Wednesday, June 21, 2006

Clinton for president? Swords Crossed: "In a new CNN poll that ranked potential Republican and Democratic presidential candidates for 2008, Hillary Clinton receives a decidedly negative assessment by the nation." "2008 pres" 6:38:54 PM

Tim Berners-Lee: This is serious [Net Neutrality] Tim Berners-Lee weighs in on Internet Neutrality. He has the Real video up on the website and promises Mpegs. He is the one person on the planet that can write, "When I invented the Web," and not be full of bluster. He mentions the kingpin of the debate for me - interoperability. Right now the ISPs must maintain interoperability as part of their offerings. "2008 pres" 6:31:41 PM

Marc Holtzman is still petitioning the activist judges in Colorado and Bob Beauprez still thinks that Mr. Holtzman should drop out, according to the Denver Post. The more things change ... From the article, "Republican gubernatorial hopeful Marc Holtzman filed an emergency motion with the Colorado Supreme Court on Tuesday, requesting his name remain on the primary ballot until the court rules on his appeal. Holtzman's legal team also asked the court to reverse Denver District Court Judge Robert S. Hyatt, who ruled last week that Holtzman needed 1,500 signatures from each of the state's seven congressional districts to make the Aug. 8 primary ballot. Bob Beauprez, the only official Republican candidate for governor, filed a written opposition to Holtzman's request." "denver 2006" 6:22:28 AM

StormCon in Denver Storm water experts (including Denver's own Public Works hands) will be howling in Denver in July for StormCon, according to Market Wire. From the article, "Where does water pollution start? Look no farther than your own driveway. Wherever rain falls it washes pollutants such as heavy metals, oil drips, lawn fertilizer, and pesticides into storm drains and to the nearest body of water. Public works officials, engineers, and construction and industry professionals will find solutions to stormwater pollution at StormCon, the world's largest stormwater conference, July 24-July 27, 2006, at the Adam's Mark Hotel in Denver, CO... "StormCon features the largest trade show of its kind with 190 purveyors of stormwater-related equipment, technology, and services. Catherine A. Leslie, executive director of Engineers Without Borders (EWB), will deliver the keynote address on Tuesday, July 25, 2006, from 8 a.m. to 9 a.m. in the Adam's Mark Grand Ballroom, second floor. Leslie, a professional engineer, will discuss some of the 114 projects EWB has launched in 36 countries -- most of them water-related -- since its founding in 2000, and will address how engineers can be agents of change in the face of looming global problems. The keynote session is free and open to the public." "colorado water" 6:11:44 AM

Elephant Rock Dam Colorado Springs may try to build the Elephant Rock Dam if other plans to supply the growing city with water fall through, according to the Mountain Mail. From the article, "A new water court application from Colorado Springs Utilities renews the possibility of a dam on the Arkansas River, Chaffee County Commissioners learned Monday. Colorado Springs engineer Brett Gracely spoke to commissioners during their work session Monday. Gracely said the project north of Buena Vista known as Elephant Rock Dam or Mt Princeton Dam remains a backup plan if other options for delivering water to the growing population of Colorado Springs fall through. 'It's a backup plan if all else fails,' Gracely told commissioners. 'It's a last resort.' The idea for Elephant Rock Dam, about three miles north of Buena Vista, or Mt. Princeton Dam, near the confluence of Pine Creek with the Arkansas River about 12 miles north of Buena Vista, first surfaced in a 1990 water court application. With that application still pending, Colorado Springs filed another in December involving leasing agricultural water that named Elephant Rock or Mt. Princeton dam as storage spots... "Gracely stressed the two dams aren't first options of the Front Range city to meet water demand. The applications will be abandoned if primary options are approved, he said. The primary options include the 'southern delivery system' and the 'preferred storage option plan.'" "colorado water" 6:02:54 AM

Just buying a fight The Sterling Journal-Advocate caught up with Don Ament and asked him about water issues in Colorado. From the article, "The intensifying drought and increased competition for water has created what Colorado Agriculture Commissioner Don Ament sees as a disturbing trend in the state's agriculture community, especially along the South Platte River. 'It's more about our heritage and value system than it is about water,' said Ament, a Sterling native who headed the agriculture department for all eight years of the Bill Owens administration. 'It's always been a cooperative effort in all of agriculture to work together,' he said. 'Now what you are seeing is protectionism - looking out for yourself at all costs.' Ament makes no bones about his disappointment that city of Sterling joined four other entities in objecting to an agreement that would have allowed about 200 vegetable farmers, mostly in Weld and Adams Counties, to continue pumping their irrigation wells this spring. About 450 wells were ordered shut down last month... "The irrigation wells shut down last month are in addition to the 800 to 900 South Platte wells that have been idled in the wake of a 2001 Colorado Supreme Court decision that the State Engineer's office did not have the authority to approve substitute water supply plans. The decision forced the demise Fort Morgan-based Groundwater Appropriators of the South Platte, which had leased augmentation water for about 3,000 wells. A 2002 bill in the Colorado Legislature gave the former GASP wells three more years to find replacement water for their depletions to the river. Ament blamed expensive lawyers for contributing to the problem. 'If you go up the river to every damn ditch that's out there and there's millions being put into litigation accounts,' Ament said. 'What is that buying us but a fight? There's no more damn water in the reservoir and we are getting along worse then we every have in the history of the South Platte.'[...] "On the positive side, Ament said the last legislative session was good for Colorado agriculture. He noted at least five areas where the rural economy would benefit from measures approved by the 2006 General Assembly. Restoring $500,000 to conservation districts. The money will be used to match federal dollars that will 'help put on the ground management practices that will conserve soil and water,' Ament said. Allowing numerous inspection fees to sunset, which means the general fund will pick up an estimated $2 million worth of expenditures which had been assessed to the producers. The total includes about $400,000 that had been assessed to the state Board of Livestock Inspection. Appropriating $500,000 to a grant program aimed at adding value to raw agriculture products, such as those used to make motor oil or bio-diesel. Ament said the program has had little to no funding since at least 2002. Baling out the State Fair by paying off about $4 million in debts. Ament said by paying off the debt, the Events Center should become a profit-making enterprise that will help defray the costs of programs that showcase agriculture. Bringing private pesticide applicators under the regulation of the state Department of Agriculture rather than the U.S. Environmental Protection Agency. Ament said the program will be more efficient and cost effective because the governance will be closer to home." "colorado water" 5:55:17 AM

Signifcant nexus instruction from supremes The Rocky Mountain News editorial staff weighs in on the U.S. Supreme Court's decision that, according to the Rocky editors, "concluded that the Clean Water Act does not give the government a blank check to declare private property 'wetlands' just because the parcel in question happens to be located in the same time zone of a river or stream." From the article, "A sharply divided court (4-1-4) ruled that before the U.S. Army Corps of Engineers defines landlocked property to be wetlands, it needs to show that a 'significant nexus' exists between the land and the water sources it presumably services. The Clean Water Act prohibits the discharge of pollutants in the 'navigable waters of the United States.' The law also regulates wetlands, which not only provide wildlife habitat, but also perform essential filtering and drainage functions. By a broad definition employed by federal regulators - the source of the lawsuits that were decided Monday - 100 million acres of U.S. territory may be considered wetlands, or half again the area of Colorado. Even so, only half of that is under water for 14 days or more a year, which is one environmentally defensible way to define wetlands. Monday's ruling could close a troubling gap in the law, which now declares off limits millions of acres of land that is often neither navigable, environmentally sensitive, nor wet. By heeding the court's instructions, the Corps could protect water quality without trampling property rights. The two cases originated in Michigan, where separate property owners sought to develop vacant land that the Corps considered wetlands. One parcel was more than 10 miles from the nearest stream; the other was separated from a ditch by an impenetrable berm. In both cases, the Corps denied development permits. Justices Scalia, Thomas, Roberts and Alito tried to restrict the Clean Water Act so that only property adjacent and contiguous to streams could be considered wetlands - which is, they argued, what the plain language of the law suggests. "That definition is too narrow, Justice Anthony Kennedy stated in a separate concurrence. We agree. The plurality's formulation could remove federal protection from a host of seasonal streams and dry creek beds that are essential to the water network in the parched West. Instead, Kennedy joined the four in ordering the cases back to lower courts. But he also provided the 'significant nexus' instruction to the Corps. In another concurrence, Chief Justice John Roberts noted that three years ago, after losing a wetlands case, the Bush administration tried to limit the scope of regulation. The process 'went nowhere. . . . \[Instead], the Corps chose to adhere to its essentially boundless view of the scope of its power.'" "colorado water" 5:43:56 AM

Don't think they won't try The Colorado Cattlemen's Association is worried about SB37 [Concerning the Adjucation of Recreation In-Channel Diversions] and it's effect on water rights, according to the Pueblo Chieftain. From the article, "The Colorado Cattlemen's Association water committee voted Tuesday to urge the state Legislature to clarify and limit recreational in-stream water rights. The resolution still must be approved by the entire association, which is holding its annual state convention in Pueblo this week. Water Committee Chairman Ralph Curtis Jr. said legislators passed a bill this past session defining recreation in-stream water rights. The rights were sought by cities such as Pueblo for kayak courses and fishing, as well as by environmental groups. Ranchers see the in-stream rights as a threat that could take away water from them, even though agricultural interests often have older historical water rights. Curtis said another law is needed because he thinks environmentalists will return to the Legislature and expand the in-stream legal language to give recreational uses more water. 'Don't think they won't try,' he cautioned... "In other water topics, CCA member Brice Lee said ranchers need to watch out for environmentalists using the existence of rare fish in small tributary streams to force the protection of large stretches of river basins. He said it happened on Hermosa Creek in the southwest part of the state, where environmentalists, trout fishermen and the Colorado Division of Wildlife persuaded the Colorado Water Quality Control Commission to grant 'Outstanding Stream' designation to the creek's drainage. That designation prevents any future use that would degrade the water's quality. Lee said he found out later that the native cutthroat trout, which the commission sought to protect, lives only in three tributary streams. The trout, environmental and wildlife representatives all misled the commission, he said. Lee is a member of the commission." "colorado water" 5:21:49 AM

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