Mountain Town News: Water, water, water on the brains everywhere — Allen Best

May 20, 2015
May 1, 2015 Colorado streamflow forecast map via the NRCS

May 1, 2015 Colorado streamflow forecast map via the NRCS

From The Mountain Town News (Allen Best) via the Summit Daily News:

In Colorado, snowpack this winter was about average in the Blue River Basin, which is where Breckenridge, Keystone, and several other ski areas are located. “Everybody has Blue River envy,” said Eric Kuhn, general manager of the Colorado River Water Conservation District, at a recent meeting covered by the Summit Daily News.

Blue River’s snowpack will soon fill Dillon Reservoir, one of the main reservoirs for metropolitan Denver. However, endangered fish in the Colorado River downstream near the Utah border won’t fare so well, because of less snowpack in the other tributary basins. Peak flows must be at least 12,900 cubic feet per second; they’re expected to peak at 9,600 cfs.

Taking a broader view, Kuhn sees this time in the 21st century as one of transition. “After 100 years of develop more, develop more, develop more, we’re going to have to cut back our uses.”

Kuhn pointed to the declining water levels in both Lake Powell and Lake Mead, the two giant “buckets” on the Colorado River. “Bad things happen when Lake Mead and Lake Powell get drained,” he said, a distinct possibility in the next few years, particularly at Lake Mead.

What about building a pipeline to the Mississippi River or some other water-rich location? “To expect that we can export our problems to somebody else, I just don’t see that somebody else will willingly accept them,” he said.

More Colorado River Basin coverage here.


Pueblo County considering show cause 1041 hearing for Southern Delivery System

May 12, 2015
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.


Southern Delivery System: Jury awards rancher $4.6M — The Pueblo Chieftain

April 28, 2015
Southern Delivery System route map -- Graphic / Reclamation

Southern Delivery System route map — Graphic / Reclamation

From The Pueblo Chieftain (Chris Woodka):

A Pueblo jury late Thursday awarded rancher Gary Walker a $4.6 million judgment against Colorado Springs Utilities for the Southern Delivery System pipeline crossing Walker Ranches in Northern Pueblo County.

Walker contends the amount is far short of what the pipeline has cost him. During the trial, he contended that the conditions of the SDS easement have jeopardized a $25 million conservation easement he was negotiating with the Nature Conservation for $1,680 an acre on 15,000 acres.

Walker said the conditions of the utility easement through his property allow for access that negates the value of the conservation easement, and that soils from offsite that were used as fill are contaminated with seeds from invasive species. Rain storms already have caused erosion on the pipeline scar and the damage could be greater in the future.

He also said he is fearful that Colorado Springs will take action against him if normal ranch activities interfere with the SDS permanent easement that is 100 feet wide across 5.5 miles of Walker Ranches.

The jury awarded Walker $4.665 million in damages in addition to the $82,900 actual value of the easement. The actual value was part of Judge Jill Mattoon’s instructions to the jury.

“We stung Colorado Springs, but it will do little to protect the next little guy or rare environmental landscape that gets in their way,” Walker said in a written statement provided to The Pueblo Chieftain. “My attorneys were amazed at CSU’s response against one rancher. It was like using a tank to kill a fly.”

The rancher charged that Colorado Springs drove up litigation costs intentionally. In December, Walker won a Pueblo District Court decision on costs of about $500,000 to that point, but the state Supreme Court pushed the decision back until the trial concluded. In that case, Walker said Colorado Springs had needlessly delayed trial.

“Colorado Springs punished us a great deal both financially and emotionally but I am glad we did it and I would do it again even though we lost a lot more than we gained,” Walker said. “Our financial loss is minor when compared to the loss of another open space and protected wildlife habitat area.”

Walker plans to raise the issue of how he was treated by Colorado Springs to Pueblo County commissioners, who issued a 1041 permit for SDS in 2009.

“My hope is that Pueblo County stands their ground and protects everyone by holding the city of Colorado Springs and their utility company to the terms of the 1041 contract they signed in 2009,” Walker said.

Walker also indicated that he is nervous about whether he will actually be able to collect the $4.6 million, since he expects Colorado Springs to appeal.

Colorado Springs has not indicated if it will ap- peal the judgment.

“We are disappointed in the outcome and will be exploring our options to protect the interests of those residents who are helping to fund the SDS project and will be impacted by this outcome,” said Janet Rummel, SDS spokeswoman for Colorado Springs Utilities. “We do not believe the result was supported by the evidence presented.”

She contended that Colorado Springs has worked to address Walker’s concerns and to offer fair compensation for the easements, along with paying $720,000 to relocate cattle during construction.

“We will continue to work with Mr. Walker and all easement holders on the SDS alignment to complete successful restoration and revegetation, as well as to responsibly maintain the condition of our easements,” Rummel said.

More Southern Delivery System coverage here.


Southern Delivery System: Closing arguments expected to conclude today in Walker Ranch lawsuit

April 22, 2015
Southern Delivery System route map -- Graphic / Reclamation

Southern Delivery System route map — Graphic / Reclamation

From The Pueblo Chieftain (Chris Woodka):

Closing arguments are expected to wrap up sometime today in a jury trial to determine the value of the Southern Delivery System easement across Walker Ranches in Pueblo County.

Expert witnesses for Colorado Springs testified Tuesday, the seventh day of the trial.

Attorneys for both sides indicated the testimony would wrap up soon and they were preparing to present closing arguments today. After that, the jury will begin its deliberations.

Court records indicate Gary Walker was offered $100,000 for easements on a 150-foot wide strip 5.5 miles long through Walker Ranches in northern Pueblo County. Colorado Springs, which is building SDS, also paid Walker $720,000 to relocate cattle during three years of construction.

Construction on SDS began in 2011, and includes 50 miles of underground pipeline 66 inches in diameter in Pueblo and El Paso counties. The final phase of construction in Pueblo County is the Juniper Pump Station being built near Pueblo Dam.

Walker claims the choice of pipeline route has contributed to erosion and diminished the value of his land. His court records claim SDS has caused $25 million worth of impact on his ranches, which total 65,000 acres. He’s also claiming damages under Pueblo County’s 1041 permit for SDS, which protects landowners from out-of-pocket expenses and requires Colorado Springs to use eminent domain only as a last resort.

District Judge Jill Mattoon is presiding over the trial.

More Southern Delivery System coverage here.


Southern Delivery System: The Pueblo County commissioners take first step to evaluate Colorado Springs’ 1041 permit compliance

March 31, 2015
Fountain Creek Watershed

Fountain Creek Watershed

From The Pueblo Chieftain (Jeff Tucker):

The Pueblo Board of County Commissioners got a first look at a resolution that will allow the board to retain legal counsel along with engineering consultants and other staff to evaluate whether Colorado Springs’ lack of any consistent stormwater funding is a deal-breaker for the Southern Delivery System.

The board took no official action on the measure, instead instructing attorneys Gary Raso and Ray Petros to fine-tune the resolution before it comes back for a vote.

The crux of the issue is the failure of a ballot measure in Colorado Springs in November that would have created a dedicated funding source for stormwater improvements in Colorado Springs that could mitigate the impact of runoff into the Fountain Creek.

The work that would be cleared by the resolution will allow staff to examine what’s been done so far and what still needs to be done for Colorado Springs to comply with the stormwater requirement in the SDS 1041 permit.

“We need to develop a factual basis for any action we take,” said Raso. “It would be the first time that Pueblo County would have an independently established set of facts about the stormwater flowing through the Fountain Creek.”

Petros told commissioners Monday that Colorado Springs has provided staff a summary of its stormwater expenditures.

Colorado Springs has indicated that it has budgeted $17 million this year for more improvements, but Petros said there’s yet to be any indication what those improvements are or if they’re among the 239 projects worth more than $534 million identified in 2013.

Commissioner Sal Pace said he wants a clear picture on what projects Colorado Springs has planned that directly mitigate impacts on the Fountain Creek and which ones are aimed at fixing the challenge of runoff from the various burn scars in the area.

It’s possible that building flood control projects for the burn scar will have an impact on the flooding in Fountain Creek. But Commission Chairwoman Liane “Buffie” McFadyen wondered whether the impacts of the Waldo Canyon Fire are accounted for under the current agreements over the SDS, since those were signed before the first spark of the catastrophic fire ever landed.

McFadyen also worried that the work set forth in the resolution may be at odds with the needs of the county’s own constituents in Pueblo West. The metro district ties into SDS.

“I don’t want to see Pueblo West used in a way that could be interpreted as gamesmanship in all of this,” she said.

Commissioner Terry Hart noted that the $50 million being paid to the Fountain Creek Watershed Flood Control and Greenway District likely won’t be enough to pay for the mitigation projects in Pueblo County and asked Petros and Raso to include a specific date in the resolution as to when the information will be ready.

Petros suggested the end of June, to give the newly elected mayor and City Council time to get sworn in after April 7 elections and for next month’s lawsuit over compensation by Colorado Springs to Walker Ranches to run its course.

However, Hart said he’d like to see it sooner.

“I didn’t create this problem,” he said. “What created this problem was the failure of the question in November.”

More stormwater coverage here.


Southern Delivery System: “It’s a wonderful, wonderful day to celebrate” — John Fredell

March 19, 2015

From The Colorado Springs Gazette (Jakob Rodgers):

The last 50-foot pipe of the 50-mile-long Southern Delivery System arrived at a construction site Wednesday, marking a key milestone for the project as it nears completion next year both on time and under budget.

“We put to rest a lot of doubters that we’d get this done,” said Lionel Rivera, Colorado Springs’ former mayor, who helped approve the project.

With Kool & The Gang’s “Celebration” playing in the background, a truck hauled the massive blue pipe to a site just south of Pikes Peak International Raceway. Crews will place it underground in the coming weeks, completing a system spanning from Pueblo Reservoir to a new water treatment facility in Colorado Springs, which is under construction.

More than 7,000 of the steel, 66-inch-diameter pipes were installed since in 2010. That included a mile-long stretch bored 85 feet below Interstate 25 – a tunnel that was $10 million cheaper than creating a surface trench, according to Colorado Springs Utilities.

Current and former elected officials from across southern Colorado, along with several contractors who have worked on the project, were among scores of people on hand to watch the pipe being delivered. Many signed their names on it.

“It’s great – we’ve been at this a long time,” said John Fredell, the Southern Delivery System’s program director. “It’s a wonderful, wonderful day to celebrate.”

Three pump stations and the treatment facility are expected to be completed this year, with the system up and running for customers in Colorado Springs by the first quarter of 2016, Fredell said.

The project is on track to cost $841 million, below Colorado Springs City Council’s approved budget of $880 million in 2009, which did not account for inflation or rising material costs. The council also serves as Utilities’ board. Those savings rise to about $150 million when factoring in the cost of inflation and increases in material costs, said Fredell, who credited design changes to the pipeline and water treatment facility for much of the savings.

From the Denver Business Journal (Cathy Proctor):

One of the biggest water projects in the western U.S. will hit a major milestone this month, when the last piece of 50 miles of pipe is laid for the Southern Delivery System, the $841 million project to bring new water supplies to Colorado Springs and nearby communities.

The project includes 50 miles of pipeline, three pump stations and a water treatment plant. It will deliver water from the Pueblo Reservoir to Colorado Springs, Fountain, Security and Pueblo West.

More than 7,000 sections of blue-colored, welded, steel pipe 50 feet long and most of it 66 inches in diameter were installed on the project during the last 3 1/2 years of construction.

The project spent $204 million on pipe and installation, according to the Colorado Springs Utilities.

“The pipe is the main artery for this water project and we are extremely pleased with how the pipeline construction went,” said John Fredell, the program director for the Southern Delivery System project.

The project is in the final year of construction and Fredell said the costs are expected to be nearly $150 million under the original budget…

Northwest Pipe (Nasdaq: NWPX), based in Vancouver, Washington, manufactured the SDS pipe at its Denver plant.

Three contractors installed the pipe, Garney Construction, headquartered in Kansas City with an office in Littleton; ASI/HCP Contractors of Pueblo West; and the heavy civil division of Layne, a construction firm based in The Woodlands, Texas, which has four offices in Colorado.

Construction is continuing on other elements of the Southern Delivery System project, including a $125-million water treatment plant and pump station that will have the capacity to treat and pump 50 million gallons of water per day. Three pump stations will help move water uphill, about 1,500 feet in elevation, from the Pueblo Reservoir, also are under construction.

Construction on the remaining portions of the project are expected to be finished by the end of 2015.

From KRDO (Rana Novini):

Community leaders gathered Wednesday to celebrate the completion of pipeline construction for the Southern Delivery System (SDS). The project consists of more than 7,000 50-foot sections of steel pipe that have been installed over the last three and a half years. The pipe will transport water stored in the Pueblo Reservoir north to Pueblo West, Fountain, Security and Colorado Springs.

“It’s taken many years and it’s taken many city councils and it’s taken many leaders and many workers to accomplish this,” said Colorado Springs City Councilman Merv Bennett. “Our friends to the south, the Lord gave them the Arkansas River as their delivery system. To the north, Denver has the South Platte River as their delivery system. We have Fountain Creek and we ran out of that water in 1912.”

Proponents of the SDS argue the pipeline will ensure Colorado Springs and surrounding areas can continue to grow, especially toward eastern El Paso County. The region will have to worry less about drought and watering restrictions.

“Water is important. It’s the lifeline of a community,” said Lionel Rivera, former mayor of Colorado Springs. “It’s the way you grow and I think we’ve ensured the water supply for at least the next 50 years.”

Rivera was mayor from 2003 until 2011 and helped get the project rolling. He said Tuesday that it was one of the most rewarding things he did as mayor.

“It’s very exciting, a little bit emotional to see that pipe,” Rivera said. “It just made me think of all the stuff we had to go through to get this approved. We were told back when we started it that it couldn’t get done from a political standpoint, but we proved the doubters wrong.”

The project has had opponents over the years, many from Pueblo who are concerned over stormwater issues.

Though pipeline construction is complete, workers still need to build water treatment plants and pump stations. The first drop of water is expected to be delivered in spring 2016.

From The Denver Post (Bruce Finley):

Construction crews are poised to lay the final pipeline link for Colorado’s biggest water project in decades — an $841 million uphill diversion from the Arkansas River to enable population growth in Colorado Springs and other semi-arid Front Range cities.

Eleven 2,000-plus horsepower pumps driven by coal-fired power plants will propel the water from a reservoir near Pueblo through a 50-mile pipeline with an elevation gain of 1,500 feet.

This is the first phase, moving up to 50 million gallons a day, for a Southern Delivery System that utility officials estimated will eventually cost $1.5 billion.

“It means we will have greater water security,” Colorado Springs utilities spokeswoman Janet Rummel said. “Businesses need water. Our communities need water to survive. It means we can continue to serve our population as it grows.”

Water challenges loom across Colorado, with state officials projecting a 163 billion-gallon shortfall. A few years ago, drought forced Colorado Springs to stop watering municipal parkways and gardens.

The diverted water can be used only within the Arkansas River Basin, officials said, ruling out sales to south Denver suburbs. And the river water, after treatment, must be returned to downstream farmers.

Colorado Springs residents have been paying for the project through water bills, which increased by 52 percent over four years. Utility officials spent $475 million from bonds.

The water will flow by next March, officials said. At full buildout, the system will store water in two new reservoirs east of Colorado Springs.

The new north outlet works at Pueblo Dam -- Photo/MWH Global

The new north outlet works at Pueblo Dam — Photo/MWH Global

From The Pueblo Chieftain (Chris Woodka):

The Southern Delivery System pipeline’s completion was marked by a contingent of El Paso County officials and a smattering of Pueblo County folks as well.

For John Bowen, president of ASI Constructors of Pueblo West, the SDS project has meant bread on the table as well as water in the pipes.

“It’s generated $50 million in contract values for our company,” Bowen said during a ceremony to mark completion of the SDS pipeline from Pueblo Dam to Colorado Springs. “We were able to grow as a business during a time when a lot of contractors were laying people off.”

ASI was the primary contractor for the connection at Pueblo Dam, as well as 12 miles of the 50-mile SDS pipeline route, and relied on 70 local businesses for support services. The SDS project generated $800,000 in wages for ASI workers.

More Southern Delivery System coverage here and here.


2015 Colorado legislation: HB15-1167 (South Platte River Mainstem Storage Study)

February 17, 2015
South Platte River Basin via Wikipedia

South Platte River Basin via Wikipedia

HB15-1167 is up for hearing tomorrow in the House Agriculture, Livestock, & Natural Resources committee. The bill is the brainchild of J. Paul Brown representing District 59 down in southwestern Colorado. It would direct the CWCB to study the feasibility of new mainstem storage on the South Platte River downstream from Greeley. It also directs the CWCB to utilize existing studies of the possibility of pumping water from the Missouri River Basin back to Colorado. I suppose he’s talking about the USACE’s alternative to Aaron Million’s pipeline from the Green River or the Kansas Aqueduct project.

The bill calls out the Narrows Dam Project (650,000 AF) that was authorized by the US Congress but never built for a number of reasons, most of which would be faced by any new mainstem project.

Senator Sonnenberg shows up as the Senate sponsor.

Here’s what Representative Brown had to say on the subject in the Pagosa Daily Post:

My time in the legislature is challenging and exciting. I am working hard on my bills as well as keeping up on my committee bills and the bills that come to the floor. I actually have a little advantage over other legislators in that my apartment is half a block from the Capitol, so all of my time, when I am not sleeping, showering, or attending receptions, is spent reading and preparing for action on bills.

My number one issue is water storage and primarily storage in the South Platte drainage in Colorado. Why on the South Platte? Because that is the one drainage on the eastern side of Colorado that regularly has water that leaves the state that can legally be stored and used in Colorado. When I was in the legislature in 2011 and 2012 I started paying attention to the water in the South Platte Basin that was leaving the state. There were two years in particular where over 1,000,000 acre feet per year were wasted, another where 600,000 acre feet left the state, and even today there is excess water running out of the state that could be used to augment other water needs in Colorado. If we could store that water, it would help to satisfy the demand on the Front Range and relieve the need to send water from the Western Slope to the more populated Eastern side of the Continental Divide.

For the past many years I have been learning all I can about water, water law, water compacts with other states, and everything else related to water that I could possibly learn. I started at a young age when my parents were paid to measure the water at the Colorado/New Mexico state line on the La Plata River South of Hesperus, Colorado. On most early mornings before I caught the bus for school I would measure the amount of water in the river. That information was then relayed to the water authorities in both states where ditches were closed or opened depending on their priority. I have monitored Governor Hickenlooper‚s „water plan‰ and have attended as many Water Roundtable meetings as I could possibly make. I have attended the Colorado Water Congress meetings amongst the most knowledgeable water lawyers and providers in Colorado.

I still have much to learn.

Everywhere I go I have asked folks about storage on the South Platte. The more I have learned, the more it became evident that all of the information needed to make good decisions on where and how to store water was scattered in many different places. I decided that it was necessary to pull all of that information together and that the easiest way to do so is to run a bill. That bill is HB15- 1167. It will be heard in the House Agriculture, Livestock, and Natural Resources Committee upon adjournment on the 18th of February.

More 2015 Colorado legislation coverage here.


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