CTU PRESENTS ANNUAL CONSERVATION AWARDS

Buechler, Elderkin, Krol among honorees at Spring Rendezvous

A highlight of CTU’s Spring Rendezvous in Redstone is always the annual awards dinner, held this year on Saturday evening April 14th. Through these awards, CTU recognizes outstanding achievements by its volunteers and chapters, and by individuals and groups beyond CTU who have made important contributions to trout conservation. In 2007, CTU presented its “Trout Conservation Award” to two individuals with partner sportsperson organizations: Dennis Buechler of the Colorado Wildlife Federation and Bob Elderkin of the Colorado Mule Deer Association. Buechler and Elderkin were recognized for their leadership in developing guidelines for oil and gas development to protect wildlife and fish habitat, and for organizing and mobilizing hunters, anglers, conservationists, and others on oil and gas issues including the Roan Plateau.

Tom Krol received the “Trout Communications Award” in recognition of his efforts in producing the CTU video/DVD, “You Can Make A Difference.” Krol was also honored for his leadership in public outreach on conservation issues and projects in the South Platte watershed through the South Platte Enhancement Board. Krol serves as chair of that board, which provides grants for projects to benefit the South Platte and North Fork river corridors and serves as a forum for education and discussion of river issues.

Other award winners were:

  • Outstanding Volunteers: Bob Gray (Collegiate Peaks), Harry Hall (Cutthroat), Bill Searles and Jack Sibbald (West Denver), and Bob Streeter (Rocky Mountain Flycasters)
  • John Connolly Outstanding Chapter Communications Award: Southern Colorado Greenbacks Chapter
  • Exemplary Youth Education: Grand Valley Anglers – school programs & Western Colorado Fly Fishing Expo (see article p.6), Colorado River Headwaters Chapter – watershed education program
  • Exemplary Projects: Alpine Anglers – Greenback backers program, Collegiate Peaks – Buena Vista State Wildlife Area habitat improvement project
  • Most Improved Chapter: Cheyenne Mountain
  • Exemplary Chapters: Boulder Flycasters, West Denver
  • Distinguished Service Award: Andrew Todd and Mely Whiting, Colorado Water Project

The Steve Lundy Silver Trout Foundation also presented the Silver Trout Award at the dinner, recognizing John Trammell for his years of dedicated service in coldwater conservation. Trammell has helped spearhead projects on the Grand Mesa, in Unaweep Canyon, on the Roan Plateau, and has been a leading advocate on issues including travel management and flow protection on National Forests.

Photographs and details can be found on the CTU website: www.cotrout.org.

CHAPTER SPOTLIGHT: GRAND VALLEY ANGLERS

Youth a Focus of GVA & Western Colorado Fly Fishing Expo

 Through the efforts of an enthusiastic team of GVA members which is headed by Jon Gartz, over the past three years our youth program has seen a 700 percent increase in participants.  Activities include fly tying and casting classes in this areas’ District 51, parochial, and private schools and encompasses lower, middle and high school students.  We are now receiving requests to also teach these classes to troubled area youth in their after school tutorial programs.

Youth are also a focus of the Western Colorado Fly Fishing Exposition, held at the Doubletree Hotel in Grand Junction on the last Friday and Saturday of March.  The Expo typically features fifty of the Western States top fly tyers. In addition, we have fly tying, guide presentations, and outdoor equipment manufacturer casting theaters in full swing all day.  Over the past three years, we have added many new Expo events that include all day youth participation.  We have found that multiple activities during the day keep the kids excited and engaged from 9:00 A.M. to 4:00 P.M.  As every parent knows first hand, that is a rare occurrence!

In 2005, we had 30 kids participate in the Expo; this number has grown to over 200 youth participating this year.  We now give free t-shirts to all participating kids and it was quite a sight this year to see 200 sapphire blue, fish fronted t-shirts racing around the hotel grounds!  A feature youth activity at the Expo are a series of fly tying tables that are set up and staffed just for kids.  In the past two years, in addition to adult instructors, an enthusiastic group of youth tiers have become the lead tying instructors at these tables.  As the day progresses, it is great fun to see newly “expert” kids showing their parents, grandparents, and friends how to tie some very innovative patterns!  The success of these tables would never be possible without the tremendous donations of materials, vices and time by area wide residents and businesses.

Outdoors, equipment manufacturers and fishing guides from a four state region provide youth casting instruction using their newest equipment.  It’s often hard for an adult to get their hands on a rod with all the kids who are casting at one time!  The casting instruction culminates with a youth casting competition divided into multiple age groups.  Because of the generosity of many donors, we are able to award prizes such as complete fly rod sets, fly tying vices, fishing vests and boxes of flies to all the participants. This year we had an eleven year-old boy with his fly rod in hand, come up to me to proudly show the fly rod he won at last year’s Expo.  It turns out that the rod is never far from his dad’s car as they now fish together all the time!

Jon has dubbed our youth program “Kids Teaching Kids,” for which he and his team was awarded CTU’s “Exemplary Youth Education Award for 2007.”  Thanks to CTU for this honor and we look forward to sharing ideas regarding youth education with other CTU Chapters.

CHAPTER, NTU HELP MILLSAP TAILINGS PROJECT MOVE FORWARD

A major reclamation project lead by the Colorado Division of Reclamation, Mining and Safety will begin in May at the Millsap Tailings, located outside of Victor, Colorado.  The Cheyenne Mountain TU chapter, as well as national TU’s Colorado Mine Restoration Coordinator, Elizabeth Russell, helped in the effort to raise money for the $750,000 project.  The chapter hopes the effort will improve trout habitat in Four Mile Creek.  This is a showcase project that brings together a diverse group of state, federal and local agencies, land owners, water rights holders, and non profit organizations to address one of the most prolific problems in the West. 

The Millsap Tailings ponds were created in the 1940s to hold slurried material from a nearby gold processing plant.  The original dams that were constructed to hold the tailings were breached several decades ago and the tailings are continually eroding downstream during storm events, in some cases reaching over 10 miles from their original location.  The site contains 60 to 80 foot highwalls and covers 65 acres.  A jar of water collected below the tailings in Millsap Creek during a storm usually contains 20-30 percent sediment load.  This siltation has caused wild trout habitat to become significantly degraded in Four Mile Creek downstream, and has eliminated the possibility of Millsap Creek being a fishery.  During heavy rain events, this sediment also reaches the Arkansas River.  The goal of this project is to stop the massive erosion, reestablish native vegetation on the restored acres, and ultimately improve and protect the downstream wild trout habitat.  Once finished, the reclaimed land will also be able to support grazing and provide for wildlife habitat.

TROUT UNLIMITED AND PUBLIC ACCESS

In recent weeks, there has been a great deal of discussion – and unfortunately, a fair bit of misinformation – about the issue of access and questions of Trout Unlimited’s role. Some have feared that the organization was bowing to wealthy donors and “selling out” the average angler by supporting (or at least accepting) efforts to lock up more and more water in private hands. Others have feared that local chapters and Councils are seeking to override existing private property rights to open up currently private water to public fishing access. The reality is that neither fear reflects the ongoing discussion within TU.

While the focus of CTU and TU has always been on our mission to conserve, protect and restore coldwater fisheries and their watersheds, there has also been ongoing engagement on public access in a variety of ways.

  • CTU was a leading advocate for the recently-adopted “Habitat Stamp” with the Colorado Division of Wildlife (DOW), which provides funding for habitat and access. Indeed, the first project approved for funding from Habitat Stamp dollars was acquiring a permanent easement for public access to one mile of the Arkansas River – and the Collegiate Peaks Anglers Chapter helped provide part of the matching funds for that project, as well.
  • Over the years, CTU has helped with DOW acquisitions – for example, purchasing an option on a ranch in South Park that was then acquired by DOW, and helping secure title to a parcel on the Roaring Fork River that was transferred through CTU to DOW.
  • Last year, TU nationwide was among the leading voices opposing proposals to sell off National Forest lands into private hands as a funding mechanism for U.S. Forest Service programs – helping keep those lands public, for conservation and for the hunting and fishing access they provide.

There has been more debate and discussion about TU’s appropriate role in advocating for public access rights. In the case of CTU, this issue most recently came up in 2002 when legislation was proposed to criminalize the act of fishing while (legally) floating by private lands. After significant discussion, and with recognition that members of CTU had widely differing opinions, CTU’s board adopted a position statement that respects the current rights of private landowners and the public. In brief, the position indicated that CTU would not support measures that diminish existing rights of public access, nor would CTU support measures that reduce existing private property rights. Under that policy, CTU opposed the proposed criminalization of currently-legal float fishing. In contrast, we would not support measures like the “Fair Fishing Initiative” that would transfer existing private rights into public access.

More recently, TU nationally adopted a new access policy that established a working group to review access issues or conflicts that may arise and determine whether involvement by TU or its affiliates was in the best interests of the organization.  A CTU Past-President, Tom Krol, is part of that working group.  The national policy was built on a foundation very similar to CTU’s position – respect for private property rights, coupled with a recognition that TU could sometimes have an appropriate role in defending existing public rights.

The greatest challenges have arisen with the thorny and complex issue of what does or does not constitute “trespass” on private lands – something that varies with different state access laws.  What should TU’s role be in such disputes, if any?  It is the specific question of public access to rivers flowing through private lands, not the broader question of promoting public access, which has triggered renewed debate and discussion.  Initially, some members of the Board of Trustees proposed an immediate amendment to TU policies that would preclude all TU involvement in such access disputes.  After hearing significant concern from grassroots leaders about both the substance and process of the proposed change, those Trustees withdrew their amendment.  In other words, no policy change has been made.  However, a working group of TU grassroots leaders and Board of Trustees members will now examine the issue and offer recommendations later this year.

So while the recent discussions about access issues have triggered a great deal of concern and consternation, the reality is that TU is neither proposing to abandon public access and encourage the “locking up” of more and more public water in private hands – nor are grassroots leaders of TU storming the Bastille in efforts to seize private property for public access.  The real debate is focused on the narrower question of what is or should be allowed in terms of public access to rivers along private lands.  We’re all in the same “ballpark”, but the exact place different people would draw the line varies – and of course, the issue varies from state to state.  This is an important issue, and if you have recommendations that you would like to see considered as part of the grassroots/Trustees review, you should put your thoughts in writing and direct them to Steve Moyer, TU Vice President for Volunteer Operations, 1300 N. 17th Street, Suite 500, Arlington, VA  22209.  We’d also like to get your thoughts at CTU – 1320 Pearl Street, Suite 320, Boulder, CO 80302.

Legislative Report

Highlights Range from Instream Flow to Oil and Gas Development

 HB1298 PROTECT WILDLIFE FROM OIL/GAS DEVELOPMENT  (Gibbs, Tochtrop) Position: Support                                                                                    Status: Pending Senate action

HB1298 requires the Colorado Oil and Gas Conservation Commission to consult with the Colorado DOW to promulgate rules protecting wildlife from the ramifications of oil and gas exploration. As introduced, it included a list of minimum protections to be included in the rulemaking, which unfortunately were removed in the House.  However, the heart of the bill, giving the DOW a voice in oil/gas decision-making, remains intact.

HB1012 ISF ABANDONMENT  (McNulty, Schwartz) Position: Support                                                                                    Status: Signed by Governor

HB1012 clarifies that a water right is not injured or abandoned by temporarily loaning it to the CWCB for instream flow purposes. The value of a water right is based on the amount actually used, the consumptive use, calculated using a thirty year historic average. Several water rights owners have expressed interest in loaning water for instream flow purposes, but were concerned that calculating a “zero” for consumptive use during the time of the loan significantly reduces the value of their water right.  This new law remedies that problem.

 SB122 CWCB PROJECTS BILL  (Isgar, Curry) Position: Support as amended                                                                 Status: Pending House action

There were several problems with the annual funding bill for the Colorado Water Conservation Board. The first was a proposed $150,000 study on the impact of instream flows and Recreational In-Channel Diversions on potential future water development – a study apparently designed to create a basis for weakening those programs.  That study has been removed.  The second problem was a $500,000 study of water availability in the Colorado River basin. As proposed, the study did not involve basin roundtables and focused on large new transbasin projects; we have successfully amended the study to ensure basin involvement and to redirect the study so that it will address ongoing issues around water availability and not focus only on large new transbasin projects.  Third, the bill proposed giving the CWCB authority to make loans of $25 million without legislative approval (the current cap is $5 million).  The proposed increase in loan authority was scaled back to $10 million.  Finally, the bill allocated $100,000 to study mitigation and moving of fens; efforts to remove that study from the bill failed.

HB1281 DOUBLE RENEWABLE ENERGY STANDARD  (Pommer, Schwartz) Position: Support                                                                                    Status: Signed by Governor

We enthusiastically support the doubling of the renewable energy standard created by Amendment 37. We remain concerned, however, by the treatment of hydropower.  The current size cap (10 megawatts) on hydropower carried forth from amendment 37 is not the best way to address impacts of hydropower. Small projects can be very harmful, totally dewatering streams – and some large projects may have minimal adverse effects.  We would much prefer “green” energy standards to focus on a hydropower project’s impacts, not its size. 

HB1341 MODIFY COGCC MEMBERSHIP  (Curry, Isgar) Position: Support                                                                        Status: Passed, awaiting House concurrence

HB1341 modifies the makeup of the Colorado Oil and Gas Conservation Commission, which currently has seven members of whom five are industry representatives. Under HB1341 there will be nine members of the commission. Three shall be experts in oil and gas production, one shall have expertise in wildlife or the environment, one shall be a landowner in agricultural production who owns royalties, one shall represent local governments, one shall be an expert in health care, and the directors of DNR and CDPHE or their designees shall also be voting members.  The proposal should ensure that a broader range of interests are represented on decisions surrounding Colorado’s oil and gas development.

What can we do before the well runs dry?

Shawn Yoxey, a lawyer in Pueblo, is a member of the Pueblo City Schools Board of Education and serves on the board of directors the Southeastern Colorado Water Conservancy District.


Benjamin Franklin said, "Only when the well runs dry, do we learn the wealth of water." An Arabic Proverb stated, "Into the well from which you drink, do not throw stones," meaning care for the water upon which you depend.

"Dry Times-Growing Water Crises Seen in West," "Cities Hunt Water to Feed Growth," "Groundwater Overuse Tied to Fisheries" - titles of three April 15 articles by Chieftain reporter Chris Woodka -dealt with different events, but the message was clearly the same: The West is drying up due in huge part to overdevelopment of our water resources.

In the "Dry Times" article, Woodka reported climate changes are projected to reduce the amount of water available in the future. The ultimate price might be the quality of life in the West, not just the sustainability of the water supply.

In "Cities Hunt," he reported that water managers from Colorado Springs and Las Vegas, Nev., see their jobs as providing more supply to meet the demand, rather than looking at policies to limit growth.

Finally in "Groundwater Overuse," Woodka reported most fish don’t live underground, but the water underground is as important as the rivers, streams and lakes that fish do live in. In fact, a significant amount of base flows in rivers is made up of ground water, according to Melinda Kassen of Trout Unlimited.

Woodka noted Trout Unlimited's report, "Gone to the Well Once Too Often," on the importance of ground water in the West. The report details how well-pumping, if not regulated, can create economic and ecological disasters. Over-reliance on groundwater impairs water quality and in some areas has led to land subsidence.

Why am I bringing all this up?

Recently, good friends of mine brought me concerns about a development in Beulah that was in the planning stages and would soon be going before the Pueblo county commissioners for approval. This development includes drilling wells to provide domestic water for approximately 95 new homes.

Get something straight: I am not anti-development, nor am I against any person wanting to move to Beulah. I grew up there and, having experienced its beauty first hand, understand why many people love living in or want to move to Beulah.

I don’t necessarily consider myself to be an environmentalist or tree hugger. However, I do care about our environment. I care about how overdevelopment of the Pueblo area's precious water resources is going to impact water availability for our children and grandchildren.

So, I went in front of the county commissioners and expressed my concerns about how the cumulative effect of drilling all of these new residential wells was going to affect the surrounding wells, as well as water quality and quantity in the St. Charles River drainage.

The Chieftain reported the response of a developer of the proposed Beulah cluster development. His response basically was to assuage any fears those in Beulah or the St. Charles drainage may have.

He said an existing well on the property was producing steadily and other wells in the area that have no problems at present. One well appearing to produce steadily is not enough evidence.

I have no personal beef against the developer. In fact, under current Rural Land Use Plan regulations, he is probably doing everything the "right" way. He proposes to preserve another 1,100 acres of open space through a perpetual conservation easement.

But what about the water?

Of the 800-plus pages of water law on the books in Colorado, none protects aquifer integrity or tributary groundwater from the type of development likely to be realized in Beulah.

At a recent Arkansas River Basin Water Forum in Rocky Ford, I asked a panel of water conservancy district directors about when do we need to be concerned about cluster development affecting already-scarce water resources in the Arkansas Basin. The only panelist who attempted to reply was Terry Scanga of the Upper Arkansas Valley Water Conservancy District, for which I give him credit.

Despite the fact that Colorado courts have ruled that all ground water is presumed to be tributary to a natural stream, little attention is paid to the lack of real integration with surface water supplies. Some facts for consideration:

In the 1965 Groundwater Management Act, Colorado integrated the administration of tributary ground water and surface water rights because "if a well causes the level of underground water to be lower than that of the surface stream, the latter will drain into the former with consequent losses to the surface flow." - Fellhauer v. People, 447 P.2d 986, 989 (Colo. 1969).

Yet most private domestic wells, such as the ones that will be drilled as part of the Beulah development, are exempt from administration in the priority system and do not require an augmentation plan. - Private Wells for Home Use, Marx, Waskom & Wolfe, CSU Cooperative Extension, June 2006.

Ground water aquifers are recharged naturally through precipitation (which this area lacks) that filters through a recharge area, but the process is typically very slow, taking from decades to centuries.

If the withdrawal or pumping rate matches the recharge rate, the aquifer is a renewable resource; if the withdrawal rate exceeds recharge, the aquifer becomes a non-renewable resource. - Groundwater Law Sourcebook of the Western United States, Bryner and Purcell, University of Colorado School of Law, September 2003.

In 2002, this area experienced the worst drought in over 200 years. Beulah residents had no water despite never previously having problems pumping enough water from their wells for domestic use. They had to haul tanks of water to Beulah for residential use.

So, I ask again: At what point should we be concerned about development taking place in our own backyard which will, and does affect, the integrity not only of our ground water, but of our surface rivers and streams as well? Are we going to be proactive or reactive?

Groundwater overuse tied to fisheries

Trout Unlimited says the West has gone to the well too often to satisfy its thirst.

By CHRIS WOODKA THE PUEBLO CHIEFTAIN

COLORADO SPRINGS - Most fish don’t live underground, but the water there is as important as the rivers, streams and lakes they live in.

“It turns out fish need water every day,” Melinda Kassen, Trout Unlimited Western Water Project managing director told an audience of about 100 during a panel discussion on Colorado College’s 2007 State of the Rockies Report Card.

“River advocates are thinking more about wells. A significant amount of base flows in rivers is made up of groundwater,” Kassen said. “Riparian wetlands are in danger. It’s a threat to fish and birds on the flyway.”

Trout Unlimited issued a report called “Gone to the Well Once Too Often” about the importance of groundwater in the American West. It details how well pumping, if not regulated, can create economic and ecological disasters.

Some examples from the report:

One year ago, 440 wells in the South Platte basin irrigating 30,000 acres on 200 farms were shut down. Boulder, Highlands Ranch, Sterling and some senior water rights holders said the wells were cutting into their water supply. For some farmers, it will mean bankruptcy.

The headwaters of the Verde River in Arizona could be dried up by 2100 under a plan by Prescott to pump 2.8 billion gallons a year from its aquifer. Prescott is expecting its population to double by 2020 and water needs to increase fivefold by 2050. Arizona laws do not regulate most diversions of groundwater.

In Gallatin County, Montana, just north of Yellowstone National Park, subdivisions have tripled their rate of pumping in the last 20 years, causing Trout Unlimited, ranchers and the state to protest about diminished water supplies. The Montana Supreme Court just last year ruled that groundwater is connected to surface supplies.

New Mexico exempts small domestic wells from regulation, but requires permits. As many as 6,000 to 8,000 permits are issued each year.

“An over-reliance on groundwater impairs water quality and, in some areas, has led to land subsidence,” Kassen said.

Trout Unlimited’s concern primarily lies with the impact overpumping has on wildlife, which can be seen in all Western states, Kassen said. Wetlands have disappeared, rivers periodically run dry and headwaters streams that feed rivers have become dry washes.

Complicating the picture is the fact that groundwater regulation, like surface water laws, differs in every state.

“Weak groundwater regulation makes user conflicts worse,” Kassen said. “If we put the best of every state’s program together, we’d be in a lot better shape.”

Trout Unlimited’s report offers several solutions, stressing urban conservation, sustainable management that looks at all users, aquifer recharge and underground water banks.

In Colorado, augmentation plans - which replace surface water lost to pumping - should take into account real-world conditions, she added.

“The augmentation a court allows may not always be enough,” she said. “You may be moving water on paper, but not making any gains.”

Help Needed for Third Way School Fishing Day at Sawhill Ponds - May 15, 2007

Larry Quilling will be assisting Kristin Weinberger, Boulder Open Space & Mountain Parks, in conducting a 2 hour fishing program at Sawhill Ponds for 6 to 10 students (ages 15 to 18) from Third Way School in Denver. In Larry's own words, "Third Way School is an alternative high school where many of the students live at the school due to many difficult social service circumstances. These kids deserve a couple of hours of joy."Larry needs 3 to 4 chapter volunteers who would like to help the kids fish and some fly donations to catch bluegills and crappie. If you want to get involved & I hope you will, please contact Larry ASAP.

Larry V. Quilling 720-684-3277 Larry.Quilling@seagate.com or the5quills@comcast.net

Saga of the Black Canyon

From David Stillwell, National TU, Boulder The first link is an editorial from the Grand Junction Daily Sentinel followed by the second link which is Drew’s guest column response:

Walking on water as easy as solving canyon dispute

http://www.gjsentinel.com/opin/content/news/opinion/stories/2007/04/08/4_8_geocolumn_4_8_07.html

Black Canyon deal left door open to Front Range diversions

http://www.gjsentinel.com/opin/content/news/opinion/stories/2007/04/25/nu_gunnison_op_ed_WWW.html

State AG moves to gut Black Canyon accord

http://www.gjsentinel.com/search/content/news/stories/2007/04/17/4_17_1a_Black_Canyon_water.html

Water chief should be fired, lawmaker says

http://www.gjsentinel.com/search/content/news/stories/2007/04/18/4_18_1a_Black_Canyon.html

Legislators: Hold water project money until Black Canyon dispute resolved

http://www.gjsentinel.com/news/content/news/stories/2007/04/21/4_22_1a_Black_Canyon.html

State pulls canyon objections

http://www.gjsentinel.com/hp/content/news/stories/2007/04/26/4_26_1aBlack_CanyonWithdrawal.html

CTU Youth Camp

I wanted to pass along a quick update on the youth camp.  Things are coming together well, thanks to the tireless efforts of Larry Quilling, strong support from the Beattie family at Peace Ranch, and with a tremendous assist from members in the local watershed.  A big "thank you" to the Ferdinand Hayden Chapter and the Roaring Fork Conservancy, who have really stepped up to the plate in helping with this event.  Their support will go a long way in making this year's camp a major success.

Since we last sent out reminders, we've had a number of additional qualified kids apply for the camp and we are nearly at capacity.  If your chapter is still trying to recruit any young people for the camp, please urge them to get their applications in (BY EMAIL) to me or Larry as soon as possible ... as we have already begun providing "at large" spots in the camp, the guarantee of one kid per chapter cannot be assured for late applicants, rather we are now on a "space available" basis -- so kids who still want to take part should apply as quickly as possible.

I've attached the application form with this message.  Emailed applications can go to David Nickum (dnickum@tu.org) or directly to camp coordinator Larry Quilling (Larry.Quilling@seagate.com). 

Thank you!

David Nickum

Youth Camp 2007 Application