From The Cortez Journal (Jim Mimiaga):
A documentary screening about the Dolores River was followed by a lively forum about the issue of low flows below McPhee Dam.
“River of Sorrows” was commissioned by the Dolores River Boating Advocates to highlight the plight of the Lower Dolores River.
The new film, which is for sale on the DRBA website for $10, had several showings April 30 at the Sunflower Theatre.
A panel answered questions from a moderator and from the audience. The panel included Josh Munson of the DRBA; Mike Preston, general manager of the Dolores Water Conservancy District; Eric White of the Ute Mountain Farm and Ranch; Mike Japhet, a retired aquatic biologist with the Colorado Parks and Wildlife; and Amber Clark, of the Dolores River Dialogue.
What are the major challenges facing the Dolores River and what are the solutions for addressing those challenges?
Munson said the challenge is for people to see there are beneficial uses to Dolores River water other than just farming, such as for fishery health and boating. Changing the water rights system to allow individuals to sell or lease their water allocation so it stays in the river is one solution.
“Other uses helps to diversify the economy,” he said.
Preston said a major challenge is managing the reservoir in drought conditions. He said the goal is maximizing efficiencies in order to improve carryover in the reservoir year to year.
“High storage lifts all boats, including for recreation,” he said.
White said the film missed the compromises the Ute Mountain Ute tribe has made regarding water rights.
“Our allocation has dropped,” he said. “The tribe has fought for our water rights for a long time.”
Japhet said low flows below the dam are threatening three native fish: the flannelhead sucker, bluehead sucker, and roundtail chub.
“They have been declining precipitously,” he said.
Japhet called for more flexibility in how water reserved for fish and wildlife is managed out of McPhee. For example, 850 acre-feet diverted to the Simon Draw wetlands could be used to augment low flows on the Lower Dolores to help fish.
Clark said the big picture solution need to be collaborative and local, “or somebody from outside will find a solution for us.”
The group revealed the difficulty in finding a compromise that improves the downstream fishery and recreation boating but does not threaten the local agricultural economy.
“Use if or lose it water doctrine is a waste of water resources for farmers and conservationists,” Munson said. “The system does not allow for an individual to lease their water” for instream purposes.
Preston pointed out that in the last eight years, there has been four years where there was a release from the dam. The last one was in 2011, and this year a spill is uncertain.
“We are four for four. When we have excess water we release for boating and the fishery,” he said.
Japhet said the “elephant in the room” is if one of the three native fish species is petitioned for listing on the endangered species list.
“It would cause the U.S. Fish and Wildlife to take a very close look at what is going on with the water and fish resource,” he said. “The best solution is to be proactive and work something out locally to avoid a federal mandate telling us what to do.”
An audience member asked if the river itself has a right to water. Preston said the state instream flow program designates minimum flows for the river, including a 900 cfs below the confluence with the San Miguel. Below the dam the instream flow designation is 78 cfs.
“The river has a right to water, the fact that it was once wild should stay in people’s minds,” Munson replied. “The place itself has a beneficial use for fish, birds, otters. It’s recreation provides a way to make a living.”
Betty Ann Kohlner expressed concerns about McPhee water being used for hydraulic fracturing used for drilling natural gas.
Preston said about 4,000 acre-feet is available in McPhee for municipal and industrial purposes, including for fracking. But, he said, There has been limited use of the water for that purpose.
“If you can lease water to frack, why can’t water be leased for recreation and fish needs downstream from willing owners?” responded one man. “There is a contradiction in how we apply our understanding of how we should use water.”
Don Schwindt, of the DWCD board, pointed out that the Dolores River is part of the Colorado River compact that divides the state’s river water with several downstream states.
“Two thirds of the state’s water is required to leave by compact, and as it leaves it is available in the streams,” he said. “That two-thirds is more dominate than agricultural use.”