Colorado-Big Thompson Project scores $14 million in stimulus dough

From the Sky-Hi Daily News (Tonya Bina):

Grand County is asking that $100,000 to $200,000 of the C-BT stimulus money be spared, according to an April 23 letter the county manager sent to the Bureau’s eastern Colorado area manager. The money is needed for an appraisal plan, the county’s letter states, which might become the first step toward a solution to Grand Lake’s water quality problems. County officials have called the lake’s water quality “an environmental disaster that needs to be fixed.” In recent years, Grand County has taken the stance that water delivery through the lake, a natural lake made part of the C-BT system about 70 years ago when the system was approved, is degrading the lake’s clarity. “We would respectfully ask that within the $14 million funding allowance, the Bureau might be able to divert up to $200,000 of this funding to begin the appraisal process,” County Manager Lurline Underbrink Curran wrote. The Bureau has told county officials the agency could start the process without congressional go-ahead, but due to budget timing, the Bureau’s first opportunity to assign needed funds would be in 2012.

More Coyote Gulch coverage here.

Energy policy — geothermal: Evaluation of geothermal potential underway in Chaffee County

From The Mountain Mail (Ron Sering):

Thermal gradient drilling began Monday for six holes to gather information about possible generation of electricity using geothermal energy in Chaffee County. Personnel at Mount Princeton Geothermal LLC said the first hole will be on land owned by Taylor Adam east of the intersection of CR 289 and 290 at the bridge south of Deer Valley Ranch and west of Dead Horse Lake. The drilling is the first in several events occurring this week regarding geothermal exploration.

Officials with the governor’s energy office will host an all day geothermal conference at Salida Steam Plant at 8:30 a.m. Thursday.

Friday, officials of Mount Princeton Geothermal will host a tour of test holes and discuss plans for a project to construct the state geothermal electric generation project in the Mount Princeton area. The tour will begin at 8 a.m. with breakfast at Mount Princeton Hot Springs followed by a carpool tour.

The wells, the first such exploration in the area since the 1970s, are permitted as monitoring test holes by the Colorado Division of Water Resources. “The holes are non consumptive (no water pumping) and will be used to measure thermal gradient (temperature change at varying depths) and rock types to determine heat flow in each well,” Fred Henderson III, chief scientist for the local geothermal group, said. “The goal with these six holes is to complete the western side of the high heat flow anomaly drilled by AMAX Exploration Co. in the 1970s.”

More Coyote Gulch coverage here.

New owner for Black Mountain Disposal?

From the Grand Juction Daily Sentinel (Le Roy Standish):

One of Black Mountain’s ponds leaked in 2001. Exactly what spilled, how much spilled and an acceptable plan to clean up the mess has yet to be produced by Black Mountain’s current owner, Elaine Wells. The county closed the facility late last year, and the state has taken Black Mountain Disposal to court, demanding it clean whatever spilled.

But new owners may be on the horizon, meaning that if the property sells, cleanup will be the new owner’s responsibility. On Tuesday, during a review hearing of Black Mountain Disposal’s conditional-use permit and certificates of operation, which the county commission suspended in October, the representative of possible new ownership, Jeffrey Been, said he already hired Walsh Environmental of Grand Junction to start the cleanup process. Been has submitted a letter of intent to the county indicating he represents people who want to buy Black Mountain Disposal. “I have signed a contract to buy the assets of Black Mountain Disposal, and in that contract I have been appointed seller’s agent,” Been wrote in the letter.

The County Commission ruled the facility should remain closed, and it scheduled another hearing in 30 to 90 days to get an update on the progress of the sale and the cleanup.

More Coyote Gulch coverage here.

Bessemer Ditch: Bylaws changes sparking conflict

The Pueblo Board of Water Works is trying to buy shares of the Bessemer Ditch as part of a strategy to lessen the city’s dependence on transmountain water — and to make sure that Pueblo can keep growing of course. The purchase requires changes in the bylaws of the ditch association and that has some of the ditch members alarmed. They’re mounting opposition to the changes according to a report from Chris Woodka writing for the Pueblo Chieftain. From the article:

On one end of the [issue] are the Pueblo Board of Water Works, St. Charles Mesa Water District and those who want to sell to the water board. At the other end are numerous small shareholders who say that the 1894 articles of incorporation and bylaws of the ditch company should not be changed. Neighbors and families are in disagreement about what to do, and a historic decision could be made at a special meeting of shareholders at 6 p.m. May 11 at the Pueblo Convention Center.

Both sides have mailed or handed out a flurry of information in preparation of the meeting to try to sway shareholders. As a mutual ditch association, the decision is up to private water rights holders, just like other water transfers in the Arkansas River basin over the past 50 years have been…

The almost 900 shareholders have stakes ranging from just one share to several hundred. The St. Charles water district has about 2,000 of the 20,000 shares on the ditch. The Pueblo water board wants to buy 5,000 shares, mostly for future needs and to keep thirsty cities to the north from raiding the local canal. In order to do that, however, the water board wants clear direction from the Bessemer shareholders that it will be able to use the water in the future. “We will be investing a large sum of money in these shares and we must protect that investment by amending the governing documents to give us the opportunity to move the shares out the ditch when needed in the future,” water board Executive Director Alan Hamel said in a letter to shareholders…

The Pueblo and St. Charles water boards have committed to use the water within Pueblo County, but the possibility of using the water outside the county would remain in the bylaws at the request of the Bessemer Ditch board, in order to maintain maximum value. The water board also has committed to make improvements on the ditch and lease back the water to shareholders, and states its aims in a way that tries to convince non-sellers they would be hurting neighbors by resisting the changes.

“The effect of not approving the changes to the governing documents is that your friends and neighbors who want to sell will not be able to sell their shares to the Board of Water Works, or any other entity that want to use the water outside the ditch,” Hamel stated.
Some of the shareholders of the Bessemer Ditch who want to sell have written their own letter asking for the cooperation of others, arguing that the change of bylaws will increase the value of everyone’s water rights. “If you have interest in leasing your water (perhaps to the Super Ditch) or selling in the future, then you’ll vote for the changes, allowing the water to be moved from the ditch,” the letter states. The letter is endorsed by 27 shareholders, most of whom are reportedly among those with contracts with the water board. They state that the negotiations between the St. Charles and Pueblo water boards have strengthened protections for shareholders who choose not to sell. The changes in the bylaws and articles of incorporation increase the value of water while maintaining the ability to farm and the quantity of water per share, they say, urging support of the changes.

Opponents of the bylaw changes have presented reasons not to change the bylaws for months. An analysis by Mike Bartolo, a small shareholder on the ditch and head of the Colorado State University Ag Research Center at Rocky Ford, claims the price per acre-foot in the current offer is a little more than $5,000 or roughly half of the cost per share, and criticizes the way the Pueblo water board has portrayed the price. Bartolo also urged shareholders to look at leasing as an opportunity and has joined the Super Ditch board on behalf of Bessemer shareholders. Leonard DiTomaso, who with Mike Klun was elected to the Bessemer Ditch board in January on promises to fight for preserving agriculture on the ditch, has been tireless in sending out letters to try to convince shareholders to leave things as they are. “Everyone I talk to, shareholders and non-shareholders, thinks our ditch should live forever,” DiTomaso said. “I agree. People like seeing our green irrigated farms. Most of the farms are well-managed and cared for.”

More Coyote Gulch coverage here and here.

Loveland: Community Summer Sports Market

From the Fort Collins Coloradoan (Bill Prater):

Vowing to raise enough money to keep the Loveland Kids Fishing Derby free and high-quality family event, the Loveland Fishing Club and City of Loveland are sponsoring a first-ever “Community Summer Sports Market,” to be held Saturday, May 16 under the pavilions at Fairgrounds Park. “For $10, any individual or business can buy a 10×10 space to sell their new or used sports-related stuff,” says Tom Miller, past club president and an organizer of the event. “Clean out your garage, earn some spending money and feel good knowing that 100 percent of the money raised through that $10 fee is going to support the Kids Fishing Derby.”

The free, volunteer-run derby attracted more than 1,200 youngsters and their families last spring. In addition to a top prize for biggest fish, every little angler took something away from the Duck Pond in North Lake Park, including dozens of donated fishing poles, tackle boxes and tackle. Many of the parents can recall their own first fishing adventures at the annual community event.

Southern Delivery System: Gary Bostrom’s influence

Project manager John Fredell has gotten most of the press lately as the public face for Colorado Springs Utilities proposed Southern Delivery System. Here’s some background on Gary Bostrom the chief water planner for CSU who has had a pivotal role in CSU’s water planning for quite a while now, from R. Scott Rappold writing for the Colorado Springs Gazette.

More Coyote Gulch coverage here and here.

Nestlé Waters Chaffee County Project: Commissioners hear more testimony

Here’s a recap of today’s proceedings with the Chaffee County Commissioners, from Lee Hart writing for the Salida Citizen. From the post:

For the first time in four months of public hearings, Nestle was obviously on the warpath as first Nestle project manager Bruce Lauerman, then Nestle lawyer Holly Strablizky took aim at Upper Arkansas Water Conservancy District Manager Terry Scanga…

Lauerman called Scanga’s testimony “fuzzy math.”

Buena Vista resident John Cogswell also cross-examined Scanga challenging the veteran water manager’s assertion that the Aurora-Nestle lease would have a significant adverse net affect. “(UAWCD’s) water argument doesn’t hold water,” Cogswell told the Salida Citizen.

Cogswell tried to get Scanga to agree that Nestle’s lease with Aurora would be no more impactful to water in the basin than irrigating 100 acres of agricultural land. Scanga agreed that while the depletion is the same, the beneficial use of the water is not. A local rancher’s use of the water creates beneficial use within the county while Nestle’s bottled water project creates beneficial use outside the county, Scanga said.

During questioning from Commissioner Tim Glenn, Scanga said the Nestle-Aurora lease compounds the impact to the Upper basin in ways that would not occur if Nestle secured its leased water from another in-basin entity such as Pueblo Board of Water Works or the joint Salida-UAWCD proposal.

On that last point, longtime resident and local Realtor Karin Adams brought more math to light. The Aurora lease will cost Nestle approximately $200,000 for 200 acre feet of water for each of ten years, with an option to renew for another 10-year term. Aurora’s lease to Nestle could be interrupted in the event of a severe drought. Nestle rejected a joint offer from Salida and the UAWCD that would have cost $500,000 but would have provided an in-basin, uninterruptable supply of water that would have protected Nestle and other water rights users in the event of a drought. Scanga said if Nestle had agreed to the Salida-UAWCD proposal, the UAWCD would have re-invested the money to enhance the county’s water portfolio.

On another point, despite Scanga’s assertion to the contrary, Lauerman told the commissioners unequivocably that UAWCD has expressed interest in participating with Aurora in Aurora’s lease to Nestle.

Even if the Chaffee County commissioners approve Nestle’s Special Land Use Permit, Nestle still has to get water court approval for its augmentation plan. The stage has been set for a battle of the titans in water court. Based on Scanga’s predications, there will likely be at least two if not more objectors to the Nestle-Aurroa lease when it goes before the water court in a process that typically takes at least two years.

More Coyote Gulch coverage here and here.

Whitewater sports starting up

From 9News.com (Matt Renoux):

In a matter of days, the rafting season will officially be under way in Colorado and rafting companies have already started preparing for customers…Rafters are optimistic this summer. They say even in a recession business should be good thanks to a strong and slowly melting snowpack in the high country. “The snowpack is great this season we’re looking at right above 100 percent of average on the Arkansas River,” [Campy Campton the owner of Kodi Rafting] said.

From the Vail Daily:

Avon, Colorado’s whitewater park is open and water is running at a good level for surfing…The Whitewater Park was constructed in 2006 and modifications and restoration continued through 2007. With the great snow season this year, the park promises to offer lots of fun throughout the spring and summer for boaters.

Boulder Creek: Restoration of fish habitat

From the Boulder Daily Camera:

The $234,000 restoration project is the result of three years of hard work by Boulder Flycasters, the local chapter of Trout Unlimited, to create a fish-friendly section of stream with stable banks, better recreational access and environmental education opportunities…

Over the decades, the area of Boulder Creek called Rogers Park has been damaged by a nearby sawmill, the construction of Colo. 119, flooding and pollution from the highway. And the dam four miles upstream, which creates Barker Reservoir, has altered the natural stream flow, leaving Rogers Park with wide banks, shallow waters and a relatively uniform stream bottom. In the winter, the stream froze nearly to the bottom, and during droughts the water slowed to a trickle — both scenarios eliminating places where trout can survive. By next week, the stream will have had a total makeover, with deep, calm pools pouring into sections of shallow ripples and quickly moving channels…

The Rogers Park project is funded by Boulder Flycasters, the Fishing is Fun Program, Colorado Trout Unlimited, the Colorado Watershed Restoration Program and Boulder County.

Runoff (Snowpack) news

From the Durango Telegraph:

“…the Dolores Basin’s snowpack level is currently at 93 percent of average, and water managers are carefully considering options for this spring’s spill.”

From the Vail Daily:

The flow of the Eagle River near Minturn rose from 83 cubic feet per second on April 20 to 307 cubic feet per second Monday, according to measurements from the Eagle River Water and Sanitation District. The historic average since 1990 for this time of year is about 139 cubic feet per second…There was 26.4 inches of “snow water equivalent” on the mountain. The historic average for this time of year is about 23.7 inches.

Animas River: Colorado Trout Unlimited’s 2009 Volunteer of the Year

From the Durango Telegraph:

One of Durango’s leading river stewards received national recognition last week. Ty Churchwell, of the Five Rivers Chapter of Trout Unlimited, was recognized as Colorado Trout Unlimited’s 2009 Volunteer of the Year last weekend at the group’s Spring Rendezvous. Churchwell commented that he volunteers out of a sense of obligation both to the Durango community and the Animas watershed. “Those trout keep me sane and our rivers are my ‘church,’” he said. “Healthy rivers are the lifeblood of our communities, and I’m thankful Durango recognizes the value of the Animas to our community.”

The award also spotlighted the Animas River Restoration Project, which Churchwell is helping to spearhead. The City of Durango was awarded an $86,000 grant from the Colorado Division of Wildlife for habitat improvements and bank stabilization for the stretch of river between 9th Street and the Highway 160 bridge. The project, which is planned for August, is meant to improve fish habitat while restoring riparian areas along the western river bank. With the high flows and increased use of the area in recent years, a number of native cottonwoods and shrubs along the banks have disappeared, leading to further erosion and habitat damage.

Bessemer Ditch: A look at one farmer who plans to sell his water

The sale of agricultural water is fraught with emotion. Here’s a look at one farmer that has signed a purchase contract with the Pueblo Board of Water Works for his shares in the Bessemer Ditch, from Chris Woodka writing for the Pueblo Chieftain.

More Coyote Gulch coverage here and here.

Roaring Fork River: CDOT flood control project

From the Aspen Daily News:

Colorado Department of Transportation crews are expected to begin work late this week or early next week on the edge of the Roaring Fork River upstream from the Basalt bypass bridge at mile marker 23.5 on State Highway 82. The crews will be removing rock and sand from a natural corner of the river just upstream from the low-ceilinged bridge in order to make room for the river to pass under the bridge at high water. The project did not require a 404 permit — which regulates the discharge of dredged or fill material into water — from the U.S. Army Corps of Engineers because of a bridge maintenance exemption and because the rock and sand will be trucked off site so there will be filling of wetlands, according to CDOT officials…

CDOT crews will not be working in the river itself, but instead will be working from the side of the river to remove a sand and rock bar that has formed on river, right upstream of the highway bridge. They plan to leave a portion of the sandbar — the edge closest to the middle of the river — as a berm that continues to guide the river around the corner and under the bridge. But at high water the remaining berm is expected to be breached, which will allow some of the river to flow under the river-right side of the bridge. “There will be no work done in the water,” Gaymon said, adding that the work is not expected to interfere with the river or irrigation ditches in the area. “All we are trying to do is get back to where the river at high water is able to flow at full capacity under the bridge.”

Arkansas headwaters: Community Clean ‘n Cruise

From the Salida Citizen:

Be a part of “Community Clean ‘n Cruise” on Saturday, May 16. Arkansas Headwaters Recreation Area (AHRA) and GARNA are again teaming up for the 18th annual Arkansas River Clean Up Green Up. Join fellow volunteers to beautify a section of the river and then enjoy a picnic with music by the Groove Farmers in Riverside Park in Salida. Pre-register through AHRA by calling 539-7289 or drop by the office at Sackett and G Streets. Or register on Saturday morning between 8:30-9:30 AM at AHRA. Picnic and music from 12-3 PM. Plan on staying in town for the Salida Police Bike Rodeo, a free bike safety event for children 12 and under, 2-4 PM at the F Street Bridge. Later, the Cruiser Crit, the entertaining FIBArk fundraiser will take place with a 4:30ish PM race start downtown and after party at Moonlight Pizza. For more information about Clean Up Green Up, please call GARNA at 539-5106.

Nestlé Waters Chaffee County Project: Commissioners hearing continued to April 29

From the Chaffee County website. “The Board of Commissioners continued the April 21st hearing to April 29, 2009, to be held at the Salida Steam Plant, 220 W Sackett starting at 1:00 p.m. This hearing will be for public comment only beginning at 1:00 p.m. A break will be taken from 5:00 p.m. until 6:00 p.m.”

Thanks to the Salida Citizen for the link.

The Salida Citizen is also running a piece from Linda Erickson with recommendations from representatives of the Sierra Club. From the post:

Suggestions from Steve Glazer and the Sierra Club:

- postpone any decision until a new hydrology study has been completed;
- that report should contain an inventory of all wetlands that could be impacted by the pumping or pipeline construction, a monitoring plan to reveal any changes impacting the wetlands, and most importantly–a mitigation plan to remediate identified impacts;
- set up a strategy to deal with potential injury to any other water users (that would be better than having to go to water court to address that potential injury);
- and require financial surety to pay for any impacts from the development and operation of the project.

More Coyote Gulch coverage here and here.

Precipitation news

From the Boulder Daily Camera (Amy Bounds):

Rain and snow storms have drenched Boulder with 5.86 inches of water in April, making it the wettest month in a decade. Adding in a late-March snowstorm, the city is up to about 7.5 inches of precipitation in the last five weeks, said Matt Kelsch, a meteorologist with Boulder’s University Corporation for Atmospheric Research. The last month that brought more showers was April 1999, which recorded 7.55 inches of moisture, Kelsch said.

Grand Lake: Trustees pass ordinance to protect surface water

From the Sky-Hi Daily News (Tonya Bina):

In Grand Lake, those who apply tree pesticides and phosphorous fertilizers are now required by law to spray 30 feet back from any water source, according to a new law passed on Monday that closes possible loopholes in chemical labels. The law, which saw little resistance among community members during its passage, levies fines of $100 to $300 per illegally sprayed tree. The law aims to prevent chemical spray drift from entering water sources such as rivers, streams and the lake in an effort to protect the town’s wellhead and drinking supply as well as to protect fish food sources.

San Luis Valley: First groundwater sub-district plan review gets extension from Judge Kuenhold

Judge O. John Kuenhold has given the people working on the rules for the Valley’s first groundwater management sub-district another week to come up with a solution for protecting senior rights holders and other items specified in his ruling earlier this year. Here’s a report from Ruth Heide writing for the Valley Courier. From the article:

The modified plan went out to objectors on Friday afternoon. The attorneys said they had not had time between Friday afternoon and Monday afternoon’s status conference to review the changes in the plan, so Judge Kuenhold gave them another week, until Monday, May 4. In the meantime he asked the parties to discuss among themselves whether they could agree or disagree on the changes to the plan. Kuenhold has scheduled an August trial in the event the parties do not agree. Attorney Ingrid Barrier who has been working with the sub-district board to modify its plan told the judge she sent out draft changes on Friday including copies of appendixes addressing annual replacements, the well data base and sub-district efforts to document how it will calculate credits. She encouraged other attorneys to contact her with any questions or concerns. She added that the sub-district board is on a short time schedule to get its plan adopted and finalized by the June deadline set by the court. “We are galloping toward that,” she said.

More Coyote Gulch coverage here and here.

Pueblo: City acquires parcels from Burlington Northern for flood control

From the Pueblo Chieftain (Peter Roper):

At its regular meeting, council approved an ordinance giving the city 14 small parcels of railroad property running along the railroad right-of-way that extends from 24th Street south to the low-lying neighborhood near the train yard at Midtown. Peppersauce Bottoms has been drenched in storm floods in past summers, but city officials are planning to build several detention ponds to halt flooding. Dennis Maroney, director of the city’s stormwater utility, said the land negotiations had taken nearly two years, but the city will take possession of the land at no cost. Once the paperwork on the land acquisition is completed, the city will begin an environmental review of the sites, to make certain no unanticipated problems exist. What the city intends is to build detention ponds on the former railroad land at 24th Street, 22nd Street, 18th Street and then an infiltration pond closer to the neighborhood. Maroney said all of that work would be completed for the $800,000 that council has been budgeting for the work since 2007.

Southeastern Colorado erosion control projects score some stimulus dough

From the Pueblo Chieftain:

our watershed projects aimed at erosion control or habitat in Southeastern Colorado are part of President Barack Obama’s economic stimulus package. The projects total more than $1.1 million and were announced Monday by Secretary of Agriculture Tom Vilsack. The money will go toward more than 50 projects in four areas covering about 288,000 acres in Pueblo, Otero, Bent, Prowers and Las Animas counties. Work is sponsored in partnerships between the Natural Resources Conservation Service and landowners. The projects will reduce erosion and sediment deposits into Lake Trinidad and the Arkansas River. Some have been in the planning process for a decade, but never started because of funding, said Allen Green, state conservationist.

H.B. 09-1303: Admin Mineral Development Water Wells

Here’s a look at last week’s ruling by the Colorado Supreme Court which upheld a water court decision that water produced from coalbed methane wells is a beneficial use of the water and therefore subject to regulation by the state, from Randy Woock writing for the Trinidad Times-Independent. From the article:

The Supreme Court’s decision cited the Water Right Determination and Administration Act of 1969, which defined beneficial use as “…the use of that amount of water that is reasonable and appropriate under reasonably efficient practices to accomplish without waste the purpose for which the appropriation is lawfully made.” The court’s decision stated that, “Under the language of the Act, the (CBM) process “uses” water – by extracting it from the ground and storing it in tanks – to “accomplish” a particular “purpose” – the release of methane gas. Consequently, the extraction of water to facilitate (CBM) production is a “beneficial use” as defined in the Act and a “well” as defined in the Colorado Ground Water Management Act. ” The produced water from the CBM process had previously been considered a waste by-product, but the court’s decision rejected such a classification. “We reject the argument that water used in (CBM) production is merely a nuisance rather than a ‘beneficial use.’” the decision stated. “On the contrary, the use of water in (CBM) production is an integral part of the process itself. The presence and subsequent controlled extraction of the water makes the capture of methane gas possible.”[...]

Pioneer Natural Resources, the largest operator of CBM wells in Las Animas County, issued a response Thursday to The Times regarding the Supreme Court’s decision in the Vance case. “Pioneer has been following the case for some time and is presently evaluating the ramifications of the Supreme Court’s ruling,” Tom Sheffield, Vice President of Pioneer’s Rockies Assets Team, stated. “We appreciate the foresight of Representative (Kathleen) Curry, Senator (Jim) Isgar and the (SEO) for introducing a measure providing adequate time for a coordinated roll out of activities required by the new ruling while protecting existing tributary water rights in the state. That legislation, House Bill 1303, will be key to all Las Animas County water owners when it is passed and signed into law.”

According to Curry, House sponsor of HB 09-1303, the bill would provide breathing space for the large number of operators whose wells were just rendered out of compliance by the court’s decision. The bill would extend the amount of time available to operators to bring their wells into compliance with the permitting process as required by the court’s decision from 60 days to 270. “If I hadn’t run (HB 09-1303)…the Vance case affirms that about 5,000 gas wells would have been shut down, so we ran that bill to make sure there was a permitting process in place for (CBM) wells,” Curry said. “If we hadn’t run the bill, the Vance case, based on the ruling…all of those wells would have been out of compliance; we were guessing the the Supreme Court would rule that produced water is a beneficial use.”

Curry described the primary goal of the bill as setting up a regulatory process to “ensure that preexisting water users aren’t injured,” while also creating a process to brings all the CBM wells into the SEO’s regulatory framework. “It implements the decision, so I think we did a preemptive strike, knowing that the decision could put us in a position where they (the SEO) could have to review well permits for 5,000 wells in a 60 day period, and that’s just not practical,” she said. “They only do 1,000-2,000 well permits a year, and there would have been a 60 day period where all the operators on those (CBM) wells would have had to come into the (SEO) to get a permit. At least this way now we’ve got a way where the state can handle the workload and the operators can come into compliance.” HB 09-1303 also provides a requirement for augmentation for wells that might be depleting senior domestic water rights or existing domestic wells, and gives the state engineer the right to set additional guidelines for determining tributary versus non-tributary waters, along with the right to take the necessary steps to bring an operation into compliance should the operator have failed to have done so within the 270 day period. The bill stated that it was the legislature’s general intent to “clarify the circumstances under which permits are required when non-tributary ground water is removed in conjunction with the mining of minerals.” Non-tributary water is defined by HB 09-1303 as possessing several characteristics, such as being “withdrawn from a well that is completed in a confined sedimentary bedrock formation,” in addition to, “the well is not completed…in the Raton Basin and the well is located more than (12) miles from any point of contact between the aquifer and any natural stream, including its alluvium.”

More Coyote Gulch coverage here, here and here.

Northeastern Colorado precipitation back above normal (mostly)

From the Denver Post (Tom McGhee):

Heavy spring storms have soaked the Front Range and the Eastern Plains, experts said. “Overall, we have a lot of farmers looking a lot more optimistic then they were 60 days ago,” said Chuck Hanagan, county executive director for the Otero Crowley County Farm Service Agency in southeastern Colorado…

Moisture totals are at 2.89 inches at Denver International Airport so far this month, compared with the 1.93 inches that is normal for April, said Wendy Ryan, research associate at the Colorado Climate Center. The snowpack measures 98 percent of normal statewide, said Mike Gillespie, snow survey supervisor for the Natural Resources Conservation Service. “We were looking at below-average runoffs back on April 1 because of the dry March,” he said. “The other parts of the state have benefitted as much as the Eastern Plains and the Front Range. The only exception is the southwestern corner of the state.”[...]

Both the South Platte and Colorado River basins are above 100 percent of normal, a plus for Denver, which draws its water supply from them, said Greg Fisher, manager of demand planning for Denver Water…The city’s reservoirs are about 86 percent full, compared with the long- term median of 77 percent, he added.

May 14 hearing set for suspension of Lower Ark lawsuit against Reclamation

The Lower Arkansas Valley Water Conservancy District sued the Bureau of Reclamation a while back over Reclamation’s long-term storage contract with Aurora. The contract allows Aurora to store water in Lake Pueblo — a facility of the Fryingpan-Arkansas Project. The Lower Ark claimed that the project did not authorize use of facilities to move water out of basin. Aurora was allowed to join the lawsuit along with Reclamation. Earlier this year Aurora and the Lower Ark reached an agreement that led to the Lower Ark asking for a time out in the lawsuit with Reclamation. Here’s a report from Chris Woodka writing for the Pueblo Chieftain. From the article:

U.S. District Judge Philip Brimmer set the hearing at the request of the Lower Arkansas Valley Water Conservancy District, Aurora and the U.S. Bureau of Reclamation…

Aurora and the district last month agreed to delay court action on the lawsuit for two years while they try to get Congress to change the law to allow Aurora to use the project to move water out of the valley. In the agreement, Aurora also agreed to pay $2 million for Lower Ark district projects like the Super Ditch and Fountain Creek, to participate in the Super Ditch program, to support legislation for the Arkansas Valley Conduit and to allow the Lower Ark district to buy its way into future Aurora reservoirs or projects in the valley. The district board approved the settlement with little public discussion, saying the success of the Super Ditch and conduit outweighed the damage to the valley from the export of water.

Arkansas Valley Native LLC., landowners in the valley, earlier intervened in the lawsuit in support of the district’s original opposition to the contract. Their attorney said earlier this month the group opposes putting the case on hold. “We need to settle the question of whether it’s legal to use the Fryingpan-Arkansas Project to move water out of the valley,” said attorney Sarah Klahn. Partners in the landowners group are former Southeastern Colorado Water Conservancy District President Wally Stealey, former state Rep. Bob Shoemaker of Canon City, Pueblo Chieftain Publisher Bob Rawlings and Wiley banker Frederick Esgar.

The judge, in setting the hearing, suspended soon-approaching deadlines for submission of written arguments on the merits of the lawsuit. If Brimmer agrees to issue a stay putting the case on hold for two years, he would not need the arguments as soon as previously scheduled.

More Coyote Gulch coverage here and here.

Humpback Chub numbers increasing

Here’s a release from the USGS:

Adult endangered humpback chub (Gila cypha) in Grand Canyon, Arizona, increased by about 50 percent between 2001 and 2008, according to analysis recently conducted by the U.S. Geological Survey. The upward trend reverses population declines from 1989 to 2001. The estimated number of adult chub in the Grand Canyon population is between 6,000 and 10,000, with the most likely number being 7,650 individuals.

The humpback chub is a freshwater fish that may live up to 40 years and is found only in the Colorado River Basin. The humpback chub was placed on the Federal list of endangered species on March 11, 1967. Only six populations of humpback chub are currently known to exist, five above Lees Ferry, Arizona, and one in Grand Canyon, Arizona.

“USGS scientists and their cooperators are actively pursuing research that will increase our understanding of why native fish populations are increasing,” said Matthew Andersen, USGS supervisory biologist. “Experimental flows from Glen Canyon Dam and above average water temperatures as the result of drought conditions may have supported native fish. Removal of some nonnative fish species in select locations may also have helped.”

It is not easy to determine what is causing the rebound because several natural and human-caused changes have taken place between 2000 and 2008. The primary factors thought to be contributing to the findings are as follows:

The experimental removal of large numbers of rainbow trout (Oncorhynchus mykiss) and brown trout (Salmo trutta) from the area near the confluence of the Colorado and Little Colorado Rivers may have benefited humpback chub. Rainbow and brown trout are thought to prey on young fish and compete with humpback chub for food. Between 2003 and 2006, the rainbow trout population in the Colorado River near the Little Colorado River, the area where most Grand Canyon chub are found, was reduced by more than 80%.

Native fishes, including humpback chub, are thought to have benefited from drought-induced warming beginning in 2003. Before 2003, water temperatures in the main channel of the Colorado River have been too cold for humpback chub to successfully reproduce near the Little Colorado River. Humpback chub require a minimum temperature of 16°C (60.8°F). As the level of the Lake Powell has dropped, warmer water found closer to the surface of the reservoir has reached the release structures. In 2005, water temperatures in the mainstem Colorado River near the Little Colorado River exceeded 17°C (62.6°F), the warmest temperatures recorded in this section of the river since the reservoir filled in 1980.

A series of experimental releases from Glen Canyon took place between 2000 and 2008 that may have benefited humpback chub and other native fish. Humpback chub hatched in 1999 may have prospered as the result of substantial in-stream warming as the result of the 2000 low summer steady flow experiment. As a result of the experiment, peak water temperatures in lower sections of Grand Canyon exceeded 20°C (68.5°F) in the summer of 2000, compared with typical peak temperatures of 15-18°C (59-64°F).
Grand Canyon native fish populations have experienced recent improvements, which is not the case elsewhere in the Colorado River Basin. In addition to humpback chub, the flannelmouth sucker (Catostomus latipinnis) and bluehead sucker (Catostomus discobolus), both native Colorado River fish, are stable, appear to have increased in the reach upstream and downstream from the mouth of the Little Colorado River. In this area, scientists have found juvenile and adult fish of both species, suggesting that more successful reproduction is occurring.

“The Grand Canyon is the one bright spot in the Colorado River Basin for native fishes, which is excellent news,” said Matthew Andersen, USGS supervisory biologist.

The likely factors that contributed to the historical decline of Grand Canyon native fish include changes in flow and reduced water temperature resulting from the regulation of the Colorado River by Glen Canyon Dam, the weakening of young fish by the nonnative parasites such as Asian tapeworm (Bothriocephalus acheilognathi), and competition with and predation by nonnative fish species.

Specific recovery goals for humpback chub in Grand Canyon are currently being established by the U.S. Fish and Wildlife Service, which has jurisdiction over the humpback chub as a federally endangered species.

The USGS Southwest Biological Science Center’s Grand Canyon Monitoring and Research Center (GCMRC) is responsible for the synthesis and analysis of fish data collected by a number of cooperating entities, including U.S. Fish and Wildlife Service and Arizona Game and Fish Department. These activities are undertaken as part of the Glen Canyon Dam Adaptive Management Program, which is administered by the U.S. Department of the Interior.

More information is available by visiting the Status and Trends of the Grand Canyon Population of Humpback Chub factsheet and open file report.

Runoff news

From the Vail Daily: “The flow of the Eagle River near Minturn rose from 83 cubic feet per second on April 20 to 307 cubic feet per second Monday, according to measurements from the Eagle River Water and Sanitation District. The historic average since 1990 for this time of year is about 139 cubic feet per second…There was 26.4 inches of ‘snow water equivalent’ on the mountain. The historic average for this time of year is about 23.7 inches.”