Durango: McElmo flume presentation planned (Saturday)

July 11, 2014
McElmo Creek Flume via the Cortez Journal

McElmo Creek Flume via the Cortez Journal

From the Cortez Journal:

The public is invited to a “Saturday Seminar” at the Animas Museum on Saturday, July 19 at 1 p.m.

Linda Towle will present “Saving the McElmo Creek Flume: Water History of the Montezuma Valley.”

Towle is chairman of the Cortez Historic Preservation Board. The Animas Museum is at 3065 W. 2nd Ave. Information: 259-2402.

More San Juan River Basin coverage here.


Montezuma County settles on BLM Canyons of the Ancients water court case

June 16, 2014

laplatasfromroadt

From the Cortez Journal (Jim Mimiaga):

Montezuma County has bowed out of a complex water dispute on Canyons of the Ancients National Monument, but negotiated stipulations on water use for Yellow Jacket Creek.

In 2009, the monument purchased an inholding – the 4,500-acre Wallace Ranch – for $3.3 million. The property came with a conditional water right of 5.25 cubic feet per second from the intermittent desert stream.

The county, along with Southwest Colorado Landowners Association and Water Rights Montezuma, opposed a routine water-court procedure by the BLM regarding the due diligence on eventual use of the water rights.

“When the BLM acquires conditional water rights, they file for a six-year diligence period, an internal process that gives us time to determine how the water will potentially be used,” said Roy Smith, a BLM water specialist…

The county has been critical of the monument buying private inholdings, fearing it will diminish historic ranching opportunities in that area.

Commissioner Keenan Ertel argued that Article 1, Section 8, of the U.S. Constitution requires the state legislature to approve federal purchase of private property. Permission was not granted by the state, and BLM officials do not believe it is necessary.

The BLM filed a request for summary judgment on the case May 30, which asks the Durango water court judge Greg Lyman to rule in favor of the BLM because the objectors’ legal dispute is presented in the wrong court venue. The decision is pending, and if denied would trigger a trial.

The BLM argues due-diligence procedures have narrow parameters in water court and that those specific facts are not disputed in the case. Special Assistant U.S. Attorney Kristen Guerriero states claims of objectors are irrelevant in water court.

“Specifically, opposers assert Constitutional claims alleging that the United States does not have authority to purchase property own water rights in any state,” writes Kristen Guerrieo, Special Assistant U.S. Attorney. “These are not claims that challenge the validity of BLM’s diligence activities, but rather reflect Opposers’ desire to utilize the Water Court proceeding to advance other objectives.”

Montezuma County officials want water use out of Yellow Jacket creek to be decided on sooner than within the 6-year period requested by the BLM.

“They need to have a plan on what they will do with that water,” said commissioner Ertel.

Montezuma County attorney John Baxter told the commissioners the stipulation agreement drops them as official objectors in the BLM request for the six year diligence period on the Yellow Jacket water rights. But they will still have a say on how the water should be used when the BLM seeks absolute status of those water rights.

“Whether we win or not, they still have to go through us when they perfect the rights,” he said. “The BLM wants to kick the can down the road,” on deciding how to use the water.

The stipulation agreement states that when Yellow Jacket water rights are converted from conditional to absolute they can only be used for public recreation, BLM housing facilities, fire suppression, irrigation use, and livestock use. It further stipulates the water cannot be used to grow crops, that what is not used be available for downstream users, and that the BLM does not file applications to convert the water to instream flow uses or for uses on other properties.

Remaining objectors in the case, Southwest Colorado Landowners Association and Water Rights Montezuma, have until June 24 to respond to the request for summary judgement filed by the BLM.

More water law coverage here.


Montezuma County: Non-hazardous waste from the Red Arrow Mill to local landfill?

May 19, 2014
Red Arrow Mill site Mancos via The Durango Herald

Red Arrow Mill site Mancos via The Durango Herald

From the Cortez Journal (Mary Shinn):

The Montezuma County landfill has taken a proactive measure to help save taxpayers any unnecessary expense when disposing of nonhazardous waste from the Red Arrow mill in Mancos.

Landfill manager Deb Barton recently requested clarification from the U.S. Environmental Protection Agency about accepting any non-hazardous waste from the federal Superfund site. Acting as a concerned citizen, Barton said she sought the clarification in order to help lower waste disposal transportation costs associated with the cleanup effort.

“Why pay an extra 50, 60 or 70 miles of transportation when we’re basically 20 miles from Mancos?” she asked. “If this will reduce the cost to taxpayers, isn’t that my responsibility as a citizen?”

“The EPA is going to tear down everything at the mill, and they would like to keep any non-hazardous material as close as possible,” she said.

After an environmental investigation by state authorities, the EPA issued a temporary 60-day permit for the landfill on Feb. 28. Barton said state and federal laws prohibit the landfill from accepting anything but non-hazardous and non-liquid waste only.

“We’ve been certified to meet EPA standards,” said Barton. “Does that mean they can bring the material to me willy-nilly? No. They have to prove that it is non-hazardous.”

Barton said a certified EPA lab report stating the waste was not hazardous would have to be produced before receiving any non-hazardous waste from Red Arrow. Any mercury tainted waste from the milling site must be less than 0.2 parts per million, and any lead or arsenic polluted material must be less than 5 parts per million, she said.

“The EPA will test everything that comes out of the milling site, because they don’t want another Superfund site along the way,” Barton said. “The EPA would not allow any waste to come that doesn’t meet their standards, so I’m not going to screw the pooch either.”

Because of the EPA lab results, Barton said she remained confident that no hazardous material would ever enter the local landfill. She added that nearby archeological sites, ranchers and ordinary citizens also have nothing to fear.

“If the waste doesn’t have that EPA lab report, then it will be going someplace else,” Barton said. “I’m not going to take any hazardous material.”

More Montezuma County coverage here.


Cortez: Rate hikes cost sanitation district board incumbents their elected jobs

May 7, 2014

sleepingutemountainapril2005

From the Cortez Journal (Toby Baker):

All three challengers to the Cortez Sanitation District were elected Tuesday, forcing both incumbents out of office.

Unofficial results for Tuesday’s mail-in ballot election reveal that board president Dave Waters and board member David Kimble were removed from office. They received 394 and 367 votes, respectively.

Challengers Ryan Griglak, Tim Robinson and Ray Fox received 590, 695 and 704 votes, respectively. They will serve four-year terms.

Reached via telephone Tuesday evening, The Cortez Journal broke the news to Fox.

“I’m pleased,” he said immediately. “Obviously, I wanted to get on the board.”

Fox said he was also happy to hear that Griglak and Robinson would be joining him on the board, adding that they all face a learning curve.

“I’m looking forward to the challenge,” Fox said. “Hopefully we can move things in the right direction.”

Attempts to reach Griglak and Robinson for comment were unsuccessful Tuesday evening.

The total number of ballots mailed versus cast was also immediately unavailable.

More San Juan River Basin coverage here.


Tougher floodplain rules for Montezuma County

March 2, 2014

La Plata Mountains from the Great Sage Plain

La Plata Mountains from the Great Sage Plain


From the Cortez Journal (Jim Mimiaga):

New floodplain regulations were implemented in Montezuma County Jan. 13 to comply with higher standards established by the Colorado Water Conservation Board.

Colorado adopted rules to provide increased floodplain management standards in order to help communities prepare, plan for, respond to, and mitigate the effects of future flood damage.

The main change for the county, explained community services director James Dietrich, will be for critical facilities. If in a designated flood plain, those structures must now be built 2 feet above the base-flood elevation instead of the previous 1-foot standard.

Critical facilities include hospitals, schools, nursing homes, daycare facilities, power stations, and government/public buildings.

Building regulations for non-critical facilities in the floodplain did not change from the 1-foot over the base-flood elevation. Also, there were no changes to the county floodplain boundaries.

More Montezuma County coverage here.


Montezuma County: The State Historical Society ponies up $125,000 for restoration of the McElmo Flume

February 10, 2014

McElmo Creek Flume via the Cortez Journal

McElmo Creek Flume via the Cortez Journal


From the Cortez Journal (Jim Mimiaga):

The State Historical Society announced this week it has awarded Montezuma County, which owns the Flume, $125,000 to restore and stabilize the foundation of the unique structure…

A $40,000 local match is required, and $17,500 has been raised, $15,000 from the Southwest Water Conservation Board, and $2,500 from Montezuma county.

“There is about $23,000 outstanding so we need more fundraising efforts in the next 3 to 4 months,” Towle said, adding that the State Historical Society is flexible on their deadline “as long as we are making progress.”

The grant money and matching funds will be used to repair braces on the south end of the structure. Old concrete will be removed from steel supports to repair corrosion and new concrete will be poured. The area will be graded and contoured so the flume rests on stable ground.

Once the match is raised, the project will go through a county competitive bid process.

The McElmo Flume No. 6 operated up until the mid-1990s, explained John Porter, president of the Southwestern Water Conservation Board. The old water delivery line was replaced by the Towaoc Canal and underground piping of the Dolores Project.

Fifteen years ago, a flash flood damaged a portion of the flume and undermined the foundation…

The flume system has a long and somewhat tumultuous history in the Montezuma Valley, he said.

In the late 1800s, the federal government gave the land to private companies who developed irrigation systems for new farms that spurred the city of Cortez. Once water was delivered, the irrigation companies sold the land to recoup their construction costs…

The flume is on the National Register of Historic Places and is adjacent to Highway 160, part of the Trail of the Ancients Scenic Byway. The organization has been awarded a $252,631 grant from the Federal Byways Program to construct a pullout and interpretive panels about the flume…

“It’s a symbol of the heritage of this valley,” Porter said. “Irrigation is what brought the population here, so it ought to be preserved.”

More San Juan Basin coverage here.


The McElmo Flume restoration project scores $15,000 from Southwestern Water

January 4, 2014
McElmo Creek Flume via the Cortez Journal

McElmo Creek Flume via the Cortez Journal

From the Cortez Journal (Jim Mimiaga):

The McElmo Flume restoration project gained some traction recently when the Southwestern Water Conservation District board agreed to contribute $15,000 in matching funds pending approval of a grant.

Montezuma County has applied for a $122,700 grant from the Colorado State Historic Fund to repair the flume’s foundation.

If approved in February, a 25 percent match of $41,000 is required by May.

The county has agreed to pitch in $2,500 toward the match if awarded the funds.

“We’re looking for another $24,000 in matching funds if the grant is approved,” said Linda Towle, a historic-site advocate and volunteer. “We will continue our fundraising efforts.”

Built in the 1880s, the wooden flume was a marvel of engineering, delivering water to Towaoc and area ranches. It operated until 1992 but was replaced by the concrete canals of the McPhee Project and has since fallen into disrepair.

More San Juan Basin coverage here and here.


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