Farmers agree to tax those who deplete groundwater — The High Country News

Sunrise over the Sangre de Cristos, overlooking the San Luis Valley, April 11, 2015
Sunrise over the Sangre de Cristos, overlooking the San Luis Valley, April 11, 2015

From The High Country News (Cally Carswell):

Instead of denying or ignoring the problem, [San Luis Valley] farmers are facing the fact that agriculture has outgrown its water supply. They admit they must live within new limits, or perish. Determined to avoid state intervention, they’ve created an innovative irrigation market, charging themselves to pump and using that money to pay others to fallow their land. Thousands of acres have come out of production, and their sights are set on fallowing tens of thousands more.

Brian Brownell is among those cutting back. When I visited last September, the valley’s potato harvest was in full swing, and dust clouds over fields where farmers were exhuming spuds were visible from miles away. Dust also levitated above a field on Brownell’s farm, but nothing was being harvested. Instead, the Sudan grass he’d planted was being hacked to pieces and tilled into the soil. He’d received $96,000 for putting 480 of his 1,680 acres into this “green manure” instead of a more water-hungry and profitable commercial crop.

“Everybody’s pumping too much water,” he said. His gray sideburns bristled on tanned skin, and his lips curved down in thought. “People have to start to buy in to the community thing, instead of ‘me,’ ‘my farm,’ ‘my deal.’ ”

This time, farmers are scrambling to save local agricultural not from outsiders who covet their water, but from themselves.

“It’s only going to work,” said Brownell, “if everybody does something to save the water.”

The San Luis Valley’s 8,000 square miles are flat as plywood, hemmed in by the San Juan Mountains to the west, and to the east by the Sangre de Cristos, a dramatic wall of serrated peaks edged by sand dunes that seem plucked from a North African desert. The valley’s 46,000 residents live in scattered small towns, beneath lonely willows and cottonwoods, and around highway outposts where a few stores merit a mark on a map. It’s a tough place to live, and attracts some unconventional folks: The valley is home to hot springs (and a communal kitchen) frequented by nudists, an alligator farm, a community of 1,500 with 23 spiritual centers, and a UFO watchtower unimpaired by light pollution, where camping costs $10 a night.

But mostly, there are farms — big ones. The center-pivot sprinklers here are among the most tightly packed in the world, and their hulking aluminum spines give the valley floor the illusion of topography. The annual harvest — largely potato, barley and alfalfa — is worth some $300 million, and without it, a number of the towns probably wouldn’t exist. There are no mines, no ski resorts, no gas wells. Alamosa, the biggest town at 8,937 residents, boasts a small college and a hospital. Almost everything else — the fertilizer and tractor dealers, the Safeway, the county governments and K-12 schools — is supported primarily by money from the fields.

At a more basic level, everything runs on irrigation water. From the 1850s, when Hispanic settlers dug the first ditches, until the 1950s, most of that water was diverted from the Rio Grande and its tributaries and flooded onto fields. Then, drought and technological innovation spurred a well-drilling boom. Groundwater nursed crops through dry years and the late season, when rivers shrank. Soon, center-pivot sprinklers were hooked up to wells, watering crops evenly and efficiently all season long, and many farmers started irrigating exclusively with wells, using river water merely to recharge the aquifer. Marginal land became profitable, crop yields — and water consumption — grew, and large-scale commercial agriculture came into its own.

For decades, the Colorado Division of Water Resources, also called the State Engineer’s Office, granted well permits as generously as dentists dispense toothbrushes, ignoring basic hydrology. The water in the ground and the rivers was connected, and voracious well-pumping could lower streamflows — a serious problem, since the river water was already claimed. Following the logic of prior appropriation — the Westwide system that gives priority to those with the oldest water rights — wells that were connected to streams should only pump after older river irrigators are sated. But the opposite happened. In the late ’60s, the state clamped down on river irrigators to comply with the Rio Grande Compact, which requires Colorado to leave water in the river for Texas and New Mexico. Well owners, meanwhile, pumped happily away.

In 1975, the State Engineer tried to phase out a slew of wells, but a court encouraged a softer approach. Wells were drilled in the valley’s “closed basin,” where streams don’t drain to the Rio Grande. They sipped gingerly from a high water table, “salvaging” what would otherwise evaporate and piping it to the river. The Closed Basin Project seemed like a win-win: Wells kept pumping, river irrigators got water, and regulators backed off. It produced less water than expected, but the ’80s and ’90s were so wet that few people cared. Mother Nature bought rounds for everyone.

Cortez: Solids from county jail causing back ups

Wastewater lift station
Wastewater lift station

From the Cortez Journal (Tobie Baker) via The Durango Herald:

Montezuma County inmates are under suspicion, but not for unlawful activity.

Cortez Sanitation District officials suspect that inmates at the 104-bed Montezuma County Jail are flushing items in their jail cells, plugging a pumping station or contaminating the wastewater-treatment facility.

“We get a ton of Ramen noodle packages,” CSD manager Tim Krebs told board members at a monthly meeting last week.

Krebs initially relayed his concerns to CSD board members in December, reporting that plastics and other debris from the detention center had been an ongoing problem.

Vici Pierce, detention captain at the Montezuma County jail, confirmed that inmates were allowed to purchase Ramon noodles from the commissary, but said she was unaware of any sanitation district complaints until notified by The Journal.

“Garbage bags are provided in each unit, and inmates are instructed to use them for the disposal of their trash items,” Pierce said.

Several years ago, a garbage grinder was installed in the jail’s sewer system to help alleviate improper trash disposal.

According to Krebs, that grinder pump on Driscoll Street failed, and after it was repaired recently, sanitation officials started to observe bits of plastic in the district’s treatment facility on South Broadway about four miles south.

Krebs said the grinder pump was recently taken offline at the district’s request to help staff determine whether the inflow of debris could be minimalized.

“The smaller plastics have disappeared in parts of the plant, but now larger plastics are filling up the bar screen at the lift station,” Krebs said.

Krebs said sanitation crews now make two trips per day to the district’s north pumping station to manually clear a screen that captures the plastics. Officials indicated the screen was routinely plugged when crews responded.

#WOTUS: Federal court stay still in effect, President Obama’s veto this week adds to the uncertainty

From The Greeley Tribune (Nikki Work):

After both houses of Congress passed a joint resolution to nullify the controversial Clean Water Rule, commonly known as Waters of the U.S., President Barack Obama vetoed the bill Tuesday. The Senate tried to keep the resolution alive in a cloture vote Thursday, but majority leader Sen. Mitch McConnell, R-Ky., was unable to secure the necessary three-fifths majority needed to overturn the veto.

Waters of the U.S., a rule which went into effect in August of this past year, clarifies the jurisdiction of the Environmental Protection Agency and the Department of the Army under the Clean Water Act in cases of smaller bodies of flowing water.

The rule has come under fire by many industries, including agriculture, oil and gas, construction and more, for its vague terminology and ambiguity. Critics of the rule call it overreaching and say it may give the government too much control over small waterways like irrigation ditches, augmentation ponds and even waterways that sit empty for parts of the year.

On Aug. 28, 2015, the day the rule went into effect, so did an injunction protecting 13 states, including Colorado, from its reach. In October, the Sixth Circuit Court of Appeals approved an injunction, staying the rule’s power until further review. In that ruling, the court decided “the sheer breadth of the ripple effects caused by the Rule’s definitional changes” was reason enough to stay implementation of Waters of the U.S.

Even though the injunction is keeping the Waters of the U.S. at bay right now, it’s the uncertainty of how long it will stay that way that’s worrying farmers…

Sen. Michael Bennet, D-Colo., voted against S.J. 22 initially and voted against cloture. In a statement from the Senator’s office, spokesman Philip Clelland said Bennet plans to continue to work with Coloradans to balance the need for regulation and the desire for regulations to not be burdensome.

Since this bill is off the table, the next steps for Congress to address Waters of the U.S. lie in other legislation. Gardner said he supports a bill in the works to send the Clean Water Rule back to the EPA for rewrites.

streamflowaspenjournalism
Photo via Brent Gardner-Smith, Aspen Journalism