Matt Clark, Backcountry Coordinator, Western Water Project and SCP

I grew up on a farm and ranch in SW Colorado. From a very young age, playing and working on the land was most of what I did. Growing up outside, and with a family that instilled an appreciation for all of our environment and our duty to work with, not against nature, is one of the big things that led me to conservation work and to TU. I didn’t become immersed in hunting and angling until after college, but when I did, it quickly became my favorite excuse to be outside. Spending days in the wilderness chasing elk and eating brookies for breakfast (catch and release is a great and necessary thing but about half my fishing these days is targeting brook trout in cutthroat waters and enjoying them with bacon and eggs) was the second thing that led me to Trout Unlimited. I represent TU for both the Sportsman’s Conservation Project on land protection, planning, and policy, as well as the Western Water Project implementing on the ground conservation projects with landowners and on public lands in collaboration with our local chapter, the Dolores River Anglers. Working across TU program areas, serving on the board of our chapter since I started with TU six years ago, and having been fortunate enough to work closely with CTU, has given me a deep appreciation of how much our organization, how much we all collectively, are accomplishing for fisheries and watersheds across the state.

Here are some current highlights illustrating what this means in my neck of the woods. In the on the ground category, there is a large cobble push up dam the spans the Dolores River for about 9 months of the year (the other three it’s blown out by spring high flows, after words it’s rebuilt to work as a diversion for the rest of the summer and fall), blocking fish passage both up and down stream because the cobble is so porous water flows through it, not over it. Working closely with the landowner, the NRCS, and the Forest Service (because the diversion happens to be on federal land), we are replacing the push up dam with a series of large rock cross vanes that will provide fish and boat passage and reliable and maintenance free access to the ranch’s water right. A win-win situation for everyone involved.

The policy and protection side has seen us working successfully for stream and riparian area setbacks and No Surface Occupancy stipulations to protect winter elk habitat on the San Juan National Forest and adjacent BLM lands. Currently we are diving into Travel Management Planning in the upper Dolores River watershed. The previously release plan failed to adequately analyze and account for impacts to fish and wildlife and was successfully appealed by a coalition of TU and other conservation organizations. We are now working with the Forest Service to help ensure a good conservation outcome this time around.

The common thread of needing the land and it’s resources both for enjoyment and sanity, as well as survival, was not lost on our forefathers. Leaders such as Teddy Roosevelt and Aldo Leopold helped point the way toward living appropriately on the land and the work that TU and it’s members do day in and out is building on that legacy. I look forward to continuing to work with you on projects and ideas large and small. If you have any questions or thoughts, please get in touch with me.

--- Matt Clark, Backcountry Coordinator, Western Water Project and SCP mclark@tu.org, 970-799-0274

EPA, Corps propose new rule to protect water quality

The Environmental Protection Agency and US Army Corps of Engineers today announced a new proposed rule that would help ensure protection for many Colorado streams whose status - as protected or not protected under the Clean Water Act - has been in doubt since two troubling Supreme Court decisions upset long-standing definitions for what constituted "Waters of the United States".  As many as 76,000 miles of stream in Colorado - 75% of our total, including most headwater areas - were facing an uncertain future. We are in the process of reviewing the guidance, but it appears that most of these will be protected under the proposed rule.  Below is the notice we received from EPA's regional office describing the proposal:

Dear Region 8 Clean Water Stakeholder:

I am sending this message on behalf of Regional Administrator Shaun McGrath.  The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Army Corps) today jointly released a proposed rule to clarify protection under the Clean Water Act for streams and wetlands that form the foundation of the nation’s water resources. The Clean Water Act is the nation’s foremost water quality and wetland protection law.  The clarifications in the proposed rule will benefit industry, business, and government by increasing clarity and efficiency in determining coverage of the Clean Water Act.

Determining Clean Water Act jurisdiction over streams and wetlands became confusing and complex following Supreme Court decisions in 2001 and 2006. For nearly a decade, members of Congress, state and local officials, industry, agriculture, environmental groups, and the public asked for a rulemaking to provide clarity.  

The proposed rule does not protect any new types of waters that have not historically been covered under the Clean Water Act and is consistent with the Supreme Court’s more narrow reading of Clean Water Act jurisdiction.

The proposed rule preserves the Clean Water Act exemptions and exclusions for agriculture. Additionally, EPA and the Army Corps have coordinated with the U.S. Department of Agriculture (USDA) to develop an interpretive rule to ensure that 53 specific agricultural conservation practices that protect or improve water quality will not be subject to Clean Water Act Section 404 permitting requirements. The agencies will work together to implement these new exemptions and periodically review and update USDA’s Natural Resources Conservation Service (NRCS) conservation practice standards and activities that would qualify under the exemption.

The health of rivers, lakes, bays, and coastal waters depends on the streams and wetlands where they begin. Streams and wetlands provide many benefits to communities – they trap floodwaters, recharge groundwater supplies, remove pollution, and provide habitat for fish and wildlife. They are also economic drivers because of their role in fishing, hunting, agriculture, recreation, energy, and manufacturing.

About 60 percent of stream miles in the U.S (significantly higher in some Region 8 states) flow only seasonally or after rain, but have a major impact on the downstream waters. Approximately 117 million people – one in three Americans – get drinking water from public systems that rely in part on these streams. These are important waterways for which EPA and the Army Corps are clarifying protection.

The agencies are launching a robust outreach effort, holding discussions around the country and gathering input needed to shape a final rule. The proposed rule will be open for public comment for 90 days from the date of publication in the Federal Register.  We look forward hearing your views on this proposal.  Please find information about providing comment at: www.epa.gov/uswaters.

With respect to Region 8, the clarifications provided by this rule will lead to better protection of waters that are critical to the welfare of the people in our states of Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming.

• The proposed rule will provide direction on the application of the definition of “waters of the U.S.” to streams and adjacent wetlands in the upper reaches of watersheds where small tributaries may have only seasonal flow. When wetlands and headwater streams are filled or damaged, the risk of flooding increases, and drinking water supplies, wildlife habitat and recreation opportunities can be significantly impacted.
• The vast majority of the population in Region 8 is dependent on public drinking water systems that rely on high quality streams that do not flow year round. (Montana 67% of the population; 96% in Utah; 98% in Colorado and Wyoming; 100% in North and South Dakota).
• In Region 8, 77% of streams do not flow year round and wetlands make up only 2-3% of the land area, yet these streams and wetlands provide important habitat for wildlife and waterfowl, and harbor many plant species that could not survive in the surrounding terrestrial landscapes. For example, Colorado streams and wetlands provide habitat and benefits to an estimated 75% of the state’s wildlife and waterfowl.
• Flood events have recently led to significant economic losses, especially in Colorado and parts of the Northern Great Plains states. Wetlands act as sponges that filter and store water, alleviating the frequency and intensity of floods.

For more information visit www.epa.gov/uswaters.

CTU Thanks Rep Polis for Standing with Rivers

Today - March 13 - the US House of Representatives will be voting on HR 3189, the Water Rights Protection Act.  The bill originated as a response to Forest Service policy that required ski areas to transfer their snowmaking water rights to the US as a condition of their ski area permits.  Unfortunately, the actual legislation as passed by House Committee goes far beyond addressing that narrow issue - and would jeopardize important authorities for federal land managers to protect streamflows on National Forests and other public lands.  These "bypass flow" authorities ensure that minimum stream flows can be maintained below dams and diversions on pubilc lands. Colorado Congressman Jared Polis (2nd CD), whose district includes some of Colorado's most popular ski areas, was a cosponsor of HR3189, but in light of the threat the bill now poses to healthy rivers has withdrawn his support and plans to offer an amendment to narrow the bill to its original purpose - requiring the Forest Service to adopt a new policy for ski area water rights which does not require their ownership to be transferred to the US Government.

Colorado TU thanks Congressman Polis for standing with Colorado's rivers, and supporting common-sense, balanced solutions that help protect healthy waterways while meeting the needs of Colorado's ski industry.  Click here to see Colorado TU's letter to the Congressman.  If you live in the 2nd Congressional District, please take a moment to thank the Congressman for his leadership - you can email him by clicking here.

A Big Win for Fraser River

Sometimes, you get a win that brings home what it is we’re doing at TU, and that broadens your sense of what’s possible. The Fraser River in Colorado just got a new lease on life—and all of you that are part of Team TU made it happen.

This is one to celebrate.

It took a decade of hard work, persistence, and tough, complicated negotiations, but Trout Unlimited staff dug in for the long haul and—this week—announced a major deal with Denver Water and Grand County to secure a package of protections for the Fraser, a beautiful river beloved by generations of fly-fishermen and Coloradans.

This is a big, big win for Trout Unlimited and for river conservation in the West.  The Fraser is an outstanding wild trout river that has been hammered by years of diversions. Currently, Denver Water is taking about 60 percent of the natural flows of the Fraser, a key tributary of the Upper Colorado. They’ve proposed to take another 15 percent of the river through an expansion of their Moffat Tunnel diversion.

That would put the Fraser and its trout fishery on life support, unless the river received additional protections and mitigation to offset the potential impacts.

At times, the situation looked bleak. Denver Water and TU seemed far apart. But we stayed the course. Our members and supporters turned out for regulatory hearings and for public rallies in Denver. We laid the groundwork with science-based reports that proved the fishery needed more flows and restored habitat. We kept at the table with Denver Water, talking.

This victory is a great example of “One TU” teamwork—national staff, state council and grassroots working together. Mely Whiting of TU’s Colorado Water Project dogged this project for years, attending countless meetings, crunching mind-numbing technical data, and negotiating the shoals of the federal permitting process. Colorado Trout Unlimited council and staff, led by executive director David Nickum, helped at every step with negotiations and public education. Another TU strength—its local members—came through big time. Kirk Klancke, president of TU’s Colorado River Headwaters Chapter, spoke eloquently about the Fraser at every opportunity and spearheaded chapter-led restoration projects. (His passionate advocacy was the subject of a recent National Geographic profile online.) Other members showed up at key public meetings, at rallies to support the river, and submitted literally thousands of public comment letters to the federal agencies responsible for permitting the Moffat project.

Through these efforts, TU has secured a long-term agreement that, if adopted into the federal permit, holds the promise of a healthy Fraser River far into the future. Read the release for more details.

Of course, we didn’t do it alone.  Other conservation allies, local businesses and landowners including Devils Thumb Ranch, and the staff and elected officials of Grand County were incredible partners in achieving this victory – and will continue to be trusted partners as we tackle the long-term collaborative effort of protecting and restoring the Fraser basin. .

This is how TU gets things done--bringing a powerful grassroots voice to the cause, and working collaboratively to find pragmatic solutions.  And those efforts let us achieve our ultimate goal—saving our home waters and best places,.

Read the Mitigation and Enhancement Coordination Plan here:

Mitigation and Enhancement Coordination Plan.

Read Bob Berwyn's article on this landmark agreement in The Colorado Independent.

Colorado's Water Plan Needs to Hear from TU and YOU!!

The need for Colorado’s Water Plan has been coming for a long time. Colorado is one of the only states in the West that does not have a formal water plan. On May 14, 2013 Governor Hickenlooper issued an executive order directing the Colorado Water Conservation Board (CWCB) to commence work on the first ever Colorado Water Plan.  The plan is intended to help Colorado prepare for its water future. Specifically, Governor Hickenlooper ordered that the plan address the projected shortfall (aka “the gap”) between future water supply and demand and help Colorado reduce the practice of converting agricultural water rights to municipal water uses (aka “buy and dry”). A draft of the plan is due to the governor by the end of 2014. The final product is expected one year later. The CWCB has directed the public to comment on the water plan efforts via the nine Basin Roundtables. This is the route we must take to get our comments incorporated into each of the basin plans. The basin roundtables have been instructed to gather comments from the public and deliver their draft basin specific plan by July. In order for us to get comments incorporated into those basin specific plans we need to get to work quickly and have our comments to them before March 2014. Each of the basins are using the Statewide Water Supply Initiative (SWSI) report that they developed in 2010 as a starting point to develop their water plans. In this report the gaps, important water projects, supply needs etc. have been already identified in each basin.

Trout Unlimited has been working the past couple of months to develop an easy way for staff, board, chapters and members to provide comments on the water plan and have an opportunity to get the unified Trout Unlimited voice heard in each of the river basins. All 24 Chapters across Colorado have received the materials that they need in order to provide educated comments to each of their basins. If you would like more information about this effort or would like to receive the materials prepared please contact Stephanie Scott at sscott@tu.org. For more information from the State on the water plan, visit the website at www.coloradowaterplan.com.

Developing Colorado’s first ever water plan is not an easy task; however as a river conservation organization we could not let the opportunity pass to provide comments that would protect the fish and water that we as members need in our life in the future. We would love to hear comments from our members on what they would like to see incorporated into the plan.

Denver anglers step up to Defend the Colorado

Our state's namesake river, the Colorado, matters not just to west slope residents but to Denver-area anglers as well. So when Denver-area residents turned out in force for the Fly Fishing Film Tour (F3T) event hosted by our friends at Trout's last Saturday, it should come as no surprise that they gave back to protecting the Colorado. In partnership with the Orvis Company, Trout's raised more than $1500 for the Defend the Upper Colorado River campaign.  The evening was fun for all involved, with a great lineup of films and the chance to have a great time with other Denver-area fly fishers.  For those of you who live outside of the Denver region - if F3T comes to your area, you won't want to miss it!

With a Final Environmental Impact Statement expected in a matter of weeks on the proposal for expanded Denver Water diversions from the Colorado headwaters (in the Fraser watershed), now is a key time for all anglers to lend their support to the Colorado River.  You can help now by signing our petition to defend the Fraser - just click here.  If you've already signed, thank you - and please send the link on to your fishing buddies who can also lend their voice to the effort.

A big thank you from all of us at Colorado TU to Trout's, Orvis, the F3T, and all those who took part in another great event for your generous support for Defending the Colorado River.

Granby students win "Water Is Life" Mural and Art Challenge

Renowned muralist and conservationist Wyland announced today that Katrina Larson's art students at East Grand Middle School were named the grand prize winners of the National "Water Is Life" Classroom mural contest for grades 5-8. The  contest, inspired by the growing demands on U.S. water resources, took place Oct. 21-Nov. 21, and drew more than 9,000 students across 45 states. Participating students painted 50 square-foot murals depicting the range of habitats and uses for water throughout the United States. "America's water resources are among our greatest treasures," said Wyland, the artist whose pioneering marine life murals are seen by more than 1 billion people around the world every year. "Our coastal waters, rivers, and lakes support millions of people. But like anything they need our attention and art helps put that into focus."

As part of the national "Water Is Life" competition, the Wyland Foundation and its partners provided 300 schools with paint supplies, educational materials, and 50 square foot canvas murals to look at the economic, cultural and aesthetic value of American waters. Additional schools that participated created artworks on other surfaces - from sidewalks to school buildings. The contest encouraged students to study local and national water issues and work collaboratively. Winning classes receive $250 for art supplies, a signed Wyland artwork, and a chance for a live online painting lesson with Wyland

Twelve students at East Grand Middle Schools, ranging in grades from 6th-7th, worked on the mural entitled, "Save the Fraser River." Program organizers hope the process of interpreting water-based habitats through art will lead students to a greater understanding of their role as future caretakers of the resource.  An individual art contest for grades K-12 was also held concurrently. Details at wylandfoundation.org/artchallenge.

The National "Water Is Life" Classroom mural contest was presented in partnership with Fredrix Artist Canvas, Arts & Activities Magazine, National Van Lines, the US Forest Service, the Georgia Aquarium and Marco Fine Arts.

Check out the beautiful "Save the Fraser River" mural.

The Colorado River: Every drop must count

Water has literally shaped the West. It carved Colorado from red rock and shaped landmarks from the Rocky Mountains to the Grand Canyon to the Gulf of California. Water has etched green and fertile valleys into the desert and sustained generations of hardworking families throughout the Southwest. Water is what makes the West as we know it possible — from our ski resorts in places like Vail and Powderhorn to the orchards of Palisade to our cities like Gunnison and Steamboat Springs.

The Colorado River is healthy now, but make no mistake: the Centennial State and the six states downriver are on an unsustainable course.

As former Congressman Wayne Aspinall used to say, “In the West, when you touch water, you touch everything.”

Read the rest of Senator Udall's Guest Opinion in the Post Independent.

Our Colorado River - uniting West Slope water users

Last May, Gov. John Hickenlooper directed the Colorado Water Conservation Board to hand him a draft plan for managing the state’s water no later than Dec. 10, 2014. That’s a hefty order considering the plan has been in the works for at least a decade and the state is riffed with disagreement, especially between the Front Range – which is the most populous – and the Western Slope, which has most of the water. Progress is being made, however.

As the CWCB nears its deadline, Trout Unlimited, a non-profit conservation organization, is currently working to unite the Western Slope to ensure the region has a strong voice at the bargaining table. The group is asking governments to sign onto the Our Colorado River project, which outlines five “core values” that various stakeholders might agree upon.

“We’re trying to show unity and resolve on matters that have sometimes been points of contention between the agriculture and recreation communities,” said TU’s Colorado River Basin Outreach Coordinator Richard Van Gytenbeek. “By agreeing to these core values, we can provide a united focus on a common platform as we move toward the Colorado Water Plan, which is due in 2014.”

Read the rest of the article in the Vail Daily.

Learn more about TU's Our Colorado River campaign and sign on to the Core Values.

Still looking for water

Check out the newest Fraser video! Denver Water is taking more than 60 percent of the annual flows of the Fraser River--and the low flows are threatening prized fish and wildlife habitat on this tributary of the Upper Colorado. Our Homeless Trout is still looking for water in all the wrong places--go to www.defendthecolorado.org and tell Denver Water to leave a little H20 for the fish!