Nothing unites rivals like a common enemy.
Colorado may be notorious for its intrastate water conflicts, but a recent flurry of newspaper articles on the potential for water speculation by Wall Street firms has water managers across the state agreeing on one thing: Private investment in a precious public resource that dictates every aspect of life in the West is too risky to tolerate.
On today’s front page, the Sentinel’s Dennis Webb traced the angst stemming from press coverage of this issue to its primary source: friction between James Eklund, a Grand Valley native and fifth-generation Coloradan, and the Colorado River District.
Eklund should be a familiar name. He is the former director of the Colorado Water Conservation Board. He played a major role in getting the state’s water factions to agree to a state water plan that former Gov. John Hickenlooper called for in 2013. Perhaps more relevant, Eklund served as the state’s representative on the Upper Colorado River Commission during negotiations over a drought contingency plan that saw creation of a special storage account in Lake Powell.
Water conserved under a “demand management” program would be stored in this separate account to ensure adequate delivery of water to Lower Basin states. It’s a hedge against a disastrous “compact call” in which Upper Basin water uses could be curtailed to meet delivery obligations of the 1922 interstate compact.
Eklund has since moved to private practice as a Denver-based water attorney. Among his clients is Water Asset Management, a New York investment firm that has spent more than $16 million buying more than 2,000 acres of irrigated farmland in the Grand Valley.
Naturally, the Colorado River District is suspicious about WAM’s intentions — even though Colorado has some of the toughest anti-speculation laws in the nation. While individual landowners own water rights, they must put water to “beneficial use,” which doesn’t include selling water for profit.
Still, “buy and dry” scenarios — in which water is converted from one beneficial use (agriculture) to another (municipal taps) illustrate the ongoing battle against the commoditization of water.
The Colorado River District’s executive director, Andy Mueller, has openly speculated that Eklund is behind a media campaign “to discuss the virtue of free markets and water markets” in the western United States.
More troubling is the district’s assertion that Eklund is trying to help WAM take advantage of a potential drought mitigation tool he helped set up — the storage account in Lake Powell — by lobbying for private accounts within that pool.
That would grease the skids for marketing water from the Upper Basin (where the water is) to the Lower Basin (where the money is).
Eklund met with the Sentinel’s editorial board on Jan. 22. With every right to be indignant about assertions he labeled as “flat-out false,” Eklund struck a conciliatory tone.
“I’m leading with empathy here,” he said. “I share the anxiety of private investment in Colorado water. I understand it.”
Much of Webb’s reporting recounts the series of events that led to the imbroglio, but it’s also offers Eklund an opportunity to defend himself. He wouldn’t push for private accounts in Lake Powell, he said, because it violates the “Law of the River” and undermines the benefit of the bargain Colorado got when it joined the 1922 compact.
Nor would he represent a client bent on profiteering, he said.
In contrast, Eklund said, WAM hasn’t done anything but invest in improvements on agricultural land — boosting efficiency, sequestering carbon in soils and keeping land in production.
“I care too much about my family (his parents operate a ranch in the Plateau Valley), the Western Slope and Colorado agriculture to advise anyone that would cause harm.”
As Eklund noted, for all the district’s concerns, there’s not much separating their views. “They want the Western Slope to control the Western Slope’s destiny and I completely agree with that,” he said.
Eklund will be judged on whether WAM deviates from its current course. In the meantime, the silver lining in this all of this mistrust is that it has brought into sharp focus the need to protect water.
There are all kinds of doomsday scenarios at our doorstep. If we hope to continue life in western Colorado as we know it, we need to fight any changes to the law and work like hell to prevent a call on the river.