#ColoradoRiver: Windy Gap Firming project gets Gov. Hickenlooper’s endorsement #COWaterPlan #COriver

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Here’s the release from Governor Hickenlooper’s office:

Gov. John Hickenlooper today formally endorsed the Windy Gap Firming Project, a water project that will serve cities and farmers on the northern Front Range as well as provide environmental benefits on the Western Slope.

The project expands the existing Windy Gap system built in the 1980s and includes the planned Chimney Hollow Reservoir southwest of Loveland to ensure more reliable supplies for the Northern Colorado Water Conservancy District and other project participants. It also includes several protective measures for fish and waterways on the Western Slope.

“Northern Water and its many project partners have worked diligently, transparently and exhaustively in a collaborative public process that could stand as a model for a project of this nature,” Hickenlooper said. “This is precisely the kind of cooperative effort envisioned for a project to earn a state endorsement in Colorado’s Water Plan.”

The Windy Gap Firming Project has been in the process of obtaining federal, state and local permits and certifications since 2003, including the required Fish and Wildlife Mitigation Plan approved by Colorado Parks and Wildlife, the Colorado Water Conservation Board and, most recently, the Section 401 Water Quality Certification from the Colorado Department of Public Health and Environment.

“Colorado moves the needle today with endorsement of a project that makes gains for the environment and water supply together,” said James Eklund, director of the Colorado Water Conservation Board, the agency that facilitated development of Colorado’s Water Plan. “Grand County, environmental stakeholders, and Northern Water set an excellent example of the collaboration necessary to achieve the bold measurable objectives of Colorado’s Water Plan and the Colorado and South Platte Basin Implementation Plans.”

The Windy Gap Firming Project includes several measures to mitigate environmental impacts to protect fish, ensure stream protection, and reduce water quality impacts to Grand Lake and the Colorado River. These and other agreements were key to building support for the project across a spectrum of interests and for earning endorsement from the state. [ed. emphasis mine]

“Northern Water worked closely with state biologists to ensure that impacts on streams and rivers – and the fish and wildlife that depend on them – were identified and addressed through mitigation for the benefit of the environment, wildlife and recreation,” said Bob Broscheid, director of Colorado Parks and Wildlife. “This was a thorough and unified process and shows what we can accomplish when we work together to reach shared goals.”

With necessary permits and certifications for the project in hand, Hickenlooper also today directed his staff to work with the U.S. Army Corps of Engineers in the federal agency’s issuance of a Section 404 Permit, the final federal regulatory step for the project.

Here’s the release from the Northern Colorado Water Conservancy District (Brian Werner):

Chimney Hollow Reservoir close to reality

Today the State of Colorado officially endorsed the Windy Gap Firming Project and Chimney Hollow Reservoir.

John Stulp, Governor John Hickenlooper’s Water Policy Advisor, made the announcement at Northern Water’s Spring Water Users meeting in Loveland. Reading a letter signed by Gov. Hickenlooper, Stulp told the 200 attendees that this is the state of Colorado’s first endorsement of a water project under the Colorado Water Plan, which was finalized last November.

“Further, the WGFP aligns with the key elements of the Colorado Water Plan…” Hickenlooper wrote.
Hickenlooper continued, “Northern Water and its many project partners have worked diligently, transparently and exhaustively in a collaborative public process that could stand as a model for assessing, reviewing and developing a project of this nature.”

Northern Water’s Municipal Subdistrict President Dennis Yanchunas spoke for the project’s participants in saying, “It’s really exciting to have that endorsement, the first ever by the state.” [ed. emphasis mine] Colorado’s endorsement came on the heels of state water quality certification in late March.

The Colorado Department of Public Health and Environment issued its 401 water quality certification for the Windy Gap Firming Project on March 25, bringing the project permitting process nearer to completion.

“This is the next to the last step in getting the project permitted,” said Project Manager Jeff Drager.

“The final step is the federal 404 wetlands permit from the U.S. Army Corps of Engineers, which we believe will be forthcoming in the next few months.”

The state’s endorsement of the WGFP culminates 13 years of diligent effort and lengthy negotiations to permit and authorize a project that will assure a reliable water supply for more than 500,000 northern Front Range residents.

The federal permitting process began in 2003 under the National Environmental Policy Act. The U.S. Bureau of Reclamation served as the lead federal agency and issued a final Environmental Impact Statement in 2011 and a Record of Decision in 2014 for Chimney Hollow Reservoir.

In addition, the Colorado Parks and Wildlife Commission and Colorado Water Conservation Board approved a fish and wildlife mitigation plan in 2011. The following year the Grand County Commissioners issued a 1041 permit and reached an agreement with Northern Water’s Municipal Subdistrict on a mitigation and enhancement package.

A wide variety of organizations, including Trout Unlimited, support the CDPHE’s long-awaited ruling.

“This permit is another step toward fulfilling the Windy Gap Firming Project’s potential to be part of a balanced water supply strategy for Colorado Front Range,” said Drew Peternell, director of TU’s Colorado Water and Habitat Project.

“Through a balanced portfolio – including responsible supply projects like WGFP – along with stronger conservation and reuse programs and ag-urban water sharing — Colorado can meet its diverse water needs…” Peternell added.

The Windy Gap Firming Project is a collaboration of 12 Northern Front Range water providers and the Platte River Power Authority to improve the reliability of their Windy Gap water supplies. Windy Gap began delivering water in 1985.

The participants include 10 municipalities: Broomfield, Erie, Evans, Fort Lupton, Greeley, Lafayette, Longmont, Louisville, Loveland and Superior; two water districts: Central Weld County and Little Thompson; and one power provider: Platte River. They currently provide water to 500,000 people.

The current cost estimate for WGFP is $400 million. To date the participants have spent $15 million on associated permitting costs.

From The Greeley Tribune (Nikki Work):

The Windy Gap Firming Project is one step closer to being more than just big dreams and big dollar signs. The project, which would allow for the construction of the Chimney Hollow Reservoir southwest of Loveland, received the first endorsement a water project has ever gotten from the state of Colorado.

Governor Hickenlooper, John Salazar and John Stulp at the 2012 Drought Conference
Governor Hickenlooper, John Salazar and John Stulp at the 2012 Drought Conference

John Stulp, special policy adviser for water to Gov. John Hickenlooper, read a letter from the governor at the Northern Water Spring Water Users meeting Wednesday at the Ranch in Loveland. In the letter, Hickenlooper applauded Northern Water for the Windy Gap Firming Project’s ability to bring communities together, protect fish and wildlife, and make Colorado’s water more sustainable, along with other ideals outlined in the Colorado Water Plan, which was adopted last November.

“Northern Water and its many project partners have worked diligently, transparently and exhaustively in a collaborative public process that could stand as a model for a project of this nature,” Hickenlooper said in a news release from his office. “This is precisely the kind of cooperative effort envisioned for a project to earn a state endorsement in Colorado’s Water Plan.”

While the endorsement from the state doesn’t advance the plan in earnest, it does give it credibility in the next and final step to getting its building permit completed.

“This is the next to the last step in getting the project permitted,” said Windy Gap Firming Project manager Jeff Drager in a release from Northern Water. “The final step is the federal 404 wetlands permit from the U.S. Army Corps of Engineers, which we believe will be forthcoming in the next few months.”

When the U.S. Army Corps of Engineers considers the project for the permit, it will want to know if the state approves of it. Now, with an official recommendation from the governor, the path should be smoother for the Windy Gap Firming Project and the Chimney Hollow Reservoir, Stulp said.

“I think this (project) is being done right,” Stulp said. “Now, we have the state’s endorsement and I think that will inform the fed agencies, the Corps at this point, that this has got strong support in Colorado.”

The city of Greeley was one of the original six cities to invest in the existing Windy Gap Reservoir. Now, the city is a participant in the Windy Gap Firming Project. Once the Chimney Hollow reservoir is built, Greeley will receive 4,400 acre-feet of water per year. An acre-foot of water is roughly the equivalent of one football field filled with a foot of water — that’s almost 326,000 gallons of water, or more than 8,000 bathtubs full.

Evans, Fort Lupton and the Central Weld County Water District are also participants in the Windy Gap Firming Project.

The project is estimated to cost about $400 million and participants have thus far spent $15 million, according to the Northern Water release. The reservoir will store 90,000 acre-feet of water and will be located near Carter Lake and parts of Northern Water’s Colorado-Big Thompson Project.

The Windy Gap Firming Project’s participants are primarily municipalities, but also include two water districts and one power company. The purpose of the project is to create an alternative water source for cities and companies to purchase water from instead of resorting to tactics like buy-and-dry or competing with agricultural land for water resources.

During his presentation at the Northern Water Spring Water Users Meeting, Metropolitan State University of Denver professor Tom Cech talked population growth. He said right now, Colorado is home to more than 5 million people. By 2030, that number’s projected to rise to more than 7 million after having already grown about 30 percent since 1990. In the South Platte Basin alone, that kind of population growth will equal a shortage of about 410,000 acre-feet of water, or about 134 billion gallons. Between 133,000 and 226,000 acres of irrigated land in the South Platte River Basin are expected to dry up by 2030.

With the rapid population expansion and resulting urban sprawl happening in Colorado, projects like these are more important than ever, said Eric Wilkinson, Northern Water’s general manager.

“People need water and we’re going to grow. Obviously people like this area, people move to this area and people will continue to come and we have to find ways to provide that water supply,” Wilkinson said. “This is a good way of doing it.”

From The Denver Post (Bruce Finley):

Gov. John Hickenlooper on Wednesday weighed in formally backing the long-delayed and controversial $400 million Windy Gap project to divert more water from the Colorado River to the booming Front Range.

Hickenlooper ordered state officials to work with the U.S. Army Corps of Engineers to obtain a final federal wetlands permit needed for work to begin. His endorsement is expected to aid that effort.

Northern Water would expand its existing river diversion system built in 1985 by installing a new reservoir southwest of Loveland to hold diverted Colorado River water. That 29 billion-gallon Chimney Hollow Reservoir would supply farmers and growing cities.

“This is the first time he has endorsed this project. We were certainly hoping for it. We were pleasantly surprised,” Northern Water spokesman Brian Werner said.

“This means that construction, starting in 2019, is a reality.”

Northern Water has been planning the project, working with state and federal officials on permits, since 2003. A mitigation plan, approved by Colorado Parks and Wildlife and the Colorado Water Conservation Board, lays out measures to protect fish and off-set environmental harm including altered river flows.

Colorado Department of Public Health and Environment officials, responsible for ensuring water quality, signed off on March 25.

“Northern Water and its many project partners have worked diligently, transparently and exhaustively in a collaborative public process that could stand as a model for a project of this nature,” Hickenlooper said. “This is precisely the kind of cooperative effort envisioned for a project to earn a state endorsement in Colorado’s Water Plan.”

Front Range users would would siphon additional west-flowing water — up to 8.4 billion gallons a year — out of the Colorado River and pump it back eastward under the Continental Divide. That water, stored in the new reservoir, is expected to meet needs of 500,000 residents around Broomfield, Longmont, Loveland and Greeley.

Environment groups on Wednesday reacted with fury.

“This project will further drain and destroy the Colorado River and imperil endangered fish,” said Gary Wockner, director of Save the Colorado River. “We’ve registered 23 complaints with the Army Corps of Engineers. The federal government should deny the permit. This project is reckless.”

From the Fort Collins Coloradan (Kevin Duggan):

Colorado officials endorsed a long-sought water storage project that would include construction of Chimney Hollow Reservoir southwest of Loveland.

Gov. John Hickenlooper on Wednesday voiced his support for the Windy Gap Firming Project, which would divert water from the Western Slope to the Front Range to shore up supplies for municipalities and farmers…

Participants in the water-storage project include Loveland, Longmont, Greeley, Broomfield, Platte River Power Authority and two water districts.

The project recently received a key water quality certification from the Colorado Department of Public Health and Environment. The certification is needed to receive a final permit from the U.S. Army Corps of Engineers to build the project…

Map from Northern Water via the Fort Collins Coloradoan.
Map from Northern Water via the Fort Collins Coloradoan.

If the expected permits come through, final design on Chimney Hollow Reservoir would begin later this year with construction beginning in 2018-19, Werner said.

Chimney Hollow Reservoir would hold up to 90,000 acre feet of water. An acre foot is enough water to meet the annual needs of three to four urban households.

Larimer County would build and operate recreational facilities at the reservoir, which would be built west of Carter Lake. Carter Lake holds up to 112,000 acre feet of water.

The Windy Gap Firming Project has been under federal, state and local review since 2003. It has been challenged by environmentalists over the years because of its impact on the Colorado River’s ecosystem through increased water diversions.

In a recent email to the Coloradoan, the group Save the Colorado stated it would scrutinize the 404 permit decision from the Corps to ensure the project adheres to the National Environmental Policy Act, the Clean Water Act and the Endangered Species Act.

Supporters say the Windy Gap Firming includes measures that would mitigate its environmental impacts and protect fish, streams and water quality in Grand Lake and the Colorado River.

From the Denver Business Journal (Cathy Proctor):

The project — formally called the Windy Gap Firming Project — calls for the construction of a new reservoir, called Chimney Hollow Reservoir southwest of Loveland. The reservoir will be designed to hold up to 90,000 acre feet of water, and reliably deliver about 30,000 acre feet of water every year, enough to support the needs of 60,000 families of four people.

It’s an expansion of the existing Windy Gap system built in the 1980s to divert water from the Colorado River to the Front Range. But the construction of a new reservoir is crucial, said Brian Werner, a spokesman for the Northern Colorado Water Conservancy District, the lead agency on the project.

Because of the Windy Gap project’s relatively junior water rights, water cannot be diverted in years when the snow pack is low. And during wet years, there’s not enough storage space in Lake Granby to store the Windy Gap water, which means it runs down the river.

“Windy Gap right now doesn’t have any firm yield,” Werner said, meaning that the system can’t be counted on to have water available for customers every single year.

“In wet years there’s no where to put it [the water], and in dry years there’s nothing to pump,” Werner said.

About 500,000 people live in the water districts that would be served by the Windy Gap Firming Project, including Broomfield, Lafayette, Louisville, Loveland, Erie and Evans. To date, the cost of planning and permitting the project has risen to $15 million, according to the Northern Colorado Water Conservancy District.

And with population numbers expected to jump in coming years, this project and others will be needed to ensure there’s enough water for the communities to grow, Werner said.

The project’s leaders have worked on agreements to mitigate environmental impacts to protect fish, ensure stream protection and reduce water quality impacts to Grand Lake and the Colorado River.

Last month, the Colorado Department of Public Health and Environment this week released its final “401 water quality certification,” meaning that the state had signed off on the plans to mitigate the environmental impact of the project on the Upper Colorado River.

Trout Unlimited, said the conditions imposed by the state health department put the “threatened river and fishery on road to recovery.

“We firmly believe these permit conditions establish a strong health insurance policy for the Upper Colorado River,” said Mely Whiting, counsel for Trout Unlimited, in a statement.

It took a long time to get here. Click here to take a trip back in time through the Coyote Gulch “Windy Gap” category. Click here for posts from the older Coyote Gulch blog.

Appeals court reverses Pueblo District Judge Victor Reyes’ order regarding the SDS’s 401 permit

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From The Pueblo Chieftain (Chris Woodka):

A Colorado appeals court Thursday reversed Pueblo District Judge Victor Reyes’ order for the state to re-evaluate its assessment of the impacts of the Southern Delivery System on Fountain Creek and the Arkansas River.

Reyes issued an order on April 12, 2012, for the Colorado Water Quality Control Commission to reopen hearings on a 2011 Water Quality Act Section 401 permit for SDS. The permit is necessary for construction of the SDS pipeline across Fountain Creek because it is tied to Army Corps of Engineers permits.

Colorado Springs Utilities is building the $940 million pipeline, which will take water from Pueblo Dam to El Paso County.

The state decision was challenged by former Pueblo District Attorney Bill Thiebaut and the Rocky Mountain Environmental Labor Coalition.

They argued that a numerical water quality standard was needed rather than relying on an adaptive management program that the Bureau of Reclamation established as part of an environmental impact statement leading up to approval of SDS.

They also challenged the way public notices were made and said the state failed to look at the possibility of further degradation of Fountain Creek from population growth in Colorado Springs.

The appeals court opinion said the Water Quality Control Commission did not violate applicable water quality standards, reversing Reyes’ decision.

Judge Stephanie Dunn wrote the opinion, with Judges Nancy Lichtenstein and James Casebolt concurring.

The opinion criticizes Reyes for adopting most of the wording in his decision from the complaint filed by Thiebaut and the coalition, saying it is not the court’s role to reverse a state agency’s decision without more rigorous investigation.

“Where, as here, a district court adopts an order drafted by counsel, we scrutinize the order more critically,” Dunn wrote.

The opinion also said Reyes erred by citing Colorado Springs Utilities’ land condemnation cases in Pueblo West when writing his order. Reyes “made credibility determinations based on information outside the administrative record.”

From the Colorado Springs Business Journal (Amy Gillentine):

The Colorado Court of Appeals reversed a Pueblo County judge’s ruling against a state water quality certification for the SDS project, which will bring water from the Pueblo Reservoir to Colorado Springs, the biggest water project in decades for Colorado Springs Utilities. The multi-million project is well underway, with miles of pipeline already finished and construction started on water treatment plants The appeals court ruled that the state Water Quality Control Commission was correct in approving the SDS water quality certification, according to a press release from Colorado Springs Utilities.

The decision reverses Pueblo County District Court Judge Victor Reyes’ April 2012 ruling against the Water Quality Control Commissions’ unanimous decision approving the 401 water quality certification.

“We are pleased that the Colorado Court of Appeals has ruled in support of the 401 water quality certification for SDS,” said John Fredell, SDS program director. “We always believed that the state Water Quality Control Division did a thorough and complete evaluation of SDS and correctly decided that it would meet State water quality standards. We are pleased that the Court of Appeals has recognized that. It is unfortunate that this matter had to be resolved in the courts, which is a costly process and one that goes against our approach of collaborating with other local governments and stakeholders.”

From The Pueblo Chieftain (Chris Woodka):

Even before he took office, District Attorney Jeff Chostner realized he would have a decision to make on a case he inherited from Bill Thiebaut. Pueblo District Judge Victor Reyes ruled in Thiebaut’s favor in April 2012 on a challenge to a Colorado Water Quality Control Commission decision to certify Colorado Springs Utilities’ Southern Delivery System, a pipeline to deliver water from Pueblo Dam to El Paso County.

On Thursday, an appeals court overturned Reyes’ order, saying opponents failed to prove their case.

It’s unknown if there will be an appeal to the Supreme Court. “Jeff Chostner is not in his office today, so I have not even been able to talk to my client. I haven’t had time to carefully read the decision,” said John Barth, a Hygiene attorney. “We’re still reviewing the decision and evaluating our options.”

Those options include a petition for rehearing or calling for a writ of certiorari, which would ask to overturn the appeal decision.

Before he took office, Chostner told The Chieftain that an appeal is not automatic. “If it goes against Colorado Springs, I would certainly defend a successful case,” Chostner said in December. “If it goes against us, I would have to read the language of the opinion before making a decision.”

Colorado Springs Utilities officials were happy with the appeals court decision. “We are pleased that the Colorado Court of Appeals has ruled in support of the 401 water quality certification for SDS,” said John Fredell, SDS Program Director. “We always believed that the state Water Quality Control Division did a thorough and complete evaluation of SDS and correctly decided that it would meet state water quality standards.”

From the Colorado Springs Gazette (Monica Mendoza):

Colorado Springs Utilities has done all the necessary work to ensure that its Southern Delivery System does not wreck water quality in Fountain Creek, the Colorado Court of Appeals ruled Thursday. The ruling is a big win for the utilities’ $1 billion dollar pipeline project and creates “a clean path” for the project to continue, said Keith Riley, deputy program director for SDS. “It means we go forward as planned without adding additional mitigation,” Riley said.

From the Colorado Springs Independent (Pam Zubeck):

“Pleased” probably doesn’t even get close to the feeling of those at Colorado Springs Utilities, given a Colorado Court of Appeals ruling upholding the state’s approval of a certification for the Southern Delivery Pipeline water project. Nevertheless, that’s the word used in a news release by John Fredell, SDS program director, regarding the water quality permit issue. The ruling means a hurdle that has been cited by Pueblo County in correspondence with the Interior Department as a roadblock for SDS has been removed.

More Southern Delivery System coverage here and here.

Fountain Creek: ‘Colorado Springs has taken its job very seriously’ — Steve Gunderson

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From The Colorado Springs Gazette (Barbara Cotter) via The Denver Post:

Nearly 10 years, $450,000 in penalties and $170 million in fixes later, Colorado Springs Utilities is done with a compliance plan the state imposed over series of wastewater spills into Fountain Creek and some of the tributaries that feed it.

“I would say this has been quite a success story, and Colorado Springs has taken its job very seriously,” said Steve Gunderson, director of the Water Quality Control Division of the state Department of Public Health and Environment. “Why we decided to take enforcement action almost 10 years ago is that we were seeing a pattern of problems. Really, it’s amazing how that pattern has largely disappeared.”[…]

Earlier this month, the Water Quality Control Division sent a letter to Utilities officials notifying them that it was closing the books on the order because all requirements had been met.

More Fountain Creek coverage here and here.

‘They ruined my way of life, and the state agencies turned a mute ear to my complaints’ — Brett Corsentino

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From The Pueblo Chieftain (Chris Woodka):

The damage to farm ground caused by water released from gas wells has been lasting while state protection has proven elusive for Huerfano County dairy farmer Brett Corsentino. “I can’t raise feed and I can’t hold anyone accountable. The bottom line is that the state agencies failed to protect me,” Corsentino said. “It’s all about the money these gas companies have. There’s no way to pierce the corporate veil.”

Corsentino farms is in the Cucharas River basin, which is north of the Apishapa and Purgatoire river basins where oil and gas exploration is most active in Southern Colorado. Pioneer Energy and XTO Energy are active in the lower watersheds. They are engaged in studies to show the water quality is sufficient in some cases for release into streams. Some landowners in the Apishapa and Purgatoire watersheds have asked the Colorado Department of Health and Environment to allow CBM releases.

But Corsentino said he was blind-sided by releases from Petroglyph Energy that began in the Cucharas basin in the late 1990s. He claims the water was high in salts and barium, which broke down the soil on his farm. “I used that water and put it on my fields, but didn’t know about (the releases) until 2006,” he said.

The productivity of his soil fell to one-third of its former level, and one-time soil amendments were paid for by Petroglyph. But the state never followed up with testing, and the Oil and Gas Commission said he had proven damage. “It was a joke. Sucks to be me,” Corsentino said.

His warning to other landowners is clear. “There have been four generations of my family here since my greatgrandfather came over from Sicily in 1905. It’s a hard life. We’ve taken care of the ground and it’s taken care of us,” Corsentino said. “We’ve gone through a reorganization, and I’ve lost the equity. At this point, I just want to be able to raise feed for my animals.”

From The Pueblo Chieftain (Chris Woodka):

Some Las Animas County farmers and ranchers in the Apishapa River basin are concerned that releases of water from oil and gas drilling could render cropland useless. They want water tested — and even treated — before it is released into the river system, saying the danger of increased salinity outweighs any benefit of more water during a drought. “Our main concern is that what happened in Huerfano County doesn’t happen to our soil,” said Gary Waller, who holds senior water rights for fields he irrigates near Aguilar. “We want to be proactive and make sure we do not get contaminated.”

Ken Valentine, whose family irrigates further up in the basin, said a spring above one of its fields was potentially contaminated by a release from coal-bed methane drilling last year. He is also alarmed that CBM water is routinely sprayed on gravel roads throughout the area. “The water should be treated before it’s released into the watershed, either at the company’s expense or those people who are using it for things like livestock ponds,” Valentine said.

They want to avoid the types of troubles Huerfano County dairy farmer Brett Corsentino experienced when Petroglyph Energy dumped CBM water into the Cucharas River in the late 1990s. Water high in salinity and barium ruined his farm ground. “I was harvesting 18-21 tons of corn silage per acre before, and it dropped to six tons after,” Corsentino said. “They ruined my way of life, and the state agencies turned a mute ear to my complaints.”

While the Colorado Oil and Gas Conservation Commission required Petroglyph to stop dumping water in 2006 and to help Corsentino try to restore farmland, it ruled in 2011 that Petroglyph no longer had any liability. All say the state should be insisting the water produced by Pioneer Natural Gas in the Apishapa River basin is either of equal quality to surface water, and reinjected into deep wells if it fails to meet standards.

While some in the area contend the water is suitable for livestock and wildlife, the farmers fear it will contaminate their fields — particularly during a drought when there is less natural surface water to dilute the effects. “If the water is good, it should be utilized,” Waller said. “But if it’s not, it will get into the groundwater and onto our place eventually.”

Meanwhile, oil and gas producers in the Purgatorie River watershed have asked the state to relax standards for discharged water. Here’s a report from Steve Block writing for The Trinidad Times. Here’s an excerpt:

A leader of a regional environmental protection group said she’s deeply concerned about the possible lowering of water quality standards in the Purgatoire River Watershed, and asked the Las Animas County Board of Commissioners to write a letter to the Colorado Water Quality Commission, protesting the potential change.

Paula Ozzello of the Southern Colorado Environmental Council (SCEC) spoke at Tuesday’s board work session about the potential dangers of the reduction in water quality standards.

Ozzello, chairperson of SCEC, said XTO Energy and Pioneer Natural Resources have proposed to the commission a reduction in water quality standards for the Lower Arkansas River Basin, specifically the Purgatoire River Watershed and the Apishapa Watershed. She said the XTO and Pioneer proposal would reduce the surface water quality standard, by increasing the allowable level of boron in water used for agricultural purposes from its present level of 0.75 milligrams (mg) per million to a new, and higher, standard of 5.0 mg per million.

More coalbed methane coverage here and here.

Durango: The city is becoming proactive in preventing wastewater spills

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Here’s an in-depth report about Durango’s sewer system, from Jim Haug writing for The Durango Herald. Click through and read the whole article. Here’s an excerpt:

The Colorado Water Quality Control Division has ordered the city to come up with an emergency-response plan, a sewer-maintenance program and a training program.

The city had no such formalized plans in place as late as four months ago, said Steve Salka, the new utilities director.

“The state was leading us in a direction, but I knew we needed an emergency action plan,” he said. “I knew we needed a spill-response plan. I knew we needed a maintenance plan. I just put it all together (and sent it to the state).”

The city has struck a tentative agreement to spend $84,000 on backup generators for its sewer lift stations to bring it into compliance.

More infrastructure coverage here.

CWQCC seeks comments on reorganization of Colorado’s primary drinking water regulations

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Here’s the announcement from the Colorado Water Quality Control Commission:

Since the authority for amending the Colorado Primary Drinking Water Regulations (CPDWR) has been moved to the Water Quality Control Commission, the Colorado Department of Public Health’s executive management is interested in evaluating splitting up the current CPDWR into multiple regulations similar to the manner in which the Clean Water Regulations are organized.

This web form gives drinking water stakeholders an opportunity to comment on the reorganization of the current Colorado Primary Drinking Water Regulations

The Colorado Water Quality Control Commission has scheduled a rulemaking hearing for November 2013 to consider adopting revisions of the Colorado Primary Drinking Water Regulations (CPDWR). The objective of the proposed revisions is to reorganize, simplify, and clarify the existing CPDWR…

Whether the regulations are split or not, the Department intends to reorganize the regulations at all levels. We will reorganize the order of the articles so they are grouped together more logically – for example, treatment oriented articles would be placed together.

The Department is exploring several options for dividing the current one regulation into multiple regulations. We are seeking stakeholder input on these various options and this survey is a major component of that stakeholder input. The options are as follows:

  • Break the regulation into multi-article regulations that are grouped (examples below)
  • Keep the articles of the CPDWR together as one regulation (with articles organized as noted above)
  • Make each article of the regulation its own separate regulation
  • More Colorado Water Quality Control Commission coverage here.

    Englewood/Littleton: Wastewater treatment plant upgrades to cost $15 million

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    From the Littleton Independent (Jennifer Smith):

    Both city councils recently voted to raise customer fees starting in 2013 to cover the costs of construction, slated to begin in 2019.

    There are two separate issues. First, the plant is subject to stricter nutrient-removal standards as of 2022; council members are quick to call them unfunded mandates from the state. In order to meet them, staff says design and permitting for the project needs to begin in 2017.

    Second, a study showed the plant contributes about half of the phosphorous found in Barr Lake near Brighton and Milton Reservoir near Gilcrest, which causes algae blooms and other unpleasantness in the recreation areas. “The plant has a responsibility to downstream users,” Amy Conklin, coordinator for Barr Lake/Milton Reservoir Watershed Association, wrote on Oct. 28. “It matters how clean our effluent is because people downstream drink it.”

    Centennial Water and Sanitation District, which serves Highlands Ranch and a small portion of unincorporated Douglas County, apparently is the reason for the other half. Its director, John Hendrick, urged Littleton and Englewood officials to work with him to get the standards relaxed. “We are going to take off the gloves, but we’re going to do it initially with a gentle, cooperative approach,” he said.

    “This is a statewide issue, and we need some leadership down there at the Capitol to help us out.” Conklin agrees a collaborative approach is necessary, noting that half of Colorado residents live in the watershed.

    “Gone are the simple days of environmental regulation,” she said. “But if Barr-Milton can pull it off, we may serve as a model of how to bring all sides of these expensive environmental solutions to the table and not to court.”

    Plant manager Dennis Stowe said a statewide coalition against the regulations is currently inactive, reluctant to pursue expensive litigation. Gov. John Hickenlooper’s only input, said Stowe, has been to ask the Legislature to look more closely at the costs inflicted by the regulations. Engineer Sarah Reeves, a private consultant, said a potentially cost-reducing practice of nutrient trading — similar to cap and trade to regulate emissions — isn’t feasible, because there are no workable trading partners…

    “When we get to discharging Perrier, is that going to be good enough?” asked Littleton Councilor Bruce Stahlman.

    More wastewater coverage here and here.