Saturday, February 23, 2008

HB 08-1280: Protect Leased Instream Flow Water Right Here's an update on HB 08-1280 from The Pueblo Chieftain. From the article: Landowners who want to lease or donate water to keep streams flowing can do so without fear of risking their water rights under a bill approved in a House committee Wednesday. Under HB1280, water rights owners who lend or lease water to the Colorado Water Conservation Board to preserve or improve stream flows would be excluded under consumptive use laws and will not be considered an abandonment of water rights. "In the past, people have blamed the irrigators for the sorry condition of the river," said Randy Carver, board president for the Montezuma Valley Irrigation Co., which is on the Dolores River in Southwest Colorado. "What the irrigators want to express is, we are not opposed to ... helping the downstream environment." The bill, which had no opposition, also requires the state's water courts to find that the owner of the rights has not entered into an agreement for speculative purposes when evaluating a water change decree. Under the bill, the CWCB is required to maintain detailed records on how much water is used in the program, and install measuring devices to check how much water, if any, flows beyond its expected reach. "What we're looking at is flexibility for the future," Carver said. "I don't know if we need that flexibility this day, but I see in the near future we're going to need that flexibility. This bill adds enumerable amounts of protection to the farmers for them to be comfortable enough to say, 'Yes, let's go ahead, lease this water out.' I'm not speculating here. I do not like leasing water without these added protections." HB 08-1280 is part of the "Heathy Rivers" package. More Coyote Gulch coverage here and here. "colorado water" 9:48:25 AM

Aurora long term contract with Reclamation Here's an update on the lawsuits that Aurora is involved in over the long term contract with Reclamation from The Pueblo Chieftain. From the article: At the same time Aurora is trying to keep a group of Arkansas Valley water owners from entering a federal court case over the validity of a water contract, it is trying to slow action in a state water court case as well. Aurora is being supported in the state action by partners in a 2004 Intergovernmental Agreement, including the Pueblo Board of Water Works, in its contention that the federal court case has to be decided before Division 2 Water Court Judge Dennis Maes can rule on a motion for summary judgment that contends Aurora's contract with the Bureau of Reclamation is invalid. The motion was filed by Arkansas Valley Native, a group of four valley water owners led by Bob Rawlings, publisher of The Pueblo Chieftain. Other members are Wally Stealey, former president of the Southeastern Colorado Water Conservancy District; Bob Shoemaker, a former state lawmaker from Canon City; and Frederick Esgar, a Wiley banker. Aurora and Reclamation filed similar motions in federal court Tuesday to dismiss Arkansas Valley Native's request to intervene in a lawsuit challenging the validity of a September contract to store and exchange water at Lake Pueblo. The federal lawsuit was filed in October by the Lower Arkansas Valley Water Conservancy District challenging both federal authority and the validity of the environmental assessment. In federal court, Arkansas Valley Native is claiming Reclamation had no authority to issue the contract and that the trade is an illegal use of Fryingpan-Arkansas Project water that violates state and federal law. In state court, the group is asking Maes to dismiss a 2006 application by Aurora that seeks exchanges as part of the 2004 IGA that allows partners to recover flows from forgone exchanges as part of the Pueblo flow program. Arkansas Native claims Aurora should be removed from the application since it relies on federal facilities to move the water and cannot meet the "can and will" requirement of state water law. Aurora's partners in the 2006 filing were the Pueblo Board of Water Works, Colorado Springs, Southeastern and Fountain. The city of Pueblo also was part of the IGA, but is not a party in the state case. A series of filings in the state case over the last five weeks has centered on the issue of whether a state court can determine the legitimacy of the federal claim. Arkansas Valley Native's attorneys, led by Sandy White of White & Jankowski, are arguing that the question of federal authority can be decided in state court at the same time as it is being heard in federal court. The IGA partners, led by the Board of Water Works, argues the federal question has to be decided first, saying it would be more efficient... Arkansas Valley Native is arguing the private water rights owners it represents would have lost standing in state and federal courts if Maes grants a stay of its summary judgment and if a federal judge denies it access, based on Aurora and Reclamation's motions this week. In an earlier state court filing, its lawyers wrote: "Let us be frank. If Aurora succeeds in dismissing the federal action and succeeds in convincing this court that it has no jurisdiction to consider the authority for the disputed contract, Aurora will take Fryingpan-Arkansas water out of the Arkansas River Valley. It will convert a project designed to provide water for irrigation and municipal use within the Arkansas Valley into a project that also serves the municipal water demands of the second largest city in the South Platte River Valley." More Coyote Gulch coverage here and here. "colorado water" 9:41:31 AM

Telluride: Plans to mitigate flooding on Cornet Creek Telluride is moving ahead with flood mitigation plans for Cornet Creek according to The Telluride Watch. From the article: After hearing from an engineering consultant that future flooding of Cornet Creek is imminent, the Telluride Town Council on Tuesday unanimously agreed to move forward with a $1.5 million, two-year work plan to mitigate flood damage potential. This is an especially pressing issue this year with the large snow pack that will no doubt bring a heavy spring runoff. According to Mike Harvey of Mussetter Engineering, Inc., the firm hired last year to conduct the town's 13th Cornet Creek study, last summer's July flood was a small-magnitude event in comparison to the floods of 1914 and 1969. There is always a chance that large-magnitude floods can occur when strong thunderstorm cells hit Liberty Bell basin, Harvey said. Currently, Cornet Creek has the capacity to transfer approximately 300 cubic-feet of water-per-second (cfs). Last July's flood ran at approximately 500 cfs, with a large part of the problem caused by the insufficient size of the Dakota Street culvert, which plugged with debris, causing water to overflow onto streets and into homes. "It is pretty obvious that a couple of bridges and road crossings are undersized," Harvey told council. "The problem with Dakota is that it is so small it gets plugged up with debris, you run the chance of water going everywhere."[...] Harvey went on to say that the creek's gradient adds to town's problem maintaining a sufficient transport capacity during flood stages. The gradient above the Jud Wiebe foot bridge is steep, easily transporting sediment and debris into the creek flows. But when the creek reaches the alluvial plain of Telluride, the water slows and subsequently drops sediment and debris, quickly decreasing the transport capacity of the streambed and culverts. Harvey recommended that small culverts be replaced (with the Dakota crossing a priority) and that Town increases the capacity of the streambed to 500 cfs. To achieve this, the town must remove approximately 3,800 cubic feet (or 380 dump trucks) of material. Factoring in the sediment that will annually be placed in the streambed through natural flows, the town must also remove approximately 300 cubic yards of sediment each year. According to Karen Guglielmone, the town's project manager, many improvements have been placed on this year's schedule. The Dakota culvert will be replaced with a bridge, repairs will be made on the creek's southwest bank at Townsend bridge, and channels will be cleaned out at the Townsend bridge and along Galena Avenue. "colorado water" 9:29:43 AM

Supply news From The Fort Lupton Press: "[Fort Lupton] has plenty of water to accommodate future growth...Answering a question focusing on the water conservation segment of the plan, Parko explained that Fort Lupton sources its water via a pipeline from Carter Lake, rather than depending on fluctuating well or ditch water." From The Delta County Independent: "The Town of Hotchkiss is looking at an unexpected cost of $100,000 to their membrane filtration system for the water treatment plant. Mike Owens, public works director, and Joann Fagan, town engineer, explained to the Hotchkiss council the need for having another building to assemble the system. The new membrane filtration system must be kept indoors during assembly or else the warranty will be voided by the manufacturer. The installation process is more time consuming than previously thought. In his report to the council, Owens wrote, "I can see a need for a building or add on to the water plant. This will give us more time for installation and resolve the storage problem during cold weather." From The Delta County Independent: A special meeting of the Orchard City Town Trustee Water Committee on Feb. 12 was the setting a community debate over the merits of the town's proposed water storage reservoir. Following closely on the two town sponsored public information presentations on the proposed reservoir (DCI Feb. 13, page 1C), the Feb. 12 meeting brought out sharp criticism and opposition to the reservoir proposal. The special water committee meeting Feb. 12 was called to discuss inaccuracies and misstatements in a town board-approved position paper on the reservoir. The town board had approved and sent the position paper to residents, and to water officials. State water commissioner for the Surface Creek area Jimmie Boyd had told the trustees at their Feb. 6 presentation that the position paper contain statements he wanted the opportunity to correct. Orchard City Mayor Tom Huerkamp called the special meeting of the water committee to hear the issues that Boyd wanted to discuss. Click through and read the whole article. It contains a lot of detail both for and against the reservoir proposal. From The Clear Creek Courant: "With the Idaho Springs water treatment and wastewater system going into the red at the rate of about $18,833 per month, the city council voted 6-0 on first reading Feb. 11 to increase water and wastewater fees beginning May 1. Water and sewer operations are designed to be a self-sustaining enterprise and are paid for separately out of user fees. A second reading of the new rates ordinance will be at the regular meeting of the council March 10. A work session was scheduled for Feb. 19 to address concerns about the proposed rate structure, which doubles rates for users outside the city. A comparison of the old rates versus the new shows a city resident would pay $110.50 bimonthly under the new structure for 6,000 gallons per month, versus $95.50 bimonthly, a nearly 16 percent increase. The in-city base rate stays the same. The proposal includes a tiered rate structure consisting of up to $4 per thousand gallons for over 50,000 gallons per month and up to $10 for sewer. Rates are double for outside the city." From The Greeley Tribune "reg": "Greeley's water conservation office will host a training seminar March 6 for landscape professionals on how to use water efficiently. The program will help participants understand water use and quality better, according to a release, and participants will have the opportunity to earn a certificate that recognizes their commitment to water conservation. The cost to attend the seminar is $55 for non-GreenCO members or $60 at the door. The first 15 Greeley landscapers and property owners may receive a full scholarship for the tuition for the seminar. For more information, call the water conservation office at (970) 350-9874 or go to www.greeleygov.com/wc." "colorado water" 9:04:04 AM

Will-O-Wisp settles with property owners It's been a long time coming by Will-O-Wisp has finally settled (mostly) with the landowners opposed to a new pipeline across their land, according to The High Timber Times. From the article: The Will-O-Wisp metropolitan district in Pine Junction has reached an agreement with three homeowners in the Woodside Park subdivision in a condemnation suit to build a pipeline and pumping station there. "They agreed to all the stipulations regarding the property and everything," said Will-O-Wisp president Rick Angelica. "We haven't settled all the dollar amounts (for land acquisition), but we expect to seal the deal shortly." The three landowners in Woodside Park units 5 and 6 include Magness Land Holdings, Doug Windemuller and David Brown, who own lots 134, 133 and 131. "This was far, far from a nice settlement," Windemuller said. "After much research by our attorneys, we discovered that special districts have a broad power base. I am not happy that any of this is happening, but we had no alternatives." The project and land purchase will encompass a section of land about 12 feet wide and at least 150 feet in length, according Angelica, though Windemuller contends that it will actually take up about 24 feet of space for the easement. A pipe measuring 4 inches in diameter will be placed underground, and the terrain will then be restored to its original, natural state... The pumping station, at roughly 10 by 12 feet, will be built underground on the Magness property. It will have a door on the side of a hill similar to an "old-style root cellar," Angelica said. The 20-horsepower electric motor will likewise be underground. Settling the condemnation suit was one of two major stipulations required by Park County commissioners last summer before they would agree to approve a 1041 water application for the district. Will-O-Wisp serves more than 100 homes at present but could serve up to 450 more in coming years as part of a Ryland Homes development being proposed in Pine Junction. A second stipulation has already been settled over the location of a diversion point where stream water is to be accessed. A local landowner challenged the initial location stipulated by Will-O-Wisp, so the district has identified a new location for that diversion point. "Based on the state engineer's recommendations, we moved it from just over the Magness' property line to just over the Windemuller property line," Angelica said. "We will start pumping from there."[...] A separate dispute between an HOA and Will-O-Wisp over easement rights for the construction of a reservoir to serve the district will go before a judge March 12-15 at the Park County Courthouse in Fairplay, according to Windemuller. "Our association has spent tens of thousands of dollars in legal fees. They should be paying all this -- they want this," he said. "They are taking our quiet, peaceful neighborhood and turning it upside down." Angelica said the district has no plans to build the reservoir any time soon. The district is describing the reservoir plan as a "third backup to our water supply." To build a reservoir would require another 1041 process, Angelica said...The next move for Will-O-Wisp will be another trip before county commissioners to secure the 1041 permit. If that is approved, the district could soon after construct the pipeline. More Coyote Gulch coverage here. "colorado water" 8:56:58 AM

Snowpack news Here's some snowpack news from The Pikes Peak Courier View. From the article: "The good news is there is a lot of snow in the watershed. The bad news reads the same way because large quantities of snow can lead to heavy runoff and possible spring flooding...Snowpack is at 168 percent of long-term averages for the Arkansas basin and 101 percent for the South Platte basin." "colorado water" 8:41:17 AM

Wastewater news From The Cañon City Daily Record: "Rising business costs are being blamed for a sanitation rate increase. Residential customers will now pay 68 cents a month more, which is a 4 percent increase for customers of Fremont Sanitation District. District manager George Medaris said the new rate will be $17.59 for general residential." From The Delta County Independent: The Delta County Commissioners have agreed to support a Montrose County sewer district's application for $100,000 in energy assistance grant money. According to BoCC chairman Wayne Wolf, the commissioners signed a letter supporting the grant bid in hopes a resulting project will increase revenues for a Delta County business. But, Wolf said that he would withdraw his support if the project ends up creating a "nuisance" for the county. The West Montrose Sanitation District treats waste from some 1,800 taps. It also accepts and has stored septage, pumped and hauled in from septic systems in a multi-county area, but mostly from septic tanks located in rural Montrose County. The district is eyeing a project to remove the sludge and bio-solids it has accumulated over the past six years. Delta County is home to CB Industries, which is a certified receiving site for septage. CB Industries composts the material and sells the resulting soil amendment to commercial applicators. It is possible that CB Industries' business will benefit from the removal of the biosolids from the Montrose sewer district's stockpile, if the contractor who does the removal chooses to have it composted at CB Industries' Delta County site. According to Randy See, manager of the district, their bid for a $100,000 grant "to provide financial assistance for the removal of the accumulated biosolids" has been supported by the city and the county of Montrose, by San Miguel County and by a group of septage haulers serving Delta, Montrose, Ouray and San Miguel counties. From The Montrose Daily Press: City improvements to expand the Montrose Wastewater Treatment Plant continue on schedule despite winter weather... The plant's capacity is being expanded by 50 percent through the $3.8 million addition of a third oxidation ditch and secondary clarifier, as well as a pump house. The city acquired a $1.9 million grant from the Environmental Protection Agency in 2002; this is combined with capacity fees to finance the expansion. Construction began early last November. Ullmann said the project is on schedule for completion by Sept. 30, though he hopes weather conditions improve...Ullmann said the new pump house will also accommodate a fourth oxidation ditch and secondary clarifier when they're needed, which could be in the next nine to 10 years. He said the other facilities built in the early 1980s, such as the sludge digester, will be able to accommodate expansion in addition to that currently under way. The oxidation ditches, which are 8 feet deep, function to create an environment ideal for bacteria to break down waste. They keep the waste flowing and aerate it with large brushes. The secondary clarifier is a large, deep pool where bacteria sludge settles and is scraped off the bottom and skimmed off the top. Some sludge is sent back to the beginning of the treatment chain to ensure a proper amount of healthy bacteria to break down the waste. As for the current project's status, the secondary clarifier hole has been dug and the 12-inch sludge line that will lead to the pump house is to be installed by Friday. The clarifier's slab is to be poured March 4. The pump house and oxidation ditch will follow. "colorado water" 8:29:28 AM

DARCA Annual Convention It was a ditch company party this week in San Luis as DARCA held the annual convention there, according to The Valley Courier. From the article: Colorado's oldest town, with the oldest water right in the state, welcomed about 120 participants of the statewide Ditch and Reservoir Company Alliance (DARCA) Convention this week. "The response from the community is just overwhelming," said DARCA President Matt Cook. "The local support is just incredible." He said this is the sixth annual convention of the group that has grown to more than 150 members since its inception in 2002. He said he wants to see the conventions hosted by smaller communities such as San Luis and past host La Junta. "We have made a conscious decision this is not going to be a Front Range focus although there are a lot of ditches on the Front Range. It's statewide. Our mission is statewide." DARCA serves the needs of ditch and reservoir companies, irrigation districts and lateral companies. Cook attributed much of the Feb. 20-22 convention's success to local liaison Priscilla Salazar Martinez who was also one of the speakers addressing the subject of acequias or irrigation ditches. Among many other involvements she is also the president and co-founder of Las Comadres de San Luis, a community-based organization dedicated to preserving cultural heritage and resilient land and water use in Costilla County. "We know the value of water. We know the value of land," Martinez said. "Land and water are inseparable." She added that without the acequias of Costilla County, "we would not exist."[...] Costilla County Commission Vice Chairman Joe C. Gallegos is a fifth generation acequia farmer on the first adjudicated water right in Colorado, the San Luis People's Ditch. Gallegos applauded visionaries like his great great grandfather Dario Gallegos, one of the founders of both the town of San Luis and the People's Ditch. Joe Gallegos said that in his eyes one of Dario's greatest achievements was the establishment of what is now known as the San Luis People's Ditch, the first to be registered as a water right in the state. The ditch dates to 1852. "The foresight to register the agricultural water right seems almost unreal," Gallegos said. "These people got together and insisted our water rights be recognized by this new country and this new state ... such a wise move." Gallegos said one year after establishing its water rights the San Luis People's Ditch got sued and had to fight against corporate demons to protect its water rights, a battle that still goes on. "We don't want to be seasoned warriors. We just want to irrigate our crops," he said...Gallegos said the acequia system is a proven irrigation system that other areas are now looking at as a model. Medina said there are 108 active acequias in Costilla County alone. Keynote speaker for the convention was Dr. Devon Peña, a professor of anthropology, environmental and Chicano studies at the University of Washington. He is also a founder of The Acequia Institute based at his family's acequia farm in the San Luis area. An author and environmental justice activist, Peña is currently completing a book based on the 400-year history of acequia farming in the Rio Arriba. "Acequias are not just an irrigation ditch," Peña said. "They are a community." He added, "You cannot have an acequia without a multi-generational commitment." Peña described the acequia system as a water democracy with each participant having one vote and where neighbors help each other in communal efforts such as harvest. He said the common mutual aid and cooperative labor makes the acequias and the commons associated with them unique. "It is a community irrigation ditch but it is not just a ditch. The water is considered a community asset rather than an individually owned commodity ... that can be sold uphill towards money." He said the word "acequia" actually has Arabic roots meaning the water bearer, one who carries water or barmaid. Peña said the law of the acequias was recognized during the time Colorado was a territory but was discarded for the prior appropriations water law after Colorado became a state. He said that is an insult to the acequias. He said those still living by the area acequias try to follow the traditional laws of the acequias. He added a congress of acequias is being planned for Colorado with the goal to educate water experts, judges, state engineer's office staff, legislators and others about the nature of the acequia system. He said another goal would be to restore a plural water law system in the state that would recognize both the acequia and prior appropriations laws. More coverage from The Pueblo Chieftain. They write: Members of the Ditch and Reservoir Company Alliance heard about the threats to and perks of the water management practiced by acequias, or Hispanic, communal ditches. The majority of acequias in the Upper Rio Grande in New Mexico and Colorado are highly informal and loosely organized civic associations, although some are formally incorporated as ditch associations or ditch companies. In Colorado there are roughly 100 acequias in Conejos, Costilla, Huerfano and Las Animas counties. Acequias face an array of challenges in the Rio Culebra Basin that flows off the Sangre de Cristo Mountains down past San Luis, said Joe Gallegos, a Costilla County commissioner and member of the San Luis People's Ditch. Gallegos said at least four acequias northeast of San Luis are battling a proposed substitute water supply plan by Newmont Mining that has included an augmentation plan and proposals for a change of use and change of diversion point. That has meant finding money for lawyers and a flood of paperwork. "Trying to find the funds to deal with that monster is overwhelming," Gallegos said. Gallegos also noted that when a local judge separated the land and water between a husband and wife who were divorcing, it sent shock waves through the local community. "That was the first time the land and water were separated on an acequia," Gallegos said. He said the different acequias in the area have tried to write rules tying the land and water together in their respective bylaws... Although the People's Ditch in San Luis is celebrated as the first adjudicated water right in the state, Gallegos described an uneasy existence between acequia culture and the doctrine of prior appropriation that governs state water use. In times of scarcity, prior appropriation dictates that water users with a senior water right have priority over junior water rights holders that allows them to take what they need first, even if that means shutting down the use of a junior rights holder. Yet acequia culture and its links to historic Spanish and Mexican laws governing water use emphasize the sharing of water in times of scarcity. Gallegos said that the owners of bigger farms, who'll likely have an easier time surviving a drought, may let some water flow to a junior user. Or, as Devon Pena, an anthropology professor at the University of Washington, pointed out, sometimes landowners with a senior right will allow the use of their land to a junior user. Pena, who also lives part of the year near San Luis, said the acequias represented resilient water democracies, especially for their practice of affording their members one vote, regardless of how much water they had a right to use. He said acequias, which are not lined, are also important sources of wildlife habitat and wetlands. He hoped that a congress of acequias scheduled next year would sway state water officials and judges toward a legal regime more friendly to acequias. "colorado water" 8:26:00 AM

Ken Salazar: If they're not the right plans, you need to let us know U.S. Senator Ken Salazar is touring Colorado laying out his views and generating enthusiasm for the farm bill, according to The Fort Morgan Times. From the article: The two critical issues of the legislation include water use and federal government attention to rural America, he said. Language in the bill would help farmers along the South Platte and Republican rivers who lost water rights, he said. The legislation would allow eligible farmers to enroll some of their land in the Conservation Reserve Program, which would provide financial assistance to those who lost a portion of their income. "It will be a significant amount of payment for farmers who are affected," he said... Another major plan for the High Plains Region, he said, is to help make the area a hub for the renewable energy revolution. Renewable energy has opened up a new chapter of opportunity for rural America, Salazar said, and the continued development of renewables would benefit the area for an extended period of time. The farm bill would promote the development of wind energy, ethanol and biodiesel by providing various incentives, he said. "colorado water" 8:01:17 AM

Fountain Creek management Here's a look at the consultant's vision for Fountain Creek presented to the Colorado Springs Utilities board, from The Colorado Springs Gazette. From the article: Imagine observing beavers building dams in wetlands along Fountain Creek or watching the stream change during rainstorms -- in person and from a webcam. How about picnicking near the water's edge while the kids play in an American Indian village replica playground nearby? Those concepts -- for one spot in Colorado Springs and another north of Pueblo -- have been conjured by consultants working for Colorado Springs Utilities and another agency to inspire excitement about converting the eroding and murky creek into a natural showcase. "We're talking about a national jewel, and this is all very, very doable," said Merle Grimes, with MDG LLC in Denver. Grimes and Kevin Shanks with THK Associates, also of Denver, were hired by Utilities and the Lower Arkansas Valley Water Conservancy District, each of which pitched in $300,000. The goal is to advance master planning efforts on Fountain Creek. Wednesday, the consultants outlined their work to the Utilities Board, consisting of the Springs City Council. Taking a page from the playbook of Confluence Park in Denver where Cherry Creek and the Platte River merge, Grimes and Shanks proposed two projects to spotlight what can be done to stir interest in rehabilitating the creek. One demonstration project would encompass about 320 acres along Interstate 25 east of the Piñon truck stop north of Pueblo. Shanks said the landowner has expressed interest in donating the property. Dubbed the Fountain Creek Center at Pueblo Springs Ranch, the site would be reshaped into an ecosystem worthy of study by students from kindergarten to college, Shanks said. "It would be an opportunity for people to understand what a healthy creek looks like," he said. Viewing towers would be built amid vegetation from which visitors could see water channels and a variety of wildlife. Webcams could be installed so the center could be viewed from elsewhere. Interpretive exhibits would help people understand "how man has related to the creek in the past and how man should relate to the creek in the future," Shanks said. Construction of wetlands would demonstrate how natural features can help cleanse waterways, he said. He said partners might include a research center in Georgia or the Colorado State University extension service, both of which have expressed interest in collaborating. The second demonstration site lies east of I-25 south of the El Pomar Youth Sports Park in the vicinity of World Arena. Named Fountain Creek Eco-Fit Education Park, it would highlight education and activity, Grimes said. The landowner, he said, is interested in participating... Parking lots, he said, would be pervious, and sports fields would have low-water grass planted. Playgrounds could be themed to represent the area's heritage. A pumpkin patch or cornfield could be part of the plan to recall the area's agricultural base. The concept is one of several efforts under way to improve Fountain Creek, which has been polluted at times by untreated wastewater and is a sore spot with Pueblo, which lies downstream. "We see this project being a bridge between the two communities," Shanks said, "both literally and figuratively." But the projects also may satisfy Bureau of Reclamation requirements that Utilities build or expand wetlands to offset impacts of a pipeline the city wants to build from Pueblo Reservoir. More Coyote Gulch coverage here. "colorado water" 7:54:25 AM

State orders boat inspections for zebra mussels at 5 lakes From The Denver Post: "State officials have announced a mandatory boat inspection plan in effect immediately in the wake of the discovery of Zebra mussels at Lake Pueblo State Park...Those include Lake Pueblo, Navajo, Cherry Creek, Chatfield and John Martin state parks. All watercraft will be subject to inspection, including boats, jet skis and trailers...Boaters are asked to drain all water from their hulls, engine wells and lower units of engines; clean their hulls; dry not only their boat but also any fishing gear, skis or other equipment; inspect all exposed surfaces and remove all plant or animal material. Boat owners who refuse to have their boats inspected or whose boats show signs of the mussels may be subject to having them placed in quarantine." More Coyote Gulch coverage here. "colorado water" 7:43:32 AM

Energy policy: Nuclear, HB 08-1161 Here's an update on HB 08-1161 and uranium mining in Weld county from The Loveland Reporter-Herald. From the article: Within the next two weeks, a bill to tighten water quality controls around uranium mining could pass its second committee and head to the full Colorado House of Representatives. "I anticipate we'll get good bipartisan support," said Rep. Randy Fischer, one of the Larimer County lawmakers who proposed House Bill 1161. One indicator, he said, is that an amended version of the bill passed the Agriculture, Livestock and Natural Resources Committee this week by an 11-2 vote. That sent it to the Appropriations Committee. If it passes there -- and Fischer anticipates it will because the proposal would not require money from the general fund -- it would go to the entire House... Powertech Uranium Corp., the company that proposed the mine, says those fears are unfounded. Officials insist the method of mining the uranium by leaching it from the ground in water is safe. They, along with members of the Colorado Mining Association, met several times with Fischer and Kefalas and testified before the Agriculture Committee. They were upset that no one from the mining industry was asked for input before the bill was drafted, and they suggested several changes. Their input plus testimony from residents led to some changes in wording but did not change the intent of the bill, according to Fischer. If anything, it clarified and further tightened water safety precautions by specifically stating the water will be returned to a quality equal to or better than before, or to Colorado Department of Public Health and Environment standards, he said...The wording also clarified that the rules would apply to in-situ leach mining for uranium and not open-pit mining for other metals that already is occurring in the state. More coverage from The Associated Press. They write: Jean Hediger can stand at the edge of her organic wheat farm and look west to the Rockies, east toward this speck-in-the-road town and straight ahead into what she sees as her worst nightmare. A Canadian company's plans to establish a uranium mine just across the two-lane county road from Hediger's farm has triggered a bitter tug-of-war with residents of this fast-growing region about 70 miles north of Denver who fear the risk of contaminated water and other health problems. "How do you farm organically next to a uranium mine?" Hediger asks. "It's pretty darned scary, isn't it?"[...] Powertech Uranium Corp. Chief Executive Officer Richard Clement insists the firm's closed-system mining process, in which a solution of oxygen and sodium bicarbonate is injected to recover the uranium, is safe. "There's a lot of misinformation out there about nuclear, about uranium, about radiation, about the effects of mining," he said. "This is probably one of the most benign methods of mining that you're ever going to encounter."[...] Uranium flourished in the 1950s, '60s and '70s for use in atomic weapons and then nuclear reactors. It was a heady time in the West as miners using Geiger counters staked out claims in areas with large uranium reserves such as Uravan, Colo.; Ticaboo, Utah; Grants, N.M. and the Navajo Nation's lands in Arizona, New Mexico and Utah. The bottom fell out of the industry when the Cold War ended and uranium from weapons stockpiles flooded the marketplace. Its price plummeted from $40 a pound in the late 1970s to less than $10 a pound in the 1980s, according to the Colorado Geological Survey. The Three Mile Island reactor accident in 1979 and the 1986 Chernobyl disaster in Ukraine soured the public on the use of nuclear power. Today, as more nations look to nuclear power as an alternative to coal and oil, the world's uranium supplies are dwindling. In the past two years, thousands of mining claims have been staked on federal lands in Arizona, Colorado, New Mexico, Utah and Wyoming. "Everything started picking up like crazy in '04 in those states," said Roger Haskins, a Bureau of Land Management specialist in mining law. Across most of the West, residents who buy property own the surface rights -- but most do not own the rights to minerals under their land, which can be sold or leased separately from public agencies and private firms and individuals... Colorado lawmakers are considering legislation to place restrictions on uranium mining and require mining companies to prove they will restore groundwater aquifers to pre-mining quality before they receive permits for in-situ operations. The bill also would require companies to show that technology exists to clean up any pollution that results from mining. Powertech, which has properties in Wyoming and South Dakota, has begun exploratory drilling on the site across from Hediger's farm to gather data for its application for an operating permit. It also will do air, weather, groundwater and engineering tests to submit to Colorado regulators. Clement said the company will continue to communicate with residents in the area. Horizon Nevada Uranium, Inc. has sent out letters to 400 property owners in South Park notifying them of a proposal to mine uranium in South Park, according to The Fairplay Flume. From the article: Golden-based Horizon Nevada Uranium Inc. is planning to mine uranium in a 4,000-acre area of southeast Park County in the South Park Ranch area, and it has sent about 400 notices to property owners notifying them of the proposed project. It's still very early in the planning stages for the proposed mines, according to Horizon President Bill Wilson. Staking of property will begin within 30 days but mining probably wouldn't happen for some time, he said. The mining process would involve drilling wells to the uranium deposits and pumping CO2, oxygen and water down, liquefying the uranium, then pumping it back out of the ground, a process called in-situ mining. "There wouldn't be any open pit or underground mine," Wilson said. Instead, the mines would look more like a number of pumps... After staking is complete, 20 to 25 exploratory holes will be drilled this summer to determine the best places to start mining after surface leases are signed with land owners. Wilson said he would not allow his company to mine any land without the owner's OK...According to Wilson, Horizon puts $3,000 down on each well for a reclamation fund before removing minerals from the ground. During the mining process, precautions are taken to avoid contaminating the environment. If a possible mine site is near usable water, it is abandoned, Wilson said. But that is very rarely the case. Most uranium mines start between 500 feet and 700 feet below the surface... Horizon could employ up to 80 people for the mining site. "[This project] certainly would point in the direction of economic development," he said. Similar operations in Glenrock, Wyo., have employed about 90 workers. According to Wilson, the majority of the workers live in the area of the mining. Wilson intends to present information to the county commissioners as soon as April at a public meeting. "I think that's good business. If we're serious about what we're doing, we need to take the time and inform the people," he said. More Coyote Gulch coverage here and here. "colorado water" 7:30:15 AM

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