Colorado Trout Unlimited Applauds Progress to Save LWCF

Senate passes bill to restore the Land and Water Conservation Fund and protect special places

(Feb. 12, 2019) Denver, CO. – The United States Senate has voted to advance S. 47, the Natural Resources Management Act. Importantly, the bipartisan legislation permanently authorizes the Land and Water Conservation Fund (LWCF), which has been expired since September 30. The legislation now goes to the House of Representatives where supporters are urging quick passage.

“Even when this hugely successful program was falling victim to Washington’s partisan dysfunction, Senators Bennet and Gardner never stopped working to secure its passage. We deeply appreciate their unflagging commitment to investing in Colorado’s public lands and outdoor recreation,” said David Nickum, Executive Director of Colorado Trout Unlimited.  

Gunnison Gorge, CO Picture from: Unsplash.com

For over half a century, LWCF has used a portion of federal offshore energy revenues — at no cost to taxpayers — to conserve our lands, water, and open spaces and protect the outdoor recreation opportunities they offer. LWCF has invested over $268 million in Colorado, helping to secure access and conserve special places, across the state, including the Gunnison Gorge National Conservation Area, Great Sand Dunes National Park and Preserve and boat launches on the Colorado River.

“We still need to fully fund LWCF and we’ll continue working toward that end, but permanent authorization is an enormous accomplishment for all who have working tirelessly on this issue,” said Scott Willoughby, Colorado Field Coordinator for Trout Unlimited. “In addition to LWCF, there are dozens of bipartisan provisions across the country that will help sustain our public land heritage, including new Wilderness areas, Wild and Scenic River sections and National Conservation Areas. This is one of the most important pieces of public lands legislation in recent memory and we urge the House of Representatives to quickly pass this bill.”

FOR IMMEDIATE RELEASE 

Feb. 12, 2019

Contacts: 

David Nickum, Colorado Trout Unlimited 

303-440-2937 x1 dnickum@tu.org

Scott Willoughby, Trout Unlimited

970-390-3676 swilloughby@tu.org  

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Trout Unlimited is the nation’s oldest and largest coldwater fisheries conservation organization dedicated to conserving, protecting and restoring North America’s trout and salmon and their watersheds. Follow TU on Facebook and Twitter, Instagram and our blog for all the latest information on trout and salmon conservation.

Colorado leaders join bipartisan rally to help save LWCF

LWCFCoalition.org

FOR IMMEDIATE RELEASE: November 29, 2018

CONTACT: Justin Bartolomeo

(202) 789-4365

jbartolomeo@hdmk.org

Bipartisan Conservation Champions Rally to Save LWCF by Year’s End

Washington, D.C. – Land and Water Conservation Fund (LWCF) champions in the House and Senate rallied on the steps of the U.S. Capitol with conservation leaders and outdoor recreation advocates today calling on Congress to reauthorize and fully fund America’s most important conservation and recreation program before the end of the year.

"Two months ago, America lost one of its best conservation tools,” said Lynn Scarlett, Former Deputy Secretary of the Department of Interior and head of External Affairs at The Nature Conservancy. “The Land and Water Conservation Fund helps protect national parks, expand outdoor recreation opportunities and bolster local economies, all at no cost to the American taxpayer. It’s too important to continue leaving its future in doubt. Now more than ever, we have the bipartisan momentum to get LWCF the permanent reauthorization and full funding it deserves. For the protection of our lands, waters and the benefits their conservation bring to communities and our economy, now is the time to save LWCF.”

“Colorado’s beautiful public lands rely on the Land and Water Conservation Fund and Congress needs to ensure it remains in place for years to come,” said Senator Cory Gardner (R-CO). “I’ll continue to work with my colleagues on both sides of the aisle to ensure that we do what is right and permanently reauthorize and fully fund this vital outdoors conservation program.”

“The expiration of a widely popular program like LWCF demonstrates just how broken Washington is. If we don’t want to find ourselves in this exact position again down the road, we must permanently reauthorize LWCF. And if we want to grow our outdoor recreation economy and protect treasured landscapes, we must fully fund it. I’ll keep working across the aisle to find a solution that gives this conservation tool the longevity and funding it deserves,” said Senator Michael Bennet (D-CO).

“Since it was enacted 54 years ago, the Land and Water Conservation Fund has helped protect many of the nation’s most popular national parks, forests, and public lands. It has provided millions of Americans the opportunity to hunt, fish, hike, vacation and enjoy the beauty of nature and our great American landscapes,” said Senator Maria Cantwell (D-WA). “It has pumped billions of dollars into the outdoor economy and provided millions of good jobs.

“Protecting our public lands is good for the environment, it’s good for the economy and it’s good for the health and welfare of our people. Money made available through the Land and Water Conservation Fund is money well spent,” Senator Cantwell added.

“The Land and Water Conservation Fund remains the single most successful conservation program in American history,” said Senator Richard Burr (R-NC). “Nearly every congressional district in the country benefits from its funding – at no cost to the taxpayer – and millions enjoy the parks, ballfields, and landscapes it maintains every day. My colleagues and I will continue to push for a permanent reauthorization of this important program.

About the Land and Water Conservation Fund

The Land and Water Conservation Fund is America’s most important conservation program, responsible for protecting parks, trails, wildlife refuges and recreation areas at the federal, state and local level. For more than 50 years, it has provided critical funding for land and water conservation projects, access to recreation including hunting and fishing, and the continued historic preservation of our nation’s iconic landmarks from coast-to-coast. LWCF does not use any taxpayer dollars – it is funded using a small portion of revenues from offshore oil and gas royalty payments. Outdoor recreation, conservation and historic preservation activities contribute more than $887 billion annually to the U.S. economy, supporting 7.6 million jobs.

About the LWCF Coalition

The LWCF Coalition is comprised of more than 1,000 state and regional conservation and recreation organizations of all sizes, land owners, small businesses, ranchers, sportsmen, veterans, the outdoor recreation industry and conservationists working together to protect America’s public lands and safeguard our shared outdoor heritage for future generations. The Coalition is united in its advocacy for the permanent reauthorization and full funding of the Land and Water Conservation Fund, which will ensure the continued conservation of our national parks, forests, wildlife refuges, wilderness, civil war battlefields, working lands and state and local parks. For more information on LWCF and the places in each state that LWCF funds have protected, visit www.lwcfcoalition.org.

A threat to Colorado's Rivers (and Taxpayers)

A Threat to Colorado’s Rivers (and Taxpayers)

Colorado TU says NO on 74!! 

We rarely get involved with ballot measures, but Amendment 74 poses a fundamental threat to Colorado TU’s mission to conserve, protect and restore coldwater fisheries. The Amendment is risky and extreme.  Under current law, when government takes private property for public use, it must compensate the owner – and that is as it should be.  Amendment 74 would expand that concept so that government (i.e., we the taxpayers) would have to compensate land and property owners when government regulates the use of land or property and thereby cause any perceived diminution of value – even where such regulations are needed to protect their neighbors’ property, our communities, or our environment. 

A wide range of important governmental programs could be attacked under Amendment 74. Possibilities could include:

• Local requirements on construction projects to protect our waterways, such as maintenance of riparian buffer strips and management of stormwater runoff, could provide the basis for a diminution of property argument by a property owner that would require governmental compensation under Amendment 74 – or abandonment of those important protections.

• Since only the Colorado Water Conservation Board can hold instream flows, when such a state-held instream flow right requires another private water right holder to curtail their diversions in order to meet a water “call” for the instream flow, that could be interpreted as a governmental action diminishing the value of private property and require taxpayers to compensate the junior water right holder.

• The Colorado Division of Water Resources is in charge of dam safety inspections; if threats revealed in an inspection led the State to place restrictions on how much water can be safely stored behind a dam, that could lead to Amendment 74 claims since the owner of the water storage right would see their ability to use that right (and thus its value) diminished.

• In the wake of a tragic explosion caused by a flowline leak near Freestone in 2017, the Oil and Gas Commission adopted new flowline safety rules. Because the rules will increase costs for oil and gas production, they could be argued under Amendment 74 to have diminished the value of the underlying mineral rights and taxpayers could be forced to foot the bill.

• Fish health restrictions on the stocking of hatchery-produced fish that are not tested and certified disease-free  could be argued to diminish the value of private hatchery properties and thus result in claims against taxpayers for “takings” under 74.

• Use restrictions placed by local governments (e.g., on placing liquor stores or marijuana dispensaries near schools, or water restrictions applied during drought) could be rendered impossible or prohibitively expensive.

• Even laws incidentally affecting a business’ profitability (such as minimum wage, or work safety regulations) could be argued to impact the market value of the property occupied by the business, and thereby become prohibitively expensive to enforce.

The language of Amendment 74 is very simple – and very sweeping.  It is so broad that virtually any arguable impact upon fair market value of any piece of private property resulting from state or local government action – no matter how reasonable or justified or minimal or incidental or temporary – could trigger a claim for taxpayer compensation to the property owner. Even where a restriction was essential to protecting neighboring property values – such as by preventing placement of a landfill in the middle of a residential area – such governmental action could trigger claims under Amendment 74.

The exact reach of its impacts would undoubtedly be decided in the courts – tying up state and local governments in needless litigation even if some of the filed claims are rejected by the courts. The other key effect of Amendment 74 would be a major chilling effect on any local or state government rules designed to protect our environment, public health, and our communities – as our local governments may simply decide that the risks of expensive claims from private property owners preclude them from implementing the kind of planning and protections that we’ve come to expect from them.

Amendment 74 isn’t a new idea; Oregon passed a similar initiative in 2004. After three years and $4.5 billion in payouts required from local governments, voters there recognized their mistake and repealed the measure. Colorado can learn from their costly mistake and vote “no” the first time.

Colorado TU’s Executive Committee voted unanimously to oppose Amendment 74, and we are joined in that stance by a wide range of stakeholders – from Club 20 to the Colorado Nonprofit Association, from the AFL-CIO to the Denver Metro Chamber of Commerce, from the Colorado Association of Homebuilders to the Colorado Water Congress.

Amendment 74 takes a risky and extreme interpretation of “takings” - and worst of all, it would embed it in our state Constitution where we would be stuck with its intended and unintended consequences, without any ability for the legislature to make adjustments to fix problems created by the measure. 

Colorado Trout Unlimited encourages our members and supporters to vote “NO” on 74.

Download PDF of CTU’s statement

https://coloradopolitics.com/in-response-amendment-74-threatens-colorados-outdoor-traditions/

Funding for Outdoor Recreation in Colorado at Risk

See the full article from CBS 4 Denver featuring Trout Unlimited's Scott Willoughby.

Outdoor recreation is widely recognized as being one of the largest industries in Colorado, providing over 200,000 jobs, $9.7 billion in wages and salaries, and $28 billion in consumer spending. In fact, 71% of the state's residents participate in outdoor recreation alone. (Stats from the Outdoor Industry Association)

Most outdoor recreation occurs on the state's public lands and parks which are funded through various avenues. One of those funding sources comes from the Land and Water Conservation Fund (LWCF), which has set aside and protected special places in Colorado and nationwide for more than 50 years. This fund is not fueled by tax dollars but rather the royalties from offshore oil and gas developments. Unfortunately, the continuation of this fund is set to expire September 30, 2018 unless Congress steps up.

So far, Senators Bennet and Gardner have both been leaders in supporting LWCF – but we need Colorado’s House delegation to also step up so that this successful program isn't lost to Congressional gridlock.

“I am proud to support the permanent reauthorization of the Land and Water Conservation Fund. The funding will help states protect their natural treasures and wildlife for generations to come. This bill not only has an important environmental impact, but it is also important to Colorado’s economy in promoting outdoor recreation.”

— Representative Mike Coffman

CTU and Colorado Wildlife Federation leaders meeting with Representative Mike Coffman.

On August 20, 2018 the Colorado Wildlife Federation and Colorado Trout Unlimited thanked Representative Mike Coffman for supporting the reauthorization of the LWCF at the trailhead of the West Toll Gate Creek Trail in Aurora, a key segment in its trail system that has received substantial support from a federal grant from the LWCF. 

"From trails and parks along the Front Range, to expanding angling and hunting access on the west slope, the Land and Water Conservation Fund has invested millions of dollars into Colorado's great outdoors," said Colorado Trout Unlimited Executive Director David Nickum. "We thank Representative Mike Coffman for supporting reauthorization of LWCF, and urge the rest of our Congressional delegation to join him to ensure that this successful program doesn't expire after September." 

You can read the full press release from the Colorado Wildlife Federation here. 

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