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

From The Pueblo Chieftain (Chris Woodka):

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

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

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

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

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

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

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

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

More Flaming Gorge Task Force coverage here.

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

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

From The River Blog (Jessie Thomas-Blate):

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

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

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

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

More Flaming Gorge Pipeline coverage here and here.

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

From The Pueblo Chieftain (Chris Woodka):

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

More Flaming Gorge Task Force coverage here.

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

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

Recommendations

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

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

The goal is to minimize the risk of a Compact call.

An M&I gap exists and needs to be filled. Some of the water needed to fill that gap may come from the Colorado River. That portion of the gap that is not satisfied by identified projects or processes, conservation, or new supply will likely come from the change of agricultural water to municipal and industrial use.

The current legal framework will apply.

All roundtables are affected by a new supply project.

This process would be voluntary. An inability to complete the process (all STOP signs in the complete framework) means that proponents revert to “business-as-usual” for building a new project.

More coverage from KUGR News:

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

More Flaming Gorge Task Force coverage here.

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

Click here to read a copy.

More Flaming Gorge Task force coverage here.

IBCC: Should Colorado take a more active role in the Flaming Gorge Pipeline?

Here’s the meeting summary from email from Heather Bergman. Here’s an excerpt:

After the last meeting, Jacob Bornstein and Tim Murrell conducted research on state involvement in water projects in Colorado and other states in West. Jacob and Tim presented information to Committee members regarding the role of the following states in existing and future new supply projects: Arizona, California, Colorado, Kansas, New Mexico, Texas, Utah, and Wyoming. Following the Committee members’ discussion about this presentation, they considered the pros and cons of the State of Colorado having a role in a potential Flaming Gorge project. This information was provided as research only and was not intended as support for a particular type of state role in a water project in Colorado…

Based on Committee members’ discussion regarding potential options for a State role in water storage projects, most of the group agreed that the State is currently doing well with its overall involvement in water project planning, development, and implementation. However, Committee members discussed potential expansions or improvements that could be made to the State’s function in the areas of leadership, research, and coordinating efforts related to new water projects in Colorado. Several other ideas for how the State could improve its role in water projects emerged during the Committee’s discussion…

More Flaming Gorge Task Force coverage here.

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

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

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

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

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

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

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

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

More Flaming Gorge Pipeline coverage here and here.

Douglas County: Sun Resources (Phil Anschutz) plans to mine 15,000 acre-feet a year from the Denver Basin aquifer system

From The Denver Post (Bruce Finley):

Rights to the water were acquired by billionaire Phil Anschutz last year, and one of his companies, Sun Resources, is building wells that could pump as much as 15,000 acre-feet of water per year from Denver Basin aquifers. That’s enough water to sustain 30,000 houses, though Sun Resources chief executive Gary Pierson characterized the drilling as exploratory.

“We have not made any arrangements for the water at this point,” Pierson said…

Two production wells — 1,450 and 1,800 feet deep — were nearing completion this week. A 2009 document obtained by The Denver Post proposed 35 production wells and shows water being moved to cities and communities through pipelines, including one leading to Sterling Ranch, a planned $4.3 billion, 12,050-house development south of Chatfield State Park…

State water authorities this year issued permits allowing Sun Resources to drill two production wells under the Greenland open space. A 1995 water-court decision established rights to 1.5 million acre-feet of water under the 7,640-acre Greenland Ranch. Anschutz acquired those rights last year in a purchase of assets from the Gaylord family of Oklahoma…

South-metro water providers relying on finite underground sources have declared a mission of shifting to renewable water from snowmelt and rivers, said Eric Hecox, director of the South Metro Water Supply Authority. “That doesn’t mean they have to be 100 percent off the Denver Basin aquifer water,” Hecox said. “What we would like to do is use the Denver Basin in a different way, as a drought supply.

More Denver Basin Aquifer system coverage here and here.

Douglas County aims to file an appeal of the recent ruling about the Sterling Ranch development

From the Denver Business Journal (Cathy Proctor):

“The board will appeal the judge’s decision directly to the Court of Appeals,” county spokeswoman Wendy Holmes said Tuesday. The board voted unanimously to appeal 18th Judicial District Judge Paul King’s decision and has 45 days to file the appeal, she said.

Meanwhile, here’s an analysis of the reality of growth and development along the Front Range, from Bart Taylor writing for the Planet Profit Report. Here’s an excerpt:

Despite protests of the Denver Post, King’s decision isn’t an indictment of Sterling Ranch, but a reasonable reading of a statute.

The proposed community southwest of Denver has been lauded as a water-efficient, sustainable community of the future, but it’s also a poster child for the challenge facing the south metro area of Colorado’s Front Range. Most Douglas County communities south of Denver rely on non-renewable, diminishing aquifers. By Douglas County standards, Sterling Ranch has lined up a diverse supply, including an agreement to buy 190 million gallons of water annually from close neighbor Aurora to support the 12,000 or so homes planned for the community. King said it wasn’t enough.

As a result, Colorado’s business leaders would do well to contemplate a pro-business water platform around which economic interests can rally.

Harold Smethills, the development’s managing partner, promised to move ahead. King’s decision seemed to surprise others. David Tschetter, chairman of the Colorado Association of Homebuilders, told the Denver Post the ruling “will have a negative impact on development, no question…Who knows what water-usage needs are going to be 30 years from now?”

But if pressed, Tschetter would agree that Douglas County’s water problem is spooking development, King’s ruling notwithstanding. Despite membership in a loose coalition called the South Metro Water Supply Authority, most communities in DC are pursuing their own water plans. Some are faring better than others. Aurora, in a position to sell water to Smethills, may be the region’s most innovative water operator. None, arguably, have developed a comprehensive program that guarantees residents and business renewable (non-ground water), affordable, sustainable supplies – and mitigates regional concerns.

More South Platte River Basin coverage here and here.

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

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

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

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

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

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

Salida: Flaming Gorge Task Force meeting Tuesday

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

More Flaming Gorge Task Force coverage here.

Chatfield Reallocation Project: Reservoir expansion = Smart bottom-up, community-wide public policy?

Here’s a guest column in support of the Chatfield Reallocation Project written by Randy Knutson and Rick McLoud running in The Denver Post. Here’s an excerpt:

Chatfield is a common-sense solution that will help bring locally grown produce to Colorado citizens, provide greater sustainability for domestic water supplies, and stabilize South Platte stream flows through the metro area.

Expanding the reservoir is an example of smart bottom-up, community-wide public policy. It is indeed rare that the suburbs, agricultural interests and the environmental community agree on anything, let alone a water project. Chatfield is that model. For over six years, stakeholders from all of these groups and more have been talking with the state and the U.S. Army Corps of Engineers in a transparent and open process. Supporters and opponents have been involved in these meetings since the beginning. And in June 2012, the corps conducted three packed public hearings, from Gilcrest to the Dakota Hogback, where citizens shared their views of the project.

That’s why groups as diverse as Trout Unlimited, The Sierra Club, The Greenway Foundation and Western Resource Advocates have joined the members of our bipartisan Colorado congressional delegation to back this project in support of farmers, families and the environment.

Click here to view a letter of support from the Gunnison Basin Roundtable.

The Greeley Tribune editorial board has come out in favor of the project as well. They write:

Water storage projects are never easy. Public support can be splintered; permitting can take years; environmental concerns frequently surface; they are expensive. You’ll never hear anyone say that a water storage proposal is a slam dunk. But from where we sit, the proposed expansion of Chatfield Reservoir southwest of Littleton is at least an uncontested lay-up, and we’re hoping the project wins quick approval of the U.S. Army Corps of Engineers.

More Chatfield Reservoir coverage here and here.

Douglas County forms a water and wastewater enterprise to fund infrastructure for renewable supplies

From the Castle Rock News Press (Rhonda Moore):

The board of county commissioners on July 10 established the Douglas County water and wastewater enterprise, opening the door to bring money to the table for long-term water development. The enterprise allows the county to issue revenue bonds secured by future revenues from water providers who pass muster, said Lance Ingalls, county attorney. The enterprise, through state statute, allows the county to issue the revenue bonds to qualifying providers on a project-by-project basis, Ingalls said…

The authority was focused primarily on advancing the water infrastructure and supply efficiency project that is pivotal to filling the Rueter-Hess reservoir, said Eric Hecox, authority spokesman…

“This enterprise is opening the door for the county to be a catalyst for partnership to meet our renewable water needs,” Hecox said. “Having a partner as big a player as the county gives us the opportunity to meet our regional long term challenges.”

The strength of the county’s borrowing power bumps the water game up a notch in Douglas County, said Jill Repella, commissioner, District 2. Repella was part of the conversations with providers who made it clear the county’s role is critical to the success of any effort toward bringing long-term water to Douglas County.

More infrastructure coverage here.

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

From the Fort Collins Coloradoan (Bobby Magill):

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

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

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

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

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

More Flaming Gorge Task Force coverage here.

IBCC: Next Flaming Gorge Task Force meeting Friday in Colorado Springs

From email from Peak Facilitation Group (Heather Bergman):

…please find the agenda for Friday’s meeting of the Basin Roundtable Project Exploration Committee: Flaming Gorge. The meeting will be held from 10 am to 3 pm at the Pikes Peak Regional Council of Governments offices in Colorado Springs (15 S. 7th St..).

More Flaming Gorge Task Force coverage here.

How would the State Engineer administer diversions with respect to the Flaming Gorge pipeline?

From The Pueblo Chieftain (Chris Woodka):

“I just laid out the options we have if either Flaming Gorge plan were to move forward,” State Engineer Dick Wolfe said following a meeting last week of the Flaming Gorge Task Force in Grand Junction. The options include special legislation to cover bringing water from outside the state, an agreement between the states or state rules on water imports…

Wolfe is concerned that a pipeline could inadvertently injure Colorado water rights. Prompted by Million’s plan, Wolfe talked to the Colorado legislative interim committee on water resources last year about the possibility of legislation…

Colorado already has agreements with Wyoming and Utah on how to administer specific rights that cross state lines. Those involve smaller quantities of water than Flaming Gorge would divert, and neither targets a specific water right. Under an agreement, Colorado would be able to ask Wyoming to curtail diversions if they threatened rights on the Colorado River within Colorado. There could also be impacts to the Colorado River Compact, among seven states, that could affect Flaming Gorge diversions. “We don’t want Wyoming making judgments on how much water we have left to develop under the compact,” Wolfe said…

“It would involve a very public process, and would create the conditions for importing water,” Wolfe said. “Right now we have no venue to do that.”

More Flaming Gorge Pipeline coverage here and here.

Flaming Gorge pipeline: FERC is reviewing Wyco Water and Power’s request for a rehearing for the project’s preliminary permit

From Chris Woodka writing for The Pueblo Chieftain. From the article:

The Federal Energy Regulatory Commission filed a notice Monday saying it needs more time to study a request for a rehearing filed by Aaron Million’s Wyco Power and Water Co.
While notice was titled “Order Granting Rehearing for Further Consideration,” it did not in fact approve a rehearing on the entire pipeline project, FERC spokeswoman Celeste Miller said [ed. emphasis mine]…

“All the notice meant was that the commission needed additional time to consider the rehearing request. If there was no action, the request would have been denied,” Miller said. “The commission is still reviewing the request.”

From the Northern Colorado Business Report (Mark Wilcox):

The rehearing comes despite multiple protests from environmentalist groups, the Wyoming Game and Fish Department, the U.S. Forest Service, Sweetwater County, Colorado Springs Utilities and others. Opponents claim it would damage the ecosystem surrounding Flaming Gorge, thereby damaging the $118 million local outdoor economy.

In his rehearing request, Million invoked the approved, 139-mile Lake Powell Pipeline, which will cost $1.064 billion and be finished in 2020. He said his preliminary proposal was similar to the Lake Powell Pipeline, but while Lake Powell got a green light, Million’s Wyco Power and Water Inc. was stopped on red.

“The commission’s order implies that the final pipeline alignment, all authorizations to construct the pipeline and even the construction of the pipeline should be completed prior to filing an application for a preliminary permit” Million’s rehearing request said.

More Flaming Gorge pipeline coverage here and here.

Flaming Gorge pipeline: FERC grants a rehearing for the project’s preliminary permit

Update: FERC did not grant a request for a rehearing. They need more time to review the request.

From The Pueblo Chieftain (Chris Woodka):

The Federal Energy Regulatory Commission announced Monday it will grant a rehearing for Aaron Million’s Wyco Power and Water Co., over the objections of environmental groups and Colorado Springs Utilities…

Among those opposing the rehearing were the Colorado Environmental Coalition, the National Parks Conservation Association, Western Resource Advocates and the Sierra Club.

Colorado Springs Utilities on April 6 filed a motion asking FERC to exclude consideration of a reservoir in El Paso County at the same site where it plans to build a reservoir for the Southern Delivery System. The Norris family, owners of T-Cross Ranches, are family friends of Million. They have filed an application with El Paso County for the Marlborough Metropolitan District with the intention of building a regional reservoir on Upper Williams Creek, southeast of Colorado Springs.

Million also could have competition in building the pipeline from the Colorado-Wyoming Coalition, led by Frank Jaeger, manager of Parker Water, which is studying its own plan for a Flaming Gorge Pipeline.

Meanwhile, a state task force continues to meet to identify issues that could arise if either project is built. Its next meeting is Wednesday in Grand Junction.

Here’s the agenda for the next task force meeting via email from the IBCC facilitator.

More Flaming Gorge pipeline coverage here and here.

Flaming Gorge pipeline: The Garfield County Commissioners go on record opposing the project

From the Glenwood Springs Post Independent (John Stroud):

…the decision to oppose the proposed 560-mile-long Flaming Gorge pipeline was not a unanimous one. The Garfield Board of County Commissioners voted 2-1 Monday to take the position against the controversial project. Commissioner Tom Jankovsky said that, although philosophically opposed to Front Range water diversions, it’s too early in the process for the county to be taking a position on the controversial project…

But Commissioners Mike Samson and John Martin disagreed.

Samson has been pushing for the county to take a stance against the project, as other Western Slope governments, water users and conservation groups have done. “We can’t continue to give West Slope water to Eastern Slope entities,” Samson said. “Enough is enough.

“I’m looking down the road to our future needs,” he said. “Western Colorado will grow and expand, and we will need that water. And once it’s over there, there’s no way to get it back.”[...]

Garfield County’s resolution opposing the project questions the costs for the project, as well as the potential threats to the western Colorado and other downstream water users on the west side of the Continental Divide. “The Flaming Gorge pipeline is not feasible without subsidies, with some estimates suggesting that the project would need as much as $370 million in state or federal subsidies,” the resolution states.

“Garfield County urges Colorado water leaders and policymakers to devote the state’s attention and financial resources on water projects and programs that are cost-effective and that do not pit one region of the state against the others,” it concludes.

More Flaming Gorge pipeline coverage here and here.

Flaming Gorge pipeline: Earthjustice, et. al. to FERC — ‘No’ should mean no to do-over for preliminary permit

From the Earthjustice blog (Doug Pflugh):

Million is back at it again, asking the Federal Energy Regulatory Commission to reconsider his application for a preliminary permit. Million’s request comes on the heels of FERC’s dismissal of his preliminary permit. You may remember that Million turned to FERC after an earlier attempt to permit this project was terminated by the Army Corps of Engineers last summer. That’s two no’s in less than one year. Will a third do the trick?

This week, Earthjustice, representing 10 environmental groups, filed papers with the Federal Energy Regulatory Commission (FERC) objecting to a do-over by FERC. FERC’s decision to deny the permit was right on the money and should have been the end of this scheme. But, with at least $1.4 billion at stake—according to Million—it’s easy to understand why he isn’t giving up easily…

Earthjustice represents a coalition of ten conservation groups with interests throughout the Colorado River Basin: Sierra Club, Center for Biological Diversity, Rocky Mountain Wild, Save the Poudre: Poudre Waterkeeper, Biodiversity Conservation Alliance, Wyoming Outdoor Council, Citizens for Dixie’s Future, Glen Canyon Institute, Living Rivers: Colorado Riverkeeper, and Utah Rivers Council.

More coverage from Mark Wilcox writing for the Wyoming Business Report. From the article:

Aaron Million’s confidential business plan to annually pump about 81 billion gallons out of Flaming Gorge and the Green River that feeds it has been revealed to the Associated Press, and it is no small wonder he has not taken ‘no’ for an answer. The plan would bring in an estimated net profit of between $1.4 and $2.4 billion. And that’s after construction costs of somewhere between $2.8 billion and $3.2 billion. And end users of the water would pay up to $117 million in annual operating costs based on a “cost plus 20 percent” business model with estimated operating costs of between $70 million and $90 million…

“Million’s plan is a blatant attempt to transform an important public good into billions of dollars of private profit,” said Earthjustice staff attorney McCrystie Adams in a statement urging the Federal Energy Regulatory Commission not to rehear Million’s request. Earthjustice represents various conservation clients on this issue. “We know from the developer’s public statements and documents that he’s looking for someone else to cover the millions of dollars of permitting costs that will undoubtedly be associated with what they describe as ‘the largest water infrastructure, pipeline, hydropower and storage project’ in the region.”

Adams’ statement refers to portions of the plan showing that Million’s Wyco Power and Water Inc. is seeking to raise $15 million through 2015 to get through the permitting process. While the amount raised so far is confidential, $5 million has been spent on the permitting process.

“It is clear that Million sees the Flaming Gorge Pipeline as his Mega-Millions jackpot and hopes someone else will pay for his tickets,” Adams wrote. “Fortunately, the odds of permitting this boondoggle are similar to winning the lottery.”

More Flaming Gorge pipeline coverage here and here.

Flaming Gorge Pipeline: Aaron Million estimates profits at $1.4 billion

If you’ve wondered why Aaron Million has been so dogged in his pursuit of his pipeline dream facing while facing huge opposition across Wyoming, Colorado and Utah and from conservationists across the U.S., you need only to focus on the potential rewards from a for-profit operation in the middle of Colorado’s last remaining developable water in the Colorado River basin and the wealthy Denver southern suburbs. Here’s a report from Catharine Tsai writing for the Associated Press via The Colorado Springs Gazette. From the article:

His team’s confidential business proposal, shown to potential contractors, estimates construction costs of $2.8 billion to $3.2 billion, with annual operating costs of between an estimated $70 million and $90 million per year being paid by water users.

The project would initially deliver about 110,000 acre-feet of water to municipal and industrial users, with re-use available to farm and environmental interests, according to the business plan. The water would be sold under a “cost plus 20 percent” financial model, with 20 percent being added on top of costs for delivering the water. That would result in a one-time $360 million to $480 million profit to the contractor from water sales, according to the plan.

The second stage of the project would deliver up to 140,000 acre-feet, with water sold at market rates. “Potential net profit is targeted in the $1.4 billion to $2.4 billion range,” the plan said.

Though the business plan lays out staged development, Million said the project likely would be built all at once to avoid having infrastructure costs balloon over time. In any case, costs should be lower if it’s developed privately, not publicly, he said. “The project is financially sound. We think we can get it done for 30 to 40 percent less than a public sector project,” Million said.

Million provided the business proposal to The Associated Press in response to questions about an earlier version of the plan obtained by the AP.

The role of Million’s Wyco Power and Water Inc. would be to shepherd the project through the permitting process, Million said. It would earn a management fee, which could range from 0.25 percent to 3 percent of money raised for its work, he said. The plan said Wyco is seeking to raise $15 million through 2015 to get through the permitting process. Million said the amount he has raised so far is confidential, but he has said $5 million has been spent on the project during the four years since he proposed it.

“We’ve finally learned what this proposal is about. It’s about people wanting to get extremely rich off of the natural wealth of the Colorado River and the communities up and down the basin that depend on it,” said Gary Wockner of Save the Colorado.

More Flaming Gorge pipeline coverage here and here.

IBCC: Wyco Water and Power, Inc. and the Colorado-Wyoming Cooperative Water Supply Project proponents briefed the state task force yesterday

From The Pueblo Chieftain (Chris Woodka):

A private developer and a public group who want to build major water supply pipelines from Flaming Gorge Reservoir in Wyoming to Colorado’s Front Range met Tuesday for the first time with a state task force. “Can both projects go? Folks, there should be collaboration. If this task force wants an additional task it could look at finding collaboration,” said Aaron Million, who first came up with the idea for the project about six years ago. “One of the outcomes of the task force has been a huge pushback from the environmental community.”

Million’s Wyco Power and Water Inc. faces competition from the Colorado-Wyoming Coalition, led by Parker Water and Sanitation General Manager Frank Jaeger. The task force, formed at the request of the Arkansas and Metro basin roundtables, was formed to identify issues, interests and impacts associated with a Flaming Gorge project. It won’t recommend either project, and right now just has a growing list of questions and concerns…

The Colorado-Wyoming Coalition still is investigating whether it even wants to pursue the project and is waiting on a Bureau of Reclamation determination of whether water is available, Jaeger said. “We don’t have all the answers,” Jaeger said. “We have to know what the Bureau of Reclamation plan says before we go any further.” The group has clearly identified it would serve a population of 569,000 in the next 60 years. The project would divert 100,000 acre-feet of water, which through re-use could provide about 200,000 acre-feet of need. About one-fourth of the water would go to communities in Wyoming.

Million filed for water rights in 2007 on the Green River in Wyoming and has applied for a contract with Reclamation. He is using an earlier decision by Reclamation as the basis for his claim of 250,000 acre-feet. He has identified potential users, but does not have a specific list, unlike the coalition. So far, $5 million has been spent to develop his plan…

While the project faces stiff opposition in Western Wyoming, there is a growing realization that the decision could be made without the area’s consensus. There is a spectrum of opinion heavily weighted toward stopping the project to those who realize control of the water is in someone else’s hands and the object is to reduce the impacts of diverting some of it. “I think our mission is to stay informed on the issues,” said Don Hartley, of the Rock Springs, (Wyo.,) Chamber Enterprise Committee. “We have to stay abreast of the issues with an eye to minimizing the impacts.”

More Flaming Gorge Pipeline coverage here and here.

The Norris Family plans to build the reservoir at the site eyed by both the Flaming Gorge Pipeline and the Southern Delivery System

From The Pueblo Chieftain (Chris Woodka):

The Norris family, owners of T-Cross Ranches, has filed a plan for the Marlboro Metropolitan Water District with El Paso County. “I’m going to build the reservoir,” said Steve Norris…“There has been lots of interest throughout the region for creating a regional storage reservoir.” Norris said it would hold nearly 30,000 acre-feet of water and would be built on land owned by the family and the State Land Board southeast of Colorado Springs. The application was filed earlier this month. The dam would be just south of the site targeted for the second phase of the Southern Delivery System. Colorado Springs Utilities, Security, Fountain and Pueblo West are building the SDS pipeline from Pueblo Dam, along with three pumping stations and a treatment plant. It is expected to be complete in 2016.

The reservoir on Upper Williams Creek is contemplated several years after the first phase of SDS…

The reservoir is also identified as terminal storage in Aaron Million’s plan to build a pipeline from Flaming Gorge Reservoir and the Green River in Wyoming. Million and Norris are longtime friends.

More Arkansas River basin coverage here.

Flaming Gorge pipeline: Aaron Million files a reconsideration request with FERC in response to their denial of the preliminary application

From The Pueblo Chieftain (Chris Woodka):

Environmental groups promise to fight the project at every turn, while a state task force will hear about Flaming Gorge pipeline proposals next week in Glenwood Springs. Fort Collins entrepreneur Aaron Million on Friday filed for a rehearing with the Federal Energy Regulatory Commission for his proposed 500-mile water pipeline from the Green River and Flaming Gorge Reservoir in Wyoming to Colorado’s Front Range. FERC rejected the application from Million’s Wyco Power and Water Inc. on Feb. 23.

Million’s response states that FERC made errors in its determination that the application was filed prematurely. The basis was that the water pipeline associated with hydropower projects has not been constructed. “Wyco contends that sufficient information and maps associated with the pipeline alignment have been provided to the commission,” Million stated in an 11-page request for rehearing and clarification. “We’re asking for clarification of why the decision was made, other than political pressure. That shouldn’t be a factor,” he said.

Million contends FERC has granted preliminary permits to other power projects in their infancy, including the Lake Powell pipeline project in Utah. He said Wyco plans to build the pipeline. Wyco already has issued requests for proposals to manage the project.

On Tuesday, the Flaming Gorge task force, formed by the Colorado Water Conservation Board at the request of the Arkansas Basin and Metro roundtables, will hear presentations from Million and from Frank Jaeger, whose Colorado-Wyoming Coalition has proposed a similar, but competing project.

More coverage from Electa Draper writing for The Denver Post. From the article:

On Feb. 23, the Federal Energy Regulatory Commission dismissed Wyco Power and Water Inc.’s application for a preliminary permit on the basis it was premature. Officials said there was no purpose in issuing a hydropower permit without information on construction and operation of the pipeline, which Million couldn’t provide. Conservationists hailed the decision as a victory for the environment because, they said, Million’s project, which would divert water from the Upper Colorado River Basin to Front Range cities, would drastically lower the level of Flaming Gorge Reservoir, threaten four species of endangered fish, and further harm ecosystems, wildlife and recreation. “We hope that FERC will reject this appeal, and the project will die a much-deserved death,” wildlife biologist Erik Molvar said in a statement from the Biodiversity Conservation Alliance…

Million, in a telephone interview from Fort Collins, said FERC had asked for some additional information when Wyco filed the application in September. If there were additional deficiencies in the application, he said, FERC should have told him before accepting the application. However, Million said, Wyco doesn’t need the FERC preliminary permit to keep moving forward with other elements of the project. “We already hold the water filings in the river and for federal water rights,” Million said. “We already hold the priority filings. We’re going to move through the process, regardless.”

More coverage from Brandon Loomis writing for The Salt Lake Tribune. From the article:

Utah has used the same rationale in seeking approval for a Lake Powell pipeline to St. George, and Million’s new application questions whether FERC imposed the same requirements in advancing that project. “Wyco contends that it will be counterproductive and cost-prohibitive to secure all necessary permits and authorizations to construct the pipeline without confirming the locations of the associated hydroelectric facilities,” the company said in its filing…

“FERC certainly got it right the first time,” Earthjustice attorney Michael Hiatt said. “This project would clearly devastate the Green River.”

More coverage from Troy Hooper writing for the Colorado Independent. Here’s an excerpt:

Critics say the pipeline would drain 81 billion gallons of water each year from the Green River, a tributary of the already stressed Colorado River, and the state of Colorado projects the pipeline could cost as much as $9 billion to build. The Colorado River Water Conservation District, Wyoming Gov. Matt Mead, county and local governments in southwestern Wyoming and a multitude of conservation groups are opposing the potential pipeline that Million claims is needed for Colorado to meet its rising demand for water.

“FERC made the right decision in February,” said Matt Rice, director of the Denver-based chapter of American Rivers. “It is clear this is nothing more than a speculative project that if ever built would severely harm the recreational, economic, agricultural and natural values of the Green River. Mr. Million is grasping for straws. It is highly unlikely that FERC will reverse their decision.”

Gary Wockner of Save The Poudre added that “Mr. Million seems to think this process is like an Etch-A-Sketch, where he can just keep shaking and redrawing until he finally wears down the federal agencies and the opposition. The Flaming Gorge Pipeline is a fatally flawed concept that would devastate the Green and Colorado River ecosystems — we will fight it at every opportunity.”

More coverage from Amy Joi O’Donoghue writing for the Deseret News. Here’s an excerpt:

In a document filed Friday requesting a rehearing before the agency, Million argued that FERC should question if it erred by tossing his application for a permit in February on the basis that it was “premature” or incomplete…

Million said the agency needs to consider if it let the amount of comments and objections on record by multiple agencies unduly sway the commission. Opponents like the Wyoming Game and Fish Department, the U.S. Forest Service, Sweetwater County and Colorado Springs Utilities — as well as numerous conservation organizations — have asked the commission to legally recognize objections raised.

When the commission dismissed the preliminary permit application for Million’s Regional Watershed Supply Project, the agency said until the pipeline is built and authorizations are in place, it would be premature move the hydropower project forward. “The commission’s order implies that the final pipeline alignment, all authorizations to construct the pipeline and even the construction of the pipeline should be completed prior to filing an application for a preliminary permit” Million’s rehearing request said. Such a requirement, he added, is counterproductive and cost prohibitive absent knowing where the hydroelectric components would be sited…

“The developer’s application for a rehearing is a waste of taxpayer dollars,” said Michael Hiatt, an attorney with Earthjustice.

More coverage from Mark Wilcox writing for the Wyoming Business Report. From the article:

Aaron Million and his company Wyco, first proposed the water project to the Army Corps of Engineers. The Corps rejected the application in July of 2011 after two years’s consideration because they said Million failed to provide sufficient information. Million then proposed the Flaming Gorge pipeline to FERC as a power-generating project that would simultaneously quench the Front Range’s thirst in Colorado, and received an initial dismissal Feb. 23. The multi-billion dollar pipeline would transport water more than 500 miles to a reservoir at its final destination in Pueblo, Colo. “As presented in Wyco’s application, these hydropower projects are exclusively dependent on water from the proposed water supply pipeline,” the dismissal stated. “However, this pipeline does not currently exist, and Wyco’s application does not provide any information about the timeline for seeking and obtaining the necessary authorizations for the construction and operation of such a pipeline.”

Additionally, officials cited a lack of information on the route the pipeline would take through public and privately held lands. “Until…authorizations have been obtained for a specific route or the process to identify a specific route has been substantially completed, Wyco will be unable to prepare “[s]uch maps, plans, specifications, and estimates of cost as may be required for a full understanding of the proposed [hydropower] project,” the order read.

While the initial government dismissal was based on technicalities, many environmentalist groups are pushing for a more permanent dismissal. “Anyone who tries to divert Wyoming’s Green River over the Continental Divide doesn’t appreciate the value that it provides for native fish and wildlife, local economies and the western way of life,” said Earthjustice attorney Michael Hiatt in a statement. “The Flaming Gorge Pipeline—one of the biggest, most environmentally damaging water projects in the history of the western United States—would irreparably damage the Green and the Colorado River downstream.”[...]

Another group is now touring the region with a short film and presentation that reflect the damage the pipeline would do to Flaming Gorge and the Green River’s $118 million outdoor recreation economy. Studies indicate the lost water could raise salinity levels in the gorge and river to lethal levels for fish and other marine mammals. Opponents of the pipeline also indicate the potential downsides to mammals of building a 10-foot pipeline over the Continental Divide. “This thing is still on the rails,” said Walt Gasson, Trout Unlimited’s endorsed business director, “And still constitutes — to my way of thinking — to our way of thinking, a clear and present danger to wildlife conservation in Wyoming.”

More coverage from Steve Lynn writing for the Northern Colorado Business Report. From the article:

“[Wyco Power and Water Inc] respectfully requests that the commission grant re-hearing of the dismissal of preliminary permit application for the regional watershed supply project and to issue the preliminary permit for a term of 36 months,” the company stated in the document…

The pipeline would help meet the water needs of Colorado, which faces a water supply shortfall of between 500,000 and 700,000 acre feet in the next two decades, Wyco principal Aaron Million has said. He contends the federal government will take steps to protect river flows for recreation as well as enhance fisheries.

From the Denver Business Journal:

The Associated Press reports that Aaron Million of Fort Collins filed the request Friday with the Federal Energy Regulatory Commission…

FERC’s permission was needed for the pipeline’s water to be used to generate electricity.

More Flaming Gorge pipeline coverage here and here.

Flaming Gorge pipeline: Aaron Million files a reconsideration request with FERC in response to their denial

From the Associated Press (Ben Neary) via The Columbus Republic:

Fort Collins businessman Aaron Million on Friday filed the reconsideration request with the Federal Energy Regulatory Commission. The agency last month dismissed his application, saying it was premature and lacked specifics about the proposed pipeline…

Million says his project is essential to helping Colorado meet its increasing demand for water. The state of Colorado also is evaluating the project’s merits.

From the Summit County Citizens Voice (Bob Berwyn):

As he indicated in late February, Million has submitted a new application to the Federal Energy Regulatory Commission for the project, challenging the same agency’s previous rejection of the application by requesting a rehearing and clarification.

In the new document, Million says it would be prohibitively expensive to secure pipeline permits without first “confirming the locations of the associated hydroelectric facilities.” The application also claims that, for the purposes of the preliminary permit he’s seeking, “sufficient information and maps associated with the pipeline alignment have been provided to the Commission.”

Million also charged that FERC’s rejection is inconsistent with other preliminary permits issued by the agency.

More Flaming Gorge pipeline coverage here and here.