Colorado State Representative Don Coram plans to shutter and restore four uranium mines

From The Durango Herald (Joe Hanel):

The action follows several years of legal pressure by activists on the state and federal government to shut down the old uranium mines that dot the landscape of San Miguel and Montrose counties.A 2008 state law required all uranium mines to meet a higher level of regulatory scrutiny. State mining regulators are now demanding that all mine operators either submit a detailed environmental-protection plan or shut down their mines and reclaim the land.“Economically, it seemed to be more feasible to me to do a reclamation plan. It was strictly a matter of economics,” said Coram, a Montrose Republican whose district includes Montezuma County. Coram’s company, Gold Eagle Mining Inc., bought the mines in 1998. Three are close to the Dolores River at Slick Rock. The fourth overlooks the Paradox Valley in Montrose County. They have been out of operation almost constantly since the early 1980s. The state has given him until May 2014 to finish reclamation of the sites.

But even as they enter the cleanup stage, the mines remain as controversial as ever. A mining watchdog group called Information Network for Responsible Mining, or INFORM, has been hounding Coram and other mine operators, and the group submitted a harsh objection to Coram’s request earlier this year for an extension of his permit to leave the mines idle.“We will not mince words in criticizing the condition of the Slick Rock mines: They are dangerous to public health, to the Dolores River, to wildlife, and to the ecosystem they actively pollute. These mines represent egregious examples of neglect and mismanagement and have been allowed, for many years, to erode their toxic and radioactive contaminants directly into the Dolores,” INFORM’s objection stated.Coram sharply disputes the charges…

Tony Waldron of the Division of Reclamation, Mining and Safety said Coram’s mines are not polluting the Dolores River…

Radiometric readings near the mines show nothing above the natural background levels of radiation.However, stormwater does run off some of the mining waste piles, Waldron said. As part of the reclamation work, Gold Eagle will have to flatten the piles to reduce the risk of tainted water spilling off the site.Other reclamation work includes closing portals, replanting vegetation and removing old buildings.

More nuclear coverage here and here.

San Miguel River watershed: Instream flow right granted in May should keep the river whole from stem to stern

From The Colorado Springs Gazette (Ryan Handy):

One of the last free-flowing rivers in Colorado, the San Miguel will continue to course through the western slope unchecked by mankind, thanks to a May 20 Colorado Water Court ruling granting it protected status. Granted “in-stream flow protection,” the San Miguel will continue to be a natural habitat for three fish species, as well as fuel the down-stream rafting economy, said John Fielder, a landscape photographer and champion of natural resources preservation. “Like the Yampa (River), the San Miguel is one of the last undammed major rivers in the state,” Fielder said.

The in-stream water rights guarantee that no one can take water out of the river, said Rob Harris, a lawyer for Western Resources Advocates, a resources conservation non-profit. Instead, the San Miguel’s water will be preserved for three native fish: the Roundtail Chub, the Flannel Mouth Sucker, and the Bluehead Sucker, Harris said…

To preserve the fish natural habitat, the Colorado Water Conservation Board applied for in-stream flow protection for the San Miguel in 2011, at the urging of Colorado Parks and Wildlife and the Bureau of Land Management. The in-stream protection protects a 17-mile segment of the river, which runs west of Montrose near Naturita.

More San Miguel River watershed coverage here and here.

Western Resource Advocates: Historic Protection Approved for San Miguel River

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

A major portion of the San Miguel River will be permanently protected under a precedent-setting water right after a Colorado Water Court ruling this week. In a ruling signed on May 20, the Water Court for Division 4 ruled in favor of an application for “in-stream flow” (ISF) protection that permanently safeguards a large section of the San Miguel River west of Montrose, Colo. The protection was sought by the Colorado Water Conservation Board (CWCB), and Western Resource Advocates and The Wilderness Society intervened in support of the Board’s application.

“The San Miguel River is one of the last relatively free-flowing rivers in Colorado, and this water right will help ensure that it stays that way for generations to come,” said Rob Harris, Senior Water Attorney with Western Resource Advocates (WRA) and the lead counsel representing WRA and The Wilderness Society. “The Colorado Water Conservation Board recognized early on that this is an incredibly significant protection, and the Board did a great job of working with a diverse community to negotiate an outcome that is truly in the best interests of both the surrounding area and the entire state.”

The Water Court for Division 4 approved the dedication of an in-stream flow protection of up to 325 cfs (cubic feet per second), which amounts to one of the largest river protections in the history of the state—exceeded only by similar protections afforded the much-larger Colorado River (A typical ISF protection accounts for less than 10 cfs). The San Miguel ISF recognizes the importance of keeping water ‘in the stream’ to benefit the natural environment. Healthy rivers also benefit recreation, local communities, and the economy.

“We’re pleased to secure permanent protection for this scenic river in Colorado’s Red Rock Canyon country,” said Harris. “This really is a tremendous accomplishment, and we are incredibly proud to have played a part in the process.”

The CWCB and the Colorado Attorney General’s office amicably concluded negotiations that satisfied nearly every interested party to the case, including the Board of County Commissioners of Montrose County and Tri- State Generation and Transmission Association. Barring an appeal of the Water Court ruling to the Colorado Supreme Court, the May 20th decision concludes a process that began with an ISF application on Oct. 31, 2011.

The location of the San Miguel River protection is west of Montrose, near the town of Nucla.

More San Miguel Watershed coverage here and here.

Telluride’s water system upgrades $500,000 over budget this year

From The Watch (Samantha Wright):

Council had originally budgeted $6.5 million for the 2013 portion of the ambitious project, which aims to provide a state-of-the-art water distribution and treatment system to ensure a reliable, high-quality water supply for the Town of Telluride. This number, however, did not incorporate the so-called Falls Crest Diversion outlined in the Comprehensive Settlement Agreement which the town and Idarado entered into late last year. The agreement brought a 20-year legal battle over water rights between the two entities to an end.

The elaborately engineered Falls Crest Diversion brings one source of water from Bridal Veil Basin via pipeline across the cliff face directly below Bridal Veil Power Station to tie into the tailrace (where another source of water comes out of the turbine). The water then flows into a collection system vertically down toward Black Bear Road, eventually reaching the Pandora Water Treatment Plant currently under construction. The CSA calls for Idarado to contribute about a quarter of the cost for the Falls Creek Diversion – roughly $125,000 – with the Town of Telluride picking up the rest of the tab.

Also not included in original cost projections for 2013 were the “zero-discharge” processes that are an essential part of this project as it has been negotiated in the CSA. Initially, Telluride Public Works Director Paul Ruud explained, the design for the water treatment plant included a discharge component that would release some untreated water into Marshall Creek. The CSA’s zero-discharge requirement scuttled that plan. “There won’t be anything coming out of the plant except clean water,” Ruud explained. “This did add considerably to the expense of the plant.”

Beyond the cost overruns for construction in the current year, council also discussed the fact that the overall construction cost for the project (including the small hydro component) is estimated to come in at around $15 million – significantly more than the $10 million bond approved by Telluride voters to pay for the project in 2005. This money, mobilized in 2010, has gone toward improvement of complicated diversion and conveyance infrastructure over the past two years that is intended to get the water from Bridal Veil Basin to the site of the new Pandora water treatment plant. Last fall, the Telluride Town Council approved an additional $2 million transfer of Real Estate Transfer Tax (RETT) funds from the Capital Improvement Fund to the Water Fund to cover additional costs for the project through 2013…

Despite of the Pandora Water System Project’s hefty and ever-mounting price tag, council generally agreed in the end that it was a price worth paying. “I am thankful that past council members made the decision to get us started,” said Councilor Ann Brady. “Imagine if we were just starting this project, with the climate change we are facing now. Thank goodness the people before us took the step (of securing the $10 million bond). Even though it was skimpy, at least it got us started.”

Clifton echoed Brady’s sentiment, adding, “This will bring the town well into the future in terms of our domestic water supply.”

More infrastructure coverage here.

The proposed Piñon Ridge uranium mill gets state license #ColoradoRiver

Here’s the release from the Colorado Department of Public Health and Environment:

The Colorado Department of Public Health and Environment Radiation Program today announced Energy Fuels Resources Corp. has met all the regulatory requirements for a radioactive materials license for the Piñon Ridge Uranium Mill in western Montrose County, Colo. State law requires the department to approve applications when such requirements are met.

The license was required before Energy Fuels could construct its planned 500-tons-per day uranium/vanadium mill approximately 12 miles west of Naturita, Colo., in the Paradox Valley.

The mill will process uranium ore from mines in the region to produce uranium oxide, which requires additional processing outside Colorado to become fuel for nuclear reactors. The mill also will recover vanadium, a metal used in steel alloys and high-tech batteries.

The license imposes a number of conditions on Energy Fuels involving construction of the mill; the receipt, possession, use and transfer of radioactive materials; and procedures to minimize risks to property and public health and safety, and to prevent loss or theft of radioactive material. Notably, the license requires an enhanced groundwater monitoring plan, subject to annual review.

A separate settlement agreement between Telluride and San Miguel County with Energy Fuels sets up additional protections related to the transportation of radioactive materials, blowing dust and water quality monitoring. In addition to the approximately $13 million financial surety established by the state, this agreement increases Energy Fuels’ total surety to an amount not less than $15 million.

Dr. Chris Urbina, executive director and chief medical officer of the department, said, “With the approval of the license, our work is not done. We will continue to work with the community members and officials to keep them informed of progress.”

During construction and operation of the Piñon Ridge facility, the department’s oversight will continue, including regular inspections and an annual review of the financial assurance. The department expects to have at least one staff member whose primary assignment will include monitoring and inspections of the facility.

Ron Henderson, chairman of the Montrose Board of County Commissioners said, “An exhaustive process has been followed and validated with the approval of this license.”
Montrose Commissioner David White said, “This validates the science behind the application, design and potential construction of the mill. It is a state-of-the-art facility and will benefit the citizens of Montrose County, the state of Colorado and the United States for decades to come.”

The license application was submitted by Energy Fuels on Nov. 18, 2009, and has undergone a thorough technical and regulatory review. Prior to its approval of the license, the department and the applicant conducted eight public meetings in 2010 in Nucla, Naturita, Paradox, Montrose, Telluride and Ophir. And in November 2012, the department held a six-day hearing in Nucla to allow cross-examination of witnesses and to solicit additional public comment. All of the information was thoroughly reviewed by the state’s Radiation Program prior to the decision to grant the license.

The administrative record includes comprehensive reports and comments by engineers, scientists, environmental and business groups, government officials from western Colorado counties and towns, and regulators. Anyone interested can view the department’s Decision Analysis and Environmental Impact Analysis, which includes a copy of the license and the department’s responses to public comments.

Dr. Urbina said, “From the beginning, we have listened carefully to the public and worked with Energy Fuels to minimize risks to public health and the environment. Today’s engineering standards – and strict environmental regulations – far exceed those in place when the last such mill was constructed more than 25 years ago. We are confident these standards and regulations will ensure the safe construction and operation of the facility.”

From the Associated Press (Alexandra Tilsley) The Denver Post:

The Colorado Department of Public Health and Environment issued Toronto-based Energy Fuels a radioactive materials license, clearing the way for the creation of the Pinon Ridge Mill in western Colorado’s Montrose County…

That doesn’t mean construction is imminent. Energy Fuels spokesman Curtis Moore said the company is waiting for the price of uranium to rise. Currently, Moore said, uranium is priced at about $40 per pound, down from about $72 per pound before the disaster at Japan’s Fukushima Plant in 2011. The spot price of uranium was more than $135 a pound when Energy Fuels announced plans for the mill in 2007…

Energy Fuels also plans to open or reopen a number of Colorado mines, Moore said. Those mines are all small—perhaps a few hundred acres in size—and are mostly in areas that have been mined previously. “These are historic mines, historic mining districts. These are not pristine wilderness districts,” Moore said…

Warren Smith, community involvement manager for the Hazardous Materials and Waste Management Division of CDPHE, said importing radioactive waste is not allowed under the license. He notes that waste produced by the mill will be stored in underground cells designed to last at least 200 years. The license carries a number of other environmental safeguards, including requirements that Energy Fuels monitor groundwater for contamination and install fences and wires to keep wildlife away from areas that might have radiation…

Montrose County Commission David White said that most area residents seem assured that the plan is environmentally sound and are excited about the economic possibilities. Once constructed, the mill is expected to create at least 85 jobs, with up to 400 jobs generated by opening additional mines and increasing economic activity, according to Moore.

More Piñon Ridge uranium mill coverage here and here.

Remediation work has been unsuccessful at Silver Bell Mine tailings site

From The Watch (Gus Jarvis):

A settlement was reached late last month between Sheep Mountain Alliance and PacifiCorp that obligates the company to investigate and take further remediation actions on the Silver Bell Tailings located near the Ophir turn on U.S. Hwy. 145.

Since 1998, PacifiCorp has taken voluntary steps to cap, stabilize and clean the mine tailings deposited by the Silver Bell Mill in the 1950s. For the past two years, that completed remediation work on the tailings have been in a monitoring stage. So far, the remediation work has been unsuccessful in keeping the Environmental Protection Agency’s water quality standards for the San Miguel River at acceptable levels.

Roughly one year ago, when, according to Sheep Mountain Alliance Director Hilary Cooper, the organization was “combing” through EPA water data from the San Miguel River, downstream from the tailings, “alarming” records they believed to be Clean Water Act violations turned up.

SMA eventually brought a citizen Clean Water Act lawsuit against PacificCorp , alleging liability due to years of illegal discharges of heavy metals, acidic drainage and other pollutants from the impoundment. All of those mine contaminants, the lawsuit alleged, were flowing out of the Silver Bell Tailings impoundment and into the Howard Fork of the San Miguel River, despite the remediation work that had been completed on the site.

The lawsuit eventually led to a mediation process between SMA and PacifiCorp, resulting in a settlement and a consent decree announced March 21. In the settlement, both parties agreed to use a third-party expert to analyze and recommend a way forward that both parties could agree on. PacifiCorp has agreed to embark on four-step monitoring process of the tailings that will determine where the specific source of the contamination is located; once that is found, PacifiCorp will come to the table with a proposed correction.

“What we believe is that it will lead to a replacement of the tailings cap,” Cooper said. “But this way, with an in-depth analysis of the contamination sources, we think a new cap will be engineered in a way that will have a higher chance at success than what is there right now.”[...]

In addition to the management plan action, PacifiCorp has also agreed to pay $150,000 to the San Miguel Watershed Coalition. Under federal law, polluters found accountable under the Clean Water Act are required to pay funds in lieu of civil penalties toward local watersheds. The funds will be applied to the restoration of the Priest Lake reservoir.

More water pollution coverage here.

Colorado Parks and Wildlife prepares to reclaim Miramonte Reservoir in SW Colorado; bag, possession limits removed

Here’s the release from Colorado Parks and Wildlife:

Illegal stocking of smallmouth bass in Miramonte Reservoir will force Colorado Parks and Wildlife to partially drain the lake and treat it with an organic pesticide to kill all the fish early this fall. Restocking will occur shortly after the treatment is completed.

The good news for anglers is that as of April 1 all bag and possession limits will be removed for smallmouth bass and trout until the treatment begins.

“This emergency public salvage will allow licensed anglers a unique opportunity to catch and keep these fish prior to the treatment,” said Eric Gardunio, aquatic biologist in Montrose.

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

The illegal stocking of smallmouth bass has threatened the trout fishery and crayfish, as well as native fish downstream in the San Miguel and Dolores rivers, prompting action by Parks and Wildlife.

During the salvage anglers must have a 2013 Colorado fishing license and only hook and line methods of take will be permitted. The use of explosives, toxicants, firearms, seines, nets, snagging or electricity is prohibited. Signs will be placed at access points around the lake to notify anglers of this temporary regulation change.

“The trout fishing following ice-off around April 1 should be productive and anglers should take home good numbers of the pink-fleshed Miramonte trout,” Gardunio said.

As the reservoir is drained beginning in May, angler access may become difficult due to exposed mud flats. Boat access will be limited as ramps will eventually become unusable as the water level drops. Interested anglers are encouraged to utilize the fishery early in the year to avoid access issues later in the season.

This emergency salvage is a part of an effort by Parks and Wildlife to maximize angling opportunities in the short term while rebuilding the trout fishery at Miramonte as soon as possible.

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

The chemical treatment, using Rotenone, is scheduled for early fall and the reservoir will be opened for fishing until that time. The date of the treatment will be announced late in the summer. During the treatment the reservoir will be closed for public safety. The reservoir will be drawn down and Rotenone will be applied to the remaining water and feeder streams to kill all of the fish. Rotenone breaks down quickly in the environment and poses no threat to vegetation or non-aquatic species.

Biologists will restock the lake with fish as soon as the pesticide has dissipated; a quick recovery of the trout and crayfish fisheries is expected.

“Miramonte is a very productive fishery where trout can grow ten inches or more in a single year,” Gardunio said. “We expect the catchable and sub-catchable trout we stock following the treatment to be up to quality size within a year of re-stocking.”

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

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

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

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

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

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

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

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

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

To read a full fisheries management report about Miramonte Reservoir, see:
http://wildlife.state.co.us/SiteCollectionDocuments/DOW/Fishing/FisheryWaterSummaries/Summaries/Southwest/MiramonteReservoir.pdf
.

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

San Juans: Just two dust on snow events so far this winter #codrought

From The Telluride Daily Planet (Collin McRann):

One of the leading local climate research entities in the state is the Silverton Center for Snow and Avalanche Studies, which has been conducting research on local precipitation and snowpack for more than a decade. Over the years, the center has accumulated reams of data about the snowpack, and on Friday a researcher presented some of the center’s findings at the monthly EcoAction Roundtable at the Wilkinson Public Library to a crowd of more than 15 people…

Though a lot of climate change research is focused on increasing temperatures, there are many side effects of warmer temperatures that could have a profound impact locally. One of those is dust on snow, which the center has been studying for years. Since 2004, the center has been gathering data on the amount of sunlight radiation reflected from the snowpack at sites in Beck Basin. When the snow is clean it reflects more heat and melts slower, but when covered in dust it melts faster. [Researcher Kim Buck] said almost all of the dust on snow in Colorado comes off of the Colorado Plateau. She said once the dust blows in and gets on the snow, it can speed up the melt dramatically — by an entire month in the spring…

Locally, there have been two dust blow-ins this winter, but they were mild compared with dust storms of the past few years, notably 2009, Buck said…

The center’s and NOAA’s snowpack data shows that this year’s snowpack is lower than last year at this time. According to NOAA information, the snowpack in the San Miguel, Dolores, Animas and San Juan River Basin is around 85 percent of normal. Last year it was slightly higher. Buck said it could be bad news this summer.

“It is extremely unlikely that we’re going to catch up on precipitation,” Buck said “Last year the state was just coming off of that great big water year, so reservoirs were full. This year reservoirs are low and then we’re getting another low snow year back to back. So I think the cities in the Front Range will have a pretty hard time in the summer.”

San Miguel River: Montrose County stipulates out of CWCB in-stream flow case

From the Montrose Daily Press (Katharhynn Heidelberg):

Montrose County has given up its objection to a state filing for in-stream flow rights on the San Miguel River in exchange for the Uravan Trust’s water rights when those become available. County commissioners on Thursday approved a stipulated agreement with the Colorado Water Conservation Board concerning the board’s application for in-stream flow rights.

After a separate and heavily contested 2010 filing, the county obtained water rights on the San Miguel last summer and must meet several benchmarks, including constructing at least one reservoir to capture the water.

More San Miguel Watershed coverage here and here.

Placer mining clubs: ‘We need to work closer with the clubs and a lot of individuals who go out’ — Barbara Sharrow

From The Telluride Daily Planet (Heather Sackett):

Placer mining on the San Miguel River has recently come under the scrutiny of the Colorado Bureau of Land Management, but not for the methods described above [panning, metal detectors]. What the BLM says it’s worried about are suction dredges, which suck up sediment — and gold — from the river bottom, sometimes creating large holes in the process. The operation consists of a gas-powered dredge pump, hoses and a metal sluice box that filters sediment through screens. Sometimes a prospector will don a wetsuit and regulator and get into the water to help guide the hose.

BLM Uncompaghre Field Office Manager Barbara Sharrow says last fall her agency discovered several places where placer miners had been digging and dredging into the riverbanks, causing erosion and in some cases resulting in four-by-five-foot pits. If the holes aren’t filled in, the spring runoff causes the river to widen, Sharrow said. Some holes have been dug underneath trees, making it almost certain they will be washed away. The most popular places for placer mining on the San Miguel — and where the most damage is taking place — are near the Piñon River bridge, the Norwood bridge and around the town of Naturita.

“We are getting into some resource damage there,” Sharrow said. “We need to work closer with the clubs and a lot of individuals who go out. We need to come up with some options.”

To that end, the BLM is currently researching the issue and is planning on meeting with regional placer mining clubs this winter. Grand Junction and Olathe also have clubs. The meetings will also address claims and Sharrow encourages aspiring miners to get maps from the BLM office in Montrose.

[Toby Walker] said members of his club are good stewards of the river, and if they dig holes, they fill them in. The club also helps keep the waterways healthy by walking the banks and picking up trash during every outing, he said. “It just gives us all a bad name,” he said. “The people in our club are great. If they dig any holes, they fill them in. There’s always a bad seed that comes in.”

He said it would be a great idea for the BLM to come and present alongside the geologists, historians and other guest speakers at the group’s monthly meetings. “It would be great if they would come talk to us about the regulations and what they mean,” Walker said.

Sharrow is not against placer mining. But with gold prices high — an ounce is worth nearly $1,700 — the hobby is sure to continue to attract amateur prospectors. She said the activity has gotten more popular since the economy tanked. “It’s kind of a cool activity I think,” Sharrow said. “We need to work with the folks so we are not damaging the resources and we come to a good place there. That’s my goal.”

More restoration/reclamation coverage here.

Norwood and the Lone Cone Ditch Company settle with Telluride over San Miguel water rights application

From The Norwood Post (Patrick Alan Coleman/Katie Klingsporn):

The Town of Norwood along with the Lone Cone Ditch and Reservoir Company reached a settlement with the Town of Telluride over Telluride’s opposition to applications for water rights on the San Miguel river. Norwood’s application, which came as a response to the Colorado Water Conservation Board’s (CWCB) filing for increased in-stream flow to protect fish habitat, was meant to ensure water for 50 years of future growth along the 85 miles of line in the Norwood Water Commission (NWC) district.

The settlement reduces the proposed 16,300 acre-feet of water in five reservoirs proposed in the original cases filed. That amount was based in part on water commission studies suggesting how much water would be adequate for two percent growth in the NWC district up to the year 2060.

Under the proposed settlement, the Norwood Water Commission will withdraw claims for two of the five reservoirs — the Upper Gurley and Huff Gulch reservoirs — as well as the J&M Hughes Ditch enlargement. The NWC will also accept an overall storage capacity limitation of 2,250 acre-feet and a use limitation of 1,000 acre-feet annually. NWC must also select, within 12 years, one of the alternate reservoirs or a combination of them to develop, with a cumulative storage capacity of no more than 2,240 acre-feet, and abandon storage rights for the reservoirs not selected. In addition, the NWC will have to abandon reservoirs for which construction has not begun within 24 years, and forfeit water for which actual uses do not develop by 2060.

The Lone Cone Ditch and Reservoir Company, meanwhile, will limit its use of water stored in the Lone Cone Reservoir enlargement to 1,750 acre-feet, and not sell its stored water allocation to NWC…

According to Norwood Town Administrator Patti Grafmyer, much of the reason for settling with Telluride was due to the expenses that would have likely been incurred by fighting the municipality in water court…

The water fight began shortly after the CWCB announced that it would be filing for increased in-stream flows in 2010. The announcement had counties and towns along the San Miguel river scrambling to file additional rites on streams, tributaries, and storage along the river in order to ensure that their rights would not be junior to those of the CWCB.

Initially affected parties joined together with the Southwestern Water Conservation District who had completed a study detailing how much water would be needed by the communities in the watershed as they grew into the future.

At that time the Town of Norwood was meeting and working in tandem with a coalition that included Nucla, Naturita, their Montrose county representatives and representatives from San Miguel county. The initial plan was for the parties to file for water in conjunction.

In September of 2010, both Montrose county and San Miguel county pulled out of the endeavor due to legal questions and vagaries of the proposed group filing. While Montrose county continued to support its municipalities by pursuing rights for future water, the dissolution of the initial partnership left the town of Norwood on its own with just one month to file before the CWCB.

More San Miguel River coverage here and here.

The Telluride Town Council approves Bridal Veil settlement between the town and Idarado

From The Telluride Watch (Samantha Wright):

The agreement shores up Telluride’s ability to develop a new municipal water supply high above town in Bridal Veil Basin, and streamlines its path toward constructing the new Pandora Water Treatment Plant at the foot of Black Bear Pass.

Idarado, meanwhile, gets assurances that enough water from Bridal Veil Basin will continue to flow into the San Miguel River during low-flow winter months to dilute the zinc discharged by the historic Treasury Tunnel, thus enabling the mining company to adhere to strict state-imposed environmental obligations.

Council also unanimously passed on second reading a related ordinance authorizing the conveyance of certain remedial and residual water rights back to Idarado.

Witnessing the occasion were Larry Fisk, the vice president of Idarado Mining Company, and Jay Montgomery, a Boulder-based water rights attorney who for two decades has captained the town’s complicated legal skirmishes with Idarado.

Telluride obtained extensive water rights in Bridal Veil Basin from the Idarado Mining Co. in the 1992 settlement of a lawsuit arising out of the contamination of wells in Town Park. Over the course of years of legal wrangling, the town won the approval to convert those historic industrial water rights to municipal use.

More San Miguel Watershed coverage here and here.

Crystal River: Momentum building for Wild and Scenic designation

Here’s an analysis of efforts to protect the Crystal River under the National Wild and Scenic Rivers Act from Brent Gardner-Smith writing for The Aspen Daily News. Click through and read the whole article. Here’s an excerpt:

Thirty-nine miles of the Crystal River are already “eligible” for designation under the federal Wild and Scenic Rivers Act. Now four organizations are building local support to determine if much of the river is also “suitable” for protection under the act.

Passed in 1968, the act allows local and regional communities to develop a federally backed management plan designed to preserve and protect a free-flowing river such as the Crystal River, which runs from the back of the Maroon Bells to the lower Roaring Fork River through Crystal, Marble, Redstone and Carbondale.

Wild and Scenic status, which ultimately requires an act of Congress to obtain, prevents a federal agency from approving, or funding, a new dam or reservoir on a Wild and Scenic-designated river.

And that’s one big reason why Pitkin County, the Roaring Fork Conservancy, the Crystal Valley Environmental Protection Association (CVEPA) and American Rivers are exploring Wild and Scenic status for the Crystal — because it would likely block a potential dam and reservoir from being built at Placita, an old coal town between Marble and Redstone.

The West Divide Water Conservancy District and the Colorado River District are fighting to retain conditional water rights that could allow for a dam across the Crystal and a 4,000-acre-foot reservoir.

The river district says such a reservoir could put more water in the often parched lower Crystal River in the fall and could also provide hydropower…

Chuck Wanner, a former Fort Collins city council member, said at the meetings that it took 10 years to get sections of the Cache La Poudre River on the Eastern Slope designated under Wild and Scenic.

Today, that’s the only river in the state that carries the designation and no river in the vast Colorado River basin is officially Wild and Scenic.

When asked about that via email, Ely of Pitkin County said he thought Colorado had only one designated river because of the “lack of information as to the benefits and restrictions of the designation, and the time and dedication it takes to get it through Congress.”

Another reason may be that once a river is designated Wild and Scenic, the federal government becomes a stakeholder on the river and has a chance to review potential changes to it, such as any new water rights. Some may feel that Colorado water law is complicated enough already.

And then there is the fact that designation eliminates the possibility of federal funding for future water projects, which can dampen the enthusiasm of most cities, counties and water districts.

Whatever the reasons for scarcity in Colorado, Pitkin County is ready to lead a Wild and Scenic process for the Crystal River.

“I think the Crystal has the potential to be a nice clean straightforward effort because there are no out-of-basin uses yet,” Ely wrote. “If there is interest in going forward, we’re happy to be the laboring oar and do that work.”[...]

While today only the Cache la Poudre River has stretches that are designated under the Wild and Scenic Rivers Act, the BLM is preparing a suitability study on a number of area river stretches.

A final EIS is expected to be released in early 2013 by the BLM’s Colorado River Valley Field Office followed by a record of decision in 2014 for the following rivers and river sections:

• Abrams Creek

• Battlement Creek

• Colorado River — State Bridge to Dotsero

• Colorado River — Glenwood Canyon to approximately 1-mile east of No Name Creek

• Deep Creek — From the BLM/Forest Service land boundary to the Deep Creek ditch diversion

• Deep Creek — From the Deep Creek ditch diversion to the BLM/private land boundary

• Eagle River

• Egeria Creek

• Hack Creek

• Mitchell Creek

• No Name Creek

• Rock Creek

• Thompson Creek

• East Middle Fork Parachute Creek Complex

• East Fork Parachute Creek Complex

For more information on regarding Wild and Scenic suitability on these rivers, search for “Colorado River Valley Draft Resource Management Plan,” which will lead you to a BLM website that contains the draft EIS document.

The BLM is also reviewing a number of stretches on major rivers in Colorado, either for eligibility or suitability, including:

• Animas River

• Dolores River

• San Miguel River

• Gunnison River

• Colorado River

• Blue River

In all, according to Deanna Masteron, a public affairs specialist with the BLM in Lakewood, the BLM is currently analyzing more than 100 segments in Colorado through various land-use plans. The Forest Service also has the ability to analyze rivers for Wild and Scenic designation.

More Wild and Scenic coverage here and here.

Idarado and Telluride find their way to a settlement agreement

From The Telluride Watch (Samantha Wright):

If council approves the settlement agreement, which it anticipates doing at its next meeting on Tuesday, Dec. 11, it will put an end to a decades-long legal battle between the town and Idarado (Idarado’s parent company is the Newmont Mining Corporation) over the town’s water supply, and streamline the path toward constructing the new Pandora Water Treatment Plant, ensuring Telluride a plentiful municipal water supply well into the future…

Telluride Town Attorney Kevin Geiger described the process of reaching the settlement agreement as “one of the more intensive engineering and legal efforts the town has ever undertaken…

The agreement addresses ways in which the Bridal Veil Water System can be improved and enhanced so that yield can be increased for the benefit of the Town of Telluride and Idarado.

One of the key issues it resolves is the timing of how the town can operate its projected Pandora Water Treatment Plant to meet the its demands and still be sensitive to environmental concerns Idarado continues to address with the State of Colorado, including keeping zinc levels in the San Miguel River at acceptable levels.

Basically, the town has agreed to take less water (.8 cubic feet per second, or about a half-million gallons per day) from Bridal Veil Basin in the winter months. This amount of water can be supplemented with water from its current municipal water treatment plant at Mill Creek, which has a maximum capacity of 1.5 cfs.

If the town’s demand is still not met, it retains the right to go back to Bridal Veil Basin to satisfy the rest of its demand. In the winter months, peak demand in Telluride currently spikes at about 1.1 cfs so the town would still be drawing 70 to 80 percent of its water out of Bridal Veil Basin…

Idarado, meanwhile, has given the town greater flexibility to draw basically as much water as it needs out of Bridal Veil Basin to meet its summer demand which currently peaks at 1.9 cfs.

One of the benefits Idarado is offering the town in exchange for the timing restrictions is a million dollars’ worth of infrastructure improvements to maximize the efficiency of the historic Bridal Veil Water System, some components of which date back to the 1880s. Idarado has also agreed to assume full responsibility for maintenance of upper reaches of the system above the Bridal Veil Powerhouse.

Idarado is also allowing the town to incorporate a hydroelectric element into its new Pandora Water Treatment Project. Previously, the company did not consent to the proposed hydro design. Now, under the terms of the settlement agreement, Idarado has given a thumbs-up to hydro as a permitted use, and has also given authorization to combine its own water with the town’s, to double the amount of water going through the system and generate more electricity at no cost to the town.

The term of the agreement is 20 years, but after year 10, there are mechanisms in the settlement agreement to increase the town’s draw on water if it experiences a spike in demand. These mechanisms are not tied to Idarado’s zinc compliance issues…

The crown jewel of the Bridal Veil Water System is Blue Lake, a pristine mountain lake that is 330 feet deep and holds 6,000 acre feet of water. The water flows into the Bridal Veil Hydroelectric Plant via a network of historic pipelines, diversion and conveyance structures associated with the senior water rights that Idarado and the town now share at a ratio of about 60/40.

Telluride obtained extensive water rights in Bridal Veil Basin from the Idarado Mining Co. in the 1992 settlement of a lawsuit arising out of the contamination of wells in Town Park. Over the course of a decade of legal wrangling, the town won the approval to convert these historic industrial water rights to municipal use. These senior water rights, which include a portion of the tremendous water storage capacity of Blue Lake, enabled Telluride to eventually develop the Pandora Water Treatment System now under construction which is capable of delivering pristine mountain water to its citizenry.

More coverage from Katie Klingsporn writing for The Telluride Daily Planet. Here’s and excerpt:

The water dispute is rooted in a long history of settlements, environmental mandates, water rights and expansion plans.

In the late ‘80s, the state of Colorado brought a lawsuit against Idarado related to environmental issues left from its past mining activities. In a settlement reached in that case, Idarado was required to perform certain environmental remediation activities and keep the water in the San Miguel River to certain standards.

Around the same time, the town noticed pollution in Town Park wells and also asserted claims against Idarado. In 1992, the town and Idarado entered into a settlement agreement. In an effort to put to bed the potential town lawsuit and to seek the town’s approval of the settlement with the state, Idarado offered to provide the town water rights and water structures in Bridal Veil basin as an alternative municipal water supply.

In 2005, the two parties entered into another agreement. This time, Idarado offered to convey a two-acre site near the Pandora Mill to the town, which the town is planning to use for the site of its new water treatment plant. The plant is part of a years-long plan to ensure that the town has a enough water to meet its future needs.

But around 2007, Idarado began expressing concerns about how the town’s proposed water draws for the treatment plant would impact its ability to comply with the state’s water quality standards. The water draw, according to Idarado, could adversely impact its compliance, triggering significant and costly obligations for the company.

That issue has been at the center of the town’s negotiations with Idarado. And after two years of extensive talks, the two parties have chiseled out a settlement…

“It basically sets up a priority system,” [Town Attorney Kevin Geiger] said.

More San Miguel River Watershed coverage here.

Piñon Ridge uranium mill hearing recap

From email from the Sheep Mountain Alliance (Hillary White):

After opening statements by all the parties kicked off the proceedings on Wed., Frank Filas, Environmental Project Manager for Energy Fuels took the stand and remained there through most of today. Mr. Filas’ testimony generally covered the entire length of the application submitted by Energy Fuels and set up the opportunity for SMA’s experts to point several deficiencies during the next few days. Matt Sandler for Rocky Mountain Wild conducted his cross examination today focused on wildlife impacts and NEPA and ESA adherence.

After Mr. Filas the focus turned to air quality impacts. Dr. Craig Little, a health physicist and radio ecologist who did the air dispersion modeling for Energy Fuels took the stand. It was a rather technical discussion and seemed to leave more questions than answers. Main questions surrounded the type of modeling used and if it could adequately address long distance impact determinations.

Next, Nancy Chick who works for the State in the Air Pollution Control Division (APCD) was called. As an aside, the APCD has been processing Energy Fuels air quality permit, a necessary part of the license for several years. The department has sent data and modeling back to Energy Fuels several times and analysis is ongoing but somewhat on hold according to the department. Ms. Chick testified to the data she has considered to date…

During the first 2 days there have been many strong comments helping SMA establish that record. We know the residents of the West End deserve good jobs and a healthy economy, but if they want a uranium mill to provide that for them we much know the cost of that mill not only to their communities but to the surrounding ones as well. Without the real costs and analysis of real impacts no one can make an informed decision.

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

Two days before the Colorado Department of Public Health and Environment began a new public hearing process over Energy Fuels, Inc.’s application for a radioactive materials license to build the proposed Piñon Ridge Uranium Mill, a group of residents who live near the Cotter Uranium Mill/superfund site in Cañon City sent a letter to Judge Richard Dana over concerns about the state’s ability to provide adequate over a new uranium mill.

The letter from the Colorado Citizens Against Toxic Waste group, a nonprofit organization, was sent to Dana on Monday. Dana is presiding over the hearing, which began in Nucla Wednesday evening.

The members of the group, who live near the Superfund site in Cañon City, stated in their letter that their concerns about the new Piñon Ridge mill stem from years of experience in dealing with CDPHE regulators on the Cotter Mill cleanup, which has been managed by the state since the late 1980s.

“Our biggest concern is that our state does not have the staff or the resources devoted to regulating a site like this, and that is where a lot of problems will come from,” the group’s co-chair Sharyn Cunningham said in a telephone interview Monday. “If the mill is built, and once they find contamination – and they will – our concern is whether or not the people living nearby will be protected by the state agencies.

“I do not believe they will be protected.”

More coverage from Heather Sackett writing for The Telluride Daily Planet. From the article:

About 25 audience members filtered into the wood-paneled room for the last hour of the hearing, which had been set aside for public comment. Placerville resident Dan Chancellor said his father’s home near Grand Junction had been built on a pile of mine tailings. At age 58, his father died of a type of lung cancer associated with radioactive materials, he said.

“Will you fail again to protect me and my family?” Chancellor asked. “There is no guarantee about jobs.”

But Ayngel Overson, a lifelong resident of Nucla, echoed a point of view held by many in the economically depressed West End. She said her grandfather was a uranium miner, and that the mill opening represents jobs in the rural area. She choked up as she described a community in decline and how graduating classes at Nucla High School have dwindled to around a dozen. She addressed her comments to those opposing the mill.

“For five years we have been waiting for jobs,” Overson told the crowd. “We can’t make it anymore … Right now, this is all they’ve got. Uranium doesn’t scare us. It’s something we’ve learned to live with. You are stopping people from surviving.”

But the aim of the four-day hearing, which continues through Monday, is not to argue the merits or dangers of the proposed mill. The purpose of the long-anticipated hearing, held at the Loyal Order of the Moose Lodge in Nucla, is for Toronto-based Energy Fuels, Inc. to supplement its application for a radioactive materials license and to give those with party status the opportunity to cross-examine the company’s representatives.

More nuclear coverage here and here.

CDPHE: Hearings for the proposed Piñon Ridge uranium mill on Wednesday

From The Telluride Daily Planet (Collin McRann):

The hearings are set to begin Wednesday morning and could run through Nov. 13. They will be held each day at the Moose Lodge in Nucla from 8:30 a.m. to 5:30 p.m. with public comment set to start at 4 p.m. The hearings are the result of a lawsuit filed against the state agency that issued the licence, and represent another chapter in the divisive issue of uranium development in the region…

Parties will be presenting verbal arguments for and against the mill’s license to Richard Dana, who is the appointed hearing officer on the issue. Dana has been chosen by the state to act as an independent party between the different interests involved with the Piñon Ridge uranium mill project. The hearing format will consist of arguments and cross-examination from lawyers representing different parties of interest, statements from industry specialists and other experts as well as a section for members of the public to make their points…

Following the hearings, Dana will submit his recommendations and findings on whether or not the Colorado Department of Public Health and Environment should issue the license. But the CDPHE will make the final decision on the license next spring with a final statement due by April 27.

More Piñon Ridge uranium mill coverage here. More nuclear coverage here and here.

Colorado Water 2012: A look at the basins of Southwestern Colorado

Here’s the latest installment of the Valley Courier’s Colorado Water 2012 series, written by Bruce Whitehead. Here’s an excerpt:

Southwestern Colorado’s rivers are unique in that many of the rivers and tributaries flow from north to south and are administered as independent river systems.

This is due to the fact that many, such as the Navajo, Blanco, Piedra, Pine, Florida, Animas, La Plata, and Mancos Rivers, are tributary to the San Juan River in New Mexico or just upstream of the state line. The Dolores River flows from north to south, but makes a “U-turn” near Cortez and heads back to the northwest and joins the Colorado River in Utah. The San Miguel River originates just above Telluride, and flows to the west where it joins the Dolores River just above the Colorado-Utah state line.

The southwest basin has many areas that are under strict water rights administration on a regular basis, but there is still water available for appropriation and development pursuant to Colorado’s Constitution and the Colorado River Compact. The region is also known for its beautiful scenery and recreation opportunities, which is the basis for the establishment of the Weminuche Wilderness area as well as nearly 150 reaches of streams with in-stream flow water rights. Over 50 natural lake levels are also protected by the state’s In-Stream Flow and Natural Lake Level Program.

Water leaders have been active for many years in the basin and recognized early on that in order to meet agricultural and municipal demands storage would need to be developed. The Southwestern Water Conservation District was formed in 1941, and has been responsible for the planning, development, and water rights acquisition for many of the federal projects in the region. Reservoirs such as McPhee (Dolores Project), Jackson Gulch (Mancos Project), Ridges Basin a.k.a Lake Nighthorse (Animas-La Plata Project), Lemon (Florida Project), and Vallecito (Pine River Project) provide for a supplemental supply of irrigation and municipal water in all but the driest of years. The delivery of these supplemental supplies assists with keeping flows in many critical reaches of river that historically had little or no flow late in the season due to limited supplies and water rights administration.

Southwest Colorado is also home to two Sovereign Nations and Indian Reservations that were established by treaty in 1868. Under federal law the Ute Mountain Ute Tribe and Southern Ute Indian Tribe were entitled to federal reserved water rights, which had the potential to create conflicts with Colorado water law and non-Indian water users in the basin. After nearly a decade of negotiations, a consent decree was entered with the water court that settled the tribal claims. The Tribal Settlement included some early dates of appropriation for the tribes, and a water supply from some of the federal storage projects including the Dolores, Animas-La Plata, Florida, and Pine River Projects. This landmark settlement is evidence that both tribal and non-Indian interests can be provided for with water storage and cooperative water management.

More Colorado Water 2012 coverage here.

Restoration: Cutthroats were recently seen doing backflips from joy in their restored habitat at Woods Lake

From The Telluride Watch (Gus Jarvis):

Once the population is established at Woods Lake, the habitat will provide the broodstock, which will eventually assist in cutthroat conservation efforts throughout the Dolores and Gunnison river basins. To make sure a healthy population of cutthroats survive at Woods Lake, Kowalski said, biologists will go back to the lake in the summer of 2013 and release several thousand fry, which, along with the spawning adults released in 2012, will make for a healthy and diverse population.

“We’ll do that to give us multiple age classes of fish and to provide good genetic diversity,” Kowalski said. “The biggest thing for us now is getting the population built up, so there’s plenty of fish for anglers to catch. The cutthroat should do great in this habitat. The lake has been fishless for two years and the aquatic invertebrates have exploded, so the lake is full of food for them. Essentially we have taken these fish confined to a tiny little stream and placed them into a wide, open habitat with no competitors.

“They should have excellent growth up there.”

Kowalski said anglers can expect to start catching cutthroat trout in the summer of 2013 from Woods Lake, but it will be a couple of years before there are large numbers of older-age fish to catch. Anglers are encouraged to release all fish they catch for the next couple of years to allow the population to grow. Fishing in the lake and streams above is restricted to artificial flies and lures only.

More restoration/reclamation coverage here.

All objectors have stipulated out of San Miguel County’s water rights application

From the Montrose County Daily Press (Katharhynn Heidelberg):

District Judge J. Steven Patrick on Wednesday signed an order approving stipulations between the county, the Colorado Water Conservation Board and the state and division engineers. Patrick must yet issue a formal decree, which is expected soon.

The county filed in 2010 for water rights on the San Miguel River and said it acted quickly so that its application could come in ahead of the Colorado Water Conservation Board’s. Initially, the county wanted up to six reservoir sites and several thousand acre-feet of water. Controversy arose after environmental groups questioned the overall plan as a “water grab” and others raised questions about eminent domain.

More San Miguel River Watershed coverage here and here.

Restoration: CPW reintroduces cutthroats to Woods Lake

From The Telluride Daily Planet (Collin McRann):

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

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

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

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

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

More restoration coverage here and here.

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

From the Montrose Daily Press (Katharhynn Heidelberg):

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

More San Miguel River watershed coverage here and here.

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

From The Telluride Daily Planet (Katie Klingsporn):

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

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

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

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

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

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

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

More San Miguel River watershed coverage here and here.

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

From The Telluride Daily Planet (Collin McRann):

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

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

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

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

More restoration/reclamation coverage here and here.

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

From the Telluride Daily Planet (Katie Klingsporn):

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

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

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

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

More infrastructure coverage here.

Illegal Stocking Hits Miramonte Trout Fishery: Rotenone to the rescue

Here’s the release from Colorado Parks and Wildlife:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

More restoration coverage here and here.