The Problem

The water rights issues are legally very complicated, however we are obligated to find the best solution within the bounds of the law, that is the fair, equitable and beneficial to the citizens of our county.

The unusual situation we have in the Mountain Lake watershed was pointed out by the referee in the 1972 adjudication: that the most senior water right exceeds the average recharge of the lake. The first class right was issued for hydroelectric use, which while considered a beneficial use, although inferior to domestic use. The historic water laws rely on the “first in time, first in line” principal. The situation often arises in this state, that generous water rights have been issued without careful analysis of a watershed, only to discover later that rights issued far exceed the water actually available.

Doe Bay Water Users Assn. (DBWUA) has the lowest class water rights in the Mountain Lake and Cascade Lake watersheds, rendering the residents of Doe Bay the most vulnerable in a drought. If the current state wide drought¹ were to persist, or get worse, the residents of Doe Bay would end up running out of water while Rosario would have clear financial and strategic incentives to run their hydroelectric generator in the summer for heating and light. The “use it or lose it” laws often appear to create a disincentive to conservation while amplifying the legal class distinctions between the water right holders.

The records of the water levels in Mountain Lake show that it is not capable of supporting a draw of 6 ft. per year, even during years of average rainfall. The rate of drop of the water level in 1993/1994 when it was not raining indicate that water was being discharged at roughly 580 acre ft./year. The net result during the 1993/1994 rainy season was the level of Mountain Lake dropped by more than one ft. Had the entire Rosario right of 1204 acre ft. been withdrawn, the level would have dropped by more than an additional 3 ft.