Glenwood Springs: #COWaterPlan update planned for afternoon session at today’s CWCB board meeting

September 11, 2014

From the Glenwood Springs Post Independent (John Stroud):

River recreation business owners and enthusiasts are expected to be out in force today as the Colorado Water Conservation Board meets in Glenwood Springs at the Hotel Colorado.

The afternoon session will include conversation about the upcoming draft statewide water plan, which is due out later this year at the direction of Gov. John Hickenlooper.

The water plan is the main agenda item from 1-5 p.m. Starting at 3:45 p.m., the board will hear an update on public input received to date from the state’s nine river basins, including from the Colorado River Basin Roundtable. The meeting is open to the public and will include a time for comments.

Meanwhile, boaters, rafters, anglers and other outdoor enthusiasts are gathering in conjunction with the meeting to highlight the economic value of Colorado’s rivers, and to try to ensure river flows are protected from new large trans-mountain water diversions.

The Colorado and other western basin roundtables are urging against including any new Front Range diversion projects in the water plan.

A coalition of business and conservation groups said in a Wednesday press release that they will emphasize the economic importance of Colorado’s river-based economy, which they say is greater than $9 billion annually and supports more than 80,000 jobs in the state…

Geoff Olson, co-owner and operator of Blue Sky Adventures in Glenwood Springs, said in the release that commercial river rafting alone in Colorado last year was worth about $150 million.

“We want the governor and the state water board to make smart, long-term decisions to protect our rivers and our livelihoods, and this huge part of Colorado’s economy,” said Olson, who employs 35 people during the height of the summer whitewater season…

“Colorado’s cities can easily conserve more water, and that will preserve flows for the river-based recreation that is so important to so many Coloradans,” said Annie Henderson, co-founder of the Upper Colorado Private Boaters Association, an American Whitewater affiliate.

Whitewater businesses have also emphasized the need to secure recreational in-stream flows, which is also included in the draft Colorado River Basin Implementation Plan.

The CWCB will continue its meetings Friday, and this morning is scheduled to meet with the Colorado Parks and Wildlife Commission, also at the Hotel Colorado.

Hayfield message to President Obama 2011 via Protect the Flows

Hayfield message to President Obama 2011 via Protect the Flows

Here’s the release from Protect the flows (Belinda Griswold):

Businesses in Colorado, including boaters, rafters, anglers and other outdoor enthusiasts, will be in Glenwood Springs tomorrow to highlight the economic value of Colorado’s rivers and to ensure river flows are protected from new large trans-mountain water diversions. The river supporters will share their experiences with the Colorado Water Conservation Board (CWCB), which is holding a public board meeting Thursday and Friday at The Hotel Colorado.

At the executive order of Gov. John Hickenlooper, the CWCB is currently preparing the first-ever statewide water plan, which will determine how water is managed across Colorado now and for decades to come. Western Slope businesses – retailers, recreational outfitters and other outdoor-related companies – will emphasize the vast economic importance of Colorado’s river-based economy, which is greater than $9 billion annually and supports more than 80,000 jobs in the state. Water diversions, which are being debated during the CWCB board meeting, would significantly jeopardize this river economy.

“The economic impact of commercial river rafting in Colorado last year was about $150 million, and the Colorado River-based recreation industry as a whole added $9 billion to our state’s economy. For Blue Sky Adventures, we employ 35 people, all of whom depend on healthy rivers,” said Geoff Olson, co-owner and operator of Blue Sky Adventures in Glenwood Springs. “We want the governor and the state water board to make smart, long term decisions to protect our rivers and our livelihoods, and this huge part of Colorado’s economy.”

To protect Colorado’s $9 billion river economy, Colorado’s recreation-based leaders are encouraging the CWCB to ensure smart water management is included in the plan. In lieu of large, new trans-mountain diversions, these business want the CWCB to keep river flows at healthy levels by setting a statewide water conservation goal for the state’s cities and towns, something most other Western states have but Colorado is lacking.

“Colorado’s cities can easily conserve more water, and that will preserve flows for the river-based recreation that is so important to so many Coloradans,” said Annie Henderson, co-founder of the Upper Colorado Private Boaters Association, an American Whitewater affiliate. “If it’s going to be a Colorado water plan, it has to reflect Colorado values.”

Another way the CWCB can ensure ample water and support Colorado’s $9 billion river economy supply is by integrating the best recommendations for recreational flow, such as that proposed by the Colorado River Basin Implementation Plan, which called for a goal to protect water for recreational boating purposes.

“Our state’s recreation economy depends on healthy stream flows today,” said Nathan Fey, director of Colorado River Stewardship Program for American Whitewater. “These flows support existing businesses, jobs and local economies that rely on active outdoor recreation and tourism. Trans-mountain diversions are being proposed as a way to meet a future need – an unknown and speculative demand. The conversation about water supply at the state and local levels must be about the trade-offs between our needs today, and what our needs might be in the future.”

Adding to the direct economic boost rivers provide, Coloradans cherish their natural landscape including the rivers that provide opportunities for boating, rafting and fishing. Surveys of Colorado voters show that outdoor recreation is among the top values for residents. In addition, Front Range businesses report that outdoor recreation opportunities are key for attracting and retaining talented employees.

The supporters of healthy rivers plan to hold a press conference at Blue Sky Adventures’ offices (319 6th St, Glenwood Springs, CO 81601, at the Hotel Colorado) starting at approximately 12:00 p.m. on Thursday, Sept. 11. In addition, several supporters are scheduled to speak later in the day at the CWCB board meeting including:

Speakers at the event will include representatives from outdoor recreation businesses, Protect the Flows, American Whitewater, and many more.

To learn more about Colorado’s statewide water plan, please visit http://wwww.waterforcolorado.org.

doloresriveraspens

From the Northwest Council of Governments:

Leaves are starting to change and work on the Water Plan is gearing up around the State. The Colorado Water Conservation Board (CWCB) will be visiting the Colorado Basin this week, holding their board meeting in Glenwood Springs on Sept. 11-12. Part of their discussion will be a review of many draft sections of the Water Plan, released to the public by way of their board meeting agenda. We are anxious to jump into a review of those draft sections—we are encouraged and impressed with the amount of data the CWCB staff have already sifted through to complete these draft sections! We will keep you posted as well learn more.

Meanwhile, QQ has been reviewing the Basin Implementation Plans submitting from Basins around the State over the past month. As one might expect, many Basins agree with some foundational QQ Principles for the Water Plan, while others conflict with some of our primary points. We’ll keep working on a summary document that can help guide those who don’t have time to read the 1000s of pages of information!

Over the next several months, the CWCB will wrap up the first complete draft of Colorado’s Water Plan! This fall marks a crucial time for public input on the draft sections released already, as once this draft is completed the Plan will move to revisions in the Governor’s office and away from the hands of the CWCB. As always, you can provide comment at http://www.coloradowaterplan.org.

More CWCB coverage here.


Clear Creek: A river runs though it — The Clear Creek Courant

September 4, 2014
Clear Creek watershed map via the Clear Creek Watershed Foundation

Clear Creek watershed map via the Clear Creek Watershed Foundation

Here’s part II of the series on Clear Creek from the Clear Creek Courant (Ian Neligh). Here’s an excerpt:

Editor’s note: This is the second installment of a three-part series examining the past, present and future of Clear Creek.

Through the mountains and down to the plains, Clear Creek has rushed along its jagged banks long before civilization ever found it and the gold hidden within. Its discovery led to industry, economy and community. The tie binding the stream to the people living along its banks will not be broken easily.

A commitment

Several thousand mines are estimated to crisscross the county. Lasting repercussions of the mining industry led to more than 100 efforts to clean up the stream and mitigate the mining pollution in the last decade.

According to David Holm, the Clear Creek Watershed Foundation’s executive director, stream mitigation is a “forever commitment.”

“Once you’re going down that road, you’ve really made a forever commitment for maintenance,” Holm said. “So mine drainage is like that. It is a forever problem.”

Mine waste removal and restoration of stream banks are projects that, once completed, are ultimately removed from the Clear Creek remediation radar screen, Holm said.

Clear Creek always had a “metal footprint” because of the natural mineralization in the mineral belt, which the stream cuts across, Holm said.

“So there’s no question that there would have been iron, manganese, aluminum in elevated levels, and probably a little bit of a diminished pH,” Holm said. “The tremendous increase in exposure to the weather and elements of the mineral zone, brought about by mining, definitely has increased that footprint, and we will never eliminate that additional increased footprint.”

However, the stream is cleaner today than in recent memory, thanks to efforts by the Watershed Foundation, the U.S. Forest Service, and the Division of Reclamation, Mining and Safety.

A new industry

The mining industry, once so reliant on the stream, has dwindled to nearly nothing. In its place, a recreational industry has grown by leaps and bounds.

Since 1991, rafting companies using Clear Creek have experienced more than a 7,000 percent increase in customers. This increase comes at an ideal time, when the county is looking to transition to a recreation-based economy, with Clear Creek considered the area’s crown jewel.
The increase in visitors to the county had nearly a $19 million economic impact in 2013, according to the Colorado River Outfitters Association.

Association executive director David Costlow said the meteoric rise in recreation over the years is in large part due to the stream’s close proximity to Denver and to the relatively relaxed regulations for outfitters launching in Clear Creek.

Costlow said a lot of companies based on other rivers, such as the Arkansas, now bring customers to Clear Creek.

Last year, 61,000 “user days” were reported on the stream. A user day is how the rafting industry tracks customers and equates to one customer spending time on the river during one day. In 1991, the Colorado River Outfitters Association noted, Clear Creek had just 800 user days. Today the area has 15 rafting outfitters, with several owning locations in the area and putting in additional features such as zip-lines.

“You can see the growth on Clear Creek pretty rapidly. It was just 30,000 (user days) not too long ago, and now it is around 60,000,” Costlow said. “It’s a fun river, a lot of rapids per mile.”

‘Mining recreation opportunities’

County officials see the stream as a large piece in the area’s economic puzzle. In 2010, Clear Creek Open Space, with the help of funding from a Federal Highway Administration grant, created the Lawson Whitewater Park. The park includes boulders that create specialty chutes and waves for kayakers and other boaters along the 450-foot stretch of Clear Creek just upstream from Mile Hi Rafting. The park also has parking and a changing station with environmentally friendly toilets.

County Commissioner Tim Mauck said Clear Creek saw little to no rafting 15 years ago, and now it is the second busiest river in Colorado. The county is working on a Greenway Project, which it hopes one day will create an uninterrupted recreational space following the stream from one end of the county to the other.

Earlier this year, officials met for a groundbreaking ceremony for a $13.9 million project that will link Clear Creek and Jefferson counties with a 10-foot-wide concrete trail for 6 miles, improve stream access, and link the Oxbow parcel with Mayhem Gulch.

“Looking for recreational opportunities is really something we need to position ourselves to take advantage of,” Mauck said. “The stream is the lifeblood in so many ways, not just physically to the necessities of life, but we’re drawn to it in ways that just make obvious sense.”

Mauck said Clear Creek offers a diversity of recreational opportunities such as rafting, kayaking, angling and gold panning, and the county needs to continue to transform itself and take advantage of the creek, but now in a different way.

“It’s (now about) mining the recreation opportunities,” Mauck said.

More Clear Creek watershed coverage here.


BLM okays Gore Canyon whitewater park

August 31, 2014

Colorado River in Gore Canyon

Colorado River in Gore Canyon


From The Denver Post (Scott Willoughby):

From above and below, it’s easy to imagine how the rapids known as “Fisherman’s Nightmare” got their nickname. The chaotic jumble of rocks and water (also known as “Applesauce”) that serves as sentinel to the Colorado River’s Gore Canyon drops precipitously from the placid, pastoral flats surrounding the Blue River confluence at Kremmling and marks the start of the steepest and most technically challenging whitewater of the entire Colorado River. An unwary angler drifting into the Class V canyon can expect a frightening wake-up call.

Beneath soaring cliffs up to 1,000 feet tall, the river’s gradient shifts radically from a flatwater nature float to an adrenaline-soaked plummet of some 115 feet per mile over the next 4 miles.

It’s a little-known secret that the remote ravine shrouds some of finest fishing along the Upper Colorado, since access is largely limited to the region’s most skilled whitewater boaters. But those in the know will occasionally make their way upstream along a rugged foot path that begins at the Bureau of Land Management’s Pumphouse Recreation Site at the southern edge of Gore Canyon and eventually fades away entirely.

The popular fishing and floating stretch downstream from the Pumphouse boat ramp is known to boast some of the highest fish statistics throughout the river originating in Rocky Mountain National Park, measuring more than 3,500 trout per mile between Pumphouse and the Radium boat ramp 4 miles downstream. While the wild character of the upstream canyon doesn’t lend itself to scientific fish counts, anecdotal evidence suggests that the fish lurking in deep pools below Gore’s steep drops have grown larger and face far less angling pressure than their downstream counterparts.

“I’ve got a photo of the mythological beast that lives below Tunnel Falls (the biggest drop in the canyon) we named ‘General Sherman’ hanging in my garage. He’s just a big, thick, brown trout,” said Ken Hoeve, a Reddington team angler and former pro kayaker who fishes Gore Canyon regularly. “There really are some brutes that live in there, and they’re not very smart because nobody ever fishes for them.”

That’s not to say the fish are entirely devoid of pressures, however.

For two years running now, the Upper Colorado River Basin has earned prominent rankings among the annual ” America’s Most Endangered Rivers” report published by the conservation organization American Rivers. Due to the combined effects of drought, overallocation and transmountain water diversions to meet growing Front Range demand, the Upper Colorado was named the nation’s most endangered river in 2013 and was second only to California’s San Joaquin River this year.

“The America’s Most Endangered Rivers report is a call to action to save rivers that are at a critical tipping point,” said Carbondale resident Ken Neubecker of American Rivers. “We cannot afford more outdated, expensive and harmful water development schemes that drain and divert rivers and streams across the Upper Colorado Basin. If we want these rivers to continue to support fish, wildlife, agriculture and a multibillion-dollar tourism industry, we must ensure the rivers have enough water.”

A basin-wide drought now measuring 14 years has been exacerbated by increasing municipal, agricultural and industrial demands, all of which has led to the lowest 14-year inflow to Lake Powell since the downstream reservoir began filling in 1963.

American Rivers has seen support from conservation groups including Trout Unlimited, Western Resource Advocates, the Sierra Club and Conservation Colorado, among others, attempting to implement measures to maintain critical river flows for fish, wildlife and recreation in the upper basin. Denver Water and Northern Colorado Water Conservancy District are proposing significant increases in the amount of water pumped from Colorado River headwaters across the Continental Divide through Moffat Tunnel and the Colorado-Big Thompson Project at Windy Gap.

Denver Water’s Moffat collection system expansion ultimately spawned the 2012 Colorado River Cooperative Agreement, heralded as a new vision for cooperative water management between stakeholders on both sides of the Divide. Denver Water also entered into an agreement last spring with Trout Unlimited and Grand County known as the Mitigation and Enhancement Coordination Plan (MECP) for the proposed Moffat expansion that stakeholders believe can balance municipal needs and environmental health of Colorado River headwaters should it be included in the final federal permit issued by the U.S. Army Corps of Engineers.

More recently, the Upper Colorado benefited from another layer of protection when the BLM signed a Decision Record on Aug. 15 authorizing the proposed Gore Canyon Whitewater Park at Pumphouse Recreation Site. Grand County applied to build a riverwide wave feature for recreational use near the boat launch area and was awarded historic water rights for constructing the water park. Construction is scheduled to begin in November.

“The project will provide a unique recreational experience for the 60,000 to 70,000 people that visit the area each year,” said BLM Kremmling field manager Stephanie Odell. “It will also provide permanent protection for water flows supporting fishing and recreational float-boating.”

“This area has the potential to be ‘loved to death.’ We are close,” said Thomas Schneider, the owner of Sunrise Anglers fishing guide service in Littleton. “My clients love the remoteness at Pumphouse. It’s such a unique place. Will the added pressure from folks be a detriment to the environs?”

Others see it as a dream come true.

“These whitewater parks work. Not only do they create the best habitat for kayakers and paddlers, but also for the fish that benefit from aerated water and big pools,” Hoeve said. “It’s not like we’re diverting the water. It’s like, ‘Hey, while it runs through here, we’re going to do something good with it that encourages people to come here and fish and paddle.’ It’s another reason to keep water in the river.”

More whitewater coverage here.


Uncompahgre River: Float Highlights River Improvements, Future Visions — The Watch

August 28, 2014

From The Watch (William Woody):

Last Sunday [August 17, 2014], under beautiful sunny skies, members of the Friends of the River Uncompahgre (FORU) hosted a tour of the river from boats launched at an access point behind Chipeta Lake to a take-out near Taviwach Park on the city’s north side.

The tour was developed to give local officials and residents a first-hand experience of the river since improvements were made along its banks earlier this year; the improvements will continue in 2015 as part of the city’s continuing Uncompahgre River Master Plan, completed in 2011.

Along with local boaters, officials from the city, county, Bureau of Land Management, Parks and Wildlife and the Montrose Recreation District clambered into rafts and kayaks for the three-hour float.

Along the way, wooden markers on the river’s banks highlighted both public and private property boundaries bordering the water. Officials and residents are continuing to brainstorm ideas for possible public-property development. With a trained eye, one could see the next phases of the river master plan, which includes the addition of a whitewater park set for construction next year.

The whitewater park will be located between the pedestrian bridge in Baldridge Park and the West Main Street Bridge.

Due to the rising popularity of river sports, the trend in adding whitewater parks has continued in recent years in sites across the country as a way to draw more visitors.

“We wanted to get some ideas on how we make the river safe for families,” said Montrose City Manager Bill Bell. “We’re really trying to give locals who like the fishing or the outdoor recreation a chance to come and do that in a family friendly environment. But we also want to attract visitors and tourists.”[...]

Durango added its “watermark” years ago, incorporating its downtown with the Animas River through boardwalks and a variety of businesses. Unlike Durango, the Uncompahgre River is fed with water from the Ridgway Reservoir and the Gunnison Tunnel. This means water levels can be more sustainable throughout the year, whereas the Animas runs very low later in the summer.

The sustainable water flow offers the potential for Montrose to become a destination for whitewater companies and guides, allowing them to teach and float later in the season.

Another reason for the whitewater park is to give boaters a safer place to have fun in the rapids. With local knowledge, boaters can learn to ride the famed “M-Wave,” a large, continuous whitewater wave located on the south canal, east of Montrose. Using the park – at least at first – and avoiding the M-Wave will reduce the risk of injury, lawsuits and fatalities, according to officials…

In February, heavy equipment and surveyors with Evergreen-based Ecological Resources Consultants, Inc., spent weeks digging out a 1,500-foot stretch of the river to improve fishing habitat. The work took place directly south of the fishing bridge in Baldridge Park behind the park’s softball fields.

Re-shaping the river’s channel will not only improve the fishing habitat but also riparian wildlife areas along with entire river corridor, according to Renzo DelPiccolo of Colorado Parks and Wildlife in Montrose…

Through grants, lottery funds and city contributions, the cost of renovating the river corridor has amounted to about $900,000 so far, according to Bell.

More Uncompahgre River watershed coverage here.


BLM signs decision approving whitewater park at Pumphouse #ColoradoRiver

August 22, 2014
Pumphouse, Radium campgrounds via the Bureau of Land Management

Pumphouse, Radium campgrounds via the Bureau of Land Management

From the Bureau of Land Management:

The Bureau of Land Management signed a Decision Record Aug. 15 authorizing the proposed Gore Canyon Whitewater Park at the Pumphouse Recreation Site on the upper Colorado River.

Grand County submitted a right-of-way application to build the feature across the full width of the river upstream of the Pumphouse boat launch 2. The county was recently awarded historic water rights for constructing this waterpark.

The feature consists of engineer-designed boulders and block-like concrete objects placed across the stream channel that would not be visible at normal flows and would allow for fish passage at all flow rates. Construction is scheduled to begin in November.

“The project will provide a unique recreational experience for the 60,000-70,000 people that visit the area each year,” said BLM Kremmling Field Manager Stephanie Odell. “It will also provide permanent protection for water flows supporting fishing and recreational floatboating.”

Developing a recreational in-channel diversion below Gore Canyon implements part of the Colorado River Cooperative Agreement among Denver Water and more than 30 Western Slope entities.

The Decision Record, Finding of No Significant Impact and Environmental Assessment are available on-line at: http://www.blm.gov/co/kfo.

More whitewater coverage here.


BLM okays new Colorado River whitewater park #ColoradoRiver

August 21, 2014

Originally posted on Summit County Citizens Voice:

kayakPumphouse site to get new play feature for boaters

Staff Report

FRISCO — Along with the incredible natural terrain of the Colorado River through Gore Canyon, boaters will soon also have an artificial place to play. The Kremmling Field Office of the Bureau of Land Management this week announced approval of the proposed Gore Canyon whitewater park at the Pumphouse Recreation area, west of Kremmling in the Upper Colorado River Valley.

View original 197 more words


Water court case for Glenwood whitewater parks gets two new players — Aspen Journalism #ColoradoRiver

August 14, 2014
City of Glenwood Springs proposed whitewater parks via Aspen Journalism

City of Glenwood Springs proposed whitewater parks via Aspen Journalism

Click through for the graphics. From Aspen Journalism (Brent Gardner-Smith):

American Whitewater and Western Resource Advocates have joined a long list of other parties in state water court now scrutinizing an application from Glenwood Springs to create water rights for three new whitewater parks on the Colorado River.

The two conservation groups were allowed on June 6 by water court judge James Boyd to intervene in the case, even though they had missed the original deadline to do so.

Glenwood Springs applied for a new water right on Dec. 31, 2013. The 60-day deadline to file a “statement of opposition” in the case was Feb. 28.

The court received 13 such statements, which despite their name, also can be a way for other parties to conveniently monitor a case or actually be in support of an application.

Both American Whitewater and Western Resource Advocates support Glenwood’s application, which would secure a right to a “recreational in-channel diversion,” or RICD, in which river water is diverted through concrete structures embedded in a river channel, but otherwise not diverted or consumed.

The conservation groups said they should be allowed to join the case because they were concerned, in part, about Glenwood’s resolve in water court “to pursue a full suite of flows” after seeing statements of opposition come in from Aurora, Colorado Springs and other powerful water interests.

“We were a little surprised by how much opposition there was, especially from some of the heavy hitters on the Front Range,” said Rob Harris, a staff attorney with Colorado Resource Advocates who was the lead attorney for both his organization and American Whitewater. “We just wanted to make sure that the city had some allies and that voices in support of recreation were heard.”

Three parks, six waves

Each of the three whitewater parks Glenwood Springs is proposing to build on the Colorado River would have two concrete control structures embedded into the river to create ridable waves — as well as clear passage — for everything from commercial rafts to pool toys.

The uppermost park on the river would be at the No Name rest stop on I-70, at exit 121. The rest stop area includes both CDOT property and private land along the river.

The next spot downstream is at Horseshoe Bend, where I-70 goes into a short tunnel. The location can be accessed off of exit 118 at No Name, or from the bike path that runs along the river.

“The city of Glenwood Springs owns the land along both banks of, and under, the river where the RICD control structures would be constructed,” says a report by S2o Design & Engineering about the Horseshoe Bend site. “Immediately upstream, the Bureau of Land Management manages the property and has developed a covered picnic area and boulder weir to produce a large river eddy.”

Expressions of concern

The concerns of the parties in the case that had filed statements of opposition were shared in a case management conference in late April. The water court referee, Holly Kirsner Strablizky, filed minutes from the conference call with the court on April 24.

The attorney for the Homestake Steering Committee, which is an entity jointly controlled by the Front Range cities of Aurora and Colorado Springs, “stated that it is an upstream water rights owner,” according to Strablizky’s minutes. “It is [involved in case] to ensure that there are appropriate terms and conditions to address impacts on compact and compact carve-outs.”

Such “carve-outs” allow for flexibility in the face of a “compact call” or a demand from downriver states for more water, while another type of “carve-out” allows for some future level of new water development by upstream parties outside of any new restrictions created by a proposed RICD. Such carve-outs were agreed to in the decrees for recently completed RICDs in Basalt, Carbondale and Grand County.

“It was an approach to settle those cases short of litigation,” said Chris Thorne, an attorney with Holland and Hart, which is representing Glenwood Springs in the water court application and also represented Carbondale in its RICD case. “The carve-outs preserve the ability for some reasonable additional water development upstream of the proposed boating parks. And to address concerns of upstream municipal water suppliers about protection of future water supply.”

Thorne added that he wasn’t suggesting that such a carve-out would be necessary or appropriate in the case of the Glenwood RICD.

On April 30, American Whitewater and Western Resource advocates filed a joint statement of opposition and a motion to intervene.

The two nonprofits, referring to themselves as “the conservation groups,” told the court they “should be afforded the opportunity to defend this important proposed RICD.”

Under state law, only certain governmental entities, such as cities and counties, can apply for a RICD, which means that conservation groups cannot do so on their own.

The two groups told the court they “cannot rely on the city of Glenwood Springs to adequately represent their interests in this litigation” and that it “is feasible that changes in policy or administration may cause the city of Glenwood Springs to shift away from a zealous defense of the full suite of flows.”

Harris, the attorney for the conservation groups, said it was important in the motion to draw a distinction between the interests of the city and the conservation groups, but that he currently doesn’t doubt Glenwood’s resolve in the case.

All the other parties in the case consented to the effort by American Whitewater and Western Resource Advocates to join the case. However, in consenting, Aurora and Colorado Springs also went on record stating legal reasons why the motion to intervene should be denied.

The two Front Range cities said the conservation groups role in the case should be “limited accordingly” and that they would “monitor the participation” of the conservation groups to make sure they didn’t “take over” the case.

Over 1,250 cfs

Denver Water, another powerful Front Range water entity, also consented to the groups joining the case, but it did so without formal comment.

At the April 24 case management conference, an attorney for Denver Water “stated that it is OK with 1,250 cubic feet per second (cfs) and it is not sure about the larger flow claims,” the referee wrote in her minutes.

The reference to 1,250 cfs is a reference to the proposed base flow of the three whitewater parks, and, not coincidentally, also to the 1,250 cfs water right that has been exercised by the Shoshone hydropower plant, six miles up river of the proposed parks, since 1907.

A base-level instream flow right of 1,250 cfs is proposed for all three of the whitewater parks, and that flow would be in effect from April 1 to Sept. 30.

A secondary flow right of 2,500 cfs would be in place for 46 days, between April 30 and July 23. And a flow of 4,000 cfs would be in place for five days between May 11 and July 6.

“Based upon interviews with the boating community, the response was a desire to maintain a flow of 2,500 cfs as long as possible and to have a late season event around the Fourth of July when other whitewater parks do not have reliable flows,” says a report from Wright Water Engineers.

The proposed 183-day water-right season includes 46 days at levels above the base flow of 1,250 cfs, and it’s not clear if that will be acceptable to Denver Water, which agreed to the 1,250 cfs level for a new Glenwood RICD in the recently signed Colorado River Cooperative Agreement, but not to new water rights above that level.

No threat to water developers

The report also concluded that “there are numerous existing transmountain diversion projects upstream of the Glenwood Spring’s RICD that are senior to 2013. Ongoing efforts to firm up the yield of these projects would not be adversely affected by the city’s RCID claims.”

And it concluded that the RICD “has no effect on the ability to develop additional water supplies on the lower Colorado River, including the Roaring Fork River, the White River, the Yampa River, or the Gunnison River.”

In the April 24 case management conference, an attorney for CDOT said “it needs to ensure that proper channels are pursued in obtaining right to access,” according to the water referee.

An updated report on the design and engineering of the parks, submitted to the court by S2o Design & Engineering on May 30, noted that “a collaborative process with CDOT has been initiated to identify cooperative management opportunities at the rest area to provide for parking, access and site facilities use.”

There is another agency that is concerned about the Horseshoe Bend proposal.

An attorney representing the Bureau of Land Management said “it is [involved in] the case to ensure that the applicant obtains access properly,” according to the water referee.

The location of the third whitewater park is at the upper end of Two Rivers Park, just above the confluence with the Roaring Fork River, which flows into the Colorado a few blocks west of downtown Glenwood.

In all, the three parks are located across 3.25 miles of the Colorado River. The “Glenwood wave,” an existing whitewater park in West Glenwood, is downstream of the three proposed parks.

The parties in the water court case now have until Sept. 12 to provide comments to Glenwood Springs on the new reports about the proposed parks. The Colorado Water Conservation Board has been granted until Feb. 2015 to submit its required findings on the city’s application.

And, perhaps optimistically, the water referee’s April 24 minutes state that “all parties believe the case can remain in front of the referee” and not require the involvement of James Boyd, the water court judge in Division 5.

“We’re optimistic that when folks sit down at the table, they can see that they can protect their own interests with little impact on the application,” said Harris of Western Resource Advocates. “And we’re certainly open to hearing any good faith concerns the opposers might have.”

More whitewater coverage here.


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