees
ensued to complete the organizational framework, and on July 17, 1958, the
recommended Constitution and By-Laws were presented to the Organization
Committee. With only minor modifications, the Organization Committee adopted
the Constitution and By-Laws, and the Colorado Water Congress was a reality
at last.
By the fall of 1958, financial support from both private and public
entities was sufficient for the Water Congress to hire a full-time
secretary, and a temporary headquarters was established in Mr. Barnard's
office 105 State Capitol Building.
Although no concerted membership campaign had been launched, by the end
of 1958 there were some 300 active, dues-paying members, including some 25
sustaining members. As a result, the first Annual Convention of the Colorado
Water Congress that convened on November 7, 1958 in Denver was very well
attended, indeed.
Past Presidents
Past Executive Directors