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Colorado lawmakers are worried a new U.S. Forest Service rule could hurt the ski industry.

But forest officials maintain their new interim directive for ski area permits simply aims to ensure that water for snowmaking and other resort activities remains available regardless of ownership changes.

“Our interest is in maintaining the ability to provide ski areas with water into the future and to protect the public’s interest by making sure that communities, often small rural communities, that are linked to ski areas can rely on that into the future,” Jim Pena, acting deputy chief for the national forest system, told the Colorado Independent on Wednesday.

A skier catches air at Powderhorn. (Photo by Casey Day)

Nonetheless, Sens. Mark Udall and Michael Bennet, both Democrats, along with John Barrasso, R-Wyo., and James Risch, R-Idaho, penned a Dec. 1 letter to the Forest Service asking it to suspend a new clause in the permitting process that essentially transfers water rights — potentially worth tens of millions of dollars — after 2004 from joint ownership between ski resorts and the federal government to just the latter.

“Without going into the merits of the water clause itself, it is apparent to us that a careful review of the practical implications of the clause to ski area operations and the changes that would occur under this new clause would prove beneficial to all parties involved,” the letter states.

Sen. Mark Udall

The water wrangling harkens back to the National Forest Ski Area Permit Act of 1986, which originally conceded the water rights to the federal government. Then in 2004, the National Ski Areas Association lobbied the Bush administration to amend the law so resorts obtained a stake in water rights within ski area boundaries.

But when the Forest Service tried to convey water rights under the 2004 joint-ownership policy, its lawyers discovered that state laws wouldn’t allow it.

Thus, after working with the ski industry for nearly a year to clarify the intent of the 2004 joint-ownership clause, the Forest Service recently implemented a new interim directive that federal officials believe clarified ambiguities in its water policy. The directive is only valid for 18 months and, foresters said, it can be modified if there is evidence that demonstrates financial harm to the resorts.

Rep. Scott Tipton

However, U.S. Rep. Scott Tipton, R-Colo., sent Agriculture Secretary Tom Vilsack a letter in October that accused the Forest Service of “unlawfully taking” property from private entities, namely Powderhorn ski area, outside of Grand Junction.

Tipton followed that letter up with another to Forest Service Chief Tom Tidwell on Nov. 29 that called the new water directive “not even handed” and he claimed it could cause economic harm to Powderhorn and job losses in the ski industry.

Glenn Porzak, a National Ski Areas Association lawyer, also testified at a recent House Committee on Natural Resources hearing that the Forest Service action was the equivalent to a “takings.”

“Requiring ski areas to transfer ownership or limit the sale of water rights without compensation is no different than the government forcing a transfer of ownership of gondolas or chairlifts, snowcats, or snowmobiles, or even exercising eminent domain without any compensation,” Porzak said at the hearing. “This issue is larger than just ski areas – it would impact all entities that have water rights associated with any National Forest System lands including cities and counties, owners of recreation residences, marinas and summer resorts, and other businesses such as ranching, mining, or utilities.”

But as water becomes increasingly valuable, foresters say, tying water rights to the land will prevent companies from selling them off, moving on and leaving future ski operators high and dry.

“This is not about us trying to control the water,” Pena said. “We are just trying to ensure the viability of the ski industry over time. That is what this is about; it’s not about taking away rights or assets.”

Scot Kersgaard contributed to this story.

The Colorado Independent

State Sen. Mae Beavers of Mount Juliet and state Rep. Terri Lynn Weaver of Lancaster owe a huge debt of gratitude to a prominent Wilson County man whose furniture and appliance store chain is reportedly under investigation by the state for sales-tax irregularities.

Both lawmakers have received large infusions of cash into their campaign coffers from Albert “A.J.” McCall II, co-owner of D.T. McCall and Sons. The Carthage-based business, according to media reports, has been the focus of a state Department of Revenue investigation, which itself is being reviewed by state and federal law enforcement agencies.

“Mrs. Beavers and Mrs. Weaver have treated Mr. McCall very well,” Tennessee Democratic Party Chairman Chip Forrester said. “They even sponsored legislation to help Mr. McCall out of a bind when he got into trouble inappropriately using an official state logo in newspaper advertisements.

“Both of them refuse to support funding critical infrastructure projects like roads, bridges and schools, but they will use taxpayer money to return a favor for a rich campaign contributor like A.J. McCall.”

The legislation (SB3494/HB3629) the two lawmakers sponsored did not become law, but it would have required the state to develop a new logo and spend taxpayer money managing the use of the logo.

Beavers continued her staunch defense of McCall in today’s (Thursday, Oct. 21) edition of the Lebanon Democrat, a local newspaper. Her quote implied she may seek retribution against a District Attorney who requested that state and federal law enforcement authorities take a closer look at the handling of the sales-tax investigation.

“This is an abuse of power and something that needs to be looked into next year,” Beavers, whose campaign treasurer is A. J. McCall’s wife, told the newspaper.

McCall contributed ,000 to McCall PAC, a political action committee created earlier this year listing him as an officer, according to state records. His father and a co-owner of the store, Albert McCall, contributed ,000 to McCall PAC last month.

Beavers has received at least ,000 from the PAC, and Lt. Gov. Ron Ramsey, who was a Republican gubernatorial candidate during the summer’s Primary elections, received ,500. Weaver, an employee of D.T. McCall and Sons, received ,000 from the PAC last month. Additionally, a political action committee formed by House Republican Caucus Chairman Glen Casada of College Grove dubbed CAS-PAC, received ,500 from McCall PAC.

Numerous other Republican state House and state Senate candidates have received tens of thousands of dollars in political contributions from the PAC and family members of the owners of D.T. McCall and Sons.

Last year, A.J. McCall announced his intention to run for the state Senate seat held by Beavers, who had considered a run for Wilson County mayor. Beavers, however, abandoned her mayoral campaign in March of this year after McCall abandoned his run for the state Senate. McCall sought the state House seat of Rep. Stratton Bone of Lebanon in 2008 but lost handily.

“Mrs. Beavers is right about one thing,” Forrester said. “The actions of her, Mrs. Weaver and Mr. McCall need to be looked into now, not next year.

“Voters should know why an elected official would give more preferential treatment to a rich contributor than an ordinary person who struggles with paying a mortgage, utility bills and tuition for a child’s college education,” he added.

TN Democratic Party News