“The Western Slope in Colorado has no more water to give” –WestSlopeWater.com #COWaterPlan #ColoradoRiver #COriver

Colorado transmountain diversions via the State Engineer's office
Colorado transmountain diversions via the State Engineer’s office

From The Aspen Daily News (Collin Szewczyk):

That theme of cooperation, including striking a balance between consumption and conservation, quickly rose to the surface Friday, as members of the whitewater, conservation and political communities met at Colorado Mountain College in Glenwood Springs to discuss the future of state water policy.

“To the best of our ability, we don’t want it to be West Slope against East Slope, “ said Heather Lewin, watershed action director for the Roaring Fork Conservancy. “We want to be working together to understand where water comes from, and how to use it most efficiently … so that we can do the best we can for the people who live here and for the environment.”

Members of the environmental group Conservation Colorado hosted the confab, which was set to coincide with Colorado River Day. The discussion largely revolved around local water issues and the recent release of the draft Colorado Water Plan. As water levels dwindle throughout the West, Colorado is formulating its first state water plan…

A benefit of the state effort is that many interest groups have gotten together to discuss the issue, creating new partnerships that before may never have been possible, said Kristin Green, Front Range field manager for Conservation Colorado.

“I think it’s important to recognize the diversity of holders we do have in this state, particularly in this area, that feel very direct effects from how we are managing our rivers,” she said. “Now more than ever we need to make sure all those different voices are being heard.”

More than 24,000 comments have been made concerning the draft water plan, and the public comment period doesn’t end until Sept. 17, Green said.

She noted that the second draft of the water plan begins to delve into potential solutions, and suggests a conservation goal of saving 400,000 acre feet by 2050. It’s the start of establishing the criteria officials may want to discuss, she said.

“There definitely was more meat on the bones,” Green said of the second draft…

Roaring Fork watershed increases 
quality of the Colorado

Lewin said that while the Roaring Fork River may be a small component of the overall Colorado River Basin, it still contributes around 1 million acre feet of water to the larger river each year.

She said the quality and quantity of that water can be very significant farther downstream in both an ecological sense and for its value to industries, municipalities and agriculture. But diversions strain that resource.

“Having high-quality water in the Roaring Fork makes a big difference of the water quality overall in the Colorado,” Lewin said.

She added that the river’s gold medal fishing designation is a huge economic boost to the valley. That lofty standard is met when there are at least 60 pounds of trout per acre of water, including at least 12 fish that are 14 inches or longer.

“That’s a lot of fat fish,” Lewin said. “But [keeping] those fish growing fat, healthy and swimming doesn’t happen in a vacuum.”

These conditions occur when a river or stream consists of clean water, and is home to an abundant insect population and a healthy riparian area. Lewin said surrounding riparian areas provide shade to cool river temperatures; food for aquatic creatures; erosion control; and help to filter pollutants.

“As you increase development, and as we diminish stream flows, riparian vegetation becomes one of the first things to really suffer,” she said. “So it’s hard to regenerate cottonwoods without overbanking flows. Cottonwoods are a key part to that riparian vegetation piece.”

Lewin said the recent wet spring led to the term “miracle May,” a month with a huge amount of precipitation that helped make up for a dry and warm winter. The heavy flows also helped to clear out sediment that built up in areas of the Roaring Fork.

“One of the biggest transmountain diversions out of the basin, the Independence Pass Tunnel, was shut down for nearly two months,” she said (that was because the East Slope had ample water supplies). “It just started operations about a week ago or so. By closing down that tunnel we were able to really see the full effects of the spring flushing flow and the benefits to the river.”

Lewin added that old oxbows in the North Star Nature Preserve east of Aspen were again filled with water this spring, putting the wetland area in a more natural state.

The Roaring Fork Conservancy has also engaged residents in the Crystal River Valley to work on addressing low stream flows. That effort has focused on looking at best practices to manage diversions and return flows, and studying the area’s physical features.

“We’re trying to see if we can use all of those pieces together in cooperation with the people who live on and around the river, and use that water to do the best we can for the Crystal,” Lewin said.

Dean Moffatt, a local architect, inquired about efforts to bestow the federal “Wild and Scenic” designation and its protections on the Crystal River.

“As an organization, we’re certainly supportive of the process,” Lewin replied. “We think that it’s really important and has the potential to be really beneficial.”[…]

‘No more water to give’

Aron Diaz, a Silt town trustee, said there’s a lot of interest among local leaders in the Colorado Water Plan.

“We’re really in a unique position and have the opportunity to craft Colorado’s water policy at the larger state level,” he said. “But we need to keep in mind how that affects the Western Slope.”

Diaz said the biggest point of concern is that Front Range basins are still adding placeholders, indicating that they may need more West Slope water to meet demands.

“We’re pretty tapped out for the amount of water that we have available to us,” he said. “Both with our obligations to stakeholders along the Colorado and those environmental, recreational, agricultural, industrial, municipal needs … as well as our downstream obligations with the compact, we’re really at the limit.”

There’s a need to set “achievable, but very aggressive conservation goals” to assure every avenue is studied before looking at new diversions, Diaz said. He urged the public to visit westslopewater.com to sign a petition that will be delivered to Gov. Hickenlooper and Colorado Water Conservation Board director James Eklund. It requests that no new diversions of water be made to the Front Range…

“The Western Slope in Colorado has no more water to give. We, the undersigned western Colorado residents, strongly urge you to oppose any new trans-mountain diversion that will take more water from the Western Slope of Colorado, as you develop Colorado’s Water Plan,” the petition states. “We cannot solve our state’s future water needs by simply sending more water east.”

Lake Pueblo returning to normal as floodwater released — The Pueblo Chieftain

Pueblo Dam
Pueblo Dam

From The Pueblo Chieftain (Chris Woodka):

Maybe it’s time to slap a tag on the Arkansas River that says “shrinks when wet.”

Despite a rainy week, the flow in the Arkansas River is expected to be cut in half today, as the last of stored floodwater is released from Pueblo Dam.

“We started to cut the flows (Tuesday) afternoon,” said Roy Vaughan of the Bureau of Reclamation. “They should be around 2,500 (cubic feet per second) in the morning.”

Water levels have allowed most areas of Lake Pueblo to be reopened, although the sailboard area parking lot still is being assessed and some shoreline areas are soft, Lake Pueblo State Park Manager Monique Mullis said.

“There are still some logs in the water,” Mullis said.

The park is planning to announce wood collection opportunities in the near future.

After the water levels drop in the Arkansas River, Colorado Parks and Wildlife, the city of Pueblo and Pueblo County will decide on whether to lift boating restrictions that remain in effect on the river to the Otero County line.

Wet weather returned to the Pueblo area this week, with storms leaving up to half an inch of rain in Pueblo Monday, an inch in areas west of Pueblo and up to 3 inches in the Beulah and Colorado City-Rye areas.

Similar rainfall totals were expected through Tuesday night, with even heavier rain expected today, according to Randy Gray of the National Weather Service in Pueblo.

“The heaviest precipitation should be in the mountain areas in the Sangre de Cristo (Range), Wet Mountains, El Paso and Teller counties,” Gray said. “It should move to the east by Thursday.”

Up to an inch of rain is expected in the Upper Arkansas Valley and the northern San Luis Valley.

The new rain kept water levels on Fountain Creek and in the Arkansas River high. Avondale briefly reached flood stage for the first time in a week Tuesday morning, but should return to lower levels as Pueblo Dam releases are cut.

Fountain Creek levels jumped slightly Tuesday, but were nowhere near the damaging levels in May and June.

The rain had not caused any new damage to county roads, although some private driveways washed out in the Rye area, said Alf Randall, Pueblo County public works director.

Fountain Creek continues to cut at Overton Road north of the Pinon Bridge, and negotiations with Pueblo Springs Ranch owners for a byoff pass route continue. The county this week began work on shoring up the northwest dike on the Pinon Bridge to prevent damage, Randall added.

More Fryingpan-Arkansas Project coverage here.

Southern Delivery System: Springs, Walker settle for $7.1M — The Pueblo Chieftain

From The Pueblo Chieftain (Chris Woodka):

Colorado Springs Utilities and Gary Walker have reached a $7.1 million settlement for the damage to Walker Ranches from the Southern Delivery System pipeline.

The pipeline crosses 5.5 miles of the 63,000-acre property on its route from Pueblo Dam to Colorado Springs. The $841 million SDS project is scheduled to go online next year and will supply water to Colorado Springs, Fountain, Security and Pueblo West.

On May 6, a jury awarded Walker $4.75 million, which included a $4.665 million judgment beyond the $82,900 stipulated value of the easement across Walker Ranches. Damages plus interest would have brought the total payment to $5.78 million, according to a joint press release.

Utilities disputed the amount, and filed an appeal on May 7. Walker Ranches appealed the decision on May 14. Those appeals were dismissed as part of the settlement reached June 16, but announced on Thursday.

The final agreement resolves all claims for $7.1 million, the press release said.

Utilities will also install fencing on Walker Ranches to prevent cattle from entering the area of the SDS pipeline scar that is being revegetated, and will work with Walker to erect berms on the property to reduce erosion.

The agreement also commits both parties to work together in the future to protect the right of way.

Utilities said the settlement provides more certainty about the ultimate cost of the project, reducing the possibility of an expensive appeals process.

“It has always been our intent when working with property owners to use the court process as a last resort,” John Fredell, SDS program director, said in the news release. “By successfully resolving these issues with Mr. Walker, we can focus on completing the required revegetation on his property and finishing the SDS project on time and under budget.”

Walker, when contacted by The Pueblo Chieftain , declined to comment because of the conditions of the settlement.

During the trial, Walker claimed the SDS project had compromised a $25 million conservation easement on 15,000 acres he was negotiating with the Nature Conservancy. He has used about $13 million from past easements to expand the ranches, which is part of a long-term plan to prevent further urban sprawl in northern Pueblo County.

Ray Petros, Pueblo County’s special counsel, said he has not seen the settlement agreement, so he is uncertain about how the county’s 1041 permit for SDS would be affected. The county is teeing up compliance hearings later this year on revegetation and Fountain Creek flood control, which are referenced in conditions that are part of the 1041 permit.

More Southern Delivery System coverage here and here.

Watching the mouth of the Roaring Fork River — Aspen Journalism

railroadbridgeoverroaringforkrivermay2015viaaspenjournalismjeremywallaceaspentimes

From Aspen Journalism (Brent Gardner-Smith):

As my raft floated under the railroad bridge at the confluence of the Roaring Fork and Colorado rivers last week, I was wondering just how much water would flow out of the Fork and into the Colorado this year.

Certainly less than average, given that the snowpack peaked in March and began melting off, I mused, taking a stroke to catch the big eddy that forms just shy of the mighty Colorado, where the Fork comes in across from Two Rivers Park in Glenwood Springs after draining 1,543 square miles of land.

Perhaps the wet and cold weather of late April and much of May will continue to forestall a sudden flash of melting snow, so what snow we still have in the high country will come off in a nice steady fashion.

But spinning around the eddy, I knew how easy it was, as a boater, to be wrong about water and weather. It is also, as it turns out, a tricky time of year for professional hydrologists to predict run-off, as data from low-elevation snow-measuring sites tapers off and daily weather conditions can play a big role in shaping how much water flows, and when it does.

In mid-March, which felt like summer already, a trip on the Green River starting April 12 seemed like a good bet this year to enjoy some warm weather. But a big storm swept in that week and blasted the river with freezing rain.

The same storm laid down 11 inches of snow on Aspen Mountain by Friday, April 17, making for a memorable closing weekend for some.

After warming up from that trip, I ventured optimistically out again during the first full week of May, this time on the Colorado River west of Loma. And I was soon engulfed in the downpours of May 5 and 6 that lead to river levels across the region jumping up.

Between May 5 and May 7, for example, the flow in the lower Fork doubled from a 1,000 cubic feet per second to over 2,000 cfs.

So when I went out on May 13 for my first trip of the season down the Roaring Fork from Carbondale to Glenwood, I wasn’t surprised that it started raining. It’s just been that kind of season so far — in fact, through May 19, total precipitation in the Roaring Fork River watershed was 204 percent, or double the normal amount of precipitation. according to the Natural Resource Conservation Service (NRCS).

But the Fork was flowing that day at 1,110 cubic feet per second, which was enough water to have a perfectly nice float, especially as I did see some sun (and some red-wing blackbirds).

But will the river get much bigger this year, I wondered as I rowed toward Glenwood.

redcanyonfromroaringforkmay132015apenjournalimsjeremywallaceaspentimes

Below average flows

The Colorado River Basin Forecast Center in Salt Lake City forecast on May 19 that the Roaring Fork will most likely peak this year in mid- to late June at 4,300 cfs, as measured at Veltus Park, just above the Fork’s confluence with the Colorado.

That’s 73 percent of the Fork’s average annual peak of 5,920 cfs, which typically occurs between May 29 and June 23.

While this year’s likely peak flow of 4,300 cfs is certainly better than the lowest peak flow on record — 1,870 cfs on June 3, 2012 — it’s also way below the historic peak of 11,800 cfs on July 13 in 1995.

The forecast peak flow has increased given the cool and wet weather in May. So, if April showers bring May flowers, May showers are likely to bring better boating on the Fork in June.

“I would say it is very likely (the Roaring Fork) will see a below average peak flow this year,” said Brenda Alcorn, a senior hydrologist with the Forecast Center.

However, she added that what snowpack we do have “is in better shape than it was in 2002 and 2012, so I do not expect a record low peak.”

But just how much water comes, and when, is now weather dependent.

“Spring temperatures and precipitation play a significant role in the pattern of snowmelt runoff and consequently the magnitude of peak flows,” Alcorn said. “An extended period of much above normal temperatures or heavy rainfall during the melt period can cause higher than expected peaks, while cool weather can cause lower than expected peaks.”

On Friday, May 15, Julie Malingowsky, a meteorologist with the National Weather Service in Grand Junction, said the period to at least May 25 looked cooler and wetter than normal, and longer-range forecasts indicate that the next several months could be wetter than normal.

(Also, see the Intermountain West Climate Dashboard of indicators at Western Water Assessment)

But probably not wet enough make up for the skinny snowpack.

“Even though it has been a wet month, we are still drier than normal,” Malingowsky said.

confulenceroaringforkcrystalriver05132015aspenjournalismjeremywallaceaspentime

Below average supply

Another view of this year’s water picture is available from the Natural Resources Conservation Service’s “Colorado Water Supply Outlook Report,” which was published on May 1.

The report shows that the “most likely” amount of water to reach the bottom of the Roaring Fork between April and the end of July is 450,000 acre-feet, according to Brian Domonkos, a data collection officer with NRCS.

That’s below the 30-year average of 690,000 acre-feet flowing down the Fork for the period from April to August. (The Roaring Fork delivers, on average, 871,100 acre-feet of water to the Colorado River over a full year, according to the Colorado Division of Water Resources).

The water-supply report said that current conditions point to “a below normal streamflow forecast picture for much of the state heading into spring and summer of 2015.”

However, Gus Goodbody, a forecast hydrologist with NRCS, said the amount of water expected to flow out of the Roaring Fork is likely to increase from the May 1 forecast by five to 10 percent, given May’s weather so far.

“It’s going to go up,” he said.

Another indicator of potential run-off is the measure of the “snow water equivalent” at SNOTEL measuring sites in the Roaring Fork basin.

The average from the eight SNOTEL sites in the Roaring Fork basin was 108 percent on May 19, but that’s without complete data from four of the sites.

That number — 108 percent — has been climbing steadily since May 1, but it’s not an indicator that the snowpack has been growing. What it does show is that the cool and wet weather has slowed the run-off and moved the data closer to the historic average — which, again, bodes well for June boating. But in addition to the snowpack and the weather, there are other factors that dictate the flows in the Fork at Glenwood Springs.

lookingupthecoloradoriverconfluenceroaringforkaspenjournalismjeremywallaceaspentimes

Off the top

An average of 40,600 acre-feet of water a year is collected from the upper Roaring Fork River basin and sent through a tunnel under Independence Pass and into Twin Lakes Reservoir, destined for Aurora, Colorado Springs, Pueblo and Pueblo West.

The Twin Lakes diversion takes 40 percent of the water out of the upper Roaring Fork basin above Aspen, according to the 2012 Roaring Fork Watershed Plan.

Another 61,500 acre-feet is collected on average each year from tributaries of the upper Fryingpan River and sent east through the Bousted and Busk tunnels. That accounts for 37 percent of the water in the upper Fryingpan headwaters.

As such, there are many days when there are rivers heading both east and west out of the Roaring Fork River watershed, and the ones heading east can often be bigger.

For example, on May 13, while I was floating on 1,110 cfs at the bottom of the Fork, there was 136 cfs of water running under the Continental Divide in the Twin Lakes — Independence Pass Tunnel, which can, and does, divert up to 625 cfs later in the runoff season.

And the Bousted Tunnel, which transports the water collected from the headwaters of the Fryingpan River, as well as Hunter and Midway creeks in the Roaring Fork basin, was diverting 101 cfs on May 13.

Meanwhile, the gauge on Stillwater Drive on May 14 showed the main stem of the Fork was flowing, just east of Aspen, at 111 cfs.

Then there is the water diverted out of the rivers in the basin and into one of the many irrigation ditches along the Fork, the Crystal and other streams in the basin.

Ken Ransford, a member of the Colorado River Basin Roundtable, estimates that the 12 biggest irrigation ditches on the Roaring Fork and Crystal rivers divert about 115,000 acre-feet of water a year.

Most of that water eventually finds its way back to the rivers, but the diversions also leave many stream reaches lower than they otherwise would be, and few tributaries are left untouched.

According to the Roaring Fork Watershed Plan, “flow-altered stream reaches include the Roaring Fork, Fryingpan, and Crystal rivers, as well as Hunter, Lincoln, Maroon, Castle, West Willow, Woody, Snowmass, Capitol, Collins, Sopris, Nettie, Thompson, Cattle, Fourmile, and Threemile creeks.”

Another factor shaping the flows in the lower Fork are decisions made by regional water managers, including irrigators near Grand Junction and municipal water providers in Denver, that can shape releases from reservoirs such as Green Mountain and Ruedi.

Who needs water, and when, can also dictate the size of that eddy at the bottom of the Fork. So for now, I’m just glad it’s big enough to float a boat.

Editor’s note: Aspen Journalism is collaborating with The Aspen Times, the Aspen Times Weekly, and The Glenwood Springs Post Independent on coverage of rivers and water. The Aspen Times Weekly published this story on Thursday, May 21, 2015.

More Roaring Fork River watershed coverage here.

Southeastern Water board meeting recap: Lake Pueblo, swollen by 12,000 acre-feet of flood water

Fryingpan-Arkansas Project via the Southeastern Colorado Water Conservancy District
Fryingpan-Arkansas Project via the Southeastern Colorado Water Conservancy District

From The Pueblo Chieftain (Chris Woodka):

Water, water everywhere.

Not going to be a problem later in the year, right?

Hold on.

The Southeastern Colorado Water Conservancy District Thursday considered the possibilities of how water comes through the Boustead Tunnel into Turquoise Lake under the Fryingpan- Arkansas Project.

All signs are pointing toward a more-or-less normal year in terms of water supply. Lake Pueblo, swollen by 12,000 acre-feet of flood water, is 132 percent of average. The flood water already was being released on Thursday, raising Arkansas River levels in the wake of the flood surge.

Turquoise and Twin Lakes are above average in the upper reaches of the Arkansas River, while John Martin Reservoir has begun filling again to its highest level since 2010, about 82,000 acre-feet on Thursday.

Snowpack levels in the headwaters of both the Colorado and Arkansas Rivers are back to normal, but it’s late in the season and both basins fell short of peak moisture levels this year.

But very little transmountain water has come over so far, just 4,254 acre-feet of a projected 53,000 acre-feet for the season.

“It all depends on how it comes off,” said Roy Vaughan, Fry-Ark manager for the Bureau of Reclamation.

Cold temperatures are preventing the snow from melting at prime rates, as it does at this time of year in some cases.

“The tunnel hasn’t started to run at full capacity, so we’re behind,” Vaughan said.

If it warms up too quickly, the Fry-Ark structures won’t be able to capture it. And river levels have to be met on the Western Slope, Vaughan explained.

In the past decade, the Southeastern district has adopted new policies to avoid over-allocating water early in the season, so it holds back 20 percent of the allocation.

More coverage from Chris Woodka writing for The Pueblo Chieftain:

Farms will get a boost in water supply, with nearly average allocations from the Fryingpan- Arkansas Project, but reduced requests from cities for water.

The Southeastern Colorado Water Conservancy District Thursday approved allocations from the project, based on snow forecasts, which have improved since projections of water supply were made May 1.

The district projects that 53,000 acre-feet (17 billion gallons) of water will be brought through the Boustead Tunnel into Turquoise Lake. That would mean almost 45,700 acre-feet available for allocation.

Of that, about one-third will go to cities and two-thirds to farms. Under the district’s allocation principles, the split would be closer to 53 percent municipal and 47 percent agricultural.

Initially, just 80 percent of the water will be allocated in case conditions change and imports are less than expected. The remaining 20 percent will be available when imports reach the target.

If more water above the target is brought over, there could be a second allocation.

Cost of the water is $9 per acre-foot for farms and $9.75 for cities.

Municipalities reduced their requests significantly this year.

The Fountain Valley Authority (Colorado Springs, Fountain, Security, Stratmoor Hills and Widefield) requested and received 7,216 acrefeet, but was eligible for 11,625 acre-feet.

The Pueblo Board of Water Works was eligible for 4,568 acrefeet, but requested and received no water, since Pueblo Water has ample water in storage this year.

Cities east of Pueblo took slightly less water than authorized, mainly because St. Charles Mesa Water District took just one-sixth of its share. Fowler, Crowley County and Joseph Water all took significantly more water than authorized, while most others were close to average.

Cities west of Pueblo took slightly more. All received the full amount requested.

Pueblo West and Manitou Springs, which get water that was redirected from agriculture when Crowley County farms were dried up by Aurora, will each get full allocations of about 155 and 160 acre-feet, respectively.

The net effect was moving about 9,000 acre-feet to the agricultural side of the ledger, said Garrett Markus, district engineer.

On the agricultural side, Fort Lyon Canal will received the largest allocation, with 10,653 acre-feet, and it will use 3,135 acre-feet of return flows under a pilot project that allows the ditch to use its own return flows for replacement water under state irrigation rules. Only 58,618 acres of the ditch are eligible for Fry-Ark water. The ditch irrigates 93,000 acres, but owners with more than 960 acres, including Pure Cycle (which has 14,600 acres) are not eligible.

As usual, requests for ag water far outpaced the available water.

Farmers asked for 106,570 acre-feet to cover 146,000 acres on 25 canals, ditches or farms. Only 30,024 acrefeet were allocated.

Another 7,431 acre-feet of agricultural return flows were allocated, 95 percent to the three major well augmentation groups in the Arkansas Valley.

More Fryingpan-Arkansas Project coverage here.

Pueblo County considering show cause 1041 hearing for Southern Delivery System

Southern Delivery System route map -- Graphic / Reclamation
Southern Delivery System route map — Graphic / Reclamation

From The Pueblo Chieftain (Chris Woodka):

Pueblo County is a step closer to calling for a hearing to decide whether to repeal or significantly alter the provisions of a 1041 permit allowing the Southern Delivery System to be built through the county.

On Monday, commissioners gave direction to staff to release a report to Colorado Springs detailing the progress of an investigation into whether that city’s lack of any specific funding for storm water permits constitutes a violation of the permit.

According to the report, staff’s recommendation is that, so far, the investigation shows there’s enough evidence to go forward with a show cause hearing on the 1041 document. But staff also asked for permission to hold off on issuing such an order until the first of August.

Waiting two months would give staff time to continue working with Colorado Springs, hire Denver-based Wright Water Engineering as a storm water consultant and give the new mayor and city council in Colorado Springs time to assess the issues for themselves.

“I am confident that there is some probability of success in coming up with some solutions to bring to the board, either as revised conditions or new amendments to the agreement,” said Ray Petros, water counsel to Pueblo County.

Petros said that it’s been six years since there was any dedicated funding in place for Colorado Springs’ storm water improvements and in that time, the number of infrastructure improvements that could help mitigate flows and improve water quality in the Fountain Creek have backlogged to the point that nearly $534 million worth of projects are awaiting completion.

Staff has been investigating the issue since April. Petros said it has been difficult to ascertain what high-priority projects have been completed or what kind of money has actually been spent on projects that would be beneficial to Pueblo County.

At the core of the investigation is the Springs’ decision to disband its storm water enterprise in 2009, along with the failure at the polls in 2014 of a measure to establish a new enterprise.

“Our issue has been from Day 1 that the 1041 permit requires some kind of dedicated funding,” said Commissioner Terry Hart. “No pun intended, but it’s been six years of water under the bridge and we’re painfully aware of that.”

Petros quoted a few passages within the 1041 permit that mentioned the funding source specifically, including the environmental impact statements attached to the permit.

The original staff report noted that the delay also gave Colorado Springs Utilities time to respond to information requests, but Hart said he felt Pueblo should set the timeline on that response.

Public Works Director Alf Randall said that the information requested by staff wasn’t complicated but understood if Colorado Springs staffers preferred to wait until the new mayor and council were sworn in.

Randall also said it would be good to have the information once Wright Water’s contract with Pueblo was finalized.

“I don’t understand what would be highly complex about providing staff a list of projects in 2015,” Randall said.

He said he thought it could be done by June 1.

The commissioners then directed that the June 1 deadline be included in the memo to Colorado Springs.

There are likely more investigations to follow. Commissioner Sal Pace asked staff to consider land purchases, reclamaneighbors. tion issues and potential impacts to Pueblo West homeowners in the investigation.

But the investigation came from a resolution focusing specifically on storm water issues.

All three commissioners said they would like to see future investigations into those other issues.

The commissioners also noted that the past week’s rainfall was a reminder of the urgency for the improvements, as runoff from Colorado Springs churned mud and debris in Fountain Creek and eroded property along Overton Road.

“We have a job to advocate for our constituents and I think the representatives from Colorado Springs, whether they like the process or not, would agree there’s been an impact to the community,” said Commission Chairwoman Liane “Buffie” McFadyen.

More Southern Delivery System coverage here and here.

Colorado Springs Utilities plans to appeal judgment that favored Pueblo-area rancher — The Colorado Springs Gazette

Southern Delivery System route map -- Graphic / Reclamation
Southern Delivery System route map — Graphic / Reclamation

From The Colorado Springs Gazette (Billie Stanton Anleu):

Colorado Springs Utilities has filed notice that it intends to appeal a jury’s $4.6 million judgment in favor of rancher Gary Walker, who let Utilities build a 5.5-mile pipeline on his land for the Southern Delivery System.

Walker and Utilities had agreed that the easement was worth $82,900, and the pipeline was installed on his northern Pueblo County land in 2012 as a conduit for the Southern Delivery System, or SDS.

That regional project is designed to pump Arkansas River water from the Pueblo Reservoir to Colorado Springs, Fountain, Security and Pueblo West, delivering up to 96 million gallons a day to those communities. Water delivery was expected to begin in 2016.

At trial, Walker’s counsel said Walker was negotiating a conservation easement worth more than $30 million with the Nature Conservancy, but degradation of the utility easement destroyed those prospects.

Colorado Springs, which owns Utilities, “had no opportunity to prepare a rebuttal to this surprise, unprecedented argument,” said the notice of intent to appeal filed late Thursday.

The notice questions, among other things, how a property value can be agreed upon at $82,000 and then valued at more than $30 million before a jury, and whether it was appropriate to deny the jury an opportunity to view the property.

The Pueblo County District Court jury deliberated for nine days before rendering its verdict April 23.

Neither Walker and his attorneys nor the Nature Conservancy returned calls Friday.

But SDS spokeswoman Janet Rummel said storms on the land drained water onto the pipeline alignment, causing erosion after the easement had been restored.

“We’ve been working ever since to fully restore it,” Rummel said. “His attorney was claiming actually not as much about the reclamation, but really about his lack of ability to ensure future conservation easements on his property. We really saw no evidence presented that that was the case. That was changing the big concern at the 11th hour of this trial. We need to take into account the effects on our ratepayers.”

Utilities paid Walker about $720,000 to move his cattle and laid irrigation lines along the easement to ensure that plants for restoration would survive, she said.

“From our perspective, we’ve gone above and beyond to address the concerns raised.”

The Fountain Creek Watershed, Flood Control and Greenway District isn’t taking a position on the legal battle, said Executive Director Larry L. Small. But the district is supposed to receive $10 million every year for five years to mitigate the extra flow that Fountain Creek will experience.

“If this drags on, it could impact SDS from becoming operational – and our revenue. That wouldn’t be too good because we’re waiting for that money to begin doing the work we need to do.”

From The Pueblo Chieftain (Chris Woodka):

Rains along the Southern Delivery System pipeline scar through Walker Ranches is again causing flooding problems in northern Pueblo County.

“Prior to the SDS crossing Walker Ranches, we never had floods like these from that area,” said ranchver Gary Walker. “Mother Nature’s defenses took care of it.”

Walker is involved in litigation with Colorado Springs over the 5.5-mile stretch of buried 66-inch diameter pipeline. A jury in April awarded Walker $4.665 million in damages, which Colorado Springs is appealing.

On Friday, rains created a river of mud along the pipeline route, causing some flooding in adjacent areas. Walker supplied aerial photos to The Pueblo Chieftain that show water crossing and sheet off the pipeline scar, with several hundred feet of plastic irrigation pipe — used for revegetation — hanging above a chasm of rushing water.

Walker said this is a violation of Colorado Springs Utilities’ commitments under Pueblo County’s 1041 permit for SDS because the area has not been returned to pre-construction conditions.

He first raised the issue of the pipeline route, which crosses arroyos, in 2008. He wanted the pipeline to follow the route of the Fountain Valley Conduit, constructed in the 1980s, which he said would be less damaging to his ranchland.

“Now Walker Ranches will become part of the flooding problem to downstream residences of Fountain Creek and the Arkansas River,” Walker said. “These are not Biblical events. Our weather is just returning to normal and our drought is ending, as any ‘old-timer’ like me will tell you.

From The Pueblo Chieftain (Chris Woodka):

Colorado Springs Thursday appealed a $4.665 million jury award for damages to Walker Ranches by the Southern Delivery System water pipeline.

The appeal was made in Colorado Court of Appeals in Denver.

The city’s lawyers said the April 23 verdict was delivered after a nine-day trial without any other findings or calculations.

The city’s lawyers added they had no chance to rebut the closing argument of Walker Ranches’ lawyers that the SDS pipeline across 5 miles of the property had diminished the value of surrounding land and that testimony did not support the verdict.

They also claimed the basis for diminished value of the property was not revealed until opening arguments and the value itself only in closing arguments.

A court judgment on the $4.665 million award was entered Wednesday by Pueblo District Judge Jill Mattoon.

Gary Walker, whose family owns the land, said the Nature Conservancy was negotiating with him to buy conservation easements for $1,680 per acre on about 15,000 acres, about $25 million.

“The city had no opportunity to reply to this surprise, unprecedented argument,” Colorado Springs attorneys wrote in the appeal.

Neither side disputed the value of the $82,900 150-foot-wide utility easement for a buried 66-inch diameter pipeline which Colorado Springs offered $1,400 an acre.

Colorado Springs’ filing lists 14 points of law, as well as a catch-all “any other issues” that were not covered by crossappeal.

Among the points raised by Colorado Springs lawyers is whether conservation can be considered the highest and best use for property, a topic Walker elaborated on in an interview with The Pueblo Chieftain after the trial.

Walker explained that conservation is the main purpose for Walker Ranches and illustrated that by pointing out that the millions of dollars from previous conservation easements was used to purchase more land with the intent of preserving ranch land and open spaces for future generations.

Colorado Springs’ attorneys also raised the question of whether Mattoon erred by denying the jury an opportunity to view the property.

More Southern Delivery System coverage here.