Let someone else provide cheap water

This letter is to express our grave concerns with the application process for the Nestlé Waters extraction, pipeline and transportation project proposed for Chaffee County.

For the last ten years, we have owned a major commercial and residential building in downtown Salida. Five years ago, we sold a successful business in Denver, rehabilitated the second story of our building and became full time residents in Salida’s Historic District. In addition to making the largest financial investment of our lives in Salida, we have both become active in community and volunteer affairs here.

We chose Chaffee County for its natural beauty, the lifestyle of its small communities and the fact that up until now, it had not been trampled on or otherwise spoiled by excessive growth, conspicuous consumer consumption or other hazards of a throwaway society. That vision is now being clouded by an ill-conceived attempt to extract precious, finite resources and trade them for one-time benefits for a few local property owners and a lifetime earnings stream for a multinational corporation.

And what do the citizens of Chaffee County gain from the Nestlé Waters project?

At best: some construction jobs lasting a few months, and an endless stream of unenforceable, qualified hopes from Nestle to be “a good neighbor”. Are we that desperate for economic development to clutch at that straw?

Suppose the more likely (short) straw is drawn – one that has been repeated in countless other communities across our country when Nestle comes to town. Promises of financial salvation, then extracting what they want (with no ongoing fees), leaving only tokens of gratitude, while they peddle their product for high profits elsewhere.

I have reviewed the County’s 1041 Permit documents and find that virtually NONE of the purposes cited in the Guidelines and Regulations are satisfied by the Nestlé Waters project. To the contrary, Nestlé Waters represents a clear threat to item g) “to protect the beauty of the landscape and the rural character of the County, to enhance recreational opportunities for residents and visitors, to preserve important archeological and historic sites and significant wildlife habitat, to protect air and water quality, and to conserve soil, water and forestry resources”.

The County’s own consultant, Delia G. Malone, Ecologist with Colorado Natural Heritage Program has submitted a thorough examination of the impact on Chaffee County natural resources. Her findings raise numerous concerns about impacts to wetlands, the hydrosphere, local birds, and animals. Yet, this document has not been made public on the County web site. Since that report, it appears that there has been a volley of rebuttals from both applicant and opponent teams, yet again, none of this made public. What are we trying to hide here?

Further, Application Review Memoranda from Chaffee County Staff cite numerous findings where the applicant’s claims have been found to NOT meet stated Standards (Sect. 3-303) for granting the Special Land Use Permit (SLUP). Despite having been involved in the process here for some time, and also having been through similar applications elsewhere, Nestle is woefully lacking in providing timely and complete documentation. The burden of proof is on them.

Subsequent rebuttal letters from Nestlé’s Denver attorney continue the pattern of denial and delay. Such aggressive countering to reasonable needs for information is aggravated by a particularly condescending stance. To whit: that Nestle should be granted “evergreen” permit renewals, without re-application or qualification as long as Nestlé does not commit any grievous acts that they don’t promptly remedy.

Nestlé and their agents ignore that this is NOT a use by right and is instead a special land use privilege. As such, it should be granted only upon proof of compliance with not only the letter but the spirit of all the regulations set forth in the 1041 and County Comprehensive Plan. These are designed to protect the rights, health and welfare of Chaffee County citizens, whom the Commissioners are elected to represent.

If Nestlé’s application is incomplete, or fails to meet ALL applicable standards or questions on impact to vital natural resources are not fully answered with sound scientific evidence, the finding of the Commissioners must be to first uphold their responsibility “do no harm” and thus, deny the permit.

Finally, on a more personal note, I am one of the many Chaffee County taxpayers who commutes long distances twice every week, outside of the County in order to make a living not possible here. This is the only way to support our investment in real property and chosen lifestyle. While US24/285 Trout Creek Pass may seem like an idyllic commute, it is getting busier all the time, both summer and winter. There has been a noticeable increase in motor homes, cars pulling trailers, campers and other over-long vehicles in all but the shoulder seasons.

You can claim that “carrying capacity of this highway may or may not be impacted significantly”, but no one has addressed that yet. What’s another 25 tanker trucks running in each direction, 365 days a year? Well, if you’re sitting behind one of those (which I surely will every week on my trips to Denver) or facing an oncoming one, with little or no room to pass, just try to imagine the frustration that Chaffee County residents and visitors will forever face.

Trout Creek Pass is deceptively dangerous, even in clear weather. The deer and other animals that routinely cross both lanes at the top of the Pass and just before you cross the river at Johnson Village add another hazard, creating accidents just waiting to happen. How many rolled tankers, diesel spills and highway closures will it take before realizing that adding more heavy trucks to this area is a bad idea?

We ask that the County Commissioners put the safety and well being of its citizens first. Based on clear impacts to natural resources, the Nestlé Waters project, which hardly stands on economic merits, let alone environmental ones, makes no sense at all.

Remember, this is far more than just private property rights – it impacts not only the residents of Chaffee County but negatively affects a wide ecosystem. Removing water from our County, augmenting/replacing it with water bought from another municipality, which in turn depletes a Western Slope source, is nothing more than a shell game. The zero sum result is that water enough to serve 2,000 households will leave our Valley, never to return. Should that water better be used for ensuring our foodshed through local agriculture?

Take a lesson from other commissioners and municipalities across the nation who are now ruing their support of Nestlé. Let someone else, only half as smart, provide Nestlé with cheap water. We don’t need or want them at all.

Note: This letter was sent to Chaffee County Commissioners.