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From The Pueblo Chieftain (Chris Woodka):

“To maintain our current schedule to begin construction on the Pueblo Dam connection in early 2010, we have requested that Reclamation move forward with the contracting process as soon as possible,” said John Fredell, project director…

The contract negotiations will provide an additional opportunity for public comment on SDS, a $1 billion-plus pipeline project on track to be completed by 2016…

Colorado Springs Utilities also is seeking permits in El Paso County, and expects to present its case to the El Paso County Planning Commission in February, Fredell said. The city also has scheduled meetings with the Fountain Creek Watershed Flood Control and Greenway District, its technical advisory committee and its citizens advisory group during December and January.

More Southern Delivery System coverage here and here.

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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.

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From The Pueblo Chieftain (Chris Woodka):

Pueblo West is seeking state health department approval of a pumpback plan it says will not harm Lake Pueblo, which is contested by State Parks and the Pueblo Board of Water Works. The Pueblo County commissioners and Pueblo Area Council of Governments have balked at approval of Pueblo West’s plan to return treated sewer flows into a gulch behind the golf course above Lake Pueblo. Right now, all options are open, said Pueblo County’s water attorney Ray Petros…

“On the one hand, they say they have the science,” Petros said. “Then why are they so reticent about putting in an application for a 1041 permit so there could be public scrutiny and independent verification of that science?” The county still would have to permit a discharge into Lake Pueblo, even if state approval is given. There also likely would be issues with the Bureau of Reclamation for long-term storage contracts in Lake Pueblo, Petros said…

The pumpback option would allow Pueblo West to use more of [transmountain] flows because there would not be the transit loss associated with Wild Horse Dry Creek.

More Pueblo West coverage here.

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From The Pueblo West View (Mike Spence):

The 3-0 vote to reject the site application plan came after a 30-minute debate in which Pueblo West officials accused the county commissioners of singling out the Pueblo West project for rejection, of going back on their word, and connecting this project with the county’s battle with Pueblo West over the Southern Delivery System.

Those charges brought a rebuke from Commission Chairman Jeff Chostner. “It was the procedural compliance that is the problem,” Chostner said. “We are not hostile to your option. I have no opinion on your option. Until it comes to us formally, we are going to hold you to strict procedural compliance…

The war of words was over the metro district’s filing of an application with the Colorado Department of Public Health and Environment to relocate the discharge site of its wastewater plant from the Arkansas to Lake Pueblo. The application is one of the first steps in the metro district’s attempt to build a pump back project that will clean wastewater from its wastewater plant and pump it six miles to the Golf Course Wash and into Lake Pueblo. Pueblo West’s water is non-native to the Arkansas Basin, so it can be re-used to extinction, according to state law. It also would negate the need for exchanges from Lake Pueblo, metro district officials said. Currently, Pueblo West cleans its wastewater and pumps it to Wild Horse Dry Creek and into the Arkansas River. Pueblo West is given credit for that water and exchanges those credits for water from Lake Pueblo.

More Pueblo West coverage here.

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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

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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.”

More Flaming Gorge pipeline coverage here and here.

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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.

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From The Pueblo Chieftain (Chris Woodka):

“I think they are starting to understand the significance of what we are trying to do, and listening to the Secretary of Interior,” Jim Broderick, director of the Southeastern Colorado Water Conservancy District told the board Thursday. Broderick went to Billings, Mont., last week to meet with Mike Ryan, regional director for Reclamation, and other officials. He took a list of about 20 issues that have been of concern to the district in recent years. It’s a new era of cooperation for the district, which has had an often placid, but sometimes stormy relationship with Reclamation in the past. A large part of the credit for the thaw belongs to Secretary of Interior Ken Salazar, Broderick said. Salazar met with Southern Colorado water interests in August. His major action as a result of the meeting was to appoint Deanna Archuleta, deputy assistant secretary for water and science, as liaison for Arkansas Valley issues, like Southern Delivery System and the Arkansas Valley Conduit. Ryan also attended that meeting.

More Southeastern Colorado Water Conservancy District coverage here.

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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.

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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.

More nuclear coverage here and here.

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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.

More Super Ditch coverage here and here.

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From The Pueblo Chieftain (Chris Woodka):

“State parks’ greatest concern surrounds the public perception of a direct wastewater discharge into the North Marina Cove,” John Geerdes, regional manager for state parks wrote in a letter to Pueblo West officials last week. The public perception could decrease use of the north boat ramp as well as the North Marina Cove, impacting visitation and revenue at the state park, the most heavily used in Colorado, Geerdes said. A lengthy list of other concerns also is addressed in the letter.

Pueblo West wants to change its discharge point for treated sewage from Wild Horse Dry Creek to a gulch behind the Pueblo West Golf Course, about two miles from Lake Pueblo. The $6.5 million project would discharge water that meets state Department of Public Health and Environment guidelines and would allow Pueblo West to fully use its transmountain water rights, said Steve Harrison, Pueblo West utilities director. The metro district is confident its releases into the gulch won’t be detrimental to water quality in Lake Pueblo, noting that Pueblo West also takes its water from the lake and would not want to jeopardize its own supply, Harrison said…

Geerdes said state parks’ concerns include: Long-term effects of nutrient loading in the lake are unknown and create the potential for algae blooms that could affect both wildlife habitat and the appearance of the lake; Increased weed production, including tamarisk, along the drainage in the gulch. The state is asking for assurances that weeds would be controlled; The lack of dilution of water that is released into the gulch; State parks wants a long-term monitoring plan that includes the point of discharge into the reservoir; State parks has a potable water line that crosses the drainage, which could wash out with increased flows.

“State parks requests Pueblo West explore, evaluate and present other alternative options before making any final decision to release water return flows into Golf Course Wash,” Geerdes wrote.

More coverage from The Pueblo Chieftain (Peter Roper):

Pueblo West is filing an application with the Colorado Department of Public Health and Environment to relocate the discharge site of its wastewater plant from the Arkansas River below Pueblo Dam to Lake Pueblo. The discharge would be of treated water, not wastewater. Currently, the treatment plant discharges water into Pesthouse Gulch and then into the Arkansas River below the dam. The application would change the discharge route into Golf Course Wash, which leads into Lake Pueblo near the North Marina. District Manager Larry Howe-Kerr told the [Pueblo County] commissioners the district would satisfy all of the state’s water quality requirements in making the change.

Commissioners, however, turned down the request for approval, agreeing with county planning staff that the regional water-quality management plan, called a “208 plan” after the pertinent section of state law, needed to be amended first. That process could take six months or longer, according to Kim Headley, the county’s planning director. Howe-Kerr challenged that assessment, saying the regional plan should be modified later, after the state approves the change in the discharge site…

Headley said Lake Pueblo is a major source of drinking water to the region and other communities would want to comment on the Pueblo West application. Amending the 208 plan would require public hearings on the proposed change. After the commissioners voted not to approve Pueblo West’s application to the state, Howe-Kerr said Pueblo West would press ahead with the application anyway with the state’s Water Quality Control Division.

More Pueblo West project coverage here.

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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.

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From The Pueblo Chieftaian (Chris Woodka):

Flows from the dam were cut from about 350 cubic feet per second Saturday to 70 cfs on Sunday, as irrigators began a program that allows them to store winter flows for use later in the year. The winter water program was started by ditch companies under an agreement with the Southeastern Colorado Water Conservancy District in 1975, after Pueblo Dam was completed. It became a decreed water program in 1984. Water is stored in Lake Pueblo, as well as several downstream reservoirs, from Nov. 15 to March 15 of the following year…

Under a recovery of yield program, created by an intergovernmental agreement in 2004, a minimum flow of 100 cfs below Pueblo Dam is maintained throughout the winter months. The flow is calculated at the river gauge above Pueblo, with flows through the state fish hatchery added. This week, flows above Pueblo have been between 60-65 cfs, while fish hatchery flows have been between 30-40 cfs. “What we’ve agreed to is that the flow won’t go under 100 cfs, with retroactive curtailment of exchanges after March 15,” said Alan Ward, water resources administrator with the Pueblo Board of Water Works. Ward supervises the recovery of yield program. That decision was made last year, after flows in the Arkansas River dropped to nearly nothing in 2005 and were in danger of running low again in 2007. The IGA among Pueblo, the Pueblo water board, Colorado Springs, Aurora, Fountain and the Southeastern district calls for curtailment of exchanges when the river drops below 100 cfs…

In practice, Colorado Springs is the only IGA participant that exchanges in the winter months, storing water out of priority in Lake Pueblo in exchange for return flows, mostly from treated sewage, down Fountain Creek.

More Arkansas River Basin coverage here.

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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.

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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.

More geothermal coverage here and here.

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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.

More groundwater coverage here and here.

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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.

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From The Pueblo Chieftain (Chris Woodka):

The stormwater enterprise, which is expected to be phased out over eight years after Colorado Springs voters passed Doug Bruce’s Issue 300 last week, was linked to the Bureau of Reclamation’s environmental impact statement. “We need to read the language carefully,” Bruce McCormick, Colorado Springs water chief, said Friday. “While the enterprise is losing funding over time, SDS is still going to be funded according to the commitments in the EIS.” If necessary, Colorado Springs would pay for those commitments through the rate structure associated with building the $1 billion-plus SDS project, McCormick said. The EIS, released earlier this year by Reclamation, says Colorado Springs is responsible for improving storm drainage in the city as it grows, so that it will not exacerbate problems associated with runoff into Fountain Creek – erosion, sedimentation and pollution…

In replies to concerns about the future of the enterprise, Reclamation responded that the actions promised by Colorado Springs are independent of the enterprise. The EIS talks about the purposes for forming the enterprise in 2005. Colorado Springs sought to address a 20-year backlog of $300 million in stormwater improvements and strengthen planning with $17 million annually in new revenues. Some of those improvements were tied to correcting conditions that led, in part, to more than 100 sanitary sewer spills between 1998 and 2005, which were cited in a federal lawsuit by the Sierra Club. Colorado Springs has promised Pueblo County it would make $75 million in improvements to fortify its sanitary sewer system, pay $50 million to the Fountain Creek Watershed Flood Control and Greenway District and make other improvements as a condition for a 1041 permit. “We plan to begin dredging in the channel through Pueblo and enhancing wetlands in 2010,” McCormick said. “Those actions have nothing to do with the stormwater enterprise. The commitments are a separate component.”

Meanwhile it looks like there will be a legal challenge to Douglas Bruces’s Issue 300, passed by Colorado Springs’ voters last week. 300 would phase out the city’s stormwater enterprise. Here’s a report from Daniel Chaćon writing for The Colorado Springs Gazette. From the article:

The confusing and ambiguous language of ballot issue 300 is subject to various legal interpretations, and unnamed citizens groups are already talking about challenging the legality of a major part of the initiative, outgoing Assistant City Manager Mike Anderson said Thursday. The ballot initiative, which voters approved last week, is apparently in conflict with the city charter, Anderson said during a candid and wide-ranging speech before the Colorado Springs Press Association…

Anderson said Issue 300 amended the city code, but not the city charter, and the city charter allows payments in lieu of taxes. The city charter, which is analogous to state or U.S. constitutions for the city, trumps the city code, which is comprised of enacted city ordinances, he said…

Anderson said the city at this point doesn’t plan to challenge the legality of Issue 300, and he wouldn’t identify the citizens groups considering the legal challenge. Anderson would only say that “there’s some talk out there.” But the city is just starting to “dig into the implications” of 300, he said.

More Southern Delivery System coverage here and here.

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From The Pueblo Chieftain (Chris Woodka):

“This is our future,” Southeastern Colorado Conservancy District President Bill Long said Friday at a celebration marking the beginning of the conduit’s construction. “Sometimes I worry that we don’t think about the future the way they did in 1962 or 1942.”[...]

Members of Colorado’s congressional delegation evoked the words of President John F. Kennedy and the continued support of valley leaders such as Pueblo Chieftain Publisher Bob Rawlings, Long and others in moving the project toward reality. “I think Jack Kennedy would be enormously proud of the Southeastern district and Southern Colorado for hanging in there all these years,” Sen. Michael Bennet, D-Colo., said. “This is a touchstone for what we should be doing when our politics becomes crazier and crazier.” Bennet quoted Kennedy’s speech in Pueblo in 1962 that praised the public benefits of the Fryingpan-Arkansas Project as he signed it into law. The conduit was a crucial part of that project, and would benefit those with the poorest quality drinking water, the Lower Arkansas Valley. It was ballyhooed as a primary benefit when golden frying pans were sold to raise money to support the project. Enthusiasm grew in the 1960s – Lamar joined the Southeastern district in 1968 to partake of the conduit – and continued well into the 1970s…

It wasn’t until this year, when a concept that would use excess-capacity revenues from the Fry-Ark Project to repay federal costs of the conduit and other unfunded portions of the project, that the project took off…

“You’ve seen what happens when water moves away from communities,” Rep. Salazar said. “What we are here today to assure is that every community in the Arkansas Valley gets good, clean drinking water.”[...]

Both Bennet and Salazar mentioned [Bob] Rawlings’ role in promoting the conduit for decades, but Rawlings went even further in history to praise the efforts of others in the history of the Fry-Ark Project. “I think this is a wonderful day,” The Chieftain publisher said. “It’s been a long time coming. The efforts of Frank Hoag, Damian Ducy, Charles Beise, Charles Boustead and many others are looking down on us and grateful that this finally is getting done.”

More Arkansas Valley Conduit coverage here and here.

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Hoping to alleviate building delays due to the vagaries of federal funding the Southeastern Colorado Water Conservancy District is shortening the timeline for the environmental (NEPA) reports. Here’s a report from Chris Woodka writing for The Pueblo Chieftain. From the article:

The Southeastern Colorado Water Conservancy District Thursday approved a plan to wrap up major parts of an Environmental Protection Agency grant by next March, allowing the Bureau of Reclamation to begin work on an environmental impact statement by April. “The NEPA (National Environmental Policy Act) piece of this needs to get started,” said Phil Reynolds, project manager. In order to do that, an EPA grant that was going to take 27 months to complete will be pushed ahead of schedule. The work also includes identifying the route of the pipeline and looking at rights of way. The parts affecting the EIS, however, need to be completed so Reclamation can begin work.

At a meeting this week with the Bureau of Reclamation officials in Billings, Mont., the district received assurances that the $5 million appropriated by Congress for 2010 will be spent in this fiscal year, Executive Director Jim Broderick told the board. “Between now and March 31, we will enter into a third-party agreement with the Bureau of Reclamation,” Broderick said. “If we had not done that, the intent was to spend $2 million this year, and encumber $3 million for the following year.” That would make it difficult for the district to ask for more money in the following year, Broderick said.

Meanwhile, here’s the SECWCD budget news, from Chris Woodka writing for The Pueblo Chieftain. From the article:

“We are not looking at a huge shortfall,” said Kathie Fanning, chief financial officer. “So many things are coming to fruition.” Most of the district’s revenues – $12 million – go toward repayment of the Fryingpan-Arkansas Project, including $5.3 million for the Fountain Valley Conduit. The district began repaying $132 million on the Fry-Ark Project in 1982, and still owes $68 million on the 50-year loan. This year’s payments toward the project are about 6.5 million. Other payments toward operation of the winter water program, operation and maintenance. The largest expenses in the operating fund go toward employees, $1 million, and legal work, $515,000. Both figures are essentially unchanged from 2009. The district also has budgeted nearly $3 million for its enterprise fund, which includes an accelerated payment schedule for an Environmental Protection Agency grant for the Arkansas Valley Conduit. The budget includes property tax collections of 0.944 mills for parts of nine counties. El Paso County contributes 72 percent, while Pueblo County contributes almost 16 percent. Counties west of Pueblo contribute almost 9 percent, while those east of Pueblo make up the remainder.

More Arkansas Valley Conduit coverage here and here.

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From The Pueblo Chieftain (Chris Woodka):

A dedication for the Arkansas Valley Conduit will be at 11 a.m. Friday at the base of the Pueblo Dam. The $300 million conduit received $5 million in funding from Congress in October as part of an energy and water appropriations bill signed by President Barack Obama last week. U.S. Reps. John Salazar and Betsy Markey and U.S. Sens. Michael Bennet and Mark Udall, all Colorado Democrats, have been asked to speak at the event. The public is invited to attend, and may enter through the south entrance to Lake Pueblo State Park, and follow signs indicating where the ceremony will be.

More Arkansas Valley Conduit coverage here and here.

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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.

More Fountain Creek coverage here and here.

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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.

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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.