Garfield County presses for water-storage fixes after Tropic Reservoir dispute; Hatchedown change application filed
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Summary
Commissioners reported resident frustration over a 10% release condition tied to Otter Creek and said they will press to renew a decades-old agreement; county also announced a formal application to change Hatchedown Dam water rights from flow to storage and plans to meet state officials about next steps.
Commissioners at the Garfield County Commission meeting described escalating local concern about water-storage limits tied to Tropic Reservoir and Otter Creek Water Company, and announced a formal filing seeking to change storage rights at Hatchedown Dam.
The commission’s board report noted a recent public meeting where residents raised concerns about a state engineer requirement that would force a 10% release if the county stores water higher in Otter Creek — a condition officials said is blocking renewal of a longstanding, informal “napkin” agreement. “If they could just renew that agreement, convince Otter Creek to do it, then, it would be better,” one commissioner said during remarks summarizing the public meeting. Commissioners said roughly 30–40 residents attended and voiced frustration about perceived unequal treatment by neighboring users.
Separately, the commission announced that a formal change-of-use application for Hatchedown Dam has been filed. According to county remarks, the application would convert rights affecting 32 canal companies and would capture roughly six weeks of water by changing use from flow to storage. The chair said the legal theory mirrors actions taken in 1957 — including an earlier Supreme Court matter the county described in its remarks — and that county counsel and a hydrologist are working the filing. The chair said he planned to meet with the governor and pursue legal evidence if necessary: “You might say that, Teresa, but show us in court,” the chair said on the record.
County staff and commissioners said they will coordinate with state officials and local water stakeholders to explore options for renewing the older agreement and for securing permits tied to dam gates and hydraulic controls. There was no formal board action recorded to change county policy; the meeting did include a later executive session called for litigation and legal strategy.
The commission also discussed related water infrastructure updates in the county, including delayed delivery of hydraulic controls for Pangwich Lake Dam and progress on dam structure work. Commissioners emphasized they want technical and legal clarity from the state engineer before relinquishing long-standing local arrangements.
Next steps the commission described include further meetings with state water officials and legal counsel and continued public updates as the Hatchedown application proceeds.