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.


“I have been proud to work for years to ensure the [support for] the Arkansas Valley Conduit” — Sen. Mark Udall

July 25, 2014
Arkansas Valley Conduit Comanche North route via Reclamation

Arkansas Valley Conduit Comanche North route via Reclamation

From The Pueblo Chieftain (Chris Woodka):

A draft federal energy and water funding bill includes an additional $90 million for projects such as the Arkansas Valley Conduit, U.S. Sens. Michael Bennet and Mark Udall, both Democrats, said Thursday. The Senate appropriations committee approved the bill, which contains a provision supported by both senators that explicitly makes data collection and design work eligible for funding through these accounts. It will help ensure the Arkansas Valley Conduit is eligible for these funds and sends a clear signal to the Bureau of Reclamation that the conduit is a priority project.

The board of the Southeastern Colorado Water Conservancy District, conduit sponsor, was dismayed earlier this year when it learned only $500,000 was budgeted for the conduit next year. It is hoping to get at least $3 million for continuing data and design tasks that will lead to construction of the $400 million conduit.

The conduit is the final piece of the Fryingpan-Arkansas Project, authorized in 1962. When complete, the 130-mile pipeline will provide clean drinking water to 50,000 people in 40 communities east of Pueblo.

“For more than five decades, folks in Southeastern Colorado have been waiting for the federal government to fulfill its promise to build the Arkansas Valley Conduit.

That’s far too long for these communities to wait for a reliable source of clean drinking water,” Bennet said.

“I have been proud to work for years to ensure the federal government supports the Arkansas Valley Conduit. This funding brings the people of Southeastern Colorado one step closer to having a clean, safe and reliable source of water,” Udall said.

More Arkansas Valley Conduit funding here and here.


SDS: There is no Plan B — Colorado Springs Business Journal

June 29, 2014
The new north outlet works at Pueblo Dam -- Photo/MWH Global

The new north outlet works at Pueblo Dam — Photo/MWH Global

From The Colorado Springs Business Journal (John Hazlehurst):

CSU’s ongoing billion-dollar bet is the Southern Delivery System. Scheduled to go online in 2016, SDS will convey water from Pueblo Reservoir via a 66-inch-diameter underground pipeline to Colorado Springs. It will expand the city’s raw water delivery capacity by an eventual 55 million gallons per day (MGD), a nearly 50-percent increase in system capacity…

“What we’re hoping for is a record snowpack,” CSU Chief Financial Officer Bill Cherrier said in late March, “followed by a hot, dry summer.”

Cherrier said it with a smile, but he had neatly summarized CSU’s dilemma. Water in the reservoirs must both be replenished and sold. The sell side of the equation is driven by fixed costs, including system maintenance and replacement, energy costs and continuing capital investment. But buyers don’t care about CSU’s problems; they prefer to water their lawns with free water from the skies.

Per-capita water use has dropped sharply in the past 20 years, leading to corresponding reductions in the city’s long-term consumption estimates.

“The Base (i.e. revenue) forecast is for an estimated service area population (city, suburban, Green Mountain Falls, military) of about 608,552 and about 106,000 AF/yr for demand,” wrote CSU spokesperson Janet Rummel in an email. “The ‘hot and dry’ scenario uses the same service area population and estimates about 120,000 AF/yr demand. This particular ‘hot and dry’ scenario equates to an 80 percent confidence interval and adds about 13 percent to annual demands.”

That’s a precipitous drop from the high-side estimate of the 1996 water resources plan, which forecast a population in 2040 as high as 900,000 and water demand of 168,150 acre-feet. The base forecast, at 106,000 acre-feet annually, is only 1,800 acre-feet more than the community used in 2000, 40 years previously.

Does that mean CSU’s water managers dropped $841 million into a new water delivery system that we may not need until 2016? Does this prove that the project, originally conceived to furnish water for the Banning-Lewis Ranch development, is now entirely unnecessary?

Perhaps not…

“SDS is not a short-term solution,” Rummel said in a 2010 email. “The time to build a major water project is not when you have run short of water … [we need] to better prepare our community for drought, climate change and water supply uncertainty on the Colorado River.”

Many factors entered into the decision to build SDS. In 1996, there was no discussion of system redundancy, of having an additional water pipeline that could serve the city in case one of the existing conduits needed emergency repair. But 18 years later, the pipelines are that much more vulnerable to accident or malfunction.

In 1996, population growth and per capita water use were expected to continue indefinitely at historic levels. But they didn’t. Commercial and industrial use declined, and price-sensitive residents used less water. Indoor use declined as well as outdoor, thanks to restricted-flow shower heads and low-flush toilets.

SDS stayed on track. In the eyes of the water survivalists who conceived and created the project, the city’s rights on the Arkansas River had to be developed. They saw long, hot summers in the city and dry winters in the mountains. Opponents could make any arguments they liked, but these five words trumped them all.

Use it or lose it.

Undeveloped water rights are like $100 bills blowing down the street — someone will grab them and use them for their own benefit…

“This will be our last pipeline,” said CSU water resources manager Gary Bostrom. “We will never be able to develop a new water delivery system. When SDS is finished, that’s it.”

Bostrom’s peers in Las Vegas, Phoenix, San Diego and Los Angeles have reason to envy him. Colorado Springs has won the water wars. We’ve bought ourselves decades of time. Whether we save or squander this liquid bounty is up to us.

In 2040, the city may have 30,000 to 50,000 acre-feet a year of unneeded delivery capacity. That cushion will allow for decades of population growth and for the introduction of sophisticated irrigation techniques that will preserve our green city and minimize water use.

In years to come, members of the Colorado Springs City Council will decide how to preserve the city’s future. Will they heed Bostrom’s warning and encourage radical conservation? Will new developments be required to xeriscape, and preserve trees with drip irrigation devices?

More Southern Delivery System coverage here and here.


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