We have some exciting opportunities that will get you outside and at the rivers! Check out this list of opportunities and click to sign up. With your help, we can get our rivers cleaner, healthier, and ready for restoration projects. Thank you and please share with friends and family!
A Mixed Verdict on Water Quality Rollback
Confluence Park, Denver South Platte River.
Conservation interests enjoyed a partial victory in the Colorado Water Quality Control Commission’s June hearing, in which TU and others opposed a proposal to significantly rollback existing “antidegradation” regulations that restrict the ability of dischargers to degrade existing water quality. The rollback proposal emerged from an unanticipated 2020 decision under which the Commission ignored its own rules and supported designation of portions of the South Platte downstream of Denver as “use protected” – a designation that allows dischargers to degrade water quality that is currently above the floor set by minimum standards. The 2021 proposal would have modified the antidegradation rules that were ignored in 2020, making it easier to adopt other such decisions to weaken protection on other streams across Colorado. While the current standard has generated confusion and is not as strong as TU and others would wish, the proposed rollback would have dramatically weakened it from the existing rule.
The Commission received petitions signed by thousands of people, hundreds of letters, and heard testimony from dozens of members of the public and the two affected local governments – Adams County and Commerce City - pleading to change their June 2020 decision and opposing the proposed rollback of the underlying water quality standards.
Following two hours of deliberations, the Commission made a preliminary decision last Friday to eliminate the troublesome current antidegradation provision, but not until 2031, to allow for a stakeholder process that will look more closely into antidegradation and make recommended changes to the Commission. The decision is a partial win for water quality because it keeps the language of the regulation as is in the interim, rather than replacing it with the original proposal which would have significantly rolled back water quality protections. However, while choosing to keep the existing language as is, the Commission left the door open for more arbitrary decisions over the next 10 years, like its 2020 decision on the South Platte.
At the heart of the controversy is the antidegradation rule’s existing language, which allows degradation of water quality if the Commission deems a stream to be “substantially polluted” by human activity, but only if there is a showing that the pollution is irreversible. Many dischargers advocate the elimination of this requirement as it is a hard test to overcome, simply because pollution caused by human activity tends to be reversible.
Last Friday’s deliberations revealed confusion among some of the Commissioners as to the reason for last year’s South Platte decision, but audio of their deliberations during the June 2020 hearing reveals a belief that antidegradation protection was meant to apply only to “clear mountain streams” and not to urban areas. That belief that has no basis in fact or in the Clean Water Act.
TU was relieved that the Commission’s decision keeps intact the existing rule, with its requirement that antidegradation protection applies unless human-made pollution is shown to be irreversible, rather than rolling that policy back yet further and enabling greater pollution on more streams like the Denver South Platte. However, the Commission’s failure to affirm the current requirement and even discuss revisiting the inconsistent 2020 South Platte decision simply ignores the public’s pleas to better protect the urban waterway.
The Commission’s action leaves the door open for it to, once again, disregard the rule and deprive streams of antidegradation protection for human pollution, even if the damage is reversible, as they did to the South Platte in 2020. TU and other conservationists must remain vigilant and oppose such future site-specific efforts to rollback antidegradation protections. The decision is also troublesome because it creates yet another lengthy stakeholder process that has historically favored well-funded industry voices. Simply put, conservation groups and environmental justice advocates have far fewer resources to engage in such long-term processes, whereas dischargers’ well-paid lawyers and consultants have ample resources to participate. In creating yet another process, the Commission turned a deaf ear to the conservation groups’ plea to level the playing field.
While dismayed that the Commission failed to take stronger action to support antidegradation including on the Denver South Platte, TU is deeply grateful to the members and partners who spoke out and whose voices were instrumental in helping prevent the existing rule from being weakened. We will continue to seek opportunities to ensure that urban rivers including the South Platte enjoy the stronger protections they and their communities deserve.
As Colorado Legislature kicks off, here are bills we’re watching
repost from TU.org, by Kara Armano
Trout Unlimited is known for its rock-rolling work where we are often found wearing waders and making rivers and streams better for trout and salmon, and of course, anglers. But we also spend plenty of time in our finest attire in the halls of state and federal legislative buildings advocating for smart water policies, protecting public lands, and funding allocations to continue our on-the-ground efforts.
With Colorado’s legislative session about to ramp up, here is a look at some of the bills we are watching in the Centennial State and how we’ll play both offense and defense to advance our goals of conserving, protecting, and restoring our coldwater fisheries and their watersheds.
Extend Colorado’s Healthy Rivers Fund — This successful funding mechanism is set to expire, but we are looking to extend it for another 10 years. This is financed by the Colorado tax check-off program, which provides taxpayers the opportunity to contribute a portion of their tax refund or to make a donation on their state income tax return. These funds assist Colorado Trout Unlimited and other watershed-based groups in efforts to protect our land and water resources. It is administered through the Colorado Water Conservation Board in association with the Water Quality Control Division and the Colorado Watershed Assembly. Since 2003, this fund has raised over $1.1 million to fund more than 80 local watershed projects.
The bill will be introduced by Sen. Cleave Simpson and Rep. Donald Valdez. Colorado Trout Unlimited does not want to see this fund expire, so we are asking that it be approved for 10 more years.
State parks funding — Amidst the many restrictions over the past challenging year, we’ve seen more and more people turn to outdoor recreation as a safe outlet for enjoyment and to benefit their mental and physical health. While a growing appreciation for our outdoors means more allies in its defense, it also means growing pressure on public lands, including our state parks. To rise to that challenge, Colorado Parks and Wildlife is looking to expand its funding base to help support sustainable recreation management and development of new parks and opportunities to serve the growing demand.
Drawing from an example already in place in Montana with a 75 percent participation rate, legislation will be introduced to fold an annual state parks pass into vehicle registrations in Colorado. Those who don’t want the pass can opt-out, while the proposed fee level will be significantly less than the current annual pass rates for those who do obtain the pass. Parks passes for out-of-state visitors or those who decide to purchase after registering their vehicle will still be available for the current standard fee. While the per-pass revenue will be less, CPW anticipates a significant revenue boost due to a much larger volume of pass sales facilitated by the convenience of having passes folded into annual vehicle registration. CPW’s priorities for the funding include maintenance and expansion of state parks, search and rescue/outdoor education programs, and wildlife management both within and outside of state parks, with an emphasis on non-game species. CTU is supporting this effort as the new dollars will help meet our state’s growing demand for hiking, camping, fishing, and other outdoor recreation at Colorado’s 42 (with more to come!) state parks.
Recreational in-channel diversion — There will be a bill to streamline the RICD process to avoid the necessity of significant in-river construction for smaller projects and to broaden the definition of whom can apply for these diversions.
We will be watching this bill and helping our partners determine the best language to ensure a positive outcome for our constituents.
Budget defense — With the current pandemic, state budgets across the country have been pushed to the brink, and that is certainly no different in Colorado. While creative measures to find funds for imperative state needs must be pursued, CTU will defend against redirecting funds that are specifically dedicated to natural resources, such as those earned under Proposition DD from sports betting to help fund the Colorado Water Plan. Likewise, we will defend against budget cuts and furloughs at important state agencies like Colorado Parks and Wildlife that manage fish, wildlife, and habitat programs critical to our mission.
Of course, we’ll keep you updated throughout the course of the Colorado’s legislative session. If any of these particular items need assistance in terms of advocacy efforts like calling, emailing or Tweeting your elected official, we’ll be in touch.
STREAM Girls in 2020
STREAM Girls is a watershed education program created through a partnership between Girls Scouts of USA and Trout Unlimited with the goal of engaging elementary and middle school girls in STEM-based exploration. In addition to STREAM Girls getting its name from the focus on watersheds, STREAM also stands for Science, Technology, Recreation, Engineering, Art, and Math. The program is divided into eight activities highlighting each of these subjects. Girls learn about stream flow measurements, aquatic macroinvertebrate life, riparian habitats, and fly fishing throughout the program. Through inquiry-based learning, Girl Scouts get to know their local watersheds, develop new outdoor skills, and increase their understanding of real work applications of STEM.
After a successful year of hosting 6 STREAM Girls events in 2019, Colorado Trout Unlimited was excited to carry the momentum into 2020 with six more scheduled programs. Unfortunately, 2020 plans were stifled by the COVID-19 global pandemic. With public health orders restricting group size and concerns surrounding shared gear utilized during in-person programming, CTU shifted STREAM Girls to a virtual platform. To facilitate this transition, CTU staff and volunteers created several videos and sourced additional existing educational resources to support the STREAM Girls activities.
Over the course of fall, CTU hosted STREAM Girls programming through four virtual/self-guided events with the support of local Trout Unlimited chapters. The four STREAM Girls programs engaged 59 girl scouts from across Colorado. Beyond the Girl Scouts who received STREAM Girls patches, the virtual programming engaged entire families in getting outdoors to explore and learn about local watersheds.
To understand the efficacy and impact of the virtual STREAM Girls program, CTU asked Girls Scouts and their parents to complete a post-program survey. Colorado Trout Unlimited was pleased to have 100% of respondents note increased knowledge of their local watersheds, heightened interest in STEM-subjects, activities, and careers, desire to further develop fishing skills, and recommendation of the program to other girl scouts. Participants provided additional positive feedback, which included:
“This is a great program to introduce girls to fly-fishing and knowledge of local streams. It was a well-thought out, self-guided program that covered a great deal of information. We had a fun time doing all of the steps.”
“It is a wonderful break from our overwhelmingly electronic world! I thought it was a great way to introduce different aspects of stream science so that have it in their head as they are thinking about future endeavors.”
“It is a great activity to get outside and bond/enjoy the time with your girl.”
“A great way to get involved with your Girl Scout and learn as a family with specific detailed tasks to help you learn about rivers, fly fishing, etc.”
“It was really fun and would like to do it again in person. All the activities were awesome!”
A big THANK YOU goes out to Girls Scouts of Colorado, Pikes Peak Chapter, St. Vrain Anglers, Rocky Mountain Flycasters, Gunnison Gorge Anglers, Grand Valley Anglers, and all of the volunteers who helped support these events! Additionally, we would like to acknowledge Orvis, New Jersey Audubon, The Stroud Water Research Center, Arizona Department of Water Quality, and Arizona Game and Fish for allowing Colorado Trout Unlimited to use educational videos for STREAM Girls.
Colorado TU was the first to pilot and host virtual/self-guided STREAM Girls events across the country. CTU is proud to have shared our success and lessons learned with Trout Unlimited staff and volunteers
across the country. We look forward to further developing these resources to help support STREAM Girls events in the future!
By Geoff Elliott, CTU Youth Education Coordinator
Rocky Mountain PBS Announces “Water Week”
Rocky Mountain PBS Announces “Water Week” – A Collaboration of Communities Throughout Colorado to Elevate Conversations on Water
Rocky Mountain PBS (RPBS) will bring Colorado-based organizations and communities together for “Water Week”, an effort to provide resources and information to a broad statewide audience by convening conversations to share the diverse perspectives of Coloradans with respect to water.
“Water Week” features unique, historical and informational programming on RMPBS, along with digital resources, and events in communities across Colorado designed to connect experts, environmentalists and businesses to any of us who see water as an essential part of Colorado’s past and future.
“I think we’re going to see a much longer period of aridity and therefore, incredibly creative thinking that’s going to have to come about,” said Andy Mueller, General Manager for the Colorado River Water Conservation District. “It doesn’t spell the end of civilization in the southwestern United States. What it means though is our civilization’s going to have to transform.”
“One year ago, RMPBS organized a statewide listening tour and engaged local advisory committees to better understand which topics are most important to their communities,” states Amanda Mountain, President & CEO for Rocky Mountain Public Media. “Water repeatedly surfaced as both an historic and contemporary issue, which led us to invest in programming and partnerships to continue these conversations around this critical topic.”
Colorado’s statewide water plan prescribes that conversations about water play a role in shaping our shared future in the state and in the broader West. We asked over 40 water experts to provide feedback to RMPBS about how public media can engage those who are not otherwise actively involved in the topic, as well as how best to expand the number of perspectives represented in critical conversations.
“Water Week” includes RMPBS hosted events across Colorado that are free to local communities:
Come enjoy whiskey and beer tastings, and experience the *NEW* one-hour special, Colorado Experience: Western Water and Power.
Feb 25, 6pm
Colorado Springs: ALMAGRE Venue + Bar
Whiskey Tasting, Colorado Experience: Western Water and Power *full screening*, water information tables.
Partners: Business for Water Stewardship, ALMAGRE Venue + Bar, Sterling Ranch, Ax and the Oak.
Event details and RSVP
Feb 25, 6pm
Gunnison: Western State CO University, University Center Theatre
Colorado Experience: Western Water and Power reception, *full screening* and Q&A.
CO Office of Film (host)
Partners: Business for Water Stewardship; the Colorado Office of Film, Television & Media.
Event details
Feb 26, 6:30pm
Pueblo: Walter's Brewery & Taproom
Beer Tasting / SIZZLE Reel & Colorado Experience: Western Water and Power *promo*, information tables.
Partners: Business for Water Stewardship, Walter's Beer.
Event details and RSVP
Feb 26, 5:30pm
Grand Junction: Eureka! McConnell Science Museum (on CMU Campus)
Whiskey & beer tasting, SIZZLE Reel & Colorado Experience: Western Water and Power *promo*, exhibiting community partners.
Partners: Business for Water Stewardship, Eureka! McConnel Science Museum, Colorado River Water Conservation District, Ute Water, Audubon Rockies.
Event details and RSVP
Feb 26, 6pm
Durango: Fort Lewis College Ballroom
Colorado Experience: Western Water and Power *full screening*, reception with beer, panel discussion.
Partners: Four Corners Water Center, Business for Water Stewardship, Dolores Water Conservancy District; Southwestern Water Conservation District, City of Durango Utilities, US Bureau of Reclamation, Mountain Studies Institute, Water Information Program, H2org.
Event details and RSVP
Feb 26, 5:30pm
Montrose: Ute Indian Museum
Colorado Experience: Western Water and Power *full screening* and Q&A.
Partners: Business for Water Stewardship; the Colorado Office of Film, Television & Media.
Event details
Feb 27, 6pm
Denver: Sterling Ranch Community Center in Littleton
Beer tasting, Colorado Experience: Western Water and Power *full screening*, exhibiting community partners.
Partners: Business for Water Stewardship, Sterling Ranch Colorado, Audubon Rockies, Grist Brewery, For the Love of Colorado.
Event details and RSVP
Feb 28, 5pm
Durango: Powerhouse Science Center
Whiskey & beer tasting, exhibiting community partners (no Colorado Experience screening).
Partners: Business for Water Stewardship, Five Rivers Trout Unlimited, Beer2Clear, Steamworks Brewing Company, Carver Brewing Company, Honey House Distillery, Conservation Colorado, H2org.
Event details and RSVP
All “Water Week” event details for local communities can be found at www.rmpbs.org/events/waterweek/
“Water Week” programming on RMPBS begins on February 27th at 7pm with a new episode of Colorado Experience entitled “Western Water & Power”. This program visits the history of Western settlers who dreamed of deserts in bloom, where they chased the mirage of more water than the arid lands could provide. “Whiskey is for drinking and water is for fighting,” describes the urgent struggle every generation of Coloradans faces to control this fleeting but precious resource -- creating hydrodynamic history through structures that can propel water to run uphill toward money and power.
Immediately following at 8pm, Colorado Experience: “Living West – Water” will explore what happened to the Ancestral Pueblo people of Mesa Verde and Goodman Point. After settling in southwest Colorado for over 700 years, the ancestral Pueblo people suddenly left their cliff dwellings and spring-side kivas, leaving behind a variety of archaeological treasures. In this episode, historians and archaeologists discuss the possibility that this drastic move was caused by a devasting drought in the southwest region. Discover the similarities in historic conditions – and what the disappearance of water might mean for the state of Colorado today.
Continuing at 8:30 pm, Confluence tells the story of The Colorado River, which runs through the Western Slope, shaping both the landscape of the American Southwest and the people living near its waters. Confluence follows an up-and-coming indie folk band as they traverse this endangered river system, documenting its places and people through original music.
“Water Week” concludes its programming with “Arkansas River: From Leadville to Lamar” airing at 9:30pm. This program explores the economic and social importance of the river basin including its recreational, municipal, and agricultural value. By the year 2050, the population of Colorado is expected to double, but future growth and economic development hinges on a dependable water supply. In response, the state has developed a plan that will meet the needs of all water users. On RMPBS, come discover why the Arkansas River basin is an important part of that new water plan.
RMPBS wishes to thank all of the local community and statewide partners in supporting our mission of strengthening our civic fabric and convening important conversations that impact our state. Locally RMPBS has received support from the Bureau of Reclamation, Mountain Studies Institute, City of Durango Utilities, Southwest Water Conservation District, Dolores Water Conservancy District, Water Information Program, Powerhouse Science Center, Carver Brewing Company, Steamworks Brewing Company, Five Rivers Trout Unlimited, Beer2Clear, Honeyville’s Honey House Distillery, and the Four Corners Water Center at Fort Lewis College.
On Thursday February 27th RMPBS will also be hosting Carver’s Green Drinks from 5:00-6:45PM to talk about the events of Water Week.
For more information regarding “Water Week,” to RSVP to events, access resources, and learn how to get involved, visit the Rocky Mountain Public Media website at: rmpbs.org/events/waterweek/. The page includes a curated list of resources, and all Coloradans are invited to participate in a statewide survey on attitudes and knowledge are related to water.
Broadcast Schedule:
7pm - *NEW* Colorado Experience: Western Water---And Power
Ever since Western settlers dreamed of deserts in bloom, men have chased the mirage of more water than these arid lands can provide.
8pm - Colorado Experience: Living West - Water
What happened to the Puebloans of Mesa Verde and Crow Canyon? Historians discuss the possibility that this move might have been due to a drought in the Southwest region.
8:30pm - Confluence
The Colorado River shapes both the landscape of the American Southwest and the people living near its waters.
9:30pm - Arkansas River: From Leadville to Lamar
Arkansas River from Leadville to Lamar explores the economic and social importance of the river basin including its recreational, municipal, and agricultural value.
About Rocky Mountain Public Media
Rocky Mountain Public Media is Colorado’s largest statewide, member-supported, multimedia organization and the parent company of Rocky Mountain PBS, KUVO Jazz and THE DROP. Rocky Mountain Public Media has more than 90,000 members representing every county in Colorado and reaches 98% of the state’s citizens through television, radio and digital platforms. A non-commercial media organization by and for the people of Colorado, we create high quality local and multimedia content through Regional Innovation Centers in Denver, Colorado Springs, Durango, Grand Junction and Pueblo. Our enriching journalism, educational and cultural programming connects and engages citizens for lifelong impact. RMPBS, started in Denver in 1956 as Colorado's first public television station, is now a statewide television network, with stations in Denver (KRMA), Pueblo/Colorado Springs (KTSC), Steamboat Springs (KRMZ), Grand Junction (KRMJ) and Durango (KRMU). Visit us at www.rmpbs.org.
Contact: Debbie Higgs (970) 235- 8707 // debbiehiggs@rmpbs.org
Ballantine Media Center, 1000 Rim Drive
Durango, CO 81301
New, Colorado Water Plan Interactive Map
The water Coloradans use to drink, irrigate crops, recreate, and sustain our communities is water that we share with our rivers, streams, and lakes. But climate change and population growth are straining water supplies across our state. Colorado’s Water Plan provides a blueprint to ensure we can meet future demands while also keeping our rivers healthy and flowing. The Plan includes local projects that can help make our communities more sustainable, ensure safe drinking water for all Coloradans, help our economy thrive, and protect water resources and wild ecosystems for future generations.
In addition to the map, check out these short videos talking about the various water projects happening around the state and how the Colorado Water Plan made that possible.
Good Samaritan legislation: A solution for a vexing problem
The 2015 Gold King Mine waste water spill was an environmental disaster that began at the Gold King Mine near Silverton, Colorado, when Environmental Protection Agency personnel, along with workers for Environmental Restoration LLC, caused the release of toxic waste water into the Animas River watershed.
by Trout Unlimited (Trout Unlimited is the nation’s oldest and largest coldwater fisheries conservation organization, boasting more than 140,000 members. TU’s mission is to conserve, protect and restore North America's coldwater fisheries and their watersheds. Learn more at www.tu.org)
Pollution from mine sites (abandoned or active) fall into two categories: “Non-point sources” and “point-sources”. Non-point source sites are those without a specific point where the pollution discharges into waterways. These are commonly waste rock and tailings piles that cause contaminated soil runoff. Point-sources are those that have a specific source of water pollution discharge that you can, well, point to. In this instance, think of a mine portal bleeding orange, heavy metal-laden water; that’s a point source.
This is an important distinction because under the Clean Water Act (CWA), the EPA requires a discharge permit for all discharges of point source pollution. The effect is that third-party groups - “Good Samaritans” who have no legal responsibility or connection to an abandoned mine – who are interested in conducting a cleanup to address a point-source, draining abandoned mine would inherit permanent liability for a problem they didn’t create. Additionally, Good Samaritans would be required to hold a CWA pollution discharge permit and meet all applicable water quality standards as if they had created the pollution. In other words, the Clean Water Act treats polluters and Good Samaritans the same. There is no distinction in the law.
Because a draining mine is likely to drain forever, the entity performing the work at an abandoned site would be saddled with accountability for any remaining pollution and held liable as if they had created the pollution to begin with - even if their actions create measurable improvements in water quality. The existing legal framework is “all or nothing”. A cleanup project must result in 100% attainment of water quality standards – 99% isn’t good enough. This creates legal jeopardy for Good Samaritans who are unsure if 100% attainment is possible. This conundrum leaves the EPA as the only entity legally positioned to clean up leaking, abandoned mines. But, again, it is only through Superfund can this action occur.
Under current law, only the EPA can treat discharged mine water from abandoned mine sites. ‘Superfund’, or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) provides the legal authority and source of funding for the EPA to treat mine waste water from a point-source. But, mine sites are not the only toxic sites awaiting EPA Superfund cleanups. At present, there are over 1300 toxic chemical/pollution sites on the EPA’s Nation Priorities List (NPL) awaiting funding and attention, only a few of which are mine sites. Federal resources are limited for the EPA to conduct cleanups at Superfund sites and there is no dedicated funding source beyond the Congressional appropriations process. And, unfortunately, there are hundreds - if not thousands - of smaller, abandoned draining mine sites contaminating the environment that are not likely to qualify for a Superfund action. These are sites that Good Samaritans could take on to increase cleanup capacity beyond the back-logged and underfunded Superfund program.
After the Gold King mine spill in 2015, numerous Federal and State agencies placed a greater emphasis on quantifying the scope and scale of draining mines in Colorado. A study by the State Division of Reclamation Mining and Safety (DRMS) showed over 250 draining mines in Colorado with 148 likely degrading downstream water quality. With more frequent temperature fluctuations and population increases across Colorado, having clean water sources will become more important for future generations of Coloradans. The draft legislation discussed in previous summaries and below, will give qualified groups the opportunity to assist the EPA and federal agencies in addressing the cleanup of draining mines.
Good Samaritans would only be those private organizations and/or state agencies qualified to conduct cleanups who apply for, and receive, a new type of “Good Samaritan” permit from the EPA. At a minimum, permit applications would have to include: site description, parties to be involved in project, description of mine residue to be remediated, description of the expertise of the Good Samaritan and resources available to successfully implement the project, baseline environmental conditions, comprehensive remediation plan, monitoring plan, engineering plans, contractors, work schedule, health and safety plan, contingency plans, project budget, proof of financial resources and an operation and maintenance plan. Permits would only be issued after a public hearing and comment period, and only if the Good Samaritan meet requirements to the satisfaction of the EPA and applicable regulations.
Funding for Good Samaritan projects would come from a variety of private and public sources, including both state and federal dollars depending on site locations. Grants and foundation money could also be utilized to fund these types of cleanups that would take on a true collaboration of all project partners and interest groups in the surrounding area.
If the EPA chooses to issue a permit for an abandoned mine cleanup, a Good Samaritan would not be required to hold a traditional CWA pollution discharge permit. And, they would be shielded from lawsuits if 100% attainment of water quality standards are not achieved. The EPA would instead hold the Good Samaritan to the requirements and terms of the permit. And, in the unlikely event that a Good Samaritans violates the terms of the permit, and the violation leads to a reduction in water quality or environmental conditions below baseline levels, then the EPA is authorized to require the Good Samaritan to return the site to baseline conditions or face fines, bond forfeiture and permit revocation.
Good Samaritan legislation is being proposed by conservation organizations such as Trout Unlimited who want to conduct Good Samaritan cleanup projects, but are prevented from doing so under current laws. Under existing laws, there are three primary disincentives to Good Samaritan cleanups. They are: 1) It is not feasible to improve water quality to meet high Clean Water Act standards, even though there would be measurable water quality improvements. 2) The Good Samaritan would be permanently liable for pollution they didn’t create. 3) The threat of being sued under “citizen suit” provisions of the Clean Water Act if a project does not attain 100% of water quality standards for any given criterion - again, even if there is a measurable improvement in water quality.
Without Good Samaritan legislation, abandoned mines sites throughout the West that are not qualifying candidates for Superfund will continue to drain pollution every single day without a legal mechanism to begin addressing the problem. Under CERCLA, these sites are not candidates for Superfund projects and therefore the EPA does not have the funding or authority to clean them up. By passing Good Samaritan legislation, state agencies and private organizations can fill in this gap and help take-on cleanups that would yield cleaner water to the benefit every water user downstream.
The current draft proposal is for a pilot program that would terminate after 15 projects or 7 years, whichever comes first. After which, Congress would either let the program expire or pass legislation to continue the program. This will allow for the concept to be proved-up and show that Good Samaritan mine cleanups are effective before making permanent changes to federal law.
In the end, Good Samaritan proponents believe any improvement to water quality, over any period of time, is better than none at all.
January Newsletter: Currents
New year, new us?
The new year can be a time of reflection and reawakening. This past year, CTU celebrated it’s 50th anniversary and reflected on the organization’s past accomplishments for Colorado’s rivers and trout. Now, with the new year and start of a new decade, we are looking forward with an eye towards growth. National Trout Unlimited is calling the 2020s a decade of recovery. “Whether its good for our health, our souls, or the rivers and streams we love, let’s make the 2020s a decade of recovery,” wrote Chris Wood, CEO of TU.
At CTU, we recognize that our past and future accomplishments rely on all of you who help us meet our mission to conserve, protect, and restore. In this next year and beyond, we aspire to create a more diverse and collaborative environment that will expand our mission to new audiences and include every stakeholder when it comes to clean water, healthy fisheries and access to public lands. We've been making a difference for trout for over 50 years - but with your help, we are just getting started.
Behind the Fin with Sinjin and Rick
Rick Matsumoto and Sinjin Eberle. This was taken at Rendezvous 2013 when Sinjin officially turned over the presidency to Rick.
Editor’s Note: Somewhat embarrassingly, we’ve managed to produce over 30 BTF posts without interviewing Sinjin Eberle or Rick Matsumoto. They were back-to-back Presidents of Colorado TU from 2010 to 2015. The organization was highly effective during this timespan in part because they led Colorado TU as a team. We’re making it up to Sinjin and Rick with this special edition of Behind The Fin in which we talk to both at the same time and learn about what made them such a good team.
BTF: Let’s start by getting some of the basics out of the way. You guys were good friends before you became involved with TU, but bonded over river conservation, right? Tell me about how you first got involved with Colorado TU.
Sinjin: That’s right, we met playing volleyball at the Denver Athletic Club and got to be good friends playing local tournaments. But I had been on CTU’s board at least a few years before that. I was recruited by Sharon Lance at a Denver TU meeting. I think she was the council VP at the time.
Rick: We bonded more because of our competitive spirit than river conservation. I’m probably not supposed to say that in an interview for CTU, but it’s true. We pushed each other to compete, and had a great time doing it. River conservation came later. I think I was just coming off a long volunteer stint with the Alumni Association of the University of Michigan.
Sinjin: Oh, here it comes. Rick: Go Blue!
Sinjin: And there it is.
Rick: He’s jealous. Anyway, I was looking for another volunteer opportunity. It just happened to be right about the time Sinjin was getting started with the Buffalo Peaks project.
Sinjin led the Buffalo Peaks Ranch Restoration Project, restoring a key section of the Middle Fork of the South Platte River in 2008. This picture, taken in August 2019, shows how beautifully the area has matured since the restoration. It provides some of the best publicly-accessible fishing in South Park.
BTF: At the time, the Buffalo Peaks Ranch Restoration Project was the largest restoration project CTU had ever done. How did you decide to take on such a large project?
Sinjin: Certainly, the bigger the project the greater the risk. But the board is pretty good about evaluating projects, both in terms of conservation value and financial risk. As I recall, our confidence was high because of the parties involved - the Colorado Division of Wildlife, City of Aurora, Park County, and a private landowner. And I wanted to take it on because it was ambitious. If I’m going to volunteer my time, pull in others like Rick to volunteer their time, then let’s make sure it’s for a good reason. Let’s work on the things that are the most impactful.
Rick: There’s that competitive spirit I was talking about. As a first-time volunteer, I really appreciated that I was working on something that made a tangible difference. Too often, volunteers are tasked with bringing food or producing a newsletter or washing cars. Don’t get me wrong, it all has to be done, but I really enjoyed being outdoors, busting my ass, working with others who felt the same way, on a section of river I could visit for years to come.
BTF: So that’s what prompted you to join the CTU board?
Rick: Not exactly. I think I could have worked on CTU projects without joining the board and been content. The late Charlie Meyers, whom I first met at Buffalo Peaks, inspired me to make a difference. But Sinjin gets most of the credit, or blame depending on who you ask. I still remember a night at Sinjin’s house with Tom Jones…
Sinjin: Tom was the National Leadership Council Rep at the time, and a board member that I viewed as a trusted mentor. Many think of these years as the “Sinjin and Rick” years, but Tom was the NLC Rep for both of us. He was really the voice of reason that kept us in line.
Rick: Most of the time. We probably should have asked him about that video we posted of a bulldozer in the river.
Sinjin: Yeah, he wouldn’t have approved.
Rick: We were sitting at Sinjin’s dining table. I think Tom was drinking whiskey and I was drinking scotch. I’m not sure what Sinjin had, a Moscow Mule?
Sinjin: Sounds about right.
Rick: We talked for hours about Sinjin’s upcoming term as President. It was generally about how Sinjin felt we could bring a different approach with a different energy. I remember leaving his house thinking about his vision, how I as VP was going to help, how great it was to be able to lean on Tom for advice. Honestly, I didn’t know much about David Nickum or the other board members or the history of the organization, but I was pretty sure we were going to kick ass!
Sinjin: That was really the starting point of our next five years. Nobody explicitly said “this is our five year plan,” but we were all on the same page about how we wanted to operate and so we never thought twice about projects that might take several years to complete.
BTF: Give me an example of one of those longer projects.
Sinjin: The Roan Plateau is what first comes to mind. I only had a small part in getting it done, Nickum and Ken Neubecker deserve most of the credit, but our persistence in protecting the Roan Plateau is the thing I think about with the most pride. Especially now, when oil and gas issues are overwhelming our public lands, our work to protect that little slice of wildness is really satisfying. It took nearly a decade for all of the litigation to play out. Grand Valley Anglers was fighting oil and gas leases on the Roan before I became President and the final settlement happened after Rick was done being President, but we had several milestone victories in between because of CTU’s strong and consistent voice during both our terms.
Rick: Absolutely. The other project that comes to mind for me is the Protect Our Rivers license plate. The board didn’t even want to take it on because it had been tried before and failed. I thought, “fine, then you can watch while I do it.”
Sinjin: I had your back.
Rick: Totally. And so I did the research, got Nick at Sage Lion Media to design the plate, created the petition, got the signatures, we drafted the bill. I remember Jen [Boulton, Legislative Liaison for CTU] saying it was looking good, and then it just blew up in our faces. For some reason, the chair of the House Ag Committee shot the bill down. That was the legislative session of 2011.
Sinjin: You’re just pointing out it failed during my presidency.
Rick: Well, it did! It was really disappointing, but then the political landscape changed and we did it all over again with SB13-224. I still remember the bill number! It succeeded, during my presidency of course, but only because Sinjin had my back two years earlier. The plate went into production in 2014 and we just recently passed 3,000 plates sold. My wife and I still point out the plates and smile when we see them on the road.
Rick led the initiative to establish the Protect Our Rivers license plate. Over 3,000 have been purchased since the plate first went into production in 2014, making it a permanent offering in Colorado.
Sinjin: Rick hates to lose and in this case it drove him to persevere. I knew he would get it done. Tom and I used to call him the “hit man” because we knew we could give him an assignment and send him on his way. We didn’t have to tell him how to do anything, it would just get done.
Rick: I prefer “ninja.”
BTF: I’m seeing why you two worked so well together. Would you say these bigger, longer projects really defined your presidencies?
Sinjin: Maybe in the big picture that’s true. CTU is celebrating its 50th anniversary this year, so it’s natural to look back and highlight the major achievements. But there were major achievements in every presidency, not just mine or Rick’s.
Rick: Right, I think if we’re talking about Sinjin and me together, and I’d include Tom as the mentor for both of us, we’d rather be known as the people that made some fundamental changes in the way CTU operated, and that those changes facilitated a lot of positive things happening during our five years. Some of those things were the Roan settlement and the license plate, but there were plenty of other things too.
Tom, Sinjin, and Rick at Colorado TU’s 50th Anniversary Celebration. Governor Polis kicked off the event by declaring October 15, 2019 Colorado Trout Unlimited Day.
Sinjin: Agreed. There were actually several minor victories on the Roan before the final settlement, we did the “Don’t Suck” campaign for the Upper Colorado, we created a new chapter in the Dolores River Anglers, we led the collaborative effort with Sportsmen’s Conservation and Western Water Project to hire a fundraising director...
Rick: Without the “One TU” meetings, which you created, the fundraising director would not have happened.
Sinjin: And with that fundraising director, Chris Herrman, we introduced the River Stewardship Council and made that a huge financial success.
BTF: You were both founding donors, right? And I see you are both Life Members of TU.
Sinjin: Yes, with Michael McGoldrick, Jay Boak, a few others. It was important for us to lead by example and we were fortunate enough to have the personal financial means.
Rick: Don’t forget 1% for Rivers. You got that deal done with Henry Wood at Upslope Brewing. I love seeing that logo on their Craft Lager label.
Sinjin: And you turned it into a larger corporate sponsorship program that pulled in many others, even that car wash in Highlands Ranch!
Rick: You also deserve credit for bringing the Greenbacks into the fold. You managed Nick Hoover through some rough waters, but it was an innovative approach that got a lot of attention at National TU.
Sinjin: That, I think, we can take credit for as something that was far more likely to happen with you or me at the helm. I mean the whole reason the Greenbacks came to be in the first place was because a younger, more hip group of conservation-minded people felt like TU was becoming an “old, white man’s fishing club.” We at least didn’t look like the part.
BTF: Okay, so those are all things you achieved during your presidencies…
Sinjin: Things that the organization achieved while we were presidents - I think it’s important to recognize how everyone was rowing together.
BTF: Right, but with you sitting at the front of the boat. I wanted to ask about something you said earlier, Rick, about changing the way the organization operated.
Rick: I’ve had a long career in operations, so I naturally see ways to make things more efficient or effective, sometimes both. Sinjin and I spent a lot of time in cars, driving to and from chapter and council meetings, talking about ways to do things better. For example, we made an effort to apply Robert’s Rules of Order to board meetings. Honestly, we didn’t like some of the formalities, but we needed a way to streamline the board’s tendency to have lengthy discussions that didn’t drive toward decisions. It didn’t really make the meetings any shorter, but it did make them more productive.
Sinjin: I remember now one of the first things Rick did was take control of Rendezvous. He put together a planning committee and ran weekly meetings to keep people on task. He lined up strong speakers and forced them to deliver presentations in advance, produced a slick binder and name tags, held all of us to a schedule that included time for socializing. It totally rejuvenated Rendezvous. In fact, several National TU staff made a point of attending the following year and they weren’t shy about saying it was the best council event in the country.
Rick: The planning committee gets the credit and you’re the one who got sponsors to pay for the binders and name tags. But yes, I’m proud to have created a stronger process that CTU was able to carry forward even after our presidencies were done. Sinjin did a lot of this type of fundraising work, where I think I did more in the area of non-profit governance. When you put it all together, I think it meant the business side of CTU ran a little more smoothly.
Sinjin: And when you’re confident that the business side is humming along, it allows you to flex your muscles on the conservation side. CTU has always had a great deal of conservation-related expertise and passion in its board. That expertise and passion just comes through stronger when the organization is operating efficiently.
BTF: Since this is a Behind the Fin interview, I’d be remiss if I didn’t ask for a fishing story or two.
Sinjin: Superfly!
Rick: Yeah, we competed in a few Superfly tournaments.
Rick and Sinjin working the Gunnison River in the 2010 Superfly tournament.
Sinjin: Rick was so mad one year he didn’t say a word to me the entire drive back!
Rick: That was the day I decided to dramatically raise my fishing game. And I did get a lot better, and it showed in the next Superfly.
BTF: But you didn’t win?
Sinjin: Nope, I think I was the weak link that year, but Superfly is mostly about drawing the right beats. Skill plays a role too, but there was one year where everybody on the Taylor River did dramatically better than everyone else.
Rick: Speaking of the Taylor…
Sinjin: Oh yeah. We stopped at the “Hog Farm” one time, that stretch of the Taylor just below the dam. Rick hooked the hog of all hogs, got it to shore, but … it made a last ditch run and got away before I could net it.
Rick: He’s leaving out the part where he snapped my tippet with his net. It looked like he was trying to club the fish rather than land it. Complete spaz, I will never forgive him for that one.
BTF: Okay, we’re in the home stretch now. Sinjin, I wanted to hear a little bit about your work at American Rivers. It’s obviously very relevant to our work at Colorado TU and I think it gives you some interesting perspective.
Sinjin: Well, I’m the Communications Director for the Colorado Basin, handling all of our marketing, communications, and outreach. Mostly, I work with a trio of conservation campaigns: the Colorado Water Plan, the Arizona Water Sustainability campaign, and the Upper Basin Demand Management program. I also run American Rivers’ Grand Canyon campaign, which was instrumental in stopping the plan to build an aerial tramway into the heart of the canyon and limiting the expansion of the town of Tusayan.
BTF: Great, it sounds like there are similarities with the types of things CTU would be involved in. Is that what attracted you to American Rivers, just doing it for a larger geography?
Sinjin: Sure, but CTU is a much stronger grassroots organization where American Rivers is more communications- and policy-oriented. It’s that emphasis on communications that prompted me to get into filmmaking. Over the past four years, I’ve created, directed, or produced over a dozen short films. I’m having a great time making character-driven films that deliver a powerful message about river conservation. The Important Places, won several awards and generated over a million online views, so I have a lot of freedom and support to do more of this kind of work.
Rick: I think it’s super smart. I mean, the movie was great, but I’m referring to the strategy of telling these stories about people who are impacted by conservation issues without even using the “conservation” word.
BTF: That sounds controversial, almost counter intuitive.
Sinjin: I hate to say it, but films about conservation just aren’t as interesting as films about people. My latest film, Sonora Rising, is about the circular economy of water, through wheat, flour, and bread in Tucson, Arizona. The idea is to broaden our reach by making something good enough to get into film festivals. Shoot, if you get into the Wild and Scenic Film Festival, the winning films are shown on a 175-city tour. And that’s in addition to online views through YouTube and Vimeo. We’re getting a strong conservation message out to a lot of people. It’s very, very satisfying work.
Rick: And there’s that competitive spirit again. There’s no shame in pushing yourself and those around to do excellent work out of a desire to make something better. Winning film awards or council awards - Colorado TU won the State Council Award for Excellence in 2014 I think - is great, but it’s a byproduct of just consistently working hard to get better.
BTF: Good segue back to TU. One of the questions we like to ask, and this really is the last question for each of you, what advice would you have for current TU members?
Rick and Sinjin, attending the Silver Trout Award presentation at Rendezvous 2017. This distinguished award is given to individuals whose conservation work for Colorado Rivers has made a significant and lasting impact. Both are Silver Trout Award Winners.
Sinjin: My advice is to go all in, and commit to something bigger than yourself. What do you have to lose? It’s so easy to be complacent about and intimidated by the giant array of challenges facing our environment, to just throw up your hands in defeat. But the joy and inspiration the outdoors provides is worth putting forth our best efforts. Even with a small commitment of effort, we can have a real impact. Money and fame and more fly rods are all nice, but the satisfaction of knowing that you were part of protecting a place, or even better, inspiring others to give back to the landscapes we care about is like a multiplier effect for the world. Activism doesn’t have to be some dopey, granola-crunching, tree-hugger aspiration – our rivers and streams, and by extension our public lands, need our voices or they are going to be gone. What better place to spend your hard-earned time and efforts than that? Do something. Write your representative. Lean in to make change happen.
BTF: That’s tough to follow, but same question for you Rick.
Rick: Ha, it’s okay, those are the same inspiring words that brought me to Colorado TU a decade ago. Like Sinjin, I believe in “committing and going all in,” but there’s a big difference between joining the board of Colorado TU and going to a river clean-up event. I would tell members to take the initiative to be responsible for their own level of involvement. Don’t wait for someone to give you a menu of volunteer options. Go talk to other members, reach out to staff, ask chapter or council officers what they need help with. Find what’s right for you. Then commit and go all in! That’s how you control your effort, make sure you have a rewarding experience. I think Sinjin and I did an honest job of that when we first got involved. It really helped us get the most out of our time on the board, and give our best to the organization.
BTF: Great answers guys, and it’s been really fun talking with you. Thank you for taking the time to make this a truly special edition of Behind the Fin!
Celebrating the passing of the CORE Act through U.S. House of Representatives
Image credit: https://conservationco.org/
Excerpt from the Real Vail article.
Today, Trout Unlimited celebrates the Colorado Outdoor Recreation & Economy Act (CORE Act) passing through the U.S. House of Representatives and moving on to the U.S. Senate. This important legislation conserves more than 400,000 acres of public lands in the Centennial State, along with fish, wildlife and the traditional sportsmen’s values of Colorado’s Western Slope.
“Hunters and anglers across the state applaud the members of the House for passing this important legislation protecting our public lands and the vital fish and wildlife habitat they provide here in Colorado,” said Scott Willoughby, Colorado public lands coordinator for Trout Unlimited. “The CORE Act balances public access to fishing, hunting, and recreation in these special places with protection of pristine headwaters that support native trout populations. Following today’s vote, we look forward to working with the Colorado delegation to move this bill forward in the Senate.”
The four components of the CORE Act provide protection and improved access to public lands in western Colorado. It expands wilderness designations in the San Juan Mountains, increases fishing access and streamlines management of the Curecanti National Recreation Area and permanently protects the Thompson Divide from inappropriate oil and gas development. Lastly, it also establishes special management areas along the Continental Divide, including a first-of-its-kind National Historic Landscape honoring Colorado’s military legacy at Camp Hale where the 10th Mountain Division trained for winter combat in World War II.
Trout Unlimited members have long advocated for protection for these unique landscapes, including the Thompson Divide, where nearly half of the CORE Act’s protected lands provide a largely roadless refuge for numerous economically and ecologically important wildlife species, including native trout and large populations of elk and mule deer that require room to roam.
“Preserving wildlife connectivity and protecting our waters and lands is of utmost importance to sportsmen living in Colorado as well as those who travel here to take advantage of what these special areas offer,” Willoughby said. “Economic impacts from sportsmen are a big driver in Colorado, so ensuring more access and opportunities is critical to maintaining our recreation economy and the license revenue required by Colorado Parks and Wildlife for fish and wildlife management.”
A map of lands affected by the CORE Act in Colorado. (Handout from U.S. Rep. Joe Neguse and U.S. Sen. Michael Bennet)
Among the benefits of the CORE Act, the Curecanti Boundary Establishment Act promises to restore an additional 11.5 miles of public fishing access in the Gunnison River Basin due to an as-yet unfulfilled mitigation obligation from the U.S. Bureau of Reclamation dating back to the creation of Blue Mesa Reservoir and the surrounding Aspinall Unit in the late 1960s. Additionally, the San Juan Mountains Wilderness Act will benefit the San Miguel, Uncompahgre, and Animas watersheds, protecting 2.5 miles of Colorado River cutthroat trout habitat, which currently occupy less than 10 percent of their historic range.
“TU deeply appreciates Representative Neguse’s efforts and the strong support of Chairman Grijalva for enabling its passage, said Willoughby. “It is a true testament to Colorado’s commitment to investing in our treasured public lands and outdoor recreation economy.”
