Saturday, August 23, 2008

Colorado Big-Thompson update From email from Reclamation (Kara Lamb): As we move into the last full week before Labor Day, we have some significant changes on the C-BT. First and foremost, we turned the pump to Carter Lake on [Friday] morning at 10 a.m. That means, more water is coming back into Carter. This should slow the water elevation drop, or possibly even make it static for a while, although demands out of the reservoir continue. Currently, Carter has an elevation of 5705. That is two feet down from last week, but actually about on track for our projected operations this year. For those of you planning for next weekend, aka Labor Day (already!), this is good news. The South Boat ramp at Carter is set more shallow than the two north boat ramps. Some of you had expressed concern about its condition come Labor Day. It is still operational, albeit for smaller boats, and should remain so through next weekend. Horsetooth has had a pretty normal operational year, so far. We have been running around 335 cfs into Horsetooth over the past week. With the rain, demand there had dropped off a bit. As a result, we saw Horsetooth actually come up one whole foot in elevation. It is currently sitting at about 5398 with only about 41 cfs leaving the reservoir for delivery to water users. But, the weekend could see some changes. First, pumping to Carter reduces the flow north into Horsetooth. Over the course of the day, we should see that inflow drop about 130 cfs. Additionally, if demand for water off of the Big Thompson River comes on as anticipated, another 150 cfs or so should drop out of the canal going north. That means, if all projected demands for the canal come on, by the end of the weekend, we will only have around 55 cfs coming into Horsetooth Reservoir. Water elevation at the reservoir might not change as much, even though the inflow is dropping off. And that is because the outflow is still pretty low. If heat comes on and demands go up, we will see the reservoir start to decline in elevation. But, my guess, for this weekend, is that the elevation will remain fairly static around the 5398-97 range. This is a pretty good elevation and bodes well for Labor Day. All boat ramps at Horsetooth remain well under water. But, the good news for recreation does not extend to white water enthusiasts along the Big Thompson River. Those of you who have been enjoying the higher flows in the mid-to-high 300 cfs over the past week will see it decline this weekend. To accomodate the pump at Carter, we will take the C-BT project water we had been sending down the Big T River and run it through the southern power arm of the project, generating hydropower before pumping it to Carter. We will make the changes to the gates at Olympus Dam at Lake Estes very late at night. If you are around the Big T River this weekend, anticipate to see it drop off tonight and Saturday night. We should be running about 150 cfs, or so, down the river by Sunday. Visitors to and residents of the Pinewood area should continue to see business as usual. Over the past six weeks, Pinewood has been fluctuating within ten feet (6568-6578) as we build up and run down water for hydropower generation. For the past two weeks, it has been almost full, just about two feet down in elevation. That should not change this weekend, or for the next couple of weeks. "colorado water" 8:29:11 AM

Wastewater news From The Sterling Journal Advocate: "A city of Sterling employee has been appointed by Governor Bill Ritter to the Water and Wastewater Facility Operators Certification Board (WWFOCB). Bill Wright, water and wastewater superintendent for the Sterling Water and Wastewater Division of the Public Works Department, received word of the appointment in July. He will serve on the board until 2012 when he will be eligible to be reappointed for another four years. Wright is one of the few in Colorado to be certified in five different areas at the highest level in the state. He holds certification in Wastewater Treatment; Water Treatment; Industrial Water Treatment; Distribution Systems and Collection Systems." "colorado water" 8:10:37 AM

Northern Integrated Supply Project From The Northern Colorado Business Report: "Larimer County Commissioners next week will move closer to an official position on a proposed water supply project, the biggest piece of which is Glade Reservoir northwest of Fort Collins that will draw water from the Cache la Poudre River. The county board's two-hour work session on the massive Northern Integrated Supply Project begins at 1 p.m. on Aug. 25 in the hearing room of the Larimer County Courthouse office building at 200 W. Oak St. in Fort Collins. The board will consider comments submitted previously by citizens, county boards and county staff members, then decide how they will draft comments to the Army Corps of Engineers that is now conducting an environmental review of the project." More Coyote Gulch coverage here. "colorado water" 8:03:18 AM

Energy policy: Oil and gas From The Craig Daily Press: "The Colorado Oil and Gas Conservation Commission made 'substantial' changes to proposed public health regulations for energy companies this week, according to Department of Natural Resources officials. The Oil and Gas Commission approved provisional changes to about 50 different proposed public health regulations, all by unanimous or near-unanimous votes. None of this week's changes are set in stone. Officials expect to reach a final decision on all proposed regulations Sept. 11." More coverage from The Sterling Journal Advocate. They write: The commission spent considerable time discussing rules that would ensure appropriate protection of public health, safety, and welfare as oil and gas development increases in the state. These include: - Rule 205, which will require companies to maintain an inventory of chemicals it will use downhole and fuels it will store at well sites. This rule will also provide assurances that necessary chemical information is available to health professionals in an emergency, and that proprietary information is protected from public disclosure. - Rule 317B, which will restrict oil and gas operations within 300 feet of streams that provide public drinking water, unless the company gets a variance. The rule will also require certain protective practices in areas beyond 300 feet of such streams, such as water quality data collection, spill response planning, and public water system notification. - Rule 805, which will require odor-control equipment on certain oil and gas facilities that are located within one-quarter mile of homes, schools or hospitals in Garfield, Rio Blanco and Mesa Counties in northwestern Colorado. This rule will also require operators to utilize "green completion" practices to reduce odors and conserve resources in some cases when they begin producing oil and gas from wells. - Rule 1002.f, which will require operators to utilize best management practices to control stormwater runoff from well pads... The Commission also gave provisional approval on minor changes to more than 40 other rules on subjects such as labeling of tanks and other containers at well pads, safety setbacks near buildings that companies must avoid when they are using explosives to explore for oil and gas, and procedures for certain hearings before the Commission. The Commission will reconvene on Sept. 9 for three more days of deliberations, during which it will consider rules addressing several additional subjects: - A revised process for obtaining drilling permits, which could include public notice and comment; - Procedures for Comprehensive Drilling Plans, which will look at oil and gas activities on a larger geographic scale and analyze cumulative impacts; - Requirements for constructing and lining waste pits at drilling sites; - New rules designed to minimize adverse impacts to wildlife from oil and gas activities; - and procedures for commission consultation with state health and wildlife officials on drilling permits, in certain circumstances. "cc" 7:46:53 AM

Schaffer or Udall for U.S. Senate? U.S. Senate candidates Mark Udall and Bob Schaffer had an opportunity to show their water chops at this week's Colorado Water Congress meeting. Here's a report from The Durango Herald. From the article: The U.S. Senate candidates did find plenty to fight about...ranging from the Republican Schaffer's support of 2003's highly unpopular Referendum A to the Democrat Udall's votes on the Animas-La Plata dam. Schaffer mocked Udall for initially voting "present" - neither yes nor no - on approving the Animas-La Plata Project. "The person you're going to send to Washington, D.C., to be your United States representative ought to have clear and decisive positions on water projects," Schaffer said. Udall said at the time of his vote, he still had unanswered questions about the project. He voted in favor of the dam on the final floor vote and said Schaffer had missed that vote. Udall currently supports A-LP and "I'll continue to support it," he said. Udall drew attention to another old battle - 2003's Referendum A, a multibillion-dollar bond for unspecified Colorado water projects. Udall opposed it, while Schaffer backed it. Udall said its fatal flaw was refusing to guarantee that Western Slope water would be protected. Voters in every county rejected Ref A, which Udall said showed that urban voters do care about the state's rural heritage. Schaffer pledged to stand up to federal agencies that claim water rights or seek to take water for endangered species or environmental reasons. He criticized Udall's co-sponsorship of the Clean Water Restoration Act, which, if passed, would give the federal government broad new powers over water, he said. Udall co-sponsored the bill in the last Congress, but he pulled his name from it in 2007 after hearing concerns from farmers and homebuilders, said his spokeswoman, Tara Trujillo. Udall stressed that cooperation on water is possible in Colorado and happens fairly often. But he worries about a new era of confrontation brought on by shrinking water supplies and global warming. "No matter how well we plan, or manage, or even litigate, Mother Earth reminds us that she's in charge," Udall said. It's important to cut greenhouse gases to slow down the warming, he said. To cope with growth, Udall favors water conservation, sharing with farmers and expansion of existing reservoirs. Schaffer said he tends to be in favor of more storage, or reservoirs. "I think storage makes imminent sense in just about every basin in the state, in addition to other strategies," he said. More Coyote Gulch coverage here, here and here. "colorado water" 7:43:08 AM

McCain: Renegotiate the Colorado River Compact Here's a report on discussion about John McCain's gaffe over renegotiating the Colorado River Compact at this week's Colorado Water Congress summer meeting, from The Durango Herald. From the article: Sara Duncan, who moderated a U.S. Senate debate Friday at the Colorado Water Congress, thanked McCain for uniting Coloradans. "He created a water issue on which both of these candidates could agree, and that is that we should not open the Colorado River Compact." The crowd applauded. Republican Bob Schaffer said reopening the compact would be like a lamb talking about what to have for dinner with a pack of wolves. "This is the only real guarantee and protection we have against more politically powerful, thirsty downstream states," Schaffer said. Utah Gov. John Huntsman this week said he wouldn't oppose new compact negotiations as long as the governors kept control. But on Thursday, some of Colorado's senior water officials sent a letter to U.S. Sen. Ken Salazar in support of Salazar's stand against the comments of McCain and Huntsman. "The law of the river should not be swept aside and new allocations established by discussions among the governors," the letter said. Bruce Whitehead, the director of Southwestern Water Conservancy District, signed the letter, along with his counterpart at the Colorado River Water Conservation District and the heads of water utilities in Denver and Colorado Springs. McCain's renogiation of the Colorado River Compact was discussed at this week's Colorado Water Congress Summer Meeting by Mark Udall and Bob Schaffer. Here's a report from The Grand Junction Daily Sentinel. They write: Though they went out of their ways to highlight their differences, the two joined together in attacking recent suggestions from Republican president candidate and Arizona Sen. John McCain that changing conditions could necessitate the reopening of the 1922 Colorado River Compact. McCain later hedged on his mention of "renegotiation," saying in a letter to the man Udall and Schaffer hope to succeed, Sen. Wayne Allard, R-Colo., that he did not mean what he said. Though Schaffer told the crowd McCain misstated his position, he promised to fight any attempt by lower-basin states to reopen the water agreement. Udall joked that McCain succeeded in uniting Colorado's federal lawmakers, even if only on one issue. "On this issue he couldn't be more wrong," Udall said. The Denver Post obtained a copy of McCain's mea culpa letter to Senator Allard: The Colorado River Compact and water supplies in the Southwest are of great importance to me. My recent remarks may have been mistakenly construed as a call to rescind the compact and commence negotiations for new water allocations. Let me be clear that I do not advocate renegotiation of the compact. This is an approach that is forward-looking, and ensures cooperation in achieving implementation of the compact and the 2007 agreement among the states and the Department of Interior and is mindful of potential technological developments that could potentially reduce water demands in certain areas. A McCain administration would mean an end to the federal command-and-control approach that has failed those of the West. As a Westerner, I fully understand that water is a precious commodity. A federally driven scheme to reopen the compact would run afoul of my longheld respect for the importance of state law and local prerogatives in the allocation of water resources. I understand the complexities of water policy, and under no circumstances would I move forward with Colorado River policies not supported by all the states involved. Instead, the federal government can best assist the Colorado River Basin states by ensuring the cooperation of the Bureau of Reclamation in making water storage efficient and effective, in assisting with additional storage projects in both the upper and lower basins, and supporting states in implementing the compact. The states did a tremendous job in reaching agreement in 2007, and the federal government should simply assist them in furthering that agreement. These are the principles that inform my approach to water policy, and I appreciate the opportunity to clarify them. I look forward to our continued productive dialogues on these issues as we work to find genuine solutions to the water challenges of the West. More Coyote Gulch coverage here. "colorado water" 7:29:02 AM

Kathleen Curry: The basic concept would be to tap into mineral severance funds to begin to address a growing shortfall Here's a recap of this week's summer meeting of the Colorado Water Congress, from The Pueblo Chieftain. From the article: A bill to provide funding for a backlog of capital improvements in water systems is likely be introduced next year in the Legislature. "We are trying to set up a revenue stream for water and wastewater projects," said state Rep. Kathleen Curry, D-Gunnison, chairwoman of the House Agriculture Committee. "That's a significant discussion we need to have." A report this week by the Colorado Municipal League shows the need for state funding has increased since the summer of 2006, when the group first asked lawmakers to address state water infrastructure needs. There are now an estimated 292 drinking water projects estimated to cost $1 billion and 352 wastewater projects at $1.6 billion that need attention, the group reported. Of those, 439 projects are needed for communities less than 5,000 in population and would require $750 million in funding. The basic concept would be to tap into mineral severance funds to begin to address a growing shortfall, Curry said. "We're really short on funds," Curry said. "Small communities are facing compliance issues." The legislative Water Resources Committee met the previous day and is likely to put forward a handful of bills during the 2009 session, Curry said. The mineral severance tax, which now funds many water programs, is the target of Amendment 52 on this year's ballot. Amendment 52 would cap money to the Department of Natural Resources, allowing only increases that parallel inflation, and allocate the rest to a state transportation fund. Curry said that would erode ongoing programs like the water supply reserve account, zebra mussel response and endangered species protection. It also would restrict the state's ability to find large pots of money quickly, as it was able to do in paying off costs to Kansas in the Arkansas River Compact lawsuit in the U.S. Supreme Court. "Arizona has set aside money for potential legal action on the Colorado River Compact. We have to make sure we're ready," Curry said. More coverage of the CWC summer meeting, from The Pueblo Chieftain. They write: A committee looking at ways to streamline water courts is recommending ways to cut down the cost and time of water cases, while still protecting water rights. "We can't have a climate where we chew each other up and is expensive for clients," state Supreme Court Justice Greg Hobbs told the Colorado Water Congress, many of whom are water lawyers or engineers, Thursday. "We want the smallest bills possible for the clients." A committee chaired by Hobbs will continue its work after an initial report to Chief Justice Mary Mullarkey earlier this month. The group has a long list of recommendations that require work by the Legislature, the courts or those who use the courts. In some cases, the recommendations would simplify procedures, but in more complicated water cases, it may require changing how business is done and better education of those who are conducting that business... Some critics say expert witnesses have become advocates or "hired guns" in water cases, a job that rightfully belongs to attorneys, Robbins said. "If you think we are proposing to eliminate gamesmanship in water court, you are correct," [David] Robbins said. Surveys by the committee showed that the top concerns of professionals and clients alike were the timely resolution of cases. Those who answered the surveys said more direct resolution of smaller water cases and more active management of the bigger ones is needed... Doug Clements, an engineer, chaired a subcommittee looking at education programs. Most engineers and lawyers learned the intricacies of water law on the fly in court cases, and probably would have benefitted from classes walking them through hydrologic models. "This is a way to educate baby engineers and baby lawyers in order to give them a head start," Clements said. More Coyote Gulch coverage here. "colorado water" 7:09:00 AM

Arkansas Basin watershed study and model moving ahead The Pueblo Chieftain is running an article about the status of watershed studies, instigated by the Colorado Water Conservation Board, for the Arkansas River Basin and other basins. From the article: A state model that would provide common ground for evaluating water projects in the Arkansas River basin is being developed after languishing for nearly 20 years. A decision support system, authorized by the state Legislature for every basin in the state in 1992 after initial discussions in the late 1980s, was delayed in this basin because of ongoing litigation over the Arkansas River Compact, explained Andy Moore, water resources engineer with the Colorado Water Conservation Board. "The Arkansas basin was left for last, and the main reason was Kansas v. Colorado," Moore told the Lower Arkansas Valley Water Conservancy District board Wednesday. "If we started a DSS at that time it could be used against us."[...] Meanwhile, decision support systems were completed in the Colorado and Rio Grande basins. The CWCB is wrapping up the model for the South Platte now. In the Rio Grande basin, the model played a big part in the recent water court case limiting groundwater depletions. In the Colorado River basin, the first to gain a decision support system, the model has helped in programs to control salinity and to benefit endangered fish. It will also play a big part in the current statewide water availability study, Moore said... While the information for the Arkansas basin has not been sewn together, much of it is available. The CWCB hopes to weave existing data sets into its model, providing a more convenient way to access the information. "When we do one of these, we look at everything that's been done," Moore said. "Everything is documented and you can download it from the Web." In the Arkansas River basin, that could include a massive study by Colorado State University on waterlogging and salinity as well as the abundance of reports on the Arkansas River and Fountain Creek. The Arkansas River basin study could also be the first to incorporate water quality and socioeconomic factors along with water supply. More Coyote Gulch coverage here. In other Arkansas Basin news the Lower Arkansas Water Conservancy District on Wednesday ponied up another $40,000 to help CSU professor Tim Gates' study of the impacts of fallowing and irrigation efficiency on water quality and quantity issues, according to The Pueblo Chieftain. From the article: The impacts of water leasing, increasing irrigation efficiency or removing invasive species like tamarisk must be measured in order to determine if programs are effective, a researcher who has spent the last decade studying valley farms said Wednesday. "Before we can understand how efficiency will benefit us, we have to understand what the efficiencies are," Colorado State University professor Tim Gates told the Lower Arkansas Valley Water Conservancy District. The Lower Ark board approved a grant of $40,000 to Gates, who also receives funding from other sources, including the Southeastern Colorado Water Conservancy District. That's a $5,000 boost from this year's funding level. "I think the work he's doing is the most important work we can be doing," said Lynden Gill, Bent County director. Gates and a team of CSU researchers set out to study waterlogging and salinity on Arkansas Valley farms in the late 1990s. An intensive field-by-field method was used to determine how farming practices affect groundwater levels and water quality. That work was expanded to project impacts on larger farming districts and is being further drawn out to examine consequences of valleywide activities. There could be statewide benefits as well, Gates said. "As we learn to understand how flows could improve in the river with timed reservoir releases, we could see a drop in salinity both within the state and at the border, without violating the (Arkansas River) Compact," Gates said. The CSU studies also will be helpful in the work of a state committee looking at maintaining consumptive use at compact levels as more irrigators switch to sprinklers to improve efficiency. While the state Division of Water Resources fears consumptive use may increase as more sprinklers are put in, Gates said efficient irrigation could actually return more water to the river and improve water quality. More Coyote Gulch coverage here and here. "colorado water" 6:53:47 AM

Southern Delivery System Here's an update on Colorado Springs application for a Pueblo County land use permit (1041) for their proposed Southern Delivery System, from The Pueblo Chieftain. From the article: Colorado Springs applied Wednesday to Pueblo County for a land use permit for its proposed Southern Delivery System. Colorado Springs and Pueblo County are still fighting in court over whether county regulations adopted under the 1974 HB1041 apply to Colorado Springs. Chief District Judge Dennis Maes ruled last year Colorado Springs is subject to the rules and Colorado Springs has sought to clarify the order in advance of a possible appeal. Colorado Springs in April asked Pueblo County for a finding of no significant impact as it launched a series of staff discussions. "The application is being submitted at this time because, subsequent to our evaluation of comments on the draft environmental impact statement provided by Pueblo County's special counsel Raymond L. Petros Jr., the likelihood of obtaining a finding of no significant impact appears improbable," SDS Project Director John Fredell said in the application. "This is a major step forward for the project," Fredell said. "A lot of resources went into putting together a comprehensive and thorough application."[...] Colorado Springs paid Pueblo County $50,000 to initiate the application review process, although the fee for the application has not been set. "We hope that this will allow you to move forward in evaluating the application for completeness," Fredell wrote... In 2005, Petros suggested a dam on Fountain Creek to control additional runoff and more severe flooding that would result from SDS. Petros also included Fountain Creek as an area of interest for Pueblo County at last year's court hearing on Colorado Springs' motion to be excluded from the 1041 process. Other areas of concern to Pueblo County were the size of facilities to be constructed at Pueblo Dam, the disruption to county roads and the potential impacts on property owners along the proposed route of the pipeline. Petros reiterated all of those concerns in his letter to Reclamation commenting on its draft EIS. County Attorney Dan Kogovsek has also been outspoken about Colorado Springs' impacts on Fountain Creek water quality. At a forum on May 5, sponsored by Pueblo City Council, Kogovsek pointedly asked Colorado Springs officials if they would be willing to invest millions of dollars in mitigation for Pueblo County that would be saved by allowing SDS to connect to Pueblo Dam. In Reclamation's analysis, there are two alternatives that route the pipeline through Fremont County, but costs would be $100 million to $300 million more over the life of the project. Fredell has insisted that Fremont County, which does not have 1041 regulations, is a viable option, however. He said he expects to submit a special review use permit application to Fremont County in two to three weeks. Earlier this year, Colorado Springs and Fremont County signed an agreement to expedite SDS. It included a $50,000 payment to offset engineering costs. More Coyote Gulch coverage here. "colorado water" 6:45:53 AM

Aspen sales tax to finance county purchase of water rights? From The Aspen Daily News: "The Pitkin County commissioners took another step Tuesday toward placing two taxing questions on the November ballot, one to better maintain county roads and another to protect local water...The water question is a one-tenth-of-one-cent countywide sales tax that is expected to raise $1 million annually to be spent on protecting the quantity and quality of water levels in local rivers and streams...There is an increasing demand for water from the Roaring Fork and Fryingpan rivers to be diverted under the Continental Divide to the Front Range and there is a threat that the agreements that control water flows in the Colorado River basin could be changed in the future. "The county wants to levy the sales tax in order to pay for legal and technical expertise so it better understands what water rights it may have and the opportunities that may be available to keep water in local rivers and streams despite increasing competition for water. The revenue could also be used to buy water rights or to improve water efficiency, such as lining irrigation ditches to prevent leaks...[Commissioner Rachel Richards] warned that Pitkin County could be 'steamrolled' by outside water interests unless it has a solid understanding of legal and technical issues related to local water flows." "colorado water" 6:33:54 AM

Supply news From The Sky-Hi Daily News: "Grand Park, Fraser's largest developer at the south end of town, is suing the town of Fraser for what it considers a breach of contract in the amount of $383,695, plus interest and attorney fees. In a lawsuit filed in Grand County District Court on July 23, Cornerstone Winter Park Holdings claims Fraser withheld tap-fee reimbursements owed to the developer. The developer's basis for the suit stems from a 2004 annexation agreement outlining terms and provisions concerning the construction of well pumps, treatment facilities, transmission lines, water storage facilities and primary distribution lines, according to the complaint. Language in the agreement outlines reimbursement of tap fees from the town to the special district for the creation of water infrastructure that ultimately benefits the town." Here's a pictorial of water systems around the world, from Water for the Ages. "colorado water" 6:29:22 AM

© Copyright 2009 John Orr. Last update: 3/14/09; 10:27:22 PM.