The Routt County Commissioner’s pony up $5,000 for Yampa River study

Yampa/White/Green/North Platte river basins via the Colorado Geological Survey
Yampa/White/Green/North Platte river basins via the Colorado Geological Survey

From Steamboat Today (Tom Ross):

The last time the community funded a Yampa River management plan, in 2004, it was all about balancing the health of the town stretch of the Yampa with recreation. More than a decade later, plans are underway for a new river management plan, and this time, there is more emphasis on protecting the health of the river to help ensure ample water for the community in times of drought.

“In part, this is an update of the 2004 plan. But it’s more of a streamflow management plan, where we’ll be looking for target flows that support aquatic life and water quality,” city of Steamboat Springs Water Resources Manager Kelly Heaney said Tuesday after meeting with Routt County officials. “It’s almost like a drought resiliency plan for the river.”

And the new study will take in a longer stretch of the river — from the Chuck Lewis State Wildlife Area downstream to the city’s wastewater treatment plant west of town.

The Routt County Board of Commissioners agreed Tuesday to earmark $5,000 in its 2017 budget for a contribution toward a 50 percent local match of a $51,875 grant to fund the new management plan. The grant is part of $1 million allocated to the Colorado Water Conservation Board in accordance with one of the measurable objectives in Colorado’s landmark 2015 state water plan…

The [Colorado Water Plan] set the goal of covering 80 percent of a list of locally prioritized rivers with new stream management plans by 2030.

Heaney told the BOC that, with this grant, the Yampa will be among the first in the state to be the subject of such a study.

There is a plan underway on the Crystal River (upstream from Carbondale), Aspen and Pitkin County have begun work on a plan for the Roaring Fork and plans are in the works for the Colorado River and the San Miguel on the western side of the San Juan Mountains, Heaney reported.

“We’re kind of like pioneers, along with them,” she said.

Heaney said the Colorado Water Trust, which has, in the past, facilitated efforts to secure supplemental summer flows for the Yampa in drought years such as 2002 and 2012, will participate in the study. In 2002 and 2012, Colorado Parks and Wildlife placed a voluntary ban on fishing on the town stretch of the Yampa, because the shallow flows were too warm to hold desirable levels of dissolved oxygen for trout.

Water temperature and dissolved oxygen will be a part of the new river study, which will include a streamflow management plan meant to manage for target flows that support both aquatic life and water quality, Heaney said.

“We’re working with the Colorado Water Trust to get us to a place where we have a sustainable plan,” Heaney said.

The Water Trust will undertake a legal analysis of the city’s water rights and advise on different strategies to make the best use of them, she said. For example, strategies could include securing storage contracts, stream improvement projects and re-timing flows through wetlands.

Gunnison Ag Producers’ Water Future Workshop, May 3 #COWaterPlan

Ag Workshop Gunnison Flyer

Click here to register.

From the announcement:

A Gunnison Basin Ag Producers’ Water Future Workshop will take place on Tuesday, May 3, 2016 from 11:30 a.m. to 1:30 p.m. at Delta-Montrose Technical College in the Enterprise Room. The Colorado Water Plan encourages the use of “alternative transfer methods” to keep water in agriculture while addressing the anticipated gap in future water supply given projected population growth. What does this mean for agricultural water users in the Gunnison Basin? Irrigators will hear about opportunities for cost sharing of efficiency improvements, water leasing programs, and concerns about “use it or lose it” at this workshop sponsored by the Colorado Ag Water Alliance with assistance from Colorado Cattlemen’s Association and CSU’s Colorado Water Institute.

Brief presentations will be followed by dialogue in which agricultural producers will have a chance to discuss challenges and barriers to these opportunities. Those presenting include Carlyle Currier from the Colorado Ag Water Alliance, Frank Kugel from the Gunnison Basin Roundtable, State Engineer Dick Wolfe, Perry Cabot from Colorado State University Extension, Aaron Derwingson from The Nature Conservancy, Phil Brink from Colorado Cattlemen’s Association, and MaryLou Smith from CSU’s Colorado Water Institute.

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

windygapparticipantmapnorthernwater

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.

Go Time for Colorado’s Water Plan: meeting the plan’s environmental & recreational goals

#COWaterPlan

Your Water Colorado Blog

By Nelson Harvey, excerpts pulled from an originally published piece in the Winter 2016 issue of Headwaters magazine

Read the first part of this series here.

go time bugEven now, months after Colorado’s Water Plan was finalized in November 2015, questions continue to circulate about how the voluntary plan will work—how the state’s utilities, businesses, advocacy groups and individual water users will take responsibility for its goals. Here, we turn those questions on one of the plan’s nine defined measureable outcomes: watershed health, environment and recreation.

The connection between the health of Colorado’s forests and the quality of our water seems abstract, until you consider that 80 percent of the water we use for drinking, irrigating and washing flows through a forested watershed before it gets to the tap. Protecting clean water requires protecting vast swaths of forest that often cross jurisdictional and political boundaries, areas that face threats as varied as wildfire, flood, invasive species and…

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Aspen’s deep well application draws interest in water court

The Roaring Fork River, looking upstream from No Problem Joe Bridge, in February 2016. This stretch of river runs along a proposed deep well site.
The Roaring Fork River, looking upstream from No Problem Joe Bridge, in February 2016. This stretch of river runs along a proposed deep well site.

by Brent Gardner-Smith, Aspen Journalism

ASPEN – Six statements of opposition have been filed in water court regarding the city of Aspen’s application for several new water rights, including rights for water from a well that may be drilled 3,000 feet down to reach a major underground aquifer.

The city is seeking rights for the new well, as well as increased diversions of 1.5 cubic foot per second from the Roaring Fork River into the Riverside Ditch, and a storage right of 1.5 acre-feet of water in Snyder Pond, which is in Snyder Park on Midland Ave.

Aspen has also filed an augmentation and exchange plan that involves releasing up to 7.85 cfs of water from the 400 acre-feet of water the city owns in Ruedi Reservoir on the Fryingpan River.

Such back-up water plans can protect junior water rights in the event of a call for water from holders of senior downstream water rights.

The city filed its application on Dec. 31, 2015.

Attorney Paul Noto of the water law firm of Patrick, Miller and Noto, filed a statement of opposition on March 31 on behalf of five entities, including The Wonderful Company, which is owned by Stewart and Linda Resnick.

The Resnicks, said by Forbes to be worth over $4 billion, own an estate east of Aspen that the Pitkin County assessor estimates is worth $15.8 million.

Along with the Wonderful Co., there are four other parties represented by Noto in the case: the Stage Road Homeowners Association; Russell B. Wight, Jr.; Mountain Queen, Inc.; and Rocky Mountain Property II Trust.

In his sparsely worded statement of opposition, Noto suggests his clients’ concerns include the use of the proposed underground water, the use of water from Ruedi Reservoir and the use of an unspecified irrigation ditch that he claims the city “has no ownership in.”

Also filing a statement on March 31, the deadline to do so, was a collection of entities controlled by Daniel Och, the CEO of Och-Ziff Capital Management Group, who owns a home on Willoughby Way.

The entities are called Red Mountain Willoughby Associates, LLC, RMWW Holdings, LLC, RMWW Holdings 25 QPRT, and RMWW Holdings 30 Year QPRT.

“Opposers are the owners, users and beneficiaries of water rights that might be adversely affected by the granting of the application filed herein,” the statement of opposition from the Red Mountain entities states, without raising specific issues with the city’s application. Attorney Mark Hamilton of Holland and Hart filed the statement.

The Stillwater Ranch Open Space Association, the Duroux Ditch Co., the Basalt Water Conservancy District, and a state agency, the Colorado Water Conservation Board, also each filed a statement of opposition in the case.

The Stillwater Ranch Open Space Association is tied to a neighborhood of luxury homes, upstream of the Aspen Club.

The Duroux Ditch Company owns and manages the Duroux Ditch, which diverts water from Hunter Creek and sends it across Red Mountain to Willoughby Way.

The members of the Duroux Ditch Co. include Och, Will Mesdag, a former partner in Goldman Sachs and the founder of Red Mountain Capital Partners, LLC, and Bennett Goodman, a senior managing partner at the Blackstone Group and founder of the company’s GSO Capital Partners.

Christopher Geiger, an attorney with Balcomb and Green representing the Duroux Ditch Co., noted in his statement of opposition that the city must prove that its claimed water rights “are not speculative.”

Gleaning a party’s true intent from a statement of “opposition” can be hard to do, as statements don’t always signal litigious intent. Such statements can be filed as a means to learn more about a proposed new water right or to simply monitor a case.

But attorneys do sometimes suggest project-specific concerns in their statements of opposition.

“Applicant claims a tributary underground water right that is not fully augmented and is thus contrary to law,” was one point made in the filing by attorney Noto.

Noto’s mention of a “tributary underground water right” refers to the city seeking the right to drill down to reach an ancient aquifer sitting in a layer of Leadville Limestone below Aspen.

A map from the city's water rights application showing the location of the potential Queen Street Aspen Well.
A map from the city's water rights application showing the location of the potential Queen Street Aspen Well.

Deep Well

The Aspen Queen Street Well is proposed for a site just off Queen St., in the Prockter Open Space, which borders the Roaring Fork and is across Neale Ave. from Herron Park.

The city is seeking the right to draw 3.3 cfs from the deep well primarily as a back-up water supply, but its application also seeks a long list of potential uses, including the production of geothermal energy.

The city also wants to increase diversions from the Roaring Fork River and into the Riverside Ditch, by 1.5 cfs. Today the ditch, from its head gate near the Aspen Club, winds through residential areas near Riverside Drive, goes under Highway 82, and then passes through Snyder Park.

The city said it intends to use 1 cfs from the additional diversions into the Riverside Ditch to fill, re-fill and freshen Snyder Pond, which is used to irrigate Snyder Park, and to use .5 cfs to irrigate the Prockter Open Space and neighboring Herron and Newbury parks.

But the new water right would also include many other potential uses.

A map from the city's water rights application showing Newberry and Herron parks and Prockter Open Space.
A map from the city's water rights application showing Newberry and Herron parks and Prockter Open Space.

Aug plan

In a proposed augmentation plan, the city proposes to back-up its new water rights when needed by releasing water from Ruedi Reservoir. Ruedi water would protect the ongoing use of the Queen Street Well, as well as the other elements in its application, in the face of a downstream call.

The state, however, has concerns about the city’s proposed water rights.

In its statement of opposition, the CWCB said, “the proposed plan for augmentation and exchange may not replace depletions in the proper time, place and amount, which could injure the CWCB’s instream flow water rights.”

The CWCB holds an instream flow right of 32 cfs in the Roaring Fork between Difficult Creek and Maroon Creek and a right of 30 to 55 cfs, depending on the season, between Maroon Creek and the Fryingpan River.

“Terms and conditions should be included in the decree to ensure that the proposed change will not injure the CWCB’s instream flow water rights,” the statement of opposition from CWCB said.

The city is aware of the concerns of the CWCB and other water rights owners.

Phil Overeynder, an engineer with the city who oversees long-range water planning, said in February that the burden will be on the city to show that its use of water from a new Queen Street Well will not harm any other water rights.

A status conference in the case, number 2015CW3119 in Division 5 water court in Glenwood Springs, has been set for April 28.

Editor’s note:
Aspen Journalism and the Aspen Daily News are collaborating on coverage of rivers and water. The Daily News published this story on Monday, April 11, 2016.

Please also see: “City of Aspen files for a water right tied to a deep new well”

2016 #coleg: HB16-1392 (Water Banks Administration) update

From The Pueblo Chieftain (Chris Woodka):

A water banking bill being considered in the state Legislature would help farmers keep their water rights while increasing the range of uses.

“Farmers always get the short end of the stick. The state likes to pick on farmers,” said Jay Winner, general manager of the Lower Arkansas Valley Water Conservancy District.

Farms face a policy of “use it or lose it” that means if water can’t be used on a specific parcel of land, it flows downstream. Water banking could mean about 5-10 percent more water could be put to use each year, according to some estimates.

“Once a farmer deposits the water in this water bank, he can use it in any way within the Arkansas Valley,” Winner explained.

The bill, HB16-1392, is sponsored by Reps. Jeni Arndt, D-Fort Collins, and Ed Vigil, D-Fort Garland, and Sen. Larry Crowder, R-Alamosa. The Lower Ark district is backing the bill as a way of improving on the 2013 legislation, HB1248, that established a pilot program now being used by the Arkansas Valley Super Ditch.

Winner spoke about the bill Thursday with The Pueblo Chieftain editorial board.

Winner expects the water bank to succeed where others have failed because it will be useful to farmers. It allows for short-term leases, either to cities or other farms, that are now possible, but expensive and complicated to execute. No change in water right is required, since the leases would be made under administrative rules under the supervision of the Colorado Water Conservation Board.

“This is a way to bring some land back into production,” Winner said. “The water rights decree never changes, but it provides more options to the farmers.”

The legislation also could advance concepts such as deficit crop irrigation, supplementing sprinklers or well and or partial irrigation of a parcel.

Farmers would be limited to putting water into the “bank” every three years in 10 or using no more than 30 percent of the total consumptive use water supply over that time. Water would not be able to leave its basin of origin. [ed. emphasis mine]

“It makes the water more valuable to farmers,” Winner said

Straight line diagram of the Lower Arkansas Valley ditches via Headwaters
Straight line diagram of the Lower Arkansas Valley ditches via Headwaters

No “Buy and Dry” and sprawl for Berthoud area farm

Berthoud Auto Storage back in the day
Berthoud Auto Storage back in the day

From the Berthoud Surveyor (John Gardner):

The property will continue to be farmed by a lease agreement with proceeds going back to the county’s Open Lands Department. This deal satisfies the sister’s dream of keeping the property a working farm.

“We just couldn’t stand to see it developed,” [Peggy] Malchow Sass said. “Knowing that it’s going to stay a farm is really satisfying to us.”

The water for the property fills the Handy Ditch that gets water from the Big Thompson River, Malchow Sass said, adding that it’s positive to keep the water with the land, not only for the farm, but for all the other nearby ranches and farms that utilize the Handy Ditch water.

“By leaving the water in the ditch enables many farmers along the way to get their water more easily; the more water there is in the ditch the more easily it is for farmers to get their water,” she said. “That’s a benefit directly to the Berthoud area.”

Per the agreement, the water will continue to be used on the property seven out of 10 years but will also be available to local municipalities during times of drought. Acquiring the water rights is an innovative aspect of the purchase, according to Larimer County Commissioner Tom Donnelly.

“I think this is a great opportunity to really talk about what we want to do with water and how we want to see water addressed,” Donnelly said. “The last thing we want to see is a lot of irrigated farm land bought then dried up. We want to make sure that we keep some of those resources with the land so that they can be used in perpetuity.”

Craig Godbout, program manager for the Colorado Water Conservancy Board’s Alternative Transfer Methods grant program, agreed with Donnelly, saying the CWCB’s mission is to help preserve irrigated Ag land. And this is one of the first agreements that will have the water available for use by municipalities during time of drought.

“[Agriculture] is our second biggest industry contributing to our economy here in the state, and this project fits in really well with the state water plan because it helps close that municipal-industrial gap without permanent Ag dry-up,” Godbout said.

This is only the second alternative transfer of water agreement that’s been completed, according to Godbout, and it also creates a new mechanism that can be used as a model for future projects. It’s also an innovative way for the county to explore partnerships with municipal partners and some local farmers, Donnelly said.

“I think we’re doing some groundbreaking work here,” Donnelly said.

The property consists of high quality agricultural soils, with approximately 188 irrigated, 18 pastures and five farmstead acres, according to a natural resources department report. Two homes remain on the property; one built in the 1860s and the other built in 1947. There’s also the scenic red barn, once used to milk cows, located at the farm’s entrance, and a beat shack that was built in the late 1800s.

This land adds to the county’s open space catalog. The county’s interest in this particular parcel grew from its updated 2015 Open Space Master Plan that included citizens’ request for preserving irrigated farm and agriculture land according to Kerri Rollins, Open Lands Program manager.

“When we looked at our inventory across the board, we’ve done a whole lot of ranchland, we’ve done a really good job with ranchland; we’ve bought a few irrigated farms and conservations easements that we own, but they are certainly much smaller,” Rollins said. “So this opportunity happened to come along at the right time and at the time of updating our master plan. We’re excited to be moving forward with it.”

Donnelly credited the county’s Agricultural and Natural Resources Department for its work on making this deal happen and said that this deal has a wealth of opportunities. One of those opportunities could include an educational site for the Thompson School District’s resurrected Future Farmers of America program, where students who could use the land for a hands-on approach to agriculture, or using the farm as an incubator for organic farmers.

The Malchow family has worked with the Berthoud Historical Society to preserve some of the property’s historic features, including the beet shack and a pioneer grave.

One of the oldest ditches in Larimer County, the Eaglin Ditch, is located on the property. And the property also is located within the medium-to-high regional trail priority area for the Berthoud to Carter Lake Regional Trail Corridor…

The county’s Open Lands Department is actively pursuing grant funding to reimburse a portion of the county’s investment to the conserve this property and has already received a $178,425 grant from the Colorado Water Conservation Board to develop the Alternative Transfer Mechanism and water-sharing agreement.

The county will pay $8.4 million for the land and its water shares with the intent of keeping it an active farm and making the water available to municipal providers in drought years. The land is valued at $1.6 million while the water rights are valued at nearly $6.9 million.

Rollins attended Tuesday’s Berthoud Board of Trustees meeting and requested a $100,000 contribution from the town’s Open Space Tax Dollar fund to help pay for the land acquisition. Trustees advised town staff to see what could be done to participate in this partnership.

The county is also seeking contributions through Great Outdoors Colorado and a private foundation, according to a report from the Department of Natural Resources. The land purchase will be finalized in April.