Roosevelt water request is denied

After two years of study, state water engineer Jerry Olds has rejected Roosevelt's request to change the diversion of its water rights from the Durigan Springs into Hayden Wells.

More than 100 property owners in the Neola area are cheering the ruling, while city officials are calling it a "slap in the face" for all municipalities that must stockpile water rights as they try to plan for growth.

"I think this is a setback for municipalities throughout the state. We are going to oppose his position," said Roosevelt Mayor Russell Cowan. "It strikes against good public policy because it strikes against what our community needs as it continues to grow."

According to Cowan, the city is prepared to appeal Olds' ruling as far as necessary. "We are not going to roll over and play dead," he said.

The city asked to be allowed to take a portion of its certified water rights from the Hayden field and transfer them or change the point of diversion to the Durigan field near Neola. This would allow it to produce an old irrigation well that would have "provided a substantial amount of drinking water," said city administrator Brad Hancock.

The city's Hayden Wells and Durigan Springs are both east of Neola.

According to city officials, projected growth in population propelled by the flourishing energy industry has prompted an urgent need for an additional long-term supply of culinary water.

The state water engineer wrote that he was rejecting the city's application because it constituted "an expansion of their water rights." Olds said his decision may be revisited in the future "as deemed necessary." His decision also indicated that Roosevelt's ability to divert the water from the Durigan site "may have been lost through non-use."

The water rights forfeiture law, written several years ago, states that if you do not use your water rights within five consecutive years you lose your water rights. However, Hancock said this is the first time to his knowledge that the doctrine has been used against a municipality.

"When it went into effect everyone said that cannot apply to municipalities or what cities are banking on for future (water) reserves would be lost," said Hancock.

Roosevelt city leaders signed an agreement last year with Montwell/Cedarview officials to provide culinary water to the neighboring communities that have no other means of obtaining it now that private wells throughout the area have gone bad.