NSAA SUES FOREST SERVICE OVER WATER RULE
The National Ski Areas Association (NSAA) has sued the U.S. Forest Service (USFS) to challenge a new water rights clause that NSAA terms "an unconstitutional taking of property." That clause, enacted by the USFS in November 2011, requires ski areas operating on Forest Service land to transfer ownership of many water rights to the U.S. government, including water rights that have been purchased or developed by ski areas entirely on private or non-federal land, for business operations. Three ski areas have already had the new terms written into their special use permits: Powderhorn, Colo., Alpine Meadows, Calif., and Stevens Pass, Wash.

The latest water rights clause changes a 2004 agreement reached between the Forest Service and the ski industry and conflicts with the 150-year-old system of state allocation and administration of water rights.

The Forest Service says that the change is intended to keep water resources that originate on National Forest land tied to the land, to ensure that water rights developed for ski area use remain with the ski area, should the original or current owner of those rights sell the area and attempt to use the water rights for other purposes. And the current clause retains a provision in the 2004 rule for joint ownership of water rights to divert and use water on the permitted area. Jim Pena, acting chief deputy for the Forest Service, said the clause is not yet final, and has pledged to work with permittees to ensure that the water rights of both resorts and the Forest Service are protected.

But that’s not how NSAA president Michael Berry views the changes. "We have no guarantee that they will continue to use the water for purposes of ski area business," he said. "The government could decide to use the water and apply it to other uses or even sell it.”

Unless there’s a resolution soon, the issue could wind up before a jury this summer.

SKIING AND DRINKING IN ASPEN
Last Month, the Cloud Nine Alpine Bistro, a popular mid-mountain restaurant at Aspen Highlands, took steps to reduce the ranks of inebriated sliders. The restaurant stopped serving hard liquor at lunch, and instituted a three-drink maximum for beer and wine, applying Colorado’s guidelines for operating a motor vehicle to downhillers.

The policy is designed to reduce the number of those who need to be escorted down the mountain on a snowmobile, or worse yet, try to ski down while under the influence. Cloud Nine had become famous for three-hour lunches, a bacchanalian atmosphere, and copious amounts of Obstler Schnapps shots. As far as is known, no one ever been seriously injured as a result of their tippling at the bistro, but Aspen officials decided not to wait for that.

Still, Aspen is far from dry. As if to reinforce that idea, over on Ajax, The Little Nell launched “The Oasis” on Aspen Mountain, a mobile, Veuve Clicquot-branded champagne bar, in late February. The mobile bar will set up in frequently-changing secret locations through March, and provide umbrellas, lounge chairs, a solar-powered sound system and other luxuries in addition to flutes of champagne. For clues to The Oasis’ location, guests can follow The Little Nell on Twitter or Facebook. Talk about your social drinking.

WILL THE HAYSTACK CLUB COME TO PASS?
Jim Barnes, owner of the Hermitage Inn, is making progress in his effort to revive the Haystack Club, combining operations of the defunct ski area and golf course with the Inn’s hiking and cross-country ski trails, mountain biking, tubing, snowmobiling, ice-skating and fly-fishing to offer members a variety of year-round activities. There are even plans for an indoor/outdoor water park.

The overall club plan is based on a previous effort to establish a private club at Haystack six years ago; his purchase included the earlier group’s architectural designs and marketing materials. Barnes hopes to sell 1,500 memberships, including 450 to vacation homebuyers, who can choose from a range of properties, from 1,000 square-foot hotel suites to 3,200-square-foot townhomes. Buildout for the homes is expected to take five to 15 years. One key change: memberships are reportedly expected to start at $20,000 for the first 100 to take the plunge, much less than the $85,000 that the initial Club planned in 2006, with annual fees of nearly $5,000.

This latest Club plan is drawing interest; nearly 3,000 people attended a grand opening festival in late January. Barnes also hopes to tap the EB-5 visa program that provided $250 million in foreign investment at Jay Peak. The visa program grants permanent residency to foreign nationals (and their families) who invest a minimum of $500,000 in qualifying development projects.

GOGGLES: THE LATEST PERSONAL VIEW SCREEN
Remember when the cool new goggle feature was fog-free lenses? How 20th century. At the SIA Snow Show in January, goggles with built-in videocams were among the most buzzworthy innovations. And they actually have advantages: while a helmet cam might be pointed to the ski without the wearer being aware of that, a gogglecam sees what you see.

But that’s so, well, last month. The latest goggle innovations integrate GPS and in-lens data displays. Some of these models allow the wearer to monitor current speed, altitude, heart rate, and other live stats. Others allow for access to smartphones. Recon Instruments has launched software for suppliers to add these capabilities to their designs, and Zeal Optics is among the handful of suppliers that are building smartgoggles.

At some point, having all this data in view might distract the goggle wearer from the slope and the surroundings that goggles are supposed to help see. Or are we just being old-fashioned? Perhaps vision really is just a crutch.

AND YOU THOUGHT YOU HAVE EMPLOYEE ISSUES
Lee Mulcahy is one unhappy former employee. The once-popular Aspen ski teacher was axed a year ago for what Aspen Skiing Company says were various violations of company policies. Mulcahy says the alleged violations were bogus, and that he was really fired for publicly criticizing SkiCo, speaking out against company policies, such as low pay for rookie instructors, and especially for trying to establish a union for ski school employees. After SkiCo CEO Mike Kaplan aired the company’s position in letters to the editor in the Aspen papers—Mulcahy’s issues with SkiCo have been part of the local news for years—Mulcahy sued him for libel.

But that’s just the most recent fallout. Earlier, Mulcahy claimed that the company had violated federal labor law. That led to an investigation by the National Labor Relations Board and an eventual SkiCo settlement that led to minor changes in company policies and the employee handbook. Mulcahy’s accusation of wrongful termination was dismissed.

RESORTS PACK ASTM TASK FORCE MEETING
Resort attendance at the ASTM terrain park task group meeting in Denver Jan. 24 created the biggest turnout for an ASTM F27 Snow Skiing committee session in decades. The meeting itself was almost anti-climactic once engineer and U.S. Terrain Park Council principal Dr. James MacNeil acknowledged that jumpers themselves, and not jump design, are the source of 90 percent of terrain park jumping injuries. The task group asked for input from park builders and designers, and several spoke out. And they will have plenty more opportunity to do so, as the ASTM process will likely take several years, and ASTM encourages their participation (see page 12 for more on that).

INDOOR SKIING AND RIDING, BIG AND SMALL
With the long-awaited indoor ski facility at the Meadowlands Xanadu project once again in limbo as the new ownership group, Triple Five, takes control, a small indoor park in Michigan might be a better model for others to follow. The aptly-named Misfit Lab Skate and Snow Park in Fenton has added an artificial-surface, 2,300-square-foot slope with jibs. The Lab also provides a foam pit and trampoline area for riders to practice in a low-consequences setting, and instruction is available.

As for the Meadowlands project, with its 186,000-square-foot indoor ski center? It has been renamed American Dream Meadowlands. Triple Five is busily improving aesthetics and seeking to add, among other things, an amusement park, ice rink and water park (at a rumored cost of another $2 billion or so). With the 2014 Super Bowl coming to the site—the MetLife stadium is adjacent to the Dream—there will likely be plenty of community and political pressure to bring the Dream to life by January 2014.

HAPPY BIRTHDAY
Emile Allais, one of the true pioneers of skiing in the 1930s, turned 100 in February. He won all three Alpine events at the 1937 Chamonix World Championships, created new skiing techniques, designed several top French resorts and invented the first metal-edged skis and aerodynamic ski pants.