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/

Would you like to make that a combo?

Streamers are a large type of fly that are often used to catch large trout and aggressive fish like pike or bass.

NPS Photo / Forrest Czarnecki

Hopper, copper, dropper. Leave it to fly fishers to have easy to remember sayings about rigging up their line. Using a multi fly rig is just one way to mix up your setup and entice those hard to catch trout. The multi fly concept is not new as British flyfishers in the 1800s would strap on 10 flies at once! The trick is to master attaching your dropper line to the bend of the first fly’s hook and then you’re on your way to create all different kinds of combos. You might even catch two fish at once!

Below are just a few of possible fly combinations to help you get started:

Pro-tip: You can even tie your combos together before heading out to make switching out your rigs quick and easy.

Pink Hendrickson Parachute dry fly. Wikipedia Commons.

• 2 Dry Flies - Commonly used for increasing chances of catching when you know which fly the fish are going for. You can even use this to try out two different flies to see which one the fish prefer and then adjust after. Your options are endless. This is also an opportunity to use a larger fly as your floater/indicator and your smaller fly for the strikes. Sometimes, the fish will go for both!

• Hopper Dropper (A favorite late summer rig): This setup is exactly what the name describes, a grasshopper/large floating fly, and a trailing nymph dancing in the water below. This is definitely a way to increase your chances of a strike. The hopper acts as an indicator (or a huge meal for that desperate trout) and the nymph is the safer more appealing option that the fish will usually go for.

• Dual Streamers (A Fall Classic): The fish are hungry and aggressive during the fall and this rig is sure to entice. You will want to “rope-up” and use heavier tippet to avoid breakage and land the fish quickly.

• Two Nymphs: Help control your depth and try a two nymph rig. This follows a similar strategy with the dual dry flies.

• A Streamer and a Nymph (A still water favorite): The larger streamer is most enticing to any fish and the small nymph floating by is a hard one to pass up. This is a less commonly used combo, but can yield some great results year round.

Resources & Learn More

How to tie and fish tandem rigs

Top 5 tandem rigs

Tie the hopper dropper

Behind the Fin with Reid Baker

Join us “behind the fin” with Reid Baker, Vice President of Denver Trout Unlimited Chapter

How long have you been a TU member?

Since 2006.

Why did you become a member and what chapter are you involved with?    

Though I've been a member since 2006 I really became more active in 2014. I had been a full time fly fishing guide and realized that I had made a living off of these resources, and rather than simply taking it was time to give back in a more substantial way. That was the year I became a board member of the Denver Chapter.  

What made you want to be involved with TU?

I think what draws me to DTU most is because our projects benefit not only anglers, but Denver as a whole. Whether you like to fish, SUP, kayak, bike along the path, or enjoy one of the many riverside parks we've been involved with, we've tried to improve our city through its river. 

What is your favorite activity or project you have done with TU?

I have competed as a pro, amateur and am currently the Operations Manager for the Denver Trout Unlimited Carp Slam (www.carpslam.org) fishing tournament. For 12 consecutive years, DTU has put on "The Slam" to raise proceeds for the Denver South Platte River (DSP). 15 Pro/Am teams fish for most total inches of carp on the fly in a single day. It has been an awesome event to be a part of and I've met some of the most talented anglers in the region through this event. More importantly though, I've seen a lot of good go back into the DSP to make our home river better.

I know you won’t tell me your favorite spot, but what is your second favorite place to fish or favorite fishing story? 

At this point I'm pretty content anytime I get to float with friends or family and watch them catch fish. That's not an open invite to anyone reading this... haha... but I get more enjoyment at this point watching other people do the catching. Plus from a rower's seat I get to heckle. 

What does being a part of TU mean to you? 

Being a part of TU means being a part of a great local community of conservationists. Conservationists who happen to fly fish. 

What else do you do in your spare time or work?

I try to travel as much as I can... usually with a fly rod in my hand. I've been fortunate to fish in some amazing places and meet more amazing people. I also recently got a smoker and working on perfecting my brisket-- got a long way to go before I enter any competitions. 

The Thompson Divide: Standing at the Summit

Photo: Trout Unlimited www.tu.org

Excerpt from Aspen Times, read the full article here.

By Scott Willoughby

In a landlocked rise of rock and ice, Thompson Divide flows like a vein of Colorado gold. This vast sweep of lustrous aspen groves and lush conifer forests surrounded by the iconic sentinel of Mount Sopris, the towering Elk Mountains, rugged Ragged Wilderness and verdant Grand Mesa is flanked by open, grassy meadows and cool, clean trout streams offering a treasure of precious, wild habitat. The 221,000-acre backcountry expanse serves as one of the most pristine natural environments in the West, and among the most deserving of preservation.

Described as a "Colorado Crown Jewel" by Gov. John Hickenlooper himself, the rolling, mid-elevation backcountry is home to a rare combination of natural and recreational resources in the heart one the nation's most popular outdoor playgrounds. Because it supports recreation, ranching and other local industries, the Thompson Divide produces an estimated 300 jobs and pumps more than $30 million into the local economy, much of it during the fall harvest and hunting seasons when the hillsides bustle with life.

Critical keystone habitat supports some of the state's largest herds of Rocky Mountain elk, mule deer and dozens of other species benefiting from one of the densest concentrations of roadless areas in the West. Native cutthroat trout line the vital cold water streams and ponds that continue to serve as a water source for the husky bruins once hunted by conservation champion President Theodore Roosevelt more than 100 years ago.

A new chapter was added to this storied landscape recently when a coalition of local government officials, businesses, ranchers, sportsmen and citizen groups successfully orchestrated the cancellation of 25 oil and gas drilling leases improperly issued in the early 2000s within Thompson Divide's boundaries and settled a lawsuit challenging the cancellation last summer. The leases covered more than 21,000 acres (about 33 square miles), featuring prime big game habitat and native cutthroat trout streams in watersheds providing source water to the Crystal and Roaring Fork rivers, as well as local communities.

But the battle is far from won. Keep reading.

Can’t access the full article, try on Trout Unlimited.