Colorado River Basin: Recent study by the Bureau of Reclamation highlights future supply problems #coriver

March 4, 2013

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Here’s a guest column running in The Denver Post, written by Allen Best, that gives an overview of the current state of the Colorado River. Click through and read the whole article. Here’s an excerpt:

Tow icebergs from Alaska? Pilfer from a tributary of the Yellowstone River in Wyoming? Or, even sneak water from the Snake, boring a 6-mile tunnel from a reservoir near Jackson Hole to the Green River? While it’s sure to make Idaho’s spud farmers cranky, it would help Tucson, Los Angeles and that parched paradigm of calculated risk, Las Vegas.

Interior Secretary Ken Salazar and everybody else with a megaphone has carefully branded these ideas as improbable or worse. Only slightly more credible is the idea of a pipeline from the Mississippi River. It could originate near Memphis, traverse 1,040 miles and, if reaching Castle Rock, rise 6,000 feet in elevation. Pumping would require a steady 800 megawatts of electricity, or a little more than what the Comanche 3 power plant in Pueblo produces.

In theory, this 600,000-acre feet of muddy Mississippi would replace diversions from the Colorado River headwaters between Grand Lake and Aspen. Those diversions range between 450,000 and 600,000 acre-feet annually. That would leave the creeks and rivers to the whims of gravity and geography, at least until arriving at Las Vegas and other places with growing thirst.
Cheap water? Not exactly: It would cost $2,400 per acre-foot for this Memphis-flavored sludge, assuming the idea isn’t grounded by protests from barge and riverboat operators. (Sometimes they, too, say they need more water.)

More Colorado River Basin coverage here and here.


Flaming Gorge Task Force: ‘I felt we set the groundwork to move forward’ — Reed Dils

February 15, 2013

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From The Pueblo Chieftain (Chris Woodka):

Colorado still needs to look at projects to bring in new water supplies despite a state water board’s decision last month to put the Flaming Gorge pipeline task force on ice. The Arkansas Basin Roundtable, the main proponent of the task force, still supports dialogue with other state roundtables on the subject and getting the statewide Interbasin Compact Committee to tackle the issue head­-on.

“It’s time we start looking at issues,” said Jeris Danielson, who represents the roundtable on the IBCC. The IBCC has adopted a “four­legged stool” that includes new supply along with identified projects, conservation and agricultural transfers.

The Colorado Water Conservation Board in January voted to suspend funding for the task force, saying the committee was duplicating work assigned to the IBCC. The group began its work in 2011 to determine issues surrounding two proposals to build water pipelines from southwestern Wyoming to Colorado’s Front Range.

“All of us thought the task force made good progress and had some good discussions on tough issues,” said Alan Hamel, who represents the Arkansas River basin on the CWCB. “Their thoughts will be folded into other work the CWCB is doing to move forward new­supply discussions.”

“I think the most important thing we did was establish a list of attributes for what constitutes a good project,” said Betty Konarski, a member of the task force.

“I felt we set the groundwork to move forward,” said Reed Dils, a task force member and former CWCB representative. “If we’re ever going to see another large project in the state, it will take the cooperation of all the roundtables.”

Roundtable Chairman Gary Barber, who also sat on the task force, said the group identified an immediate gap in agricultural water needs, and a municipal gap by 2020. It made no recommendation on whether or not to build a Flaming Gorge pipeline.

Danielson and Jay Winner, the other basin representative on the IBCC, vowed to press the IBCC to more action at its meeting in March.

More Flaming Gorge Task Force coverage here.


A Brief History of the South Platte River Basin

February 10, 2013

Here’s a great use of social media to get the word out about HB12-1278. The YouTube video — produced and directed by Colorado Water Institute, animated by Noah Besser — follows the history of the appropriation and administration of the South Platte River downstream of the mountains.

Good luck implenting HB12-1278 Reagan and team.

Thanks to Coyote Gulch reader Greg from Nebraska for the link.

More South Platte River Basin coverage here and here.


The CWCB plans to roll Flaming Gorge Pipeline analysis in with other IBCC reviews for transmountain diversions #coriver

February 4, 2013

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Here’s an article from last week that deals with the demise of the Flaming Gorge Task Force. It ran in the Grand Junction Daily Sentinel and was written by Gary Harmon.

From The River Blog (Jessie Thomas-Blate):

Last year, American Rivers listed the Green River as #2 on our annual list of America’s Most Endangered Rivers®, due to the potential impact of this pipeline on the river, the recreation economy, and the water supply for the lower Colorado River Basin…

Recently, a coalition of 700 business owners called Protect the Flows commissioned a poll that found 84% of West Slope residents and 52% of metro Denver-area residents oppose building additional water pipelines across the mountains. In fact, 76% of Colorado residents think that the solution lies in using water in smarter and more efficient ways, with less waste…

The Green River is a paddler’s paradise. In May 2012, Steve Markle with O.A.R.S. told us why paddlers love the Green River so much. Then in August, Matt Rice, our Director of Colorado Conservation, told us about his trip fishing the Green, and the big trout, beautiful scenery, and solitude he found there. Finally, Scott Willoughby with the Denver Post gives a description of the river that makes you jealous if you don’t have easy access to this trout oasis (even if you aren’t an avid fisherman!).

It is no wonder so many people care about preserving adequate water flows in the Green River. It not only provides essential water and cash flow for West Slope towns, but also a great adventure for the citizens of Colorado and beyond.

More Flaming Gorge Pipeline coverage here and here.


CWCB halts funding for phase two of Flaming Gorge Task Force

January 31, 2013

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From The Pueblo Chieftain (Chris Woodka):

A decision by the Colorado Water Conservation Board not to fund the second phase of a Flaming Gorge pipeline task force does not affect either project that wants to bring water into the state. The CWCB Tuesday turned down a $100,000 extension of the committee, saying its efforts duplicate the role of the Interbasin Compact Committee. Alan Hamel, of the Arkansas River basin, was the only member of the CWCB who voted in favor of continuing to fund the task force.

“I was surprised,” said Gary Barber, chairman of the Arkansas Basin Roundtable, and a member of the task force. “The state still needs to proceed with water planning, but did not approve our approach for moving forward.”

The task force was formed to identify questions that would face any statewide water project, and from the start said it would not endorse or eliminate either of two proposals to build a Flaming Gorge pipeline.

“This decision sends a clear message that the IBCC needs to step up and do something about new water supply,” said Jay Winner, one of the Arkansas Basin Roundtable’s IBCC representatives.

Environmental groups this week tried to depict the decision as a defeat for Aaron Million’s proposal to build a 500­ mile pipeline from the Green River to Colorado’s Front Range. However, Million claimed last week that the neutral decision by the task force was a win for him. He is working on engineering needed to resume federal consideration of the project.

The Colorado-­Wyoming Coalition also is pursuing its version of a Flaming Gorge pipeline, but is still waiting on Bureau of Reclamation studies to determine if it will move forward, said Eric Hecox of the South Metro Water Supply District.

From the Northern Colorado Business Report (Steve Lynn):

The developer of the proposed Flaming Gorge Pipeline denied Wednesday that the state’s decision to end funding for a group looking at the project would set it back…

Tuesday’s decision to halt funding represented a “critical wound” to the project, Boulder-based Western Resource Advocates said in a statement. Environmentalists oppose the project because they contend it would diminish Green River flows…

Jennifer Gimbel, director of the water board, said the environmentalists’ comments were “misleading.”

The decision “doesn’t reflect the board’s position on the pipeline,” she said. “It doesn’t endorse it; it she said. “It doesn’t endorse it; it doesn’t deny it.”[...]

The task force was formed to study issues surrounding the project, not to decide whether the project should move forward. After completing a report on the pipeline, the task force requested $100,000 to study “new supply projects in general” at Tuesday’s water board meeting, Gimbel said.

However, the Interbasin Compact Committee already is studying potential water supply projects, she said…

Aaron Million, principal of Wyco Power and Water Inc., called environmentalists’ characterization of the decision “grossly inaccurate.” The company has proposed building the pipeline to bring water from Wyoming to the Front Range, including Fort Collins.

“One of the reasons I think the environmental community’s been so vocal is that this project has a lot of merit to it,” said Million, who contends the project would add to Poudre River volume.

From The Salt Lake Tribune (Brett Prettyman):

Charlie Card, northeastern Utah coordinator for Trout Unlimited, says the news from Colorado is good, but he has heard similar news before and knows not to let his guard down when it comes to water in the West.

“Million said about a year ago that in two years he would be ready to submit another proposal and there is another group out of Parker, Colorado, that has asked the Bureau of Reclamation specifically to give them the actual number of acre-feet of water that is available,” Card said. “The report from Colorado is nice, but the threat is far from over.”

Numerous recreational and financial impacts from proposed pipelines pumping water out of Flaming Gorge Reservoir, which sits on the Utah/Wyoming border, or the Green River above it have been revealed by Trout Unlimited and other concerned groups.

Among them:

• Wide fluctuations of water levels at Flaming Gorge would create ideal conditions for noxious weeds along the shore, affecting waterfowl, mule deer, pronghorn, bighorn sheep, sage grouse and other species. Open shorelines may become inaccessible for recreation.

• Diminished flows on the Green River below the dam will affect species of concern like the northern river otter, bald eagle, peregrine falcon, osprey, Lewis’ woodpecker, southern willow flycatcher and yellow-billed cuckoo.

• A reduction of flows into the reservoir will inhibit recommended flow levels out of the dam. The recommendations were agreed upon by multiple agencies to benefit endangered fish (razorback sucker, Colorado pikeminnow, humpback chub and bonytail) in the Green River.

• The main sport fish of Flaming Gorge — kokanee salmon, lake trout and smallmouth bass — are already facing a number of challenges in a delicately balanced ecosystem that has been rocked by the recent appearance of illegally introduced burbot. Lower and fluctuating water levels will only add to the challenges.

• Access to the lake via existing boat ramps would likely not be possible if water as proposed in the Million project were removed from the reservoir. That impacts all businesses that rely on the reservoir including those on the shores of Flaming Gorge and including other towns and cities like Dutch John, Manila, Green River, Wyo., and Rock Springs.

Similar facts are presented on the ourdamwater.org/ website of Sportsmen for the Green.

From The Grand Junction Daily Sentinel (Gary Harmon):

The state’s most powerful water organization will spend no more money to study ways of piping water from the Western Slope to the Front Range, a move heralded by environmental organizations but one that might not squelch the idea. The Colorado Water Conservation Board turned away a request that it continue to fund a study of how to pursue large water projects, such as a proposed pipeline to the Front Range from Flaming Gorge Reservoir in Wyoming.

The board’s decision was greeted as a victory by Protect the Flows, an organization of recreation, agricultural and other interests that depend on the Colorado River. “This decision tells Coloradans that (Gov. John Hickenlooper) and the water board know how much we value our superb recreation opportunities and the huge economy in Colorado generated by outdoor enthusiasts and tourism,” Protect the Flows spokeswoman Molly Mugglestone said.

Water board members noted that such projects would be more appropriately studied by the Interbasin Compact Committee, a 27-member committee established to address statewide water issues.

The proposed Flaming Gorge pipeline has been rejected on several levels and by federal agencies. It was criticized by government agencies, including Mesa County and Grand Junction, which cited unanswered questions about the effects of the project.

The Interbasin Compact Committee “has a new water-supply committee and this seems to belong to them,” said Chris Treese, spokesman for the Colorado River Water Conservation District. “I think that’s an important dialogue to have and it’s one we’ve been involved with all along.”

The water board’s decision amounted to an endorsement of the need for conservation over development, Protect the Flows said.

Abandoning talk of water-development projects is a non-starter, Club 20 Executive Director Bonnie Petersen said. “Given the drought situation,” Petersen said, “at some level it would seem we would have to talk about storage.”

More Flaming Gorge Task Force coverage here.


CWCB: ‘Zombie Pipeline’ Takes Critical Wound in Vote — Jason Bane

January 30, 2013

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From email from Western Resource Advocates (Jason Bane):

The Colorado Water Conservation Board (CWCB) today voted overwhelmingly to end funding for the ‘Flaming Gorge Task Force,’ which had been considering future large-scale water diversion projects such as the ‘Flaming Gorge Pipeline.’ The decision is in line with public opinion; a recent Colorado water poll found that four-in-five Colorado voters favor focusing on water conservation efforts rather than water diversions.

In response to today’s decision, Drew Beckwith, Water Policy Manager at Western Resource Advocates, issued the following statement:

“The Flaming Gorge Pipeline has been called the ‘zombie pipeline’ from years of lumbering around trying to latch onto anything that might keep it alive. Today’s CWCB vote sends a strong message that it’s time to move on to other water demand solutions. No amount of discussion is going to make the pipeline less expensive or more realistic, and we applaud the CWCB for recognizing the need to move forward.”

The ‘Flaming Gorge Pipeline’ (FGP) is a proposal to pump 81 million gallons of water a year across more than five hundred (500) miles from the Green River in Wyoming to the Front Range of Colorado—all at a projected cost of $9 billion dollars (according to CWCB calculations). Western Resource Advocates has consistently opposed the idea as unreasonable and unnecessary.

More coverage from Bob Berwyn writing for the Summit County Citizens Voice. Here’s an excerpt:

The task force funding drew criticism from conservation groups, who said the money would be better spent studying realistic conservation and reuse options for water. By some state estimates, the pipeline could have cost as much as $9 billion. The CWCB denied a request for $100,000 of state water money for continued study…

We applaud Governor Hickenlooper and the Colorado Water Conservation Board for their decision to turn down spending additional money to examine new water diversions as a solution to meet Colorado’s water challenges, said Protect Our Flows director Molly Mugglestone. “It’s the right decision for what Coloradans want as reflected overwhelmingly in a recent bipartisan poll commissioned by Protect the Flows.

The poll showed that more than 80 percent of Colorado voters would tell state officials to spend their time and resources focusing on conservation efforts, rather than water diversions; a majority of voters across political and geographic lines oppose building additional pipelines; and almost all express strong regard for Colorado rivers and a desire to protect them.

[Aaron Million] has said the pipeline could actually help protect flows in over-used sections of the Colorado, especially in years like this, with abundant moisture in Wyoming, but well below average snowpack in Colorado.

More Flaming Gorge Pipeline coverage here and here.


Flaming Gorge Task Force: ‘I guess neutral is a big win for us’ — Aaron Million

January 25, 2013

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From The Pueblo Chieftain (Chris Woodka):

More state discussions are needed on how to develop Colorado’s share of Colorado River water, a task force that met for more than a year on the Flaming Gorge water project reported Wednesday. The task force did not recommend either building or denying the Flaming Gorge pipeline idea, and wasn’t expected to. Instead, it worked to create a framework that would bring competing interests to the table to evaluate any project proposing development of a new supply from the Colorado River. Its conclusions will be submitted to the Colorado Water Conservation Board, which funded the task force. “I guess neutral is a big win for us,” said Aaron Million, who was one of two sponsors of a Flaming Gorge pipeline who met with the task force last year.

More engineering work is being completed so that the Flaming Gorge project can be resubmitted to a federal agency for environmental evaluation. Million said it would be submitted to the Federal Energy Regulatory Commission, which rejected an application last year, saying more information was needed. If FERC does not accept the new proposal, either the Army Corps of Engineers or Bureau of Land Management would be approached.

The task force recommended the CWCB and Interbasin Compact Committee, an umbrella organization that represents the interests of basin roundtables and the state, develop a way to evaluate if a project meets certain criteria. The top priorities are developing Colorado’s share of the water under the 1922 Colorado River Compact and protecting the state from a call on the river that could diminish Colorado’s water supply.

The group recommended forming a committee that would continue to discuss issues relating to water and is asking the CWCB for up to $100,000 for phase 2 of the study. The first phase was funded at $72,000 in September 2011, over the objections of environmental groups who tried to kill any consideration of a Flaming Gorge plan.

More coverage from the Associated Press via the Laramie Boomerang. Here’s an excerpt:

In a report to be presented to the Colorado Water Conservation Board, the Basin Roundtable Exploration Committee said questions that should be addressed include not only financing and how Colorado can maximize its entitlements to Colorado River water without overdeveloping the river, but also alternatives to new water supply projects.

The committee said state leaders and each of the basin roundtables in Colorado should participate in the conversation, which it called a “key threshold step” needed to move beyond the status quo in developing significant new water supply solutions. The roundtables represent each major river basin in the state, plus the Denver area.

The report, released Wednesday, described an urgent need for action, citing the gap between the demand for water on the populated Front Range and the supply.

“The municipal gap on the Front Range is immediate, the dry-up of agriculture is real and certain, and the environmental and economic concerns are serious and numerous,” the report said.

The report also listed several characteristics of “good” water supply projects. For instance, they should have funding and minimize the need for new infrastructure, and they shouldn’t reduce supplies to existing water users, the report said.

Colorado’s river basin roundtables agreed to form the committee after entrepreneur Aaron Million announced a $3 billion pipeline proposal to carry Flaming Gorge Reservoir water to Colorado, and a separate coalition of water providers said it was exploring its own plan. The committee didn’t set out to endorse any proposal but wanted to answer questions about cost, feasibility, water rights and legalities, along with the environmental, socioeconomics, agricultural and recreational impacts of any Flaming Gorge project, among other issues.

Million has yet to gain permits for his project. He said Thursday his team is doing more engineering work after the Federal Energy Regulatory Commission last year dismissed his permit application over a lack of specifics.

More coverage from the Wyoming Business Journal (MJ Clark):

The committee is aware of protests by environmentalists and issues raised by their own constituency.

“Rather than focusing on a Flaming Gorge project, the committee is exploring what the attributes would be of any successful new transmountain diversion,” the group wrote. “And foremost to that discussion is dealing with the uncertainties of water availability under the Colorado River Compact.”

Noting that the staff could not reach an agreement of whether or not to endorse the project, the group concluded that, “At this point, we don’t see the benefit of having the Flaming Gorge Committee continue … unless the board directs otherwise, this will be the direction staff takes.”

More Flaming Gorge Task Force coverage here.


Flaming Gorge Task Force’s phase one report is hot off the press

January 24, 2013

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Click here to view the report and appendices A through F. Click here for appendices G through I. Thanks to Heather Bergman for sending them along in email. Here’s an excerpt from the report:

Recommendations

In the course of its work, the Committee has come to more fully understand and appreciate the gravity and risks of the status quo and the need to develop new supply1 solutions that balance the current and future consumptive and nonconsumptive needs of both slopes and all basins. The municipal gap on the Front Range is immediate, the dry-up of agriculture is real and certain, and the environmental and economic concerns are serious and numerous. In the process of becoming informed about and discussing the benefits and costs of a specific new supply project focused around Flaming Gorge, the Committee has identified a key threshold step that must happen in order to move beyond the status quo in developing any significant new supply solution: an immediate and focused conversation with each roundtable and state leaders at the table must begin, aimed at developing an agreement or agreements around how water supply needs around the state can be met. Our conclusion and consensus is that the conversation needs to be transparent and inclusive in order to arrive at consensus agreements that can lead to meaningful statewide-level water supply solutions. The immediate need for this robust, focused, transparent, and balanced conversation is at the heart of each of our recommendations.

The Committee has developed a consensus flow chart that identifies threshold steps and a process framework for moving forward with major new supply allocation from the Colorado River. The flow chart and the process it outlines suggests a pathway to achieving statewide consensus for a new supply project, based on roundtables defining the scope of a project, the IBCC and CWCB providing insight and approval, and project proponents or participants designing a project based on statewide consensus about the criteria of what characteristics and components are needed to be included into the design, implementation, and operation of a water project for that project to be considered a “good” project for Colorado. The flow chart is based on several assumptions:

  • The goal is to minimize the risk of a Compact call.
  • An M&I gap exists and needs to be filled. Some of the water needed to fill that gap may come from the Colorado River. That portion of the gap that is not satisfied by identified projects or processes, conservation, or new supply will likely come from the change of agricultural water to municipal and industrial use.
  • The current legal framework will apply.
  • All roundtables are affected by a new supply project.
  • This process would be voluntary. An inability to complete the process (all STOP signs in the complete framework) means that proponents revert to “business-as-usual” for building a new project.
  • More coverage from KUGR News:

    A task force studying issues related to proposals to divert water from the Flaming Gorge Reservoir in Wyoming to Colorado says state leaders first need to agree on how Colorado’s water needs can be met. In a report to be presented to the Colorado Water Conservation Board, the Basin Roundtable Exploration Committee says questions that should be addressed include how Colorado can maximize its entitlements to Colorado River water without overdeveloping the river and who would finance a new water supply project. It also lists characteristics of “good” water supply projects, which it says shouldn’t reduce supplies to existing water users, for one. The report, released Wednesday, says there is an immediate gap between the Front Range demand for water and the supply and mentions “risks of the status quo.”

    More Flaming Gorge Task Force coverage here.


    Silverthorne: The next meeting of the Flaming Gorge Task Force is January 3 #CORiver

    December 29, 2012

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    Here’s the agenda via email from Heather Bergman.

    More Flaming Gorge Task Force coverage here.


    ‘Platte River Recovery Implementation Program is creating a place for whooping cranes to stay during their migration’ — Kearney Hub

    December 27, 2012

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    From the Kearney Hub (Lori Porter):

    Large, yellow earth movers circled 180 acres of land southeast of Kearney between the north and main channels of the Platte River, sculpting shallow depressions that will be seeded with wetland plants and, it’s hoped, be filled by spring rains. The goal in this initial “pothole” project is to create habitat attractive to endangered whooping cranes that migrate through the Central Platte Valley. The hundreds of thousands of sandhill cranes that make an annual late winter-early spring mid-migration stop also should like the wetland conditions, said Bruce Sackett, land specialist for the Platte River Recovery Implementation Program. Ducks, geese and small shorebirds also may visit the site, he added. To the south, along the river’s main channel, 300 acres have been seeded to grass that Sackett said needs moisture now to thrive next year.

    Both habitat restoration projects are part of an effort to manage 10,000 acres of habitat for threatened and endangered birds — least terms and piping plovers are the other two target species — for the first 13-year increment of a plan to put the entire Platte Basin into Endangered Species Act compliance.

    The other major component of the program involving the U.S. Department of Interior, Wyoming, Colorado and Nebraska is to reduce Platte River streamflow depletions. A successful program will allow all federally licensed or permitted entities within the three states, including Nebraska Public Power District and Central Nebraska Public Power and Irrigation District, to comply with the ESA. Otherwise, each project would have to have comply on its own.

    More endangered/threatened species coverage here.


    Silverthorne: Next meeting of the Flaming Gorge Task Force December 18 #CORiver

    December 18, 2012

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    Here’s the agenda.

    More Flaming Gorge Task Force coverage here.


    Drought news: Many eyes are on the water in the Missouri River reservoirs #CODrought

    December 8, 2012

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    From The Winona Daily News (David A. Lieb):

    From Montana to West Virginia, officials on both sides have written President Barack Obama urging him to intervene _ or not _ in a long-running dispute over whether water from the Missouri’s upstream reservoirs should be released into the Mississippi River to ease low water levels that have imperiled commercial traffic.

    The quarrel pits boaters, fishermen and tourism interests against communities downstream and companies that rely on the Mississippi to do business.

    “We are back to the age-old old battle of recreation and irrigation verses navigation,” said Sen. Claire McCaskill, a Democrat from Missouri.

    If the water is held back, downstream states warn that shipping on the Mississippi could come to a near standstill sometime after Christmas along a 180-mile stretch between St. Louis and the southern Illinois town of Cairo. But if the water is released, upstream communities worry that the toll of the drought could be even worse next year for farms and towns that depend on the Missouri.

    Obama has not decided whether to enter the dispute, nor has the White House set a timetable to respond. But tensions are rising in this decades-old battle.

    From his perch as executive director of the Southeast Missouri Regional Port Authority, Dan Overbey watched this week as workers scrambled to ship out as much grain as possible before the Mississippi gets so low that it is not economically feasible or physically possible to move loaded-down barges…

    More than 800 miles to the northwest, Michael Dwyer was also stewing. He’s the executive vice president of the North Dakota Water Users Association.

    To Dwyer, the downriver interests are “taking selfishness” to “a level you can’t even comprehend.”

    “We suffered the impact of these reservoirs” when they were created decades ago by dams that flooded 500,000 acres of bottomland, Dwyer said. “To have some use of the resource only seems appropriate.”

    At the Mississippi River port near Cape Girardeau, Mo., about a million tons of cargo are loaded or unloaded annually, providing about 200 jobs, Overbey said.

    The water is also vital in parts of the Dakotas, where the dammed-up Missouri River has spawned a tourism industry centered on boating and fishing…

    Over the past three decades, more than a dozen lawsuits have been filed challenging the management of the river, many of which set Missouri and other downstream states against the Dakotas and other upstream states.

    The battles started in 1982, when Missouri, Iowa and Nebraska challenged a government contract allowing water to be drawn from the Missouri River in South Dakota to flush coal through a pipeline to power plants in the southeast. The U.S. Supreme Court blocked the project, but other lawsuits followed, including an effort by upstream states to reduce the water released from dams in an attempt to boost sport fishing in the reservoirs.

    Missouri, meanwhile, sued the Army Corps of Engineers when it held back water because of droughts and shortened the navigation season. Environmental groups also joined the court battles, advocating for spring surges and summer declines in downstream river levels to help threatened species of birds and fish.

    So far, no lawsuits have been filed in the current competition for water. But battle lines have been drawn…

    The Corps of Engineers, which manages both the Missouri and Mississippi rivers, says its guidelines prohibit it from releasing water from the Missouri River reservoirs for the primary purpose of improving navigation on the Mississippi. That position was backed up by a 1990 report from the federal government’s General Accounting Office, though officials from downstream states believe Obama could trump that by declaring an emergency to avoid an “economic calamity.”


    The Flaming Gorge Task Force October meeting summary is hot off the press

    December 4, 2012

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    Click here to read a copy.

    More Flaming Gorge Task force coverage here.


    Can the Flaming Gorge pipeline save ag and water Colorado’s burgeoning population?

    September 26, 2012

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    Here’s the latest installment of the Valley Courier’s Colorado Water 2012 series, written by Eric Hecox. He is exploring the benefits of the Flaming Gorge pipeline, originally conceived by Aaron Million, now in the gunsights of the Colorado-Wyoming Coalition. Here’s an excerpt:

    One potential new water project, the Flaming Gorge Pipeline, is being discussed and analyzed for its feasibility. The newly formed Basin Roundtable Project Exploration Committee is taking a closer look at this pipeline project. Simultaneously to this process, both public and private groups are investigating the potential of the project to meet present and future water demands. The Colorado/Wyoming Coalition, a public organization comprised of water and municipal entities in Colorado and Wyoming that could receive water from the pipeline if it is built, is conducting a feasibility study. A private developer, Aaron Millions, is also examining the project.

    The Basin Roundtable Project Exploration Committee has identified three areas of focus related to the Flaming Gorge Pipeline: explore interests and issues related to a possible Flaming Gorge water supply project; gather and analyze current information about the potential impacts of such a project; and explore what additional work or activities would be needed to address the issues and interests.

    The committee itself is a pilot project, created to assess the effectiveness of roundtable-based collaborations to explore water supply projects and issues. While the committee is focused on the Flaming Gorge project, it will also evaluate and track ideas and issues that emerge that can be applied to other potential water supply projects. The committee’s purpose is to gather information and explore ideas. It will not make recommendations about whether or not to build the Flaming Gorge Pipeline.

    The Colorado/Wyoming Coalition is also analyzing the feasibility of the project. Established in 2010, the coalition is a joint collaboration between Colorado and Wyoming entities. The Colorado entities are: Douglas County, South Metro Water Supply Authority, Parker Water and Sanitation District, Town of Castle Rock and Pikes Peak Regional Water Authority. The Wyoming entities are: City of Cheyenne, City of Torrington and Laramie County…

    The Colorado/Wyoming Coalition is committed to a transparent examination of the Flaming Gorge Project. The coalition will complete the study, develop information, and engage in discussions with supporters as well as with skeptics and opponents.

    Meeting Colorado’s water needs undoubtedly necessitates developing new water projects. The Flaming Gorge Pipeline project appears promising, however there is much work to be done including an objective examination of the project and open discussions among interested parties. Colorado has a robust water supply planning process and it is encouraging that, through this process and through project proponents, potential solutions to Colorado’s water shortage are emerging.

    More Flaming Gorge Pipeline coverage here and here.


    Flaming Gorge Task Force meeting recap: Concern that Colorado does not have the ‘courage’ to build projects

    September 1, 2012

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    Here’s a recap of the recent Flaming Gorge Task Force meeting, from Chris Woodka writing for The Pueblo Chieftain. Click through and read the whole article. Here’s an excerpt:

    “I’m left with the feeling that other states have the courage to embark on water projects. We don’t have that,” said Mike Gibson, president of Colorado Water Congress and manager of the San Luis Valley Conservancy District.

    The task force reviewed projects that other Western states have undertaken — including California’s state water project, started in late 1950s, and a $19 billion project to manage demands in the Sacramento-San Joaquin delta; Arizona’s water bank program and Central Arizona Project; and Utah’s proposal to build a $1 billion Lake Powell pipeline similar to the Flaming Gorge proposal…

    …the state lacks a water plan and unlike other states, has no way to centrally plan projects or allocate water.

    More Flaming Gorge Task Force coverage here and <a href="


    Salida: Flaming Gorge Task Force meeting Tuesday

    August 26, 2012

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    Click here for a copy of the agenda. Thanks to Heather Bergman for sending it along in email.

    More Flaming Gorge Task Force coverage here.


    Colorado, Wyoming and Utah and the remaining water under the Upper Colorado River Basin Compact

    August 8, 2012

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    Back in 1925 the Upper Colorado River Basin States united to fight the lower basin states over Colorado River projects like Boulder Dam unless the Colorado River Compact was signed. (Click on the thumbnail graphic for a graphic of The Denver Post front page from that time.) Fast forward to 1948 and the upper basin states inked the Upper Colorado River Basin Compact. With both compacts signed everyone would be buddy-buddy for all time, right?

    Maybe not, here’s a report from Bart Taylor writing for the Planet Profit Report. Here’s an excerpt:

    The Bureau of Reclamation estimates that demand on the Colorado River will significantly exceed supply in the coming years, and likely already has. This, along with drought and some rather dire climate change-related impacts, have forced state planners to reassess their Colorado River water supply and demand metrics. The Upper Basin has never fully utilized its full allocation of river water, either collectively or by individual state…

    It’s also begun to analyze its options to develop this remaining Colorado River allocation, and to the dismay of some in Wyoming and Utah (and Colorado, as I’ve written), one option involves a pipeline that taps the Colorado from its primary tributary, the Green River, at Flaming Gorge reservoir in southwest Wyoming and northeast Utah.

    For its part, Wyoming has also awakened to the tenuous future of its water resources. The Green has increasingly been identified as a river “at risk” – to the effects of drought, climate-change and a competition for water that’s reaching a fever-pitch throughout the region. Wyoming’s residents and politicians are therefore pushing back on what’s perceived by many here to be a water grab by Colorado – reminiscent of the threat posed by Lower Basin interest’s decades ago.

    According to my contacts, Wyoming water officials, including the state engineer, were initially neutral on the Flaming Gorge pipeline. Colorado is legally entitled to Green River water, and Flaming Gorge, like lakes Powell, Mead, Navajo and others, was built to implement the terms of the Colorado River Compact. To over-simplify greatly, the huge impoundments make it possible to even-out the distribution of water from wet years to dry for all parties to the agreement. Wyoming administrators initially had little reason (or recourse) to get worked up about the project, though from its source in Flaming Gorge, the pipeline would traverse the I-80 corridor west through Wyoming, then south to Colorado’s Front Range.

    Also, since Aaron Million conceived of a Flaming Gorge pipeline and reminded Colorado officials of the state’s right to file on the Green, most, but not all, water observers gave the project little chance of success. Building any water project, let alone a multi-state, multi-jurisdictional, trans-basin project, is daunting.

    Now, the political winds in Wyoming seem to blow hard against Flaming Gorge, the state engineer’s (yet unpublished) opinion notwithstanding. Ironically, Colorado water planners may be warming to the idea, again, driven by self-interest motivating all parties to the Compact. Colorado’s the fast-grower in the region and requires more water, even as it is entitled to more than its Upper Basin brethren. The state may simply not be able to turn its back on a huge, new source of water. (More on Colorado’s Flaming Gorge deliberations next time.)

    Utah’s perspective may also be changing. Within the last year, the state engineer approved water-transfer that will result in a new and fairly substantial appropriation, also from the Green River. As I outlined before, the premise is similar to that which may also drive Colorado to the Green – an unused portion of its Colorado River allocation.

    More Colorado River Basin coverage here and here.


    Flaming Gorge pipeline task force update: Have the committee members been spending too much time on problems?

    July 16, 2012

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    From The Pueblo Chieftain (Chris Woodka):

    “There was a great deal of negativism in the first meetings, but at the last meeting we had a bit of a turnaround because we realized that we had not considered any of the positive things that would happen if we built Flaming Gorge,” Betty Konarski told the Arkansas Basin Roundtable Wednesday. Konarski, a task force member who represents El Paso County on the roundtable, said the task force has been so busy trying to identify problems that it has neglected the other side of its mission: to evaluate the potential benefits of a new supply of water. The task force was formed to evaluate competing plans by Fort Collins entrepreneur Aaron Million and the Colorado-Wyoming Coalition to build a Flaming Gorge pipeline.

    More Flaming Gorge Task Force coverage here.


    Flaming Gorge Task Force: Mixed views towards the feasibility of building the pipeline

    June 23, 2012

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    From the Fort Collins Coloradoan (Bobby Magill):

    On Friday, a task force of water interests from across Colorado charged to look into the feasibility of tapping the Green River met in Colorado Springs to discuss whether it’s possible or desirable to build a Flaming Gorge pipeline. While some on the task force said building a massive pipeline from western Wyoming to the Front Range would help restore the headwaters of the Colorado River while also preventing eastern Colorado farms from going dry, others were adamant that a Flaming Gorge pipeline is, at best, a project that could cause more strife than anything else…

    “There’s been no real analysis of the environmental impacts,” [Chuck Wanner of Colorado Trout Unlimited] said, adding that he doesn’t believe that it’s possible for the task force to fully assess the feasibility of a Flaming Gorge pipeline by the end of the year.

    Whatever project the state decides to build to bring more water to the Front Range, Colorado must tap all the Colorado River Basin water the state is entitled to, including Green River water, said Eric Wilkinson, general manager of Northern Water in Berthoud. That project, whether it’s a Flaming Gorge pipeline or something else, has to maximize currently-available infrastructure, and the proposed pipeline accomplishes that by using the Interstate 80 corridor in Wyoming, he said…

    “The most important issue in this is whether or not a project unites the state,” said T. Wright Dickinson, a Brown’s Park rancher and former Moffat County commissioner. He said a Flaming Gorge pipeline as it is being envisioned would be too divisive to be built, doesn’t address what happens when Western Slope farmers need more water and isn’t adequate to address the state’s long-term water needs. Dickinson suggested an even bigger project: Tapping the Mississippi or Missouri rivers with a massive westbound pipeline…

    The task force will meet once each month through December before making a final recommendation to state water regulators in January.

    More Flaming Gorge Task Force coverage here.


    Colorado Water 2012: ‘Anyone in the basin will say that North Park remains a quiet and unique place’ — Caitlin Coleman

    June 20, 2012

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    Here’s the latest installment of the Valley Courier’s Colorado Water 2012 series. Caitlin Coleman takes us on a tour of the North Platte River Basin. Here’s an excerpt:

    The North Platte Basin—a 2,050 square-mile area that encompasses all of Jackson County and a portion of Larimer County—is nestled up against the Continental Divide in north central Colorado between the Front Range, Routt County and the Wyoming border. About 65 percent of Jackson County is public land, managed by state and federal agencies; still there is plenty of room for the basin’s small population of about 1,400 people.

    Anyone in the basin will say that North Park remains a quiet and unique place. Bearing the headwaters of the North Platte River and connected by this artery to Wyoming and Nebraska, the North Platte Basin is somewhat insulated from the booming population and water worries of the rest of Colorado. Geography, lack of major development and a U.S. Supreme Court Decree governing water development have protected the basin…

    The basin’s first water rights were adjudicated in 1892. Until then, there were no water districts, no water commissioners, and no official water appropriations in the North Platte Basin, but that doesn’t mean there weren’t water diversions and development. Rather, the basin slowly developed throughout the 1880s, according to former water commissioner and historian Eric Wagner.

    The water adjudication system began as a response to droughts in 1891, when people faced with stressed water resources wanted legal recognition of their water diversions. In the North Platte Basin, this precious water is used mostly for flood irrigation—watering meadows to produce a crop of high mountain hay, which sustains cattle locally or is trucked outside the basin and sold as a commodity, such as horse or cattle feed. That’s the way it’s been for years. Ditches wind across the basin, transporting water from rivers, streams and reservoirs to nourish agricultural land.

    More Colorado Water 2012 coverage here.


    Flaming Gorge Pipeline: ‘Colorado has water available under the Colorado River Compact’ — Nathaniel Budd

    May 31, 2012

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    Here’s a guest column written by Wyco Water and Power, Director of Business Development, Nathaniel Budd, running in the Fort Collins Coloradoan. From the column:

    Colorado has water available under the Colorado River Compact, a 1922 agreement among seven Colorado River basin states governing allocation of water rights for the Colorado River. Until Colorado’s apportionment is fully developed, the Lower Basin (California, Nevada, and Arizona) will benefit at the detriment of Colorado. For 90 years, our region has over-delivered to the Lower Basin, largely because the infrastructure does not exist to utilize the water supply available to this state. The water belongs to Colorado, not California…

    Rather than develop waters allocated for the state’s beneficial use nearly 100 years ago, opponents of the Regional Watershed Supply Project would prefer to stunt economic growth and endanger the Upper Basin’s future water supply. If Colorado’s forefathers had been of this mindset, the eastern slope communities and the multi-billion-dollar agricultural base that supplies open spaces, preserves western culture, and provides innumerable environmental benefits would not exist as we know them today.

    Meanwhile, here’s a report about FERC’s latest rejection of the pipeline’s preliminary permit, from Mary Bernard writing for the Vernal Express. From the article:

    Aaron Milllion’s hydropower and water supply project, renamed the Wyco Power and Water Project was denied by the Federal Energy Regulatory Commission on May 17. That’s the second refusal of the project’s preliminary permit request from FERC, preceded by the U.S. Army Corps of Engineers’ termination in 2011. FERC refused a rehearing on the decision saying, Million’s arguments were unsupported and no preliminary permit for its proposed Regional Watershed Supply Project would be issued…

    The project has received widespread resistance from the private sector throughout the tri-state area. Formal opposition from Daggett and Uintah Counties, the Wyoming communities of Green River and Rock Springs, Sweetwater County, Wyo. and Moffatt County, Colo.

    Local fly fishermen openly opposed the water project saying it would draw down reservoirs and destroy world class fisheries on the Green River and Flaming Gorge. High Desert Anglers president Jeff Taniguchi warned that the “Million Project would absolutely decimate one of the most beautiful places in Utah, and compromise every downstream user of water on the Green.”

    Western Resource Advocates filed objections representing itself, the National Parks Conservation Association and the Colorado Environmental Coalition.

    More Flaming Gorge Pipeline coverage here and here.


    Flaming Gorge Pipeline: Protect the Flows asks Governor Hickenlooper to put the kibosh on the project

    May 23, 2012

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    Here’s the release from Protect the Flows.

    118 West Slope businesses sent a letter this morning to Colorado Governor John Hickenlooper, expressing their opposition to the proposed Flaming Gorge pipeline. The businesses are members of Protect the Flows, a coalition of over 500 small business owners in the seven state Colorado River region (AZ, CA, CO, NM, NM, UT, WY) who depend upon flows in the Colorado River and its tributaries that are adequate to support the recreation economy.

    In the letter…Protect the Flows asks that the administration cease devoting state resources to studying the Flaming Gorge pipeline upon conclusion of the state’s special task force examining the project’s feasibility. As the task force has deliberated, troubling facts about the pipeline have continued to emerge, opposition to the pipeline has continued to grow, and federal agencies have continued to deny all permit attempts for the pipeline. Protect the Flows indicated that they would welcome a dialogue on water that welcomes and fosters ideas beyond the proposed pipeline and adequately accounts for the economic interests of the recreation and tourism industry. The task force, known formally as the Basin Roundtable Project Exploration Committee, is funded by a state grant issued by the Colorado Water Conservation Board and is scheduled to continue discussions through the end of 2012.

    “The state’s task force is focused only on one increasingly controversial idea — the Flaming Gorge pipeline proposal,” said Molly Mugglestone, Coordinator for Protect the Flows. “But to come up with the most effective solutions on future water usage we must apply a broader, more inclusive framework, like the one that was applied in achieving the newly completed agreement between Denver Water and West Slope interests.”

    Protect the Flows recently released a report showing that the Colorado River and its tributaries support a quarter million American jobs and generates $26 billion annually in total economic output. In Colorado alone, the Colorado River supports about 80,000 jobs and about $9.6 billion in total economic output.
    
    The proposed Flaming Gorge pipeline puts that economy in harm’s way. The plan would siphon 80 billion gallons each year from the Green River (a Colorado River tributary), which was recently declared the second most endangered river in America by American Rivers, for shipment to the Front Range. Moreover, the State of Colorado estimates that construction costs for the pipeline could reach $9 billion. An economic study by Western Resource Advocates indicated that the pipeline would take nearly a quarter of the Green River’s flow, which would result in a $58.5 million dollar annual loss to the region’s recreation economy. That same study reported that the water delivered to the Front Range by the pipeline would have to be sold at a price that is the most expensive in Colorado’s history (up to 10 times more than any existing project) because of the pipeline’s steep construction and operation costs.

    “Construction of this pipeline would be devastating to the entire Colorado River System,” said Tom Kleinschnitz, President of Adventure Bound River Expeditions in Grand Junction, which employs 30 people. “The significant loss of flows in the Green River would dramatically impact the quality of river recreation and affect tourism for everyone downstream all the way to Mexico.”

    Protect the Flows has committed to spend 2012 reminding Governor Hickenlooper and state officials that public resources would be better spent on more affordable solutions that support recreation industry jobs, such as improving water conservation efforts, water reuse and recycling, and better land-use planning and growth management.

    More Flaming Gorge Pipeline coverage here and here.


    ‘The Flaming Gorge Pipeline has been rejected more often than a freshman before prom’ — Stacy Tellinghuisen (Western Resource Advocates)

    May 19, 2012

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    It looks like Aaron Million will have to pony up the big bucks for engineering and attorney’s fees to flesh out his application with the Federal Energy Regulatory Commission. Here’s a report from Ben Neary writing for the Associated Press via the Fremont County Ranger. From the article:

    The Federal Energy Regulatory Commission on Thursday refused a request from Aaron Million of Fort Collins, Colo., to reconsider its February denial of his permit. In denying Million’s application in February, FERC said it was premature and lacked specifics about the proposed pipeline…

    His plans have drawn opposition from Gov. Matt Mead as well as county and local governments in southwestern Wyoming and downstream states. “I continue to oppose this particular proposal and continue to believe that FERC is not the regulatory body to review Mr. Million’s proposal,” Mead said Thursday. “I am glad that FERC denied the request for a rehearing.”[...]

    “We anticipated that they would not change the direction from the original response, part of the request frankly had to do with a clarification of issues related to their original decision,” Million said. “And indeed, they did clarify several things, and we now understand the rationale, in essence. They said the application was too broad.”

    From The Denver Post (Bruce Finley):

    Million’s company, Wyco Power and Water Inc., “presented no information in its permit application or its request for rehearing to indicate that the planning, routing or authorizations for the water conveyance pipeline are in progress or reasonably foreseeable,” FERC’s order said. Until Wyco can do that, the order said, there’s no point in issuing a preliminary permit…

    Million said he expected this rejection and learned from the process. “They need some more specifics,” he said, estimating $5 million has been invested so far. “We’re pushing ahead. FERC will be involved at some point because they permit hydropower.”

    From the Colorado Independent (Troy Hooper):

    FERC deemed the application from Million’s company, Wyco Power and Water Inc., inadequate in February but Wyco returned the next month asking the agency to reconsider. “We are not persuaded by any of Wyco’s unsupported arguments that it should be issued a preliminary permit for its proposed Regional Watershed Supply Project,” the commissioners wrote in their decision. “Therefore, we affirm the February 23 Order and deny Wyco’s request for rehearing.”

    Here’s a release from Western Resource Advocates (Jason Bane):

    The Federal Energy Regulatory Commission (FERC) today re-affirmed its decision to deny a rehearing on a preliminary permit application for the Flaming Gorge Pipeline. This is now the third time (in less than a year) that a federal agency has rejected plans for the Flaming Gorge Pipeline.

    “The Flaming Gorge Pipeline has been rejected more often than a freshman before prom,” said Stacy Tellinghuisen, Water & Energy Policy Analyst at Western Resource Advocates. “It doesn’t matter how you try to alter the proposal, or whose name is on top. You can change the wording. You can change the font. You can print it on a different color paper. It’s still too expensive, too harmful to the environment, and just not necessary for meeting future water demands.”

    In July 2011, the U.S. Army Corps of Engineers terminated its review of the pipeline proposal, prompting Million to shift his application request to FERC. On February 23, 2012 FERC denied a preliminary permit application for the pipeline proposal, and on March 23 Million requested a “rehearing and clarification.” In a decision released this morning, FERC stated:

    We are not persuaded by any of Wyco’s unsupported arguments that it should be issued a preliminary permit for its proposed Regional Watershed Supply Project. Therefore, we affirm the February 23 Order and deny Wyco’s request for rehearing.

    Said Robert Harris, Staff Attorney with Western Resource Advocates: “Enough is enough. This is a strong signal to the State of Colorado to focus more time and attention on proposals that — unlike the Pipeline — are more ripe for serious consideration.”

    Million had been seeking a federal permit from FERC to review his ‘Flaming Gorge Pipeline’ (FGP) proposal to pump 81 billion gallons of water a year for more than five hundred (500) miles from the Green River in Wyoming to the Front Range of Colorado—all at a projected cost of $9 billion dollars (according to CWCB calculations). Western Resource Advocates (WRA) filed objections to the application in representing itself, the National Parks Conservation Association (NPCA) and the Colorado Environmental Coalition (CEC); in total, more than 5,000 objections were filed in December 2011 to Wyco’s proposal.

    Opposition to the Flaming Gorge Pipeline has continued to grow since December. Wyoming Gov. Matt Mead has formally objected to the proposal, as have numerous local governments in both Colorado and Wyoming (such as Grand Junction, CO and Laramie, WY).

    Here’s a release from Earth Justice (McChrystie Adams):

    Today, the Federal Energy Regulatory Commission (FERC) closed the door on what will hopefully be the last attempt to permit the Flaming Gorge Pipeline. FERC denied a request for rehearing from Aaron Million’s company, Wyco Power and Water, Inc.—an attempted “do-over” on FERC’s earlier denial of a preliminary permit. The Colorado developer has spent several years, and a claimed $5 million, attempting to launch this ill-conceived boondoggle. His proposal has been met with stiff opposition from conservation groups, individuals, and local communities and businesses. Now, FERC has provided a point-by-point refutation of Wyco’s application and rehearing request, and left no doubt that this pipeline remains a pipe dream.

    FERC’s order recognized that the Flaming Gorge Pipeline proposal is poorly defined, and the approval process would be “difficult and lengthy” due to the opposition and controversy surrounding the project. As a result, FERC states that it would be premature to issue the permit for the project at this time. Importantly, FERC also made clear that it would not license the entire 501-mile water conveyance project. FERC is now the second agency to reject Mr. Million’s attempts to review and approve the Pipeline, following the Army Corps of Engineers’ termination of its review of the project in 2011.

    McCrystie Adams, staff attorney for Earthjustice, had the following statement on FERC’s action:

    “The Flaming Gorge Pipeline would be one of the biggest, most expensive, most environmentally damaging water projects in the history of the western United States. FERC got it right when they dismissed the permit application, and got it right again today when they denied Mr. Million’s rehearing request. We hope this will finally put an end to Mr. Million’s attempt to profit at the expense of one of the West’s last great rivers and the fish and wildlife, as well as the local economies, which depend on it.

    “This project—and any similar, large-scale transbasin diversions—is the worst way to meet Colorado’s water challenges. Such a project is unnecessary and distracts us from the important work we must do to build a secure water future. Unfortunately, we cannot be confident that this project is dead until Mr. Million and those who might follow his path abandon this futile scheme. We will continue to work to ensure that the Green River is protected and that this and other assaults on the West’s rivers do not succeed.”

    The Flaming Gorge Pipeline is a massive transbasin water supply project that would annually take approximately 81 billion gallons (250,000 acre-feet) of water from the Flaming Gorge Reservoir and the Green River and pipe it more than 500 miles over the Continental Divide to Colorado’s Front Range and southeastern Wyoming. This diversion would have devastating impacts on the native fish and wildlife in the Green and Colorado Rivers, batter regional recreational opportunities and jobs that depend on river flows, and potentially be a fatal blow to one of the West’s last great rivers. The plight of the Green River and the impacts of the proposed Flaming Gorge Pipeline were highlighted this week when American Rivers declared it #2 on its list of “most endangered rivers” in the United States.

    After an attempt at permitting through the Army Corps of Engineers was rejected last year, Aaron Million’s new company Wyco Power and Water, Inc. turned to the FERC. In February, FERC, acting well within its discretion and following its governing regulations, dismissed Wyco’s preliminary permit application as “premature.”

    FERC, in its review of the preliminary permit application, rightly found that Wyco would be unable to gain the many authorizations and the design certainty necessary to file a license application within the three year permit term. Again failing to take “no” for an answer, Wyco then requested a rehearing, yet failed to provide any meaningful evidence or arguments that FERC got it wrong the first time. FERC’s ruling today upheld its earlier finding and left it clear that Wyco’s application is without merit.

    Earthjustice had intervened in FERC’s preliminary permit review and filed papers urging the agency to deny the rehearing request. Earthjustice represents a coalition of ten conservation groups with interests throughout the Colorado River Basin: Sierra Club, Center for Biological Diversity, Rocky Mountain Wild, Save the Poudre: Poudre Waterkeeper, Biodiversity Conservation Alliance, Wyoming Outdoor Council, Citizens for Dixie’s Future, Glen Canyon Institute, Living Rivers: Colorado Riverkeeper, and Utah Rivers Council.

    From the Summit County Citizens Voice (Bob Berwyn):

    The controversial Flaming Gorge pipeline (formally known as the regional water supply project) was initially under review by the U.S. Army Corps of Engineers, but partway through that process, proponent Aaron Million switched gears and asked the Federal Regulatory Energy Commission to review the proposal as an energy generating project.

    FERC rejected the application once and Million subsequently appealed that decision under an administrative procedure. This week’s FERC ruled denies his appeal and appears to put the project on hold, at least for now.
    The proposal garnered widespread opposition from businesses that rely on recreational flows in regional rivers and streams, collectively represented by Protect the Flows.

    “The thousands of people in our region whose jobs depend upon a strong Colorado River system dodged another bullet today, but it’s time to move beyond this threat once and for all,” said the group’s coordinator, Molly Mugglestone. “Enough time and public money has been spent fixating on this one controversial idea, it’s time to bring people together to come up with a smarter way forward.”

    From the Fort Collins Coloradoan (Bobby Magill):

    FERC spokeswoman Celeste Miller said in a statement Thursday that the order “confirms that it is premature to issue Wyco a preliminary permit for its seven proposed hydropower developments.”

    Miller said Wyco presented no information in its permit application or its appeal to show that Wyco has permission from landowners to build the pipeline across their property.

    “Until Wyco is able to do so, there is no point in issuing a preliminary permit for the hydropower developments because Wyco would be unable to study the feasibility of, and prepare a license application for, a project whose location has not been sufficiently narrowed,” the statement said.

    From KSL.com (Amy Joi O’Donoghue):

    The application for Wyco to study the feasibility of the pipeline — described officially as the Regional Watershed Supply Project — lacked concrete information such as the route or if any authorizations from land managers had been sought, according to the FERC decision. Also incomplete were details about the locations of its proposed hydropower stations. Aaron Million, a Fort Collins, Colo., entrepreneur who is pushing the project, said trying to provide that kind of detail this early in the process is premature — it needs more research…

    Wyco has 60 days to file an appeal of Thursday’s decision with the U.S. Circuit Court of Appeals.

    From the Northern Colorado Business Report (Steve Lynn):

    Million on Friday said the latest ruling has given his team a better understanding of what it must include in its formal application. “We’ll address the issues and keep heading through the permitting process,” he said.

    Large engineering construction firms involved in the project remain interested, he added. He declined to name them, citing confidentiality agreements. The pipeline would help meet the water needs of Colorado, which faces a water supply shortfall, Million said. It also would bolster flows in the Poudre River.

    Finally, Chris Woodka talked to Aaron Million. The entrepreneur remains focused, according to Mr. Woodka’s report. From the article:

    “We plan to move forward and will submit a more complete application,” Million said. He added that he is continuing to secure financing for the project.

    More Flaming Gorge Pipeline coverage here and here.


    North Park: CDPHE issues new cease and desist order to Lone Pine Gas over releases into Spring Gulch Creek

    May 9, 2012

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    From the Associated Press via The Columbus Republic:

    One of the company’s owners, Stephen Shute, said Tuesday he’s reviewing the order.

    The company has oil and natural gas wells west of Walden in the North Park area. It has a permit to discharge treated produced water into Spring Gulch Creek, but a cease-and-desist order issued Tuesday says the company has been discharging copper and iron at levels above what’s allowed under its permit. The company received a similar order in 2010.

    More oil and gas coverage here and here.


    Flaming Gorge Pipeline: Aaron Million’s homes in Fort Collins are in foreclosure, ‘This is completely isolated from everything we’re doing on the business side,’ — Aaron Million

    May 1, 2012

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    From the Fort Collins Coloradoan (Bobby Magill):

    Owing about $1.8 million on two Fort Coll-ins properties, water project financier Aaron Million’s two Fort Collins homes are listed in foreclosure, which includes a West Oak Street home listed as the business address for Wyco Power and Water, according to Larimer County Assessor and Colorado Secretary of State records…

    Larimer County property records show a home owned by Million Agricultural Investments Ltd. at 1436 W. Oak St., was listed in foreclosure in February with a scheduled sale set for June 6. The property is listed as a home and business address by Million with the Colorado Secretary of State. County records show Million is delinquent in his payments on the property, for which Million Agricultural Investments owes $553,814 to Verus Bank of Commerce. The home, he said Monday, is a personal residence owned by a partnership with his parents, who have fallen on hard financial times. Knowledge of the foreclosure, which is public record and has been published in legal ads in at least one other regional newspaper recently, “has effects on my kids and my family,” Million said. “This is completely isolated from everything we’re doing on the business side.”[...]

    Million’s 9,900 square-foot-home on Stargazer Court in northwest Fort Collins also is listed in foreclosure, with a scheduled sale date of Oct. 31.

    More Flaming Gorge Pipeline coverage here and here.


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