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Sunday, September 7, 2008
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Here's a look at the water court committee of the Colorado Supreme Court, from The Valley Courier. From the article:
...the water committee will work on refinements such as revisions to water court forms to make them clearer and easier to understand.
Two men with longstanding ties to San Luis Valley water issues served on the interim committee and continue to serve on the standing committee that meets today, Sept. 4, in Denver. District Judge O. John Kuenhold, the chief judge of the 12th Judicial District and the water judge for the district, continues to serve on the water committee, as does attorney David Robbins who has represented the Rio Grande Water Conservation District in the Valley for many years. Robbins headed a subcommittee dealing with expert witnesses in water cases, and Kuenhold served on that committee as well as others who have been involved in legal water issues in the Valley including attorneys John McClure and Bill Hillhouse. "It was quite an outstanding group of people," Kuenhold said. The subcommittee met about a dozen times in the past eight months...
Kuenhold said the water committee as a whole tried to find ways to streamline the water court process so those involved in water cases would not have to spend as much time and money in court. The cost of water cases was a driving factor in creating the water committee in the first place, Kuenhold explained.
One of the reforms that needed to be made was in the water referee stage where water cases would sometimes linger longer than they should have, Kuenhold said. Cases remained at that level in hopes the parties would be able to resolve them short of an expensive water trial, Kuenhold said. Attorney Peg Russell serves as water referee in the Valley. She has been working one-fourth time as referee but became full time with the water courts on Sept. 1. Kuenhold said cases that were destined for trial were not making it into the water courts soon enough and some of the changes proposed by the water committee were designed to move these cases through the water court system more rapidly...
One water court reform in which the Valley is ahead of its time is electronic filing. The water committee agreed that all water cases should be electronically filed. The 12th Judicial District (the Valley) was the first to do that, Kuenhold said. "Electronic filing works really well for water cases," he said.
The judge added that the recent drought in Colorado resulted in more water case filings such as filings for replacement wells.
The water committee recommended that staff be added or reassigned where water courts are overloaded throughout the state. Currently that is in the South Platte, Kuenhold said.
Thanks to the Water Information Program for the link. More Coyote Gulch coverage here.
Category: Colorado Water
9:54:10 AM 
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On Wednesday the EPA added the Nelson Tunnel and Commodore waste rock pile to their superfund sites. Here's a report from The Valley Courier. From the article:
The Nelson Tunnel/Commodore Waste Rock pile is part of the Creede Mining District, one of Colorado's largest historic silver mining districts. The area is located along West Willow Creek, which flows into Willow Creek, a tributary of the Rio Grande River. The Nelson Tunnel and Commodore Waste Rock pile are the two largest contributors of toxic heavy metals in the Willow Creek drainage according to the EPA. The tunnel adit directly discharges contaminated water from old mine workings into West Willow Creek. The waste rock pile, located adjacent to the adit, consists of mineralized rock discarded during excavation of the adit. Periodic runoff from this exposed pile is a significant source of heavy metals to the creek.
The Superfund listing allows EPA to address technically complex and potentially costly problems before more contaminants are washed downstream. The listing also provides for long-term monitoring and maintenance of work completed. The NPL is a published list of sites that are contaminated by hazardous substances and eligible for extensive, long-term cleanup under the Superfund program. Listing on the NPL makes the Nelson Tunnel/Commodore Waste Rock Site eligible to receive federal funds for cleanup while EPA seeks to recover costs from identified responsible parties. The Superfund listing also provides the public an opportunity to participate in cleanup decisions. Affected communities are also eligible for EPA technical assistance grants to help with the interpretation of site and cleanup information and to facilitate community involvement. In addition, the National Historic and Preservation Act requires federal agencies to consider the effects of their activities on historic properties on and around the site.
Thanks to the Water Information Program for the link. More Coyote Gulch coverage here.
Category: Colorado Water
9:42:50 AM
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From The Grand Junction Daily Sentinel: "'Up there' is on Pinon Mesa, north of Colorado Highway 141, south of Glade Park. Up there, where the temperature averages 10 to 20 degrees cooler than the valley floor, Fruita owns four small reservoirs and 80 acres of land that many locals know as easily accessible campgrounds. The water collected there is primarily used for recreation, but some Glade Park residents use it for irrigation. The city of Fruita depends on Ute Water for its drinking supply. Some officials say the city has neglected the lakes, which were constructed in the early 1900s, and could struggle to maintain future water rights."
More from the article:
Earlier this summer, city engineers drew down the water level of the already depleted Reservoir No. 1 to inspect its dam. The city has until the end of the year to comply with a 2001 order from the Colorado State Division of Water Resources Dam Safety Branch to complete design plans to repair the reservoir's old dam. City Manager Clint Kinney said the city is spending $100,000 for the engineering firm of Drexel, Barrell & Co. to do an analysis and design repairs. The city also has met all due diligence filing deadlines to maintain its water rights, he said. The city has been prioritizing repairs to the reservoirs, spending an average of $80,000 a year for the last four years, Kinney said. In the last decade, it has made substantial improvements to Enoch Lake and Reservoir No. 2, he said. "Reservoir No. 2 and Enoch (Lake) are in good shape. Reservoir No. 1 and No. 3 need attention," Kinney said. The city had approvals from the state to repair the spillway for No. 3, but after five years of inaction by the city, those approvals expired, Jackson said. Kinney said the city put off making the repairs because it now has a much less expensive and more effective way to make the repairs. The dam for Reservoir No. 1 has had two landslides, and both resulted in minimal repairs done, leaving the lake at a low level, Jackson said. In 2001, the state ordered the city to purposely breach the dam of reservoir No. 1 because it was showing signs of failure. The dams for Reservoirs 1 and 2 are rated as significant hazards by the state, meaning that if they were to break when the reservoirs were full, it could be a significant hazard to property, but a minimal threat to human life, Jackson said. In 2000, the city was ordered by the state to upgrade the spillway or breach the dam of Reservoir No. 3 because it was deteriorating. In 2005, Tom Huston, Fruita public works director, estimated repairs would cost $275,000: $150,000 for Reservoir No. 1, $75,000 for Reservoir No. 3, $25,000 to repair a pipeline from Reservoir No. 2 to the main Fruita waterworks; and another $25,000 for miscellaneous repairs to springs and piping, according to recorded minutes of a Fruita City Council meeting.
Category: Colorado Water
6:34:32 AM
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A serious national energy policy and discussion about the trade-offs between development and its environmental, social and infrastructure impacts have not caught on as part of the national dialog. In Colorado however those issues are front and center in the senate race between Mark Udall and Bob Schaffer. Here's a recap from yesterday's Club 20 debate between the candidates, from The Pueblo Chieftain. From the article:
Potential oil shale development, water and U.S. energy policy drew sharp lines between U.S. Senate candidates Mark Udall and Bob Schaffer as they debated before Club 20 on the Western Slope Saturday night...
Udall, citing a Grand Junction Daily Sentinel editorial opposing leasing oil shale tracts until vital questions about water and power can be answered, called for a continued moratorium on leasing by the Bureau of Land Management. "We're not going to turn northwest Colorado into a sacrifice zone with so many unknowns," the Democratic 2nd District congressman said. "Counties and communities on the West Slope are urging the BLM to go slow."
Schaffer, the former congressman from the 4th District, said he believes the moratorium is "counterproductive. It keeps us from asking the questions we need. Applicants need to know the rules, lease sizes, royalties." He said Udall, U.S. Sen. Ken Salazar, D-Colo., and Gov. Bill Ritter "have done nothing about these questions." Schaffer said there is "no rush to development. We're probably 10 to 15 years away from a business standpoint."
Udall said he has "already joined" the so-called "Gang of 16" senators who are proposing a comprehensive energy plan for the county, which he said is "an opportunity to throw the kitchen sink at energy." Among other things, he said, the bill calls for off-shore drilling, nuclear power, coal, oil and gas, renewables and car efficiency standards. But Schaffer said there is a "bipartisan bill on the House floor right now, but the House took time to go on vacation." He said the Gang of 16 proposal is "drive-by energy policy" and called for development of American energy...
Schaffer slammed Udall for supporting a reduction of Colorado's oil and gas royalties, which used to be split 50-50 between the federal government and the states where oil and gas development is occurring. The recent change means the federal government keeps 51 percent, with states getting 49 percent. Udall said the Bush administration was responsible for inserting the change, "and we're working to fix it."
Udall also attacked Schaffer for supporting Referendum A, a 2003 ballot measure that would have provided $2 billion for financing of water projects. The measure failed in all of the state's counties. He said former Rep. Scott McInnis, R-Colo., "accused you (Schaffer) of selling out the Western Slope and the San Luis Valley with Referendum A." "I happen to be in favor of water storage," Schaffer responded. "I voted for it."
More coverage from The Denver Post. They write:
Helped by the debate's format, the event produced one of those rare moments on this campaign when Udall and Republican Bob Schaffer confronted each other with their own questions. And neither held back. Udall asked whether Schaffer regretted a fact-finding trip to the Northern Mariana Islands which turned out to be paid for by allies of jailed lobbyist Jack Abramoff. (Schaffer said no).
And Schaffer asked why Udall authored a bill to allow American companies to drill off the coast of Cuba, potentially helping prop up the communist regime. (Udall gave no clear answer).
Near the debate's end, the two were asked to come up with three things on which they would vote differently from Wayne Allard, the Republican who currently holds the seat. Udall ticked off a list of major votes: Allard's vote for the Iraq war (which Udall opposed); his vote against a Federal Renewable Electricity Standard (which over time would require 20 percent of the nation's electricity to come from renewable sources); and the vote by Allard for the Bush tax cuts (Udall supports tax cuts targeted at the middle class). Schaffer paused for a moment, and then said he could think of only a few minor differences he has with Allard, in whose footsteps Schaffer has often said he wants to follow. "I think Sen. Allard has done a heroic job as a member of the United States Senate," Schaffer said.
More Coyote Gulch coverage here, here and here.
Category: Denver November 2008 Election
5:41:01 AM
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© Copyright
2008
John Orr.
Last update:
10/1/08; 6:33:35 AM.
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