From the High Plains/Midwest Ag Journal:
The Arkansas River Compact Administration annual meeting will be at 9 a.m., Dec. 8, at the Clarion Inn, 1911 E Kansas Ave, in Garden City, Kan. On or before Dec. 1, the meeting agenda will be posted on the Kansas Department of Agriculture’s website at www.ksda.gov/interstate_water_issues/content/143 and on the Colorado Water Conservation Board’s website at http://cwcb.state.co.us. The Arkansas River Compact Administration administers provisions of the Kansas-Colorado Arkansas River Compact, including how John Martin Reservoir operates. Topics to be covered at the meeting include a review of John Martin Reservoir operations and updates from state and federal agencies…
The administration’s engineering, operations and administrative/legal committees will meet at 2 p.m., Dec. 7, also at the Clarion Inn.
More Arkansas River Basin coverage here.
Colorado Springs: Which stormwater efforts will be funded now that the enterprise fund is kaput?
November 27, 2009
From The Pueblo Chieftain (Chris Woodka):
a vote on Tuesday confirmed the [Colorado Springs city] council’s position to phase out the stormwater enterprise within two years. Unless another funding mechanism is found, Colorado Springs will absorb only the minimal funding for federal requirements, maintenance, health, safety and emergencies in its general fund beginning in 2012. Colorado Springs council adopted the new policy in response to Doug Bruce’s Issue 300, which implies the voters chose to end the stormwater enterprise, without actually saying so. Bruce campaigned for the issue as an end to what he and others called a “rain tax” and celebrated by tearing up his stormwater bill on television.
Council also agreed to include a $4.24 million-$6.7 million project to upgrade the Templeton Gap levee, which protects thousands of homes, was not on the critical projects list. In all, about $9 million of work on projects from the critical list are likely to be completed under the two-year phase-out.
Council members did not come up with an alternative for funding the remainder of critical projects on the list, although some talked about developing a regional approach with other El Paso County communities or putting a stormwater question on a future municipal ballot.
At the same time, Colorado Springs is planning on spending $46.2 million on SDS in the coming year, according to its published 2010 annual operating plan. The city has issued bonds for the project.
Colorado Springs also will spend almost more than $27 million for maintenance, repair, inspection and replacement of sanitary sewer lines in the city, including $7.5 million for ultraviolet treatment at its Las Vegas Street treatment plant, $7 million for sewer line upgrades and $6 million to fortify stream crossings, according to the operating plan. The city committed to spend at least $75 million in sanitary sewer upgrades, which are costs paid by customers and have nothing to do with the stormwater enterprise.
The city is obligated to make some of the repairs to its sanitary sewer system under state compliance orders, which are also a factor in a federal lawsuit won by the Sierra Club.
More stormwater coverage here.
Flaming Gorge pipeline update
November 26, 2009
Here’s an in-depth look at Aaron Million’s proposed pipeline from southwestern Wyoming to the Front Range and points south in Colorado, from Joel Warner writing for Westword. Here’s an excerpt:
Disclaimer: I’m quoted in the article.
Along the Green River in Wyoming, cities and towns are massing to fight a proposal that would pump up to 250,000 acre-feet of water per year from their river to thirsty cities and towns in Colorado. One meeting on the topic was so contentious that attendees have referred to it as a “Guantánamo Bay waterboarding.”
The focus of the uproar is a relatively unknown Fort Collins entrepreneur named Aaron Million, who came up with the plan to bring the much-needed water to Colorado. And these days, he has as many enemies on this side of the border as he does in Wyoming. Some of Colorado’s most powerful water suppliers oppose the project, while one is trying to build a similar pipeline himself. One ensuing squabble nearly came to blows.
Here’s a follow up the the Million story detailing the disappearing glaciers that are part of the Green River’s source waters, from Joel Warner writing for Westword. From the article:
When [Charlie Love, a colorful geology and anthropology professor at Western Wyoming Community College in Rock Springs, Wyoming] isn’t busy living with New Guinea cannibals or erecting dinosaur displays on WWCC’s campus, he’s spent a lot of time over the past 25 years climbing around and flying over the glaciers that cling to the sides of the Wind River Mountain Range in western Wyoming, glaciers that feed the Green and several other major river systems. And what Love says he and his WWCC colleagues have discovered about these glaciers is disturbing: “They are going extinct before our very eyes.”
From The Pueblo Chieftain (Chris Woodka):
The phase-out [over two years] will give the city time to finish some projects already under way, allow it to repair a levee that protects thousands of homes and meet unfunded federal mandates. It will mean the city won’t be able to start several projects that are needed or to respond to citizen requests regarding stormwater. Colorado Springs also intends to fulfill its commitments on Fountain Creek related to Southern Delivery System despite ending the stormwater enterprise, and several on council voiced support for a regional solution in El Paso County that could include a vote to create a stormwater enterprise in the future. “The two-year phaseout will give us time to work on a regional solution, allow us to complete our projects and come up with a regional stormwater plan,” said Bernie Herpin, one of five council members supporting the phase-out…
The Templeton Gap Levee is the only Army Corps of Engineers levee in Colorado Springs, said stormwater director Ken Sampley. The levee, built in the late 1940s, needs between $4.24 million and $6.74 million in work to protect up to 3,000 homes and 300 businesses. If the work is not done, they would be required to obtain flood insurance.
Under the two-year phaseout, Templeton Gap will be completed, but more than 20 other projects won’t begin as scheduled. When the stormwater enterprise was created, there was a $300 million backlog in projects, with $60 million in critical needs. Sampley showed slides of bridge supports beginning to wash out and areas that were eroding because there has been only funding for piecemeal work…
In addition to Templeton Gap, there are $2.3 million of projects that have been started remaining in the pipeline, and four projects on Sand Creek totalling about $2.4 million. Sampley also recommended maintaining minimum funding for regulatory requirements, emergency operations, health and safety, which together total almost $5 million. By 2012, all those costs will be paid for from the general fund under the plan reviewed by council Monday…
The city also is prepared to meet its obligations of $125 million of spending on Fountain Creek through the financing of SDS, a $1 billion-plus water supply project that includes a pipeline from Pueblo Dam. Colorado Springs ratepayers will bear that expense. Colorado Springs also has included funds for improvements at Clear Springs Ranch south of Fountain and dredging the Fountain Creek channel in Pueblo as part of next year’s budget.
More coverage from The Colorado Springs Gazette (Daniel Chaćon):
A split Colorado Springs City Council decided Monday to phase out the enterprise over two years, allowing the city-owned business to finish projects under construction and also reconstruct a decades-old drainage channel that’s been deemed “minimally acceptable.” Council members Tom Gallagher, Darryl Glenn, Jan Martin and Randy Purvis called for an immediate end of the enterprise…
Enterprise Manager Ken Sampley said the council’s decision could hamper the enterprise’s ability to collect fees over the next two years, even from people who have been paying them. “I’d like to think that everybody paid them (in the past) because they were good citizens and wanted to pay their Stormwater Enterprise fee,” he said. “That may not be the case. I think it’s reasonable to believe that if there is no provision for certifying (delinquent accounts) to the treasurer, we will be collecting, definitely, a lower percentage.”[...]
The initiative requires an immediate end to the enterprise, said [Douglas Bruce sponsor of Issue 300 passed by Colorado Springs voters November 3], who is threatening to start a petition drive for a permanent property tax cut if the city doesn’t get rid of the enterprise right away. “I don’t make threats,” Bruce said Monday night. “I’m just advising them that there’s going to be adverse consequences if they don’t give the people what they want.”
More stormwater coverage here.
EPA faking the look of mine tailings with shotcrete at California Gulch
November 22, 2009
From the Leadville Herald Democrat (Ann E. Wibbenmeyer):
The reaction to the work was positive, with comments about how authentic the piles still looked. There was some discussion about the wood used for the new cribbing wall, and whether it should have been treated to look old. According to Kerry Guy, project manager with the U.S. Environmental Protection Agency, the wood was not treated at all. In this way, the boards will begin to look weathered sooner than with a treatment. The treatment on the surface of the wood could be done at a later time, he said, if that is what the community wants…
The work was done on the Denver City mine piles, which is owned by Leadville Silver and Gold. Bob Elder, local mining engineer, is the only remaining board member of this company and gave the EPA permission to use the piles [for the pilot study]…
Around the back of the Denver City piles, to the left, is the area that was covered with shotcrete. This is concrete shot onto the piles in varying shades to more closely resemble the rocks left on top of mining piles. Half of this was lined and the other half shot without a liner, to test the need for a liner to reduce the amount of acid mine drainage water into the Arkansas River.
More California Gulch/Yak Tunnel coverage here and here.
Cañon City: Source of contamination under golf course different from main plume at Lincoln Park/Cotter superfund site
November 22, 2009
From the Cañon City Daily Record (Rachel Alexander):
[Steve Tarlton, of the Colorado Department of Public Health and Environment] said the company and department have determined that the source of contamination for the golf course plume is different from the source of the main plume, but the specific source has not been determined. Tarlton said the department has asked Cotter to continue to characterize the plume, install a ground water interception system that will most likely be series of wells and to determine possible sources. “We now have enough information to know where the plume is moving,” Tarlton said. Possible sources of the contamination include the CCD tanks, which Cotter currently is decommissioning and existing and historic ore pads, which the company is excavating.
Cotter also continues with the closure of the secondary impoundment and the deep dewatering of the primary impoundment.
Here’s the link to the Lincoln Park/Cotter Mill Superfund Site website.
Arkansas Valley Super Ditch announces plans to sell water to districts in El Paso County in 2011
November 22, 2009
From The Pueblo Chieftain (Chris Woodka):
A lease agreement to provide 2,000 acre-feet of water annually for $500 an acre-foot (325,851 gallons) to the Pikes Peak Regional Water Authority was announced Wednesday at the monthly meeting of the Lower Arkansas Valley Water Conservancy District by John Schweizer, a Rocky Ford farmer who is president of the Super Ditch…
“We do not have a signed lease, but we are making excellent progress,” said Gary Barber, agent for the Pikes Peak group. He said chances of a contract are good, if all of the boards of the El Paso County water districts approve the deal. The details of which farmers will participate in the deal, how dried-up land will be accounted for, how water will be moved to the communities that are purchasing it and other technical matters have yet to be worked out…
The Lower Ark board, which supported the formation voted unanimously Wednesday to allow water attorney Peter Nichols to file a change of use case for the Super Ditch. Until that change is approved in Division 2 Water Court, the lease would be administered under a Substitute Water Supply Plan by the Division of Water Resources, Nichols said. Division Engineer Steve Witte said the plan would be similar to one used to regulate the lease deal between the High Line Canal and Aurora in 2004-05…
The timing and location of flows to augment the Arkansas River will depend on where water is taken from under the Super Ditch lease, Witte said. Nichols said the amount of water leased to the Pikes Peak group could increase to up to 8,000 acre-feet annually over the next 20 years. “The numbers will increase as we prove the ability to move the water,” said Jay Winner, executive director of the Lower Ark district.
One big problem will be moving the water to El Paso County. That has not stopped El Paso County from pursuing water rights along the Arkansas River, however. Fountain and Widefield have purchased a ranch in Custer County for its water rights, while Donala bought a Lake County ranch water rights. “We will see a working model of how the water will be moved in January,” Barber said. Most of the Pikes Peak group is located in Northern El Paso County, outside of Colorado Springs, which controls most of the pipelines leading from the Arkansas River. Colorado Springs has discussed using Southern Delivery System capacity to assist the other communities, but no decisions have been made and SDS is at least seven years from completion. One Pikes Peak participant, Fountain, has a share of the Fountain Valley Conduit from Lake Pueblo, however and could use the excess capacity to bring water into the community. Fountain also has the most urgent need because of its rapid growth in recent years.
More coverage from Dave Vickers writing for the La Junta Tribune-Democrat. From the article:
The deal calls for PPWA to pay $500 per share to lease the water from shareholders of the Bessemer Ditch, Highline Canal Co., Oxford Ditch, Catlin Canal, Otero Ditch, Holbrook Canal and Fort Lyon Canal.
The seven entities in the PPRWA that want access to the farmers’ water include Academy Water and Sanitation District, Cherokee Metropolitan District, Donala Water and Sanitation District, Triview Metropolitan District, The Town of Monument, the Town of Palmer Lake and Woodmoor Water and Sanitation District. All are in northern El Paso County. Some, including Cherokee Metropolitan District, have been battling to preserve their rights and struggling to obtain more water because the aquifers that currently supply their members are drying up…
As members of the Super Ditch, shareholders from the seven canals are not contractually tied to any deal. The Super Ditch, incorporated last year as a private company, was developed by farmers who have searched for ways through the Lower Arkansas Valley Water Conservancy District to market their water in a way that would avoid what happened in Crowley County. Colorado Springs and Aurora purchased water rights to the Colorado Canal and Rocky Ford Ditch in the 1980s and 1990s, then exchanged those rights upstream so they could transport the water to their cities. In the process about 70,000 acres of former farm land was dried up. Schweizer said that perhaps as much as 25 percent to 30 percent of the land under the seven ditches would be without water eventually, but only during years when the seven El Paso County entities need water to overcome shortages there. “It would probably be done with rotational fallowing,” Schweizer said. “Some years none of the land would be dried, some years, like 2002 and 2003 (when severe drought fell upon Colorado), more land could be fallowed.” Although the leasing and fallowing program is scheduled to start in 2011, Schweizer said most Super Ditch members believe it will take at least that long to “work the kinks out and get the program approved in water court.”
Colorado Springs Utilities has been working on a second pipeline, called the Southern Delivery System, which recently was approved by both federal officials and officials from Pueblo County, El Paso County and the cities of Pueblo and Colorado Springs. The SDS project is intended to meet the drinking water needs of the Colorado Springs metropolitan area past the year 2040. Officials from CSU have said in the past they are open to use of SDS by other entities, including Super Ditch, that could use excess delivery capacity SDS might provide. “Some of the little communities have engineered their own plans for a pipeline from Pueblo Reservoir, but the cost of it was out of their reach,” Schweizer said. “They believe it would be better to go with SDS, at least at first. I know they would like to have a permanent place for getting water from that pipeline when it’s built. “A whole lot will depend on SDS and whether Colorado Springs allows it to be used to transport water for other water users,” he said.
Arkansas Basin Roundtable survey recap
November 22, 2009
From The Pueblo Chieftain (Chris Woodka):
Sharing water, municipal conservation and tamarisk removal were listed as the best ways to improve water supply in a recent survey of the Arkansas Basin Roundtable. Also ranking high were rotational fallowing programs, like the type envisioned by the Arkansas Valley Super Ditch, and certain water projects, like the Arkansas Valley Conduit, that improve drinking water supplies for communities in the valley. The survey has been the topic of discussion for the roundtable for months, largely at the urging of President Gary Barber, who has been coaxing the group to finalize a needs assessment report to the Colorado Water Conservation Board. Both the report and survey were finalized at the November roundtable meeting.
The roundtable scored regional and statewide projects as well as methods along loose criteria that asked if they were viable, equitable and bearable, with a rating system that graded them 1-5, with 5 as the highest score. Then, the answers of roundtable members, who come from all parts of the Arkansas River basin, were averaged to provide a priority ranking for projects that are planned, already under way or have been completed during the first four years of the roundtable…
Projects to import more water from the Western Slope ranked surprisingly low on the list of viable, equitable and bearable options. More than a dozen strictly in-basin projects scored higher. The top three were the Green Mountain Pumpback plan, which primarily aids Denver, a Blue Mesa pumpback and the Flaming Gorge import plan. Ranking dead last on the list was the continued buy-and-dry of agricultural water rights, which was ironic considering the largest water deal in the Valley this year was the Pueblo Board of Water Works purchase of 27 percent of the Bessemer Ditch. The Pueblo water board, while buying the shares, offered farmers the option of using the water for the next 20 years, an offer nearly all of those who sold their water rights accepted.
More IBCC – Basin Roundtables coverage here.
Arkansas Valley: Where is the tipping point for farm communities as farms are dried up?
November 21, 2009
From The Pueblo Chieftain (Chris Woodka):
The Lower Arkansas Valley Water Conservancy District Wednesday voted to help find the answer by folding the task into its existing research on the Arkansas Valley Super Ditch…
The Colorado Water Conservation Board already is funding research by the Lower Ark district in connection with the Super Ditch, a land-fallowing, water-leasing program that is seen as a possible answer to traditional buy-and-dry. The idea of the tipping point came out of a recent meeting of the Interbasin Compact Committee, looking at ways to share the state’s water in the future.
Implement dealers, farm supply stores and retail stores suffer as water leaves farming communities, but no one has determined a threshold. The IBCC would like to plug that sort of information into its model that looks at balancing various water supply strategies. “No one has done this before,” Nichols said. “In the past, you got models that told you nothing.”
More Colorado Water coverage here.
Energy policy — geothermal: New website for geothermal exploration and production in Chaffee County
November 20, 2009
Say hello to Chaffee County Geothermal. The group behind the website wants to protect the natural environment and recreations opportunities in the county. From the website:
We are fighting to protect the unique beauty of this area, its water and its quality of life, not to mention its recreational value to so many visitors.
Thanks to The Mountain Mail for the link.
Custer County groundwater study update
November 20, 2009
From the The Wet Mountain Tribune (Nora Drenner):
For a number of years, the county has been participating in a water quantity survey with USGS. In the study, USGS officials monitor 60 wells spread throughout Custer County. Each well is monitored twice a year—in the spring and fall—to check water level changes. Cost to the county is some $7,000 a year. The study is paid for through 2010. The county commissioners are considering suspending the study thereafter…
[United States Geological Survey official Ken Watts of Pueblo] told the county bosses the study helps to determine what will happen to water here in the future, therefore, it was a good idea to continue. ‘You need the background information to determine future water needs,” said Watts. Watts also said it might be a good idea to add some newly drilled wells to the study and take out of the study some of the wells in the Sangres. Scanga agreed saying the data received from the local monitoring of the 60 wells will benefit a water study the UAWCD is completing to study the quantity of water in the Upper Arkansas Basin.
The study will begin in 2010 and continue through 2012. Total cost is $406,912 with USGS paying $134,281. Kicking in $6,000 is Custer County. Other entities helping to pay for the study include the Round Mountain Water and Sanitation District at $3,000, Fremont County at $15,000, Chaffee County and municipalities at $30,000, Penrose Water District at $6,000, and Canon City at $3,000. The UAWCD is paying some $226,912 plus administration costs valued at approximately $24,000.
Arkansas Valley: SECWCD gets into case for new irrigation rules
November 20, 2009
From The Pueblo Chieftain (Chris Woodka):
The district will enter the case as an opposer, not to stop the rules, but to make sure water under its supervision is used correctly. Under the rules, filed in Division 2 water court on Sept. 30 by State Engineer Dick Wolfe, Fryingpan-Arkansas return flows can be used as replacement water to assure compliance with the Arkansas River Compact between Colorado and Kansas. However, not all of the farmland in the Lower Arkansas Valley is in the Southeastern district, explained Bob Hamilton, engineering supervisor. The district also wants to assure winter water is correctly accounted for. Winter water is stored from Nov. 15 to March 15 in lieu of irrigation…
More Ark Valley consumptive use rules coverage here and here.
Fountain Creek: Five finalists remain for executive director of the Watershed Flood Control and Greenway District
November 12, 2009
From The Pueblo Chieftain (Chris Woodka):
The interviews will be at the board’s next meeting, 1 p.m. Dec. 4 at Fountain City Hall. The finalists chosen are:
Gary Barber, a Colorado Springs water rights and real estate broker. Barber also is the manager of the El Paso County Water Authority and chairman of the Arkansas Basin Roundtable. He helped lawmakers write the legislation that created the Fountain Creek District.
Former Pueblo County Administrator Mark Carmel. In his more than 30-year career with Pueblo County, Carmel served as the county engineer and public works director as well.
Pueblo businessman Kevin McCarthy, whose letter explained that after working with some of those involved in projects on Fountain Creek, he is interested in becoming the “point person” for projects. He is a member of the Pueblo Board of Water Works.
Pueblo Stormwater Director Dennis Maroney, who will be retiring in January. Maroney is familiar with Fountain Creek issues after eight years working with the Corps of Engineers watershed study. He is on the Fountain Creek district’s technical advisory committee. Maroney has worked for the city since 1982.
James Munch, former head of planning for the city of Pueblo. After almost 30 years with the city, Munch became director of development for the Pueblo Springs Ranch development north of Pueblo in 2007. He is now a consultant…
The board is required to give the public at least two weeks to comment on finalists, and the Dec. 4 interviews will be conducted in public session, explained Pueblo County Attorney Dan Kogovsek.
S. 787: Clean Water Restoration Act
November 12, 2009
From The Pueblo Chieftain (Chris Woodka):
“What we’ve offered is a compromise position on legislation governing the jurisdictional waters of the United States. The question is: What type of projects need a 404 permit?” Aurora Water Director Mark Pifher told the Arkansas Basin Roundtable on Wednesday. Pifher has worked for the Colorado Water Congress and the Western Urban Water Coalition on proposed legislation by Sen. Russ Feingold, D-Wisc., and Rep. James Oberstar, D-Minn., which attempts to restore Clean Water Act guidelines to policies that were in place prior to a pair of United States Supreme Court decisions. The controversy centers on the definition of “navigable waters” and which federal laws need to be considered in issuing permits under Section 404 of the Clean Water Act.
The Supreme Court cases are Rapanos v. the United States, decided in 2006, which involved filling in wetlands near ditches in Wisconsin; and the 2001 decision in the Solid Waste Agency of Northern Cook County v. the U.S. Army Corps of Engineers, which centered on the city’s plans to create landfills on old gravel pits the government deemed wetlands. The effect of both decisions was to muddy the distinction of whether water projects in areas marginally connected to a watershed required a 404 permit. “After the decisions, Congress said, ‘We’re going to fix it,’ ” Pifher said.
The first attempt at fixing it caused an uproar because of a lengthy series of findings that some felt expanded the Clean Water Act into land use authority, international treaties and other areas of federal jurisdiction. Others objected to the removal of “navigable waters” from the language of the law, saying it broadened the federal authority…
“The Western Urban Water Coalition drafted a compromise that leaves in navigable waters, but defines what they are,” Pifher said. It also included exemptions for both municipal and agricultural systems in the West, and protects administration of water rights according to state laws.
More S. 787 coverage here.
After last week’s election Colorado Springs Mayor Rivera claimed that Issue 300 would have no effect on the city’s stormwater enterprise fund. This week he’s saying that the people have spoken and that controlling stormwater runoff should be borne by the city’s general fund. Here’s a report from Daniel Chaćon writing for The Colorado Springs Gazette. From the article:
“I’m convinced that when people were voting on it, their primary vote was to eliminate or phase out the Stormwater Enterprise,” said Mayor Lionel Rivera, who previously maintained that Issue 300 would not affect the Stormwater Enterprise. The council’s about-face followed last week’s crushing defeat on Election Day, when voters slammed the door on a proposed property tax increase while approving a measure anti-tax crusader Douglas Bruce succeeded in placing on the ballot that phases out payments to the city from city-owned enterprises. Although some city officials had questioned whether Bruce’s measure affected fees collected from residents for the Stormwater Enterprise’s drainage projects, the council Monday told the city manager to prepare a recommendation on how to do away with the enterprise and associated fee with critical projects still in the pipeline.
More stormwater coverage here.


















