From The Aspen Times (Karl Herchenroeder):
The Federal Energy Regulatory Commission granted Aspen its first three-year preliminary permit for a 1,175-kilowatt hydropower plant on lower Castle Creek in November 2008 and a second three-year permit in March 2012.
City Attorney Jim True recommended allowing the permit to expire on March 1, which would officially put the controversial Castle Creek Energy Center on ice, for now. City officials did, however, agree to continue exploring micro-hydro projects on Castle and Maroon creeks, which True said would involve protection of city water rights.
“We will update you on those issues,” True told the council, adding that there will be more detailed analysis later. “We do believe there are additional protections.”
Will Dolan, the city’s utilities project coordinator, said that if the city were able to install low-head hydro on Maroon Creek, it would allow it to run more water through the existing Maroon Creek hydroplant and “optimize production.” Councilwoman Ann Mullins asked if it will affect streamflows.
“It wouldn’t affect the flow regimes necessarily,” Dolan said. “It would allow us to more fully utilize our water rights, but it wouldn’t create any additional diversion from the stream.”
“These are issues we want to bring back in greater detail,” True said, adding that consultation with federal and city water attorneys is needed.
Councilman Adam Frisch said he believes there is broad community support to explore micro-hydro and called the plan that True laid out “a great step forward.” None of the council members offered objections to True’s recommendation.
“I agree to let it expire, continue the investigation of micro-hydro and have a universal statement on protecting water rights,” Councilman Dwayne Romero said.
In March, the city filed a progress report saying it was still working on the Castle Creek project, despite a November 2012 advisory vote where 51 percent of city voters said the city should stop doing so.
However, in June, the city settled a lawsuit over its water rights for the proposed hydroplant. Both the settlement and a subsequent city council resolution said the city “will not be pursuing or seeking to complete the Castle Creek Energy Center hydroelectric project at this time.”