Many eyes are on the proposed expansion of the #RioGrande del Norte national monument

Rio Grande del Norte National Monument via the Bureau of Land Management
Rio Grande del Norte National Monument via the Bureau of Land Management

From the Valley Courier (Ruth Heide):

A proposed national monument expansion may not receive a ringing endorsement from the Rio Grande Water Conservation District, but the district is willing to keep an eye on the process.

The board for the district, which represents water interests throughout the San Luis Valley, discussed the proposed expansion of the Rio Grande del Norte National Monument on Tuesday and met with Ana Lee Varga, project coordinator for Conejos Clean Water, which is spearheading the expansion.

Varga is currently working with Tami Valentine, one of the opponents of the expansion , to bring people together to discuss the issue. Rio Grande Water Conservation District (RGWCD) General Manager Cleave Simpson said he was willing to represent the district’s water interests in this “stakeholder” group. “There is no change in their status, no draft proclamation ,” Simpson told the water board during their Tuesday meeting. “They are trying to put together a stakeholder meeting.”

Currently the monument, designated by President Barack Obama in 1993, covers 242,000 acres in New Mexico in the Rio Grande Gorge and Taos Plateau areas up to the Colorado state line. Conejos Clean Water and others have proposed to expand the monument into the San Luis Valley.

In meeting with the RGWCD board on Tuesday, Varga said Adams State University Professor Armando Valdez volunteered to help draft language as a starting point for the monument expansion, specifically detailing traditional uses that would be protected.

“This is a staring point, not a final draft,” Varga said.

Varga said Valdez included language recommended by RGWCD Attorney David Robbins protecting traditional uses such as grazing. Other traditional uses included in the draft are fishing, piñon wood and herb gathering.

RGWCD board member Lewis Entz said that while the group proposing the monument expansion is saying traditional uses like grazing and hunting would still be permitted, that has not always occurred under monument designations in the past. Some monuments restrict grazing, for example.

“Once you develop this into a monument, you don’t know what’s going to happen,” he said.

Varga said that’s why it is important to get the stakeholders together. She said the Conejos County commissioners are supportive of a stakeholder group to discuss issues around the monument expansion.

RGWCD board member Lawrence Gallegos, a Conejos County resident, said it is true that grazing has been limited on some national monuments but not all.

“There are several national monuments that grazing and traditional uses are still allowed ,” he said.

“At this point we just need to monitor where things are going,” he added.

Varga said half of the Conejos Clean Water’s board are ranchers, and they do not want to see cattle or other traditional uses eliminated on the proposed monument.

“When we started this initiative, we did not want to drive a wedge in the community in any way,” Varga said. “What we are trying to do is bring community members together.”

Varga said she hoped the stakeholder group could meet in the next few weeks. She and Valentine are currently trying to find a neutral facilitator to lead the discussion. Conejos Clean Water will not facilitate the gathering, she said, and neither she nor Conejos Clean Water Executive Director Justin Garoutte would sit at the table, but a board member would represent Conejos Clean Water at the meeting.

Other constituencies that would be represented would include the Farm Bureau, planning commission, ranchers and small business owners , Varga said.

Varga said since the group could not find a neutral facilitator to oversee the meeting pro bono, the proponents and opponents were going to split the cost of hiring someone.

Varga said so far the dialogue has been for or against, and she would like to see people talking together about it.

She said Conejos Clean Water and other supporters feel strongly that there would be positive impacts from the monument expansion, such as protecting sacred lands. National monument designation could also bring funding with it, she said.

Entz said he was concerned about the inclusion of the already designated Rio Grande Natural Area in the monument expansion and said a map of the proposed area seemed to overlap the two.

Varga said there was no official map yet, and the proponents were willing to exclude areas such as the Pikes Stockade, which has already been taken out of the equation.

RGWCD board member Dwight Martin, a Conejos County resident, said many people oppose the monument expansion. Groups that have publicly stated their opposition to it include the Conejos County Commissioners, Conejos Water Conservancy District, Conejos County segment of the Colorado Farm Bureau, San Luis Valley Cattlemen’s Association, Colorado Cattlemen’s Association “and a myriad of individuals.”

Martin said 300 letters and 832 signatures have been sent to Colorado congressmen in opposition to this designation, and at a meeting he attended, there was a room full of landowners, who probably represented 90 percent of the land owned in Conejos County “not one jumped up and said they were in agreement this monument should be in place.”

Gallegos said there were also groups, such as three or four municipalities, that publicly stated their support for the monument expansion. There are as many letters in support for it as in opposition, he added.

“I think there’s not a reason for us to move forward in either support or opposition to it at this point until we really know what direction it’s going to go,” Gallegos said. “I don’t feel like we need to antagonize half of the community by taking a stand one way or another.”

Martin said he was concerned about the water language that might be included in the monument designation. He said his main concern was the water issues and potential impacts the designation might have on water and specifically the Rio Grande Compact.

“I think that it’s probably a water grab,” he said.

He added he understood Forest Guardians were looking for water upstream of New Mexico, and he was concerned this might be an attempt to take some of the Valley’s water.

“If water has to be given up, it’s a threat to all of us,” he said.

Martin said the federal government could determine the water needs for the monument .

Robbins said congress has and can state in a monument designation what water rights the monument would be entitled to. Those rights can also be limited in a monument designation, he added.

Martin asked if a group like WildEarth Guardians could sue the federal government if it did not like the water language that was included in the monument designation. Robbins said that would depend on how the monument boundaries were drawn. He said if the boundaries did not include flowing rivers such as the Conejos River and the San Antonio, “the federal agencies would not have any more authority than they have today.”

If those rivers are included, however, “you want to pay more attention.”

That is why the water district is paying so close attention to this issue, to make sure the existing Rio Grande Natural Area is not negatively affected, Robbins explained.

“We want to make sure any proclamation by the president or ” congress would contain specific recognition of the existence of the natural area and specific statements it would not upset or change any management prerogatives of the management area or ” water resources in the Rio Grande,” Robbins said. “If the monument touched the Conejos or San Antonio, we would want to do the same thing there.”

Robbins said the best solution would be no overlap of the monument and the natural area. He reminded the board the natural area extends a quarter mile on either side of the center of the Rio Grande.

“I really believe there won’t be any rivers within the boundaries if everything is done properly,” Robbins said. He said he believed the congressional delegation was sensitive to the district’s and the Valley’s water issues.

Robbins also explained that if the area under consideration for monument expansion were included in the Rio Grande del Norte National Monument, it would still be under the jurisdiction of the Bureau of Land Management. One of the major differences in use, he added, would be that now the BLM land could be used for gas and mining leases but under monument designation could not. That is one of the reasons proponents are recommending the monument designation.

Robbins said the same restriction was tied to the Rio Grande Natural Area as well, no mineral development.

More coverage of the recent meeting of the Rio Grande Water Conservation Board from Ruth Heide writing for the Valley Courier:

Although rain was a welcome sight during a Tuesday water meeting in Alamosa, it may not be a frequent occurrence as the year progresses.

Colorado Division of Water Resources Division 3 Engineer Craig Cotten on Tuesday shared the longterm precipitation forecast for this region, which calls for below average precipitation. He said the forecast for July through September calls for “equal chances” in this region but through November the weather service forecast calls for below average rainfall.

Water users on both the Rio Grande and Conejos River systems are currently under curtailment to meet Rio Grande Compact obligations , Cotten told members of the Rio Grande Water Conservation District board on Tuesday. The curtailment on the Rio Grande is currently about 9 percent and on the Conejos about 13 percent.

Cotten said the annual forecast for the Rio Grande is 690,000 acre feet, of which the obligation to downstream states through the Rio Grande Compact will be about 200,000 acre feet. From now through October the Rio Grande will have to deliver about 11,500 acre feet to meet that obligation, Cotten explained.

The forecast for the Conejos River system is 290,000 acre feet, of which 102,000 acre feet are obligated through the Rio Grande Compact.

Cotten reported that the Conejos River was higher through June over last year’s flows during that time period but this month is a fair amount lower than last year and significantly lower than average.

The Rio Grande showed a similar pattern, he added, with fairly high flows in May, compared to last year, and higher than average. The first part of June was similar to last year, but after the peak the river dropped hard. The latter part of June the Rio Grande was below average and has continued to be below average this month.

Don’t take more than you need: wrangling wasted water on the Western Slope

Erin Light, center, and Shanna Lewis in a pasture with a horse while checking on the Meeker Ditch on July 11. Light has curtailed diversions into the ditch, which she determined was wasting water.
Erin Light, center, and Shanna Lewis in a pasture with a horse while checking on the Meeker Ditch on July 11. Light has curtailed diversions into the ditch, which she determined was wasting water.

MEEKER – The big horse in a pasture east of Meeker along the White River seemed happy to see Erin Light, a state division engineer, and Shanna Lewis, a water commissioner, when they went to take a look at the amount of water flowing through the Meeker Ditch on July 11.

Lewis, who grew up on a Colorado ranch, praised the horse’s beautiful, deer-like coloring and said they’d become friends on her frequent visits to check the ditch.

But the warm equine reception the two enforcers of Colorado water law received differed from the response they sometimes get from ranchers in Division 6, which encompasses the Yampa, White and N. Platte river basins, especially when they are visiting a ditch because they think its operator is diverting more water than they need through their head gate.

“I would say I’m more telling than I am curtailing,” said Light, who has been the division engineer based in Steamboat Springs since 2006. “There have only been a few situations where I’ve actually said, ‘That’s it. We’re curtailing you.’ And they’re very obvious situations where they’ve got a lot of water going down the tail end of their ditch, where you can’t argue that this isn’t waste.

“Where the problem becomes in determining waste is that I can go out to a piece of land and say, ‘Oh my gosh, you’ve got 6 inches of water on this land. There’s ducks swimming around. This is wasteful,’” she 
continued. “You can go to the landowner or the irrigator and say, ‘This is waste,’ and they’ll stare you right in the face and say, ‘The hell it is.’”

Division and state engineers working for Colorado’s Division of Water Resources, as Light does, are the only officials who have the authority to determine if waste is occurring on an irrigation system. And their primary response is to curtail wasteful flows at the head gate.

But determining if there is waste in a ditch is a case-by-case exercise. It’s site-specific and time sensitive, and it can take time to understand how someone manages their ditch.

There’s no state definition of waste or written guidelines, but in the end it’s a fact-based analysis focused on how much water is needed to irrigate so many acres.

An allowance is also made for customary inefficiencies on a ditch system. Water leaking out of an old ditch, for example, is not considered waste. But beyond inefficiency, which is often a physical issue, there is waste, which is usually a water-management issue.

And waste is a much bigger issue on the Western Slope than on the state’s drier eastern plains, where irrigators have long watched for anyone wasting water.

A field flooded with water from the Yampa RIver this year. Erin Light, the division engineer for Div. 6, said this is an example of diverting more water than is necessary.
A field flooded with water from the Yampa RIver this year. Erin Light, the division engineer for Div. 6, said this is an example of diverting more water than is necessary.

Free river, or not

In 2014, Light served the Meeker Ditch with a written curtailment order, and she also told the big Maybell Canal on the Yampa River that they had to stop wasting water.

And she did so even though neither river was “under administration,” the term for the body of water being called out by senior downstream diverters, so both were considered in a “free river” condition.

Nor was there another water right that was being injured by either ditch’s diversions.

Just in the past 10 days, Light’s office has informed rancher Doug Monger that water is being wasted in the irrigation system he manages on his Yampa River Ranch three miles east of Hayden.

Monger is a Routt County commissioner, a member of the Yampa-White Roundtable, and a director on the Colorado River Water Conservancy District’s board.

When asked Tuesday, during a break in a day-long strategic retreat at the River District, about Light’s belief that he was wasting water, he responded in a way that she has heard before.

“I don’t know what the hell difference it makes if I’m wasting water or not, it’s going back in the river,” Monger said. “Who the hell cares, if it’s a free river.”

“I know he is wasting water,” Light said Monday of Monger. “And he should be the poster child of what should be done, not what shouldn’t be done.

“About 10 days or so ago, our water commissioner approached a bunch of water users in the ditch system,” she explained. “There are several ditches that combine and co-mingle there.

“They were immediately going, ‘That’s Doug Monger’s responsibility, Doug’s the one controlling that,’ which I take as Doug is the one controlling the head gates,” Light said. “One of our water commissioners, Brian Romig, went to Doug and said, ‘We’ve got a problem here. You’re diverting too much water.’ From what Brian told me, Doug somewhat recognized it. He concurred that he needed to reduce his diversions.”

But Tuesday, Monger was not willing to go that far, saying he understood from the water commissioner only that he was still figuring out how Monger’s ditch works.

“I won’t acknowledge it,” Monger said of the allegation that he was diverting more water than he needs. “And if they start coming up with some scenario on it, we can always get our attorney. “

That was the same initial response that David Smith, the primary shareholder on the Meeker Ditch, had when Light curtailed his ditch in 2014.

But since then, and after spending $40,000 in legal and engineering fees, Smith has come around to see Light’s point.

“I would tell you that Erin and I started out on opposite ends on this thing, but both of us have kind of tried to work our way towards middle ground that we can both agree on,” he said.

Smith was busy this week bringing in hay on his well-tended fields along the White River just west of Meeker — the same fields his grandfather irrigated.

“I’ve had some disagreements with her, but Erin is an intelligent gal,” he said of Light, who has a master’s degree in civil engineering from Colorado State University with an emphasis in hydraulics and hydrology. “We’ve worked with her, and we’ve worked with the people that she has here, and at the end of the day it’s helped all of us, and I think we’re all better educated because of it.”

Well-tended fields along the White River west of Meeker irrigated by the Meeker Ditch. The ditch has been directed to divert less water at its headgate than it used to.
Well-tended fields along the White River west of Meeker irrigated by the Meeker Ditch. The ditch has been directed to divert less water at its headgate than it used to.
Shanna Lewis, a water commissioner in Div. 6, inspecting the Meeker Ditch's measuring flume. Lewis suggested it's easy for outsiders to critique how ranchers manage their water, but that there are a lot of factors, and experience, involved that are not always readily apparent.
Shanna Lewis, a water commissioner in Div. 6, inspecting the Meeker Ditch's measuring flume. Lewis suggested it's easy for outsiders to critique how ranchers manage their water, but that there are a lot of factors, and experience, involved that are not always readily apparent.

Laying down the law

The Meeker Ditch has a water right dating back to 1883 to divert 20 cubic feet per second (cfs) of water and two other later and smaller rights that allow it to divert 25.95 cfs in all.

The ditch diverts water from the White River just east of Meeker, runs it through Meeker proper, and then to fields west of town. (See map).

In her August 2014 curtailment order, Light said the historic water rights held by the Meeker Ditch represent enough water to irrigate about 1,000 acres, but today only 153 acres are actively being irrigated. And engineers at Resource Engineering Inc. calculated that the Meeker Ditch only needed 6 cfs to irrigate the fields still served by the ditch.

Attorney Kevin Patrick of Patrick, Miller and Noto, a water law firm with offices in Aspen and Basalt, had hired a Resource Engineering to analyze the irrigation ditch on behalf of a client who owned commercial property under the ditch.

Since 2004, the property had been intermittently subject to flooding by water leaking from the ditch.

Patrick sent the engineering report and a letter to Light. “The ditch is diverting unnecessary water which is merely being spilled” and “the excessive running of water, over that reasonably required for the reasonable application of water to beneficial use for the decreed purposes and lands, is forbidden” under state law, the letter says.

After investigating the matter, Light found the ditch had been consistently diverting about 20 cfs at its head gate, but was then sending much of the water out of the ditch and down Curtis Creek, Sulphur Creek or Fairfield Gulch, back toward the White River.

Light then curtailed diversions at the Meeker Ditch head gate, which she has the authority to do. And when asked to do so by Smith, she put the curtailment order in writing.

“Colorado statute clearly prohibits the running of water not needed for beneficial use,” Light wrote in her order, dated Aug. 15, 2014.

Light cited a Colorado statute that reads “it shall not be lawful for any person to run through an irrigating ditch any greater quantity of water than is absolutely necessary for irrigating his land, it being the intent and meaning of this section to prevent the wasting and useless discharge and running away of water.”

And she addressed the issue of water being released from the ditch and back to the river.

“Generally when water is being wasted off the end of the irrigated acreage, through waste gates, or at the tail end of the ditch, the head gate should be turned down to eliminate that waste of water,” Light wrote. “In this case it appears that water is being diverted at too great a rate for the lands that are being irrigated, and the rate of diversion is not being reduced to eliminate waste.”

Light’s stance on enforcing waste has the backing of her boss, State Engineer Dick Wolfe.

A photo from the Resource Engineering report documenting waste on the Meeker Ditch in 2014. Water from the ditch is being turned out into Sulphur Creek, while the main flow in the ditch continues through the pipe above the outfall.
A photo from the Resource Engineering report documenting waste on the Meeker Ditch in 2014. Water from the ditch is being turned out into Sulphur Creek, while the main flow in the ditch continues through the pipe above the outfall.

Use it or lose it?

Both Wolfe and Light served recently on a committee, convened by the Colorado Water Institute at Colorado Springs University, that issued a report in February on the widely brandished piece of advice to irrigators to “use it or lose it.”

The report is called “How diversion and beneficial use of water affect the value and
measure of a water right” and is subtitled “Is ‘use it or lose it’ an absolute?”

The 11-page report ends with several declarative statements about waste that give further backing to Light’s approach, and that she might well wish to see chained to every head gate on the Western Slope.

“Water that is diverted above the amount necessary for application to a beneficial use (including necessary for transit loss) is considered waste,” states the report.

“Increased diversions for the sole purpose of maintaining a record of a larger diversion are considered waste,” it says, referring to the practice of diverting toward the full amount of a decree in order to bolster the future potential value of a water right.

And, “Wasteful diversions will either be curtailed, or will not be considered as part of the water right’s beneficial use.”

Wolfe, who recently gave a presentation to the Colorado Ag Water Alliance on the “use it or lose it” report, said that Light is not being overzealous in her enforcement of waste.

“She is not going out and as a division engineer purposely looking and being more assertive or aggressive about trying to find where waste is going on,” Wolfe said. “These are ones that just came to our attention.”

Alan Martellaro, the division engineer for Division 5, has not taken the same approach as Light when it comes to curtailing waste.

“To actually actively go look for waste is not something that’s historically been done unless there’s a call on the stream,” said Martellaro, who is based in Glenwood Springs and whose jurisdiction includes the Colorado, the Roaring Fork and the Crystal river basins. “It just hasn’t been the mode we’ve ever been in.”

Kevin Rein, the deputy state engineer who also served on the “use it or lose it” committee, said issues vary from division to division.

“In Division 6, in the Yampa-White, we’ve had periods of free river without administration for a long time, because it hasn’t been over-appropriated,” Rein said. “That means not being water short. So very often people were just diverting whatever they wanted because, why not? But she’s really directing herself to getting people to measure their diversions and pay attention to duty of water. I think you choose what’s important in your division. That’s important in her division.”

“Duty of water” is essentially how much water someone needs to grow crops on a certain amount of land, without waste. In the Yampa and White river basins, the duty of water is generally held to be that it takes 1 cfs to adequately irrigate 40 acres of land.

After giving a presentation at a water workshop in Gunnison in June about the “use it or lose it” report, Rein was asked why the state doesn’t go around and curtail people who are over-diverting.

“We do, as resources allow,” Rein said. “It’s simply a matter of looking at our water districts where we, maybe, have one water commissioner and maybe a deputy. Maybe if they each had two or three more deputies, then we could do that.”

Light sounds like she could use some help.

“When it comes down to obvious waste,” she said, “I would say we have a tremendous problem with it. I had a long-standing water commissioner — he was with us for 40 years and grew up a rancher — tell me one day, ‘The problem with irrigators today is they don’t go out and move their sets. They just open the head gate wider.’”

“Sets” refers to how irrigators have set various control points, such as check dams and internal head gates, along their ditches.

“That just blew me away,” Light said. “Here’s a longtime rancher living in the community of Meeker his entire life who is more or less telling me that his co-irrigators … just open up their head gate and don’t move sets anymore. To me, that’s where the inefficiency is. Go out, divert less water, and move your damn sets.”

Erin Light, after being asked to pose for a photo at the headgate of the Meeker Ditch. Light has curtailed diversions into the ditch to reduce the amount of water being wasted in the ditch system.
Erin Light, after being asked to pose for a photo at the headgate of the Meeker Ditch. Light has curtailed diversions into the ditch to reduce the amount of water being wasted in the ditch system.

Defending Light

After receiving Light’s written curtailment order in August 2014 on the Meeker Ditch, Smith appealed it to an administrative hearing officer, which was a rare move.

Wolfe said the appeal, which was addressed to him, “is the only curtailment order that I am aware of that has been appealed since I have been state engineer.” He’s been state engineer since since 2007 and has been with the Division of Water Resources since 1993.

An attorney for the Meeker Townsite Ditch Co., which owns the Meeker Ditch, told the state that Light was “attempting to restrict the diversion of water down the Meeker Ditch at a time when the White River is not under an administrative call and at a time when no other water rights owner is affected by the diversion.”

At that point, the state stepped in to defend Light’s curtailment order, and Philip Lopez, an assistant attorney general, prepared an answer to Smith’s appeal.

In his answer, Lopez cited a relatively straightforward statute that reads: “During the summer season it shall not be lawful for any person to run through his irrigating ditch any greater quantity of water than is absolutely necessary for irrigating his land, and for domestic and stock purposes, it being the intent and meaning of this section to prevent the wasting and useless discharge and running away of water.”

And he quoted the Colorado Supreme Court in Fellhauer v. People, where it said, “The right to water does not give the right to waste it.”

As to the matter of Light, or any other division engineer, not being able to curtail waste if there is not a call on the river, Lopez wrote “the division engineer has the authority to curtail [the Meeker Ditch’s] wasteful diversions at any time pursuant to [state law], regardless of whether or not the White River is under administration.”

Lopez did concede, though, that the water rights held by the Meeker Ditch still allowed it to divert water, as long as they did so “without waste.”

That’s an important distinction for Smith, who insists that he wasn’t technically curtailed, only that he can’t waste water when diverting.

“She hasn’t curtailed me to the amount of water that I can use,” Smith said. “All that Erin tells me is that whatever amount of water I have in the ditch, that she doesn’t want us wasting any water.”

Light has a different take.

“We curtailed them,” Light said. “We issued an order to stop wasting. They hired an attorney. They hired an engineer. It went to the hearing officer. They don’t waste anymore.”

The hearing officer in the case denied the ditch’s appeal, indicating it was a matter for water court. But Smith declined to go there.

“We kind of came to a working agreement that we were going to try to work with it, but as far as the laws, there was never a test case,” Smith said.

That may be, but on July 11, when Light and Lewis measured the flow in the Meeker Ditch, it was running at 6 cfs, not 20 cfs as it often used to.

The diversion structure for the Maybell Canal on the Yampa River east of Maybell. The ditch has been working to reduce diversions after the division engineer found it was diverting more water than it needed.
The diversion structure for the Maybell Canal on the Yampa River east of Maybell. The ditch has been working to reduce diversions after the division engineer found it was diverting more water than it needed.

The Maybell Canal

Light has also curtailed another irrigation ditch in Division 6, the Maybell Canal on the Yampa River near Maybell, which she found was similarly diverting more water than it needed.

The canal has a decree from 1899 to divert 129 cfs from the Yampa into a head gate located in a canyon on the edge of Little Juniper Mountain, about 30 miles west of Craig. (See map).

The waste on the Maybell Canal was brought to Light’s attention by one of her water commissioners who’d visited the ditch. Light then verbally instructed the canal’s manager to stop wasting water. Mike Camblin, manager of the Maybell Irrigation District, wasn’t happy when he got the curtailment order from Light, but he’s now working to secure funding to make $197,000 worth of improvements to the irrigation system.

On July 13, the Yampa-White-Green basin roundtable approved a $108,000 grant of state funds to help fix several issues on the ditch system. One of those improvements is a modern, automated “waste gate” a mile below the head gate.

Camblin said such a remote-controlled system won’t work at the head gate, which is higher up in the canyon without cell phone service and prone to being washed out by high water.

But he is willing to use the automated gate to reduce sending more water than necessary out the bottom of the ditch, where the water returns to the Yampa River.

The arrangement for the new gate does not entirely please Light, however. She insisted that Camblin agree to send someone up to the head gate within three days after receiving information from the new automated gate that they are over-diverting.

An agreement to that end has been worked out and is poised for adoption, both Light and Camblin said.

“The whole goal is to not only help Erin out but to make us better at what we do,” Camblin told his fellow roundtable members on July 13.

In an interview this week, Camblin said, “At times we were probably taking more water than we need, but that’s what this whole process is about, to cut that down.” He said he is forging a productive working relationship with Light.

“I think it all comes down to communication, especially with Erin and the water commissioners,” he said. “If they get to know us and how our ditch can run better, and we allow them to do that, and we communicate, we can solve a lot of problems.”

Water diverted into the Maybell Canal enters a flume a mile below the headgate and crosses the Yampa River. A remote-operated outlet is to be installed just above the flume in an effort to reduce diversions into the ditch.
Water diverted into the Maybell Canal enters a flume a mile below the headgate and crosses the Yampa River. A remote-operated outlet is to be installed just above the flume in an effort to reduce diversions into the ditch.
The Maybell Canal, towards its end, below the town of Maybell, on July 13, 2016. The ditch is working to waste less water by reducing diversions from the Yampa River.
The Maybell Canal, towards its end, below the town of Maybell, on July 13, 2016. The ditch is working to waste less water by reducing diversions from the Yampa River.

Watch that stick

Dan Birch, the deputy general manager at the Colorado River Conservation District and a member of the Yampa-White basin roundtable, is supportive of the improvements that Camblin is trying make on the Maybell Canal.

“I think Mike’s really trying to do the right thing, and I think he wants to take a look at ways he can manage his diversions better,” Birch said. “I certainly don’t think he’s diverting just for the sake of diverting.”

Birch also cautioned against using a stick to beat back waste.

“You can’t go into a situation and say, ‘Hey, you guys are wasting water, I want you to reduce your diversions,’” Birch said. “You really have to be prepared to go into that situation and say, ‘Hey, look, here’s something that we’re seeing here. Let’s have a conversation. I’m interested in exploring what we might do to improve flow in the river.’”

But Light feels the Maybell Canal needed to be prodded into action.

“What has partially pushed the Maybell Canal to go the direction they have is us really putting our foot down that we’re not going to allow this waste to continue,” she said. “Again, the waste is so blatant. They were diverting about 54 cfs at the head gate, and we estimated about 18 cfs going out the tail end. It’s like, ‘No, you can’t do that.’”

Birch was asked directly if he thought the Maybell Canal would be making its proposed improvements without Light’s enforcement actions.

“That’s a fair question, and my immediate response is probably not,” he said.

While Light has been able to work with both Smith and Camblin, she knows she’s raising the hackles of ranchers in the Yampa and White river basins.

“I don’t think the irrigation community wants to be told they’re wasting,” she said. “I’d love to do more as far as waste, but I do have to tread lightly.”

Editor’s note: Aspen Journalism, the Aspen Daily News and Coyote Gulch are collaborating on coverage of rivers and water. The Daily News published this story on Sunday, July 24, 2016

My book is now a thing that exists in the physical world — John Fleck @jfleck

waterisforfightingoverandothermythsaboutwaterinthewestjohnfleckcover

From InkStain (John Fleck):

There was a weird moment this afternoon when I was writing something and needed to dig out a reference from my book. (I do this a lot. It’s all there, the book has a lot of footnotes.) For a split second I started to follow the usual path on my hard drive to the final page proofs…. Click…. Pause….

Walk into living room, grab book off table, thumb through it. Yes, there it is, page 6, in the introduction.

I’ve been walking by the stack of books all weekend, reaching out and touching them, sometimes opening one up and reading a page.

During the flurry of attention around the release of Between the World and Me, Ta-Nehisi Coates at one point described the moment of terror when he was in the midst of the hard part of writing, when he realized the risk of abject public failure. To write a book is a deeply arrogant, deeply public act: “Please pay a substantial sum of money for what I have to say and spend hours reading it.” To fail at this is to fail in a very public way. I’m no Ta-Nehisi Coates, so my terror was of a different scale entirely, but it was no less real.

So I pick it up and I read a page and I’m pretty happy, and also relieved. It came out OK.

Water is for Fighting Over and Other Myths about Water in the West is available for pre-order, on the bookshelves at your favorite local bookstore Sept. 1.

Lead abatement begins — The Lakewood Sentinel

Roman lead pipe -- Photo via the Science Museum
Roman lead pipe — Photo via the Science Museum

From The Lakewood Sentinel (Glenn Wallace):

A recent sunrise saw Joe Centeno, a maintenance plumber with Jefferson County schools, already busy at work at Arvada’s Peck Elementary, changing out water cutoffs, connector lines and fixtures in hopes of improving the water quality.

The district’s effort to test water outlets at all 158 schools for high lead levels found 10 elevated level sites at the 50-year-old school — a sink in the teachers’ lounge, three sinks in the kitchen and six classroom sinks, some of which had bubbler drinking attachments.

“This is the guinea pig,” Centeno said. “We’ll see if this works.”

His best guess as a plumber was that the repairs should fix the problem, based on the scattered lead readings, as opposed to schoolwide contamination that would have required more extensive and expensive replumbing.

#ColoradoRiver: The Grand River Ditch — Greg Hobbs #COriver

The Grand River Ditch

A State Engineer Map of 1907-8 shows the Grand River Ditch diverting from Water District 51, upper Colorado River drainage, across the Continental Divide into Water District 3 in the upper Poudre River drainage (shown in red middle left hand side); also showing Chambers Lake (upper left hand side of map)

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July 20 inspection of Grand River Ditch led by Dennis Harmon, General Manager, Water Supply and Storage Company. From left to right Randy Gustafson (Water Rights Operation Manager, City of Greeley), Dennis Harmon, and Michael Welsh (Historian, University of Northern Colorado).

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The Grand River Ditch has an appropriation date of 1890 for 524.6 c.f.s of water diverted from the Colorado River Basin to irrigate 40,000 acres of land in the Poudre Basin through the Larimer County Ditch. The water flow of the ditch is continuously measured at this gauging station on La Poudre Pass.

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West of the Divide, the Grand River Ditch contours towards and around the Never Summer Range in Rocky Mountain National Park (established in 1915 after construction of the Grand River Ditch) for 14.77 miles to Baker Gulch.

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A wetland at the western side La Poudre Pass,

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gives birth to the baby Colorado River.

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Discarded horse slip scrapers bolted together perhaps to armor the spillway of a small now-breached dam in the vicinity of the ditch.

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The Grand River ditch is located above the Little Yellowstone Canyon with spectacular views of the Never Summer Range.

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The mining town of Lulu City was located down in the valley where, not far beyond, Lake Granby now gathers water for delivery east to Northern Colorado through the Adams Tunnel.

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In the early 21st Century a stretch of the Grand River Ditch was washed away and repaired. Rehabilitation of the mountainside is proceeding under supervision of the National Park Service. Water Supply and Storage Company contributed $9 million in settlement of NPS claims.

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The easement Water Supply and Storage Company owns for the Grand River Ditch also serves as a hiking path along a number of gushing creeks.

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The ditch is fitted with gates that are opened to bypass creek water after the summer season comes to a close.

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The water flowing through La Poudre Pass drops into Long Draw Reservoir located in the Roosevelt National Forest east of the Continental Divide.

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Moose and deer share wetland meadows of a long summer evening.

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Water Supply and Storage Company stores Poudre River water in Chambers Reservoir.

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Greg Hobbs and Dennis Harmon on the Continental Divide.

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Greg Hobbs, July 20, 2016.

Preserving Water for Agriculture with the Colorado Ag Water Alliance

Your Water Colorado Blog

By Greg Peterson

While I was raised in Littleton, I grew up hearing stories from my family about their farm. They were farmers and ranchers along Bear Creek until their land was taken under eminent domain for the Bear Creek Reservoir. I have a hard time picturing an agricultural community in an area that is now suburbs, golf courses, and a park. To create a metropolitan area like Denver, the landscape has changed completely and will continue to change. Today, many other communities are concerned how much longer their way of life can persist in the wake of such change.

By 2050, Colorado’s population will almost double to 10 million, bringing with it a water shortage of more than 500,000 acre feet per year. Municipalities will look to agricultural water as a source of supply. In that same timeframe, the irrigated acreage in the South Platte Basin may decrease by…

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Getting the lead out when we find it

Mile High Water Talk

Since March, Denver Water has replaced more than 260 lead service lines found during our construction work.

By Jay Adams

The Postal Service delivers mail to your mailbox. The power company sends electricity to your meter. And Denver Water provides safe drinking water to your service line, which connects our water main to your home.

Denver Water foreman, Johnny Roybal, overlooks Steve Foster (left) and Daniel Rubalcaba as they work to replace a lead service line. Denver Water foreman, Johnny Roybal, overlooks Steve Foster (left) and Daniel Ruvalcaba as they work to replace a lead service line.

There are nearly 200,000 service lines connected to Denver Water’s elaborate system of water mains, which run beneath the metro area. Some of those service lines are made of lead, and this can create a health risk if the lead leaches into your drinking water.

Service lines are owned and maintained by property owners, not Denver Water. And that’s the challenge, we don’t know which homes have service lines made of lead.

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