Coyote Gulch

Tuesday, August 5, 2008

Permanent augmentation water for the Blanca Wetlands?

Here's an update on the BLM's efforts to exchange parcels for rights to permanent augmentation water for the Blanca Wetlands, from The Valley Courier. From the article:

The Bureau of Land Management is seeking comment on a revised proposal to exchange up to 10 parcels of BLM land for up to 189.8 acre feet of water annually from the Anderson Ditch in Monte Vista. Four parcels located in Rio Grande County that were in the original proposal have been replaced by four parcels located in Saguache County.

The purpose of the proposed exchange is to acquire a permanent source of augmentation water for the Blanca Wetlands. The acquired water would be used to offset depletions to the Rio Grande caused by the operation of confined aquifer wells that supply water to the wetlands. Securing a permanent source of augmentation water is critical as Blanca Wetlands provides habitat for more than a dozen threatened, endangered, or sensitive species. The wetlands also provide nesting and migratory habitat for thousands of waterfowl and shorebirds. The land parcels proposed for exchange were previously identified as eligible for disposal or exchange in BLM's San Luis Resource Management Plan. The number and acreage of land parcels that will ultimately be exchanged will consider resource values including wildlife habitat and open space.

Thanks to SLV Dweller for the link. More Coyote Gulch coverage here.
"colorado water"
3:15:34 PM

Small Hydropower Loan Program

Here's the link to the Colorado Water Resources and Power Development Authority page for their Small Hydropower Loan Program. Now get out there and start generating some green energy.
"colorado water"
7:37:09 AM

RiGHT and Ducks Unlimited score $50,000 donation

The Rio Grande Headwaters Trust (RiGHT) and Ducks Unlimited have scored a $50,000 donation from Chet Choman for wildlife habitat and conservation efforts, according to dBusinessNews. From the article:

The Rio Grande Headwaters Trust and Ducks Unlimited will advance their goal of protecting 25,000 acres with help from a donation by Chet Choman, president of Colorado Realty and Land Company. Ducks Unlimited is working with the Trust and other partners to use this contribution for a multi-phase conservation project. The project will protect wetlands and waterfowl habitat through conservation easements on private lands in the San Luis Valley. "Protecting Colorado's natural resources is necessary to maintaining our way of life," said Choman. "The Rio Grande Headwaters Trust and Ducks Unlimited are working to ensure the lands surrounding the Rio Grande are protected from development and that the natural systems that recharge groundwater and protect municipalities from flooding remain intact."[...]

As part of the initiative, DU and RiGHT will hire and maintain staff with the expertise to establish and monitor conservation easements. DU will also use part of Choman's contribution toward public policy efforts in the San Luis Valley to promote and develop favorable conservation policies.

Thanks to SLV Dweller for the link.
"colorado water"
7:19:24 AM

South Metro Water Supply Authority scores $100,500 from Metro Roundtable

From The Denver Post: "The Denver Metro Water Roundtable awarded South Metro Water Supply Authority a $100,500 grant to conduct a regional aquifer, storage and recovery study. The assessment will evaluate the effects of continued reliance on nonrenewable groundwater supplies in the south metro area, evaluate methods to extend the life of bedrock aquifers and explore a more coordinated management of water resources."

More Coyote Gulch coverage here.
"colorado water"
6:33:06 AM

Great Sand Dunes National Park water right

Judge O. John Kuenhold signed the decree for a water right for the Great Sand Dunes National Park yesterday, according to The Valley Courier. From the article:

In the decree he signed on Monday, Judge Kuenhold stated, "There is no question that the United States is entitled to make an appropriation of water in connection with the park. The amount and nature of the right ... are consistent with maintaining ground water levels, surface water levels and stream flows on, across and under the park, in order to accomplish the purposes of the park and to protect park resources and park uses." The water right is the final acquisition completing the conversion of the Great Sand Dunes National Monument to the Great Sand Dunes National Park & Preserve.

In approving the Great Sand Dunes National Park and Preserve Act of 2000, Congress mandated the preservation of the resources and ecosystem in the expanded park area and specifically recognized that surface and ground water systems under the dunes were necessary to preserve those resources and ecosystem. Congress directed the Secretary of the Interior to obtain a water right that would maintain ground water, surface water and stream flow levels across and under the park. The judge had originally set aside three weeks to hear the contested water rights case, but opponents and proponents reached a stipulation before the onset of the trial last week and agreed to present a much-abbreviated "prima facie" case to the judge. After hearing from several expert witnesses and reviewing the documentation in the case, the judge decided that the water right requested by the federal government for the national park area was appropriate. Kuenhold said he found the testimony of the witnesses fascinating and interesting and would have liked to hear several more weeks of it but had thoroughly and carefully reviewed the proposed stipulated decree and agreed it should be signed.

The judge particularly complimented the final witness Dr. David Cooper who explained the important relationship between the water system at the dunes and the vegetation and wildlife that depend on it. He said that even a permanent reduction of six inches in the water table would alter the ecosystem. He described the wetlands in the dunes area and nearby San Luis Lakes where he has conducted extensive studies both in the 1990's and in the last few years. His studies included the review of data from 200-300 ground water monitoring wells in the area.

The decree states that the water right requested by the U.S. Department of the Interior and approved by Judge Kuenhold is an in-place ground water right in the unconfined or more shallow aquifer underlying the park "including surface flows that recharge the underlying aquifers and upward leakage from the confined aquifer that are necessary to maintain ground water table elevations, surface water levels and stream flows on, across and under the park." The water right is designed to not injure other existing water rights and in fact is prohibited from interfering with the Closed Basin Project or water rights existing prior to the 2000 sand dunes legislation.

U.S. Department of Justice Attorney Jim DuBois took the lead in presenting the federal government's case to the judge. Following testimony to the court over a portion of three days, DuBois told the judge he believed the evidence the federal government provided supported the decree. DuBois entered more than 50 exhibits into the official record in support of the U.S. water application. David Robbins, attorney for the Rio Grande Water Conservation District that supported the sand dunes water right, thanked the judge for hearing the case and attorneys for objector Cotton Creek Circles for ultimately concluding that a prima facie case was in the best interest of all concerned. Robbins said the water decree on Monday was a momentous conclusion to a series of efforts to protect and preserve the dunes area. He said the only remaining step was securing the water supply that is so critical to the dunes' protection. "There is in fact strong scientific evidence supporting the necessity of protecting that ground water system underneath the park for a wide variety of flora and fauna as well as the dunes themselves," Robbins said.
Update: More coverage from The Pueblo Chieftain. From the article:

The decree fixes a right to maximum groundwater levels in the unconfined aquifer measured by wells at 10 points along the park's western boundary that range in water table elevation from 7,527 feet to 7,726 feet. Those figures were based on the maximum elevation at the park boundary between 1980 and 2007. "This is a momentous day for the park," said Art Hutchinson, park superintendent. "Water is critical to the functioning of the dunes system." Although Congress authorized park status for the sand dunes in 2000, it directed federal officials to secure water rights for the park through state water court, a process that began in 2004. The "in-place" right does not allow for the withdrawal of water from the already over-appropriated aquifer, but guarantees all groundwater levels sufficient to support park resources, subject to other water rights prior to Nov. 22, 2000, and the Bureau of Reclamation's San Luis Valley project, which ships groundwater to the Rio Grande.

The decree noted the connectivity of groundwater levels to surface stream flows in the park. A drop in groundwater levels would lead to a decrease in stream flows and a decrease in the amount of water that reaches the wetlands, riparian areas and ponds on the parks western edge. A decrease in stream flows, specifically for Medano Creek, also cuts into park visitation. Camping and hiking activities are concentrated near surface streams and other water features, and many of the parks' interpretive activities and exhibits are focused on surface water resources, according to the decree. Aside from protecting park resources, the decree also gives the park the right to challenge any changed or expanded use of existing appropriations or new rights junior to the park.

The original application for the park's right initially drew opposition from eight parties, although that number had been whittled to only Cotton Creek Circles by the trial's start. Cotton Creek Circles is managed by Gary Boyce, who had previously attempted to export groundwater from the San Luis Valley through the Stockman's Water Company during the 1990s. Alan Hale, an attorney for Cotton Creek, said he was pleased at the inclusion of the 10 monitoring wells to be drilled on the park's western boundary. The court will retain jurisdiction over those wells for a period of 10 years after their installation. The federal government may also request that jurisdiction be retained for an additional 10 years for the limited purpose of gaining additional data from wells to refine the accuracy of the maximum groundwater elevation. The federal government's decision to avoid argument over whether the park's right would result in future injury shortened the length of the trial. James Dubois, an attorney with the Department of Justice's Environment and Natural Resource Division who litigated the case on behalf of the park, said any future injury would have to be dealt with by the court after it occurs.

More Coyote Gulch coverage here.
"colorado water"
6:27:52 AM

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