Restoration: CPW reintroduces cutthroats to Woods Lake

From The Telluride Daily Planet (Collin McRann):

Colorado Parks and Wildlife stocked the lake with 250 cutthroat trout last week as part of an ongoing project to restore the species to its native habitat. Transporting the fish was done via horseback and truck from a small stream on the Uncompahgre Plateau the same day. The cutthroat will take around two years to create a sustainable population in their new home, according to CPW. The reintroduction plan ultimately calls for more than 2,000 fish to be stocked into the lake and its surrounding tributaries — the next stocking is planned for the spring of 2013. “We’ll do [the spring relocation] to give us multiple age classes of fish and to provide good genetic diversity,” said Dan Kowalski, an aquatic researcher with Parks and Wildlife in Montrose, in a release.

The 24-acre lake is located off of Forest Service Road 618 west of Telluride and was chosen for a number of reasons — mainly its pristine condition and remote location. But its natural barriers also prevent non-native species from gaining access…

In Colorado, there are three species of cutthroat trout in different regions of the state. Colorado River cutthroat trout live in drainages west of the continental divide, Greenback cutthroat trout are in the South Platte and Arkansas River drainages, and the Rio Grande cutthroat trout are found in streams draining into the San Luis Valley, according to Parks and Wildlife.

Efforts to restore the species have been ongoing since the early 1970s, when Greenback trout was listed as endangered. Greenbacks currently have a lesser-threatened classification.

According to Parks and Wildlife, another cutthroat restoration project is ongoing in the upper Hermosa Creek drainage near the Durango Mountain Resort in San Juan County. When that project is completed in about five years, more than 20 miles of Hermosa Creek and feeder streams will be home to native cutthroats.

More restoration coverage here and here.

Public Scoping Continues on Paradox Valley Salinity Control Projects, meetings September 25, 26 and 27

Here’s the release from the U.S. Bureau of Reclamation (Terry Stroh/Justyn Hock):

Reclamation announced today that it will hold three public scoping meetings to solicit public input on a planning report and environmental impact statement concerning the Paradox Valley Salinity Control Unit, located near Bedrock, Colo. The meetings will be held:

Tuesday, September 25, 2012 at 6:00 p.m. – Paradox, Colo., Paradox Valley School, 21501 6 Mile Road

Wednesday, September 26, 2012 at 7:00 p.m. – Montrose, Colo., Holiday Inn Express, 1391 S Townsend Ave.

Thursday, September 27, 2012 at 7:00 p.m. – Grand Junction, Colo., Colorado Mesa University, Student Center, 1100 North Ave., Room 221

Historically, the Dolores River picked up an estimated 205,000 tons of salt annually as it passed through the Paradox Valley. Since the mid-1990′s much of this salt has been collected by the Paradox Valley Salinity Control Unit in shallow wells along the Dolores River and then injected into deep subsurface geologic formations. The deep well injection program has removed about 110,000 tons of salt annually from the Dolores and Colorado rivers.

The current deep injection well is projected to reach the end of its useful life in three to five years under current operations. Reclamation is seeking public input to identify and evaluate brine disposal alternatives to replace or supplement the existing brine injection well. Initial alternatives include developing a new injection well and using evaporation ponds.

The project will be described and questions will be answered at the meetings; comments may be provided at the scoping meeting, emailed to tstroh@usbr.gov or mailed to Bureau of Reclamation, 2764 Compass Drive, Suite 106, Grand Junction CO 81506 by November 26, 2012.

More coverage from Gus Jarvis writing for The Telluride Watch. From the article:

The deep brine injection well is projected to reach the end of its useful life in three to five years under current operation, and the Bureau of Reclamation is seeking public comments to identify and evaluate brine disposal alternatives to replace or supplement the existing well. Initial alternatives include developing a new injection well or using evaporation ponds.

Installed in the mid-1990s, the Paradox Valley Salinity Control Unit has removed an estimated 110,000 tons of salt annually from the Dolores River as its waters passed through the Paradox Valley. Much of the salt is collected in shallow wells along the river and then injected deep into subsurface geologic formations.

“From our perspective, this has worked really well,” Bureau of Reclamation public relations specialist Justyn Hock said in an interview last week. “It makes a big impact in reducing the salt content in the river and improves the water quality downstream.”

Since the unit is nearing the end of its lifespan, Hock says the agency is beginning to contemplate its options on how to move forward with a similar injection unit or something completely different altogether.

“This is a unique project and we have been doing this for a while and its worked great,” she said. “Before we decide to do a new project, we are going to make sure this is still the best way to do it or find out if there is a better way. Two of the options we have right now are installing a new well or building evaporation ponds. We are open to other options if people have ideas.”

More Dolores River Watershed coverage here and here.

Colorado Water Quality Control Commission: Three Dolores River Watershed creeks get ‘outstanding water’ designation

I believe cutthroats were seen doing backflips celebrating the news. Here’s a report from Caleb Soptelean writing for the Cortez Journal. From the article:

The Little Taylor, Rio Lado and Spring Creek drainages were selected for protection because they contain Colorado River cutthroat trout. The decision was made on Tuesday, Sept. 11 by the Colorado Water Quality Control Commission.

The Dolores River Anglers were the “movers and shakers” behind the effort…

The Dolores River Anglers notified Parks and Wildlife of the existence of the trout between Dolores and Rico north of Highway 145, said Burkett, who worked with Chuck Wanner on the application. The state agency is taking fry from the creeks and using them for brood stock since they are such a pure strain, [Chris Burkett] said…

The state has given 15 creeks and their tributaries the “outstanding water” designation since 2006, according to Anthony. The largest of these are Hermosa and Rapid creeks. These do not include wilderness areas or national parks.

More Dolores River Watershed coverage here and here.

Mancos and Dolores projects update — July end of month status

From Reclamation via the Cortez Journal:

Jackson Gulch reservoir live content stood at 3,914 acrefeet with a 9,948 acre-feet maximum capacity and a 7,322 acre-feet average (1981-2010) end-of-month content. At Jackson Gulch, a daily maximum/minimum of 52/31 cubic-feet-per second was released into the Mancos River, and 69 acre-feet were released for municipal purposes.

McPhee Reservoir live content stood at 260,582 acre-feet, with a 381,051 acre-feet maximum capacity and a 315,968average (1981-2010) end-of-month content. At McPhee, 4,301 acre-feet were released into the Dolores River, and 42,398 acre-feet were released for trans-basin purposes. At McPhee, a daily maximum/minimum of 71/69 cubic-feet-per-second was released into the Dolores River.

More McPhee Reservoir coverage here. More Jackson Gulch Reservoir coverage here.

The San Miguel County Commissioners alert the CDPHE to four concerns with respect to the proposed Piñon Ridge uranium mill

From The Telluride Daily Planet (Heather Sackett):

The county’s four issues are: Whether the claimed socio-economic benefits of the project would outweigh the negative socio-economic impacts; if the milling and mining would result in the accumulation of airborne radioactive contaminants in the surrounding high mountain basins; if the company would be able to cover the cost of decontamination, decommissioning, reclamation and long term monitoring of the facility and whether the company could protect the public from the hazards of accidents when hauling radioactive yellowcake on Highway 141…

County commissioner Art Goodtimes said air quality is a concern since Telluride and much of San Miguel County is downwind from the proposed mill site. But Goodtimes said the mill itself is not as much of a concern to him as the many mines from which the mill will get its uranium.

“The mill can operate without bringing a large amount of dust into the air, but when you have a lot of different mines, the small outfits may or may not have sufficient controls to control dust,” Goodtimes said. “The regulatory agencies don’t consider that when licensing a mill like this.”

In anticipation of Piñon Ridge becoming operational, the county has begun collecting snow samples from near Alta Lakes, Ophir and Telluride Ski Resort to get baseline data about radioactive particles in the area.

More nuclear coverage here and here.

San Miguel River: Montrose County water rights application heading to trial

From the Montrose Daily Press (Katharhynn Heidelberg):

Montrose County’s stipulation with several objectors in its water rights case has been accepted by District Judge J. Steven Patrick, court records show. A three-day trial remains set, however, as the stipulation did not encompass all 29 objectors to the county’s filing for water rights on the San Miguel River. The Colorado Water Conservation Board in June had filed a statement of opposition, as well as a motion to intervene in the case “due to information that was not in the (water rights) applications, but was revealed in the engineering report,” unclear language, and proposed actions, such as appropriating instream flow and recreational in-channel diversions, that were not listed in the application.

More San Miguel River watershed coverage here and here.

San Miguel River: Montrose County water rights application amended, some objectors remain

From The Telluride Daily Planet (Katie Klingsporn):

The agreement, which was also signed by the Town of Telluride, allows Montrose County far fewer water rights — both in volume and the ability to build reservoirs — than it originally applied for. The agreement mandates that the county drop its claims for the Marie Scott Reservoir and other facilities, which were proposed to be constructed near Specie and Beaver mesas, and forces Montrose County to select, within six years, one or two of the remaining four proposed new reservoirs to develop and abandon the others. It subjects all the water rights to volumetric restrictions of 3,200 acre-feet, and subjects the county to what are known as need-based reality checks. Under this measure, Montrose County is given a period of time to demonstrate that the predictions it had to justify the water rights applications were valid. If it fails to meet those requirements, its water use limit will be reduced.

The Town of Telluride, which was one of the parties that filed in opposition to the county’s application, signed off on the settlement agreement after determining that it sufficiently protects the water in the river. Town Attorney Kevin Geiger said the town will likely send the judge a fully executed stipulation and proposed decree this week to consider entering as an order to the court…

Montrose County Commissioner Gary Ellis, meanwhile, said he is happy with the settlement. He feels the agreement is a fair and realistic settlement that provides the county enough water to meet its needs…

Not everyone has given it the OK, however. The Colorado Water Conservation Board and Colorado Division of Water Resources remain as objectors; Montrose County Attorney Bob Hill told the Montrose Daily Press this week that the county is working out some details with them. And Telluride-based environmental organization Sheep Mountain Alliance dropped out of the settlement agreement to preserve its right to challenge Montrose County in the future…

Montrose County filed the six applications for water rights in the San Miguel River and its tributaries in 2010. It filed the applications in a bid to get ahead of a planned Colorado Water Conservation Board instream flow water rights application, which aims at ensuring minimum flows in the waterway to protect aquatic habitat, and cited a need to supply future industrial, residential and commercial development, including a golf course, uranium milling activity and an anticipated population growth.

In its filings, Montrose County sought to adjudicate diversions of more than four cubic feet per second, six separate reservoirs and reservoir enlargements with a capacity of more than 51,000 acre-feet and potential annual diversions of more than 96,000 acre-feet, and water exchanges to facilitate diversions, storage and water delivery, according to Town of Telluride documents.

The filing raised alarms in the river’s watershed; soon, the Town of Telluride filed statements of opposition, joining several other objectors in the case, including Sheep Mountain Alliance, the owner of Gateway Resorts, San Miguel County and private landowners in the region.

More San Miguel River watershed coverage here and here.

New public hearing for the proposed Piñon Ridge uranium mill

From the Telluride Watch (Gus Jarvis):

In a ruling issued June 13, Judge John McMullen ruled the Colorado Department of Public Health and Environment’s initial issuance of the radioactive materials license was unlawful because a formal, adjudicatory hearing was not properly provided. McMullen ordered a new hearing, which will begin on Oct. 15. At that time exhibits will be offered for admission and written testimony will be filed in order to provide an opportunity for parties to cross-examine expert witnesses.

Public comment will not be received at the Oct. 15 hearing, but the hearing officer will determine when public comment will be received when the hearing is reconvened on Nov. 7, in Nucla.

Energy Fuels spokesman Curtis Moore said the upcoming public hearing will be different from the public-comment setting of the previous hearing in that it will be more like a trial.

More nuclear coverage here and here.

Restoration: Woods Lake fish are going to get a dose of Rotenone to pave the way for expanded cutthroat habitat

From The Telluride Daily Planet (Collin McRann):

Over the past year, the lake and its tributaries — located off of Forest Service Road 618 west of Telluride — have been the subject of a Colorado Parks and Wildlife project to eliminate non-native trout, mainly brookies and browns, to make way for native cutthroats. Though the project was supposed to be complete by this summer, an assessment revealed brooke trout are still living the lake.

“Last year we treated the lake and tributaries and then they went back this summer, and we found mainly young of the year — brooke trout,” said John Alves, a Senior aquatic biologist with Colorado Parks and Wildlife. “It looks like some of them might have spawned before we got the project going last year, so there’s some that we have to go hit again this year, that’s going to happen next week.” The lake will be treated Aug. 14-16 with a chemical called Rotenone. Alves said the treatment will focus on areas of the lake where the brooke trout were found.

Another assessment will be done after the treatment via electro fishing and gill netting. If it is then determined the lake is ready for a transplant of cutthroat, the fish could be transported into the area as soon as this fall. If not, the lake will be left barren until next year…

The transplant will involve at least 2,000 cutthroats a year, which will be taken from different brood stocks and hatcheries around the state. Though no specific source for the fish has been determined, Alves said Kelso Creek in the Uncompahgre National Forest is a likely candidate.

More restoration/reclamation coverage here and here.

Telluride: Engineering report rates the town’s water system as ‘poor’ and the sewer system as ‘fair’

From the Telluride Daily Planet (Katie Klingsporn):

Engineers from Farnsworth Group presented a review of Telluride’s water and sewer systems to the Telluride Town Council on Tuesday. In their assessment, Engineers Xuehua Bai and Eric Garner reviewed the health of miles of the town’s pipeline based on factors like age and material of the pipe, assigned scores to segments of the system and gave overall ratings. Based on their data, they concluded that the overall rating of the town’s municipal water system is poor, while the sewer system fared better with a rating of fair.

The town’s municipal water system is fed by Mill Creek, and includes the treatment plant at Mill Creek, a backup source at Stillwell Tunnel, three storage tanks and 19.6 miles of pipeline…

The Farnsworth Group concluded that the town needs to replace 14,000 feet of its water pipelines, or 13.6 percent of the total water line. The cost is estimated to be about $1.6 million, although that estimate is based on 2011 prices.

In the sewer system, meanwhile, the engineers identified 5,200 feet of pipeline, or 4.2 percent of the overall sewer line, that needs to be replaced, at a cost of $660,000.

More infrastructure coverage here.

Piñon Ridge Mill: New hearing for proposed mill license to take place in November

From the Summit County Citizens Voice (Bob Berwyn):

The new hearing was scheduled after Denver District Court Judge John McMullen ruled in June that the state’s previous review process was unlawful. Conservation groups and community activists and towns in the area have repeatedly expressed concerns about potential impacts to air and water quality from the proposed mill…

Following the court’s ruling, the parties in the lawsuit negotiated the terms of the formal hearing process, which will allow the public to provide oral or written comments and also allow other organizations and individuals to enter the proceedings more formally with the right to submit evidence and testimony and cross-examine witnesses. The proceeding will be conducted by an independent hearing officer. Under the negotiated agreement, the state will be required to consider all new information before making a decision on whether to grant a new license to Energy Fuels. The final deadline for the licensing decision is April 27, 2013…

The hearing will be held between Nov. 7 and 13, 2012, and a day has been set aside during that week to take public comment, providing the first meaningful opportunity to have the public’s opinions considered in the state process, according to Travis Stills, the attorney representing Sheep Mountain Alliance.

To begin the formal process, CDPHE will issue a public notice on Aug. 7. The public notice will identify the hearing officer for the proceedings, the specific location of the hearing and provide a deadline for interested organizations and individuals to file for formal party status.

More nuclear coverage here and here.

McPhee and Jackson Gulch reservoirs status

From the U.S. Bureau of Reclamation via the Cortez Journal:

Jackson Gulch reservoir live content stood at 6,020 acre-feet with a 9,948 acre-feet maximum capacity and a 9,014 acre-feet average (1981-2010) end-of-month content. At Jackson Gulch, a daily maximum/minimum of 76/51 cubic-feet-per second was released into the Mancos River, and 88 acre-feet were released for municipal purposes.

McPhee Reservoir live content stood at 299,646 acre-feet, with a 381,051 acre-feet maximum capacity and a 343,394 average (1981-2010) end-of-month content. At McPhee, 4,120 acre-feet were released into the Dolores River, and 45,079 acre-feet were released for trans-basin purposes. At McPhee, a daily maximum/minimum of 70/57 cubic-feet-per-second was released into the Dolores River.

Questions can be directed to the Southern Water Management Group, Resource Management Division of the Western Colorado Area Office, Durango.

More Dolores River Watershed coverage here. More Mancos River Watershed coverage here.

Illegal Stocking Hits Miramonte Trout Fishery: Rotenone to the rescue

Here’s the release from Colorado Parks and Wildlife:

Colorado Parks and Wildlife is planning to take action to eradicate smallmouth bass at Miramonte Reservoir where they’ve become established after being stocked illegally.

The agency will utilize an organic pesticide to kill all the fish in the reservoir and then rebuild this renowned trout fishery that attracts anglers from throughout the West. The operation is tentatively scheduled to occur in late summer or fall of 2013.

In the meantime, Parks and Wildlife is implementing an emergency order that removes all bag and possession limits on smallmouth bass at Miramonte Reservoir.

“Killing all the fish in the reservoir lake is something we wish we didn’t have to do, but we know we must,” said Renzo DelPiccolo, area wildlife manager in Montrose. “People who illegally move fish into lakes, ponds and rivers are not only committing a criminal act, they are endangering native species, stealing a resource and recreational opportunity from thousands of anglers and negatively impacting the local community.”

Miramonte Reservoir is located in San Miguel County about 10 miles south of Norwood in western Colorado. The reservoir is one of the most productive still-water trout fisheries in the state and people travel from throughout the West to catch the rainbow and brown trout that regularly grow to quality size. The lake is also a popular destination for crayfish enthusiasts. Miramonte accounts for about 20,000 angler days every year which contribute $1.5 million to the economy of San Miguel County.

Miramonte is a very productive reservoir, allowing Parks and Wildlife to stock thousands of fingerling trout every year. The trout grow quickly and reach quality size within two years.

“This reservoir is managed as a put and grow trout fishery and that management strategy will not change,” explained John Alves, senior aquatic biologist for the southwest region for Colorado Parks and Wildlife. “Under this management strategy we can provide an excellent angling opportunity at a low cost to anglers.”

Smallmouth bass, which are a warm-water predator fish, were illegally stocked in the reservoir sometime before 2011 and reproduction has been documented. A recent survey showed that in one year smallmouth bass have increased in abundance from 5 percent to 44 percent of the fish in the reservoir.

“The bass are now a top predator in the lake. They compete with trout for food and space, and consume trout and crayfish,” Alves said. “If left alone, the bass could eventually devastate Miramonte as a trout fishery. Furthermore the habitat, prey base and water temperature will not support a quality bass fishery in the long term. So, once an illegally stocked fish population has become established, the only recourse is to start over by using a fish pesticide to kill all the fish in a lake.”

In addition to impacting a renowned sport fishery, the smallmouth bass also pose a threat to native fish downstream. An agreement between the state of Colorado, U.S. Fish and Wildlife Service and neighboring states restricts stocking of non-native warm water fish without a permit because of the danger they pose to native and endangered fish.

Miramonte Reservoir is located above the San Miguel and Dolores rivers which support important populations of three native fish species that biologists are working to protect: the roundtail chub, the bluehead sucker and the flannelmouth sucker. These native fish are found only in desert rivers of the western United States. Changes in the river system such as dams, pollution, water withdrawals and competition from non-native species have caused these fish to decline in range and numbers.

“Native species are needed to help maintain the natural health and balance of any ecosystem. If a species is lost, that affects the health of other plants and animals, and changes a natural ecosystem forever,” Alves said.

CPW aims to maintain healthy native fish populations not only for the benefit of native ecosystems and the people of Colorado, but also to prevent unwanted federal management of these species under the Endangered Species Act.

“Illegal stocking carries serious consequences that can have long-lasting negative effects on local communities,” DelPiccolo said.

Draining and treating a reservoir is also expensive and takes money away from other important aquatic habitat projects. The Miramonte operation will cost more than $100,000, not including staff time. The reservoir will be drawn down to a small pool and the chemical Rotenone will be applied to the remaining water and feeder streams to kill all the fish. Rotenone breaks down quickly in the environment and poses no threat to vegetation or non-aquatic species. Biologists will restock the lake with fish as soon as the pesticide has dissipated.

Anyone who has information about illegal fish stocking at Miramonte Reservoir or at any other water in Colorado should contact the Parks and Wildlife office in Montrose at 970-252-6000, or call Operation Game Thief at 1-877-265-6648. Tips can be made anonymously and cash rewards are possible.

For more information about fisheries management in Colorado and aquatic nuisance species, see: http://wildlife.state.co.us/FISHING/Pages/Fishing.aspx.

More restoration coverage here and here.

Plateau Creek: The Dolores Water Conservancy District is moving on a pumpback hydroelectric project

From the Cortez Journal (Kimberly Benedict):

The paperwork filed by the local water district is a competing proposal, a response to a similar application filed by Bellevue, Wash., engineering firm INCA Engineers. DWCD’s permit application, filed on May 10, seeks “municipal preference” for feasibility studies over the out-of-state company, which filed application paperwork with FERC on Nov. 30, 2011.

DWCD hopes its historic water rights and involvement in local water issues will win the day when permits are awarded, according to district manager Mike Preston. “DWCD holds the water rights on McPhee and certainly Plateau Creek is a tributary to McPhee Reservoir,” Preston said. “We want to maintain local control over this issue. We believe we have municipal preference because we are what is call a municipal provider, and we think we are very likely to be granted the permit.”

The local water conservancy district already operates two hydropower plants owned by the Bureau of Reclamation, Preston said.

More hydroelectric coverage here and here.

Telluride water system update: Raw water pipeline construction has started

From The Telluride Watch (Gus Jarvis):

Telluride Town Attorney Kevin Geiger was happy to report last week that work on the raw water pipeline near the Bridal Veil Hydroelectric Power Plant has commenced, and once completed it will be the final piece of pipeline infrastructure needed to transport fresh water from Blue Lake, above Bridal Veil Falls, down to the two-acre site below the falls where the Pandora Water Treatment Facility will be located.

Crews will install a new horizontal water pipeline along with new trestles about 250 feet away from the Bridal Veil plant and then install vertical pipe that will transport the water to the bottom of a cliff. At that point, the line will be connected to a raw water pipeline that was installed last summer, just below Black Bear Pass Road, that runs to the water treatment facility site.

While the water pipeline infrastructure inches toward completion, Geiger said construction of the actual water treatment plant will start soon, as well.

“Most of the infrastructure is in from Blue Lake to the power house,” Geiger said. “A little segment, which will be difficult and challenging, needs to be completed and then actual construction of the water treatment plant needs to be completed. We think we will be breaking ground on that later this summer or fall.”

More infrastructure coverage here.

The San Miguel Power Association inks deal to buy power generated by the drop at Bridal Vail falls #CORiver

From The Telluride Watch:

As of May 1, SMPA will buy the hydroelectric energy produced at the Smuggler-Union Hydroelectric Power Plant previously purchased by Colorado’s investor-owned Xcel Energy.

The 500-kilowatt plant will generate approximately 2,000 megawatt hours a year – enough electricity to power about 2,000 average American homes, according to SMPA.

“We’re very excited to bring this power back to our local members,” said SMPA General Manager Kevin Ritter. “Telluride has a rich hydro-electric tradition, but up until now we weren’t able to keep that power local.”

The Bridal Veil Hydro Plant is one of the nation’s oldest hydroelectric facilities. It was constructed in the late 1800s to supply power to a Smuggler-Union Mine. It sits atop at 400-foot cliff overlooking Telluride. The water source for the power plant originates at Blue Lakes and eventually tumbles over the cliff as Bridal Veil Falls.

More hydroelectric coverage here and here.

San Juan Mountains: Acid rock drainage predated mining activity by millennia, mining made it worse

From The Telluride Watch (Peter Shelton):

The report, titled “Natural Acid Rock Drainage Associated with Hydrothermally Altered Terrane in Colorado,” was recently given an award by the Geological Society of America as the best environmental publication of 2011. The report identifies a number of high-country streams in Colorado, including Red Mountain Creek, where surface water is acidic and has high concentrations of metals upstream of historic mining.

“Of course, the mining made it much, much worse,” commented Don Paulson, a former chemistry professor who is now curator of the Ouray County Historical Museum. Paulson has followed efforts to identify sources of stream pollution and the remedial measures undertaken to improve water quality in the Uncompahgre River and its tributaries.

There was a big push to clean up the water affected by mine waste (and the role it plays in the inability of high country waterways to support aquatic life) in the 1980s. At that time the Colorado Department of Health (now Colorado Department of Public Health and Environment) first sued under the Superfund Act, then negotiated with Idarado Mining and its parent company, Newmont Mining, substantial cleanups on both the Telluride and Ouray sides of the mountain. The Telluride side saw improvements to the water quality of the Upper San Miguel River. But the acid pH and the levels of zinc and other minerals in Red Mountain Creek has not changed significantly despite Idarado’s remediation in the area of the Treasury Tunnel.

More water pollution coverage here.

San Miguel River: Tri-State and Montrose County approve water deal

From the Montrose Dail Press (Katharhynn Heidelberg):

Monday, commissioners inked an agreement with Tri-State Generation and Transmission Association. The agreement calls for cooperation “in order to further common objectives in appropriating and developing water rights and water resources.” Tri-State withdrew its opposition to the county’s filing on in-stream flow rights on 17 miles of the river. In exchange, the county agreed to provide water to Tri-State, pending need and availability, at a rate to be set by the county. The county moved last year to file its in-stream flow application in advance of the Colorado Water Conservation Board’s application. County officials cite a need to secure water rights on the West End for development and growth.

More San Miguel River watershed coverage here and here.

San Miguel River: Montrose County water rights filing denied as speculative

From the Telluride Watch (Peter Shelton):

District Court Judge J. Steven Patrick issued a summary judgment in favor of plaintiffs/opposers Sheep Mountain Alliance in a case involving water rights on the Johnson Ditch. The county applied for the rights in 2010, it stated, to support industrial and residential growth anticipated to accompany the proposed Piñon Ridge uranium mill. Sheep Mountain’s attorney’s argued that Montrose County’s uses for the water were speculative, and the judge agreed…

In the just-dismissed case, the county had filed on water belonging to the Uravan Water Trust, rights that were held as part of the “decommissioning of milling activities at the [defunct] Uravan mill.” According to court documents, “Upon termination of the Trust, the water rights will be conveyed to the Colorado Water Conservation Board (CWCB).” Montrose County’s filings on the San Miguel River were made, in part, to beat an instream water rights filing by the CWCB to protect habitat and recreational uses on the Lower San Miguel.

Opposers to the Johnson Ditch filing claimed the “applicant must demonstrate . . . that its intent to appropriate is not based upon speculative sale or transfer . . .” And Judge Patrick concluded Monday that Montrose County failed to establish standing to seek the water right and that “the Applicants’ intent in the Johnson Ditch water rights is too speculative as a matter of law to satisfy the ‘can and will’ test.”

From the Montrose Daily Press (Katharhynn Heidelberg):

Montrose County did not establish the standing necessary to secure water rights on the Johnson Ditch, a judge ruled Tuesday, dismissing its 2010 application for those rights…“I think it’s great news,” SMA attorney Jenny Russell said. “I think it supports our claim that Montrose County’s applications are speculative.”

More San Miguel watershed coverage here and here.

Denver District Court rules that the CDPHE must hold an administrative hearing for the proposed Piñon Ridge Mill

From The Telluride Daily Planet (Collin McRann):

The ruling from Judge John N. McMullen dismissed 10 of the environmental, health and safety claims brought against the Colorado Department of Public Heath and Environment concerning the issuance of the materials license. It did, however, determine that the CDPHE failed to offer the opportunity to the public to request a public hearing before it issued the environmental report and draft license for the project to Canadian company Energy Fuels, Inc. The ruling mandates that that such hearing take place.

The claims were first filed in Denver’s district court in February 2011 by Telluride-based Sheep Mountain Alliance; the Towns of Telluride and Ophir later joined the suit. Opponents challenged the CDPHE’s decision to issue the license on the basis that it violated certain federal Atomic Energy Act rules by not allowing required vetting opportunities by the public, among other things.

Energy Fuels and the CDPHE, meanwhile, countered that they performed a rigorous and exhaustive review process, went through all the steps required of them and included the public.

The case has been in court for months now, with final responses filed late this winter.

“It’s not 100 percent of what we wanted, but it’s 95 percent of what we wanted,” said Curtis Moore, director of communications and legal affairs for Energy Fuels. “So we’ll keep moving forward.”

Though nothing has been scheduled, the hearing must be held by the CDPHE within 75 days of July 5. During the hearings, both sides will be given time to present their arguments and even cross examine each other.

As of late this week, SMA project coordinator Jennifer Thurston said the group’s lawyers were reviewing the 20-page court ruling. However, she said the SMA is looking forward to the hearings.

More nuclear coverage here and here.

Judge John N. McMullen tells the CDPHE that it’s time for a do-over on the radioactive license for the proposed Piñon Ridge Mill

The Sheep Mountain Alliance (@sheepmtn) sent out this tweet yesterday morning:

Victory for @sheepmtn in our lawsuit to stop the Piñon Ridge #Uranium Mill

They were kind enough to link to the judge’s order on Scribd. Here’s an excerpt:

The Court, having found unlawful CDPHE’s action in issuing the License, sets aside that action, invalidates the License, and remands the case for further proceedings consistent with this Order

From the Montrose Daily Press:

The CDPHE has been ordered to convene a hearing within 75 days of July 5, and to notice that hearing. “This hearing will be a substitute for the Feb. 17, 2010 public meeting,” the ruling says. The CDPHE must remake its licensing decision by following statutory procedures. The body has 270 days from July 5 to approve or deny Energy Fuels’ application. Until such decision is made “Energy Fuels Resources may not proceed with any activity on the site formerly permitted by the license.”

The company, can, however, take reasonable action to protect the public and the environment, and to prevent economic waste as long as doing so does not endanger the public or environment. Such actions have to be taken under the supervision of the CDPHE.

From the Summit County Citizens Voice (Bob Berwyn):

Judge John N. McMullen ruled June 13 that the Colorado Department of Public Health and Environment erred by issuing the license to Energy Fuels without public hearings required under the regulatory process.
Pinon Ridge would be the first new rock-crushing uranium mill to be built in the U.S. in 25 years. Communities in the area said they were concerned that lapses in state’s approval process prevented a thorough evaluation of potential and water quality impacts. “We asked for an opportunity to have meaningful public participation and we got it,” said attorney Richard Webster, who represented the towns of Telluride and Ophir in the lawsuit.

Another concern for the towns was the issue of bonding against potential future cleanup costs, as well as the spread of pollution from radioactive dust, Webster said, adding that the lawsuit focused on the regulatory process rather than those substantive issues.

Federal nuclear regulators appeared to agree with the local challenges. In a March 6 letter to environmental attorney Jeff Parsons, the Nuclear Regulatory Commission also said that the state didn’t fully meet legal requirements for public involvement.

From the Denver Business Journal (Neil Westergaard):

Denver District Court Judge John McMullen on Wednesday invalidated the mill’s license, citing the Colorado Department of Public Health and Environment for not following state and federal rules guaranteeing public input into the licensing process. McMullen, however, upheld the department in all of the other claims brought in the case by Public Justice, a Washington, D.C.-based public interest law firm, that acted on behalf of the towns of Telluride and Ophir…

The health department reserved comment, but in a statement, noted that the court ruled in the department’s favor in 10 of the 11 issues before it in the case. “The court ruled against the department only on the 11th claim, based upon a conflict in the Colorado Radiation Control Act and state radiation regulations,” the department said in its statement. “In doing so, the court rejected all arguments about how to reconcile the conflict and instead fashioned its own remedy. The court also rejected the plaintiff’s claim, raised for the first time in the plaintiff’s opening brief, that the department’s administrative record filed with the court was defective…

Energy Fuels said last year that it expects to spend $140 million reopening the uranium mill. The mill would employ about 85 people. Another 200 would work at the company’s two uranium mines in Colorado and Utah, which already have been permitted.

More nuclear coverage here and here.

Cortez: Colorado Water 2012 events include a tour of the water treatment plant

From the City of Cortez:

Through a statewide program called Colorado Water 2012, the Cortez Public Library, in partnership with the Colorado Foundation for Water Education, The Colorado State Library, the Dolores Water Conservancy District and the Cortez Water Plant are offering this educational opportunity to learn about state and local water. At 10:00 AM on June 28th, there will be a presentation by Mike Preston, of the Dolores Water

Conservancy District and Don Magnuson of Montezuma Valley Irrigation at the overlook at the end of the McPhee campground. Last, on the same day at 1:00 PM, there will be a tour of the Cortez Water Plant, hosted by Bruce Smart. Maps and directions are available at the Library.

More Colorado Water 2012 coverage here.

Norwood and Montrose County are closing in on an IGA to develop a 50 year water supply

From The Norwood Post (Ellen Metrick):

In other town business, the Town of Norwood Board of Trustees, in a joint meeting with the Norwood Water Commission (NWC) on May 1, agreed to support the NWC in entering an inter-governmental agreement (IGA) with Montrose County. The motion passed unanimously with four of the five trustees present. The Water Commission, also with a unanimous vote, also with four of its five members present, to enter into the IGA with Montrose County “to enable both parties to work together to secure a 50-year water supply plan,” according to the meeting minutes.

For more town information, agendas, town calendar, and other documents, visit http://www.norwoodtown.com, or stop by Town Hall on Naturita Street.

More San Miguel River watershed coverage here.

The Dolores River below McPhee is part of Interior’s ‘America’s Great Outdoors Highlighted River Projects’

Here’s the link to the Department of Interior’s America’s Great Outdoors Highlighted River Projects webpage. Here’s the link to the Dolores River release. Here’s an excerpt:

The Dolores River Partnership was formed in 2008 and is a two state, citizen driven partnership with the goal of restoring approximately 200 miles of the Dolores River from McPhee Reservoir to its confluence with the Colorado River in Utah. Project goals include improving public safety, the removal of tamarisk and other noxious weeds, improving fish habitat, the development of education and stewardship opportunities, and expanding opportunities for youth employment.

This citizen driven project is focused on restoring riparian vegetation through the removal of tamarisk and other invasive species along the Dolores River and the planting of native cottonwoods and willows. Youth groups will assist with invasive species control and native species planting. Tamarisk removal and native vegetation plantings will reduce the risk of wildfire, increase in-stream water flows, and improve stream bank stability thus improving habitat conditions for native fish species.

Thanks to KUNC (Emily Boyer) for the heads up.

More Dolores River watershed coverage here and here.

McPhee Reservoir operations update:

From the Cortez Journal (Reid Wright):

“Everybody can rest assured that we’re going to meet all our allocations this year,” said Mike Preston, manager of the Dolores Water Conservancy District. Due to a good amount of water being stored from last year, Preston is confident there will be enough water for irrigation, drinking and industrial use this year.

Now the focus is shifting to the coming winter and the 2013 water year. Preston said a below average winter this year could lead to shortages next year. An average winter this year would barely meet allocations, while an above average winter would be required for a whitewater boating spill on the lower Dolores River…

As of Thursday, the reservoir elevation stood at nearly 6,915 feet, compared to a full elevation of 6,924 feet. This translates to 190,187 acre feet of active capacity water compared to a maximum active capacity of 229,182 acre feet…

Up-to-date information on reservoir levels, river flows and canal flows is available on DWCD’s website: http://www.doloreswater.com/

More Dolores River watershed coverage here.