WISE Project set to turn dirt in June

May 26, 2015
WISE System Map September 11, 2014

WISE System Map September 11, 2014

From the Parker Chronicle (Mike DiFerdinando):

Western Summit Constructors Inc. has been contracted to oversee design and construction of major infrastructure for the Water Infrastructure and Supply Efficiency project. Construction will begin in June and continue into 2016, when water deliveries will begin.

“This is a significant milestone in our long-term plan to transition to a renewable water supply,” said Eric Hecox, executive director of the South Metro Water Supply Authority. “With construction agreements now in place, we will break ground in coming weeks to begin connecting water systems throughout the Denver metro area.”[…]

The group tasked with utilizing this water is the South Metro WISE Authority. The primary purpose of the authority is to reduce members’ dependence on nonrenewable Denver Basin wells and provide a reliable, long-term water supply for residents.

The WISE members are funding the new infrastructure that will move the water from Aurora’s Binney Water Purification Facility to its end locations, beginning in 2016. Water purchased by Douglas County entities, as well as by some of the other providers, will be stored at the Rueter-Hess Reservoir south of Parker.

prairiewaterstreatment

Prairie Waters Project schematic via Aurora Water

 

Aurora’s Prairie Waters system will provide the backbone for delivering water from the South Platte when Aurora and Denver Water have available water supplies and capacity.

The water will be distributed to the south metro communities through an existing pipeline shared with Denver and East Cherry Creek Valley Water and Sanitation District, plus new infrastructure that will be constructed over the next 16 months.

More WISE Project coverage here.


Colorado’s Water Plan and WISE water infrastructure — The Denver Post

May 19, 2015

WISE System Map September 11, 2014

WISE System Map September 11, 2014


From The Denver Post (James Eklund/Eric Hecox):

The Water Infrastructure and Supply Efficiency (WISE) project is a partnership among Aurora Water, Denver Water and the South Metro Water Supply Authority to combine available water supplies and system capacities to create a sustainable new water supply. Aurora and Denver will provide fully treated water to South Metro Water on a permanent basis. WISE also will enable Denver Water to access its supplies during periods when it needs to.

All of this will be accomplished while allowing Aurora to continue to meet its customers’ current and future needs.

Aurora’s Prairie Waters system will provide the backbone for delivering water from the South Platte when Aurora and Denver Water have available water supplies and capacity. The water will be distributed to the South Metro Denver communities through an existing pipeline shared with Denver and East Cherry Creek Valley Water and Sanitation District, and new infrastructure that will be constructed over the next 16 months…

WISE is a key element to this plan. With construction agreements in place, we will break ground in coming weeks to begin connecting water systems throughout the Denver Metro area. When WISE begins delivering water in 2016:

• The South Denver Metro area will receive a significant new renewable water supply;

• Denver will receive a new backup water supply;

• Aurora will receive funding from partners to help offset its Prairie Waters Project costs and stabilize water rates; and

• The Western Slope will receive new funding, managed by the River District, for water supply, watershed and water quality projects.

More WISE Project coverage here.


Aurora: Prairie Waters project update

April 16, 2015

prairiewaterstreatment

From 9News.com (Maya Rodriguez):

“Prairie Waters was born from the drought of 2002-2004, and is a way of fully utilizing Aurora’s water,” Aurora Water spokesperson Greg Baker said.

The Aurora Prairie Waters project is a large-scale effort to reuse water for a growing city.

“You have to think of sustainability,” Baker said. “How are you going to support a community like Aurora, which will probably double its population in the next 50 years? And where is that water going to come from?” Baker asked.

Most of Aurora’s water comes down from the mountains. Snow melt flows into the Colorado and Arkansas River basins. However, one third of Aurora’s water comes from the South Platte River. Its water that is, in effect, reused.

“If you use water in the shower, you wash your car, you take a bath – that water ends up back in the South Platte,” Baker explained. “We retreat down here, put it back in our system, and it ends up back in the South Platte again. We get to use it over and over again. So, it is the ultimate water cycle.”

The cycle involves piping that water underground into a man-made basin, through sand and gravel and then treating the water, including using UV light to get impurities out.

“The things we can remove out of the water now, compared to 10 or 20 years ago, is just staggering,” treatment plant supervisor Kevin Linder said.

Right now, it’s the low season. The plant is processing 14-million gallons of water a day. In the high season, the summer months, it can do more than twice that: 30 million gallons.

“This treatment plant is one of the most advanced plants in North America,” Linder said.

Part of the reason the system isn’t used everywhere is that it is expensive to build. Prairie Waters cost $638-million. However, water managers there see it as a way of protecting the city from the effects of future droughts while protecting Colorado’s overall water supply.

“We’re asking a lot of Colorado to let us use this water for our residents,” Baker said. “And, so, if you’re going to do that, you have to honor that commitment.”

There are plans to expand Aurora Prairie Waters by adding more filters and providing some water to places in Douglas County.

More Prairie Waters coverage here and here.


A showdown over how transmountain diversions are calculated is brewing in the Colorado Supreme Court — Chris Woodka

March 3, 2015

From The Pueblo Chieftain (Chris Woodka):

A showdown over how transmountain diversions are calculated is brewing in the Colorado Supreme Court.

At issue is last year’s ruling on a change of use case filed by Aurora in water court in Pueblo.

Division 2 Water Judge Larry C. Schwartz ruled that Aurora is entitled to export an average of 2,416 acre-feet (787 million gallons) annually, even though Aurora waited more than 20 years to change the use of the water from agriculture to municipal.

Aurora shares Busk-Ivanhoe with the Pueblo Board of Water Works on the system that formerly was operated by the High Line Canal. It brings water into Busk Creek above Turquoise Lake from Ivanhoe Lake through the Carleton Tunnel, which once was a train passage and later an automobile route across the Continental Divide.

Pueblo Water has a 1993 decree changing its water rights from its 1971 purchase of its half of Busk-Ivanhoe. Aurora purchased the other half from High Line shareholders beginning in 1986, but did not file for a change of use until 2009.

Western Slope groups and the state Division of Water Resources are arguing that Aurora’s claim to water should be reduced by 27 percent because the city misused the water after purchasing its share of the Busk-Ivanhoe system.

They claim that Schwartz should have counted the 22-year period as zeros when calculating the historic use of water from the Busk-Ivanhoe system. Schwartz determined that the years where the water was used improperly should not count in the calculation, but said the amount of Aurora’s diversion should be recalculated separately from the amount awarded to Pueblo in 1993.

Aurora’s share is slightly less than Pueblo Water’s (2,634 acre-feet average annually) as a result.

Supporting Schwartz’s decision are the state’s largest municipal water providers, including Denver Water, Colorado Springs, Pueblo Water, Northern Water and the Southeastern Colorado Water Conservancy District, all of which bring water across the Continental Divide.

They argue that water courts serve to prevent injury to other water users, not penalize inappropriate historic uses.

“It’s not very likely to have a direct impact on any of our existing rights,” said Alan Ward, Pueblo Water’s resource manager. “We appreciate the court did not see a need to be punitive. That could be an issue with other water rights in the future.”

The Lower Arkansas Valley Water Conservancy District also supports Schwartz’s position because of its own pending change case on the Larkspur Ditch, which it purchased from the Catlin Canal and uses to bring water over from the Gunnison River basin.

Schwartz ruled in favor of Aurora in the case (09CW142) in May, and it was appealed by multiple Western Slope groups in October. Reply briefs in the case are due March 21, after which the court could hear oral arguments.

More water law coverage here


The Colorado River District, et al. appeal May 2014 Aurora Busk-Ivanhoe diversion water court decision

March 2, 2015

From Aspen Journalism (Brent Gardner-Smith) via the Glenwood Springs Post Independent:

A water court case in Pueblo over the size of water rights from the upper Fryingpan River delivered through the Busk-Ivanhoe tunnel to the East Slope has now blossomed into a Colorado Supreme Court case full of powerful interests opposing each other across the Continental Divide.

A bevy of West Slope entities, including Pitkin, Eagle and Grand counties, the Colorado River District and the Grand Valley Water Users, Association are arguing against a May 2014 water court decision that gave Aurora the right to use 2,416 acre-feet of water from the Fryingpan for municipal purposes in Aurora instead of for irrigation purposes in the Arkansas River valley.

The new decree gives Aurora the right to divert up to 144,960 acre-feet of water over a 60-year period.

The other West Slope entities in the case are the Orchard Mesa Irrigation District, the Ute Water Conservancy District and the Basalt Water Conservancy District.

On other side, a list of the most powerful water entities on the East Slope have filed legal briefs supporting Aurora’s positions, including Denver Water, Colorado Springs, the Pueblo Board of Water Works, the Northern Water Conservancy District and the Southeastern Water Conservancy District.

Pitkin County is specifically arguing that the water court judge should have counted Aurora’s 22 years of undecreed use of the water for municipal purposes — between 1987 and 2009 — when determining the historic lawful use of the water right, and thus, the size of the right’s “transferable yield” from irrigation to municipal use.

Instead, the judge set 1928 to 1986 as the representative sampling of years and excluded the 22 years of Aurora’s admittedly undecreed use.

Expert testimony in the case indicated that if Aurora’s years of undecreed, or “zero,” use were averaged in, the size of the transferable water right would be reduced by 27 percent — which is what Pitkin County believes should happen.

“When water rights have been used unlawfully for more than a quarter of their period of record, a pattern of use derived solely from the other three-quarters of the period of record will not most accurately represent the historical use of the rights at issue,” attorneys for Pitkin County told the Supreme Court.

The Colorado state water engineer and division engineers in water divisions 1, 2 and 5 are also arguing alongside Pitkin County that the judge should have included the 22 years of “zero” use in a representative sampling of years.

“This court should remand the case with instructions to determine the average annual historical use between 1928 and 2009, including zeros for years when Aurora diverted water through the Ivanhoe Tunnel solely for undecreed uses,” attorneys for the state and division engineers wrote.

The various East Slope entities are arguing in the case that the judge did the right thing by not counting Aurora’s 22 years of undecreed municipal use.

“The water court’s quantification of the Busk-Ivanhoe rights followed all of the rules for a change case — it was based on a representative period of lawful decreed use, it was not based upon undecreed use, and it employed several other factors endorsed by this court to determine a representative period,” Aurora’s attorney’s wrote. “The water court correctly determined it need not go any further, rejecting the appellants’ novel legal theory and finding it unnecessary to prevent injury.”

UNDECREED STORAGE

Meanwhile, other West Slope entities, including the River District and Eagle County, are arguing that Judge Larry C. Schwartz erred in his opinion regarding the right to store water on the East Slope without a specific decree to do so.

“The water court misinterpreted the law and erroneously looked beyond the record in the original adjudication to conclude that no storage decree was necessary and then included water stored and water traded to others within the amount of the changed right,” attorneys for the West Slope entities wrote.

But the East Slope entities support the judge’s conclusion regarding storage.

“The water court correctly interpreted prior case law and ruled East Slope storage was within the ‘wide latitude’ accorded importers of transmountain water provided such storage did not result in an expansion of the Busk-Ivanhoe water rights,” attorneys for Aurora wrote.

Attorneys for Denver Water also told the court that “it does not matter whether a decree specifically identifies storage in the basin of use of the imported foreign water” because “once imported, the foreign water can be stored wherever.”

Built between the early 1920s and 1936, the Busk-Ivanhoe water system now diverts about 5,000 acre-feet of water a year from Ivanhoe, Pan, Lyle and Hidden Lake creeks, all tributaries of the upper Fryingpan River.

The system gathers water from the high country creeks and stores it briefly in Ivanhoe Reservoir, which sits at 10,900 feet. It then sends the water through a 1.3 mile-long tunnel under the Continental Divide to Busk Creek and on into Turquoise Reservoir near Leadville.

From there, the water can either end up in the lower Arkansas River basin, or via pumps, end up in the South Platte River basin, where Aurora is located, just east of Denver.

The Pueblo Board of Water Works owns half of the Busk-Ivanhoe water rights, which have a primary 1928 decree date. In 1990, Pueblo received a decree to use its half of the water for municipal purposes, and that decision is not at issue in this case.

Aurora bought 95 percent of its half of the Busk-Ivanhoe water rights in 1986, and by 2001 had purchased 100 percent of the right, paying at least $11.25 million, according to testimony in the case.

INTO WATER COURT

Aurora came in from the cold in 2009 and applied in water court to change its half of the Busk-Ivanhoe water to municipal uses.

And it also applied for specific water storage rights, including in a new reservoir to be built on the flanks of Mount Elbert called Box Creek Reservoir.

After a five-day trial in Div. 2 Water Court in Pueblo in July 2013, which resulted in 1,075 pages of transcripts and 6,286 pages of exhibits, Schwartz ruled in May 2014 in Aurora’s favor.

West Slope entities filed appeals in October with the Colorado Supreme Court, which directly hears appeals from the state’s water courts.

Opening briefs in the case were filed by West Slope entities in December, and a round of “answer briefs” and “friend of the court” briefs were filed last week by various entities.

The West Slope entities now have until March 21 to file reply briefs in the case.

Once the case is set, oral arguments will be heard before the Supreme Court justices in Denver.

Editor’s note: Aspen Journalism is covering rivers and water in collaboration with The Aspen Times and the Glenwood Springs Post Independent. More at http://www.aspenjournalism.org.


Aurora diversion decision faces appeal — The Pueblo Chieftain

November 29, 2014

From The Pueblo Chieftain (Chris Woodka):

A decision earlier this year that sets limits on how much water Aurora can divert through the Busk-Ivanhoe system is being appealed by Western Slope groups.

The Lower Arkansas Valley Water Conservancy District last week agreed to enter the case as well because it could affect its diversions through the Larkspur Ditch.

Division 2 water judge Larry Schwartz approved a decree that would allow Aurora to divert an average 2,416 acre-feet annually.

Pitkin County, the Colorado River District and Grand Valley Water Users appealed the decision based on the calculation of historic use of the four high-mountain creeks which are part of the Busk-Ivanhoe system.

Aurora shares Busk-Ivanhoe with the Pueblo Board of Water Works on the system that formerly was operated by the High Line Canal through the Carleton Tunnel, which once was a train and automobile route across the Continental Divide. It delivers water into Turquoise Lake near Leadville. The tunnel has collapsed in several spots, but water can still make its way through.

Pueblo Water has a 1993 decree changing its water rights from its 1971 purchase of its half of Busk-Ivanhoe. Aurora purchased the other half in 1986.

Lower Ark water attorney Peter Nichols said the change case on the Larkspur Ditch is stayed in water court because of issues similar to Busk-Ivanhoe case.

“The district has filed an amicus brief in the Busk-Ivanhoe case because the decision contains an issue similar to the change on Larkspur,” Nichols told the board.

The Lower Ark purchased most of the Larkspur Diversion from the Gunnison River from the Catlin Canal Co.

Water court cases are appealed directly to the Colorado Supreme Court.

More Busk-Ivanhoe coverage here.


The Lower Ark District is scoring Colorado Canal shares to keep the water in the Arkansas Valley

November 25, 2014
Straight line diagram of the Lower Arkansas Valley ditches via Headwaters

Straight line diagram of the Lower Arkansas Valley ditches via Headwaters

From The Pueblo Chieftain (Chris Woodka):

The Lower Arkansas Valley Water Conservancy District is purchasing Colorado Canal water rights from the Ordway Feedyard.

“We’re purchasing the shares within the next 30 days to make sure the water stays in the Arkansas Valley,” said Jay Winner, Lower Ark general manager. “It’s about a $4 million package.”

The Colorado Canal once irrigated 50,000 acres in Crowley County, but has largely fallen into the hands of Colorado Springs and Aurora through purchases made in the 1980s.

Earlier, in the 1970s, canal shareholders began selling off shares of Twin Lakes to Colorado Springs and Pueblo. Later Aurora and Pueblo West also bought big blocks of Twin Lakes shares.

The Lower Ark purchase from Ordway Feedyard includes 276 shares paired with Lake Henry storage, and 282 shares paired with Lake Meredith storage.

The feedlot has other sources of water to meet its own needs, most significantly a 15-year lease signed in 2012 with the Pueblo Board of Water Works to supply 700 acre-feet of augmentation water annually for a pipeline completed last year.

In another matter, the Lower Ark board last week accepted two conservation easements on the High Line Canal for Jason and Jennifer Stites. The easements are for a total of 224 acres with 18 shares of High Line water, for a cost of about $360,000. The easements were split for estate planning purposes, according to Lower Ark Conservation Manager Bill Hancock.

More Lower Arkansas Valley Water Conservancy District coverage here.


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