Thursday, April 24, 2008

Aurora long-term contract From The Pueblo Chieftain: "The Lower Arkansas Valley Water Conservancy District's lawsuit addressing use of Arkansas River Basin water soon will be ready for a judge's ruling on whether the lawsuit will be allowed to proceed. Attorneys for the district, the U.S. Bureau of Reclamation and Aurora told a U.S. District Court magistrate judge Wednesday they will start submitting more court filings in support of their positions in the dispute if another judge does not throw out the lawsuit. The water district is asking Chief Judge Edward Nottingham to nullify a 40-year contract that Reclamation and Aurora signed in September for storage of water at Lake Pueblo and exchange of water between the bureau and the Denver suburb. Reclamation has a Friday deadline for what is expected to be the final written argument addressing why the bureau and Aurora contend the lawsuit should be dismissed. After that, the three litigants will await Nottingham's decision, the attorneys told Magistrate Judge Michael Hegarty in a brief status conference. Hegarty is assisting in Nottingham's oversight of the case." More Coyote Gulch coverage here. Category: Colorado Water 6:13:06 PM     Super Ditch for the Arkansas Valley? The proposed Super Ditch in the Arkansas Valley is closer to reality, according to The Pueblo Chieftain. From the article: Shareholders of six ditch companies have signed on for a "Super Ditch," which will lease water under a rotational fallowing plan, and plan to incorporate the agency next month... This week, representatives from the Catlin, Fort Lyon, High Line, Holbrook, Otero and Oxford canals agreed to meet at 11:30 a.m. on May 7 at the Lower Ark office in Rocky Ford to formally incorporate the agency, which has been nicknamed Super Ditch. The plan is to have one board member from each ditch. No one from the Bessemer Ditch has chosen not to participate so far. "This is a real opportunity to do something for the valley," said Lower Ark Chairman John Singletary. "This is a giant step forward for the valley." The company will exist only for the purpose of a leasing program and will not change priorities or operations on individual ditches. The Lower Ark has done preliminary legal and engineering work, investing more than $600,000 in the program so far. The Lower Ark also obtained a $150,000 grant through the state Interbasin Compact Committee process to research impacts on the Arkansas River Basin, and has applied for a $450,000 grant from the Colorado Water Conservation Board under a $1.5 million grant program to study ag-to-urban water transfers. The Lower Ark board Wednesday agreed to sign over several documents to the new company, including agreements with the Pikes Peak Regional Water Authority and developers Mark and Jim Morley, who are planning to build a reservoir east of Pueblo and pipeline north to the El Paso County communities, giving the Super Ditch its first prospective customers. The Super Ditch could operate initially under a substitute water supply plan, a short-term administrative arrangement, but eventually would require a change of use application in water court. The Lower Ark has offered to assist in the legal work. Some of the ditch companies would have to change bylaws in order for members of that ditch to participate. Board members praised the district's staff and lawyers, saying they were stunned the Super Ditch came about so quickly. "When it was first brought up, I thought it would be 10-15 years,"" said Melissa Esquibel, Pueblo County director... Even General Manager Jay Winner, who has pushed hard for the Super Ditch and been its most enthusiastic supporter, was surprised at how quickly members of the ditch companies moved toward incorporation. "On May 7, the Super Ditch will become a reality," Winner said. "I think that it can secure the future of the valley," Winner said. Peter Nichols, water attorney for the Lower Ark, said three major events in the last two weeks contributed to the quick action toward forming a Super Ditch: The Pueblo Board of Water Works and Pueblo West abandoned their quest to buy a controlling interest in the Bessemer Ditch. Fountain and Widefield joined to purchase a Custer County ranch. Fountain is one of the members of the Pikes Peak Regional Water Authority. Aurora and the High Line board of directors signed an agreement without the knowledge of many of the shareholders... The Super Ditch has attracted attention throughout Colorado and across the West as a model that allows farmers to retain their water rights, while having a say in determining the price of water. Municipal water sales in the past have been primarily driven by the needs of cities and the willingness of water rights owners to sell. Under the lease model, a farmer would still be able to farm most of his land, while gaining a new "crop" through a lease - a one-time sale of water that does not change ownership of the water right. More Coyote Gulch coverage here. Category: Colorado Water 6:11:50 PM     The Eagle Mine and its impact on water quality in the Eagle River From The Vail Daily: "The Eagle Mine and its impact on water quality in the Eagle River is the topic of this month's Waterwise Wednesday, from 5:30 p.m. to 7 p.m., April 30 at the Eagle Public Library. The speaker will be John Woodling, a biologist who has studied fish in the Eagle River near the defunct Minturn mine. Woodling will talk about the data that have been collected on toxic chemicals in the water and the health of the fish near the mine over the past several years." More Coyote Gulch coverage here. Category: Colorado Water 6:08:46 PM     Leadville Mine Drainage Tunnel update The state house has passed HB 08-1396, [Concerning Studies to Determine the Potential Impact of the Canterbury Tunnel on the Leadville Mine Drainage Tunnel, and, in Connection therewith, Making an Appropriation (pdf)], as reported by The Pueblo Chieftain. From the article: Before the state can do anything about the Canterbury Tunnel outside of Leadville, it needs to conduct one more study to see if that's even necessary. A bill to authorize the study won preliminary approval in the Colorado House on Tuesday. HB1396, introduced by Rep. Christine Scanlan, D-Dillon, and Sen. Tom Wiens, R-Castle Rock, would earmark $325,000 to spend over the next few months getting the latest science to determine what impact, if any, flooding in that tunnel is having on [the Leadville Mine Drainage Tunnel]... Scanlan said that while there is federal money available to drill and drain water in the Canterbury Tunnel, which isn't contaminated, the Environmental Protection Agency and the U.S. Bureau of Reclamation won't cover it unless a geological study determines it is contributing to flooding in the LMDT. "If we really want to keep moving this forward with the right momentum, we have to do this process," she said. "There's a three- to six-month time frame on it, but we would like it done as soon as possible." The money would come from the state's Hazardous Substance Response Fund, which the Colorado Department of Public Health and Environment would use to study whether water from the Canterbury is contributing to an increase in the mine pool that feeds the LMDT. Scanlan said it will be fast-tracked so that any work on the tunnel that may be necessary can be done as quickly as possible. We spoke to commissioner Hickman a couple of weeks ago about the Canterbury tunnel. He told us then that he feels that water from the collapsed Canterbury tunnel is contributing to the rise in the Leadville Mine Pool. He was thankful that Representative Scanlan was carrying the bill to establish whether or not there is a connection, since funding to drill a well and build a pipeline, either to the Arkansas River or to the Parkville treatment plant, was not going to be appropriated in this session. In email from Reclamation Peter Soeth remarked, regarding the ownership of the Canterbury Tunnel, "No one quite knows, except we know that it is not [owned by] Reclamation or EPA. The records show it was built by the community and the Parkville Water District has a water right for some of the water coming from the tunnel." More Coyote Gulch coverage here and here. Category: Colorado Water 6:08:02 PM     Bill Richardson: This ensures that these pristine waters...will remain clean for the next generation to enjoy New Mexico Governor Bill Richardson made a move to protect the pristine nature of New Mexico's rivers and streams on Earth Day, as reported by The environmental News Service. From the article: Governor Bill Richardson marked Earth Day by moving to protect all surface waters within national forest wilderness and inventoried roadless areas in New Mexico - amounting to more than 5,300 miles of headwaters streams that flow from mountain forests. Designation of these waters as Outstanding National Resource Waters under the Federal Clean Water Act will ensure these headwater streams remain pristine and protected far into the future, the governor said. "This initiative will provide the highest level of water quality protection possible for more than 5,000 miles of beautiful rivers and streams," Governor Richardson said. "This ensures that these pristine waters - including world-class trout fishing areas and vital drinking water supplies - will remain clean for the next generation to enjoy." The designations also will help counter efforts by the Bush administration to weaken protections in inventoried roadless areas, said the governor, a Democrat who served as secretary of energy in the Clinton administration. Governor Richardson is a proponent of the Clinton administration roadless rule that protected 58.5 million acres of inventoried roadless areas across the country. He has worked to counter the Bush administration's attempts to weaken that rule, which have been turned back by the courts. The designations must be approved by the New Mexico Water Quality Control Commission. The governor's plan was applauded by environmental and faith-based groups. "Today Governor Richardson has sealed his water protection legacy; with the outstanding title these waters will remain pristine for wildlife and downstream users forever," said Bryan Bird of WildEarth Guardians. "We are thankful for the Governor's leadership and believe that this initiative helps meet our collective moral obligation to ensure that future generations inherit a better planet and a better New Mexico than the one that we inherited from our parents," said Reverend Dr. Barbara Dua, executive director of the New Mexico Conference of Churches. Governor Richardson charged the task of protecting the surface waters and developing documentation for their designation as Outstanding National Resource Waters, ONRW, to the New Mexico Environment Department... Waters eligible for ONRW designation include those that are part of a national or state park, wildlife refuge or wilderness areas, special trout waters, waters with exceptional recreational or ecological significance, and high quality waters that have not been significantly modified by human activities. Dr. Reid Bandeen is president of the Las Placitas Watershed Association, one of the groups funded through the federal Clean Water Act Section 319(h) watershed restoration funding program. "Given recent predictions by climatologists and the ever-increasing pressure on limited high quality fresh water supplies in New Mexico," he said, "protection of pristine wilderness waterways is crucial to the long-term quality of life in our state. ONRW designation benefits all users of the water by protecting against water quality degradation. If watershed conditions along the ONRW need improvement, designation can help to funnel restoration efforts and financial assistance into the area. Land use activities in existence at the time an ONRW is designated will not be affected so long as they are controlled by best management practices and do not result in new or increased discharges of contaminants to the ONRW after designation. New land uses or activities can proceed if they do not cause water quality degradation in the ONRW. The ONRW designation, if successful, will be the third for New Mexico, all under the Richardson administration, which pursued that designation for the Valle Vidal in 2006 and supported the efforts of Amigos Bravos to gain designation for the Rio Santa Barbara in 2005. Dr. Ron Loehman, New Mexico Trout conservation chairman, said, "Our more than 400 volunteer members are deeply concerned about the health of streams and riparian areas in the state. This proposal recognizes the importance of the headwaters streams to all of New Mexico and, once enacted, it will ensure they remain as resources for clean water, recreation, and wildlife habitat." It all starts with clean water. Category: Colorado Water 6:06:52 PM     Fountain Creek management Here's an update on the Fountain Foundation, formed in January, to spearhead management of the creek, from The Pueblo Chieftain. From the article: A foundation wants to raise almost $5 million by 2009 and begin developing educational projects on Fountain Creek. The Fountain Creek Foundation formed in January and already is working toward developing the first of two demonstration projects proposed under the Fountain Creek Master Plan, a cooperative agreement between Colorado Springs and the Lower Arkansas Valley Water Conservancy District... The foundation board will not play favorites between the two communities, but will provide stewardship for Fountain Creek in a neutral, transparent way, said Struthers, who was recruited by Kevin Shanks, lead consultant in the master plan process, to lead the foundation... The emphasis of the first project, an interpretive center near Pinon, would provide an educational opportunity that would connect the next generation to Fountain Creek, Struthers said. "We believe that children and families are increasingly disconnected from the world that surrounds us," Struthers said. "The only way for the Fountain Creek watershed to be preserved into the future is the education of the next generation." The environmental stewardship center is expected to be completed by June 1, 2010, and would provide wildlife viewing and a place where the issues that surround Fountain Creek could be discussed, Struthers said. Struthers said he was impressed during a recent visit to the site, and identified 13 different tracks of animals, including deer, elk and turkey... Struthers said the foundation is still in its infancy, and will over time look at other projects in the watershed. A second project already identified in the master plan would create a Fountain Creek activities center closer to Colorado Springs. The foundation's projects would complement the work of others and would not preclude the need for some sort of authority to undertake more substantial flood control projects, he said... The Fountain Creek Foundation formed in January to fund and develop projects along Fountain Creek, concentrating on educational, recreational and economic opportunities. - The foundation plans to raise $4.75 million by Christmas, 2009. - Its first project will be an environmental stewardship center near Pinon, scheduled to open July 1, 2010. - Board members are David Struthers, Denver, president; Michael Kuhne, Florida; Sue Cortesi, California; Racheal Wallis, La Junta; Linda Everetts, Denver; Dr. Richard Lawrence, Pueblo; Ryan Pocius, Colorado Springs. - Struthers may be contacted at 303-708-1300, or consultstruthers@struthersandassociates.com More Coyote Gulch coverage here. Category: Colorado Water 7:20:53 AM     Alamosa scores $1 million for new water tank From The Pueblo Chieftain: "The state Department of Local Affairs will grant $1 million to fund a new water storage tank [for Alamosa], according to a release sent out by state Sen. Gail Schwartz, D-Snowmass Village. Schwartz said the money would be available to the city 'in short order,' although she cautioned there may be some planning that might still have to be done." More Coyote Gulch coverage here. Category: Colorado Water 7:12:39 AM     San Luis Valley: Groundwater sub-districts and soil conservation Here's a look at the proposed groundwater sub-districts in the San Luis Valley and their potential effects on soil erosion, from The Valley Courier. From the article: The San Luis Valley may literally be losing ground through water preservation efforts. Members of the SLV Association of Conservation Districts told Rio Grande Water Conservation District board members during their April quarterly meeting that water conservation efforts may hinder soil conservation efforts. Fallowing land to reduce water consumption could create soil erosion problems, they said. Conservation District President Cathy McNeil told the water board that retiring a great deal of land through the sub-districts would create "a serious soil erosion issue." Natural Resources Conservation Services (NRCS) District Conservationist Cindy Crist added that the soils within the sub-district are highly erodable. She said only about 50 percent of the people in the sub-district are currently eligible for U.S. Department of Agriculture programs so those who might wish to participate in soil conservation programs would need to come in to the NRCS office and develop a conservation plan with staff. She said if the Valley is going to follow through with CREP (Conservation Reserve Enhancement Program), potential participants need to develop conservation plans. "It's not an overnight process,[per thou] she said. "That's a requirement for our programs." Crist said it could take a month or more to develop and approve a conservation plan. Conservation District Board member Cory Off clarified that 50 percent of the farms in Rio Grande County, one of the counties in the first sub-district, are not currently enrolled in USDA conservation programs. He said if that were true for Rio Grande County, it would probably be true for other counties in the first sub-district. "If we are looking for CREP participation, that effectively eliminated half the people right off the bat," he said. He said of the 614 farms in Rio Grande County, 298 are participating in some form of NRCS or Farm Service Agency program, so the conservation district board wants to target those who are not already involved. He asked the water board for some financial help in getting the word out. He said the board wants to send information about conservation programs not only to those in the first sub-district but also to residents throughout the San Luis Valley. He asked if the sub-district list of names and addresses could be tapped for such a mailing. Category: Colorado Water 7:07:34 AM     Climate Change: The earth is a beautifully complex system The potential for regional conflicts from climate change is the subject of this article from The Environmental News Network. They write: Countries around the world have hugely underestimated the potential conflicts stemming from climate change and must invest heavily to correct that mistake, a report said on Wednesday. The report for Britain's Royal United Services Institute (RUSI) by environment expert Nick Mabey said the response had been "slow and inadequate" and to rectify it spending needed to surge to levels comparable to sums spent on counter-terrorism. "If climate change is not slowed and critical environmental thresholds are exceeded, then it will become a primary driver of conflicts between and within states," said the report "Delivering Climate Security: International Security Responses to a Climate-Changed World." Category: Climate Change News 6:58:22 AM     Commerce City NPDES permit application From Youhub.com: "In keeping with state law, the city has applied for a permit for discharges of storm water to the storm sewer system. Select municipalities must apply for this permit, which must be renewed every five years by the Colorado Department of Public Health and Environment. The city's application will be available for public review for a 30-day period, April 28-May 28. The application will be posted on the Commerce City Web site at www.c3gov.com. Hard copies of the application will be available at the Municipal Service Center, 8602 Rosemary St. The public may submit comments electronically by clicking on a link at the city's Web site. Written comments are also welcome and may be submitted directly to the Public Works Department at the Municipal Service Center. Comments will be reviewed by staff and may be included in the permit application. For more information, please call Chris Sveum at (303) 289-8174." Category: Colorado Water 6:51:08 AM     Runoff Here's some runoff news from The Steamboat Pilot & Today. From the article: The Yampa Valley shed a portion of its spring flooding concerns this week as streamflows in the Yampa and Elk rivers bounced above historic norms. The increasing flows are a sign that low-elevation snowmelt finally is under way. The highest potential for runoff remains intact in the snowpack on the Continental Divide east of Steamboat Springs... Both rivers [Colorado and Yampa] languished below historic average streamflows April 16 through 19. But that trend reversed itself April 20, when the Yampa jumped above 600 cubic feet per second at the Fifth Street Bridge in Steamboat for the first time this spring. April 20, coincidentally, is the date when the river typically begins to rise toward its peak in late May. By Wednesday, the river had climbed to 1,300 cfs at the peak of its diurnal cycle. Wednesday's reading by the U.S. Geological Survey showed the river at a full 500 cfs above its historic median flow of 833 cfs for the date. The upper Elk River holds some of the densest snowpack in the region. The Elk, near its confluence with the Yampa, jumped dramatically April 19 from 600 cfs to 1,300 cfs. The next day, the river ran all the way up to 1,600 cfs. Despite the dramatic change, there is no indication of flooding. The river at that level still is 4 feet below flood stage. The average streamflow at the mouth of the Elk on this date is 900 cfs. More coverage from The Steamboat Pilot & Today: Dry Creek's swift waters make Hayden Police Chief Ray Birch nervous. "Dry Creek is high enough and swift enough to pose a real hazard and danger for kids," Birch said. The creek surged Saturday night after warm weather melted snow, he said. Police have been keeping an eye on the waterway in the western part of town...The Yampa River was flowing at 852 cubic feet per second Tuesday. The U.S. Geological Survey and the Colorado River Water Conservation District measure the flow about 30 feet upstream from the Fifth Street Bridge in Steam boat Springs. The median for the date is 748 cfs, and the average is 808. The flow still is far below the fastest on record: 2,640 cfs in 1962. The slowest was 201 cfs... Category: Colorado Water 6:41:41 AM     Crowley County revegetation? Revegetation of farmland dried up by water sales is the subject of this article from The Pueblo Chieftain. They write: The fires that killed two firefighters, destroyed eight homes and caused the evacuation of Ordway raced through thousands of acres of former farm ground dried up by water sales to cities. The fire clearly focuses attention on the need for better revegetation plans during water transfers, the Lower Arkansas Valley Water Conservancy District board agreed on Wednesday. "We need to keep thinking about revegetation because we don't want this to happen again," said Wayne Whittaker, Otero County director. The rest of the board agreed to start working with federal, state and Crowley County officials to find a better long-term solution for Crowley County. Meanwhile, the Lower Ark plans to continue to insist on long-term monitoring for revegetation in court cases, as it did in a change case on Excelsior Ditch last year. The board also made plans to intervene in an upcoming change case by Tri-State Generation and Transmission Association for shares it bought on the Amity Canal in Prowers County. Groves of elms, fields of tall weeds and stands of tamarisk have replaced cropland in the 20 years since most of the remaining water rights in the county were sold to Colorado Springs and Aurora. Earlier, most of the Colorado Canal's shares in Twin Lakes were sold to those cities, joined by the Pueblo Board of Water Works and Pueblo West. The revegetation plans for the county were always considered inadequate. In its agreement to sell water shares to Colorado Springs, the Foxley Land Co. indicated it would revegetate the land. Aurora agreed to revegetate land subject to review by an expert panel, after buying water rights, but not the farmland. There is lingering resentment in the county over how the revegetation was done... Lower Ark Chairman John Singletary said Crowley County revegetation was one of the items the Lower Ark included in its negotiations with Colorado Springs over water issues. Other than an agreement on Fountain Creek, the negotiations stalled last year as the two sides were unable to agree on the most substantiative issues of water storage and the Southern Delivery System. Category: Colorado Water 6:35:50 AM

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