Good Sam: Legal muddle cleared up for mine-tainted streams

The 19^th century mining boom across the West was a bust for many of our rivers and streams. Colorado alone has more than 7,000 abandoned mine sites, many of them leaching toxic metals into nearby watersheds—and these damaged streams represent more than a century of lost fishing opportunities. It gets worse. In many cases, Good Samaritans like Trout Unlimited, eager to undertake mine cleanup projects, can’t get started—ironically, because of a Clean Water Act provision that says groups who voluntarily clean up a toxic dump could be liable if the treated water doesn’t meet CWA standards.

No good deed goes unpunished, right? That unfortunate Catch-22 has stopped scores of cleanup efforts dead in their tracks, in Colorado and across the West.

That’s why this big news out of D.C. is cause for celebration: The EPA this week issued new guidelines for abandoned mine cleanup agreements that largely eliminate the legal exposure of Good Sam groups.

Read more about it from the Summit County Voice.

This is a huge victory for Colorado streams.

“True Good Samaritans can feel comfortable pursuing cleanups and partnerships with EPA knowing they won’t be responsible for pollution when they get done,” said Colorado Sen. Mark Udall, who showed great leadership in pushing EPA to change the guidelines.

“We’re thrilled--this is a major breakthrough,” said Elizabeth Russell, mine restoration project manager for TU. “This is the single most important issue in the state as far as addressing mine pollution. 

“These projects will have huge benefits forColorado’s water quality and fish habitat,” said Russell.  “And that will improve the fishing for future generations of anglers.” 

Send thanks to Sen. Udall for showing leadership on this issue!

Study on dwindling Colorado River shows need for cooperation

Trout Unlimited calls for creative partnerships to keep rivers flowing and healthy. The U.S. Bureau of Reclamation today released its long-awaited Colorado River Basin Water Supply and Demand Study, a multi-year effort to assess water availability and use in one of the West’s most important river basins. Trout Unlimited called the study a “wake-up call” on the need for greater collaboration on water management and river protection.

“In some respects, the study confirms what many of us are seeing on the ground—drought and changing climate are pressuring our Western rivers as never before,” said Scott Yates, director of TU’s Western Water Project. “We partner with ranchers and farmers along key Colorado tributaries, and it’s a common observation that we’re seeing shorter winters, earlier runoff, hotter temperatures, and lower stream flows during late summer, when crops and fish often need it most.  We have to work together to find new, creative ways of managing our water if we want to meet diverse needs and keep our communities, economies, and rivers healthy.”

The BOR study specifically assessed water supply and demand, the ability to potentially balance such supply and demand, and system reliability. The effort included unprecedented river flow and use forecasting and modeling efforts for the Colorado River Storage System (CRSS) – one of the most complex and important federal water storage, delivery, and use systems in the country.

Millions of municipal residents in the West—both in cities and rural areas—depend on the river for daily water use needs, and ranches and farms throughout the seven Colorado River Basin States (Colorado, Wyoming, Utah, New Mexico, Arizona, Nevada, and California) depend on Colorado basin water for their operations.  The Colorado River is also a sportsmen’s paradise, with world-renowned trout fishing on popular stretches such as the Upper Colorado near Kremmling, as well as iconic fishing destinations like the Gunnison, Green (including the White and Yampa), Dolores, and San Juan.

According to Yates, “If we’re going to have less water because of changing climate—whatever the cause—we need to roll-up our sleeves, develop creative partnerships, and find long-term solutions that help ranchers and farmers upgrade aging infrastructure and improve efficiency while protecting and restoring stream flows and fisheries.”

Trout Unlimited, he noted, already partners with the Bureau of Reclamation and other federal agencies such as the Natural Resource Conservation Service and U.S. Fish and Wildlife Service to help bring innovative irrigation system upgrades to private lands, ranches, and farms—projects that also restore fragmented and depleted streams, benefiting trout habitat and fishing.

In a region known for its contentious water battles, the Bureau study emphasizes the importance of this emerging collaborative model—diverse stakeholders working together to manage finite water resources to meet the needs of agriculture, industry, towns and cities, and outdoor recreation.

“This is a model that works,” said Yates. “We’ve seen it work across the West in scores of successful win-win partnership projects.”

Trout Unlimited’s Dave Glenn grew up near the Green River in Utah, fishing and hunting in and along one of the West’s great rivers. He said that sportsmen are committed to helping find creative, pragmatic solutions, but they won’t back projects that needlessly destroy high-value fisheries and wildlife habitat.

“Outdoor recreation is a $250 billion a year business in the West,” noted Glenn. “The Bureau study should not be seen as a green light for unrealistic, expensive, and environmentally destructive projects that move water out of their basins of origin,” said Glenn. “TU and other groups have highlighted a range of cheap, pragmatic options— including conservation, reuse, and water sharing—that will meet water needs without sacrificing our rivers and outdoor heritage.”

He added, “Cities can’t meet their water needs on the backs of rural areas, drying up special places like the Green River, and potentially destroying fishing and hunting opportunities.”

“We’re entering an era of water scarcity and fiscal austerity—cooperation and partnerships have to lead the way,” said Yates. “The health of our communities, rural areas and economies flows from healthy rivers. We can’t take them for granted.”

For more information, please contact:

Scott Yates Director, Western Water Project syates@tu.org

Dave Glenn Intermountain Director, Sportsmen's Conservation Project dglenn@tu.org

Giving and getting from the Greenbacks

Tis the season to give... and receive. As flyfishing winds down for the year and we begin heading to the mountains for fresh powder and steep slopes, I want to take a moment to pause, reflect, and give thanks for another unforgettable fishing season.

As I flip through photos of monster trout and goofy friends having fun on the river, I’d like to ask if you would join me in giving back to the resource – to the fish and to the rivers - that have given us good times and memories throughout the year so that 2013 will be even better.

If the fish have been good to you this year, click here to give back.

For almost 3 years, thanks to the support of anglers like you, the Greenbacks have directed your donations towards vital native trout conservation and restoration projects - preserving and protecting the places and fish we love right here in Colorado.

With wild fires expected to threaten trout again next year, and more water projects on the horizon that may take additional water from our streams, our fish and rivers need your help more than ever to ensure their survival, and the survival of our sport.

Please consider giving back to the fish by clicking here.

In appreciation for your generous gift of $100 or more toward native trout conservation, the Greenbacks want to give you one of our limited edition Greenbacks hooded sweatshirts. Wear it with pride on the slopes or on the river knowing you’re helping keep our rivers and native trout alive.

Thank you again for your ongoing support.

The Greenbacks

Don't put the cart before the horse on the North Fork

UPDATE:  Sportsmen groups including TU have submitted a formal request to BLM to withdraw leases from the February sale, pending completion of their plan revision.  That will allow leasing decisions to be made on the basis of the best current information - not a 23 year old leasing plan.  Check out coverage from E&E News online.

What: The BLM is offering 20 leases comprising nearly 20,000 acres in the North Fork Valley as part of the agencies February 14 lease sale. These leases are located between Hotchkiss and Paonia Reservoir, and many are along the North Fork of the Gunnison and several tributaries to the river. This creates the possibility of direct and serious impacts to the health of the watershed and the trout fisheries that it sustains.

Why it Matters: The North Fork of the Gunnison River has been the focus of a multi-year, collaborative effort to improve water quality and enhance river health so that the river is able to provide for current and future needs of the community. Poorly planned energy development could undermine these community-driven initiatives and restoration projects, to the detriment of important wild and native trout fisheries.

The Solution: The BLM’s Uncompahgre Field Office, which manages the lands proposed for leasing, is currently in the process of revising its 23 year-old management plan. In doing so, the agency is considering where and under what restrictions they are going to allow for leasing and energy development, as well as the impacts of that development on the watershed. If the BLM leases these lands now, they will be undermining their own planning efforts and leasing lands without a thorough review or the best available information. Moreover, leasing today without the benefit of an updated management plan could create a situation where future natural gas development is in conflict with direction brought forth in a new management plan.

The solution is simple: complete the resource management plan before selling new leases. By deferring these leases, the BLM will ensure that the cart doesn’t get ahead of the horse and that any future development that does occur is the result of a thoughtful, collaborative plan that balances energy development with the health of the watershed and the needs of the community.

For more information, contact: Bob Meulengracht, Colorado SFRED Coordinator, Trout Unlimited 303-514-8227, rmeulengracht@tu.org

Windy Gap water project takes step forward

Coloradoan

Bobby Magill

“For years, those of us living in Grand County have seen the once-mighty Colorado (River) in a state of serious decline,” Kirk Klancke, president of TU’s Colorado River Headwaters Chapter, said in a statement. “This agreement will provide protections and new investments in river health that can put the Colorado River on the road to recovery.”

http://www.coloradoan.com/article/20121204/NEWS01/312040029/Windy-Gap-water-project-takes-step-forward

Willoughby: A victory for upper Colorado River conservation

By Scott WilloughbyThe Denver Post

"I'm very pleased with how things have turned out. We've been working on this for a while now," said Mely Whiting, counsel for Trout Unlimited. "This is the right way of doing things, the right way to develop some of these water projects. It's a compromise, but it shows that you can do these projects in a smart way."

Read more: Willoughby: A victory for upper Colorado River conservation - The Denver Post

A Victory for the Upper Colorado

The Colorado River received an early Christmas present this year, as an agreement was reached today that will help offset impacts from the proposed Windy Gap Firming Project (WGFP) and put the Upper Colorado River on the road to recovery.  Trout Unlimited today praised the multiparty agreement reached with the Municipal Subdistrict of the Northern Colorado Water Conservancy District (Municipal Subdistrict), which will provide significant protections for the Upper Colorado River and result in major investments in restoring the river's health. The package of river conservation measures —negotiated among the Municipal Subdistrict, Grand County staff, Trout Unlimited and the Upper Colorado River Alliance (UCRA)—was approved today by the Grand County Board of County Commissioners (BoCC) as part of a permit issued for the Windy Gap firming project.  Click here to read TU's press release. Several years ago, TU (along with the Colorado Environmental Coalition and Western Resource Advocates) issued a report - Facing Our Future - on meeting Colorado's water supply needs in an environmentally sound way.  A more recent follow-up report, "Filling the Gap," further developed recommendations for river-friendly water supply strategies.  In both reports, WGFP was identified as a potentially smart supply project -- IF its west-slope impacts were responsibly addressed.  In light of commitments secured from the Municipal Subdistrict, the project's sponsor, TU believes that those impacts are now being addressed and we have voiced our support for the WGFP moving forward in light of the river protection measures that would be included.

Background:  The original Windy Gap project - which pumps water from the Colorado River below its confluence with the Fraser up to Lake Granby and then through the Colorado-Big Thompson Project facilities to the Northern Front Range - was expected to have only very modest effects on the Colorado River.  Unfortunately, those projections proved badly wrong and the fishery has been in significant decline, though it still does meet "gold medal" standards.  Elevated stream temperatures have led the river to be listed as an "impaired" water by the Water Quality Control Commission.  Required flushing flows (only 450 cfs every three years) aren't adequate, and sedimentation has created an embedded channel that was not adequately scoured even with the epic high flows of two years ago.  The reservoir itself has created a barrier, disconnecting habitat above and below and leading "good" bedload materials - gravels and other larger material - to be captured while fine silts are passed down - creating the embedded conditions downstream.  Stoneflies and sculpin have been lost from the reach below Windy Gap, and trout populations have declined dramtically.

Into this setting came the proposed Windy Gap Firming Project, to increase the diversions from the Colorado (in spring/early summer higher flow periods, as the project has quite junior water rights).  In our review of the project and its Environmental Impact Statement, TU has consistently raised several issues:  (1) the need to discontinue diversions into Windy Gap's pumps at times of high water temperatures; (2) the need to ensure flushing flows; (3) the need to address degraded habitat in the Colorado River; (4) the need to reconnect the river with a "bypass channel" through or around Windy Gap; and (5) the need for adaptive management to deal with changing conditions and future challenges.

Agreements:  Agreements have been reached with Northern to address these and other key issues.  Among the most notable features are:

• 1041 permit requirements that would ensure that pumping at Windy Gap was discontinued when temperatures were too high (all pumping discontinued if reaching "acute" standards  that could lead to fish kills, new project pumping discontinued if approaching "chronic" standards that create longer-term impact), and that would require higher flushing flows (600 cfs every 3 years, 1200 cfs every five years)
• An agreement to fund construction of the Windy Gap bypass with $2 million from Northern, plus another $2 million from the state (approved by CWCB, pending legislative approval), and commitment to work with us to raise additional funds if needed to complete the project
• Agreement to forego future development in Grand County except in cooperation with the west slope, and to honor the outage protocol for the Shoshone hydro plant - which helps ensure year-round flows in the Colorado River watershed above Glenwood Canyon
• Ability for Grand County to obtain up to 5000 AF (when available) for use in addressing summer streamflow needs
• Protections for water quality/clarity in Grand Lake

In addition, previous commitments with the Wildlife Commission would provide $4 million (plus unspecified in-kind help) for river restoration work on the Colorado.  A parallel effort also will provide over 5000 AF of water for releases down the Colorado River to address downstream endangered fish needs - but in the process help improve flows for the Upper Colorado.  (Currently water is released from  Williams Fork Reservoir).  Northern also is agreeing to participate in the "Learning by Doing" adaptive management program that was established under the Colorado River Cooperative Agreement between Denver and the West Slope.

In brief - the proposed agreements address each of the 5 needs we identified for making Windy Gap a "smart supply" project - temperature, flushing flow, habitat improvement, Windy Gap bypass, and adaptive management.  Collectively, they provide the protections and resources needed to put the Colorado River on the road to recovery.  

Reaching this point in our campaign for protecting the Upper Colorado was a team effort with key contributions from the Colorado Headwaters Chapter, assistance and public outreach by Colorado TU, and leadership and technical work by NTU's skilled professional staff.  With the Municipal Subdistrict's willingness to go the extra mile to address our concerns, combined with dedicated local landowners and Grand County's strong commitment to protecting its rivers and watersheds, we can now look to a future in which the Upper Colorado experiences a river renaissance instead of continuing decline.

Significant threats remain, however - most notably, Denver Water has proposed major diversions from the Fraser watershed.  Like WGFP, Denver's Moffat project has the potential to be a "smart supply" project that is environmentally sound - but so far, Denver has not agreed to the kinds of mitigation that are needed to address its project impacts.  The 1041 permit protections and agreements with the Municipal Subdistrict offer a solid road map for how a similar success could be reached for the Fraser - and we urge Denver to step up to that challenge.

Read more about this agreement from The Denver Post's Scott Willoughby by clicking here.

Click here to read the Coloradoan's report on the Windy Gap water project.  

Sharing Colorado River Water

The United States and Mexico agreed Tuesday to new rules on sharing water from the Colorado River, capping a five-year effort on how to spread the pain of drought and reap the benefits of wet years... Mexico will forfeit some of its share of the river during shortages, bringing itself in line with western U.S. states that already have agreed how much they will surrender when waters recede. Mexico also will capture surpluses when waters rise...

The agreement, coming in the final days of the administration of Mexican President Felipe Calderón, is a major amendment to a 1944 treaty considered sacred by many south of the border. The treaty grants Mexico 1.5 million acre-feet of river water each year - enough to supply about 3 million homes - making it the lifeblood of Tijuana and other cities in northwest Mexico.

"We have chosen collaboration over conflict; we have chosen cooperation and consensus over discord," said U.S. Interior Secretary Ken Salazar, who called the new pact the most important international accord on the Colorado River since the 1944 treaty.

Mexico will begin to surrender some of its Colorado River allotment when the elevation in Lake Mead drops to 1,075 feet and begin to reap surpluses when it rises to 1,145 feet. Mexico will be allowed to store up to 250,000 acre-feet of water in the reservoir and draw on nearly all of those reserves whenever needed...

"These are big political steps for Mexico to take," said Jeffrey Kightlinger, general manager of the Metropolitan Water District of Southern California, which will buy some of Mexico's water. "Chances are we won't have a surplus and we won't have a shortage, but if we do, we'll have the guidelines in place on how we're going to handle it."

To read the article in its entirety, click here. 

SFRED Weighs in on Oil Shale in the West

Commercial oil shale development in Utah, Wyoming and Colorado would require large volumes of water, threatening Western water supplies and jeopardizing fish and wildlife, according to a report released Thursday by Sportsmen for Responsible Energy Development (SFRED). According to the report, “Water Under Pressure: What Oil Shale Could Mean for Western Water, Fish and Wildlife,” a commercial oil shale industry would ultimately affect river flows and the habitat of native fish. Several important Western rivers – the Green, Colorado, White, Uintah and Duchesne – and the sportsmen who depend on them stand to see significant impacts from large-scale production. Whether it’s endangered and threatened species or the great trout fisheries beloved by anglers across the West, reduced stream flows will have negative repercussions for fish, sportsmen and the region’s outdoors-dependent economy.

An economically viable technology to turn kerogen – a precursor to oil – into a usable fuel is unproven, and the scope of the potential environmental impacts is unclear. But the Government Accountability Office estimates that industrial-scale oil shale production could require as much as 123 billion gallons of water – enough water for a city of more than 750,000 homes. Roads, new power plants and transmission lines would have to be built, causing significant land disturbances and further carving up wildlife habitat already pressured by oil and gas drilling.

“For a resource that lies in the midst of the semi-arid West, with sparse precipitation and few large rivers, it is not clear where the water would come from or how it would affect fish and wildlife,” said Brad Powell, senior policy director for Trout Unlimited’s Sportsmen’s Conservation Project. “With the region’s water supply already strained and facing continued population growth, finding another increment of water for oil shale, while protecting native and sport fisheries, may be an insurmountable challenge.”

Additional research will be needed to determine whether or not oil shale is economically and environmentally feasible.

To read the full article, visit this link.

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