Thursday, January 22, 2009

Northeastern Colorado towns line up for severance tax dough Here's an update on the Colorado Municipal League's efforts to use severance taxes to shore up water and wastewater infrastructure from the Haxtun-Fleming Herald (K.C. Mason). From the article: A CML brochure states there are almost 450 communities throughout Colorado of fewer than 5,000 people needing a total of $750 million for water treatment projects. Among the northeast Colorado communities on the list are Akron, Burlington, Eckley, Haxtun, Holyoke, Idalia, Julesburg, Merino, Sedgwick, Stratton, Wray and Yuma for wastewater treatment facilities; and Akron, Hillrose, Julesburg, Log Lane Village and Wiggins for drinking water facility improvements. Adams County also has several special districts on the list, including Berkeley Water and Sanitation district, Eastern Adams County Metro District and North Washington Water Users Association. Donna Davis, the chief fiscal officer for the Colorado Water Quality Control Division, said there has been no money in the small community grant program since 2006. At that time, the legislature approved $1.5 million for each of the drinking water and wastewater grant programs through the capitol development process. More Coyote Gulch coverage here. "colorado water" 6:06:00 PM     San Luis Valley irrigators still waiting for ruling on management plan Here's the latest about State Engineer Dick Wolfe's plans for for an advisory committee to set up groundwater management rules in the San Luis Valley, from Ruth Heide writing for the Valley Courier. From the article: "The basis for the rules and regulations is going to be that basically you have to be in a sub-district or have an augmentation plan or your wells will be shut off," said Craig Cotten, Division of Water Resources Division III. Although the court has approved the Valley's first water management sub-district, located in the closed basin area of the Valley, approval of the sub-district's management plan is still pending with the court. Other sub-districts throughout the Valley are on hold as their organizers wait to see what happens with the first water management sub-district. Rio Grande Water Conservation District (RGWCD) Attorney David Robbins anticipated District/Water Judge O. John Kuenhold would rule on the management plan by the end of this month but did not have any definite indication of when that ruling would come down. "I am hopeful," he said. Kuenhold held a trial last fall regarding the plan and heard closing arguments in December. "It's obviously a very complicated case for him," Robbins said. "There are some pretty diametrically opposed views how the sub-district can and should function ... He understands as well as anyone that the other sub-districts are standing in the wings waiting until there is a clear legal standard that they are going to be able to identify and comply with. Hopefully we will hear from him soon." Robbins said fellow attorney Ingrid Barrier has put in a significant amount of time drafting documents for subsequent sub-districts so they will be ready to move quickly once Judge Kuenhold's ruling is announced. Meanwhile, the delay in getting the first sub-district operational (and able to collect fees to support itself) is creating a financial strain on the sub-district's sponsoring organization, the Rio Grande Water Conservation District. District Manager Steve Vandiver told his board this week that so far the sub-district efforts have cost the water district more than half a million dollars in engineering and legal fees as well as district staff time and other expenses. This represents a six-year effort so far, he explained. Vandiver said while a court decision is still pending on the sub-district management plan, progress is moving forward on a CREP (Conservation Reserve Enhancement Program) application that will help fund the sub-district. Vandiver said a pre-submission of the CREP application is currently drawing comments from Washington. More Coyote Gulch coverage here, here and here. "colorado water" 5:16:06 PM     Mike Bartolo: Water court only protects the people who have the resources to protect themselves Here's a recap of Wednesday's meeting of the Lower Arkansas Valley Water Conservancy District where sales of Bessemer Ditch shares to the Pueblo Board of Water Works (and others) was discussed, from Chris Woodka writing for the Pueblo Chieftain. From the article: "If we don't move now, the single most productive farmland in the state will be raped for generations to come," Mike Bartolo told the Lower Arkansas Valley Water Conservancy District Wednesday. Bartolo, 46, is a fourth generation farmer on the Bessemer Ditch and owns only about 12 shares. His job at the Colorado State University Agriculture Research Center, where he has worked 18 years and been the head for four years, has taught him well what happens when water leaves the land, however. The station is on the Rocky Ford Ditch, the vast majority of which was purchased by Aurora in two rounds of sales in the early 1980s and late 1990s. "I've been through this rodeo before," Bartolo said. "This time, it's personal." The Pueblo Board of Water Works is buying about 7,000 shares of the Bessemer Ditch, about 35 percent, at $10,150 per share. It sent out a letter this week explaining the sale and is planning a special meeting in March to answer questions. Ditch President Bob Centa said no shareholders have been forced to sell and the rights of non-sellers on the ditch will be protected... Bartolo said he agreed with some of his neighbors - including Leonard Di-Tomaso, who is seeking a seat to represent non-sellers on the Bessemer board - that all of the options available to Bessemer shareholders have not been fully explained. Bartolo said he wants to form a Bessemer Alternative Coalition that would make sure shareholders receive fair compensation, are aware of other options like the Lower Ark's Super Ditch and bring together the people of Pueblo County to protect water interests... [Alan Ward water resources manager for the Pueblo Board of Water Works] said the Pueblo water board tried an open approach to all shareholders at its failed attempt to buy a controlling interest in the Bessemer Ditch last year. This time, it went the other way, contacting some shareholders on parts of the ditch where it believed the purchases would be most beneficial to the water board... Ward said the water board would work to change articles of incorporation and bylaws to use the water outside Bessemer Ditch boundaries, which could be a common purpose with those who want to participate in the Super Ditch... Bartolo said most shareholders on the Bessemer Ditch have no idea they are eligible to participate in the Super Ditch, something he found out only after attending a meeting of the Super Ditch board on Tuesday. John Schweizer, a Rocky Ford farmer who is president of the Super Ditch, said there is nothing that prevents any farmer along the Bessemer Ditch from signing up shares for the Super Ditch. When the group incorporated last year, there were no takers from the Bessemer Ditch, although some representatives from the ditch participated in the meetings that led to incorporation... "Water court only protects the people who have the resources to protect themselves," Bartolo said. "We don't." More Coyote Gulch coverage here. "colorado water" 6:40:35 AM

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