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From The Denver Post:

One of the linchpins is that Denver Water, which serves more than 1.3 million customers on the Front Range, gets approval for the expansion of Gross Reservoir near Boulder. The utility needs the project so it may ensure adequate water for customers on the northern edge of its service area…

The agreement calls for Western Slope parties to not oppose — and in some cases support — the Moffat Collection System project, which includes the reservoir expansion.

More Colorado River Cooperative Agreement coverage here.

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From The Pueblo Chieftain (Chris Woodka):

Gov. John Hickenlooper presided over a ceremonial signing of agreements among Denver Water, Grand and Summit counties and the Clinton Ditch & Reservoir Co. on Tuesday in Hot Sulphur Springs.

More Colorado River basin coverage here.

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Here’s the release from Denver Water (Stacy Chesney):

Leaders from Grand and Summit counties, Denver Water and the Clinton Ditch & Reservoir Co. — entities that for decades battled in court over water — stood today with Gov. John Hickenlooper and signed the Colorado River Cooperative Agreement, changing the way water will be managed in Colorado.

The Colorado River Cooperative Agreement is the product of years of negotiations, and ultimately included more than 40 parties stretching from Grand Junction to the Denver metro area. The historic agreement is the largest of its kind in the history of the state. It shifts Colorado away from a path of conflict to a path of cooperation and collaboration in managing the state’s water resources.

Signatories described the agreement as a meaningful way forward to protect the Colorado River.

“Our goal through the whole negotiation was to be better off tomorrow than we are today with our water resources,” said Grand County Commissioner Nancy Stuart.

“The collaborative spirit is alive and well in Colorado,” said Gov. John Hickenlooper. “This is a state where we get things done. From farmers and families to businesses and wildlife, this agreement will help protect Colorado’s water and is a testament to how collaboration can overcome even long-standing differences in managing this vital resource.”

The comprehensive agreement focuses on significantly enhancing the environmental health of Colorado’s rivers and streams, as well as supporting many West Slope cities, towns, counties and water providers as they work to improve water quality and quantity of water through new municipal projects and river management initiatives.

“This is a new way of developing water in Colorado,” said Grand County Commissioner James Newberry. “Only through cooperative effort can we do the right thing for the resource.”

“The agreement we sign today marks the beginning of a new era of inter-regional cooperation with one broad goal: a brighter and more sustainable future for Colorado,” said Penfield Tate, vice president, Denver Board of Water Commissioners. “Today, we are saying there is a better way — a way that will make the Colorado River and its tributaries healthier, ensure a more reliable water supply for our customers, and that will develop and use water in a way that protects and improves the environment and benefits all users from the West Slope to the Front Range.”

In exchange for environmental enhancements, including financial support for municipal water projects and providing additional water supply and service area restrictions, the agreement, with the required mitigation, will remove opposition to Denver Water’s Moffat Collection System Project.

“This agreement honors the recognition that protecting water resources and tourism in our headwaters counties also protects the entire state of Colorado’s economy,” said Summit County Commissioner Karn Stiegelmeier.

Bill Baum, president of the Clinton Ditch & Reservoir Company, said: “Since 1992, Clinton Ditch & Reservoir Company has been a monument to what cooperation can achieve. Governmental entities and private industry have worked together through Clinton to provide a source of water for the residents of Summit and Grand County, for the visitors who are our economic lifeblood, and for the industry that provides the resources that allows all of us to live and play in this magnificent part of Colorado.” He continued: “Twenty years later, this new cooperative agreement carries on and extends that spirit of collaboration to a wider group and a new century. Clinton is pleased to be a part of it, and we will all be better off as a result of it.”

The entities also signed on to the “Learning by Doing” process, by which Denver Water, Grand County, the Colorado River District, the Middle Park Water Conservancy District and others will use the flexibility in Denver Water’s water system to manage flows for the benefit of the environment in Grand County.

In addition to today’s signatories, the agreement has been signed by Eagle County, Eagle River Water & Sanitation District, the Upper Eagle Regional Water Authority and Eagle Park Reservoir Company. Other West Slope entities are expected to sign in the near future.

From the Denver Business Journal:

“The collaborative spirit is alive and well in Colorado,” said Gov. John Hickenlooper. “This is a state where we get things done. From farmers and families to businesses and wildlife, this agreement will help protect Colorado’s water and is a testament to how collaboration can overcome even long-standing differences in managing this vital resource.”

The agreement specifies that any new water project by Denver Water in the Colorado River Basin will be developed only in cooperation with those entities impacted by the development.

Other provisions of the agreement:

• Additional water for towns, districts and ski areas in Grand and Summit counties to serve the needs of residents and to improve the health of rivers and streams.

• An agreement to operate key Denver Water facilities, such as Dillon Reservoir in Summit County, and Williams Fork Reservoir and the Moffat Collection System in Grand County, in a way that better addresses the needs and concerns of neighboring communities and enhances the river environment.

• Greater certainty for Denver Water to develop future water resources for its customers by resolving long-standing disputes over its service territory, its ability to use West Slope water, its ability to develop future water supplies in the Colorado River Basin, and other legal issues.

• Additional water and enhanced system reliability for customers of Denver Water, representing nearly 25 percent of the state’s population, by moving forward the Moffat Collection System Project.

• Agreement by all partners to not oppose Denver’s storage of its Blue River and Moffat Project water on the Front Range.

• Reinforcement of the priority and increased conservation and reuse within Denver Water’s service area.

• Improves the health of Colorado’s rivers and streams by dedicating funds to pay for watershed, water treatment and aquatic habitat improvements in the Colorado River Basin.

• Changes in water management associated with the Shoshone Power Plant in Glenwood Canyon that preserves historic flows in the middle and lower Colorado River.

A key part of the agreement allows Denver Water to move ahead with the Moffat Collection System Project to address shortages like the one that occurred in the drought of 2002, when the north end of the system nearly ran dry.

“It is critical to the Denver region that this project moves forward,” said U.S. Rep. Diana DeGette, D-Denver. “I applaud Denver Water and all of the signatories for their dedication to settling old conflicts and coming together to the benefit of our quality of life and economy.”

From email from Colorado Trout Unlimited (Randy Scholfield):

Statement by Trout Unlimited on Denver Water Cooperative Agreement:

Colorado Trout Unlimited today praised the Cooperative Agreement to be signed Tuesday, May 15 in Hot Sulphur Springs by Denver Water, west slope officials and other stakeholders, but cautioned that additional measures are needed to protect the Upper Colorado River ecosystem.

“The Cooperative Agreement shows that by working together, we can find ways to meet our water needs while protecting our natural resources,” said Mely Whiting, counsel for Trout Unlimited’s Colorado Water Project. “But the job isn’t finished. It’s important to remember that this agreement does not cover the future impacts of Denver Water’s proposed Moffat Tunnel expansion on the Fraser River Basin, nor does it address the combined impacts of the Moffat Tunnel expansion and Northern Colorado Water Conservancy District’s Windy Gap Firming Project on the Upper Colorado.” Collectively, these diversion projects will take another 15-20 percent of the flows of the Upper Colorado River, which is already significantly impacted by water diversions. Unless the impacts of these new projects are mitigated, the river habitat will continue to decline, according to the state’s own studies.

“The Colorado River is still very much a river at risk,” said Whiting. ”We call on Gov. Hickenlooper, Denver Water, Northern and other key players to follow through on this achievement by securing a package of protections that offsets these looming impacts on the Upper Colorado.”

For more info: www.defendthecolorado.org

More coverage from Bob Berwyn writing for the Summit County Citizens Voice. From the article:

Against a backdrop of an intensifying mountain drought, Hickenlooper said this year’s dry conditions magnify the need for cooperative solutions and highlight the fragility of the state’s rivers in the face of possible climate change impacts and increasing demand from a growing population. “Some of our watersheds are reporting the driest conditions in our recorded history … this puts Colorado on a better footing, with more secure water sources both for headwaters counties and Denver,” Hickenlooper said.

Most importantly for Denver Water, Summit and Grand counties agree not to oppose a plan to expand diversions from the West Slope through the Moffat Tunnel Collection System, a project that, in its present form, is still bitterly opposed by conservation and river advocacy groups.

In return, the headwaters counties get some assurances on flows, as well as money for mitigation and enhancements. All the agreement documents are online at the Colorado River District website. Denver Water also agrees not to expand its service area and to increase water recycling and storage for reuse.

More coverage from the Associated Press via The Columbus Republic:

Gov. John Hickenlooper joked that the water wars have now been scaled back to “rubber bullets and bean bag shotguns.” He said he hoped other similar deals would be worked out across Colorado, where 80 percent of the water comes from west of the Continental Divide but 80 percent of the demand is in the more populous east.

“Colorado is the ultimate beneficiary,” he said.

Denver Water — which serves about 1.3 million people in the Denver area — and nearly three dozen Western Slope water users announced the proposal last year. Eagle County and its water districts became the first to sign in February. The endorsement of the cities of Rifle and Glenwood Springs and some irrigation districts is still pending.

Under the deal, Denver Water will contribute $25 million to western Colorado projects and limit its service area. In return, the signers won’t oppose Denver Water’s proposal to hold more mountain water in Gross Reservoir…

In Summit County, home of the utility’s largest reservoir, Denver Water agreed to pay $11 million for projects including improvements to a wastewater treatment plant and to provide 250 acre-feet of water to districts and towns for free. Denver Water also plans to keep Dillon Reservoir full enough to support summer boating and fishing.

More coverage from KUNC (Kirk Siegler). From the article:

“This agreement solidifies and shows a new way of doing water business in Colorado,” said Grand County Commissioner James Newbury. Newbury spoke at a signing ceremony in Hot Sulpher Springs that included Governor John Hickenlooper, the head of the Colorado River District and others.

More coverage from Tonya Bina writing for the Sky-Hi Daily News via the Summit Daily News. From the article:

The signing took place more than one year after Gov. John Hickenlooper last visited Grand County, when he first rolled out the Colorado Cooperative Agreement, deemed an unprecedented water agreement for our time. The agreement aims to settle years of East and West Slope water disputes. “I’m not sure the fighting’s ever going to completely stop,” Hickenlooper said…

Denver Water’s Moffat Firming Project and its goal to enlarge Gross Reservoir to divert more water from the West Slope, plus its 2006 diligence application in federal court regarding water rights under the Blue River decree, sparked negotiations in an arena when litigation and political disputes between Colorado’s West and East Slopes were ripe with potential. A mediator was hired in 2007 under then-Denver Mayor Hickenlooper’s advisement, and as many as 35 parties from the Front Range to the western state line joined in to try and resolve some of the state’s longest-standing water issues.

The result is a 50- page document, plus pages upon pages of legal attachments, that spells out water resolutions or “enhancements” for the Fraser and Blue rivers, certain tributaries and the upper and middle rivers of the Colorado River to the Grand Valley…

Besides $11 million in Denver Water dollars promised to address some river issues specifically in Grand County, with more dollars for Summit and Eagle counties, the agreement highlights the importance of the Shoshone Power Plant to the entire Western Slope. The plant, which has been around since 1902, “puts a demand on the stream,” according to Eric Kuhn, executive director of the Colorado River District, during an annual State of the River meeting last week. “When it puts a demand on the stream, water is released from Wolford to Green Mountain and from Williams Fork (reservoirs). All that water reaches Kremmling and runs downstream and provides stability,” he said. “The thing we’ve been concerned about is the 110 year-old plant has started to behave like a 100 year-old plant. We’ve asked, and Denver has agreed … to operate its system like the plant was operating, so we wouldn’t put a hole in the river. That hole in the river causes problems for irrigators, causes problems for fishing and causes problems for rafting.”

The agreement is also poised to settle a Green Mountain Reservoir administration dispute, which has been brewing since 1955, according to Kuhn, as well as the Blue River Decree settlement. And in the agreement, Denver Water set its service area so that it does not become a conduit for expansion on the Front Range.

More Colorado River basin coverage here.

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From the Associated Press via The Aspen Times:

Denver Water and the leaders of Grand and Summit counties are set to sign the Colorado River Cooperative Agreement at noon Tuesday in Hot Sulphur Springs. Denver Water and nearly three dozen Western Slope water users announced the proposal last year. Eagle County and its water districts became the first to sign in February. The endorsement of the cities of Rifle and Glenwood Springs and some irrigation districts is still pending.

More Colorado River Cooperative Agreement coverage here.

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Here’s the release from Denver Water (Stacy Chesney):

WHO: Governor John Hickenlooper; Grand County Commissioners James Newberry, Nancy Stuart Gary Bumgarner; Penfield Tate, Denver Water Commissioner; Summit County Commissioners Dan Gibbs, Karn Stiegelmeier; William J. Baum, Clinton Ditch & Reservoir Co.; Eric Kuhn, Colorado River District, General Manager.

WHAT: Leaders from Grand County, Summit County, Denver Water and the Clinton Ditch & Reservoir Co. will sign the Colorado River Cooperative Agreement. This unprecedented agreement achieves better environmental health for the Colorado River Basin, maintains high-quality recreational use and improves economics for many cities, counties and businesses impacted by the river. The agreement is the result of five years of negotiations.

WHEN: Tuesday, May 15, 2012, noon

WHERE: Grand County Administration Building, 308 Byers Ave., Hot Sulphur Springs, CO 80451

More Colorado River Cooperative Agreement coverage here.

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Here’s the release from Colorado Trout Unlimited (Randy Scholfield):

Colorado Trout Unlimited today announced that Grand County government – led by County Commissioners Gary Bumgarner, James Newberry, and Nancy Stuart – is the recipient of TU’s 2012 Trout Conservation Award for its work protecting the Upper Colorado River watershed in the face of Front Range water diversions and other threats.

The award is presented each year to recognize outstanding achievements in conserving Colorado rivers and trout habitat.

“I have never seen a local government place the level of attention, resources, and overall emphasis on river conservation as has been the case with Grand County over the past five years,” said David Nickum, executive director of Colorado Trout Unlimited. “Commissioners Bumgarner, Newberry and Stuart, and County Manager Lurline Curran, have worked tirelessly to preserve healthy river flows along with the wildlife, local communities, and quality of life that depend on them. They have been true champions for the Colorado headwaters.”

“As a resident of Grand County for 40 years, and as a father who wants his children and their children to experience the same natural wonders that I’ve enjoyed here over the years, I am deeply appreciative of the unified effort from our commissioners and staff in their fight to save our rivers and lakes,” said Kirk Klancke, president of the Colorado River Headwaters Chapter of TU. “I am proud of my county for having courageous leaders like these, who are an example to all of the Davids that are facing Goliaths.”

Nickum called Grand County “a longstanding and valued partner” with Trout Unlimited in working to protect and restore the Upper Colorado River watershed. He noted that Grand County officials have invested more than $3 million into assessing and addressing the needs of its rivers, and spent thousands of hours negotiating with Front Range water users and advocating to federal permitting agencies for better protections for the Upper Colorado River watershed.

Among other accomplishments in the past year, Grand County (along with other west slope governments and Denver Water) unveiled a historic “cooperative agreement” that includes many important benefits for the Colorado River and its tributaries, including millions of dollars for river restoration and environmental enhancement; 1,000 acre-feet of water to help with low flows in the Fraser River watershed; guarantees that the vital Shoshone call continues to operate in the future to keep water in the Colorado River year-round; and an agreement that any future transbasin projects will only be pursued with the consent of the West Slope. The agreement is also important in establishing a stakeholder partnership called “Learning by Doing” to provide ongoing monitoring of river health to ensure adequate protection measures.

Grand County has also worked with the Northern Colorado Water Conservancy District to use Windy Gap pumping capabilities to re-manage some “excess” water for the benefit of flows in the Colorado River and has filed for a Recreational In Channel Diversion to help support a new in-river water right on the Colorado mainstem.

Moreover, Grand County leaders are negotiating with Northern for enhanced funding for river restoration projects—including a needed bypass around Windy Gap Reservoir to improve Colorado River habitat—and additional water for use in Grand County to boost flows and river health. Grand County is also promoting an agreement to release water for endangered fish in the downstream Colorado River out of Granby Reservoir – thereby benefiting the Colorado through miles of key trout habitat – instead of releases solely from Ruedi Reservoir, as has been done in the past.

For all the progress in recent years, the health of the Upper Colorado River ecosystem will continue to decline unless further protections are put in place to address looming impacts from two new Front Range diversion projects, Denver’s Moffat Tunnel expansion and Northern’s Windy Gap Firming Project. Nickum noted that EPA recently issued recommendations that supported Grand County and TU’s case for stronger mitigation on the Windy Gap Firming Project.

“Grand County officials understand that the Colorado headwaters are the lifeblood of their communities and of our state’s tourism economy and outdoor quality of life,” said Nickum. “They have set an example for our public leaders of what strong river stewardship looks like.”

More Colorado River basin coverage here.

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Back when I was a kid I remember folks talking about how much President Eisenhower loved fishing the Fraser River. We thought it was cool that he came to Colorado once in a while. His wife Mamie spent part of her time growing up in Denver and Colorado Springs. Here’s a report about the proposed “Eisenhower Memorial Reach” from Tonya Bina writing for the Sky-Hi Daily News. From the article:

State Rep. Randy Baumgardner (R-Cowdrey), is sponsering the bill that could authorize the Colorado Department of Transportation to accept and expend gifts, grants, donations and federal funds for sign placement on US Highway 40 in downtown Fraser, directing motorists to the river’s newly designated “point of interest.”[...]

The effort to designate the Fraser River’s two-mile stretch from the bridge-crossing at Rendezvous Road to the bridge-crossing at County Road 8 was spearheaded by the Grand County chapter of Trout Unlimited. TU plans to pay for additional signage to direct visitors to the Eisenhower statue along the river and to talk about the river designation, according to chapter president Kirk Klancke of Fraser. The designation, Klancke said, “is to draw attention to the fact that the Fraser River is a pristine environment, pristine enough to have drawn the leader of the free world back in the ’50s.”

Naming this reach of the Fraser after 34th president Dwight David Eisenhower makes a “historical and political statement,” Klancke said. River advocates hope the resolution highlights “what’s being sacrificed for the sake of municipal water supplies,” he said…

According to a draft of the resolution, Eisenhower first made his way to Byers Peak Ranch in the Fraser Valley as late as 1952 and returned each year until his heart attack in 1955. Eisenhower enjoyed fishing in the Fraser River and its tributary St. Louis Creek, which he referred to as his “home water” when visiting Colorado.

More Fraser River coverage here and here.

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Here’s the release from Colorado Trout Unlimited (Randy Schofield):

A coalition of river advocates has unveiled a billboard on I-70 that highlights the threat to the upper Colorado River from massive water diversions to the Front Range—diversions that are sucking the life out of the upper Colorado and degrading irreplaceable mountain areas where many Coloradans love to fish, hunt, and recreate.

The billboard is part of a larger grassroots campaign that is rallying Coloradans to help protect this popular western slope recreation destination.

The billboard, in the foothills of Golden near the 470 exit, shows a state flag image being drained of water and warns, “Don’t Suck the Upper Colorado River Dry.” The message will reach an estimated 180,000 people each day who travel this major east-west corridor.

“Coloradans need to know that the health of the upper Colorado and Fraser rivers is jeopardized by these water diversions,” said Sinjin Eberle, president of Colorado Trout Unlimited. “We’re asking our state leaders to step up and finish the job of protecting these special places.”

For years, large-scale water diversions to Denver and the Front Range have severely depleted and at times nearly sucked dry entire stretches of the upper Colorado River and its tributaries, including the Fraser River. The low flows and higher temperatures have caused dramatic declines in fish and other benchmarks of aquatic health. Low flows have also contributed to the spread of smothering silt and choking algae.

River advocates warn that the proposed expansions of the Moffat Tunnel and Windy Gap diversion projects could push the upper Colorado ecosystem to the brink of collapse unless environmental mitigation plans for the projects contain stronger flow protections for the rivers. Those proposals are currently in the final stages of permitting and under review by federal regulators.

The billboard is aimed at the tens of thousands of Front Range residents who travel up I-70 each week to hike, ski, fish, raft and play on the West Slope. Outdoor recreation is a $10 billion a year business in the state, supporting 107,000 jobs and generating nearly $500 million in state tax revenues. Many towns in the Fraser and upper Colorado River valleys depend heavily on outdoor tourism for their economic health.

“It’s important that Front Range residents understand the seriousness of these diversion impacts and show their support for healthy rivers,” said Drew Peternell, director of Trout Unlimited’s Colorado Water Project. “We can meet our water needs while preserving our rivers, but that will only happen with stronger protections for the Upper Colorado.”

Gov. Hickenlooper and other state leaders have a responsibility to protect these rivers and the state recreation economy that depends on them, said Peternell.
A 2011 state study that showed stronger measures were needed to keep the upper Colorado system healthy. Moreover, in a recent letter citing that study, the EPA called for a “more robust monitoring and mitigation plan” for the Windy Gap proposal.

The groups are calling on state and federal officials to support stronger protection measures for the upper Colorado, including higher spring flushing flows and a monitoring plan for the river.

“We’re asking Gov. Hickenlooper to speak up for the Colorado River,” said Peternell. “He has an opportunity to be a hero for the river.”

In response to the campaign, thousands of Coloradans have raised their voices for river protection. The Defend the Colorado website features a “Voices of the River” gallery profiling Fraser Valley residents and visitors who speak eloquently about their concern for the river. Moreover, thousands of Coloradans and more than 400 businesses have signed petitions asking state leaders to protect the rivers and state tourism.

“These are special places,” said Jon Kahn, owner of Confluence Kayaks in Denver. “Many Coloradans live here because of our state’s magnificent rivers and recreation opportunities. That quality of life is at risk unless our leaders act.”

To learn more about diversion impacts on the river and how you can raise your voice to help, go to www.defendthecolorado.org

More coverage from Bob Berwyn writing for the Summit County Citizens Voice. From the article:

From all the feel-good language about a global solution and Front Range-West Slope collaboration, you’d never know that there’s a bitter war being waged over what’s left of the Colorado River. A coalition of river advocates hopes to cast a spotlight on the fight with a new billboard going up along I-70, where mountain-bound travelers will see the bold message, “Don’t Suck the Upper Colorado River Dry.”[...]

At issue is a pair of planned new diversions, based on existing water rights, by Denver Water and the Northern Colorado Water Conservancy District that would further deplete the Colorado River’s native flows.

Northern’s Windy Gap firming project would divert water through the Colorado-Big Thompson system to a proposed new reservoir on the northern Front Range, southwest of Loveland.

Denver Water’s Moffat Collection System Project would produce 18,000 acre-feet of new supply by expanding Gross Reservoir, near Boulder.

Both projects are under review, and Colorado has developed mitigation plans that address at least some of the potential impacts. The state’s water establishment claims the mitigation plans will not only protect the Colorado River from new impacts, but actually improve existing conditions. Environmental advocates are skeptical, and are asking for additional specific mitigation and monitoring, and recently got some backing from the EPA, which pointed out weaknesses in the proposed mitigation plans…

River advocates warn that the proposed expansions of the Moffat Tunnel and Windy Gap diversion projects could push the upper Colorado ecosystem to the brink of collapse unless environmental mitigation plans for the projects contain stronger flow protections for the rivers. Those proposals are currently in the final stages of permitting and under review by federal regulators.

More Colorado River basin coverage here.

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Here’s a guest commentary written by Eric Kuhn, David Modeer and Fred Krupp running in The Denver Post. The trio are issuing a call to arms of sort, asking for input for the Colorado River Basin Study. Here’s an excerpt:

Management of the Colorado River is a complex balancing act between the diverse interests of United States and Mexico, tribes, the seven basin states, individual water users, stakeholders, and communities. The challenges posed by new growth and climate change may dwarf anything we faced in the past. Instead of staring into the abyss, the water users, agencies, and stakeholder groups that make managing the Colorado River responsibly their business are working together, using the best science available to define the problem, and looking for solutions.

We’re calling our inquiry the Colorado River Basin Study, and we want your help. As Colorado River management professionals, we have a lot of knowledge and ideas, but we know that we don’t have them all. We want ideas from the public, from you, but we need your input by February 1. You can submit your suggestions by completing the online form at: http://on.doi.gov/uvhkUi.

The big question we need to answer is: What are the reasonable water management options and strategies that will provide water for people, but also maintain a healthy river system? We don’t believe there’s a single silver bullet that will resolve all of our challenges. We want to continue to explore the benefits and costs of every possibility, from conservation to desalination to importing water from other regions.

The West was built on innovation and hard work, and that spirit is still strong. Our landscapes and communities are unparalleled in their beauty, resilience, and character. The economic well-being of our rural and urban communities in the Colorado River basin is inextricably linked to Colorado River and its environmental health.

That’s why we are asking for the public’s input to help us craft a study showing a path forward that supplies our communities with the water they need to thrive and protects the health of the Colorado River-and the ecosystems and economies it supports.

More Colorado River basin coverage here.

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From the Summit County Citizens Voice (Bob Berwyn):

Even more worrisome to conservation advocates are the projected declines in summer flows. Below Windy Gap Reservoir, July flows could drip by as much as 20 percent, according to the Bureau’s study, which also acknowledged that extensive mitigation measures will be needed to protect West Slope aquatic ecoystems…

But the proposed mitigation falls short of what’s needed to protect the Upper Colorado, according to Trout Unlimited, a cold-water fisheries conservation group.

Here’s the release from Colorado Trout Unlimited (Randy Scholfield):

A new federal report on the environmental impacts of a plan to expand the Windy Gap water diversion project in Colorado falls short of recommending what’s needed to protect the fragile Upper Colorado River, according to Trout Unlimited.

The Final Environmental Impact Statement, released by the U.S. Bureau of Reclamation on Nov. 30, outlines the anticipated effects of the proposed project and recommends needed mitigation.

“This new document is an improvement over the previous version in that it acknowledges the Windy Gap project will worsen conditions in the Upper Colorado River and Grand Lake unless measures are taken,” said Drew Peternell, executive director of Trout Unlimited’s Colorado Water Project. However, the mitigation proposed by the bureau falls far short of what is needed and critical problems continue to be ignored. We urge the Bureau to require additional protective measures to preserve this irreplaceable natural resource.”

“Trout Unlimited’s concerns with the Environmental Impact Statement are echoed by the Upper Colorado River Alliance, a nonprofit group that is also seeking to require more mitigation to protect the river,” said Boulder attorney Steven J. Bushong, a representative of the Alliance.

The report comes out as Trout Unlimited is launching a petition campaign to protect the Upper Colorado River and its tributary, the Fraser River, and the mountain communities, businesses, people and wildlife that depend on them. The petition campaign, based online at DefendTheColorado.org, is being spearheaded by Trout Unlimited to engage advocates for the iconic but threatened rivers. The website allows advocates to sign on to a petition that will be delivered to decision makers before the bureau makes a final decision on the Windy Gap project. That decision is expected in early January.

“The good news is that the Bureau of Reclamation’s Environmental Impact Statement says additional mitigation measures may be added before the agency makes a final decision. That highlights the importance of taking action to stand up for the river now,” Peternell said.

Already 60 percent of the Upper Colorado is diverted to supply Front Range water users. The Windy Gap proposal, along with a separate Moffat Tunnel water project, could divert as much as 80 percent of the Upper Colorado’s natural flows. According to Trout Unlimited, steps must be taken to protect the rivers including:

· Managing the water supply to keep the rivers cool, clear and healthy.
· Funding to deepen river channels and create streamside shade.
· Monitoring of the rivers’ health and a commitment to take action if needed to protect them.
· Bypassing the Windy Gap dam to reconnect Colorado River and restore river quality.

“The Final Environmental Impact Statement continues to ignore existing problems that will be made much worse by the Windy Gap project,” said Sinjin Eberle, president of Colorado Trout Unlimited. “A study released by the Colorado Division of Parks and Wildlife earlier this year shows that entire populations of native fish and the insects they feed on have all but disappeared from the Colorado River below the Windy Gap Reservoir. The state study blames the reservoir and the lack of spring flows that clean sediments from the stream beds and warns that expansion of the Windy Gap project poses additional threats to the health of the river and the aquatic life in it.” See http://www.cdphe.state.co.us/op/wqcc/Hearings/Rulemaking/93/Responsive/93rphsTUexG.pdf

The Windy Gap project also impacts the health of Grand Lake. “Grand Lake – once a pristine lake of dramatic clarity and scenic beauty – has become cloudy, weedy and silty because of diversion water pumped into the lake from Shadow Mountain reservoir,” said John Stahl of the Greater Grand Lake Shoreline Association. “Nothing in the FEIS mitigation plan is helpful in addressing the existing problems–at best it maintains the status quo while more likely creating even bigger problems.”

The Environmental Impact Statement indicates that the Bureau of Reclamation will monitor to ensure that mitigation is adequate and will impose additional measures if necessary. “That’s helpful but needs to be more clearly articulated. Another critical addition is the construction of a bypass around the Windy Gap dam,” Eberle added.

The DefendTheColorado.org campaign highlights the people who depend on the rivers.

“The Colorado and Fraser rivers aren’t just bodies of water, they are the lifeblood for wildlife, local communities and the state’s recreation economy,” Eberle said. “But many Coloradans are unaware that these rivers are on the brink of collapse because of diversions. DefendTheColorado.org’s purpose is twofold – to raise awareness about the threats facing the Colorado and Fraser and to give people a way to stand up for our rivers.”

Eberle added, “We can’t afford to let these rivers literally go down the drain.”

A new feature of the website called “Voices of the Fraser” profiles local Fraser Valley residents and visitors who speak eloquently about their connection to the Fraser River and the need to preserve healthy flows. Among the individuals profiled are Olympic skier Liz McIntyre, logger Hoppe Southway and landscape artist Karen Vance.

“It would be a shame to see any of these tributaries dry up just for the sake of developing the Front Range,” said Southway in his profile. “It’s the water my children and grandchildren are going to want to see someday, and I hope it’s protected for future generations.”

Visitors to the site also have added their voices about why the river is important to them.

“I have fished and hiked the Fraser and Upper Colorado river regions for over 30 years and am deeply saddened by the degradation of these great watersheds,” a Golden, Colo., resident wrote.

A Bonita Springs, Florida, resident wrote: “I LOVE fishing that stretch of water and find such a simple peace of being in that area. Please don’t mess with such a special place.”

“As a visitor and fisherman to Colorado on a regular basis, my tourist dollars help the local communities,” noted a resident of Blue Springs, Missouri.

More Windy Gap Firming Project coverage here and here.

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Say hello to DefendTheColorado.org, a new website designed to connect interested people and raise awareness of the issues around transbasin diversions from the Upper Colorado River here in Colorado. Here’s a report from Tonya Bina writing for the Sky-Hi Daily News. From the article:

For the Trout Unlimted Project, [Editorial Photographer and Videographer Ted Wood of Story Group, Boulder] brought in Boulder colleagues Beth Wald, a photojournalist who of late has been covering environmental and cultural stories in Afghanistan, and Mark Conlin, a seasoned underwater photographer.

“We launched the project as a way to get more visibility of the stream-flow issues on the Fraser and Upper Colorado,” said Trout Unlimited’s Randy Schoefield. “What we’re trying to portray is the community’s deep connection to the river.”

The Story Group plans to add more portraits to the website in coming days and weeks. Eventually, Trout Unlimited hopes to host public events that display the portraits as well as work by other photographers, granting a full sense of the river’s significance in Grand County and the consequences of further transbasin diversions.

Click on the thumbnail graphic above and to the right for a map of Denver Water’s collection system. More Colorado River basin coverage here.

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Here’s the release from Denver Water (Stacy Chesney):

The Fraser River is on its way to a better future. Sediment created by sand applied to Berthoud Pass to improve winter driving conditions now has a better place to go, thanks to a partnership between entities on both sides of the divide. The Colorado Department of Transportation (CDOT), Denver Water, Grand County and Town of Winter Park, along with the U.S. Forest Service-Sulphur Ranger District, East Grand Water Quality Board, Army Corps of Engineers and Colorado Parks and Wildlife have come together to construct a settling pond on the Fraser River on the east side of U.S. Highway 40 near the entrance of the Mary Jane ski area.

“This project and the Colorado River Cooperative Agreement show that by working together we can save the Fraser River,” said Grand County Commissioner James Newberry.

“This is a great example of collaboration, ingenuity, and the value of the Cooperative Agreement we recently negotiated with Grand County and other West Slope entities,” said Dave Little, director of planning for Denver Water.

The project began in August and is expected to be completed by mid-November. Crews have been constructing a settling pond in Denver Water’s existing diversion facility, building an access road and establishing a mitigation pond – or, new wetland area – downstream of the project. The purpose of the settling pond is to trap and remove sediment that enters the Fraser River below Berthoud Pass. This project builds on previous efforts funded by a Colorado Nonpoint Source Program grant from the Colorado Department of Public Health and Environment, which involved an initial construction phase years ago and helped pay for this new design.

“CDOT is very excited to see this project take form,” said CDOT Region 1 Director Tony Devito. “The end result of removing traction sand from this drainage basin is so critical for the environment and end users of this watershed. This could not have happened without those involved collaborating toward the common goal.”

The project is funded through multiple partners. Led by president Kirk Klancke beginning in 2002, the East Grand Water Quality Board acquired a grant from the Colorado Water Conservation Board in 2008 for $187,900 to construct the settling pond. Grand County is administering the grant and contributing $45,000 plus one-third of the cost of all change orders. In addition, CDOT is contributing $175,000 toward project engineering and construction. As part of the enhancements recently agreed to in the Colorado River Cooperative Agreement Denver Water has contributed $90,000 toward construction, is managing the project, and is allowing the construction of the settlement pond within its Fraser River diversion facility.

“This will be a great enhancement for our water treatment system,” said Mike Wageck from Winter Park Water and Sanitation District. “The excess sediment clogs Winter Park’s drinking water intake pipes and Winter Park Resort’s diversion pumps.”

The settling pond design, created by JVA, Inc., captures sediment and includes a diversion structure to channel water away from the basin when it is necessary remove the sediment. The design also includes access improvements from U.S. Highway 40 to accommodate long-term maintenance and sediment removal without impacting wetlands or Denver Water’s infrastructure. The new access route will allow CDOT to easily remove the sediment from the pond and load it into trucks to be hauled to a Grand County gravel pit for reuse. The sediment was tested to make sure it contained no potentially unsafe materials.

For more information, please contact Grand County at 970-725-3347, ext. 101, or go to www.co.grand.co.us.

More coverage from Bob Berwyn writing for the Summit County Citizens Voice. From the article:

Better maintenance and capture of highway sand can help reduce impacts to tiny aquatic organisms that form the base of the food chain in the river, helping to sustain healthy fisheries. The larvae of the aquatic insects need a coarse bed of rocks at the bottom of the stream to thrive. When the sand fills in all the gaps between the rocks, the bugs have nowhere to go.

The settling pond will also protect municipal and resort water infrastructure and equipment.

Work started in August and should be done by mid-November. Crews have been constructing a settling pond in Denver Water’s existing diversion facility, building an access road and establishing a new wetland area downstream of the project.

More Fraser River watershed coverage here and here.

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Here’s the release from the partners.

More South Platte River basin coverage here.

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From the Sky-Hi Daily News (Tonya Bina):

Klancke is featured this month in Field & Stream as one of the magazine’s “2011 Heroes of Conservation,” which highlights individuals involved in grassroots projects to preserve the land, water and wildlife vital to sportsman’s pursuits. Selections are based on factors including leadership, commitment, project growth and results, according to statements from Field & Stream.

Along with five additional honorees, Klancke will be celebrated at a Field & Stream gala event in Washington D.C. on Oct. 11, where he will be presented with a $5,000 conservation grant. He said plans to give the grant to the Grand County chapter of Trout Unlimited with the goal of better educating Denver/Front Range citizens about the Moffat and Windy Gap firming projects, which seek to pull more water out of Grand County rivers…

“The whole award-thing is humbling,” Klancke said. “But it’s not about me; the battle is to save this river.”

More Colorado River basin coverage here.

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From the Sky-Hi Daily News (Tonya Bina):

The shares are being sold by private landowners and individuals within the Grand County Irrigated Land Company, which historically has had access to 850 acre-feet of senior Vail Ditch water from Meadow Creek and Strawberry Creek, stored in Meadow Creek Reservoir for irrigating ranchlands. The reservoir is located at the northernmost extension of the collection system used to convey water through Denver Water’s Moffat Tunnel…

According to [Grand County Mutual Ditch and Reservoir Company's president Bruce Hutchins], purchase of the shares preserves how the water is being used today, which is mainly for growing hay, vegetables and for irrigating pastures. The partners would likely lease the shares back to their original owners, he said. “As they come up for sale, we feel it’s better to keep them than to let them possibly go to the East Slope,” he said…

The Vail Ditch was originally built to supply water to the Granby-area mesa for the Great Western Head Lettuce Co. The Vail Ditch Company formed in 1911 when the water right was filed.

Partners with interest in benefiting streamflows for river health and human use from Winter Park on downstream formed The Grand County Mutual Ditch and Reservoir Company in 2005 as a means to purchase shares. In 2008, the Company purchased 85.5 shares using a $1.5 million state matching grant from the Colorado Water Conservation Board through the Colorado River Basin Roundtable.

More Fraser River watershed coverage here.

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From email from Denver Water (Lori Peck):

Montclair Pump Station will be renamed the Hamlet J. “Chips” Barry III Pump Station

WHAT: Denver Water Board members, employees, local officials, Montclair neighborhood residents and the family of Chips Barry will honor Denver Water’s former manager at a ceremony to rename the Montclair Pump Station. This event will include tribute speeches and an unveiling of the new sign. Montclair Pump Station is in the Barry family neighborhood and is part of the recycled water system put into service during Barry’s tenure as manager of Denver Water.

WHEN: Friday, Aug.12, 8 a.m.

WHERE: Montclair Pump Station; 1100 Quebec St.; Denver, CO 80230

NOTE: Due to space constraints, this event is limited to invitees and members of the news media.

HISTORY: Chips Barry was the manager of Denver Water for 19 years. He had planned to retire last summer, but was killed in an accident May 2, 2010. During his tenure at Denver Water, the utility implemented a conservation program that is nationally and internationally recognized as a model of success, built a recycled water distribution system, invested millions of dollars in improvements at its treatment facilities, monitored recovery from several devastating wildfires in Denver Water’s watershed and led the work to recover from one of the worst droughts in the city’s history.

More Denver Water coverage here.

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Here’s the release from Grand County via the Sky-Hi Daily News. Here’s an excerpt:

The project is located in the Arapaho National Forest and involves collaboration between the Colorado Department of Transportation, Denver Water, the Town of Winter Park and Grand County as well as the East Grand Water Quality Board, the Army Corps of Engineers and the Colorado Division of Wildlife.

The 15-year-old pond will be rebuilt to better trap and collect sediment that washes down the road. Improved engineering will allow CDOT to easily remove excess sediment from the pond without impacting wetlands or infrastructure. The sediment will be hauled to a Grand County gravel pit for reuse. The sediment has been tested to make sure there are no environmental concerns.

In rivers, trout need cold, clear water with a loose, rocky bottom. Traction cinders used on Berthoud Pass in the winter end up in the Fraser River, choking spawning beds and other aquatic habitat and undermining overall stream health.

In addition, the excess sediment clogs Winter Park Water and Sanitation District drinking water intake pipes and Winter Park Resort’s diversion pumps. By collecting and removing the excess sediment, project partners hope to improve water quality and the functioning of the Fraser River ecosystem.

More Fraser River coverage here and here.

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From the Boulder Daily Camera (Mitchell Byars):

The meeting was held by state Sen. Jeanne Nicholson and Rep. Claire Levy, who also expressed their opposition to the project. “I’ve made no secret that I don’t think we should have this project,” Levy said. “We can’t keep sucking water out of a river and killing it.”[...]

Residents brought up the noise that would accompany the construction and were concerned about the number of trucks that would be making their way up the winding Colo. 72. Denver Water estimated that construction would put 2.2 more trucks on the road per hour for a 10-hour work day. But residents said that increase in heavy, slow-moving trucks would damage and congest the roads, creating dangerous situations. Denver Water said a rail system would cost about $20 million and would be too costly to put in for the project. Travis Bray, project manager for the project, said studies showed the increase in truck traffic would not pose any significant delay or safety issue, but residents disputed the accuracy of those studies.

“I can’t imagine the road is safe with these trucks,” said Susan Simone, who works in Boulder and commutes on Colo. 72. “We don’t need a study to see that; we’re not stupid. My own car got totaled on that road.”

More Moffat Collection System Project coverage here and here.

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From the Boulder Daily Camera (Laura Snider):

The developers of the two water projects, Denver Water and Northern Water, say they plan to not only offset any future environmental problems created by their new projects in the upper Colorado River basin, but to also work together to voluntarily “enhance” the existing habitat in the area. “By fully mitigating our impacts, we keep (the basin) the same,” said Denver Water’s Travis Bray. “Through enhancement and through our cooperative efforts we’re making it better.”

But [Kirk Klancke], who works as a water manager in Grand County, and some Colorado environmental groups contend that more aggressive mitigation and rehabilitation plans are needed to save what’s left of the Colorado River. “Both of these (water utilities) wrote an environmental statement that said there would be no impacts,” said Klancke, who also serves as the president of the Colorado River Headwaters Chapter of Trout Unlimited. “But the third-grade class at Fraser Elementary can tell you what happens when you take 80 percent of a river.”[...]

Because Windy Gap’s water rights are relatively junior, the project only can divert water during wet years. But in wet years, Lake Granby — a critical storage reservoir for the Colorado-Big Thompson system — is often full, leaving no room for the Windy Gap water to travel to the Front Range. This makes the water supplied by Windy Gap to its original participants extremely unreliable…

If approved, the firming project calls for building a new reservoir west of Carter Lake in Larimer County. The Chimney Hollow Reservoir would be able to store 90,000 acre-feet of water, giving the Windy Gap water that can be drawn in wet years a place to go…

In Boulder County, Denver Water plans to offset the impacts of flooding hundreds of acres of land to expand Gross Reservoir by replanting woody riparian vegetation and by buying credits from buying credits from an approved “wetlands mitigation bank” to offset the two acres of wetland that will be inundated…

But what both water providers are most proud of is their cooperatively created “enhancement plan,” which they say will go beyond mitigating the impacts of the new project and actually improve the current conditions in the upper Colorado River basin. The idea is to restore the section of the Colorado River that lies downstream of both the Windy Gap and Moffat projects where the populations of giant stoneflies and sculpins, both of which are food for trout, have declined over the years. Together, Denver Water and Northern Water have agreed to spend $4.5 million on the restoration effort and put another $1.5 million into a reserve fund that can be used to tweak elements of the restoration project that aren’t working as designed. “This is not what we think is required by the state. We are not required to go back and make changes based on the impacts of past projects,” said Dana Strongin, spokeswoman for Northern Water. “This is a benefit — it’s something extra. We don’t have to do this, but we wanted to…

Mely Whiting, senior attorney with Trout Unlimited’s Colorado Water Project, said the plans don’t adequately address stream temperature problems and flushing flows. When the mountain snowpack begins to melt in the late spring and early summer, the influx of water “flushes” the rivers, scraping sediment off the streambed and, in some years, overflowing the banks and recharging adjacent wetlands. Because both of the new projects plan to draw water during the periods of high runoff, Whiting said the rivers are being robbed of the critical flush. When flows stay low throughout the summer, the sediment builds up on the bottom of the rivers and destroys the habitat used by aquatic insects. The low flows also increase the danger that stream temperatures will climb higher earlier in the summer…

The solution proposed by Trout Unlimited is to essentially reconstruct the habitat of the Fraser and the upper Colorado River to create narrower channels that would allow the remaining water to run deeper, faster and cooler…

Trout Unlimited commissioned a study to see how much it would cost to do the work that it believes needs to be done on the Fraser and upper Colorado rivers. According to the study, $3 million to $5 million more needs to be budgeted in the mitigation plan to adequately rehabilitate the Fraser and about $5 million more is needed for the upper Colorado River. Western Resource Advocates then analyzed how much an additional $5 million each from Denver Water and Northern Water would cost their customers. The result is that Denver Water customers would have to pay an additional $0.53 a year for 30 years and Northern Water customers would have to pay an additional $1.60 a year for 30 years. “Is protecting a river worth a dollar a year?” Beckwith asked. “It’s not a lot of money. People lose that much money in the couch.”

But Denver Water’s Travis Bray said it’s not fair to expect his utility and Northern Water to shoulder the entire burden of rebuilding the upper Colorado River basin, which has been degraded over the decades due to multiple projects. “In a perfect world, Denver Water and Northern Water would have unlimited funding and we could just make the whole Fraser River a gold medal (trout) river,” he said…

The final environmental impact statements for both projects are expected to be released late this year or next year. When each statement is released, the public will have the opportunity to give public comment before a final decision is made about whether to give the projects final approval.

More coverage from Laura Snider writing for the Boulder Daily Camera. From the article:

If a Denver Water plan to nearly triple the size of Gross Reservoir gets the final OK, hundreds of acres of shoreline, tributaries, wetlands and vegetated slopes in southwest Boulder County would be underwater. The construction necessary to raise the dam more than 100 feet also would require trucks laden with sand to make 44 round trips up to the reservoir each day during peak construction from sand quarries near Longmont. Denver Water estimates that it will take five years to complete the project. These impacts have raised concerns with the Boulder County commissioners as well as reservoir neighbors…

Earlier this year, Denver Water also released its proposal for how the utility plans to mitigate fish and wildlife impacts for the project. The plan, which was approved in June by the Colorado Wildlife Commission, calls for mitigating the loss of about two acres of wetlands by buying credits from an approved “wetlands mitigation bank.” Denver Water also plans to replant native woody riparian vegetation along the edge of the newly enlarged reservoir to replace the four acres of riparian habitat that would be flooded if the expansion goes forward. Since the reservoir is largely fed from water traveling through the Moffat Tunnel from the Western Slope and emptying into South Boulder Creek, Denver Water would also monitor the effects of a greater volume of water on stream bank stability. The Boulder County commissioners have said that they do not believe Denver Water’s mitigation plan adequately addresses the impacts of the reservoir expansion.

More Moffat Collection System Project coverage here and here.

More Windy Gap Firming Project coverage here and here.

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A while back Trout Unlimited signaled pretty strongly that the Moffat Collection System Project and the Windy Gap Firming Project were in for a fight, even as Denver Water and Northern Water were making efforts to appease west slope concerns with increased diversions from the upper Colorado and Fraser rivers. Despite the historic agreement between Denver Water and west slope water wonks and the recently announced Colorado Division of Wildlife approval for mitigation there may be a long battle ahead for the two Front Range providers to move more water through the Adams and Moffat tunnels.

Here’s a guest commentary about new proposed diversions from Drew Peternell running in The Denver Post. Here’s an excerpt:

Earlier this month, Denver Water and the Northern District presented to the Colorado Wildlife Commission plans to mitigate the impacts of their projects. While the plans do include some meaningful provisions, they do not go far enough.

First, under the proposed mitigation, Denver can divert from the Fraser River even when diversions violate stream temperature standards designed to prevent fish mortality.

Second, the increased diversions could eliminate the spring high-water flows necessary to flush stream channels of sediment, which is choking many stretches of the river to death.

Third, the mitigation plans do not include a bypass of Windy Gap Reservoir, a measure that would reduce rainbow trout whirling disease and significantly improve conditions in the Colorado River downstream of the reservoir.

And fourth, while the mitigation plans include some funding for habitat projects to adapt the streams to the new, lower flow reality, the dollar figures fall short of what is needed by nearly $10 million, according to estimates by independent restoration contractors.

Yes, protecting the health of the upper Colorado River basin from the impacts of the proposed water diversions requires money. And $10 million may sound like a lot. But for Denver Water customers, it would be less than $1 a year per household, according to an analysis by Western Resource Advocates.

Denver Water and the Northern District won’t have to pay a nickel for the water they propose to take from the upper Colorado River basin, and they refuse to pony up the money needed to offset the impacts of their diversions, arguing that their customers won’t tolerate the rate increase.

Is saving our state’s namesake river worth a buck a year to you?

More Colorado River basin coverage here.

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Here’s the release from Denver Water (Stacy Chesney):

Denver Water placed second in a taste test among water utilities across the nation at the American Water Works Association’s annual Best of the Best Water Taste in Washington, D.C. The event, composed of regional winners from water-tasting competitions across North America, was part of AWWA’s Annual Conference and Exposition.

“We are proud Denver Water placed so highly in this national taste test,” said Ken Pollock, superintendent of water treatment for Denver Water. “Our mission is to provide our customers with high-quality water and excellent service. This honor reflects the dedication and commitment that Denver Water employees have to high-quality water.”

A panel of experts rated each water system on its flavor characteristics. Judges included Dr. Russell Ford, deputy director of drinking water infrastructure for CH2M Hill and vice chair of AWWA’s Taste and Odor Committee; Monique Durand, engineer at Hazen and Sawyer, P.C., and member of the Taste and Odor Committee; Dr. Andrea Dietrich, professor of civil and environmental engineering at Virginia Tech and past chair of the Taste and Odor Committee; and Neal Augenstein, reporter for Washington, D.C.’s WTOP Radio. Top honors went to the Greenville Water System, of the city of Greenville, South Carolina.

Denver Water moved on to the national competition after placing first in a taste test among water utilities in Colorado, Wyoming and New Mexico at the AWWA Rocky Mountain Section’s annual conference at Keystone Resort in Colorado last September.

More coverage from The Denver Post (Mitchell Byars). From the article:

“It’s pretty exciting to be able to represent Denver at a utility level,” said Melissa Elliott, the director of public affairs for Denver Water and a volunteer with AWWA who was at the competition in D.C.

Denver Water won a regional competition among Colorado, Wyoming and New Mexico water utilities to get to the national competition, which featured 24 competitors from around the country.

More Denver Water coverage here.

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Here’s the release from Colorado Trout Unlimited (Randy Schofield):

Trout Unlimited today expressed disappointment in a June 9 Colorado Wildlife Commission decision to approve without changes mitigation plans offered by Denver Water and the Northern Colorado Water Conservancy District for two new water diversion projects, saying the plans fall short of what’s needed to protect the fish and wildlife resources of the upper Colorado River basin.

“We appreciate the hard work the commission and its staff have put into reviewing the proposed Moffat Tunnel and Windy Gap expansion projects,” said Drew Peternell, director of Trout Unlimited’s Colorado Water Project. “While the mitigation package the commission approved yesterday is an improvement over the plans Denver and Northern offered originally, it is not enough to protect the rivers and streams of the upper Colorado River basin from the impacts of the new projects.”

For decades, large-scale water diversions to the Front Range have severely depleted and damaged the upper Colorado River and its major tributaries, including the Fraser River. Already, transbasin water diversion projects, including Denver Water’s Moffat Tunnel pipeline and the Northern Colorado Water Conservancy District’s Windy Gap project, take about 60 percent of the native flows of the upper Colorado River basin. The proposed expansions of the Moffat Tunnel and Windy Gap projects would take an additional 15 percent of flows and further stress an ecosystem that is on the tipping point of survival.

Trout Unlimited vowed to seek additional mitigation conditions in the next phases of project permitting and urged Denver Water and Northern to do more to offset the impacts of the proposed projects on the Colorado River and its tributaries.

At the Wildlife Commission meeting in Grand Junction Thursday, several wildlife commissioners expressed concerns that the final mitigation plans submitted by Denver Water and Northern were inadequate, but the commission voted unanimously to approve the plans anyway, without changes.

“We’re disappointed that commissioners apparently believed they didn’t have the statutory authority to recommend additional protections,” said Mely Whiting, counsel for TU’s Colorado Water Project. “We don’t believe that’s an accurate reading of the statute.”

Last week, TU, West Slope landowners and other stakeholder groups urged the Wildlife Commission to include several provisions in the final mitigation package to ensure the health of the rivers:

- Reconnecting the Colorado River by creating a “bypass” around Windy Gap Reservoir.
- A halt to diversions when water temperatures are on the verge of state “impaired” standards – water warm enough to kill trout.
- Adequate spring flushing flows to keep the rivers healthy and sustain riparian areas that are critical to wildlife.
- An ongoing plan to monitor stream conditions and identify needed habitat restoration projects.
- An endowment fund to pay for those restoration projects as an “insurance policy” for river health.

TU leaders stressed that these were reasonable requests. “We weren’t asking for perfection,” said Whiting. “We were simply asking for adequate mitigation, an ‘insurance policy’ that provides the minimal level of protection needed to keep the rivers and streams of the upper Colorado basin healthy into the future. Yesterday’s decision puts these irreplaceable resources at risk.”

The Fraser River was a big loser in the decision, said TU. Under the plan approved by the commission, Denver Water can divert through the Moffat Tunnel even when those diversions violate stream temperature standards designed to prevent lethal effects on fish. And the project could take so much water that flushing flows critical to clean the stream of harmful sediment would no longer be available. The mitigation plans had several other deficiencies, including:

- Funding for stream projects to protect the Colorado River fell significantly short—between $3 and $5 million short, according to TU’s calculations, based on estimates by independent restoration contractors.
- Funding for a potential bypass of Windy Gap Reservoir, which could significantly improve downstream Colorado River conditions, was not included in the package.
- Northern’s plan allows chronic stream temperature problems and provides insufficient flushing flows in the Upper Colorado River.

TU thanked the commissioners for their efforts and acknowledged the complex, difficult nature of these mitigation decisions. But the sportsmen’s group said that the overriding goal of ensuring the future of the river’s wildlife habitat and fisheries was not achieved.

“The bottom line is that under this mitigation package, the health of the upper Colorado River and its tributaries will continue to decline,” said Peternell.

To learn more about diversion impacts on the river and watch TU’s short video “Tapped Out,” go to www.defendthecolorado.org

More coverage from Scott Willoughby writing for The Denver Post. From the article:

Several wildlife commissioners echoed the sentiment that the final mitigation plans submitted by Denver Water and Northern were not ideal, but the commission voted unanimously to approve the plans anyway. The projects’ Fish and Wildlife Mitigation Plans now move to the Colorado Water Conservation Board, which has 60 days to affirm or modify the state’s position. Gov. John Hickenlooper will also have 60 days to affirm or further modify it before it’s submitted to federal permitting agencies…

Prompted by a coalition of stakeholders led by Trout Unlimited, both water utilities made concessions to plans previously submitted. Among the additional measures are improved safeguards for maintaining cool water temperatures and minimum flow protections, creation of contingency funds for unanticipated impacts and enhanced funding for river restoration plans. The restoration plans were not required by the permitting process but were offered by Denver and Northern to help address impacts from past water development. The agreements hinge on final federal approval of the water projects.

The additional measures are a step in the right direction, watchdogs say, but don’t go far enough. Trout Unlimited vowed to seek additional mitigation conditions in the next phases of project permitting and urged Denver Water and Northern to do more to offset the impacts of the proposed projects on the Colorado River and its tributaries…

Most significant among the stakeholders’ requests is a “reconnection” of the Colorado River by creating a yet-to-be- designed bypass around the 445-acre-foot Windy Gap collection pond that the group has pinpointed as a major problem area near the confluence of the Fraser and Colorado rivers. Most agree that the proposal has merit, although further study is required. “We feel that the reconstruction of the channel downstream is just as important,” DOW aquatic biologist Ken Kehmeier told the commission. “We feel that we can’t determine the necessity for a bypass until a study is done.”

More coverage from Janice Kurbjin writing for the Summit Daily News. From the article:

Trout Unlimited representatives say the plans fall short of what’s needed to protect the fish and wildlife resources of the Upper Colorado River Basin. They vowed in early June to fight the projects on several fronts, including at the federal permitting level, if the plan didn’t include strong protections for the Upper Colorado River. They are now focused on other permitting levels. “We want more,” said Drew Peternell, director of Trout Unlimited’s Colorado Water Project.

Groups such as the Fraser River Basin Landowners and the Upper Colorado River Alliance are on board with the fight…

According to the Division of Wildlife, restoration plans aren’t required by the permitting process but were offered voluntarily by the utilities. A DOW statement said the commission’s authority is limited to mitigating impacts from the proposed projects and restoring the river to a past condition is beyond the scope of commission authority…

Trout Unlimited and other West Slope landowners and stakeholders asked the wildlife commission earlier this month to include several provisions, they called it an “insurance policy,” to protect the health of the rivers. What’s been offered isn’t enough, they say. Despite flow and temperature monitoring proposed by Denver Water, Trout Unlimited claimed the utility is still allowed to divert through the Moffat Tunnel even when those diversions violate stream temperature standards designed to prevent lethal effects on fish. The diversions could also negatively affect flushing flows that clean the stream of sediment, they said. Both utilities agreed to a $600,000 “mitigation insurance policy” that falls between $3 and $5 million short, Trout Unlimited representatives said. In particular, there’s no funding for a Windy Gap Reservoir bypass, meant to improve downstream Colorado River conditions, nor was an endowment fund established to pay for future restoration projects that would be planned and monitored.

More Moffat Collection System Project coverage here and here.

More Windy Gap coverage here and here.

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From The Denver Post (Mitchell Byars):

Now the plan must clear the U.S. Army Corps of Engineers, which is expected to release its final environmental impact study later this year. If the Army Corps gives the project the green light, construction on the expansion of Gross Reservoir in southwest Boulder County could start as early as 2015. The project is expected to take four years. The wildlife commission voted unanimously to accept Denver Water’s environmental mitigation plan. “We take this unanimous vote as an endorsement of our cooperative approach with local stakeholders,” said Denver Water’s planning director Dave Little. “Now we want to move aggressively towards implementing these measures.”[...]

In the mitigation plan, Denver Water agreed to stop diverting water from July 15 through the end of August if temperatures in the river reached levels that could possibly threaten local fish populations. The utility also pledged money to enhance stream habitats in cooperation with local counties and the Northern Colorado Water Conservancy District. “Make the river better, that’s sort of our mantra,” Little said. “We’ve addressed all of the impacts in the scientific study the Army Corps of Engineers did, which was an exhaustive effort. But we know the Corps did not capture the impacts that some others have brought up and that’s why we went above and beyond in our mitigation plan.”

More coverage from Tonya Bina writing for the Sky-Hi Daily News. From the article:

In a series of unanimous votes, the commissioners approved mitigation plans for Denver’s Moffat Collection System project and Northern’s Windy Gap Firming Project and also authorized the Colorado Division of Wildlife to enter into an intergovernmental agreement with Denver and Northern to help manage a significant restoration project for the upper Colorado River…

The votes came after Denver and Northern described to Commissioners several new or modified plan elements, which include enhanced temperature and flow protections, creation of contingency funds for unanticipated impacts and enhanced funding for river restoration plans. The restoration plans were not required by the permitting process but were offered voluntarily by Denver and Northern to help address impacts from past water development. The agreements hinge on the water providers obtaining final federal approval for their projects…

Prior to the vote, Wildlife Commission chairman Tim Glenn summarized concerns expressed by several commissioners regarding the complex package of plans and the potential that development of the projects may have unintended consequences for the Upper Colorado, Fraser and Williams Fork rivers. “Is it perfect?” Glenn asked “No. But staff has evaluated it inside and out and I’m confident that it’s better than where we are.” The Commission’s recommendation will now be transmitted to the federal permitting agency for each project…

To further address impacts from its Moffat Collection System project, Denver has agreed to new elements including increased safeguards for maintaining cool water temperatures and minimum flows in the Fraser during high summer and additional funds for aquatic habitat improvements in that river. Denver also agreed to reserve $600,000 for a “mitigation insurance policy” to address any new impacts identified by the Final Environmental Impact Statement being developed by the U.S. Army Corps of Engineers. This is in addition to Denver’s previous proposal to fund a Colorado River cutthroat restoration project and other aquatic habitat restoration work on the Fraser. On the Colorado River, Denver would maintain two water temperature gauges and agree to release water in August if high temperatures threatened fish…

East of the Divide, Denver would allow Boulder and Lafayette to store water in the enlarged Gross Reservoir for release during winter months, replace wetlands inundated by the larger reservoir and monitor stream channel stability.

In its final proposal, Northern agreed to increase minimum peak flows during drought conditions to maintain fish spawning habitat, to further restrict or curtail pumping during extreme conditions to protect cool water temperatures and to reserve $600,000 for a “mitigation insurance policy” to address any new impacts identified by the Final Environmental Impact Statement for Windy Gap being developed by the Bureau of Reclamation. Northern’s proposal included mitigating impacts on the Upper Colorado River system by managing their pumping to maintain water levels in Lake Granby and keep water temperatures cool, looking for ways to improve flushing flows in the Upper Colorado River below Windy Gap Reservoir and contributing to water quality projects that reduce nutrient loading in Lake Granby, Grand Lake and Shadow Mountain Reservoir.

East of the Divide, Northern proposed to replace lost wetlands and improve enhance wildlife habitat near the new Chimney Hollow reservoir…

In their final plans, Denver and Northern agreed to add $1 million in funding to the Upper Colorado River Habitat Project to $4.5 million and increase money set aside to address future contingencies or operating and maintenance costs on that project to $1.5 million. Denver and Northern also pledged to enter into an intergovernmental agreement with the DOW to manage the habitat project, and urged that the DOW be given a more direct role in developing and managing stream restoration projects contemplated under the Learn By Doing adaptive management process created by Denver’s global settlement with Grand County and other stakeholders…

Senior Northeast Region aquatic biologist Ken Kehmeier said Division staff believes that in total, the agreements, including those made with mountain communities, would not only address impacts from the new projects but also help repair impacts to the Colorado and Fraser rivers caused by previous projects.

More coverage from David O. Williams writing for the Colorado Independent. From the article:

Commissioners were generally still worried about the “unintended consequences for the Upper Colorado, Fraser and Williams Fork rivers” but felt the revised mitigation plans – including greater temperature and flow protections for aquatic life, more funding for river restoration and a contingency fund for unanticipated impacts – were a lot better than previous plans. “It has always been Denver Water’s goal to go beyond mitigating the project impacts to make the river better than it is today,” Denver Water’s director of planning Dave Little said: “We look forward to working with stakeholders on mitigation for the project and the significant enhancement plan also accepted by the Commission that will improve aquatic habitat in the Upper Colorado River Basin.”

The fish and wildlife mitigation plans still must be approved by federal regulators. Also on Thursday, Denver Water provided a statement on the U.S. Bureau of Reclamation report that includes one scenario in which water levels in the Colorado River decrease by 10 to 20 percent by the middle of this century as a result of global climate change.

More Moffat Collection System Project coverage here and here.

More Windy Gap coverage here and here.

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Here’s the release from the Colorado Division of Wildlife:

Colorado Wildlife Commissioners heard a day of presentations and testimony Friday as they continued to evaluate draft plans to mitigate impacts to fish and wildlife resources submitted by proponents of two major transmountain diversion projects.

The public hearing came midway through the Commission’s 60-day review of mitigation and enhancement plans pertaining to Denver Water’s Moffat Collection System project and the Northern Colorado Water Conservancy District’s Windy Gap Firming project. The meeting was held at the Hampton Inn and Suites on Highway 50 in Salida.

Wildlife Commission Chairman Tim Glenn said he was encouraged that Denver and Northern had incorporated additional changes to their draft plans based on public input during the past several months.

“Denver Water and Northern have listened to the concerns about impacts to fish and wildlife in the Upper Colorado River system and improved their plans in response,” Glenn said. “I think everyone’s focus is the health of these rivers and we look forward to continuing these discussions through staff during the next month.”

Ken Kehmeier, a senior aquatic biologist with the Division, presented staff’s analysis of Denver’s and Northern’s plans for mitigating impacts from the proposed projects as well as enhancing existing conditions on the impacted streams and rivers.

Following staff and public testimony, Commissioners asked for additional information about whether the mitigation plans were sufficient to protect cool water temperatures in the headwaters of the Colorado and Fraser River systems.

They questioned whether flushing flows would be adequate to rejuvenate cobble beds important for trout spawning and trout forage that have been degraded by previous water development. Commissioners said that they would like to see additional funding to help restore healthy river conditions and a legally binding agreement to ensure restoration would occur. They also suggested the Division should have an integral role in developing and managing restoration projects through the adaptive management process known as Learning by Doing.

Denver Water’s Moffat Collection System Project is designed to firm up the yield from its existing water rights on the West Slope, primarily by enlarging Boulder’s Gross Reservoir and diverting additional water from the Fraser, Williams Fork and Blue rivers.

Northern’s Windy Gap Firming Project is proposing to firm up the yield from its existing water rights in the Upper Colorado River by diverting additional water to the proposed new Chimney Hollow Reservoir west of Loveland.

In addition to the Commission’s fish and wildlife mitigation plan process, Denver Water recently announced it had reached a complex legal settlement with Grand County and 33 other groups regarding longstanding concerns about the health of the Colorado River that includes funding for aquatic habitat and development of the Learn by Doing process.

The Wildlife Commission is scheduled to make a final recommendation on the adequacy of the mitigation plans at its June meeting in Grand Junction.

“Healthy river systems are critically important to the future of this state,” Glenn said. “The Commission’s review of these projects has been lengthy and we greatly appreciate all of the input we have received on how we can best fix the river. Water projects like this have to be done right if we’re going to have healthy wildlife and a healthy tourism economy.”

Additional information regarding the Wildlife Commission’s review, including links to DOW staff evaluations of the mitigation and enhancement plans being offered by Denver Water and Northern, can be found on the Division’s web site at: http://wildlife.state.co.us/LandWater/Water/MoffatWindyGapMitigationProjects/.

More coverage from Bruce Willoughby writing for The Denver Post. From the article:

The commission dedicated the day solely to public commentary on two controversial transmountain water diversion projects proposed for Colorado River headwaters, and river advocates crammed the docket with impassioned pleas for assurance that the projects won’t decimate fragile fisheries such as the Fraser River, Williams Fork, Blue River and the Upper Colorado itself. They came away with none…

Representatives from Grand County, Trout Unlimited, Northwest Colorado Council of Governments, Colorado River Landowners and Western Resource Advocates expressed concerns over the proposals by the Northern Colorado Water Conservancy District to annually draw thousands of acre-feet more water from Windy Gap Reservoir for Front Range storage and by Denver Water to increase diversions through the Moffat Tunnel to an enlarged Gross Reservoir near Boulder…

“I see dead brown trout on the bank every year in August because the water temperatures are too high,” said rancher Ron Jones, whose Fraser River frontage merits Gold Medal designation. “If they want to take the water, then they should put the money into doing what it takes to protect the rivers.”

It’s an interesting perspective — putting the health of the rivers ahead of the perceived need for more water elsewhere. There is some money on the table dedicated to enhancement of a portion of the Colorado, but consensus holds that it’s not nearly enough. And as currently proposed, many mitigation measures are conditional upon the volume of water already diverted and stored in East Slope reservoirs, not necessarily what’s happening in the rivers it’s being drawn from.

The Wildlife Commission, meanwhile, finds itself in the compromising position of attempting to address flaws it has identified in the proposals and finding a way to enforce its stance in the next month. After that, the Colorado Water Conservation Board will have 60 days to affirm or modify the commission’s recommendation as the state’s official position.

More Colorado River basin coverage here.

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From The Pueblo Chieftain (Chris Woodka):

“A change to a water right has become a suicide mission and hamstrings these types of agreements,” [Eric Kuhn, executive director of the Colorado River Conservation District] said at last week’s Interbasin Compact Committee. His comments brought a chorus of agreement, and talk of how to implement flexibility and creativity in water rights among others around the table.

Actually, the state has spent months talking with the negotiators about the kinds of things that might be acceptable in guaranteeing flows, State Engineer Dick Wolfe said this week. “We’ve looked at the agreement in order to talk about implementation,” Wolfe said. “We went through a process to identify flexibility in existing laws.”[...]

There are five separate agreements with state and federal agencies that have to be reached in order to implement the Colorado River Cooperative Agreement. State provisions include a Blue River consent decree from Division 5 Water Court in Summit County, agreement on delivery of consumptive flows from Denver in Grand County, and an agreement on environmental flows. Agreements with the Bureau of Reclamation must be reach on the Shoshone power plant and for Green Mountain Reservoir operations…

“We push to have them take it to water court,” Wolfe said. “It minimizes what a future state engineer or division engineer may decide.” While court decrees are paramount, the state engineer can administer contracts between water users, and can also shepherd state in-stream flow rights (which can only be held by the Colorado Water Conservation Board) to meet flow demands. Water court case filings serve to notify other water users if changes are being contemplated.

More Colorado River Cooperative Agreement coverage here.

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