In South Park with Sen. Bennet

By Randy Scholfield South Park is something special. This vast open landscape in western Colorado once was prized hunting lands for the Ute Indians. Today, the area remains a favorite outdoors playground for Colorado hunters, anglers and recreationists as well as a critical source of water for the Denver metro area.

Trout Unlimited and partners are working to keep it that way.

TU, the National Wildlife Federation and Park County officials met last week with Sen. Michael Bennet, who was in South Park to learn more about the BLM’s Master Leasing Plan for the area—part of the agency’s new Planning 2.0 approach, which emphasizes gathering input from local stakeholders early on to avoid, as much as possible, oil and gas leasing controversies.

Over lunch in Fairplay, Bennet heard from the group how much South Park means to its residents, and to the Front Range.

County Commissioner Mark Dowaliby, who like many residents visited the area years ago and never left, noted that Park County is 60 percent public lands. And while the county is staunchly conservative, he said, residents feel strongly about conservation and protecting the area’s natural resources.

The Master Leasing Plan provides an opportunity for locals to give the BLM feedback on what kind of management and protections they’d like to see. In simple terms, an MLP is a zoning plan to help ensure that we conserve our outdoor heritage, protect water supplies, and see that oil and gas development takes place responsibly and in the right places. That includes deciding where drilling shouldn’t occur.

“South Park is a tremendous migratory area,” said Bill Dvorak, a local rafting outfitter, TU member and National Wildlife Federation organizer. The area is home to large herds of deer, elk, pronghorn and moose. “That’s why NWF got involved. We identified this area as a place that needed different rules” for oil and gas leasing.

“This is the backyard of the Front Range,” TU’s Tyler Baskfield told Sen. Bennet. “We have 54 miles of Gold Medal waters, including the Dream Stream and Spinney Mountain Reservoir—and it’s within an hour and a half of anywhere on the Front Range.” The area, he pointed out, is a “huge driver for hunting and fishing in the state.”

  Meeting in South Park: Bill Dvorak, Sen. Michael Bennet, TU's Tyler Baskfield

Indeed, South Park generates some $17 million a year in wildlife-related revenue, according to Colorado Parks and Wildlife. Moreover, Denver, Aurora and other Front Range communities depend on South Park reservoirs for more than one-third of their drinking water. That’s why Denver Water and other providers have supported the MLP process.

Sportsmen’s groups like TU and NWF aren’t opposed to responsible energy development. That said, they want drilling done right and carefully sited, because some natural areas are simply too valuable to develop.

South Park has proven underground oil and gas reserves, but the fields are fragmented and disjointed, making extraction more difficult. Still, the reserves are there, and they could be targeted in the future—all the more reason to put in place “smart from the start” rules that clarify what areas can be developed and how.

After the meeting, Sen. Bennet accepted the group’s invitation to do a little fishing on the Elevenmile stretch of the South Platte. While the fishing wasn’t on fire that afternoon, Sen. Bennet managed to land the one fish brought to net by the group—a nice brown trout. The senator called the Elevenmile canyon stretch “spectacular.”

Sen. Bennet fishing in Elevenmile Canyon stretch of South Platte: 'Spectacular' place

Asked what he is hearing from constituents while travelling the state, Sen. Bennet didn’t skip a beat, saying that Coloradans are tired of Washington, D.C.’s dysfunction: “They want us to work together to get something done.”

Maybe D.C. could learn something about the spirit of cooperation here in South Park. While it’s still getting started, the MLP already has prompted diverse local stakeholders, from ranchers to conservationists, to work together on key ideas for protecting public lands, including setbacks from Gold Medal streams and protection of critical game migration corridors, proving that collaboration is the key to solving public land management challenges.

Agency officials are expected to deliver the draft MLP for South Park this fall, which will then be open to further public input. We hope the BLM will stay on track to ensure this important process moves forward in a timely manner.

Thanks to Sen. Bennet for spending time in South Park and for championing the MLP’s collaborative, “smart from the start” approach. He clearly understands the value of South Park and the importance of balancing energy development with protection of our best wild places.

Randy Scholfield is TU’s director of communications for the Southwest region.

We Are Public Lands

A note from Chris Wood, CEO of Trout Unlimited:

This is not a dispassionate report.

The threat of losing our public lands looms large. That threat grows, passing like wildfire through halls of Congress and state capitols, spreading its invasive rhetoric in our communities. People with soft hands and expensive suits tell us

“It’s just transfer. It’s not like we’re selling them.”

It’s not just transfer. And it is a big deal.

The truth is that the distance between the effort to “transfer” public lands and to sell them is very short. Many of the states that would manage these lands have already sold significant portions of their formerly public state land to the highest seller. And we, as a country, have nothing to gain by such actions.

We have nothing to gain. And everything to lose.

Public lands are for anglers, hunters, hikers, campers, backpackers, energy producers, mountain climbers, berry pickers, ranchers, horse packers, birders, timber operators, miners, snowmobilers, ATVer’s, mountain bikers.

Nature’s enthusiasts. Advocates of open space and the guardians of our right to use it.

We are public lands. Public lands are our birthright as American citizens. And we will not give them up.

Statistics make the point. More than 70 percent of hunters use public lands in the West. Nearly 70 percent of native trout strongholds are on public lands. A growing majority of hunters and anglers oppose the sale of public lands.

Public lands create strongholds of important fish and wildlife habitat. Public lands provide important sources of clean water for tens of millions of people. Public lands are some of the last pristine places in the country.

Sure, these things are important.

But the bottom line is these are our lands. Yours. Mine. Ours. And a greedy few are trying to steal them from us.

Public lands are part of what define us as Americans. They are what remain of the great westward migration of the nation. They are the crucible upon which the character of the nation was formed. Our forebears left these lands to us, not so we could sell them to the highest bidder. They left them to us as an heirloom to pass on intact to the next generation. These lands are our birthright. They are a beacon of blinding and unwavering light on what it means to be free.

Whether you call it sale, transfer, or divestiture, allowing public lands to fall from public ownership would represent the triumph of cynicism over democracy. We — you and me, all of us who own these lands by virtue of our citizenship — can make sure that never happens.

We are public lands. And we will not step aside.

Sign the Petition to keep our public lands in the public hands!

Colorado: Outfitted for Public Lands

Gold King Mine Added to Superfund List

The Environmental Protection Agency (EPA) placed the Gold King Mine and 47 other nearby sites on the Superfund cleanup list. These sites, all within the Bonita Peak Mining District, deposit an estimated 5.4 million gallons a day of heavy metal drainage into creeks within the Animas and San Juan river basins. The Superfund cleanup is a federal program that would allocate funds for the investigation and cleanup of some of America's "ticking time bombs" that would hinder human health and the environment.

"The Bonita Peak Mining District site consists of 48 historic mines or mining-related sources where ongoing releases of metal-laden water and sediments are occurring within Mineral Creek, Cement Creek and the Upper Animas. Near Silverton, Colorado, these drainages join to form the Animas River, which is used for drinking water, recreation and agricultural purposes," according to the EPA listing. "Contaminants found in these sources and in the surface water include arsenic, cadmium, copper, manganese, zinc, lead and aluminum. These contaminants impact fisheries that are harvested for human consumption, as well as wetlands and habitat for the threatened Canada lynx."

The Bonita Peak Mining District being added to the Superfund list is a step in the right direction that would help protect headwaters from mine drainage. Currently 40 percent of headwaters in the Western United States are affected by hard rock mining drainage. The TU-led San Juan Water Coalition has been fighting to address this issue by pushing for Good Samaritan legislation that would help clean up even more abandoned mines not addressed by the Superfund.

“Anglers and sportsmen strongly support this process,” said Trout Unlimited San Juan Mountains coordinator Ty Churchwell in a Denver Post article. “We’ll monitor the progress in the months and years to come to ensure the cleanup is done right and supports a high-quality fishery in the Animas. It’s our hope that Congress appropriates adequate funding to begin the cleanup soon." The town of Silverton, previously opposed to the Superfund program, now supports the listing along with local communities and law makers. “I’m hopeful that with this designation the EPA will continue to collaborate with local, tribal and state officials and work to protect the local economy, maximizing local employment opportunities where possible, and providing adequate funding to ensure the cleanup begins as quickly as possible,” said US Rep. Scott Tipton.

“Listing the Bonita Peak Mining District on the National Priorities List is an important step that enables EPA to secure the necessary resources to investigate and address contamination concerns of San Juan and La Plata Counties, as well as other downstream communities in New Mexico, Utah, and the Navajo Nation,” EPA regional administrator Shaun McGrath said in a statement.

“We look forward to continuing our efforts with the state of Colorado, the Bureau of Land Management, the U.S Forest Service, tribal governments and our community partners to address the impacts of acid mine drainage on the Animas River.”

Bear Creek Porter for Greenbacks

Story telling has long been accompanied by beer, just as flyfishing has long been accompanied by storytelling. What would a fishing story told around the campfire be without beer? The fish would be smaller, the fights shorter, and the flies more nymph like. Naturally the story book relationship between beer and flyfishng is used to make money, think Busch Light’s cutthroat cans, but some brewers use it to raise awareness. Think Pikes Peak Brewing Company’s Bear Creek Porter. Bear Creek Porter is brewed with water taken directly from Bear Creek, home of the greenback cutthroat trout. A porter by request, the dark, coco, fan favorite is served seasonally to create conversation about greenbacks through beer. This is a cooperative mission spearheaded by Cheyenne Mountain Chapter of Trout Unlimited and Pikes Peak Brewing Company.

Greenback cutthroat trout need every bit of help they can get. The current state of affairs is hopeful but management agencies like Colorado Parks and Wildlife, need Colorado Trout Unlimited (CTU) to make partnerships they cannot. By engaging locals in the places they frequent, CTU chapters throughout the state can grab the attention of their constituents through a universal talking piece.

The Bear Creek Porter is a conversation starter. Imagine this. A local, regular walks into Pike Peak Brewing Company, notices Bear Creek Porter is the seasonal beer, orders it and enjoys it. They ask the bartender about the beer and come to find that the Bear Creek the water for the brew comes from, is the same Bear Creek they take their children hiking most weekends. The patron then tells their family and friends about the beer and the trout.

This ripple effect is the start of a grass roots movement. To protect and restore greenbacks it will take a public who understands that engaging in conversation is the most important thing we can do to spread ideas. What better way to start a conversation than with a beer.

The Year After Gold King

It's been a year and a few days since a spill at the Gold King Mine near Silverton released three million gallons of heavy-metal-laden, mustard yellow sludge into the Animas River. Photos of the yellow water dominated headlines all over the world. Words like "disaster" and "catastrophic" were used. While the initial spill came as a shock to most, the river was able to withstand the blow. One year after the sludge came through, the river is back to it's usual state of water quality.

There was no fish mortality documented from the spill, while bug sampling by an aquatic biologist with Mountain Studies Institute indicates a still thriving population of mayfly nymphs and caddis pupa. Colorado Parks and Wildlife (CPW) had installed pens of fingerling trout in the Animas before the plume arrived- and none of those fish died either. CPW ran an electro-shocking episode after the “Spill” with the usual re-capture protocol and got essentially the same results as the year before. Actually, the survey showed a slight improvement.

"This is not to diminish our concern for the Animas River and the fishery in the canyon below Silverton. This reach has been substantially impacted by three draining mines at the headwaters of Cement Creek, which flows into the Animas at Silverton," said Buck Skillen, President of the 5 Rivers Chapter of TU. "This, plus the Gold King Spill, highlights the very need for Good Samaritan Legislation for which TU is strongly advocating – so that abandoned mine cleanup projects can proceed here and elsewhere."

Getting the river back to it's usual state was no easy task but Trout Unlimited and partners were willing to take the lead. "It’s been quite a year since the Gold King spill sent a torrent of yellow, metal-laden mine water down the Animas River in SW Colorado," said Ty Churchwell, TU San Juan Mountains Coordinator. "But long before this unfortunate event, TU was deeply embedded in the water quality conversation – and now we’ve doubled down. Our efforts to pass Good Samaritan legislation are bearing fruit in the form of a bipartisan discussion draft now working its way through the halls of Congress. We hope to see the bill formally introduced this session."

The 5 Rivers Chapter of Colorado TU worked with Mountain Studies Institute (MSI) in Durango by taking water samples every two hours from before the plume arrived until days later. They also monitored the macro-invertebrates in the river as the disaster unfolded. The year previously, 5 Rivers Chapter had worked with MSI to do a macro-invertebrates study that served as a baseline for clean-up efforts following the spill.

Also prior to the spill in August, Trout Unlimited teamed up with other partners to form the San Juan Clean Water Coalition. The intent when forming the coalition was to produce a site-specific Good Samaritan legislation for the San Juan Mountains of Colorado. In the wake of the spill, the intentions have broadened to use the Animas as an example for the potential issues in the West.

According to the Environmental Protection Agency, abandoned hard rock mines affect 40 percent of headwaters in the western United States. Just in the San Juan Mountains, slow acid drainage has led to the death of multiple rivers. "The community of Silverton, at the Animas’ headwaters, is now pursuing a Superfund listing to finally, once and for all, deal with the lingering problem of acid mine drainage (AMD) from dozens of old mining sites," said Churchwell. "The TU-led, San Juan Clean Water coalition, has grown dramatically and we’re making a real difference.  In the wake of the spill, the coalition’s objectives have expanded to include a comprehensive, five-point plan to greatly improve the overall health of the watershed and the world class trout fishery in Durango"

The Good Samaritan Legislation would address the current pollution clean-up laws in the United States. Currently, the Clean Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act, place the clean-up burden on the property owners. But in the case of these abandoned mines, the owners are long-gone. Now the clean-up falls on the shoulders of Good Samaritans like TU and other partners. However, the liabilities in the laws- requiring a project to show significant improvements for a specific period of time and makes the Good Samaritan liable for any failures in improvements- have caused a legal gridlock.

Since the Gold King Mine spill, Colorado’s Senators Michael Bennet and Cory Gardner, and Representative Scott Tipton have taken the issue to Washington where the Good Sam legislation has been moving along.

"If there are any silver linings to all of this, it’s that citizens, elected officials and communities all over the west are now aware of the massive problem of acid mine drainage, and people are paying attention. The Gold King spill was a wakeup call for the nation," said Churchwell. "Thank goodness the Animas didn’t die to make a point.  In the end, there was no real ecologic ‘disaster’, as was portrayed in the media. There was no die-off of fish and our bug studies are showing excellent insect populations in the Gold Medal water in Durango. But, there is a real problem at the top of the watershed and we’re moving in the right direction. The Animas remains one of Colorado’s premier trout fisheries."

Trout Unlimited praises compromise reached on Thompson Divide

Carbondale, CO –Trout Unlimited and Sportsmen for Thompson Divide praised a negotiated compromise reached by stakeholders of the Thompson Divide area that allows Gunnison Energy LLC (GELLC) to continue operating working leases in the area while protecting critical fisheries habitat and watersheds in Gunnison County’s Clear Fork Roadless Area. The deal was approved by GELLC, the Thompson Divide Coalition (TDC), Senator Michael Bennet’s office, conservation groups and officials in Gunnison County. As part of the deal, GELLC now supports Sen. Bennet’s Thompson Divide Withdrawal and Protection Act, which would prohibit future oil and gas leasing in the area and create a market for willing buyers and sellers to retire existing leases.

“The Thompson Divide area contains some of the best trout streams and hunting grounds left in Colorado. We applaud Gunnison Energy, Senator Bennet, and everyone involved for listening to sportsmens’ concerns and working together in the spirit of compromise,” said Shane Cross, Western energy counsel for Trout Unlimited. “It’s a good day for the tens of thousands of hunters and anglers that rely on the Thompson Divide for incredible outdoor opportunities.”

At the center of the negotiations was where to draw the southern boundary under Sen. Bennet’s legislative proposal. In a letter to Sen. Bennet, Gunnison Energy President Brad Robinson expressed support for the compromise agreement and revised boundaries. “GELLC is concerned that merely having gas operations within the TDC area boundary will lead to permitting delays and increased environmental compliance costs.” He added, “With the change in boundary and the assurances I have received concerning our continued normal operations in this area, I support passage of the Act.”

The Thompson Divide is one of most pristine, high-value wildlife areas in the lower 48. The Divide’s vast and roadless backcountry harbors elk, deer and other big game and clear, cool cutthroat streams, making it an outdoor paradise for sportsmen and recreationists of all kinds. Preserving the Thompson Divide watershed is important to the outdoor-based economy of the area. Collectively, hunting, fishing, ranching, and recreation in the Thompson Divide area support nearly 300 jobs and $30 million in annual economic output for local communities.

Gross Reservoir Expansion

Typically when reservoirs are being expanded, it isn't as complicated as expanding Gross Reservoir. The Boulder County body of water may seem like any other reservoir but the idea of adding more water to it needs to take into account an issue happening over 15 miles away- and over the Continental Divide. Gross Reservoir was completed in 1954 as part of a series of intermountain diversions built to store water after it travels from the western slope of the Continental Divide to the eastern slope.

As the Denver Metro area continues to grow, the water needs rise with it and the unreliable flows from the South Platte River aren't enough to supply roughly 80% of the state's population with water throughout the year. Which is why water from the Upper Colorado River headwaters- in this case the Fraser River- are diverted for Front Range usage.

According to Denver Water, the reservoir expansion also takes on the a water shortage vulnerability. "We need to balance our north and south supply systems. Customers receive 80 percent of their water from the south end of our system. The other 20 percent comes from the north side, through the Moffat Collection System. This imbalance makes the system vulnerable to catastrophic events, such as the Buffalo Creek and Hayman fires, which caused massive sediment runoff into reservoirs on the south side of our system. That runoff forced us to rely heavily on a water-short north system for a period of time. Expanding Gross Reservoir on the north will help balance that inequity."

Gross reservoir holds water originally flowing in the Fraser River that is then pumped into the South Boulder Creek via the 13 mile long Moffat Tunnel at the base of Winter Park Ski Resort. Currently %60 of the native flows are diverted and the reservoir expansion could take up to %20 more.

The Fraser River's health has been in decline and with more water being taken out, the health of the river was in jeopardy. As the flows decrease, the sediment buildup and temperature increases- leaving trout and insect life to diminish.

But thanks to collaboration work between Trout Unlimited and Denver Water, a Learning by Doing initiative was started. Learning by Doing allows Denver Water to remove flows all while keeping the health of the river at the forefront of the issue.

Learning by Doing requires regular monitoring of stream temperature, riparian vegetation, and aquatic macro-invertebrates. If an environmental problem is detected, Denver Water will provide some financial support and additional flows to help solve the issue. This includes providing the flushing flows the river needs in the spring to clean sediment build up.

“The fact is, the Fraser and Colorado River have been in decline for many years, and Learning by Doing is giving us a chance to change that trajectory by engaging the key stakeholders on how to work together to best manage the river," said Mely Whiting, TU Counsel. "While more water will be drawn from the river in wetter years and seasons, greater cooperation in managing water – including provisions that provide extra water during low flow periods, and investment of funds in restoration activities – means that we can put the Fraser and the Colorado on a pathway toward better river health."

On June 30, Governor John Hickenlooper officially endorsed the Gross Reservoir Expansion (also known as the Moffat Collection System Project). "This key infrastructure project will serve over 25% of the state's population, add reliability to our public water supply, and provide environmental benefits to both the East and West Slopes of Colorado," said Gov. Hickenlooper. "Denver Water has worked closely with stakeholders in an inclusive public process to develop a balanced and pragmatic approach to environmental protection and water supply development." "This project strikes a necessary balance between the water needs of Front Range municipalities and the need to protect healthy flows and fish and wildlife habitat in the Fraser River," said David Nickum, Executive Director of Colorado TU. "The so-called “Learning by Doing” program in the proposal sets up a collaborative process that requires water users to monitor the health of the river in coming years and adjust operations to address unforeseen challenges and opportunities. Moreover, Denver Water has entered into partnerships on the Front Range to ensure that the project alleviates chronic low-flow problems in South Boulder Creek. Both sides of the Divide benefit.”

We Kept Our Fish Cool

Thanks to the great work by Trout Unlimited, partners, and members and supporters throughout the state, the Colorado Water Quality Control Commission (WQCC) rejected the proposed temperature standards from the Water Quality Control Division (WQCD). These changes would have allowed higher elevation streams to reach 63 degrees- 3 degrees over the chronic limit for sensitive coldwater species. For middle elevation streams (the most common streams), the limit would have been raised to 65 degrees, just about the chronic limit for most trout species in Colorado.

The potentially higher temperature standards would have also occurred during the months of April to November- the months of Rainbow and Brown spawning seasons when the fish are more sensitive and susceptible to changes in their environment.

But our fish can chill out.

Groups all over the state worked together to protect our state's water quality and our trout's quality of life. CTU hired water quality expert, Ashley Rust, as a consultant to provide technical support. Her work demonstrated flaws in the data selection and analysis used for the WQCD’s proposal. TU also worked with Colorado Parks and Wildlife scientists along with other organizations including Sierra Club, Colorado Wildlife Federation, CPW and EPA.

Typical allies of the Division also helped in the rebuttal of the proposed changes. "I heard a Commissioner express concern with the fact that so many of the Division's traditional allies joined as parties to oppose the Division," said Mely Whiting, TU Counsel. "I don't recall the last time so many organizations participated in a Commission hearing. It makes a huge difference!"

The members of CTU also stepped up big time and sent over 200 emails to the Commission stating their argument against the changes. Along with chapter presidents signing a letter to the commission, members helped collect data through a citizen science campaign as well as offered their own testimonies to the issue from various vantage points.

"Big thanks to John Woodling, who's testimony was a turning point in the hearing," said Whiting. "To Robin (Knox) who in 5 minutes conveyed a lifetime of experience- I loved the example of all the poor fish huddling in a small pool in the Yampa to avoid the hot water in response to the Division's callous assertion that if it's too hot, fish can just swim away. Big thanks to Dennis Buechler, who very softly and meekly brought in the impacts of these decisions on small businesses."

But the fight for our trout and water quality isn't over yet. The Division will most likely come back next year with changes along the same principal but on a basin-by-basin standard as opposed to the statewide changes proposed this year.

However, with the great work done by TU, partners, and the members throughout the state, we will all be ready to defend Colorado's trout and water moving forward.

Trout Unlimited praises river benefits, cooperation on Moffat Project

Colorado Gov. John Hickenlooper today officially endorsed Denver Water’s proposed Gross Reservoir Expansion Project, also called the Moffat Collection System Project, calling it a model for how to achieve a secure water supply “while assuring a net environmental benefit in a new era of cooperation.”    The governor’s endorsement follows the Colorado Department of Public Health and Environment’s June 23 release of aSection 401 Water Quality Certification that finds the proposed project meets state water quality standards. Trout Unlimited issued the following statements:

David Nickum, executive director, Colorado Trout Unlimited:

“Trout Unlimited supports this project, which strikes a necessary balance between the water needs of Front Range municipalities and the need to protect healthy flows and fish and wildlife habitat in the Fraser River. The so-called “Learning by Doing” program in the proposal sets up a collaborative process that requires water users to monitor the health of the river in coming years and adjust operations to address unforeseen challenges and opportunities. Moreover, Denver Water has entered into partnerships on the Front Range to ensure that the project alleviates chronic low-flow problems in South Boulder Creek. Both sides of the Divide benefit.”

Mely Whiting, lead negotiator for Trout Unlimited:

“The fact is, the Fraser and Colorado River have been in decline for many years, and Learning by Doing is giving us a chance to change that trajectory by engaging the key stakeholders on how to work together to best manage the river.  While more water will be drawn from the river in wetter years and seasons, greater cooperation in managing water – including provisions that provide extra water during low flow periods, and investment of funds in restoration activities – means that we can put the Fraser and the Colorado on a pathway toward better river health.

“That’s the key challenge going forward—in an age of increasing water scarcity and pressures, how can we work together to make the best use of a finite resource while protecting Colorado’s outdoor quality of life?  As the governor said, the Moffat expansion project provides a model for how we can find that pragmatic common ground that secures our water future. Now we need to roll up our sleeves and do the actual work.”

Kirk Klancke, Colorado River Headwaters Chapter, Trout Unlimited:

“It’s important to me and others who live here and love this place to preserve its natural resources and outdoor opportunities—it’s what makes this valley such a special place to live and play.  I’m encouraged that the Moffat expansion project requires Denver Water and other stakeholders to ensure that the health of the Fraser River doesn’t deteriorate due to additional diversions.

“After years of conflict and lack of communication, we have a group of stakeholders, including Denver Water, Grand County and conservation groups like Trout Unlimited, committed to working together to find common ground and keep the Fraser River and its trout healthy. That’s a remarkable turnaround—and it’s huge progress.”