Tuesday, June 13, 2006

State high court affirms state engineer's limits on pumping groundwater Pueblo Chieftain: "The Colorado Supreme Court on Monday upheld a ruling that allows the state engineer to set limits on pumping groundwater, a key issue for farmers around the state who are struggling through drought. The ruling comes in a case that involves about 1,000 well owners in the South Platte River Basin and it means they can continue to pump groundwater as they long as they replace it. The court upheld a ruling that the state engineer can approve augmentation plans and set limits, even when there is no evidence well owners are violating water rights. State law requires well owners to submit augmentation plans outlining how they expect to restore water to the river basin after they use it on their land. The Harmony Ditch Co. and others appealed the ruling to the Supreme Court for review of the water court's decree approving an application for an augmentation plan that was filed by the Central Colorado Water Conservancy District. The water court, in its decree, imposed a curtailment against the well owners to limit the amount of water that could be pumped if they didn't own the water rights. Harmony Ditch said the water court erred, arguing that curtailment of out-of-priority diversions is authorized only when the augmentation plan is not being operated in compliance with other terms and conditions of the decree. The state's high court disagreed." Category: Colorado Water 5:56:58 AM     Fountain Creek management Ray Petros made a presentation last night the Pueblo City Council about the management of Fountain Creek, according to the Pueblo Chieftain. From the article, "Pueblo City Council Monday considered a plan that would combine flood control, recreation and water reuse on Fountain Creek, raising questions about the feasibility of the project and how it affects a 2004 intergovernmental agreement. Pueblo County land-use consultant Ray Petros, a Denver water lawyer and former Puebloan, presented an integrated plan that he said encompasses the visions of several efforts to improve Fountain Creek water quality... "Petros first introduced the concept of incorporating flood control with a Colorado Springs Utilities plan to recycle water during hearings on the proposed Southern Delivery System last fall. Colorado Springs Utilities included recycling return flows from water imports into its 1996 water supply plan, but has opted to pursue SDS, a 66-inch diameter, 43-mile diversion directly from Pueblo Dam. Petros wants Colorado Springs to recycle first, and build a pipeline later. He also wants to tie the problems on Fountain Creek to SDS... "Dam sites on Fountain Creek are identified in a 1970 U.S. Army Corps of Engineers report drafted in response to the 1965 flood, but were never built because of funding, Petros said. Meanwhile, the problems of erosion, sedimentation and water quality have remained unsolved, and more flooding has meant more studies. Now, Colorado Springs and surrounding areas have grown, turning Fountain Creek into a river whose year-round flows are largely treated sewage. Building in the area, paving more surface area, means future flooding could be dramatically worse, Petros said. Petros' idea is to bring efforts like Peak to Prairie and the Colorado Front Range Trail Project into a unified planning process for Fountain Creek... "Petros could not answer all of the technical questions, but compared the flat terrain to similar sites of Denver flood control dams - Cherry Creek, Chatfield and Bear Creek reservoirs. All were built by the Corps of Engineers primarily for flood control, but now are prime recreation and multiuse sites. Bear Creek, in particular would be a model for a Fountain Creek Dam, with a low permanent pool, but the capacity to hold back a big flood." Category: Colorado Water 5:53:38 AM     Good Samaritan bill hearings tomorrow The U.S. Senate Energy and Natural Resources Committee plans to review the "Good Samaritan" bill on Wednesday, according to the Rocky Mountain News. The bill is a joint effort from U.S. Senator Wayne Allard and U.S. Senator Ken Salazar. From the article, "The legislation will encourage companies, community groups, environmental agencies and others to volunteer and use their own resources to help clean up inactive, abandoned noncoal mines with a permit issued by the Environmental Protection Agency. It will also release the good Samaritans from any liability for the pollution. Now, full responsibility for a mine site's contamination rests with those in charge of cleaning it up. According to Salazar communications director Cody Wertz, one of the most common tasks will involve the tailing piles - mounds of dirt and debris left behind from mining activity - which may hold chemicals that can leach into and contaminate nearby streams and other water sources. Mining companies, river conservation coalitions, land groups and communities have vested interests in the environmental safety of the old mine sites, Wertz said. The senators hope Congress will pass the act this year. The proposed legislation is not designed to replace the EPA's Superfund program, which uses federal money to contract companies to clean up large, hazardous waste mining sites, Wertz said. The mines covered by Salazar and Allard's proposal include those that do not qualify for Superfund status but still need to be cleaned up." Category: Colorado Water 5:37:10 AM

© Copyright 2006 John Orr. Last update: 12/29/06; 11:47:31 AM.