DWR: HB13-1248 Fowler Pilot Project Lessons Learned Workshop, June 5

April 28, 2014
Flood irrigation -- photo via the CSU Water Center

Flood irrigation — photo via the CSU Water Center

From email from the Colorado Division of Water Resources (Kevin Rein):

During the 2013 legislative session, the General Assembly enacted HB-1248 to provide for fallowing-leasing pilot projects. At its November 2013 Board meeting, the CWCB approved Criteria and Guidelines for the pilot projects and in December, the CWCB received an application for selection and approval of a pilot project for the Town of Fowler. That application was subsequently withdrawn.

On June 5, 2014, CWCB staff will hold an informal workshop to review the Fowler Pilot Project and discuss the lessons learned through the application and review process. The CWCB’s objective is to apply lessons learned to any upcoming pilot project applications.

Fowler Pilot Project
Lessons Learned Workshop
June 5, 2014
9:00 am to Noon
1313 Sherman Street
Room 318

RSVP Not Required

More 2013 Colorado legislation coverage here.


2013 Colorado legislation: HB13-1248 (Irrigation Water Leasing Municipal Pilot Projects) implementation

August 22, 2013

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Chris Woodka is at the Colorado Water Congress’ annual summer shindig up in Steamboat Springs. Yesterday the interim water resources review committee met and implementing last session’s HB13-1248 was part of the discussion. Here’s Mr. Woodka’s report:

Lawmakers are hoping a bill that would expand opportunities for demonstrating projects that share water between farms and cities is implemented as quickly as possible. The interim water resources review committee Wednesday heard from the prime backers of SB-1248, the Lower Arkansas Valley Water Conservancy District and the Super Ditch, on the need for it.

“I think this is about having a conversation about keeping agriculture vital in the Arkansas River basin,” said Jay Winner, general manager of the Lower Ark District.

“Agricultural-municipal transfers have to become the preferred alternative, rather than continued buy-and-dry,” added Peter Nichols, attorney for both the Lower Ark and Super Ditch.

At the heart of the bill is an attempt to streamline state procedures in order to allow transfers to occur on a short-term, limited basis, said Kevin Rein, deputy director for the Colorado Division of Water Resources. Winner said the current structure of law and engineering hung up a pilot project to transfer 250 acre-feet (81 million gallons) last year over the timing of delivery of 23 gallons in the 74th month of return flows. The new law gave the Colorado Water Conservation Board authority to look at programs that could sidestep those types of issues in order to allow water users to work out details of such plans. Rein said the CWCB should develop criteria and guidelines by November.

Legislators want the program to be implemented soon and smoothly. “My concern is that CWCB is on board to implement it in as timely fashion as possible and that we’re not going back to rehashing arguments made against HB1248 when we were passing it,” said Rep. Randy Fischer, D-Fort Collins, chairman of the House ag committee.

The arguments included that it bypassed water court proceedings meant to prevent injury to other water users. The bill also has been criticized because it disallows transfers only from the Colorado River and Rio Grande basins, while ignoring more exports from the Arkansas River basin.

“I want to make sure there is the opportunity for public input, comments and concerns,” Sen. Gail Schwartz, D-Snowmass, said. “There needs to be the opportunity for the public to weigh in.”

More coverage from Chris Woodka writing for The Pueblo Chieftain:

The U.S. Forest Service is evaluating its policies as it deals with the damage from two years of large wildfires in Colorado and other Western states. “The unfortunate side effect of fires is flood and mud,” Dan Jiron, regional forester for the Forest Service told the interim water resources review committee of the state Legislature Wednesday. He cited recent damage in Manitou Springs from last year’s Waldo Canyon Fire as an example.

In Colorado, 60 percent of the water that affects the population comes off Forest Service lands. “We still have a very active fire season,” Jiron said. “Even though there were large fires earlier, we continue to fight fires every day. The Forest Service is looking at partnerships, as well as redirecting resources, to mitigate large fires and prevent future blazes, he said.

About $500,000 already has gone into rehabilitation of the West Fork Complex near Creede, which has been difficult because much of the fire was in steep canyons in an inaccessible wilderness area. That’s part of $35 million in resources the Forest Service has put into firefighting and remedial work in Colorado.

Sen. Ellen Roberts, R-Durango, questioned whether the Forest Service would look at changing policies in wilderness areas to allow more proactive thinning. “We were west of the West Fork Complex and it looked like an atomic bomb cloud,” she said.

“It would not have been safe to put firefighters on the ground at West Fork,” Jiron said. While firefighters are sometimes deployed in wilderness areas, the steep slopes in the West Fork Complex were more of a factor than wilderness declaration. “A lot of Forest Service land is not in wilderness,” he said.

Partnerships with timber companies, utilities, counties and water districts are providing more proactive protection in areas prone to fires, Jiron added. “It’s important how we pull together at a regional level to put resources in place, to be proactive and to protect communities,” committee chairwoman Sen. Gail Schwartz, D-Snowmass, said. “We are at a very important juncture. This is critical.”

More HB13-1248 coverage here.


Sterling Ranch gets another chance in front of the Douglas County Commissioners

July 1, 2013

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From The Denver Post (Carlos Illescas):

A special hearing is scheduled for next month, when Douglas County commissioners will hear from Sterling Ranch and the public to see whether the county will give a thumbs-up to the project, which includes up to 12,050 new homes in the Chatfield Basin.

The hearing comes after a judge blocked the project in August. Citing state law, the judge argued that Sterling Ranch had not lined up enough water and needed to prove it had enough water secured though build-out.

Douglas County appealed that ruling, and then sought and received a change in state law this legislative session. Now, Sterling Ranch officials believe the project can finally move forward.

More 2013 Colorado Legislation coverage here.


2013 Colorado legislation: Governor Hickenlooper signs SB13-019 (Promote Water Conservation) #COleg

May 19, 2013

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From email from Governor Hickenlooper’s office:

Saturday, May 18, 2013 — Gov. John Hickenlooper signed 13 bills into law today and yesterday…

SB13-019, Promote Water Conservation, Schwartz / Fischer Concerning the promotion of water conservation measures.

More 2013 Colorado legislation coverage here.


2013 Colorado legislation: Governor Hickenlooper signs HB13-1044 (Authorize Graywater Use) #COleg

May 16, 2013

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From email from Governor Hickenlooper’s office:

Gov. John Hickenlooper signed 12 bills into law today and yesterday…

HB13-1044, Authorize Graywater Use, Fischer/Schwartz, Concerning the authorization of the use of graywater.

More HB13-1044 coverage here. More 2013 Colorado legislation coverage here.


2013 Colorado legislation: ‘Each one of these things was epic’ — Senate Majority Leader Morgan Carrol #COleg

May 12, 2013

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Joe Hanel sums up this year’s legislative session in his article running in The Durango Herald. Click through and read the whole thing. Here’s an excerpt:

During the last 120 days, Democrats used their majorities in the House and Senate to push through a progressive agenda that’s been pent up for a decade.

Election Day voter registration. Background checks for guns. Renewable-energy mandates. More health care for the poor. A $100 million tax break for low-wage workers. Civil unions for same-sex couples, and in-state tuition for students in the country illegally. Democrats in many other states can only daydream about the goals that Colorado Democrats achieved during the 2013 legislative session, which ended Wednesday.

For good or ill, Capitol veterans called it the most consequential session in memory.

“Each one of these things was epic,” said Senate Majority Leader Morgan Carroll, D-Aurora. “We were (able) to do public-safety measures with commonsense background checks that Congress couldn’t get done. Any one of these things by themselves would have been historic and epic for a session, and we did one after another after another.”

More 2013 Colorado legislation coverage here.


Upper Ark District board meeting recap: All district reservoirs are full, except DeWeese (89%) — Jord Gertson #COdrought

May 12, 2013

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From The Mountain Mail (Joe Stone):

Recent weather patterns in the Upper Arkansas River Valley precipitated discussion of snowpack and water supplies during the Thursday meeting of the Upper Arkansas Water Conservancy District. District hydrologist Jord Gertson reported that all district reservoirs are full, except for DeWeese Reservoir in Custer County, which is at 89 percent of capacity.

Gertson presented Natural Resources Conservation Service data compiled May 1 that show Upper Arkansas River Basin snowpack at 93 percent of average and 287 percent of 2012 snowpack levels. Gertson said Snowpack Telemetry sites at Fremont Pass and Brumley show the snow water equivalent at 101 percent and 109 percent of median, respectively. The Fremont Pass SNOTEL site also reports precipitation at 106 percent of average for the current water year, which began Oct. 1. Gertson also showed snowpack charts indicating measurements at upper basin SNOTEL sites are “way better than last year,” including sites at Porphyry Creek, Independence Pass and St. Elmo.

District directors also reported good news about the Frying Pan-Arkansas Project, which is expected to import 47,000 acre-feet of water from the Western Slope this year, compared to 14,000 acre-feet in 2012. Diversions of Fry-Ark Project water into the Arkansas Basin average approximately 52,000 acre-feet of water per year. In 2011, the project imported 98,000 acre-feet of Western Slope water, the second highest amount in the project’s 50-year history of operations.

In other business, directors heard a legislative report from consultant Ken Baker. Baker’s report mainly focused on House Bill 1130, which, he said, targets Arkansas Basin water and is expected to be signed by the governor.

Baker said HB 1130 would create a “selective application” of a 130-year-old Colorado water law. The bill would create the potential for 30 years of interruptible-supply agreements that are currently limited to a maximum of 10 years. The state engineer would have authority to approve these agreements, changing the use of the water and bypassing Water Court proceedings that are currently required to change the use of a water right. Baker said the bill mainly benefits Aurora, allowing the city to take Arkansas Basin water without having to pursue a change-of-use case in Water Court.

To gain the votes needed to pass the bill, Baker said a special exclusion was added that exempts Western Slope water.

In other business, Upper Ark directors:

  • Approved a modification to a Nestlé Waters North America augmentation agreement for 200 acre-feet of Fry-Ark Project water per year for 35 years.
  • Agreed to stipulate out of Poncha Springs case 09CW138, subject to favorable review of the stipulations by district engineer Ivan Walter.
  • Approved an agreement with law firm Wilderson, Lock and Hill to provide legal counsel for a flat fee of $2,000 per month.
  • Received an update on an integrated water agreement with Buena Vista.
  • Approved a cooperative water agreement with Colorado Parks and Wildlife.
  • Learned that the gate wheel at O’Haver Lake has been replaced after the old one was damaged by a vehicle.
  • Received an update on the Trout Creek Ditch exchange case, 08CW106, which is scheduled to go to trial June 11 if the Department of Corrections, division engineer and Colorado Water Conservation Board do not agree to proposed stipulations.
  • From The Mountain Mail (Joe Stone):

    Upper Arkansas Water Conservancy District directors heard a report about the potential for underground water storage in Chaffee County during their Thursday meeting. Tammy Ivahnenko and Ken Watts with the U.S. Geological Survey said areas identified for further study include aquifers near Salida, Nathrop, Johnson Village, Buena Vista and north of Buena Vista.

    Watts said the locations were identified based on slope (less than 3 percent), soil texture at a depth of 5 feet (loam, sandy loam or gravel preferred) and surface geology (alluvial or gravel deposits).

    Another important factor, Watts said, is the “stream-accretion response time factor,” which provides an indication of how long water will stay in an aquifer before draining into a stream.

    Ivahnenko described “water budgets” she developed for Cottonwood, Chalk and Browns creeks and the South Arkansas River.
    The water budgets include irrigated acres, consumptive use by crops and amount of water diverted for irrigation, and help determine how much water may be available for storage at a given time.

    Watts said he conducted “slug tests” at 29 wells to determine hydraulic properties in the aquifers, including conductivity and permeability. He also reported on findings from Colorado State University monitoring wells. Hourly readings from the monitoring wells documented seasonal changes in water level and temperature, showing seasonal changes in groundwater levels and surface-water infiltration.

    Some wells showed significant influence from surface irrigation while others indicated a more stable, natural water level.
    Upper Arkansas Water Conservancy District officials are developing plans to increase water storage capacity in the Upper Arkansas River basin. An important component of those plans is underground storage in alluvial aquifers, which would eliminate evaporative water losses and provide augmentation water through natural recharge to surface waters.

    Conservancy district officials said they will rely on USGS findings to help determine possible locations for underground water storage projects.

    More Upper Arkansas Water Conservancy District coverage here.


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