Officials in the town of Nederland have voted to repeal the 2021 "Rights of Nature Resolution," which stated that communities are not merely property that can be owned but are also entities that have an independent right to exist and flourish.
The town's move to repeal also appears to mean the end of the two "guardian" positions, created and filled in January, that were were intended to help protect Nederland's section of Boulder Creek.
The vote came as the town is considering building a dam.
Clean water advocates argue the "Rights of Nature Resolution" protects local rivers, and they say changing course could be detrimental.
The Colorado Sun editor Lance Benzel joined KUNC's Michael Lyle, Jr. to talk more about the town's plans and why the process was a lengthy one.
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"The town is in water court right now," said Benzel "They're refreshing a long standing application for the right to build a dam on Middle Boulder Creek. The town also wants to take advantage of a conditional water right that allows it to hold a senior right on the creek until a reservoir can be completed. It's held this storage right for years and it's renewed in the past, but it hasn't acted on it. And that might change."
Benzel also discussed why clear water advocates are upset about this after they approved the guardian appointments in early January.
"Nederland board members said they were misled into passing that resolution in 2021 by a group called Save The World's Rivers and its leader Gary Wockner," said Benzel. " That same group filed formal objections in water court to Nederland's plan for this dam for Boulder Creek storage. And the town leaders are feeling like they were set up. They're warning other communities not to get involved with Save The World's Rivers."
Benzel said given Colorado's ongoing water crisis, state wildlife officials are stepping in to address the matter, but the process will not be easy.
"When it comes to water, there’s no guarantee of making things right with everyone," said Benzel. "These are highly disputed issues, and they’re likely to be resolved in the courts, where it will come down to whose rights take precedence."
Benzel also said there will be continued planning around the future of the dam with lots of time to allow the legal process to play out.
"It will certainly be interesting to watch," Benzel said.
