Pueblo County and Pueblo West settle lawsuit over Arkansas River winter flow program
November 23, 2010
From The Pueblo Chieftain (Chris Woodka):
Lawyers for both sides have reached agreement on language in the settlement, which will allow Pueblo West to receive more credit for return flows of treated wastewater down Wild Horse Dry Creek under the flow program. Pueblo County commissioners will consider the agreement this morning, while the Pueblo West metro district board will take it up at its meeting tonight. The details of the agreement have been hammered out for months and discussed in executive session by both boards. Other parties in the agreement are the Pueblo Board of Water Works, which will consider the agreement at its December meeting, and Colorado Springs Utilities.
The agreement would end a lawsuit filed by Pueblo West in 2009 over conditions imposed by Pueblo County commissioners in approving a 1041 permit for the Southern Delivery System…
Pueblo West would be allowed to exchange water into Lake Pueblo under certain conditions even though its flows enter the Arkansas River about four miles downstream of Pueblo Dam, according to a draft of the agreement. Those flows are upstream of the Pueblo Whitewater Park, so may be counted toward meeting the city of Pueblo’s recreational in-channel diversion decree measurements, the document states. Colorado Springs Utilities agreed to provide up to 900 acre-feet annually in Lake Pueblo to Pueblo West through a contract exchange, or paper trade, of Pueblo West Water in Twin Lakes. Colorado Springs may deliver water directly from Twin Lakes through its Homestake Pipeline. If Pueblo West’s water is delivered to Lake Pueblo via the Arkansas River, it is subject to a 10 percent transit loss. In return, Pueblo West would withdraw a state application to exchange return flows through a pumpback into the golf course wash that flows directly into Lake Pueblo. The plan was discussed in the past two years and met opposition from the Pueblo Area Council of Governments, with the sole exception of Pueblo West. Pueblo West intends to construct a pipeline down Wild Horse Dry Creek that would increase the amount of water it exchanges, and the other parties would support the plan in any PACOG, state health department and water court applications.
Trail across Twin Lakes Dam re-opens after seven year hiatus
October 24, 2009
From email from Reclamation (Kara Lamb):
After almost seven years the Bureau of Reclamation announced today the trail across Twin Lakes Dam is re-opening.
“Hikers and cyclists will no longer have to walk around the dam, but are now able to cross it directly, staying on the trail,” said Mike Collins, Area Manager for Reclamation’s Eastern Colorado office which oversees Twin Lakes. “Re-opening would not happen without the support and continued participation of the public.” In order for the trail to remain open, the public needs to be vigilant about activity at the dam. “We ask that the public use the trail only to cross the dam,” said Howard Bailey, safety and security manager for Reclamation’s Eastern Colorado Area Office. “We need your help keeping this facility safe.” Loitering and fishing are not allowed from the dam or within a 100-foot perimeter. No motorized vehicles are allowed on the dam. “Safety and security remain our top priorities,” said Collins. “It takes all of us working together, protecting our public facilities, to make something like this possible.”For questions about the trail re-opening, Twin Lakes Dam, and the Fryingpan-Arkansas Project, please contact Kara Lamb, public information, at (970) 962-4326.
More coverage from The Pueblo Chieftain. From the article:
A trail over Twin Lakes Dam that was closed for security reasons following the Sept. 11, 2001, terror attacks has been reopened.
More Twin Lakes coverage here.
Bottled water under fire
October 23, 2009
Bottled water and newfound caution approaching all things water is the subject of this article from Moises Velasquez-Manoff writing for the Christian Science Monitor. He ties his story to Nestlé Waters Chaffee County Project. From the article:
Citing myriad concerns, a group of [Chaffee County] residents has objected vigorously. They worry about impacts to the watershed and to nearby wetlands. They say that climate change, predicted to further dry Colorado and the Southwest, warrants a precautionary approach to all things water-related. And, pointing to fights other communities have had with the company, they say they simply don’t want Nestlé as a neighbor. Nestlé counters that these concerns are overblown. The company says: The amount of water it plans to withdraw is negligible; the project will bring many benefits – economic and otherwise – to the community; and the company, the largest water bottler in North America, is an upstanding corporate citizen…
But many say the greater story – about a growing world population of more than 6.5 billion faced with a limited supply of fresh water – is, in fact, just beginning. Experts not directly involved in the Chaffee County situation point to it as evidence of rising sensitivity to water issues everywhere. They cite a growing number of disagreements between communities and bottled-water firms around the US – in Maine, California, Florida, and Michigan, among other places – as evidence. “There is a growing interest in water as a whole [and] growing scarcity in the Western United States,” says Peter Gleick, president of the Pacific Institute in Oakland, Calif., a nonprofit that does research and policy analysis in the areas of environment and sustainable development. “And when people pay more attention, it sort of makes it harder to do the things [bottled water companies] used to do without any opposition.”
These companies have now become the focus of campaigns against bottled water in general. Organizations like Corporate Accountability International and the Environmental Working Group rail against bottled water for a number of reasons, the environmental impact of plastics among them. (Lauerman points to Nestlé’s new ecoshape bottles, which, he says, use 30 percent less plastic than most.) The groups also argue that consumption of bottled water – paying for something that’s already cheaply available – leads to neglect of municipal water infrastructure, to everyone’s detriment. The US Conference of Mayors has urged cities to stop buying water and has called for an investigation into how much the industry costs taxpayers. (By one estimate, 40 percent of bottled water comes from municipal sources, not springs.)…
But the assumption underlying these laws – that water is in limited supply – is the correct one, says Robert Glennon, author of “Unquenchable: America’s Water Crisis and What to Do About It.” Other states often allow “a limitless number of straws in the glass,” he says. But in Colorado, if you can’t replace it, you can’t take it. “That’s exactly what I think we should do,” he says.
More Nestlé Waters Chaffee County Project coverage here and here.
Here’s the next part of Lee Hart’s recap of the July 1 meeting of the Chaffee County Commissioners working meeting for Nestlé’s Chaffee County Project. She writes:
Commissioner Tim Glenn tried to explain the gravity of Scanga’s testimony to fellow commissioners who either didn’t seem to understand the intricacies of water law and prior appropriation or simply did not share Glenn’s concerns. Glenn noted it was Scanga’s role to go “to bat for every water right and ag producer” in the valley and that he found Scanga’s testimony “fairly compelling.”[...]
“If you have a senior water right (as Aurora does), you can take it unless something in writing says you can’t take it,” Glenn explained to his fellow commissioners. Glenn said he’d feel better if Nestle’s augmentation came from a local entity that would probably care more about protecting local water resources than Aurora. Alternatively, Glenn suggested getting an agreement in writing that Aurora won’t draw down depletions and invoke its ability to exchange in a drought year and will only use water sources outside the Arkansas River Valley to supplement any municipal shortfalls created by the Nestle lease. But Glenn, always the pragmatist, said, “I seriously doubt that could happen.”
It’s really pretty simple. Aurora is leasing Twin Lakes water to Nestlé. The Twin Lakes decrees are pretty senior in priority. In times of low water — say, a drought — the river is governed by calls in any given stretch. Calls are made when someone with a decreed water right asks for their water. If current demand in that stretch exceeds the volume of water called for, water is doled out in order of priority, oldest first. So, again in a given stretch, a decreed party might just fall out of priority. This is determined by the decree and ditch company or project rules. Ditch companies generally allocate water equally — so much water per share.
The water that Aurora is leasing to Nestlé is for augmentation. The water will be released from storage at Twin Lakes to the Arkansas mainstem to pay the river for the water that Nestlé plans to pump at Hagen Spring. They’ll always pay this water to the river unless they fall out of priority which has been rare. Remember, Twin Lakes water comes from the rainy side of Colorado. The folks that will be effected in a drought are those junior to Aurora’s Twin Lakes rights.
Nestlé plans to truck 200 acre-feet or so of spring water per year to Denver for bottling.
Roaring Fork Watershed: State of the River
May 13, 2009
Here’s a recap of the Colorado River District’s “State of the River” conference Tuesday dealing with the Roaring Fork Watershed, from Chris Woodka writing for the Pueblo Chieftain. From the article:
“Water is our greatest liquid asset,” said Dave Kanzer, an engineer with the Colorado River District, which is hosting meetings of watersheds along the Colorado River. “Our future is not controlled by the oil and gas as we feared last year. . . . Our economic assets are nothing without a reliable supply of water.” Through the Fryingpan-Arkansas Project and Twin Lakes Co., the Arkansas River basin brings over nearly 100,000 acre-feet of water each year from the Roaring Fork. While water managers on the eastern side of the Continental Divide fret about the ability of the Boustead Tunnel – which takes water from the Fryingpan River drainage into Turquoise Lake – to bring over trainloads of water every year, the Roaring Fork bemoans the loss of every drop. “The water that goes through the Boustead Tunnel is 100 percent consumptive,” Kanzer said. “That’s one drop we’ll never see again. . . . There is less water for use in the (Roaring Fork) basin.”[...]
The Roaring Fork is feeling pressure from other directions as well, Kanzer said in describing a new report that combines more than 50 studies of water quantity, quality and use in the basin. There are the diversions from the Roaring Fork mainly for use in Pueblo, Colorado Springs, Aurora and agriculture. But the Roaring Fork also supplies a large chunk of water for meeting Colorado’s obligations under the 1922 Colorado River Compact, water for endangered fish on a stretch of river closer to Grand Junction and for its own growing needs. Kanzer acknowledged there have been benefits from the Fry-Ark Project as well. The major storage in the Roaring Fork basin, [Ruedi] Reservoir, was a part of the project, and in flood years the water taken off the river reduces flooding for towns like Basalt. But the Western Slope gets concerned when Arkansas River water managers start talking about enlarging Lake Pueblo, the largest reservoir in the Fry-Ark Project, he added.
The residents of Pitkin County were so alarmed, in fact, that they passed a 0.1 percent sales tax last year to protect water, said County Manager John Ely. He said the new fund was popular with voters because of the past success of county land-preservation and trail initiatives that have grown to be one of the largest parts of the county budget. Commissioner Rachel Richards said the county is in the process of appointing a seven-member panel to figure out how to best spend the $700,000-$1 million the tax is expected to raise each year…
“We have to change the mindset we have in Colorado that water left in the river is a waste,” said Ken Neubecker, president of Colorado Trout Unlimited.
Here’s a recap of today’s proceedings with the Chaffee County Commissioners, from Lee Hart writing for the Salida Citizen. From the post:
For the first time in four months of public hearings, Nestle was obviously on the warpath as first Nestle project manager Bruce Lauerman, then Nestle lawyer Holly Strablizky took aim at Upper Arkansas Water Conservancy District Manager Terry Scanga…
Lauerman called Scanga’s testimony “fuzzy math.”
Buena Vista resident John Cogswell also cross-examined Scanga challenging the veteran water manager’s assertion that the Aurora-Nestle lease would have a significant adverse net affect. “(UAWCD’s) water argument doesn’t hold water,” Cogswell told the Salida Citizen.
Cogswell tried to get Scanga to agree that Nestle’s lease with Aurora would be no more impactful to water in the basin than irrigating 100 acres of agricultural land. Scanga agreed that while the depletion is the same, the beneficial use of the water is not. A local rancher’s use of the water creates beneficial use within the county while Nestle’s bottled water project creates beneficial use outside the county, Scanga said.
During questioning from Commissioner Tim Glenn, Scanga said the Nestle-Aurora lease compounds the impact to the Upper basin in ways that would not occur if Nestle secured its leased water from another in-basin entity such as Pueblo Board of Water Works or the joint Salida-UAWCD proposal.
On that last point, longtime resident and local Realtor Karin Adams brought more math to light. The Aurora lease will cost Nestle approximately $200,000 for 200 acre feet of water for each of ten years, with an option to renew for another 10-year term. Aurora’s lease to Nestle could be interrupted in the event of a severe drought. Nestle rejected a joint offer from Salida and the UAWCD that would have cost $500,000 but would have provided an in-basin, uninterruptable supply of water that would have protected Nestle and other water rights users in the event of a drought. Scanga said if Nestle had agreed to the Salida-UAWCD proposal, the UAWCD would have re-invested the money to enhance the county’s water portfolio.
On another point, despite Scanga’s assertion to the contrary, Lauerman told the commissioners unequivocably that UAWCD has expressed interest in participating with Aurora in Aurora’s lease to Nestle.
Even if the Chaffee County commissioners approve Nestle’s Special Land Use Permit, Nestle still has to get water court approval for its augmentation plan. The stage has been set for a battle of the titans in water court. Based on Scanga’s predications, there will likely be at least two if not more objectors to the Nestle-Aurroa lease when it goes before the water court in a process that typically takes at least two years.
The Chaffee County commissioners will take up Nestlé Waters’ 1041 application on April 21. Here’s a report from Paul Goetz writing for The Mountain Mail. From the article:
Comments were based on staff recommendations, rhetoric and evidence provided by consultants from Nestlé and Chaffee County, as well as other review agencies. Nestlé has provided a “substantial” list of 22 different documents since the March 10 planning commissioners 1041 application special meeting, Don Reimer, county planning director said. A complete application review will be placed on the county Web site, www.chaffeecounty.org, within the next few days, Reimer said…
The 1041 application was found to need further investigation with experts in wetlands hydrology and economic impacts. The county retained consultants for this purpose on April 7. Information from both consultants are expected April 17. Included in the draft application review, planners said Nestlé’s need to show the proposed project can be substantiated is not applicable. The application does not meet economic diversity and economic development standards, planners said…
Bruce Lauerman, Nestlé natural resources manager, announced a $500,000 endowment would be established and used for grants to local non-profits who facilitate the values of the Nestlé project. An ad will be placed in The Mountain Mail within the next week which will search for local truck drivers to work with Nestlé’s contracted trucking company, Lauerman said. The company plans to research whether or not it can draw 50 percent of its drivers from Chaffee County…
Planners said they agreed with county staff and found several items in the comprehensive plan need to be addressed including: protecting the scenic and visual quality of the valley and providing access to public lands and river and stream corridors. Efficient use of water including the recycling and reuse of water is satisfactory, planners said.
Nestlé is currently considering Chaffee County water counsel comments and proposed a condition of approval to address concerns. County staff and planners agreed Nestlé comply with water counsel, which will be addressed by a separate report. Planners said further information from the wetlands consultant is needed to determine whether the proposed project and diversion of water shall not decrease the quality and total maximum daily load of peripheral or downstream surface water resources. In reference to not significantly degrading groundwater quality, Sig Jaastad, planning commissioner, said he had concerns if the project would adversely affect upstream users. Planners agreed the standard would be satisfied if a ground water monitoring plan is established.
In addition, planning commissioners gave the following comments on recommended conditions:
•Develop land management plan with the Colorado Division of Wildlife, National Resource Conservation Service, Colorado State University extension and county staff.
•Obtain approval for land management plan from county.
•Plan should include a time line for implementation of practices and annual reports.
The Salida Citizen (Lee Hart) has the lowdown on Nestlé’s lease for Twin Lakes water from Aurora for augmentation. From the article:
Minutes from the council hearing show interest in the deal as a way to keep water rates low to Aurora citizens outweighed concerns that the price was too low, or sent the wrong message about Aurora’s water resource availability to third parties, or that in so doing, Aurora would become part of the controversy between Nestle and Chaffee County citizens opposed to the project. Aurora Water Director Mark Pifner noted there was little public input during the negotiations with Nestle.
Here’s a look at Chaffee County’s fact finding around the economic impacts and site restoration from Lee Hart writing for the Salida Citizen. Read the whole thing, there is a lot of details. Here’s an excerpt:
Denver-based Coley-Forrest Inc. has been hired at an estimated cost of $4,500 to $8,000 to further study the economic impacts of the Nestle project within Chaffee County. Hydrologic Systems Analysis LLC of Golden has been charged with a closer examination of the interaction of groundwater and the aquifer on wetlands as a result of Nestle pumping hundreds of gallons per day from springs in Nathrop for transport to Denver where it will be bottled and distributed under Nestle’s Arrowhead brand. That report is expected to cost no more than $8,000. Nestle is required to reimburse the county for all the expenses, including consultants, necessary to process its applications.













