Monday, July 17, 2006

Local government to regulate watersheds? Wash Park Prophet: "The Colorado Supreme Court agreed to consider two questions related to whether the Town of Carbondale, Colorado, a municipality with home rule powers, has the power to enact a local watershed protection law, today. Opponents of the law claim that state statutes on water quality and agricultural chemicals override the local law. "Carbondale had attempted to prevent the property owner from using or storing herbicides or pesticides on the property near Nettle Creek, without a permit which would have entailed taking measures to prevent contamination of the local watershed, and to obtain compensation for the damage to the town's water main that resulted from it spilling dirt into the creek. When it then sought a permit, it was denied because the city felt that the proposed steps to deal with the problem were inadequate. "At trial, opponents of the law were not allowed to challenge it for procedural reasons. Then, in the Court of Appeals, this decision was overruled and the trial court was directed to consider the merits of the issue. It is not clear at this time if the Colorado Supreme Court's intervention goes to the merits of scope of a home rule local government to regulate watersheds, or will address merely the somewhat esoteric procedural issues presented by the case." Category: Colorado Water 6:54:01 PM     Oil and gas drilling Oil and gas drilling in Palisade's watershed is the subject of this article from the Denver Post. They write, "This year, the Bureau of Land Management put mineral rights on most of the 14,000 acres in the town's watershed up for bid. A Kansas City, Mo.-based company, Genesis Gas & Oil, was the high bidder and plans to drill wells if the BLM overrides the town's protests. Company officials declined to comment while the matter is being reviewed. Townspeople worry drilling could jeopardize the water supply even though BLM officials have said plenty of protections would be in place... "State Rep. Bernie Buescher, D-Grand Junction, and U.S. Rep. John Salazar, D-Colo., are planning to hold a joint hearing in August to delve into the issue of who has protective oversight on watershed drilling." Grand Junction voters may get to vote on an ordinance to give the city more power to regulate oil and gas drilling in their watershed, according to Colorado Condidential. From the article, "The Concerned Citizens Alliance, a chapter of the Western Colorado Congress, needs 1,500 signatures to get their petition on the ballot. Ironically, some Alliance members had recently moved to Grand Junction to escape drilling impacts in Garfield County. Western Garfield County has experienced drilling accidents where several private water wells, irrigation ditches and mountain streams have been contaminated by toxic drilling by-products or chemical truck spills. Should the measure pass, it will increase Grand Junction's ability to regulate industrial activities such as major soil excavation and the transportation and use of large quantities of hazardous materials. The ordinance would also make gas drillers post a 100% bond to cover potential clean-up costs and require energy companies to add more pollution prevention measures to their drilling activities." Category: Colorado Water 7:05:25 AM     Pagosa Springs Whitewater Park Whitewater parks are getting larger and are having more of an effect on aquatic life, according to Corp of Engineers, as reported by the Denver Post. From the article, "Pagosa Springs is in a battle with state and federal officials over water, kayaks, fish - and grout. The San Juan River town has been fighting for a year to get a U.S. Army Corps of Engineers permit to expand its white-water park. The Corps, however, is concerned about the plan's impact on erosion and flood control. The Colorado Division of Wildlife has also voiced opposition because the park could hurt native fish species whose numbers are dwindling. The struggle boils down to how much cement and grout the town will use in the river to build its kayak course... "In the new West - where recreation and eco-tourism are often pitted against wildlife and ecology - no issue is bigger than kayaking. Paddle parks where kayakers scream through high-velocity chutes are exploding in popularity. From Durango to Golden, Salida to Steamboat Springs, there are 15 kayak parks perched on the state's rivers, plus five more on the drawing board. A park can bring in as much as $1.5 million annually to a mountain town starved for summer tourism, according to a study by the city of Golden. The man-made chutes and 3-foot waterfalls are, however, barriers for native fish - like the flannelmouth sucker and roundtail chub - to migrate and spawn, say state wildlife division aquatic biologists... "While town officials fear that a kayak park without the glue to hold it together will be taken out by a flood, they say that given the importance of the park to the local economy, they will follow the Corps' requirements. Kayaking is the fastest-growing outdoor sport in the nation, with a 23 percent increase in participants between 2003 and 2005, according to the Boulder-based Outdoor Industry Association. The Corps may also require the town to rebuild its original 2005 water drop using less grout. Pagosa Springs' park is similar to at least a dozen parks, said Gary Lacy, the project contractor, who has built most of the state's kayak parks. Rivers from the Animas to the Yampa have kayak parks with no ill effects, Lacy said. Pagosa's revival has included replacing rebar netting placed on the banks 40 years ago for erosion control with rock terrace." Category: Colorado Water 6:16:42 AM

© Copyright 2006 John Orr. Last update: 12/29/06; 11:57:48 AM.