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.