Lower Fryingpan River “relatively healthy” — Roaring Fork Conservancy

October 16, 2014

Didymosphenia

Didymosphenia


From The Aspen Times (Scott Condon):

The lower Fryingpan River ecosystem is relatively healthy even though an algae with the notorious nickname “rock snot” has taken hold, according to preliminary results of a study commissioned by the Roaring Fork Conservancy.

Muck from the stream bottom was scooped up from three sites last fall to get a count of macroinvertebrates — bugs that can’t leave the river. An analysis over the winter showed the numbers were in line with results from a similar study in 2003, according to Heather Tattersall Lewin, watershed action director for the nonprofit organization.

“That was good for us to see,” she told the Basalt Town Council on Tuesday night in a briefing about the preliminary results. Macroinvertebrates provide food for the fish in the river.

Populations of the American dipper bird, an important indicator species for river health, were also promising, according to Tattersall Lewin. A consultant found 28 mating pairs and observed that 23 of them were successful in producing young.

Constant monitoring of water temperatures since October 2013 also didn’t produce any red flags…

The Roaring Fork Conservancy’s study didn’t produce all good news. Rock snot, formally known as Didymosphenia geminate and often called Didymo, appears here to stay.

The conservancy hired students from Colorado Mountain College in Leadville to monitor the river periodically for rock snot. They searched for the specific algae in the spring and after peak runoff at 20 sites. They found the coverage was in fewer places after runoff and that it wasn’t as dense in places where it was still found, Tattersall Lewin said.

The CMC students will search for the algae again this weekend to see if it surged back after the lower flows of summer.

Tattersall Lewin said rock snot isn’t your typical, slippery algae. It grows in clumps in a consistency she compared to coarse toilet paper. It appears to collect more easily on the flat, angular rocks of the Fryingpan than the rounded cobble of the Roaring Fork River, she said.

The effects of rock snot on the ecosystem aren’t certain. International studies show Didymo is proliferating even in the healthiest streams, according to Tattersall Lewin. Studies are examining whether the growth is related to climate change.

Rick Lofaro, the conservancy’s executive director, said two management policies by the reclamation bureau, which controls water flows from the dam, appear capable of reducing rock snot. First, maintaining a higher minimum flow during winters and dry times could avoid the buildup. Second, high, sustained water releases during spring runoff would help flush the river and benefit it in numerous ways. The rock snot would disintegrate.

More Fryingpan River watershed coverage here.


Twin Lakes Reservoir and Canal Co, Aspen and the #ColoradoRiver District reach deal

October 15, 2014

From the Aspen Daily News (Brent Gardner-Smith):

The city of Aspen and Front Range water interests have reached a compromise 20 years in the making that allows more water to be sent east when the spring runoff is plentiful, in exchange for bolstering flows when the Roaring Fork River is running low in the fall. The deal is between the Twin Lakes Reservoir and Canal Co., which operates transbasin diversion tunnels underneath Independence Pass, and the city of Aspen and the Colorado River District, which works to protect water rights on the Western Slope.

The deal, which has its roots in a 1994 water court application from Twin Lakes that sought to increase diversions during the runoff in high-snowpack years. It will leave 40 acre-feet of water in Grizzly Reservoir when Twin Lakes exercises its rights under the 1994 proposal. That water will be stored in the 500-acre-foot reservoir and released into the Roaring Fork for about three weeks in late summer, when seasonal flows are at their lowest. The water must be called for and released in the same year it was stored.

Grizzly Reservoir, located about 8 miles up Lincoln Creek Road near the Continental Divide, is a component of the transbasin-diversion system. A tunnel underneath the reservoir channels water underneath the mountain to the south fork of Lake Creek in the Arkansas River basin, on the other side of the pass.

Additionally, under the deal, the River District will have the right to store 200 acre-feet of water in Grizzly Reservoir and can call for up to 150 acre feet of that water in a year. Importantly, that 200 acre-feet can be stored long-term in the reservoir until it is called for by the River District, which manages water rights across the Western Slope.

Another 600 acre-feet will be provided to the River District for seasonal storage in Twin Lakes Reservoir, also on the east side of Independence Pass. The district will then trade and exchange that water with various entities, which could lead to more water staying on the Western Slope that would otherwise be diverted through other transbasin tunnels.

Twin Lakes diverts an average of 46,000 acre-feet a year from the headwaters of the Roaring Fork and sends it to Colorado Springs and other Front Range cities. The city of Colorado Springs owns 55 percent of the shares in the Twin Lakes Reservoir and Canal Co., entities in Pueblo own 23 percent, entities in Pueblo West own 12 percent, and Aurora owns 5 percent.

Aspen and the River District intend to cooperatively use the stored water in Grizzly Reservoir to boost late-summer flows in the Roaring Fork as it winds through Aspen proper.

Water already flowing
The stretch of the Roaring Fork River below the Salvation Ditch on Stillwater Drive typically runs below environmentally sound flows each year for about eight weeks, according to city officials. And given that this spring saw a high run-off, the three parties to the agreement managed some water this year as if the deal was already signed.

“At the close of the current water year (which ended the last day of September), Twin Lakes started making releases of some of the water stored for the River District, followed by release of the 40 acre-feet, as directed by Aspen and the River District,” Phil Overeynder, a special projects engineer for the city, wrote in an Oct. 3 memo to city council. “These releases had the effect of increasing flows in the Roaring Fork through the Aspen reach by approximately 20 percent and will last for approximately a three-week period at the end of the lowest flow conditions of the year.”

Overeynder added that “both Aspen and the River District believe that this agreement, while not perfect, is of real and meaningful benefit to the Roaring Fork.”

Aspen City Council approved the agreement on its consent calendar during a regular council meeting on Monday. The agreement is on the River District’s Tuesday meeting agenda, and Twin Lakes approved it last month.

The deal still needs to be accepted by Pitkin County and the Salvation Ditch Co. in order to satisfy all of the details of the water court’s 2001 approval of the 1994 water rights application.

Junior and senior rights
In addition to its junior 1994 water right, Twin Lakes also holds a senior 1936 water right that allows it to divert up to 68,000 acre-feet in a single year and up to 570,000 acre-feet in a 10-year period.

Originally, the water diverted by Twin Lakes was used to grow sugar beets to make sugar, but it is now primarily used to meet the needs of people living on the Front Range.

The 1936 water right still has some lingering restrictions in high-water years, according to Kevin Lusk, an engineer with Colorado Springs Utilities who serves as the president of the board of the private Twin Lakes Reservoir and Canal Co. Under its 1936 right, when there is plenty of water in the Arkansas River and the Twin Lakes Reservoir is full, Twin Lakes is not allowed to divert water, even though it is physically there to divert, Lusk explained. So in 1994 it filed in water court for a new water right without the same restrictions so it could divert more water to the east. It was dubbed the “Twin Junior,” water right.

The city of Aspen and the River District objected in court to the “Twin Junior” and the agreement approved Monday is a long-delayed outcome of the case.

Aspen claimed that if Twin Lakes diverted more water in big-water years, the Roaring Fork wouldn’t enjoy the benefits of the high water, including flooding the Stillwater section and replenishing groundwater supplies. That process, the city argued, helps the river in dry times.

“We don’t necessarily agree with the theory behind it,” Lusk said of the city’s claim, but added that Twin Lakes agreed to the deal as part of settlement negotiations.

And since 2014 turned out to be a high-water year, Twin Lakes exercised its right to divert water under its 1994 Twin Junior right, and worked cooperatively with Aspen and the River District to release 40-acre feet of “mitigation water” as described in the pending deal.

The new agreement between the city, Twin Lakes and the River District is in addition to another working arrangement between Twin Lakes and Aspen related to the Fryingpan-Arkansas diversion project, which diverts water from the headwaters of the Fryingpan River.

That agreement provides 3,000 acre-feet of water each year to be released by Twin Lakes into the main stem of the Roaring Fork beneath a dam near Lost Man Campground, normally at a rate of 3 to 4 cubic feet per second.

More Twin Lakes coverage here.


Fryingpan-Arkansas Project update: “We can’t dry up the creeks” — Kara Lamb #ColoradoRiver

September 1, 2014
Fryingpan-Arkansas Project via the Southeastern Colorado Water Conservancy District

Fryingpan-Arkansas Project via the Southeastern Colorado Water Conservancy District

From The Aspen Times (Scott Condon):

The Fryingpan-Arkansas Project diverted about 80,200 acre-feet of water under the Continental Divide to the Front Range this year, according to Kara Lamb, spokeswoman for the U.S. Bureau of Reclamation, which operates the system.

That is about 67 percent higher than the average diversion of 48,000 acre-feet over the 52-year lifetime of the system, she said. More water was diverted this year because of a higher-than-average snowpack and lots of rain starting in mid-July, according to Lamb.

Nevertheless, river and stream water levels have dropped to the point where diversions must be stopped to maintain minimum stream flows.

“This week and next week, we are shutting down the diversion system,” she said Friday. “We can’t dry up the creeks.”

Ruedi Reservoir is about 93 percent full right now. That’s slightly above average, according to the Reclamation Bureau’s records. The amount of water currently being released from Ruedi Dam is 267 cubic feet per second, about average for Sept. 1.

Water is still being diverted from the headwaters of the Roaring Fork River east of Aspen. The Independence Pass Transmountain Diversion System has diverted an estimated 59,400 acre-feet thus far this water year, which started in October 2013, according to water data on the Colorado Division of Water Resources website. Kevin Lusk, a water-supply engineer with Colorado Springs Utilities helped The Aspen Times interpret the data on the state’s website.

The average annual diversion over the past 79 years has been 42,000 acre-feet. This year’s diversion is already 17,400 acre-feet above average, or 41 percent higher.

The diversion system operated by the Twin Lakes Reservoir and Canal Co. taps a 45-square-mile area at the headwaters of the Roaring Fork River. The system diverts water from the Roaring Fork River near Lost Man Campground. In addition, it diverts some of the water in Lost Man Creek, Lincoln Creek, Brooklyn Creek, Tabor Creek, New York Creek and Grizzly Creek, according to a description on the website of Roaring Fork Conservancy, a Basalt-based nonprofit that monitors water quantity and quality issues.

The conservancy’s weekly watershed river report, released each Thursday, showed that Twin Lakes Tunnel was diverting water at a rate of 80 cubic feet per second on Aug. 28 from the Roaring Fork River headwaters. Meanwhile, the river was flowing at only 49 cfs in Aspen that same day.

The Roaring Fork River is dammed near Lost Man Campground. The river below the dam runs at a trickle. It’s replenished to some degree by various creeks before it reaches Aspen.

Without the diversion, the Roaring Fork River flow would be 129 cubic feet per second in Aspen, or about 2.5 times what it is running now. Superior water rights allow the Twin Lakes Reservoir and Canal Co. to divert an amount greater than the river flow.

More Fryingpan-Arkansas Project coverage here.


There are 44 transbasin diversions in Colorado that move water between river basins. Tour some with CFWE! #ColoradoRiver

August 26, 2014

Southern Delivery System: Pueblo county firms net $65 million in orders during construction

August 7, 2014
Southern Delivery System route map -- Graphic / Reclamation

Southern Delivery System route map — Graphic / Reclamation

From The Pueblo Chieftain (Chris Woodka):

The estimated construction cost of the Southern Delivery System, a water pipeline from Pueblo Dam to Colorado Springs, has been lowered to $841 million, about $145 million less than earlier estimates.

“It’s our responsibility to manage project costs as closely as possible to protect the investment being made by the SDS partner communities,” said Janet Rummel, spokeswoman for Colorado Springs Utilities.

The timing of SDS construction saved money primarily because of lower interest rates and lower pricing for materials and services, she said.

“Competitive bidding has allowed more than 100 Pueblo County-based businesses to benefit from $65 million in SDS spending so far,” Rummel said.

Although most of the benefit from SDS goes to Colorado Springs, Pueblo West, Security and Fountain also are SDS partners.

The pipeline has a capacity of 96 million gallons per day, with 78 mgd going to El Paso County.

Pueblo West will increase its capacity by 18 mgd through a connection to the newly constructed north outlet works.

Its current connection at the south outlet delivers 12 mgd — just above the metro district’s peak-day delivery. The outlet is shared by the Pueblo Board of Water Works and the Fountain Valley Authority. It also will be the hookup for the Arkansas Valley Conduit.

Pueblo West has paid $6.5 million for construction of its SDS connection, and estimates it will have paid a net price of $6.7 million — when all bills and refunds are totaled — by 2017.

The money came from reserves, said Jack Johnston, metro district manager.

“We have cash-funded the project out of reserves that were collected primarily during the growth years,” Johnston said. “They were fees that were set aside to help build the reserves to do capital projects.”

Pueblo West got some of the SDS savings, but just for the construction nearest the dam, where its 36-inch-diameter connection splits off from the 66-inch-diameter line that runs 50 miles north.

“Whatever savings were realized in building the north outlet works were passed on to us,” Johnston said.

Pueblo West had been negotiating an agreement to turn on SDS ahead of schedule, since its spur from the dam will be ready for use ahead of the rest of the project.

However, the board last month delayed action on a draft agreement that could allow early turn-on of SDS. If no agreement is reached, the startup would be whenever Colorado Springs gets the go-ahead from Pueblo County to turn on SDS, expected in 2016.

Colorado Springs must meet Pueblo County’s 1041 permit conditions in order to start SDS.

Those conditions include $50 million in payments, plus interest, to the Fountain Creek Watershed Flood Control and Greenway District; $15 million for road rehabilitation in Pueblo West; and $2.2 million for Fountain Creek dredging in Pueblo. All of those payments are included in the $841 million construction cost.

Colorado Springs also will pay $75 million for wastewater system improvements by 2024 within the city under the 1041 permit, but that cost is not included in the estimate.

More Southern Delivery System coverage here.


“It was a complete defeat for the Western Slope” — Pitkin County Attorney John Ely

August 3, 2014

Busk-Ivanhoe system diversions

Busk-Ivanhoe system diversions


From the Aspen Daily News (Brent Gardner-Smith):

Pitkin County and the Colorado River District are planning to appeal a judge’s ruling that gives the city of Aurora the right to use water from the upper Fryingpan River basin for municipal purposes, without a penalty for 23 years of “unlawful” water use.

“It was a complete defeat for the Western Slope,” Pitkin County Attorney John Ely said of the order issued on May 27 by Larry C. Schwartz, a state water court judge in Pueblo.

As it stands today, the court’s ruling means Aurora can retain the 1928 priority date on its full right to divert 2,400 acre-feet a year through the Busk-Ivanhoe tunnel for municipal instead of irrigation purposes. Over 60 years, Aurora can divert 144,960 acre-feet under the right.

Pitkin County and other Western Slope entities wanted the court to reduce the scope of Aurora’s water right, as the Front Range city has been using the water from the Busk-Ivanhoe system for municipal purposes, without a decree, since 1987.

The “West Slope Opposers,” as the court called them, also argued that the court should consider that Aurora was also storing water on the East Slope without an explicit right to do so, which they felt constituted an “expansion” of its water rights.

The board of the River District agreed on July 15 to appeal the judge’s ruling, while the Pitkin County commissioners agreed shortly after the May ruling. Ely said he understands the Colorado State Engineer’s Office also plans to appeal.

Pitkin County has spent $247,500 on the Busk-Ivanhoe water case so far, and using money from the county’s Healthy Rivers and Streams fund to pay for outside water attorneys.

Other parties from the Western Slope in the case are Eagle County, Basalt Water Conservancy District, Grand Valley Water Users Association, Orchard Mesa Irrigation District and the Ute Water Conservancy District. Trout Unlimited is also a party to the case, which is 09CW142 in Water Division 2.

Colorado transmountain diversions via the State Engineer's office

Colorado transmountain diversions via the State Engineer’s office

Transbasin water

Since 1928, about 5,000 acre-feet of water a year has been diverted from Ivanhoe, Lyle, Hidden Lake and Pan creeks, headwater streams of the Fryingpan River.

The water is sent from Ivanhoe Reservoir to Busk Creek through a pipe in the Busk-Ivanhoe tunnel, first built as a railroad tunnel in the late 1880s. From Busk Creek, the water flows to Turquoise Reservoir and the Arkansas River, and eventually reaches Aurora and Pueblo.

The Pueblo Board of Water Works owns the right to half of the water diverted through Busk-Ivanhoe tunnel, and in 1993 it changed the use of its water right from irrigation to municipal.

In 1987, Aurora bought the other half of Busk-Ivanhoe water and started using its half of the water for municipal purposes. But it didn’t come in for a change-of-use decree from water court until 2009.

Aurora’s 2009 application received 35 statements of opposition and as is common in water court, opponents were winnowed down to a core group. Many cases are settled before trial, but this case went to a five-day trial in July 2013.

Judge Schwartz’s subsequent ruling in May established the parameters of how a new decree for Aurora’s water should read, and the draft decree is now being prepared, Ely said. Once the proposed decree is filed with the court, it will trigger the appeal period in the case. Appeals in water court cases go directly to the Colorado Supreme Court.

Greg Baker, the manager of public relations for Aurora Water, was contacted early Friday afternoon for comment. He said officials were in various meetings throughout the day, and they couldn’t be reached by deadline.

Busk-Ivanhoe tunnel entrance

Busk-Ivanhoe tunnel entrance

“Zero” years

Ely said Pitkin County is primarily concerned about the judge’s decision not to take into account the 23 years that Aurora used water for undecreed purposes, i.e.,, municipal instead of irrigation.

Ely said it is a “fundamental” part of Colorado water law that non-use diminishes the scope of your water right when you go to change it, and it appears Aurora is getting “special treatment” because the water right is a transmountain diversion.

He said that when determining the “historic consumptive use” of a water right — which is what can legally be changed to another use — it is common practice for the court to reduce the scope of a water right by averaging in any years of “zero” or non-use. And undecreed uses typically count as “zero” years.

“But what the court said in this case said was, ‘We’re just not going to look at those years’ of zero use,” Ely said.

Judge Schwartz decided that the period from 1928 to 1986 — before Aurora started using the water — was the best “representative period” to use to determine how much water Aurora had been putting to proper use.

“The representative study period to be utilized should be based on a period of time that properly measures actual decreed beneficial use, and that excludes undecreed uses,” Schwartz concluded.

“The use of zeros during the years of undecreed use would permanently punish (Aurora) for the undecreed use after 1987,” Schwartz also wrote. “This court does not view a change application case as a means to permanently punish a water user for undecreed use.”

In regard to the issue of undecreed storage, the judge looked at the history of the water right, and found that while the original decree from 1928 may have been silent on the subject of East Slope storage, it was always part of the plan by the water developers to store water in a reservoir on the East Slope.

“West Slope Opposers assert that the storage of the Busk-Ivanhoe water in the Arkansas River Basin is an ‘expansion’ of use,” Schwartz wrote. “Storage of the Busk-Ivanhoe water in the Arkansas River Basin is not an expansion. Said storage has always been a part of the water right.”

Ely said the Colorado River District is more concerned about the storage issue than Pitkin County is. However, the county does feel the judge’s overall response to Aurora’s request to change its water right was faulty.

“We knew they were going to be able to change their use, it was just a question of how much,” Ely said. “And it was a question if the Front Range would be held to the same standard as everybody else, in terms of using their water consistent with a decree, or if they get some kind of special treatment for being a transbasin diversion. The judge, and his order, found that they should get some kind of special treatment, and we think that runs contrary to the law.”

Editor’s note: Aspen Journalism and the Aspen Daily News are collaborating on the coverage of land and water in Pitkin County. More at http://www.aspen
journalism.org.

More water law coverage here.


Roaring Fork Conservancy: Fryingpan Comprehensive Study Summary

July 31, 2014

From the Roaring Fork Conservancy:

Two years of extreme drought conditions and declining wildlife populations has Roaring Fork Conservancy and local citizens concerned for the health of the Fryingpan River. Beginning this month, Roaring Fork Conservancy is launching into a series of studies to better understand the river’s health. The studies, collectively called the Comprehensive Lower Fryingpan River Assessment has an overall goal to ensure the environment and economical sustainability of the Lower Fryingpan River, including its designation as a “Gold Medal Fishery”. The 13 miles of river below Ruedi Dam is some of the most popular fly fishing in the world and pumps millions of dollars annually into the local economy. For more information visit http://roaringfork.org/fryingpanstudy or download the Background Document.

More Fryingpan River watershed coverage here.


Follow

Get every new post delivered to your Inbox.

Join 1,058 other followers

%d bloggers like this: