When you think of “water cops,” images of the Coast Guard or State Highway Patrol Water Division may come to mind. In many communities facing drought conditions, an investigator prowling through neighborhoods making note of water restriction violations may come to mind. In Colorado, there is a much different image that likely comes to mind. In Montezuma County, Dave Huhn is the Water Cop, well-versed with the nuances of water law. After consecutive summers of hot and dry weather, farmers are “desperate for water, and more willing to steal it or go to battle over it,” and Huhn is a man much in demand.[1]
In an interview with NPR, Huhn reported that he had nearly 450 calls the first month he was on the job for water cases. His average now is between 60 and 100 calls and most of those calls are for “claims of water theft.”[2] There are a couple of ways that people steal water that he encounters most frequently. The first method takes water from irrigation ditches by inserting a pump. Huhn explains, “Ditches run through people’s properties on an easement, meaning the residents see the water on their land but they have no rights to use it. If they turn that pump on and divert from the ditch without the water rights to do that, it’s a crime.”[3] The second method of water theft occurs when properties share irrigation ditches and one of the properties takes more than they should.
When disputes over water come to the attention of local authorities, people are often told to “hammer out their differences in state water court” and that it is a “civil matter and that no criminal statutes have been broken.”[4] Hugn says that is a common mistake often due to unfamiliarity with the law. He further explains that, “Local law enforcement can issue citations for water violations and can police how people use and abuse the state’s scarce natural resource.”[5]
Water theft is not a crime isolated to Colorado. Many reports have recounted tales of theft in California, as well. As more areas experience water scarcity, these crimes will likely become more common. As succinctly noted by Mike Preston, Dolores Water Conservancy District General Manager, “You get the same demand, less water. And so that heightens the potential for conflict.”[6]
[1]Runyon, Luke. “In A Drying Climate, Colorado’s ‘Water Cop’ Patrols For Water Thieves.” NPR, NPR, 11 Oct. 2018, www.npr.org/2018/10/11/654908677/in-a-drying-climate-colorados-water-cop-patrols-for-water-thieves.
[2] Runyon, Luke. “In A Drying Climate, Colorado’s ‘Water Cop’ Patrols For Water Thieves.” NPR, NPR, 11 Oct. 2018, www.npr.org/2018/10/11/654908677/in-a-drying-climate-colorados-water-cop-patrols-for-water-thieves
[3] Runyon, Luke. “In A Drying Climate, Colorado’s ‘Water Cop’ Patrols For Water Thieves.” NPR, NPR, 11 Oct. 2018, www.npr.org/2018/10/11/654908677/in-a-drying-climate-colorados-water-cop-patrols-for-water-thieves
[4] Runyon, Luke. “In A Drying Climate, Colorado’s ‘Water Cop’ Patrols For Water Thieves.” NPR, NPR, 11 Oct. 2018, www.npr.org/2018/10/11/654908677/in-a-drying-climate-colorados-water-cop-patrols-for-water-thieves
[5] Runyon, Luke. “In A Drying Climate, Colorado’s ‘Water Cop’ Patrols For Water Thieves.” NPR, NPR, 11 Oct. 2018, www.npr.org/2018/10/11/654908677/in-a-drying-climate-colorados-water-cop-patrols-for-water-thieves
[6] Runyon, Luke. “In A Drying Climate, Colorado’s ‘Water Cop’ Patrols For Water Thieves.” NPR, NPR, 11 Oct. 2018, www.npr.org/2018/10/11/654908677/in-a-drying-climate-colorados-water-cop-patrols-for-water-thieves
Photo Credit: Sam Beebe, Flickr