From The Loveland Reporter-Herald (Pamela Johnson):
Representatives of two of the utilities that hope to store water in Chimney Hollow say that if a lawsuit filed to halt the reservoir is successful it may not stop the water from being diverted from the Colorado River, and a leading conservation group says the lawsuit will hurt the river not help it.
“It could mean that instead of one big project that holds the 90,000 acre feet, participants use a bunch of smaller options (for water storage),” said Michael Cook, district manager of the Little Thompson Water District, one of 13 participants in the reservoir project led by Northern Water.
The participants already own the supply of water, called Windy Gap, that would be diverted into the reservoir. However, they do not have a place to store it during years when water is plentiful for use in dry years when it is needed.
This reservoir would provide that storage to firm up the supply, which is why it also is called the Windy Gap Firming project.
The Little Thompson Water District accounts for about 6 percent of the overall project and has been using some of its Windy Gap water each year.
The city of Loveland, which owns 10.5 percent of the water, has used it infrequently but is relying on the water, which it purchased with money from a bond, for future water needs as the city grows.
The city needs a place to store this water to firm up the supply and would be forced to look at other storage options for its Windy Gap water if the lawsuit were to prevail, said Larry Howard, the city’s water resources manager…
However, he, like Werner, expressed confidence that the 14-year permitting process was sound and that the reservoir project will go forward despite the lawsuit, which was filed Thursday.
An attorney for Trout Unlimited, too, expressed doubt that the lawsuit will stop the project, stating that, despite the lawsuit, water will continue to be diverted from the Colorado River as populations grow and other solutions are needed to turn the tide.
“This lawsuit likely won’t stop Windy Gap, but it could succeed in delaying real solutions to the problems,” Mely Whiting, attorney for Trout Unlimited, said in a written statement. Trout Unlimited was a leading participant in negotiations for mitigation and conservation efforts included in the project.
“Habitat restoration projects and other solutions are already being implemented and showing great success in improving the health of the Colorado River. That’s why many conservation groups who’ve been working the longest on this problem support our collaborative approach.
“These solutions offer the best hope for keeping the valuable resources of the Upper Colorado alive. This short-sighted lawsuit would only delay progress.”