From the Pueblo Chieftain: “A plan to build a 560-mile pipeline from Flaming Gorge Reservoir in Wyoming to Colorado’s Front Range will be discussed by the Army Corps of Engineers in Pueblo this week. The scoping meeting is scheduled 6:30 to 9 p.m. Wednesday at Risley Middle School, 625 N. Monument Ave.”
Note: There is a scoping session scheduled tonight at West High School in Denver, 951 Elati St, Denver, CO – (720) 423-5300.
Pueblo: Arkansas River flow program
April 21, 2009
Here’s a background piece on the Arkansas River flow program, from Chris Woodka writing for the Pueblo Chieftain. From the article:
Since the program was set up under a 2004 intergovernmental agreement, nearly 30,000 acre-feet of water has been released through Pueblo that might not have been otherwise. More than half of that came in 2005, when water providers were figuring out how the program would work. About 56 percent of the water released under the flow program came from mandatory curtailment of exchanges – out-of-priority diversions that are accompanied by an equivalent release of water downstream to satisfy other water rights. Those primarily affected Colorado Springs and Aurora. The remainder were releases of water, primarily by the Pueblo Board of Water Works and Colorado Springs, for special events like kayak races. About 71 percent of the water has been recovered downstream and used in later exchanges. In the process of running the program, the water users have learned how to keep water in the river and still make the numbers work, said Alan Ward, water resources administrator for the Pueblo water board…
For the past two years, the partners in the flow program have agreed to keep 100 cfs in the river and rebalance the accounts with paper trades at the end of the winter water storage season after March 15. That has meant less water lost to program participants while preserving the benchmark flows, Ward said.
In recent weeks, the program has surfaced as a core issue in Pueblo County conditions for SDS. Pueblo West filed a lawsuit for exemption for the program, because it could reduce their future water supplies. Pueblo County officials say the Pueblo West claims of losses are exaggerated. Pueblo City Council President Vera Ortegon last week said preservation of the Pueblo flow program was the main reason council voted to reaffirm parts of the 2004 IGA, including Aurora’s right to use the Fryingpan-Arkansas Project, a disputed point in a federal lawsuit. The Pueblo water board and Colorado Springs have signed an agreement that would put water into the Arkansas River – something they were never required to do under the 2004 IGA – if flows reach below 50 cfs. The cities would maintain a 3,000 acre-foot pool for that purpose, but would not be required to contribute in the driest of years.
From the Greeley Tribune (Bill Jackson):
[Luke Shawcross, a water resources engineer with Northern] is developing the model on how that water will be tracked, and if you think that’s complicated, you’re certainly right. The model is designed to catch return flow information from irrigated areas, delivery areas and municipal areas. Once that’s done, Shawcross will develop a flow chart to accurately track the water as it moves through the system.
A return flow is any water that returns to a river or to groundwater. And while C-BT return flows is property of the residents of the eight counties, rain fall runoff to rivers and streams is property of those rivers and streams, which just adds more complications. Andy Pineda, Northern’s water resources manager and Shawcross’ boss, said it’s estimated that return flow to rivers and groundwater from the C-BT could be as much as 100,000 acre-feet. “We need to quantify who got it and how it’s used. But, more importantly, we need to protect it and make sure it stays here,” Pineda said at Northern’s recent spring water users meeting.
From YourHub.com (Erin Feese):
For their efforts to spread the word about water conservation, high school students from Douglas County were recognized by the Colorado General Assembly on April 16. The Water Ambassador program, kicked off this year by the Douglas County Water Resource Authority, is aimed at raising awareness of water issues among citizens in the region, said Mark Shively, DCWRA executive director. The DCWRA is made up of water providers, municipalities and Douglas County government with the mission of conserving water resources.
As Water Ambassadors, high school students teach fourth graders about water conservation and motivate them to embrace water-wise practices at home, which helps inform and engage parents, Shively said.
From the Associated Press (Judith Kohler) via Forbes:
Groundwater pumped out during coal-bed methane drilling is not just a waste product, the court said, ruling on a lawsuit by landowners who say their water supplies are threatened by companies using groundwater to free natural gas in coal seams….
The state engineer’s office and BP America Production Co. argued that water is a byproduct of drilling and should be regulated by state oil and gas rules. BP America re-injects the water it uses into the ground.
But the Supreme Court upheld a state water court ruling that the water is put to beneficial use and, therefore, is subject to state water laws. The justices rejected the argument that water pumped out while drilling gas was “merely a nuisance.”
Here’s a release from Colorado Trout Unlimited and Western Resource Advocates:
April 20, 2009
For Immediate Release
Contact: Mely Whiting, 720-470-4758
Bart Miller, 303-444-1188 x.219Colorado Supreme Court rules in favor of ranchers, Colorado streams
In a first of its kind decision in Colorado, the Colorado Supreme Court today ruled in Vance v. Wolfe that coal bed methane producers have to adhere to the same water rules and regulations as other state water users.
For years, CBM producers were allowed to pump large amounts of tributary groundwater (groundwater connected to nearby streams) as part of their extraction operations without a water right or approvals from the State Engineer and the water courts. Water keeps the CBM in place in underground formations. When groundwater is pumped, the gas is released from the formation and can be captured by producers. CBM producers often re-inject most of the water underground, but in different, deeper formations, so the water is not available to other water users or the nearby streams as it was before the CBM operation.
A State Engineer permit and water court approval are usually required before tributary groundwater can be pumped. These approvals are designed to ensure that the water rights of others, including instream flow rights held by the Colorado Water Conservation Board, are not injured. CBM producers have for years argued that they are not “using” the water but are simply disposing of it, therefore they are not subject to these requirements.
In 2005, two ranchers and water rights owners in Archuleta and La Plata county sued the State Engineer, arguing that his failure to require British Petroleum (BP) to get permits and water court approvals to pump tributary groundwater as part of the company’s CBM production was illegal. Judge Gregory G. Lyman, the water judge in Durango, agreed and the State Engineer and BP appealed to the Colorado Supreme Court. Today’s decision affirms Judge Lyman’s decision, finding that the extraction of tributary groundwater for CBM production is a beneficial use of water subject to water rights administration and approvals by the water courts.
“This is a victory for both ranchers and our streams,” said Mely Whiting, an attorney with the conservation group Trout Unlimited, which participated in the appeal in support of the ranchers. “The decision sends a strong message that just because you are part of the oil and gas industry, you are not above and beyond Colorado water laws.”
“The court made a sound ruling based on a common-sense reading of Colorado law,” said Bart Miller, with Western Resource Advocates, also participating in the appeal by filing an amicus—“friend of the court”—brief on the appeal. “The decision implicitly recognizes the scarcity and value of water in Colorado. It’s an important decision.”
Whiting gave credit for the ruling to the Vance and Fitzgerald families, the ranchers who brought the suit, as well as to Sarah Klahn of the Denver law firm of White & Jankowski. “They did the lion’s share of work, and they deserve congratulations for this important achievement,” she said.
Trout Unlimited is the nation’s largest coldwater conservation organization, with 140,000 members dedicated to conserving, protecting, and restoring North America’s trout and salmon fisheries and their watersheds.
Western Resource Advocates protects the West’s land, air, and water. We work in collaboration with other conservation groups, hunters and fishermen, ranchers, American Indians, and others to ensure a sustainable future for the West.
More coverage from the Denver Post (Mark Jaffe):
The ruling means energy companies must prove to the state engineer that their drilling is not impinging upon senior water rights. If the methane wells do affect neighboring water supplies, companies must provide a plan for increasing those supplies. “In Colorado, water is just as important as gas, and this ruling protects water from drilling,” said Bill Vance, an Archuleta County rancher who was a plaintiff in the lawsuit…
The Colorado Oil and Gas Association said the ruling will “just add more fuel to the fire of uncertainty affecting the oil and gas business in Colorado.” About 5,000 coal-bed methane wells operate in the state, primarily in Las Animas, Archuleta and San Juan counties, according to the state. The San Juan Basin wells alone remove nearly a billion gallons of water a year, according to state data.
Vance and a neighbor, Jim Fitzgerald, filed a lawsuit in 2005 claiming that the state engineer was failing to regulate the wells under state water law. The ranches, at the foot of the HD Mountains in the San Juan Basin, depend on seeps and springs to water hay and alfalfa fields, Vance said. The plaintiffs said that energy companies benefit by removing the water to release the methane. Under Colorado law, any “beneficial use” of water needs a permit.
In oral arguments before the Supreme Court, the state Attorney General’s Office said the water removed from coal seams to get the methane is only an incidental byproduct. BP American Production Co., which operates 695 wells in the San Juan Basin affected by the lawsuit, intervened in the case to support the state.
The Supreme Court agreed with the ranchers and a lower court ruling. Five justices supported the decision, one dissented in part and one did not participate.
In a statement, BP said it was “disappointed” in the ruling but will comply with state water laws and ensure that “senior water rights are protected.” State Engineer Dick Wolfe said only wells that affect tributary streams will need a permit and only those affecting senior water rights will need augmentation plans. He said he does not expect all 5,000 methane wells to need a permit. The energy companies should not have a problem meeting their augmentation plans, Wolfe said. “These are companies with resources to develop a plan, and these operations are not in a highly urban part of the state,” he said. A bill working its way through the legislature, supported by Wolfe and water advocates, would give energy companies a year to file for the permits and until 2012 to file augmentation plans.
From the New York Times (Henry Fountain):
The scope of those potential problems is detailed in a study being published in The Proceedings of the National Academy of Sciences. Tim P. Barnett and David W. Pierce of the Scripps Institution of Oceanography report that under various forecasts of the effects of warming temperatures on runoff into the Colorado, scheduled future water deliveries to the seven states are not sustainable.
The work builds on an earlier study by the researchers that looked at whether Lake Mead, the huge reservoir behind Hoover Dam, would eventually go dry. For the current study, they tweaked their model of river inflows and outflows and looked at the delivery shortfalls that would be needed to keep Lake Mead at the lowest functioning level. The modifications in the model “didn’t really change any of our answers,” Dr. Barnett said. “It just made the study a lot stronger.”
The study found that, with a 20 percent reduction in runoff, by 2050 nearly 9 of every 10 scheduled deliveries would be missed. But the problem may be even worse, because the allotments were determined in the 20th century, when, according to tree-ring data, the region was wetter than normal. So if drier conditions persist, delivery shortfalls will be even greater.
Beautiful snow (and rain)
April 20, 2009
According to 9News.com the Denver area received record moisture for April 17 last week:
The spring storm brought an estimated two to five inches of moisture to Denver. That amount is the largest amount of moisture in a 24 hour period for the city on the date of April 17. With water levels at rising, city officials are urging people who go to rivers, walkways and bike paths to be cautious.
Mrs. Gulch and I were on a quest for South Platte River photos yesterday and were not disappointed. Click on the thumbnail above see how it looked downstream of Denver at the Colorado 144 bridge east of Weldona on the way to Fort Morgan.
Aspinall Unit: Operations meeting
April 19, 2009
From email from Reclamation (Dan Crabtree):
In response to the beginning of the spring runoff season, Reclamation will be increasing releases from the Aspinall Unit by 300 cfs on Friday April 17. After the change, the total release from Crystal Reservoir will be 1,500 cfs and flow in the Black Canyon and Gunnison Gorge will be about 1,000 cfs.
Please note the Aspinall Operations meeting will held on Thursday April 23rd in Reclamation’s Grand Junction Office beginning at 9:30 a.m. In conjunction with the meeting, the National Weather Service will be holding a Water Supply Meeting beginning at 1:00 p.m. at the same location. Please RSVP Bryon Lawrence at with which meeting you plan to attend to ensure sufficient seating.
Note to Fishermen: Sorry the East Portal Road is not yet open to the public. Still waiting for the basketball-sized rocks to slow their assault on the road.
The Town of Windsor is hoping to get a FEMA grant to repair some of the tornado damage to the shoreline of Windsor Lake, according to a report from Ashley Keesis-Wood writing for the Windsor Beacon. From the article:
The Windsor Town Board agreed to pursue a grant from the Federal Emergency Management Agency that will protect the shoreline along Windsor Lake. “This project allows us to take advantage of some funding made available to us in the wake of the (May 22) tornado,” Windsor Director of Parks and Recreation Melissa Chew said during Monday night’s regular town board session…f the town receives the grant, the funds would go toward a rip rap, or shoreline stabilization, along Windsor Lake to protect the recreational trail as well as two Greeley potable water lines in the area.
Montezuma County: Goodman Point Water District plan
April 19, 2009
From the Cortez Journal: “The board of Montezuma County Commissioners is scheduled to meet at 9 a.m. Monday, April 20, in the commissioners room at 109 W. Main St., Cortez…At 10:30 a.m. a public hearing will cover the Goodman Point Water District’s service plan, which will consider the adequacy of the plan and provide opportunity for public comment.”
Mcphee and Jackson reservoirs status
April 19, 2009
From the Cortez Journal: “Jackson Gulch reservoir live content stood at 3,532 acre-feet with a 9,948 acre-feet maximum capacity and a 5,008 acre-feet average (1971-2000) end-of-month content. At Jackson Gulch, a daily maximum/minimum of zero cubic-feet-per-second was released into the Mancos River, and 37 acre-feet were released for municipal purposes.
“McPhee Reservoir live content stood at 283,214 acre-feet, with a 381,051 acre-feet maximum capacity and a 305,596 average (1986-2000) end-of-month content. At McPhee, 3,766 acre-feet were released into the Dolores River, and 2,348 acre-feet were released for transbasin purposes. At McPhee, a daily maximum/minimum of 76/48 cubic-feet-per-second was released into the Dolores River.”
Here’s the background on Reclamation’s plans for the $14 million in stimulus funds slated for the Colorado-Big Thompson Project, from Pamela Dickman writing for the Loveland Reporter-Herald. From the article:
The Bureau of Reclamation will hire a crew to scrape away and replace the coating of the pipes that carry water from the Colorado-Big Thompson Project to the Flatiron Power Plant. The entire cost of the project, $14 million, will be paid for with federal stimulus money…
The penstocks are large pipes that snake about one mile down Bald Mountain near Carter Lake. They bring water from the Colorado-Big Thompson project to the hydroelectric plant to generate power that is doled out through the Western Area Power Administration grid. This is the first time the coating will be replaced since the penstocks were built in 1962. The replacement coating is a new, upgraded product that should increase reliability and integrity, according to Lamb. Crews will scrape the old coating from the outside of the pipe, which drops 1,064 feet vertically, Lamb said. They also will go inside the pipes, which are 6 feet in diameter, to re-coat the inside.
Meanwhile, from email from Reclamation (Kara Lamb):
If Carter and Horsetooth are in your plans for Sunday, here is a quick update: The work on the Charles Hansen Feeder canal has completed. Currently, we are running about 150 cfs to Horsetooth. We will turn the pump to Carter off over the weekend. Once the pump goes off, expect another 300-or-so cfs to begin flowing to Horsetooth. Carter remains pretty full. Horsetooth is still at a water elevation of 5404, but will begin rising Monday.
Cañon City: DARCA — Ditches 101
April 19, 2009
From the Pueblo Chieftain: “A discussion about maintenance, liability and safety issues surrounding irrigation ditches will be held from 9 a.m. to noon Friday at the Four Mile Community Center, corner of East Main Street and Steinmeier Avenue…Speakers include John McKenzie, Executive Director, DARCA; Charles F. Hix, Hix Insurance Associates, Inc.; Mannie Colon, President, Hydraulic Ditch; and Brenda Jackson, Fremont County attorney. The event is free and open to the public.”
Fountain Creek: Mercury and aluminum
April 19, 2009
From the Pueblo Chieftain: “Trace amounts of mercury and aluminum have been detected in Fountain Creek below Colorado Springs. The elements showed up during testing in March, but researchers are not sure about its origin or how much of a problem it could be. ‘We need to see if it’s a one-time release or an ongoing problem,’ David Lehmpuhl, a chemistry professor at Colorado State University-Pueblo, told the Lower Arkansas Valley Water Conservancy District board.”
Colorado Springs: City targets stormwater fee scofflaws
April 18, 2009
From the Colorado Springs Gazettte (Daniel Chacon): “After a two-year reprieve, the city of Colorado Springs has decided to put its foot down and go after delinquent property owners who owe a combined $2.44 million in outstanding Stormwater Enterprise fees. “I think it’s only fair to those people who are paying their bills and paying their fair share of making sure the stormwater infrastructure is taken care of,” Mayor Lionel Rivera said Thursday.”
Lamar: Council approves lift station design contract
April 18, 2009
From the Lamar Ledger (Aaron Burnett): “The council approved an agreement with The Engineering Company (TEC) for the design of a new wastewater lift station. Total cost for the design is $177,500…Montgomery told the council that a new lift station would replace the current main lift station that is nearing the end of its useful life and is in dire need of replacement. He noted that the current lift station does not have any screening mechanism in place, so debris and solid objects damage the pump works as they pass through. The new lift station would be designed with a screening system that could catch large particulates and remove them from the system said the water resource manager. Montgomery added that because of the methods used to construct the current facility, it is deemed a “confined space” which limits on site expansion or replacement options. Funding for the design of the new lift station will likely come from the water and wastewater fund’s reserves. City Treasurer Linda Rohlman said there appears to be adequate funding for the project available.”
Lower South Platte Water Conservancy District meeting
April 18, 2009
Here’s a recap of Tuesday’s meeting of the Lower South Platte Water Conservancy District, from Judy Debus writing for the Sterling Journal Advocate. From the article:
The board suspended their meeting for a public hearing on the inclusion of a well at the Ovid School District into the LSPWCD plan. The executive committee approved it subject to the approval of a specialty contract with the district. Joe Frank, manager, reported that it was published in the paper and there has been no written or public protests. Receiving no public comment, the board reconvened and moved for the approval of adding the specialty contract. It was approved and placed into the March 10 executive committee meeting minutes…
In his manager’s report, Frank presented information of telemetry remote measurement and reporting. He and Fritzler attended a presentation on the use of that on wells. A possible demo-project is being considered using radios and repeater towers. “The big issue that I was concerned with was if the radios would be reliable,” he said. He and Fritzler also reported that the requirements of manpower and cost for data were concerns, as is long-term maintenance and cost. “The key is for us to find something that really works before someone actually goes out and starts putting this in,” Frank said. There was also discussion of licenses and fees and if that investment should be made now in order to do a demo project. Also discussed was satellite telemetry that might be available through the state. Further investigation into the issue will be made.
The annual Water Festival has been scheduled for May 19 at Northeastern Junior College. Frank reported that there are 475 children are signed up and 22 presenters will be involved.
Here’s a recap of the April 9 meeting of the Republican River Water Conservation District Board of Directors, from Tony Rayl writing for the Yuma Pioneer. From the article:
No significant progress, in regards to getting Kansas and Nebraska to approve the [compliance pipeline] project, has been made in the past few months, it was reported during the Republican River Water Conservation District Board of Directors regular quarterly meeting, last Thursday, April 9, in Yuma. A teleconference with Kansas and Nebraska is set for Tuesday, April 28, for a special RRCA meeting. Colorado will ask for approval for the proposed compact compliance pipeline. If Kansas and Nebraska reject it, as expected, Colorado will move to the arbitration stage.
If not approved, the next step would be arbitration. The system is set up so it is “non-binding” arbitration, meaning the states do not have to adhere to the ruling. It is a step taken, though, in an effort to resolve the issue without going to the U.S. Supreme Court. Colorado, though, is willing to take the pipeline to binding arbitration, meaning the arbitrator’s decision carries weight. “We have offered binding arbitration but Kansas has rejected it, at least initially,” [Alexandra Davis, the assistant director for water for the Department of Natural Resources] said. “We were willing to go to binding arbitration.”[...]
The Republican River Water Conservation District continues to lay the groundwork for the pipeline, while waiting for RRCA approval. Engineer Jim Slattery told the board last Thursday that work continues on easements, an application for a permit from the Corps of Engineers has been submitted, and the district also is dealing with a minor issue with the Colorado Ground Water Commission in regards to “co-mingling” wells. Slattery told the board he has been told bidding among contractors is still competitive due to a slowdown in projects, but it might not last much longer.
The district itself is not moving too far ahead until issues are resolved between the three states. The RRWCD is taking the stance that it developed the pipeline project on the assumption that delivering water to the North Fork would bring Colorado into compliance with the pipeline. However, Kansas asserts Colorado is not in compliance in the South Fork sub-basin, and the pipeline to the North Fork will not address that. Therefore, the district definitely wants that issue resolved, and approval from the RRCA, before building the pipeline. The RRWCD also has requested assurances from state officials that Colroado will drain Bonny Reservoir, or take other actions equivalent to draining Bonny, if Kansas is found to be correct in its interpretation of the South Fork issue.
Also, the Sandhills Groundwater Management District, where the wells for the pipeline are located, has stated it will not hold a hearing on the RRWCD’s request to export water from the management district until the RRCA has approved the augmentation plan.
A $60,000 million, 2-percent interest loan from the Colorado Water Conservation Board was approved by the Colorado Legislature last year, to the RRWCD for the pipeline. The RRWCD does not want to take the risk of borrowing that money until it is certain the pipeline is a go for all parties. Technically, the RRWCD has two years from the date of the loan contract to borrow and complete the project, according to legal representation. The CWCB staff has told the RRWCD it could obtain further time if necessary. However, in light of the budget crisis, the district would like to get going before the end of the year.
More coverage of the meeting from the Yuma Pioneer (Tony Rayl):
The water level at Bonny Reservoir continues to be an issue with the Republican River Water Conservation District. Dave Keeler, the state’s water commissioner for the Republican River Basin, gave a Bonny update to the RRWCD Board during its regular quarterly meeting, last Thursday in Yuma. He said measurements show that currently there is an extra 3,992 acre feet of storage in Bonny, which is considered “out of priority” water. As to when that water will be released, Keeler referred to State Engineer Dick Wolfe. Among the main considerations in releasing the water is the ability to maximize the amount released getting to the gage in Benkleman, Nebraska. It sounds like there will not be a release until the fall. However, there is a live stream flow in the South Fork of the Republican River reaching the Benkelman gage, and there is little irrigation right now. Board Member Eugene Bauerle said the district should consider asking the state to make a release now, since conditions are good for the water getting to the gage.
Alamosa: Council approves sewer rate hike
April 18, 2009
From the Valley Courier (Ruth Heide): “After receiving no public comment during a public hearing on the rate increase, the council voted on an ordinance that will more than double sewer rates over a three-year period. This year the average resident’s utility bill will go up by about $5 a month with proposed increases of another $4 per month each year for the next two years. The average residential customer has been paying about $11.50 a month for sewage services. That involved a flat rate of $3.50 per month plus a usage fee based on $1 per 1,000 gallons of water measured in non-irrigation months (November through February.) Commercial customers paid the same usage fee but their flat rate was $4, and industrial customers’ flat rate was $4.10 per month. The ordinance the council approved on Wednesday increases the flat rate for residential customers from $3.50 to $5 a month and the usage fee from $1 to $1.50 per 1,000 gallons of water. Commercial customers will see an increase of $3 in their flat rate from $4 to $7, and industrial customers’ flat rate will increase just a little more than $3 from $4.10 to $7.20 per month. The usage fees will be the same for all customers, $1.50 per 1,0000 gallons of water. In 2010 the flat rate for residential customers will increase by 25 cents more per month and the cost per 1,000 gallons will increase by 50 cents per month; the flat rate for commercial customers will increase 30 cents per month; and the flat rate for industrial customers will increase 20 cents per month. Again, the usage fee will be the same for all customers in 2010, $2 per 1,000 gallons of water. In 2011 the flat rate will increase 5 cents per month for residential customers and 20 cents for commercial and industrial customers, and the cost per 1,000 gallons will increase by another 50 cents per month, to $2.50.”
Southern Delivery System: Pueblo West to file lawsuit over requirements to join Pueblo flow program
April 18, 2009
From the Pueblo Chieftain (James Amos): “[Pueblo County] has told the Pueblo West Metropolitan District that it must participate in a program to provide recreation water in the Pueblo kayak course if it wants water from Colorado Springs’ Southern Delivery System pipeline. Under state law, Pueblo County can order some requirements on participants in the pipeline because the pipeline is planned to be built in the county. But the flow program comes from an agreement signed in 2004 by Pueblo, Pueblo Board of Water Works, Colorado Springs, Aurora, Fountain and the Southeastern Colorado Water Conservancy District – but not Pueblo West…
“At the board meeting Tuesday night, Pueblo West board members and staff members repeated their belief that the flow program could cost Pueblo West as much as a third of its yearly water. Tom Mullans, the metro district’s attorney, said he’s spent too long helping to create Pueblo West’s portfolio of water rights to watch part of it literally wash down the river.”
Lee Simpson retires from Southeastern board
April 18, 2009
From the Pueblo Chieftain (Chris Woodka): “Simpson stepped down from the Southeastern Colorado Water Conservancy District board Thursday after 28 years of service and was recognized at a luncheon following the monthly meeting. ‘We wish you well in the future,’ President Bill Long told Simpson. ‘You’ve got a pretty good replacement, but he’s got pretty big shoes to fill.’ Simpson’s replacement as Pueblo County director is his son, David Simpson, who like his father before him is the manager of the St. Charles Mesa Water District. The elder Simpson has more than 50 years in water and helped found the St. Charles district, serving as its manager for 36 years. During the 1970s and 1980s, Simpson organized and taught classes for water and wastewater operators. He helped form the Colorado Rural Water Association, which provides training and assistance for water operators throughout the state. He was president of the group for eight years and served for eight years on the National Rural Water Association Board. Simpson also is a member of the Bessemer Ditch board.”
Lower Ark requests 2 year stay in lawsuit with Reclamation over Aurora long-term contract
April 18, 2009
Here’s an update on the lawsuit filed by the Lower Arkansas Valley Water Conservancy District over Reclamation’s long-term storage contract with Aurora, from Chris Woodka writing for the Pueblo Chieftain. From the article:
The Lower Ark district, Aurora and Reclamation Wednesday jointly asked federal Judge Philip A. Brimmer for a two-year stay in Lower Ark’s lawsuit against the Bureau of Reclamation over contracts to Aurora. The stay is part of a March 18 agreement between the Lower Ark and Aurora which could settle the case if federal law is changed to allow Aurora to use the Fry-Ark Project to move water out of the valley.
Arkansas Valley Native, a group of four water rights owners, opposes the delay. Members of the group are Pueblo Chieftain Publisher Bob Rawlings, former state lawmaker Bob Shoemaker of Canon City, former Southeastern Colorado Water Conservancy District President Wally Stealey and Wiley banker Frederick Esgar. They entered the case on the Lower Ark’s side, claiming that Fryingpan-Arkansas Project water cannot be used to move water out of the valley under the federal contract.
he Lower Ark-Aurora agreement includes a provision to try to change federal law to allow Aurora, and Aurora only, to move water out of the basin using Fry-Ark facilities. That would remove the central point of the lawsuit. Aurora has used annual excess-capacity contracts since 1986 to move water out of the valley through Lake Pueblo, Turquoise Lake and Twin Lakes, all Fry-Ark reservoirs. The Southeastern district questioned the contracts in 1986 and again in 2003, when it reached its own agreement to allow Aurora to use the Fry-Ark Project. The 2003 agreement binds the district to seek federal legislation to legalize Aurora’s contracts, which it tried to do in now-stalled Preferred Storage Options Plan legislation. The Southeastern board Thursday learned negotiations on the Aurora legislation will begin again in the near future among nine parties who broke off talks when the lawsuit was filed in late 2007. The Pueblo City Council Monday voted to affirm its support of the Aurora legislation.
Reclamation’s position in the 1986 and 2003 disputes over the contract was that it already has the authority to lease excess-capacity storage to Aurora and other users outside the Southeastern district’s boundaries. The district includes parts of nine counties, but not all of the area in the Arkansas Valley.
Aurora, Southeastern and Lower Ark representatives lobbied members of Congress recently on the proposed legislation. Rep. John Salazar, D-Colorado, said he opposes the legislation suggested in the Lower Ark-Aurora agreement. Sens. Mark Udall and Michael Bennet, both Democrats, say they are open to discussion, but want to protect the Arkansas Valley’s interests. In 2007, Reclamation issued a 40-year contract to Aurora for both storage and exchange at Lake Pueblo. Aurora has an account for 10,000 acre-feet and its water would be the first to spill if project water used the entire capacity. Part of PSOP would study enlarging Lake Pueblo, which now can store 257,000 acre-feet of water, while reserving space for flood protection.
Authorization for the Arkansas Valley Conduit (supply water pipeline from Pueblo Dam to Lamar) has been a moving target for decades and now funding is drying up before anyone starts turning dirt. Here’s a report from Chris Woodka writing for the Pueblo Chieftain. From the article:
The Southeastern Colorado Water Conservancy District learned Thursday that federal economic stimulus money for the project is unlikely and that a loan for the conduit has become a playing piece in efforts to balance the state budget. The Bureau of Reclamation had $1 billion in stimulus funds available, but chose to fund projects that are close to being finished rather than new projects, said Christine Arbogast, a lobbyist for the Southeastern district.
The district had requested $5 million to advance planning on the route and rights of way for the $300 million conduit from Pueblo Dam to Lamar. The conduit would provide fresh drinking water to about 50,000 people in 42 water districts, many of which are facing water issues such as salinity and radium or uranium in wells. The conduit was part of 1962 Fryingpan-Arkansas legislation, but was never built because of the local expense. A bill signed into law last month by President Barack Obama authorizes the conduit to be built using excess-capacity lease revenues from the Fry-Ark Project to repay federal costs. The federal share is 65 percent under the legislation…
Meanwhile, the state House is considering using $35 million of a $60 million Colorado Water Conservation Board loan the district obtained to finance the local share. Executive Director Jim Broderick said using the loan, which is really funding capacity, has been discussed as one source of finding state funds to patch budget deficits for several weeks. The problem with tampering with it at this time is that this Legislature cannot make financial commitments for future bodies. As recently as last Friday, the entire $60 million appeared to be secure in the Senate’s budget, but only $25 million is in the most recent House budget. Broderick has been organizing pressure from several directions to attempt to secure the whole amount. The conduit has not used any money from the loan to date.
Beautiful snow (and rain)
April 18, 2009
What a beautiful snow we had yesterday here in Denver and most of Colorado. Here’s a report from the Greeley Tribune: “The storm, which stretched across Colorado, brought more than an inch of rain to Greeley since Thursday night while pounding areas west of Interstate 25 with heavy accumulations of snow. At Buckhorn Mountain, roughly 10 miles west of Fort Collins, about 25 inches of snow fell while at Rist Canyon, roughly 15 miles northwest of Fort Collins, 3 feet of snow fell. Further south in Denver, 9 inches of snow fell, according to Fox 31 Meteorologist Chris Dunn. A tornado, however, was spotted northeast of Pueblo, according to Bill Eckrich, meteorologist at Day Weather.”
Residents of Clear Creek County probably don’t think it was a beautiful snow and would most likely tell me so to my face if they could get down the mountain. Here’s a report from the Summit Daily News:
The American Red Cross is in the process of setting up a warming shelter in Idaho Springs to accommodate the large number of stranded travelers. A ‘warming center’ is a place for people to get off the highway, use the restroom, get warmth and shelter, and acquire basic necessities like water and snacks. These centers do not have cots or full feeding capabilities. The County is still in the process of determining the location. We will pass that along as soon as we know it. Clear Creek County officials are setting up similar ‘warming centers’ in Georgetown. County officials have not yet determined the location. In the interim, Colorado National Guard will escort a caravan of Red Cross supplies and volunteers into Idaho Springs as Clear Creek declares a state of emergency. A state of emergency means that the County is requesting use of state assets such as the Guard and additional snow plows. Clear Creek Middle School is at capacity at over 200 people. An official head count will be taken at midnight.
More coverage from the Pueblo Chieftain (Nick Bonham):
A spring storm brought rain, sleet, small hail, lightning and thunder to Pueblo and the region on Friday. A tornado was even spotted in El Paso County near Truckton, about 40 miles northeast of Pueblo, according to the National Weather Service…
Custer County Road and Bridge Foreman David Trujillo said the Wet Mountain Valley received between 10 and 12 inches of heavy, wet snow. The snow storms were accompanied by rumbles of thunder according to one weather spotter…
Crestone had received 16 inches of snow just before noon, according to a spotter for the National Weather Service. The Sangre’s foothills along the eastern edge of the San Luis Valley were also hit hard Sunday when just under two feet of snow fell on a corridor stretching from Crestone to just south of the Great Sand Dunes National Park. The snowfall tapered off along the valley floor during the day, although a volunteer spotter near Monte Vista reported 4.8 inches of new snow and 0.42 inches of precipitation. Creede reported 4.9 inches of new snow and 0.33 inches of precipitation.
Biosolid use as fertilizer curtailed north of Longmont
April 18, 2009
From the Longmont Times-Call (Brad Turner):
Because of fears about groundwater contamination, spreading sludge — or biosolids, as the industry calls the nutrient-rich material produced by sewage-treatment plants — won’t be an easy option for [farmer Issac Drieth], if it’s allowed to happen at all. “I got nothing against the stuff. It’s done wonders for me,” the 79-year-old said Monday afternoon, leaning against a pickup outside his farmhouse on the Jim Clark Open Space property north of Longmont. “But people around here raise hell.”
Data compiled recently by the Colorado Department of Public Health and Environment show Drieth lives on a farm where groundwater may be too close to the surface for biosolids use, even though he had been allowed to use sludge as fertilizer from 1996 to 1999.
Drieth would have to pay a contractor to drill holes on his property that prove the water table is at least 5 feet deep — far enough down that nitrates from the sludge wouldn’t seep into the water, according to state health officials. High levels of nitrates in drinking water can cause oxygen deficiencies in young children.
In addition to shutting down biosolids use on part or all of three farms north of Longmont over concerns about the shallow water table in the area, CDPHE officials suspended biosolids use on four farms that hadn’t used sludge in recent years. The 97-acre farm where Drieth has lived for 30 years is one of the four inactive sites.
