2007 left many water watchers breathless. There was activity all over the state. New storage, new plans for storage, riparian habitat success and additions to whitewater recreation. 2007 saw progress on solving Colorado's long term water outlook through the basin roundtable process and tough negotiations coupled with a view towards statewide cooperation. Changes in weather patterns and runoff worried many. There are many potential demands on Colorado's remaining water, unbridled growth in some communities, agriculture, renewable energy, potential oil shale development, recreation, oil and gas and the water requirements traditional from coal fired generation. All are contributing to future shortage forecasts. For farmers along the South Platte River and Republican River more well shutdowns loomed while the San Luis Valley hoped to avoid involuntary shutdowns with engineering and cooperation. Coloradans started planning for a possible call on the Colorado River from the lower basin states. Douglas County started looking at collecting rainwater for sprinkling needs. We mourned the passing of Anthony Williams, W.D. Farr, Bob Hite and John D. Brown. Nolan Doesken won a 2007 Environmental Hero award from the NOAA for founding the Community Collaborative Rain, Hail and Snow Network.
The Clean Water Act turned thirtyfive in 2007 with calls across the country to roll back recent decisions by the Bush administration regarding the act's enforcement and the realization that 25 percent of rivers and 43 percent of lakes still fail to meet water quality standards. Salinity levels however are declining across the Southwestern U.S. In March we celebrated World Water Day. A report from Colorado State University showed how the thousands of dams in the U.S. have had a detrimental effect on biodiversity, contributing to the ecological homogenization, of our waterways. Commerce City opened their new Wetland Park. Water projects led to the first override of a President Bush veto in November after he decided that the Water Resources Development Act contained too much pork for his liking. In June state water watcher's eyes were on Southern Colorado when the House Water and Power subcommittee met in Pueblo. The meeting was a follow up a February meeting hosted by U.S Representative Grace Napolitano chair of the committee. CloudSAT celebrated it's first birthday and the 6 terabytes of data that has been sent back to earth for scientists to chew on. Glen Canyon Dam turned 50 with calls to decommission it.
Schools in Colorado continued their involvement in researching Colorado's water issues. The Colorado School of Mines set up AQWATEC to give their students research opportunities. CSU put their water resource archive online along with hosting a database on groundwater quality with the Colorado Department of Agriculture and the Colorado Department of Public Health and Environment. In April Colorado College hosted their annual conference on the State of the Rockies.
In September Denver University released the findings of the DU Water Futures Panel. The panel was made up of movers and shakers from government and industry. The report included nine key proposals aimed at protecting the state's water resources: Embracing fairness, trust, respect and openness in water supply planning; Encouraging water conservation; Encouraging partnerships between urban and agricultural water users; Eradicating non-native phreatophytes (high water consuming plants, such as tamarisk and Russian Olive); Streamlining the Water Court; Encouraging statewide perspective on water storage and infrastructure projects; Facilitating cooperation between river basins; Planning for potential climate change and drought; Maintaining healthy rivers and in-stream flows. The panel maintains that Colorado will not meet its water needs in the coming decades without collaboration among groups that have historically fought.
A streamline of the state water courts is in the air. In addition to the DU Water Futures Panel Governor Ritter's South Platte River Task Force also recommend the change. Judge Maes, down in Pueblo, is opposed. Colorado Chief Justice Mary Mullarkey appointed a panel to review possible changes asking that they, "identify the issues most critical to the fairness and efficiency of the water court process and make recommendations."
The Interbasin Compact Committee launched a new website in September.
Snowpack early on was pretty good but evaporated for the second year in a row during a warm spring with runoff starting a month earlier that in the past. Reports from the West slope said that the snowmelt was disappearing, "faster than swag at the X games." Chris Treece from the Colorado River District summed up conditions as "crazy warm," echoing drought worries in the Grand Valley.
There was an unusual east-west distribution of snowfall through the winter with the Eastern slope getting most of the storms. The warm and dry spring led to drought conditions in Northeast Colorado in July. Mayor Hickelooper and Mayor Ed Tauer wisely kept up the push for conservation despite record snowfall and reservoir levels . In April the South Platte was a "free river" for a while. In June the Blue River was also declared "free" with stream flow the best in 10 years.
Once again the North American Monsoon bailed out streams and reservoirs. Some scientists maintain the climate change is effecting the monsoon making things wetter across the Southwest in late summer. Others see the possibility that drought will become the norm.
Memories of the recent drought and the continued draw down of the Denver Basin Aquifer System nudged some El Paso water providers to create the Pikes Peak Regional Water Authority. They're looking at solutions, including water from the Arkansas River via Colorado Springs' Southern Delivery System or contracting for water from the proposed Super Ditch, a project designed to fallow irrigated farmland on a rotational basis to prevent the permanent dry up of farms in the valley. Another potential source could be the Stonewall Springs project which includes the Phantom Canyon Project. The promoters are looking to store water and generate electricity.
At the end of the water year reservoir levels across Colorado were sitting at about average but snowpack was low across the state after a dry November. It looked like Colorado was setting up for a typical dry La Niña winter. Forecasters expected the event to last into 2008. There was a big turnaround in December with good snowfall with high moisture content across Colorado. It turned out to be a pretty good water year in the San Luis Valley.
There were three centennial celebrations of note in 2007. The ditch company that brought North Sterling Reservoir into being turned 100 this year. The Greeley Water District celebrated the 100th anniversary of their water works with reservoir tours and other activities, including the "Colorado Water, Liguid Gold," exhibit. The San Luis Valley celebrated 100 Years of San Luis Valley Reservoirs. Events included a daily symposium at Adams State College. Speakers related the history of irrigation in the Valley while also elaborating on the challenges the lie ahead.
Cutthroat recovery in Trappers Lake and Hermosa Creek made the news. A new fish friendly diversion structure was placed on the Gunnison River while construction started on a diversion for the Colorado Pike Minnow at the Price-Stubb Dam on the Colorado River. Turquoise Lake got trout from the Leaville hatchery after the hatchery was declared free of whirling disease. Cheesman Reservoir opened for fishing for the first time since the Hayman Fire in 2002. Antero Reservoir, a victim of drought re-opened on July 17th. Officials finished a habitat enhancement project at the Coller State Wildlife Area.
Demands on wastewater treatment and water facilities caused many local organizations to raise rates, upgrade and build new facilities. Estimates are as high as $2.3 billion for infrastructure needs in the state. Aurora continued building Prairie Waters stirring up residents with hikes in water rates to cover costs. Reuse was in the news as Colorado Springs brought their J.D. Phillips Water Reclamation Facility online and the first timid steps towards using gray water took hold up in Boulder County. Western Resource Advocates issued a report about municipal water consumption along the Front Range.
Reclamation welcomed a new area manager, Mike Collins. He gets to deal with the Aurora Long-Term Contract lawsuit along with another lawsuit filed by the Northern Colorado Water Conservancy District over payments for municipal deliveries.
Water was on the ballot in 2007. Eastern Fremont County voted to be included in the Upper Arkansas Valley Water Conservancy District. At the end of the year the vote was being challenged in court. Up in Aspen the ballot issues were about hydroelectric power and funding stormwater improvements.
Troubled Waters
The EPA awarded a Targeted Watershed Grant to the Clear Creek Watershed Foundation. The grant celebrated, in a way, the successes in cleaning up the watershed from mine pollution. Mining was also the culprit up in Summit County where they launched a program to restore the Swan River and introduced the Snake River Watershed Plan. In November The Telluride Watch published the Annual State of the San Miguel River Report.
Many water providers struggled with various pollutants during the year. Sterling is battling trihalomethanes at levels above the state minimum. Frisco discovered EDB in one of their wells. Everyone is happy that the well is not connected to the town's water supply but they're interested in solving the mystery of it's origin. In September the Big Thompson Watershed Council presented the findings of their 6 year study of water quality in the river. Agriculture gets much of the blame for problems along the Big Thompson. Also in September an Environment Colorado report was pushing the idea of more state water quality inspectors to help with the decline in water quality over the state.
Paonia's water suffered from turbidity during the summer. Fountain Creek experienced it's now annual high levels of E.coli during the summer as did the South Platte at Confluence Park. Merino informed customers of their system that the water exceeds state levels for uranium.
A report released in December showed high levels of mercury contamination in the San Juan Mountains in Southern Colorado. The Colorado Division of Wildlife updated us on their attempt at understanding the high levels of mercury in Horsetooth Reservoir and Carter Lake in May. The Colorado Department of Public Health warned about mercury in Trinidad Lake and Horseshoe Reservoir in April. In January Totten Reservoir was added to the list as was Purdy Reservoir. In February La Plata County announced a mercury monitoring program for Vallecito Lake and the Los Pinos River and the Colorado Air Quality Control Commission voted for stricter rules for power plant emissions. Also in February Xcel and other state utilities agreed to cut mercury emissions by as much as 80% at some plants.
In December the Avondale Water and Sanitation District was busted working in the Arkansas River without a permit from the Army Corps of Engineers. The Environmental Protection Agency ordered them to remove all unauthorized material placed into the river and to restore the river to pre-impact conditions.
At a November meeting of the Legislature's Water Resources Review Committee the Colorado Water Conservation Board presented a plan to study water quality in the Arkansas Valley. In October non-point source pollution was the subject of a lecture in Pueblo. They learned that cosmetics, pharmaceuticals, antibiotics and other household pollutants are now showing up in measurable quantities. In June a report on a study of irrigated land determined that pharmaceuticals present in treated wastewater were measurable in soils.
As costs for fuel for hauling and disposal of septage increase instances of illegal dumping increase. 3 Western Slope Counties worked with haulers to increase regulation so that everyone could play by the same rules.
One rehabilitation success story that received rave reviews in 2007 concerned the Animas River below Silverton. Everyone involved found the middle ground between restoring it to wilderness and the hopelessness of trying to improve things.
Grand Lake
Grand Lake made the news over the summer. The lake's clarity is suffering from algae growth due to the warmer water that is pumped up out of Shadow Mountain Reservoir as part of the Colorado-Big Thomspson Project along with stormwater runoff from the communities in the area. Potential solutions include, shutting down the pumps that draw water into the Alva Adams Tunnel under Rocky Mountain National Park, construction of a different pipeline designed to bypass Grand Lake altogether and a state mandated clarity standard.
Stream temperature regulations
Climate Change and reduced flows in our streams are raising water temperature impacting trout and other species. In 2007 Colorado moved to adopt stricter stream temperature regulations. The new temperature limits are based on scientific studies from laboratory work. The rules include criteria for acute conditions (peak temperatures that can kill fish within days), and for chronic conditions -- warm temperatures that, over a longer period, can impair reproduction and growth. The limits are broken down for different types of fisheries, from high mountain trout streams to lowland ponds and rivers with habitat for completely different species. Any new developments will now have to take into account the new rules from the Colorado Water Quality Control Division.
32nd Annual Colorado Water Workshop
Each year Western State College and the city of Gunnison host the annual Colorado Water Workshop. Discussions this year focused on Colorado's unappropriated water in the Colorado River System. One hot topic was Aaron Million's proposed pipeline to the Front Range from Flaming Gorge Reservoir. One critic mentioned that oil shale development would be a better use of the water while others think that the water will be needed to satisfy the Colorado Compact requirements as climate change reduces flows in the river. Others hope to drain Lake Powell.
Colorado River Call
The possibility of a compact call on the Colorado River was a big topic in 2007. Some accuse West Slope interests of alarmism. Others, including legislators, want to adopt rules now in anticipation of a call. They're especially interested in making any water court decrees after a date certain subordinate to the Colorado Compact. The West Slope is confident that they know who will be ordered to curtail use if push comes to shove between watering crops and recreation or providing water to households in Las Vegas, Los Angeles, Phoenix and along the Front Range.
South Metro Water Supply Authority
The South Metro Water Supply Authority worked out a water conservation plan early on in 2007. The plan will take care of approximately 75% of their combined needs without tapping new water sources. They also hired former Director of the Colorado Water Conservation Board, Rod Kuharich, as their executive director. Mr. Kuharich has an easy job we're sure since he only needs to find $1 billion to take care of infrastructure and supply problems. Completion of Parker's Rueter-Hess Reservoir is key to their plans.
Conservation
Conservation can take several forms including conservation easements, directed agriculture practices and the reduction of municipal and industrial uses. Some experts feel that subdivisions flow from pipelines. Aurora teamed up with the University of Colorado's Western Water Assessment Program to help the city determine what efforts work most effectively to promote conservation. Colorado Springs continued to bang the drum of conservation despite normal water supply levels.
In January Castle Rock adopted a water conservation plan. Denver joined the EPA's Water Sense Program in July after launching their conservation program, "Use Only What You Need," earlier in the year. Fort Collins started on a plan in October with a call for public input. Orchard City adopted emergency drought rules to deal with the inevitable periodic droughts in the Grand Valley. Centennial released their plan to the public in December.
The San Isabel Ranch was rewarded for their conservation efforts in June with a $10,000 Aldo Leopold Award from The Wildlife Society. In September Trees, Water & People scored an EPA grant for $762,340 to dole out to local watershed groups.
Conservation easements
Conservation easements are a great way to preserve farming and ranchland, the way of life, the riparian environment and the aesthetic aspects of our rivers and streams. In March the Nature Conservancy announced an new easement along the Mancos River that, combined with another 167 acres from an easement from the Montezuma Land Conservancy, brought the total easement acreage along the river to 1,500 acres.
Boulder purchased 259.25 acres along Boulder Creek in Weld county in November along with water rights in the Nelson Reservoir #1 valued at $1.1 million. The conservation easements will cover eight ponds, Boulder Creek, and surrounding stream banks and riparian habitat.
The Colorado Cattlemen's Agricultural Land Trust and The Nature Conservancy of Colorado purchased a key piece of land on Saguache Creek known as the Laughlin Gulch Ranch and placed it under a permanent conservation easement. Since 2001, the trust has purchased 14 conservation easements on the irrigated ranches that line Saguache Creek, protecting about 11,000 acres.
Conservation easements monkey business
Who would of thought that anyone would try to beat the state out of tax revenue using conservation easements? Well someone did, so in November the state started an investigation into the practice. The Department of Regulatory Agencies Division of Real Estate issued 30 subpoenas targeting overvalued properties. At least one appraiser's license was suspended. Early on the investigation focused on an Arvada land trust, Noah Conservation. The ranches under investigation included two in Adams County and one each in Elbert, Arapahoe and Huerfano County.
In December state lawmakers started looking at legislation aimed at plugging holes in the conservation easement valuation system starting with a task force to assess the problem and recommend solutions. The task force recommended certification of trusts, more oversight of appraisals, appraiser education, changing confidentiality rules for easements, allowing the Department of Revenue the opportunity to request a review of appraisals that seem out of line all in an attempt to scrutinize the deals earlier in the process. The IRS offered some offenders a deal in December.
Planning
The importance of planning for the future was not lost on communities and organizations across the state.
Over in the Roaring Fork Valley the Watershed Collaborative is looking at keeping the quality and quantity in the river at or above today's levels. The collaborative, sponsored by the Ruedi Water and Power Authority includes The Nature Conservancy, Roaring Fork Conservancy and Colorado River Water Conservation District. The biggest worry in the valley is the old nemesis Front Range water grabs.
The Barr Lake watershed plan, a product of the Barr Lake and Milton Reservoir Watershed Association was released in March. Wellington hoped to reduce the cost of water for the town by crafting a plan to incorporate water from additional sources into their supply mix. Grand Junction is revisiting their plan to see if their dependence on Grand Mesa snowpack leaves them vulnerable to climate change.
Playas
Awareness of the importance of the Great Plains playas to the health of aquifers is growing. Playas also provide critical habitat.
Shoshone Hydroelectric Plant
Water touches everything in the human experience it seems. Early in 2007 there was a failure at the Xcel's Shoshone Hydroelectric Plant in Glenwood Canyon so part of the plant was shutdown for repairs leaving a 1,400 cfs water right to be unused until spring 2008. This had the potential to effect flows through Glenwood Canyon since other rights holders, junior to the 1911 Shoshone water right, could ask for the water subject to their decrees. Less water in the canyon fueled fears of lowered water quality along with less water for rafters. The Colorado Pike Minnow and other endangered species helped out the rafters since a minimums flow of 810 cfs is needed to support their habitat and that's enough for the late summer boating season. Releases from Wolford Mountain, Green Mountain and Ruedi reservoirs contributed to the increased flows. The absence of a Shoshone flow requirement fueled worries that stream flow in the Colorado above Kremmling might not be adequate for trout populations. The late summer rains helped to solve the problem adding to the endangered species stream flow along with the Northern Water Conservancy District bumping releases from Lake Granby. Jim Pokrandt (Colorado River District) said, "Nobody had to go too deep because the rains saved us."
Colorado State Government
Colorado's elected officials can't help themselves when it comes to involvement in water issues. Governor Ritter keynoted the 49th Annual Conference of the Colorado Water Congress and set the theme for his water policy: reuse, shared water use, conservation and additional storage. The governor added that he has sensed a new attitude of collaboration across the state. He shocked some observers in January when he announced, during an interview for The Grand Junction Daily Sentinel that, "I believe the days of the transmountain diversion are over." Harris Sherman amended their position a bit later in the year saying that he, "Believe[s] that the day of the forced transmountain diversion are over."
State lawmakers started hinting at proposed legislation at the summer meeting of the Colorado Water Congress in Steamboat. Constituents can expect legislation that addresses water quality, wastewater treatment funding, water storage projects, a Western Slope water availability study, produced water from oil and gas development and a possible requirement for homebuyers to transfer ownership of their water wells.
State Senator Jim Isgar plans to introduce legislation that would limit the rights of future projects saying, "We're putting the burden on them...If they're so convinced there's excess water and they want to come build a project, let 'em do it. But know that we're not going to let them pump unless there's a certain level of storage available." His bill would limit withdrawals for new projects unless existing storage is at a certain level, say 70%. State Representative Kathleen Curry is sympathetic to the bill saying, "They want to continue to take water out as if there were no chance of a shortage," and calling the bill, "visionary." Steamboat attorney Tom Sharp worried that the legislation would make agriculture more of a target due to early priority of some agricultural decrees. Both sides are coming at the problem as part of the solution to curtailment under a call on the Colorado River.
Curry has developers in her gunsight. She's hoping to convince the legislature to require a sustainable water supply for new developments. Discussions are underway to determine if that would be a 50 year or 100 year supply. Chris Treece from the Colorado River District commented on the proposed legislation saying, "But it's also...that decisions aren't made well in crisis. Our first approach in public policy ought to be not to create the crisis." The hope of the legislation is to prevent water shortages to begin with unlike the development in Douglas and El Paso Counties.
Not all legislation starts out with the lawmakers. Conservationists are hoping that the Democratic majority and a sympathetic governor will pass legislation that will ease the job of keeping water in the streams. HB 07-1012 was signed by Governor Ritter in March. The bill makes it easier for water rights owners to 'loan' water to boost flows in rivers and streams. Under the new law, an owner won't be penalized for abandoning water rights when a loan is made. "[Lenders] won't get credit for it and they won't get a zero for it," said Linda Bassi of the stream and lake protection section of the Colorado Water Conservation Board.
HB 07-1329 made it through the legislative process and Governor Ritter signed it in May. The bill was designed to increase funding for the Water Quality Control Division, enabling the division to hire two new full time inspectors along with establishing and modifying fees paid for various permits by water providers and wastewater dischargers.
Another effort is to increase funding for in-stream rights for the Colorado Water Conservation Board. They have the authority to purchase water to protect fish habitat during low flows but are often junior in priority. Tax credits for water loans are another idea in the works.
The state legislature passed a new law establishing to authority for the formation of groundwater sub-districts in the Rio Grande Water Conservation District. The first sub-district was formed in June and the rules were being challenged in court at year end. The law is an attempt to avoid shutting down groundwater wells involuntarily without compensation.
In January HB 07-1036 was introduced by freshman Jerry Sonnenburg in the legislature. The opposition was led by the Colorado Municipal League and Denver Water. The bill was an attempt to restrict government from condemning water rights as an acquisition strategy. State representative Al White supported the bill in an effort to protect farmers that enter into fallowing agreements saying, "I'll tell you where the problem will come. It will come from these long-term fallowing agreements and long-term water leasing agreements...Imagine if you can, that the city of Colorado Springs acquires a long-term lease right to water. Twenty years from now when that lease expires and the farmer wants his or her water back, is Colorado Springs going to say, 'You know what, we've got plenty of water for our people. We haven't grown in the last 20 years.' You know what folks, it's not going to happen that way. What's going to happen, Colorado Springs will go to the farmer and say, 'I'm going to condemn your water.' That's why we need this bill.'" In support state representative Randy Fischer argued that, "A vote for this bill is a vote for violating the constitution. Eminent domain is seen as a safety net for unforeseen circumstances. This bill leaves (government entities) with no flexibility." The bill did not receive final approval last session. The last entry on the legislative website reads, "Senate Consideration of First Conference Committee Report result was to adhere."
HB 07-1132, signed by Governor Ritter in March, allows the state water courts to consider water quality and environmental impacts along with water quantity as part of the determination on large permanent transfers. By limiting the scope of the bill to permanent large transfers (greater than 1,000 acre feet) it won support from traditional opponents, including lawmakers from Colorado Springs and Aurora. During debate on the bill state representative Frank McNulty said, "This bill is not about water quality. This bill is about stopping the movement of water throughout the state of Colorado, and I think that's a problem." The primary sponsor in the state house, Buffie McFadyen said, "We've had to go through a lot of trying times and a lot of trying years," to get to this point. She had sponsored similar measure in 2006 only to see it go down by one vote.
HB 07-1341 also made it to the Governor's desk for his signature during 2007. The law revamped the Colorado Oil and Gas Commission along with directing it to consider damage to the land, water and air during the permitting and operation processes.
In April Governor Ritter signed HB 07-1197, sponsored by state representative Randy Fischer, giving counties the right to enforce EPA regulations against polluters. Counties have traditionally relied on state agencies for enforcement.
Governor Ritter made three high-profile political appointments in 2007. In January he named Harris Sherman to lead the Department of Natural Resources. It's Sherman's second time around since he served under former Governor Dick Lamm in the late 70s and early 80s when the two were fighting unsuccessfully for the Narrows Dam.
It took the governor until November to name Dick Wolfe as the new State Engineer. Wolfe, assistant state engineer, was fresh off leading the governor's South Platte River Task Force. He worries about balancing science and demand. Priorities include quantifying of Colorado's remaining water and establishing the legal, administrative and socioeconomic models needed to plan for the future.
The governor chose Jennifer Gimbel to lead the Colorado Water Conservation Board, replacing Rod Kuharich. Under her direction it is expected that the board will look at their duties though a different lens that considers habitat, stream health, recreation and sustainability; an approach that will be less focused on dams and diversions to fuel growth.
Municipal Watersheds, city and county regulation
During 2007 local governments across the state sought to extend regulations in their watersheds. In June the Colorado Supreme Court ruled that counties can impose regulations on the oil and gas industry as long as the regulations do not conflict with the Oil and Gas Conservation Commission regulations. In August Grand Junction passed new rules. The appellate court ruling identified eight areas where local government could create regulations: water quality, soil erosion, wildlife and vegetation, livestock, geologic hazards, cultural and historic resources, wildfire protection and recreation and permit duration.
Garfield County also started looking at new rules. The county commissioners included most of the suggestions from an energy industry group called the Garfield County Regulatory Working Group in their revised ordinance while citizen's groups asked for greater separation between wells, open waste pits and homes than the Colorado Oil and Gas Conservation Commission's 150 feet, buffer between oil and gas operations and water bodies, tougher standards on emergency preparedness and response, noise control and visual impacts and a water quality protection scheme that requires baseline water quality data and follow-up monitoring as long as the industry operates in the county.
In October Carbondale won a case over regulating pesticides in their watershed. They had instructed local rancher to stop the use of pesticides that were damaging their water supply. Colorado's Watershed Protection Act allows cities and towns to control land use within five miles of their water source.
In November the Colorado Supreme Court agreed to hear the Colorado Mining Association's challenge to Summit County's ban on cyanide heap leeching.
Towards the end of the year Salida started looking at creating a watershed district. Local ranchers worried that the district would negatively impact their operations while the U.S. Forest Service was unsure if activities on federal land could be required to obtain a local permit.
South Platte River Basin
Things along the South Platte River sort of slowed down in 2007 after drought, wildfires and depleted reservoirs. A big problem is silt in the stream and Cheesman Reservoir from the Hayman fire in 2002. Pressure on the stream's water from unbridled growth along the Front Range continues the forecast for more ag dry-ups in the future. U.S. Senator Wayne Allard did his part in the Congress working to secure funding for flow meters and automated data loggers for the stream and for wells to help establish a useage baseline.
The Denver Post highlighted the river from stem to stern in July with a series of articles exploring the basin and the recreation opportunites it provides, Part I, Part II, Part III, Part IV, Part V and Part VI.
The Greeley Tribune also ran a series on the South Platte in 2007. The opinion pieces focused on the shutdown of wells in the alluvial aquifer and the effects on the economy and water rights along the river. Part I, Part II and Part III.
The Tribune's series was part of the dialogue set up by Governor Ritter's South Platte River Basin Task Force. They delivered their recommendations towards the end of October. The task force included names from state government, agriculture, industry, water providers and local government. It came about from a meeting in Wiggins in March. While the task force was meeting the court case over allowing some wells in the Central Colorado Water Conservancy District's augmentation district was ongoing.
It looks like the effort to allow some irrigators in the Central Colorado Water Conservancy District to begin pumping again has paid off. In November the judge overseeing the district's case ruled that the owners in Central's Weld Augmentation Subdistrict are due a decree for wells covered by the permanent augmentation plan. If things go well some irrigators will be sprinkling again in the spring. Central's attempt to establish a new groundwater basin in the Box Elder drainage to allow irrigators to pump again failed in May.
In July the Army Corps of Engineers chickened out on plans to use excess capacity in Chatfield Reservoir as increased storage for Highlands Ranch, Castle Rock and Aurora. The primary function of the dam as designed is flood control and the high water and "free river" conditions on the Platte through the spring were cited in the delay.
Platte River Cooperative Agreement
2007 was the year to put management practices and money around the South Platte River Agreement signed by Dirk Kempthorne late in 2006. In October the House Natural Resources Committee finally approved some dough with H.R. 1462. They expect to pay half of the $317 million price tag with the other half due from Nebraska, Wyoming and Colorado. In September Jerry Kenny was named Executive Director for the project.
Yampa River Basin
In November The Rocky Mountain News highlighted the Yampa River and Erin Light, the first woman to oversee a major Colorado River. She and her crew are instituting measurement procedures for the first time on the river. Holdouts call the regulation a, "nuisance." Light's great-great-uncle was Elwood Mead. He leant his name to Lake Mead on the Colorado River.
The warm dry spring led to a voluntary fishing ban through Steamboat in July.
Yampa Pumpback
The big news along the river was the Yampa Pumpback project proposed by the Northern Colorado Water Conservation District. In September the Yampa/White River and South Platte Roundtables held a joint meeting on neutral turf up in Walden (North Platte Basin). One Northern staffer sees benefit to 5 basins if the project is built. The Yampa will get more storage (500,000 af, near Maybell), the North Platte could get more water (they're not really short), the South Platte can avoid drying up more agriculture. Finally, there may be less pressure on the Arkansas and Colorado rivers by Northern, Aurora and Denver Water if the utilities hold off on developing the rights they own on the Fraser and Eagle. Aurora could avoid moving more water out of basin leaving water in the Arkansas for Colorado Springs to develop. The 227 mile pipeline would cost around $3.2 billion to build. Skeptics wondered whether spending the dough on conservation would be a better investment. Others wonder if the water will be needed for oil shale development or to satisfy Colorado's obligations under the Colorado River Compact. The Friends of the Yampa Web site calls the river "the last, the longest and the largest free-flowing, most intact river system remaining in the West, (and it is) the crown jewel of the Upper Colorado River system."
Gunnison River Basin
News from the Gunnison River Basin early in the year included a proposal for funding to study a possible Blue Mesa Pumpback. As you might well imagine the proposal was met with great skepticism from those that think that a pumpback proposal is premature owing to the fact that most water officials on the West Slope think that available water in all the basins, tributary to the Colorado River, should be quantified prior to building projects in any one basin. Others fear the the the Colorado Water Conservation Board will bypass the Gunnison Basin Roundtable.
In September the Coal Creek Watershed Coalition released their Water Quality Monitoring Report. Everything looks good to go.
All sides in the dispute over stream flow through the Black Canyon of the Gunnison National Park were at it again during the year. Interested parties faced a June 29th deadline to avoid a trial over Judge Brimmer's 2006 decision which the feds decided not to appeal. In July some progress at a settlement was reported as all the parties in the case agreed to a general subordination. This means that all adjudicated water rights in the Upper Gunnison Basin dating before Nov. 11, 1957, and the first 60,000 acre-feet stored in the Aspinall Unit will not be subject to a call for water rights by Black Canyon National Park.
Whitewater Recreation
Whitewater recreation in Colorado is world famous. It is also a big economic generator in several counties. During 2007 there was a lot of progress around the state for areas that wanted to explore and enhance the opportunities from tourism while also increasing the quality of life for locals with job opportunities and recreation.
Down in Durango all sides finally agreed to a deal to let Durango build a whitewater recreation park in the city. There had been many fits and starts in the process but in the end no one got everything they wanted nor did anyone have to give up too much in the deal for a Recreational In-Channel Diversion for the city.
Glenwood Springs started construction on their new whitewater park late in the year. First up was a coffer dam to divert the icy cold winter low flows so that construction of the features in the stream bed could begin. Plans call for a hole feature on the left side of the river, a standing wave on the right side of the river and a mid-stream feature for medium to high water levels along with a small park and landscaping to be added later on. Funding for the project includes dough from the city and Great Outdoors Colorado (keep on buying Lottery and Powerball tickets). Glenwood Springs is a great location for a whitewater park because of the senior rights holders downstream, Xcel's Shoshone power plant and the Upper Colorado River Endangered Fish Program. These uses keep a high minimum flow in the river throughout the year. The project had to overcome initial opposition from the Hot Springs Lodge and Pool.
In October Siverthorne received their RICD decree. As in Durango all sides were able to reach an agreement prior to trying the case in court.
At the end of the year Palisade was still trying to get approval to build a whitewater park. Endangered species habitat and objections from irrigators are slowing them down. Early in the year Cañon City was studying a whitewater park on the Arkansas through town while Frisco looked at enhancing their park.
Observers were surprised at flows in the Arkansas River early on in 2007. Their predictions of a good season for rafters held up.
Standup Paddling started to catch on near Glenwood Springs. Along Clear Creek riverboarding allowed participants to beat the heat and get a little thrill with a small investment in equipment.
Prairie Waters
Aurora got serious about their $750 million water reuse project dubbed the "Prairie Waters" project this year, the most, "Drought hardened," water project in the state, according to some. This is due to being able to use transbasin water to extinction so it effectively increases their supply by the amount of water they bring from the Fryingpan-Arkansas Project, Homestake Project and from the Arkansas River. The project involves building more treatment capacity and then treating water from the South Platte River downstream of Denver, near Brighton. The water will be piped back to their treatment facility near Aurora Reservoir, treated and then mixed into the city's regular distribution system.
Aarron Million's Pipeline
Aaron Million's proposed pipeline was in the news off and on during 2007. He spent part of the year touring various water organization meetings pitching the project. He has some problems though, primarily no water rights as yet, along with opposition from the West Slope. They want to know if there is any water left in the Colorado River system to develop before Million starts pumping. Million's partner Jim Eddy had this to say in December, "The (CRWCD) wants to wait, but waiting is what caused all the problems today."
Rueter-Hess Reservoir
Rueter-Hess reservoir is still a work in progress. Supporters were hoping to receive final approval for the proposed enlargment to include storage for Castle Rock and other municipalities south of Denver. They're still hoping to be online by 2011.
Clear Creek Reservoir
The Pueblo Board of Water Works closed Clear Creek Reservoir in April in order to perform repairs and upgrades to equipment originally installed in 1909. It was re-opened to fishing in December.
Pressure on ditch systems and agriculture
Everyone expects that with 3 million new people forecasted for Colorado that pressure will increase on ditch systems to make up the difference in supply. 2007 saw more acquisition of ditch shares by municipalities to shore up a sustainable supply for the future. In general most of the ditch companies have very old water rights on the rivers they serve, reflecting Colorado's agricultural roots.
In September Florence announced their attempt at purchasing more shares of the Union Ditch to add to the city's supply. Pueblo West wrapped up a water deal for the Hill Ranch and it's average yield of 1,891 af per year in it's ditches with a new decree from water court.
The big news in the Arkansas River Valley was Pueblo and Pueblo West running an end-around the proposed Super Ditch by offering to buy shares of the Bessemer Ditch. The project, put in motion by the Pueblo Board of Water Works caused John Singletary from the Lower Arkansas Water Conservancy District to remark that it's, "Another nail in agriculture's coffin."
Colorado Springs is also growing and estimates are that the additional 450,000 people expected in the Arkansas Valley will dry up another 70,000 acres in addition to the 70,000 (one quarter of land previously irrigated) that have been taken out of production since the 70s.
Augmentation is the name of the game for well irrigators along the South Platte. 2007 saw more interest in augmentation plans. Augmentation is being used by Fraser to supplement flows in the Fraser River and also by the BLM to provide water for the Blanca Wildlife Habitat Area.
Proposed new rules for irrigation efficiency along the Arkansas River pitted Water District 2 engineer Steve Witte against many farmers with questions about the science and the cost of implementing the rules.
Down along the Amity Canal Tri-State Generation plans to use their shares for cooling and steam production for coal-fired electric generation plants north of Holly. In August they filed for a change in water court from agricultural to industrial.
New farming and distribution methods are getting a close look as a way to grow more with less water. Near Montrose the Shavano Conservation District was looking at minimum tillage and efficient sprinkling concluding that those techniques work on a small scale. Along the South Platte River Parker Water and Sanitation partnered with Colorado State University in an experiment to test different cropping techniques. According to Parker's Frank Jaeger, "We're going to squeeze every drop of wet out of every drop of water." Dryland bio-fuel crops are also drawing interest.
Ditch companies aren't always the enemy of good management and sharing. In July the Pine River Irrigation Company and the Southern Ute Tribe announced an agreement to keep more water in the Pine River to help with trout habitat. Trout Unlimited wanted a more restrictive promise from both groups.
Republican River Basin
Due to shortages in deliveries to Nebraska, groundwater irrigators (and members of the recently formed Colorado Agriculture Preservation Association) in the Republican River Basin are facing curtailments and outright shutdowns. Some are proposing to drain Bonny Reservoir in order to eliminate the charge for evaporation under the Republican River Compact. The draining is opposed by sportsmen that use the largest warm-water fishery in Eastern Colorado. Some farmers are on board however. With corn prices going through the roof they don't want their wells shut down. A pipeline was proposed during the year to deliver water to Nebraska at the border just ahead of the gauging station used to determine Colorado's deliveries. Cooperation over confrontation was also pushed at the Republican River Riparian Partnership Conference.
Tamarisk control
One crop that Colorado has no trouble growing is tamarisk especially along the Arkansas River. During 2007 several projects were in place to control the spread of the weed. Tamarisk uses water resources, in some cases more that the native riparian plants it crowds out and works against native species by helping raise salinity levels in soils along streams. One project is using Tamarisk Leaf Beetles imported from Asia. In July the National Fish and Wildlife Foundation awarded a grant to fight Tamarisk in Weld and Larimer counties while the Southeastern Colorado Water Conservation District applied for funds under the Salt Cedar and Russian Olive Control and Demonstration Act in March.
Groundwater
2007 was a big year for news about groundwater. The state stepped up efforts for enforcement of pumping rules. It seems as though everyone is hoping to better quantify reservoir storage and recovery potential with an eye towards using groundwater to help quench the thirst of Colorado's growing population. Areas of the state where growth has seriously impacted groundwater levels are looking at recharge. Recharge in the shallow alluvial aquifers was also a hot topic. Groundwater storage eliminates the problem of evaporation and is easily recovered by pumping along with being less involved environmentally when compared to surface reservoirs. Using storm runoff for recharge could be one source of new water. One big problem however is that water in the alluvium does not stay put and is part of the overall stream system. Senior rights holders welcome more water into the alluvium but in most cases insist that it be removed in priority.
Hoping to avoid future problems with groundwater supplies Jefferson County started the process of creating new rules for development and a groundwater district. The USGS and other agencies continued to build on their efforts to map and quantify groundwater potential in the Upper Arkansas River Basin. The safety of groundwater became an issue for El Paso County. In June the Colorado Oil and Gas Commission issued a report about groundwater quality in the Piceance basin.
Groundwater recharge for augmentation is being used along the South Platte River, in Grand County and along the Arkansas River to a lesser degree. In El Paso County Colorado Springs started a recharge project for domestic supply.
In September the Arkansas River Roundtable sponsored a conference on groundwater recharge in Colorado Springs. The Colorado Ground Water Management Policy: Focus on Legal and Institutional Opportunities for Aquifer Recharge and Storage was well attended with experts from around the country, legislators and others from across Colorado. There were presentations ranging from water law as it applies to groundwater recharge along with current projects and their successes. The conference also looked at future plans for recharge in a couple of cases such as the Upper Black Squirrel Basin.
Colorado River Drought Agreement
In December Dirk Kempthorne, Secretary of the Interior, was quoted as saying, "If the seven states of the Colorado River basin can get together and work out a deal, then surely anybody can." He was talking about the landmark agreement, over management of the Colorado River during drought, between the 7 Colorado River Compact states and Interior. His signature signaled the end of a nearly two year process that was set in motion by his predecessor, Gayle Norton. The states had a chance to work out an agreement without one being imposed on them by Interior and they accomplished it. Major provisions of the agreement include allowing Lake Powell and Lake Mead to rise and fall together during drought events, granting rights to build a new reservoir on the Mexican border to Las Vegas to enable the capture of excess water that would otherwise not be used and a water banking system for conservation accounts in Lake Mead.
State of the Colorado River
So how is the Colorado River doing these days? Many eyes are on it because many people depend on the river for their water including farmers, ranchers, rafters, guides and of course Colorado Springs, Pueblo, Denver, Aurora, Grand Junction, Broomfield and on and on. In 2007 officials got serious about determining minimum flows to keep the river healthy even though healthy depends mightily on one's perspective. It's widely accepted now that the Colorado River Compact divided the river in exceptionally wet times (it was signed in 1922). So in a way drought is the norm and is compounded by the dry years the basin has experienced recently. In March, at the Wallace Stegner Center Symposium at the University of Utah the consensus was that the compact states need to adapt the compact to the times.
Colorado Basin Roundtable
The big push by the Colorado Basin Roundtable this year included two areas of emphasis. First, they're trying to get the basins that eventually flow into the Colorado (Yampa-White, Colorado, Gunnison and San Juan-Dolores) to put together the effort necessary to quantify how much undeveloped water is left in the basins. Oil shale development, a call by the lower basin states, increased population growth, oil and gas operations, recreation, trans-basin diversions and climate change could all use up the undeveloped water. According to Eric Kuhn from the Colorado River District the state needs this research in order to do sensible planning.
The second big effort by the roundtable is that of quantifying the non-consumptive needs for the basin. This is an assignment from the IBCC.
Elkhead Reservoir
The dedication of the newly expanded Elkhead Reservoir was in July. Bill Trampe, president of the Colorado River District board was quoted as saying, "It's always reason to celebrate when you open a dam." Spoken like a true conservationist in the Teddy Roosevelt sense. Tom Iseman from the Nature Conservancy said, "This is a special project that marks a new era in the preservation of endangered fish." The dam underwent repairs and was raised a bit to allow for another 20 feet of depth in the pool, that effectively doubles the size of the reservoir, in an effort to store more water for endangered species, recreation and the town of Craig. The project cost $31 million. The Colorado River District funded $17.8 million of the dam expansion and managed the project. The recovery program funded the remaining $13.2 million. Shortly after the dedication The Colorado Water District announced that they would lease the new water to people and industry or for endangered species for $25 per acre foot.
Poudre River Watershed
Opponents of more reservoirs and development of the remaining water in the Poudre River cited its tendency to dry up through Fort Collins in dry years as support for their arguments even though there is no minimum flow requirement on the river. In October several water and sanitation districts announced the Cache la Poudre Water Quality Monitoring Agreement to share water quality data for the river in hopes that it could be improved. The newly formed Cache la Poudre Irrigation Company dedicated their new Cornish Plains Reservoir and Recharge Facility. In October we learned that the Poudre National Heritage Center legislation needed to be fixed to allow education within the context of water development.
Glade Reservoir and the Northern Integrated Supply Project
Glade Reservoir is still a dream for the Northern Colorado Water Conservancy District and their Northern Integrated Supply Project. Opposition to the reservoir gained additional strength in 2007 with the organization Save the Poudre holding fundraisers and other events to raise awareness. The project is not without its supporters. The EIS for the project, already delayed more than once, did not see the light of day by year end. Low flows in the Poudre seemed to bolster the opposition. In June Berthoud pulled out of the NISP while Eaton re-affirmed their support. Opponents plan a deep review of the EIS for NISP when it becomes available.
Dry Gulch Reservoir
The unfolding story of the proposed Dry Gulch reservoir was a perfect case study for water watchers with regard to building new reservoirs. The story has something for everyone, including lack of water rights, land purchases, financing, trips to the Colorado Supreme Court, water court and lawsuits over the need and the size of the reservoir. Pagosa Springs is intent on building something for their future growth while groups such as the National Trout Unlimited organization are making the argument that the water should be left in the streams for the Riparian habitat and that the projected needs of the area are much smaller than proponents are claiming. At the end of the year parties to the deal were scrambling to acquire the land necessary along with preparing for more court proceedings to defend their plans.
Mining and restoration
The doctrine of prior appropriation got its start in the California gold fields and was refined in Colorado where it became known as the "Colorado Doctrine." Water and mining have been inseparable since. Historically the mining industry was not required to protect water resources when the mines played out. There are several locations in Colorado where restoration is being attempted such as the Peru Creek Basin in Summit County.
Peru Creek has become the poster child for the "Good Samaritan" efforts by the EPA even receiving dough for planning. Several organizations are involved in the cleanup hoping to evade Clean Water Act entanglements. Under the act those that attempt a cleanup can end up owning the point source pollution. This dampens efforts although supporters of the act cite the need for enforcement in case cleanup efforts make things worse or are never finished. In 2007 real work was begun and some positive results achieved.
Good Samaritan efforts were the talk of the town in Leadville during September at a meeting of the National Summit of Mining Communities. Their major complaint is the restrictive nature of the Clean Water Act which discourages efforts to mitigate past mining activity. In defense of their efforts the EPA maintains that they're pushing for volunteer efforts to help with cleanups and being as flexible as they can in applying the law.
A collapse and the possibility of a blow out in the Big 5 Adit Tunnel in the Left Hand Creek Drainage was worrying officials early in the year. In December Creede officials were pondering asking the feds for help with the Nelson Tunnel and Commodore Mine waste rock site. They were supported by Governor Ritter.
On the federal level congress is considering legislation known as The Hard Rock Mining and Reclamation Act of 2007 [H.R. 2262]. U.S. Representative John Salazar is a sponsor. It passed the House of Representatives in November with Colorado's delegation voting along party lines. Word is getting around and several Colorado towns were hopeful that it would get through the U.S. Senate also. The act is a rewrite of the General Mining Act of 1872. Low cost of federal acreage and the relatively low royalties are in the gunsights of reformers. Additionally, proponents hope to strengthen environmental and aesthetic protections. Crested Butte town manager Susan Parker and Town attorney John Belkin travelled to Washington D.C. a couple of times to testify in support of H.R. 2262. Opponents have termed it the No More Mining Act of 2007. Many feel that the law needs a rewrite to deal with the boom in uranium mining around the country.
Uranium mining in Weld County
While we're on the subject of uranium mining we should note that Weld County has become an battlefield in the process of supplying power plants and the military with fissionable material. In April things started heating up for Powertech Uranium Corporation, Inc, a Canadian firm, over the company's plans to mine uranium from the Denver Basin aquifer system using in-situ techniques. Many residents near the proposed mine are worried about contamination and radiation leaks. The project is not without it supporters however some citing the zero carbon emissions from nuclear plants. Powertech officials attended many meetings during the year touting the safety of the project. Over the course of the year the opposition organized, politicians in Weld and Larimer counties, along with Greeley and Fort Collins all weighed in. State Representative Randy Fisher planned to introduce legislation to regulate the industry in January. The Colorado Medical Society even passed a resolution in opposition as did the Larimer County Medical Society. U.S. Representative Marilyn Musgrave took the easy road, acknowledging that it was a state matter and cautioning all involved to protect the property of her constituents while saying she opposed the project. Powertech's project was moving forward and on schedule in October with assurances that the company welcomed regulation and would happily comply with all permitting requirements.
Leadville Mine Drainage Tunnel, California Gulch
In July the EPA settled with Asarco LLC of Tucson regarding cleanup of California Gulch Superfund site in Leadville. Since the company is in Chapter 11 the final settlement was far below the $200 million that the EPA was hoping for. In October the EPA listed items still needed to be completed before the site would be de-listed. These include permanent land restrictions. The Wellington-Oro Mine in French Gulch remains the biggest source of acid mine drainage in the area.
In November officials from Lake County, Leadville, Reclamation and the EPA were trying to determine what to do about rising water levels in the Leadville Mining District. A collapse inside the Leadville Mine Drainage Tunnel was widely suspected to be the cause. Water flowing from the area is cleaner than in the past indicating that the polluted water is being trapped underground.
Summitville
While some consider the Summitville EPA Superfund site a government boondoggle the project stills keeps getting funding and progress shows up little by little each year. In 2007 project managers got $3 million to beef up water treatment. They're still holding out for $17 million on top of the more than $190 million spent so far to build a treatment plant. In March a couple of San Luis Valley farmers proposed that the feds use potato slurry to help with the cleanup.
Interbasin Compact Committee
The Interbasin Compact Committee and basin roundtable process moved forward in several areas during 2007 after a shaky start with the new administration. Early in the year the IBCC and Colorado Water Conservation Board were trying to determine their respective roles. One effort requested of all the roundtables during the year was to quantify non-consumptive needs in each basin. The IBCC also encouraged roundtables to hold combined meetings to discuss common interests.
In the spirit of Sun Tzu's, "Keep your friends close and your enemies closer," the Arkansas, South Platte and Metro roundtables held a combined meeting in November. Harris Sherman, Director of the Department of Natural Resources, started off the meeting announcing that the, "Era of forced transbasin exchanges was over." That was music to the ears of many in the Arkansas Valley. Late in the day many at the meeting got a little testy when Eric Wilkinson, Executive Director of the Northern Colorado Water Conservancy District spoke about the frustration that East Slope water providers have over the lack of movement on new transbasin diversions to satisfy the unbridled growth along the Front Range. Leases and exchanges being utilized by water providers was also a topic for the combined meeting.
Water and Sewer Rates
Many water suppliers and water treatment districts raised rates in 2007. Denver Water's customers get to pay more for water along with higher tap fees.
Aurora spent much of the year in meetings with customers trying to get acceptance of their rate structure. They're revising their rates to cover the costs of their Prairie Waters project. In December they rebated some of the dough they collected over the summer due to the rate structure in effect then.
Other districts in Colorado are in the same situation. They need to secure sustainable sufficient supplies while at the same time they are building out systems to accommodate growth. The positive effects of higher rates on conservation is also driving rates up as is the need to rehabilitate aging infrastructure. There is a positive feedback loop in effect also. Higher rates drive conservation, conservation drives down consumption, leading to shortfalls in revenue, driving up rates. Don't forget to add in rising operating costs.
Bayfield Sewer Treatment Plant
Down in La Plata County the town of Bayfield had a time in 2007 keeping the state at bay, while trying to solve their treatment plant water quality problems to the satisfaction of the Southern Ute Tribe. In August they thought that they had struck a deal to keep treating until they were able to bring a new plant online. in May they lifted their construction moratorium, that was imposed in March. This was the result of negotiations between the town and major dishchargers.
Eagle River Basin
In January four groups, the Eagle River Watershed Council, Minturn, the Vail Valley Foundation and Colorado Mountain College learned that they would all share in the $2.4 million that Viacom was paying for restoration of the Eagle River. An assessment of the river in April turned up one 8 year old trout and sculpin. Sculpin are very sensitive to mine waste so their appearance is good news for the restoration project. Also in April the Eagle Ranch was bragging about their restoration work on Brush Creek. They've improved the aesthetics and the fishing while impressing the Corps of Engineers.
The big news in the Eagle River Basin came as a Christmas present from Denver Water to Eagle County. The Upper Eagle Regional Water Authority and the Eagle River Water & Sanitation District were about to sit down in court again with Denver to finish up the lawsuit over Denver's failure to perfect their water rights on the Eagle. Antagonists hammered out a solution where Denver gave up most of their water rights, after realizing the near impossibility of developing them, in exchange for possible participation in a new reservoir at Wolcott. Officials in Summit County fear that Denver may look to develop more water rights there as a result of the Eagle County agreement.
Gore Creek Watershed
In August Gore Creek was named a Gold Medal trout fishery by the Colorado Division of Wildlife. They cited the creek's accessibility and the large amount of aquatic life. In May the Eagle River Water and Sanitation District was floating the idea of expanding the Black Lake #1 reservoir. In a bit of irony CDOT and Eagle County learned that the traction sand used on Vail Pass had created a wetland environment on Black Gore Creek that would require protection according to the Corps of Engineers. The wetland designation is interfering with CDOT's plans to reconstruct the basin of last resort at the foot of Vail Pass.
Rio Grande River Basin and San Luis Valley
The news from the San Luis Valley was mostly positive this year. It turned out to be a pretty good water year despite some pessimism early on. The Rio Grande fishery is recovering well from the low times in the 90's as is the endangered Rio Grande Sucker.
The Colorado Water Conservation Board approved two projects in the Valley in 2007. First up was $83,700 for a Romero/Guadalupe channel, a rectification project on the Conejos River. The second project, stream bank restoration on the Alamosa River, scored $104,000. The EPA awarded $100,000 to the San Luis Valley Ecosystem Council for its project designed to limit residential exposure to contaminants such as metals and fertilizers from household wells. Six valley residents won the EPA's Friends of the Environment Award for their work spreading knowledge about treating domestic well water.
2007 saw some progress in setting up rules for pumping groundwater in the Valley. Irrigators are hoping to avoid involuntary shutdowns without compensation as has happened in the South Platte and Republican River basins. Objectors have the same complaints as always. They're curtailed but groundwater irrigators, with less senior rights, are pumping full blast. The connectedness of groundwater and surface water in the valley is well documented if not well accepted. The rules for the first groundwater sub-district were approved by the State Engineer and by the Rio Grande Water Conservation District in October. Later on, after numerous challenges, Judge O. John Kuenhold combined the district case and water court case into one, effectively extending the objection period. At the end of the year spring was the target for the trial. This left the groundwater sub-district off the tax rolls for 2008.
Water cases take a long time to wind through the courts at times. In 2006 Judge O. John Kuenhold heard cases in District and Water Court for the State Engineer's rules for the San Luis Valley confined aquifer. In October parties to the case were preparing to argue their positions to the Colorado Supreme Court. The supremes are expected to issue a final ruling in the spring of 2008.
Rio Grande Basin Roundtable
The Rio Grande Basin Roundtable doesn't make much noise. They haven't held joint meetings with other roundtables to discuss common interests. The primary reason for this is that water in the river basin is overallocated and in some years they get behind on their responsibilities under the Rio Grande Compact. They don't have any water to share with other basins.
During the year they took on groundwater rules. They were also very active during the year with restoration and flood mitigation projects along with conservation.
Education
Schools around the state sponsored several education programs during the year. The U.S. can always use more water engineers and scientists in general and getting youngsters into the field, doing real science, is one way to spark interest. In October the Keep It Clean Partnership sponsored by the Colorado Division of Wildlife won a Colorado Leadership Facilitator Award for their work educating teachers about the importance of water conservation. In May the partnership, in conjunction with the Northern Colorado Water Conservation District, the City of Longmont and the St. Vrain School District, sponsored the Longmont Children's Water Festival for fifth graders. The event included a water trivia game show competition; video presentations; a river-like maze; and experiments.
In El Paso County teacher Laura Tuel, talking about the program she started, said, "Everyone needs to learn about water." The program, Creek Connections, seeks to teach how water and human activities are interconnected. They're targeting the Fountain Creek watershed.
Colorado Trout unlimited combined environmental education and fishing at their Conservation and Fly Fishing Camp. We hope they're not biasing new fisherman against bait.
The Colorado Association of Conservation Districts sponsored Camp Rocky. It's an opportunity for children to learn forest management, soil and water conservation, rangeland science and fish and wildlife management.
Hydroelectric
Interest in hydroelectric power is making a comeback across the U.S. It's a renewable, clean and efficient source of power. Micro-Hydroelectric plants do not cause the environmental damage that big plants do. They measure up well compared to small-scale solar and wind installations. Pitkin County was at the forefront of the start of the effort during 2007 with a proposal by the Pitkin County Commissioners to change the land use code to grease the wheels for generation. In November John McBride, a rancher and local developer, was showing off his installation of one small power plant by pointing to the hands on his electric meter running backward. He invested about $20,000 in the combination gravity irrigation and hydroelectric plant. Residents of Aspen also approved the installation of a 1.1 megawatt plant in the town on the site of an older plant that used to supply electricity to some of the mines from 1892 to 1958.
Animas-La Plata Project
The last big Reclamation dam project in the West (by their own reckoning), Ridges Basin Dam, for the Animas-La Plata project topped out in November. This is a big deal for all involved. Colorado settles some native-american claims and gets new a recreation site, the Utes get some water along with the Navajo nation and former U.S. Senator, Ben Nighthorse Campbell, gets a lake named after him, Lake Nighthorse, in recognition of his support over the years for the project. The plan is to start pumping water to the lake in 2009 with it filling after two years. Water will be pumped from a 280 cfs plant on the Animas River.
Cherokee Metropolitan District
The district is a microcosm of Colorado's water problems. They're short of water, long on development and intend to mine a prehistoric water supply. Early in the year low water supplies forced them to impose restrictions on lawn watering and washing vehicles angering customers. They ended up paying for water from Colorado Springs to stretch their supply. Then in the early fall they angered neighbors with plans to develop water they own in the Denver Basin Aquifer system.
Climate Change
During 2007 attitudes toward climate change shifted somewhat. Some of the deniers from a few years ago now acknowledge that, "Something is happening, we're not sure what," or "Yes, the earth is warming up but it's part of a natural cycle." Water suppliers can be skeptics but most now at least see the need for planning for a different, drier climate in Colorado and the southwestern U.S. In 2007 we witnessed another early start to the runoff, more rain during the monsoon and more precipitation coming in the form of rain rather than snow. Ski areas and resort towns are going green to do their part to head off the forecasted shortening of the season.
Some are advocating for more storage in reservoirs both above and below ground. Others advocate that development take under consideration the long-term effects of climate change on supply. Colorado is in a great position compared to many other states because we're at the headwaters of many basins and we enjoy an infrastructure that largely relies on snow accumulation in winter rather than runoff from glaciers (Peru, Europe), groundwater (New Mexico) or annual rainfall (Georgia, North Carolina, Florida). Many caution however that now is the time to start planning ahead for shortages in snowfall or shifting precipitation patterns.
Scientists at the National Center for Atmospheric Research contend that there is reason for optimism if the governments on the planet will just summon the needed political will and act. Soon. Agriculture can help by sequestering carbon in the soil.
IPCC
Early in 2007 the International Panel on Climate Change issued their report stating that global climate change is unequivocally related to humankind's greenhouse gas emissions. One scientist, commenting on the findings, said, "The worse is not going to happen, we're not that stupid." Some of us may be.
Coalbed Methane
Year after year it seems that Colorado gets an interesting decision on a water case, something that raises hackles and causes a good deal of discussion, a decision in a case that everyone knows is just the first step to the Colorado Supreme Court. District 7 Water Court Judge Gregory Lyman's decision about groundwater produced from coalbed methane operations was that type of case in 2007. At the heart of the matter was his opinion that the operators of these wells are putting the produced water to beneficial use and therefore fall under the regulatory jurisdiction of the State Engineer and the water should be managed under Colorado Water law. That would make the well water subject to prior appropriation requiring the State Engineer to issue a permit and consider, and manage, the damage to senior writes holders.
With respect to the ruling State Engineer Dick Wolfe said, "If we were forced to abide by that order, we would have been put in a position to have to go out and curtail several thousand coal-bed methane wells." He also said it is not clear if the ruling applies only to coalbed methane wells or to all oil and gas wells. Wolfe plans an appeal.
The produced water from coalbed methane wells varies in quality. In the Raton Basin some farmers and ranchers use it for irrigation and livestock. In Colorado the water quality enforcement is handled by the state health department water quality division. Early in the year the Colorado Division of Water Resources was looking at the potential of coalbed methane wells to deplete surface water.
Arkansas River Basin
It is nearly impossible to keep up with everything happening in the Arkansas River Basin. The conflicts in the basin come from its role as both an importing and exporting river basin. There is also tension between some of the oldest agriculture water rights in the state, the growing population and industrial competition for water. Don't forget the regulatory and governance issues caused by multiple federal and state agencies involved with administration of the river, the unelected water conservancy districts, the large federal project for importing water (Fryingpan-Arkansas) along with an increasingly active environmental movement in the valley. Throw in pollution from mining and population growth, the rise of recreation, notably, fishing and whitewater sports, and you have the whole smorgasbord of water issues in Colorado in one basin.
One positive highlight is the voluntary flow program in the Upper Arkansas River. In 1990 Reclamation began coordinating releases to the river to maintain flows for the rafting season. They also try to manage flows for favorable conditions for fish reproduction during the year.
Arkansas Basin Roundtable
Many issues lead to much discussion it seems. The Arkansas Basin Roundtable is easily the most active of the state's 9 roundtables. They move the meetings around to increase attendance and invite different speakers and groups to educate and enlighten. During 2007 the group started looking very seriously at groundwater recharge in both confined and alluvial aquifers. Since out-of-basin transfers are a way of life for the basin they studied the effects and appointed a sub-committee to explore the ideal water transfer. At the request of the IBCC the roundtable also started working on quantifying non-consumptive requirements for fish, recreation and riparian health during the year. One key duty of the roundtable is the allocation of funds from mineral severance taxes to worthy water projects.
Storage, or the lack of, gained some supporters during the year. While Lake Pueblo is seldom full storage contracts there are subordinate to the needs of the Fryingpan-Arkansas project so long-term arrangements are difficult to get and usually subject to an "if and when" basis. For example if the project needs the storage space in the reservoir the water stored by Aurora under their long-term contract would spill first.
Preferred Options Storage Plan
For years now some in the Valley has sought to bring everyone along the river together to create the Preferred Options Storage Plan. The plan would coordinate the requirements up and down the river for new storage while balancing competing needs. The sheer size of the effort has stalled it out. One major stumbling block for the project is Aurora's involvement in the Fryingpan-Arkansas project. Many in the valley do not think that Congress should pass enabling legislation that would legitimize Aurora's use of Fry-Ark facilities (Subject to a court challenge late in the year.)
During the year U.S. Senator Ken Salazar floated plans for expanding Turquoise Reservoir and Lake Pueblo, independently of PSOP, and working out the necessary sharing agreements later. In October Senator Salazar's plans to leave past agreements out of the legislation hit several roadblocks from the Lower Ark, Southeastern, Pueblo Board of Water Works and Pitkin County.
Other water interests started exploring their options outside of PSOP. U.S. Representative John Salazar wants to study the cumulative effects of water transfers prior to expansion of current resources or enacting legislation for PSOP. U.S. Representative Doug Lamborn introduced his own legislative solution in May. He hoped to revive portions of the 2004 PSOP legislation.
Southern Delivery System
Colorado Springs is hoping to build a pipeline from the Arkansas River to use their water rights on the river and the Fryingpan-Arkansas project to meet the needs of their expanding population, as well as provide a little redundancy to their system. As simple as this sounds -- after all they are moving their water in basin -- nothing is simple in Colorado's water world. Pueblo County wants to regulate the building of the pipeline and, in November, it seemed that they had convinced Judge Dennis Maes to enforce their authority. Colorado Springs begged to differ so both sides ended up in court. The more things change the more they stay the same. Pueblo and downstream cities worry about water quality in Fountain Creek along with potential flooding. The SDS includes a new reservoir on Jimmy Camp Creek in an area with significant archaeological potential.
Colorado Springs Utilities would like to build the pipeline for the least upfront cost to rate payers and is pretty much deaf to alternatives. Early in the year reuse was studied as a component of the project but since no one much wants to drink treated effluent -- even though the Springs has one of the oldest reuse traditions in the nation -- Reclamation ended up leaving reuse out of the EIS. At the end of the year everyone was waiting on Reclamation's environmental impact statement. Reclamation is involved since federal facilities are proposed to be used as part of the project. Pueblo West signed on to the project late in the year as a lower cost alternative to building their own pipeline from Pueblo Reservoir.
One interesting event to come out of the controversy was a forum organized by The Pueblo Chieftain on the SDS -- in Colorado Springs -- billed as an attempt to find common ground. They reported, "Common ground appeared to be more like the stream bed of Fountain Creek - turbulent, muddy and prone to flood - at a forum Tuesday. Sponsored by The Pueblo Chieftain, the 'Common Ground: Put yourself in Pueblo's place' forum gave Colorado Springs residents a chance to hear the concerns of several Pueblo officials and Sen. Ken Salazar's aide about Fountain Creek. An estimated 150 people attended, and by a show of hands late in the three-hour meeting, approximately one-third said they were employees of Colorado Springs Utilities. Officials from other communities, including Pueblo and Fountain, attended as well as Colorado Springs residents." The Colorado Springs Gazette even showed up.
Arkansas Valley Conduit
One part of the Fryingpan-Arkansas project that was never authorized (except by the Fry-Ark legislation), funded or built is the Arkansas Valley Conduit. The Conduit's purpose is to provide a clean water supply from Pueblo Reservoir to the communities along to Lower Arkansas River in Colorado. These communities need the project to accommodate the parts of the lower valley that are seeing population increase while at the same time having to deal with worsening water quality in the river and increasingly strict standards for drinking water from the EPA. They feel under the gun so that they can establish the quantity of water needed while there is still water in the basin to utilize.
The Southeastern Water Conservation District is at the forefront of efforts to get the project built. In 2007 they travelled to Washington D.C. to lobby Congress. The lobbying by Southeastern paid off in 2007 with Congress approving $691,000 to fund evaluations and studies. Of course Congress hasn't actually appropriated the dough to build the Conduit.
Super Ditch
During the year Lower Arkansas River Water Conservancy District spent a lot of time and money working on their proposed Super Ditch for the valley. The plan combines rotational fallowing with water leasing and exchanges to provide water to municipalities in both wet and dry years and help with water quality. The hope is to keep Arkansas River water in the valley along with providing income for farmers as an incentive not to sell their water rights and help satisfy the requirements for water laid out by the Statewide Water Supply Initiative. The thinking is that this type of program will keep agriculture as a viable industry.
Something like their plan is working in Southern California. In September proponents were trying to get a handle on legal complexities around the project. The Arkansas Valley Roundtable voted to support the engineering and legal effort in order to gain an understanding of the issues involved. The final engineering report for the Super Ditch was released in December.
One point of contention for the program is the diversion point for exchanges. The Upper Arkansas River Water Conservancy District hopes to avoid exchanges through the Otero Pump Station that might reduce stream flow in the Arkansas between the pump station and Lake Pueblo.
Aurora Long-Term Contract
A dandy fight broke out late in the year after Reclamation signed a long-term storage contract for space in Lake Pueblo with Aurora on an excess capacity basis. The agreement, along with exchange agreements, allow Aurora to move water it owns from purchases in Crowley County during the 80's through the Otero Tunnel to the South Platte River Basin and then on to the Denver Metro Area using exchange contracts.
In April John Singletary, chair of the Lower Ark, board said of Reclamations' final Environmental Assessment that resulted in a Finding of No Significant Impact, "Something's wrong with the study...Somebody walked through it with a white cane, because if you drive through the valley, you can see what's happened. Aurora should have realized the risks and expense of moving the water it purchased on the Rocky Ford Ditch and Colorado Canal beginning in the 1980s...I've always told Aurora it's not our job to help them move the water out of the valley...It's not the bureau's job, either."
U.S. Representative John Salazar commented about exchanges during the year saying, "They take the good water and send the crap down the river." The statement may apply to Colorado Springs but not Aurora. They're exchanging for water in Lake Pueblo which is of pretty decent quality. Opinions on the contract were easy to come by. Ed Quillen, who lives on the Upper Ark, wrote, in his Denver Post column, "We have the makings of an excellent water war along the Arkansas River, where deadly disputes go back to 1875 when Judge Elias Dyer, son of the famous Methodist missionary John L. Dyer, was gunned down in his own courtroom in a dispute that started over an irrigation ditch."
So far the violence has been limited. The Lower Arkansas River Water Conservancy warned that they would file a lawsuit if Reclamation signed a 40 year contract with Aurora. In September Reclamation called their bluff. In October they sued and John Singletary, remarked, "I am a little offended by their arrogance and the idea that they think they can come into the valley and bully everybody." Aurora pushed to join the lawsuit on the side of Reclamation late in the year.
Fountain Creek Watershed
Colorado Springs is the only major Colorado city not on a main waterway and that has caused a plethora of problems for little Fountain Creek. By releasing effluent into the stream the Springs has increased flows far beyond historical levels. Increased flows cause erosion and the movement of silt which impedes flood control in the city of Pueblo and adds to the silt load in the Arkansas below the confluence of the two streams. Water quality problems arise from sewage spills in Colorado Springs which have been numerous and large over the years. Their infrastructure crosses the creek in several locations due to topography. E.coli levels in the creek annually rise to unsafe levels. Summer storms can release floods down the creek at any time, washing out sewer lines and breaching flood controls.
At the end of the year the Sierra Club was gearing up for a trial, originally scheduled for September 17th, postponed due to District Judge Walker Miller dismissing Pueblo County District Attorney Bill Thiebault's lawsuit. The case covers Colorado Springs Utilities' sewage spills, excessive chlorine releases and nonpotable water releases. The Sierra Club is seeking large fines in addition to those already levied. Their contention is that Colorado Springs has and continues to have spills into the creek and that they are damaging it on an ongoing basis. Making the Springs dig deep in the form of fines is the only way to get them to be serious about the problem according to the Sierra Club. The dough will come in handy for remediation also.
Colorado Springs maintains that they've been responsible all along. Some of the spills were the result of vandalism and tree root intrusion so they shouldn't be judged harshly for that type of unpreventable infraction. They've spent millions of dollars to correct problems and have repaired or replaced pipe and constructed new facilities as needed to mitigate against future problems. Pollution from runoff from impervious surfaces also continues to dog Colorado Springs.
Some in El Paso County and Pueblo County see a far different future for the creek than most. They see the creek as a recreational asset with open space, museums, nature trails, trees and family oriented features. One of the models being discussed is the transformation of the South Platte River through Denver (You still shouldn't go into the water though). U.S. Senator Ken Salazar believes that Fountain Creek could become a "Crown Jewel," and is backing up his view with legislative effort. The Corps of Engineers is looking at recreational development in concert with flood control.
The Lower Arkansas Valley Water Conservancy District has made Fountain Creek a prime issue in working with Colorado Springs. The Fountain Creek Task Force has been charged with managing the effort and has also been asked to raise money and other support to realize this view. Some progress was made in 2007 with a consulting firm being hired to determine the possibilities. In May the Colorado Water Conservation Board approved $75,000 to ensure continued funding of the task force.
Thanks for another great year
Coyote Gulch hit the big time in March being named the Best Source of Water News by Westword. Our article about the groundwater conference hosted by the Arkansas Basin Roundtable was published in the North Denver News. Dave Kopel gave us a shout-out in The Rocky Mountain News in January. Our heads swelled up when we were asked to write an article each month for Colorado Central Magazine.
We want to thank the news organizations that send their reporters out to cover water issues in Colorado. You guys do a great job -- covering this very important topic -- in hard times. Without you there would not be a Coyote Gulch in its present form.
If you enjoy reading Coyote Gulch please consider doing something for your local town paper. Subscribe to their print or online edition. Shop their advertisers. Click on the ads they run online. News organizations are in trouble here at the start of the 21st century. Help them adjust by sending story ideas or letting them know when they've nailed a topic that you found interesting.
Here are the past yearly summaries from Coyote Gulch for 2006 and 2005.
Category: Colorado Water
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