NSAA plans to sue U.S. Forest Service over new water-rights clause in permit
The 121-resort National Ski Areas Association (NSAA) is planning to sue the U.S. Forest Service over the new water-rights clause introduced in the ski-permit.
The clause strips the ski resort operator of the water-rights on federal land and places them in the hands of the federal government.
The ski industry is strongly objecting to the new clause as it will no longer have control over the water that originates from the federal land. The federal government will have full autonomy to put the water to whatever use they wish, a right that has led
to a high degree of uncertainty for the ski industry as they rely heavily on water for snowmaking and base area developments.
"We have no guarantee that they will continue to use the water for purposes of ski area business," said Michael Berry, president of the NSAA. "The government could decide to use the water and apply it to other uses or even sell it to urban water systems.
Berry further stated that the water-rights served as an important part of the balance sheet of a ski resort after being acquired in the marketplace.
The U.S. Forest Service, on the other hand, is of the opinion that the new clause has been added to the ski-permit with the purpose of ensuring that the resources from the federal land do not get severed.
The acting chief of U.S. Forest Service Jim Pena said that three new operator permits with the new clause have already been issued in Colorado, Washington and California without facing any problems.
The ski resort operators in Western states spend millions of dollars to acquire water-rights from the states in open market. With the new clause handing the water-rights over to the federal government, the ski industry is accusing the Forest Service of unlawfully
taking their property from them.
The ski industry and a group of legislators, which included Colorado Democratic Senators Mark Udall and Michael, as well as Western Republican Senators John Barrasso and James Risch, urged Forest Service to delay the implementation of the controversial law
earlier this month, but it turned out to be in vain.
As a last resort, the ski resort operators plan on taking the matter into the court, suing the Forest Service for introducing what is being termed as a controversial clause in the permit.
Pena, however, stated that the clause has been issued as an interim directive and can be adjusted to work for everybody through talks between Forest Service and permit holders before it gets finalised in 18 months.
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