Gross Reservoir could double in size under plan

Environmentalists say project might deplete West Slope waterways

By Ryan Morgan (Contact) Sunday, June 15, 2008

Drew Peternell, director of the Boulder-based Colorado Water Project, is worried less about picnic tables and more about Western Slope streams that are already heavily taxed getting damaged by projects like this one.

He said his group hasn't taken a formal position on whether to oppose the project.

"Our biggest concern with this whole project is the additional depletions in streamflows that it will cause on the Western Slope," he said. "The rivers and streams in Grand County have really been hit hard by diversions to the Front Range."

http://www.dailycamera.com/news/2008/jun/15/reservoir-expansion-eyed-environmentalists-gross/

Western & Colorado Water Project Staff Notes

June 2008

TU and the other parties to the Colorado water court proceedings to quantify the Black Canyon reserved water right are engaged in mediation. The lawyers have reached agreement on a proposed decree. The parties’ principals are now reviewing. Relatedly, the Black Canyon experienced a peak flow in late May of 7500 cfs:

 http://www.telluridewatch.com/pages/full_story?article-Water-Agreement-to-Benefit-Black-Canyon-of-the-Gunnison%20=&page_label=news&id=85421-Water-Agreement-to-Benefit-Black-Canyon-of-the-Gunnison&widget=push&instance=secondary_stories_left_column&open

The San Luis Valley Irrigation District is considering an expansion of Rio Grande Reservoir. The district claims that the expansion would have benefits for stream flow. We are trying to coordinate opportunities to discuss the project with the district and to provide input on appropriate flow regimes:

http://www.rgwcd.org/Pages/Other%20Districts/San%20Luis%20Valley%20Irrigation%20District/Index.htm

The Bureau of Reclamation (BOR) has released its Environmental Impact Statement (EIS) on Colorado Springs’ Southern Delivery System (SDS). We have prepared draft comments on the EIS. We have also been discussing mitigation measures with the BOR and Colorado Springs: http://www.sdseis.com/

Northern has announced that the Draft EIS for Windy Gap Firming Project (WGFP) will be released by the end of June. The project would increase upper Colorado River diversions, impacting a Gold Medal trout fishery reach of the stream that has already deteriorated due to years of transmountain diversions:

 http://www.ncwcd.org/project_features/wgp_firming.asp

Phase II of the Grand County Streamflow Management Plan study has been released. The study, commissioned by the county affected by upper Colorado River transmountain diversions, recommends flows needed for fish, recreation, channel maintenance and in-basin water use within the county. The study will assist evaluation of impacts of new water development projects as well measuring impacts of existing projects and changes in project operation.

We are involved in upper Colorado River negotiations in an effort to develop a flow management plan that protects “outstanding remarkable values” (including fishing and recreation boating) in the Colorado from Kremmling to Glenwood Springs. Bureau of Land Management (BLM) is considering this stretch of the river for suitability under the Wild & Scenic Rivers Act (WSRA). A conceptual plan, outlining the elements of a final plan, will be submitted to BLM at the end of the month. Under the conceptual plan, the final plan would include minimum flows protective of the fisheries, as well as target flows for channel maintenance and recreation (kayaking, rafting, etc.). The plan would also identify “threats” to those flows and how those threats would be handled: www.rivers.gov/

We have been asked to testify before the Colorado Oil and Gas Conservation Commission regarding the need for a rule requiring stormwater control measures to protect streams from sediment and other contaminants associated with oil and gas development beyond the initial site construction phase. Stormwater discharges associated with oil and gas construction are already regulated by another state agency: http://oil-gas.state.co.us/

The triennial review hearing to update water quality standards and classifications for the Colorado River Basin (within Colorado) is scheduled for this month. This is the first basin where the interim temperature standards adopted last year will be considered for permanent adoption. After some hard work, looks like all temperature issues have been resolved; the final proposal is extremely favorable to protection of the most sensitive species (i.e., cutthroat and brook trout).

Water Agreement to Benefit Black Canyon of the Gunnison

by Watch Staff

Jun 09, 2008

The conservation groups involved in the federal case and the water rights negotiations include Environmental Defense Fund, High Country Citizens’ Alliance, National Parks Conservation Association, The Wilderness Society, Trout Unlimited, Western Colorado Congress, and Western Slope Environmental Resource Council, and Western Resource Advocates. “It has been a good example of what groups can do when they join together,” said Drew Peternell, Director of Trout Unlimited’s Colorado Water Project.

http://www.telluridewatch.com/pages/full_story?article-Water-Agreement-to-Benefit-Black-Canyon-of-the-Gunnison%20=&page_label=news&id=85421-Water-Agreement-to-Benefit-Black-Canyon-of-the-Gunnison&widget=push&instance=secondary_stories_left_column&open

New Law Requires Developers to Prove Adequate Water Supply

by Watch Staff

Jun 06, 2008

DENVER – On May 29, Colorado Governor Bill Ritter signed into law House Bill 1141 – a new law which will require developers of projects that contain more than 50 units prove the development will have an adequate water supply.

According to Drew Peternell, director of Trout Unlimited’s Colorado Water Project, housing developments that are built without adequately addressing water supply, the cost to homeowners and local governments can be enormous.

http://www.telluridewatch.com/pages/full_story?article-New-Law-Requires-Developers-to-Prove-Adequate-Water-Supply%20=&page_label=news&id=84686-New-Law-Requires-Developers-to-Prove-Adequate-Water-Supply&widget=push&instance=secondary_stories_left_column&open

TU's Western & Colorado Water Project Staff Notes

May 2008

We continue advocating for the state's effort to map non-consumptive water needs: http://ibcc.state.co.us/Process/Needs/NeedsAssessment/NonConsumptiveNeedsAssessment/.

We presented new Conservation Success Index (CSI) mapping on Colorado River Cutthroat Trout restoration opportunities in light of energy development and climate change at Colorado TU Council Rendezvous: http://tucsi.spatialdynamics.com/.

We worked with National TU staff and others to improve a last minute addition to the Farm Bill that would have waived all existing state and federal laws for farmers building reservoirs to capture surface flows across their lands during "exceptional drought." The provision still allows these farmers to get federal money to build such reservoirs, but it no longer waives all other legal requirements.

TU and the other parties to the Colorado water court proceedings to quantify the Black Canyon reserved water right are engaged in mediation. The court has stayed proceedings until June 6 to allow negotiations to continue. Simultaneously, we are urging the Bureau of Reclamation to take advantage of the above-average snow pack by making a large flushing flow release this spring: http://www.gjsentinel.com/search/content/news/opinion/stories/2008/05/04/050408_Peternell_col.html

We helped to draft legislation, HB1141, that would more closely tie land use development (growth) to sustainable water supplies. The bill created much debate, but passed the General Assembly and will be signed into law.

The Bureau of Reclamation (BOR) has released its Environmental Impact Study (EIS) on Colorado Springs’ Southern Delivery System. We will work on preparation of comments on the EIS and will be discussing mitigation measures with BOR and Colorado Springs: http://www.sdseis.com/

The Wild & Scenic workgroup in the Colorado River is progressing rapidly - we've developed plans to identify flows needed to protect values, including fisheries in the Colorado; also identified a number of potential ways to protect flows. We also submitted comments to San Juan Forest Service/BLM management plan revision, mostly dealing with Wild & Scenic river issues: www.rivers.gov/

We continue to participate in the Shared Vision Planning process surrounding Halligan Seaman and the Water Initiative Steering Committee of the Colorado Climate Project. For now this simply means attending the periodic meeting. As time permits we are also sitting in on some of the EIS-based meetings surrounding the Chatfield Reservoir expansion.

Three of the four bills we proposed to strengthen the instream flow program have passed into law. The legislation funds, for the first time, the state’s instream flow acquisition program and removes any risk that leasing water rights to the state for instream flow would result in a loss of the water right. The one bill that did not survive the legislative session would have created a tax credit for donating water to the instream flow program: http://www.cotrout.org/Conservation/Legislation/tabid/86/Default.aspx

We submitted responsive pre-hearing statements for the Colorado basin river standards hearing (mostly dealing with temperature). We are primarily concerned that cutthroat trout and waters where cutthroats are expected to occur were adequately protected.

In the past month, we have given presentations to four TU chapters and to CTU leadership at CTU’s annual meeting. We also gave a presentation to ORVIS guides in Crested Butte - talked about state-wide water supply issues (SWSI, roundtables, etc.) and a bit about oil & gas noncompliance - suggested ways they can help/be involved (e.g., participate in roundtables, report violations in remote places, educate clients, etc.)

PAWSD fees stir debate

Pagosa Springs Sun By Chuck McGuire

When another man questioned why PAWSD growth projections and anticipated Dry Gulch Reservoir costs were so much higher than those of the town or state, Schmidt explained that state growth projections over the past decade were off by 40 percent. He also discounted the accuracy of town and state reservoir studies, claiming they considered only the cost of building a new dam and not a related treatment plant and delivery systems.

Pagosa Realtor Mike Heraty asked why the PAWSD board seems unable to justify costs connected to developing Dry Gulch. He continued, by suggesting PAWSD “went around voters” while borrowing $11.2 million to buy land for the future impoundment.

As Wessels took offense to Heraty’s comments, then attempted to explain how voters will yet decide the eventual size and total cost of the reservoir, Heraty illustrated his frustration by leaving the room.

http://www.pagosasun.com/frontpage.htm#Anchor-PAWSD-47857

Especially this year, the Gunnison River deserves a spring cleaning

GJ Sentinel Guest Column from TU's Colorado Water Project Director, Drew Peternell: This spring, for the first time in more than a decade, the U.S. Bureau of Reclamation has an opportunity to provide the Gunnison River with a large flushing flow like those that occurred periodically prior to the construction of Blue Mesa, Morrow Point and Crystal reservoirs.

Thanks to the most significant snowpack in the Gunnison Basin in years, the bureau — the agency that manages the Aspinall Unit, as the three reservoirs are known — should have ample water to release a large flushing flow this spring to re-create more natural conditions downstream in the Gunnison River.

http://www.gjsentinel.com/search/content/news/opinion/stories/2008/05/04/050408_Peternell_col.html

Western & Colorado Water Project Staff Notes

April 2008

We worked with a National TU staffer on a terrific set of new CSI maps that look at Colorado cutthroat with an eye towards the strategies and costs of restoration in a warming environment full of energy development.

TU led a retreat of the environmental and recreational representatives to the water basin roundtables regarding the state's effort to identify the priority river reaches for environmental and recreational instream flow needs, and to quantify those needs.

We wrote yet another Rapanos presentation and helped counter some of the paranoid arguments of Colorado's water community against the Clean Water Restoration Act.

TU and the other parties to the Colorado water court proceedings to quantify the Black Canyon reserved water right are engaged in mediation. The court has stayed proceedings to allow negotiations to continue.

TU and others from the conservation community have helped to draft a bill that would that would more closely tie land use development (growth) to sustainable water supplies. The bill has created much debate. Chances of success are fair.

The Bureau of Reclamation (BOR) has released its Environmental Impact Statement (EIS) on Colorado Springs Southern Delivery System. TU will work on preparation of comments on the EIS and will be discussing mitigation measures with BOR and CO Springs. We met with the Pueblo Chapter to discuss the EIS and possible impacts to the local fishery.

We have been advocating for three bills to strengthen the instream flow program in the 2008 legislative session. One bill has passed and is headed to the governor for signature. The other bills are in the General Assembly process, but appear to have good chances for success.

We are continuing to try and make sense of the proposed temperature standards for the Colorado and Yampa River basins in preparation for the upcoming standard setting meeting.

TU continues to participate in the Rocky Mountain Climate Organization efforts to address the impacts of climate change will have on Colorado streams, and is following progress on a number of water supply projects.

TU staff spent much of the month preparing for and embarking on a trip to assess the Dolores River below McPhee Dam. Once a prized tail-water fishery, fishing in this stretch has been on the decline. The Dolores River Dialogue is eager to try and restore the fishery but unsure of the cause of the decline. Some hypotheses have been raised including decline in the invertebrate community, unspecified problems related to algae, and poor spawning habitat related to channel armoring. We worked with the Colorado Department of Wildlife to develop a study design that will help address this last hypothesis. During four days on the river, we conducted extensive surveys, set out sediment traps, painted rocks (really, this is science), and set up a transect to evaluate channel migration along a meander bend. We will return to the river after runoff and, with luck, will find some of the traps and painted rocks. In any event we will resurvey the reach to quantify any changes caused by the huge spill that is now underway.

Western & Colorado Water Project Staff Notes

 March 2008  Trout Unlimited spent more time working on high level Colorado water policy -- helping draft visioning documents for the state's water committee, as well as working with staff and colleagues on a letter to the state about its role in funding non-traditional water projects with partial state ownership of the water rights. 

We worked on producing some new Conservation Success Index type maps looking at restoration priorities based on projected climate change impacts as well as the costs of restoration for Colorado River cutthroats. 

We did yet another talk on Rapanos, the US Supreme Court's decision that muddied the waters about the reach of the Clean Water Act. 

Staff wrote comments for TU to the committee overseeing potential water court reform in Colorado, and met with one of the state's water referees who is helping TU by asking the same kind of questions we do for water rights applications where there are no opposers. 

TU and the other parties to the Colorado water court proceedings to quantify the Black Canyon reserved water right are engaged in mediation. The court has stayed proceedings until April to allow negotiations to continue. 

TU and others from the conservation community have helped to draft a bill that would that would more closely tie land use development (growth) to sustainable water supplies. 

The Bureau of Reclamation (BOR) has released its Environmental Impact Statement (EIS) on Colorado Springs Southern Delivery System. The Water Project is working on preparation of comments on the EIS and will be discussing mitigation measures with BOR and Colorado Springs. 

We have been advocating for three bills to strengthen the instream flow program in the 2008 legislative session. The bills are in the General Assembly process. 

TU brought five Instream Flow (ISF) recommendations to the Colorado Water Conservation Board’s Instream Flow workshop. These were offered in cooperation with the Colorado Department of Wildlife (CDOW) and represent beginning of a year-long process that, hopefully, will end with ISF appropriations.  

We are cooperating with the Dolores River Dialogue and the Colorado Division of Wildlife to look at the potential for doing some in channel restoration on the Dolores River below McPhee. Water Project staff and the CDOW are going to collect some pre- and post-spill data on sediments and channel morphometry to determine whether or not the extensive armoring can be reduced with substantial floods alone.

$1M earmarked for environmental protection

"We think it's hugely important. We don't think the program can continue to rely on donations," said Drew Peternell with Trout Unlimited. "A junior appropriation is a fine tool for protecting the status quo, but a junior right can't put water back into a stream that's already been appropriated." http://durangoherald.com/asp-bin/article_generation.asp?article_type=news&article_path=/news/08/news080313_6.htm