Grand County and Northern Water are in negotiations for a 1041 permit for the Windy Gap Firming Project #CORiver

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Here’s an analysis of last week’s meeting from Tonya Bina writing for the Sky-Hi Daily News. Click through and read the whole article. Here’s an excerpt:

Working through a list of 32 conditions for the permit, representatives from the Northern Colorado Water Conservancy District sat before commissioners in the boardroom of the Grand County Administration Building on Tuesday, along with Grand County’s water counsel, and hashed out wording of each of the conditions in search of agreements among stakeholders…

Aside from disagreements about three different monitoring plans mentioned in conditions of the permit, at least one other condition remains a sticking point — a condition involving the clarity of Grand Lake. The county has proposed a condition stating the permit for the Windy Gap Firming Project will not go into effect until a federal plan, on course to include a National Environmental Policy Act process, is in place — charting the way toward a solution of the Grand Lake clarity problem. Grand County Commissioner Gary Bumgarner put pressure on Northern representatives during Tuesday’s hearing about needed “assurances” that a solution will be realized for Colorado’s largest natural water body. Bumgarner advocated for language “that holds feet to the fire.”

But Northern representatives objected to the project’s 1041 permit being conditional upon a long federal process concerning Grand Lake’s clarity problem. Eric Wilkinson, general manager of the Northern Colorado Water Conservancy District, said it was a matter of “authority and responsibility.” The municipal subdistrict seeking to firm up rights to Windy Gap water “doesn’t have the authority to control the other entities involved in the clarity issue,” he said. “It puts them in a position of being responsible without the authority to do something.”[...]

Concerning another condition on the Windy Gap bypass, the county proposes the “bypass/bythrough study shall commence on or before issuance of this 2012 permit” and if the study deems it, construction of the bypass “shall proceed” with cooperation on financing it among the parties. A 2011 Colorado Parks and Wildlife report by Barry Nehring concluded that the Colorado River below Windy Gap has suffered due to the reservoir, and that creating a bypass would be a solution…

no party knows yet how much a bypass around the reservoir might cost or where the money would come from. The Subdistrict has agreed to provide $250,000 toward research of a bypass, which is expected to reduce high temperature events caused by the dam, reduce sedimentation deposition, restore river connectivity, and reduce the impacts of whirling disease. About $3 million in funds — $2 million by Northern and possibly $1 million by Denver Water if negotiations are successful — would be available to construct the bypass and the construction would take place immediately after the study finds that the bypass would be beneficial to the river. There is the possibility another $2 million could be found from Colorado Parks and Wildlife.

More Windy Gap coverage here and here.

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