Nestlé Waters North America 1041 permit renewal hearings on tap October 20, 22, 2020 — The Ark Valley Voice

Location map for Nestlé operations near Nathrop via The Denver Post.

From The Ark Valley Voice (Daniel Smith):

Editors note: This is the first of a three-part series examining the proposal to renew the county 1041 permit for Nestlé Waters North America.

For two days later this month, Oct. 20 and 22, Chaffee County Commissioners will hear from citizens and organizations in public hearings on the proposal to renew a 1041 permit granted to international conglomerate Nestlé Waters North America. If approved, the permit would allow Nestlé to continue to pump and truck local spring water it later sells as bottled water.

The original permit, granted by then-commissioners in 2009 was a controversial decision and the renewal has also generated opposition from activists who want the county to end the agreement.

Basically, the company pumps millions of gallons of water from the Ruby Mountain Spring in the north county annually, pipes it to a collection tank and pump station at Johnson Village, where it is loaded onto tankers, driven to a Denver bottling plant, and sold as Arrowhead Spring Water in plastic bottles.

The original (and current) agreement allows Nestlé to withdraw as much as 65 million gallons of water from the aquifer. However, company officials say Nestlé draws less than half that amount currently.

The original permit granted to Nestlé in 2009 was opposed by many residents, and an organized resistance to renewing the agreement has recently been mounted.

Larry Lawrence, Resource Manager for Nestlé Waters North America spoke with Ark Valley Voice recently about the agreement, what it provided both the company and community, and how the company has met the 1041 permit requirements, which some opponents of renewal dispute.

An engineer by profession, Lawrence has been with Nestlé Waters since 2003, and came to Colorado in 2019. He says he was already aware of the project through technical reviews with earlier resource managers prior to joining this assignment.

Lawrence said an earlier resource manager (Bruce Lauerman) was assigned to this area, and Lawrence took over in 2019. Looking for a water source closer to Denver, he said was a priority.

“The Arrowhead brand was marketed in New Mexico, Colorado, Idaho and a portion of Montana, all from California,” said Lawrence. “In reviews of not only our physical footprint but our carbon footprint and other aspects, where would we want to locate another factory? So Denver was chosen because of the reach we would have from this factory and to cover this market, which was a pretty good size bottled water market,” he added.

The factory was built in 2006, producing Nestlé Pure Life, a purified water from the municipal water system in Denver. Nestlé soon realized they wanted to produce the Arrowhead spring water brand. The prior Nestlé representative reviewed area springs and contacted various water agencies to see if they knew of any potential spring sources.

The Hagen Fish Hatchery on the Arkansas River, no longer in operation, was identified by the Colorado Division of Water Resources. Nestlé reached out to the Hagen family and reached a letter of intent for purchase at that time.

Lawrence said that at that time, they did several different studies. These included hydrological, environmental, and biological, to determine the impact of water collection there, water level withdrawal potential, and to determine the sustainability and volume of the site.

“A-number one for us is we never want to be in a position to where we recommend to the company to purchase a spring source that is non-sustainable,” said Lawrence. “…that would be a huge mistake for us, and it’s not a good business decision at all.”

The sites were studied to confirm a reasonable withdrawal rate to allow for replenishment at a sustainable rate. Another site, Bighorn Spring was reviewed, and because it did not meet replenishment rates, was not developed with Nestlé opting in favor of Ruby Mountain Springs.

Prior to that, Lawrence said other resource managers had looked at many other sites but they were ruled out for various reasons. In some cases it was because the water rights had been sold, even though there was a viable spring. According to Lawrence, springs in the eastern and southern U.S. are quite different than those generally found in the west.

It is an understatement to say that water issues are complex, especially in the west. Once the local site was selected, Nestlé reviewed what local and state government rules were for the permitting process.

The 1041 process in Colorado and in Chaffee County at the time was fairly new, and Nestlé, said Lawrence, was one of the first companies to enter that process.

“The spring here at Ruby Mountain Springs is similar to other mountain springs we see in the west. One of the differences here is we do have the Arkansas River running adjacent to the spring source,” he said.

The Nestlé operation includes the pumping stations at the spring site and long lengths of piping underground connecting to the Johnson Village property. That facility includes a large 30,000-gallon storage tank and pumps. Here, the water is loaded to tanker trucks that weigh about 87,000 pounds when full, which make the trips to the Denver bottling facility.

According to the permit, about 25 truckloads are allowed to run on U.S. 285 daily.

Next, we’ll review some of the issues and local opposition to the Nestlé 1041 renewal.

R.I.P. Eddie Van Halen: “Change, nothing stays the same. Unchained, yeah you hit the ground running”

Eddie Van Halen performing in the late 1970s with his Frankenstrat. By Carl Lender – Flickr: Eddie Van Halen, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=24577973

From The New York Times (Jim Farber):

Eddie Van Halen, whose razzle-dazzle guitar-playing — combining complex harmonics, innovative fingerings and ingenious devices he patented for his instrument — made him the most influential guitarist of his generation and his band, Van Halen, one of the most popular rock acts of all time, died on Tuesday. He was 65.

Mr. Van Halen’s son, Wolfgang, said in a statement that his father had “lost his long and arduous battle with cancer.” The statement did not say where he died.

Mr. Van Halen structured his solos the way Macy’s choreographs its Independence Day fireworks shows: shooting off rockets of sound that seemed to explode in a shower of light and color. His outpouring of riffs, runs and solos was hyperactive and athletic, joyous and wry, making deeper or darker emotions feel irrelevant…

Eddie Van Halen’s 12 Essential Songs

Mr. Van Halen was most widely revered by his peers for perfecting the technique of two-handed tapping on the guitar neck. That approach allowed him to add new textures, and percussive possibilities, to his instrument, while also making its six strings sound as expressive as a piano’s 88 keys or as changeable as a synthesizer. He received patents for three guitar devices he had created. In 2012, Guitar World Magazine ranked him No. 1 on its list of the “100 Greatest Guitarists of All Time.”

“I’m always pushing things past where they’re supposed to be,” Mr. Van Halen told the educational website Zocalo Public Square in 2015. “When ‘Spinal Tap’ was going to 11, I was going to 15,” he said — a reference to that film’s famous joke about a guitarist who dubiously claims that his amplifier can exceed its highest decibel level.

The zest in Mr. Van Halen’s playing paired perfectly with the hedonistic songs and persona of his hard-rocking band, Van Halen, whose original lineup featured his brother Alex on pummeling drums, Michael Anthony on thunderous bass and the singer David Lee Roth, who presented a scene-stealing mix of Lothario, peacock and clown…

Eleven of the band’s studio albums reached the Top Five, and four snagged the top spot on Billboard’s Top 200. Van Halen amassed eight Billboard Top 20 singles, including its cover of Roy Orbison’s “(Oh) Pretty Woman,” which reached No. 12 in 1982, and “Jump,” which seized the No. 1 spot in 1984 and held it for five weeks. In 2007, the band — including both Mr. Roth and Mr. Hagar — was inducted into the Rock & Roll Hall of Fame…

Edward Lodewijk Van Halen was born on Jan. 26, 1955, in Amsterdam to Jan and Eugenia (Beers) Van Halen. His father, a struggling Dutch classical musician who played clarinet, saxophone and piano, met his Indonesian-born wife while on tour in Indonesia.

In 1962, when Mr. Van Halen was 7, his family relocated to the United States, driven away by prejudice against his mother and unfavorable work opportunities in the Netherlands. They settled in Pasadena, Calif. His mother worked as a maid, his father as a janitor while seeking work as a musician.

In a new country, with a new language to learn, the Van Halen sons, Eddie and his older brother, Alex, turned to music as their lingua franca. Eddie first studied classical piano, which he excelled at despite a serious limitation.

#WhiteRiver dam and reservoir project headed for water court trial — @AspenJournalism #ColoradoRiver #COriver #GreenRiver #aridification

A view of the White River between Meeker and Rangely. The Rio Blanco Water Conservancy District and the State of Colorado are headed to a water court trial because they can’t agree on whether the district actually needs the water it claims it does for a reservoir and dam project. Photo credit: Brent Garndner-Smith/Aspen Journalism

From Aspen Journalism (Heather Sackett):

A water court case is headed toward trial because the state of Colorado and a water conservancy district still cannot agree on whether the district actually needs the amount of water it claims it does for a large dam and reservoir project in the northwest corner of the state.

Expert reports from an engineering firm, an aquatic ecologist and an economics firm outline how they say the Rio Blanco Water Conservancy District can and will put its water storage rights to beneficial use. But even after Rio Blanco reduced the amount of water it’s asking for by more than 23,000 acre-feet, a report from Colorado’s top water engineers indicates the district still largely has a project in search of a need.

In their expert report submitted Aug. 31, Deputy State Engineer Tracy Kosloff and Division 6 Engineer Erin Light outline 11 instances where they say Rio Blanco has not met the requirements of state law by showing it has a specific plan and intent for the water it says it needs.

According to the report, Rio Blanco has not shown a need for water above its current supply in the categories of irrigation, municipal use, recreation, maintenance and recovery of endangered species or a back-up water supply to protect against a compact call. State engineers are asking that part or all of the water claimed for these uses be removed from the court’s final decree and deducted from the total water rights claim.

A pre-trial readiness conference is scheduled for Nov. 13. The case is scheduled to go to a 10-day trial starting Jan. 4 in Routt County District Court in Steamboat Springs, but the parties could still reach a settlement before then.

In 2014 Rio Blanco applied for a 90,000 acre-foot conditional water-storage right on the White River and proposed a dam and reservoir between Rangely and Meeker, known as the White River storage project or the Wolf Creek project. The district has now reduced that claim to either 66,720 acre-feet for an off-channel reservoir or 72,720 acre-feet for an on-channel reservoir.

There are two proposed versions of the project: one that would construct a dam and reservoir on the White River (the scale of this project is now rare in Colorado) or an off-channel reservoir at the bottom of Wolf Creek gulch, in the arid sagebrush hills just north of the river.

The conservancy district would prefer to build the off-channel option: a 66,720-acre-foot reservoir, with a dam that is 110 feet tall and 3,800 feet long. An off-channel reservoir would involve pumping water uphill from the river into the reservoir.

Rio Blanco is a taxpayer-supported special district that was formed in 1992 to operate and maintain Taylor Draw Dam, which creates Kenney Reservoir, just east of Rangely. The district extends roughly from the Yellow Creek confluence with the White River to the Utah state line.

A view looking downstream of the White River in the approximate location of the potential White River dam and reservoir. The right edge of the dam, looking downstream, would be against the brown hillside to the right of the photo. Photo credit: Aspen Journalism/Brent Gardner-Smith

Disputed amounts and uses

Rio Blanco says the project should store 7,000 acre-feet annually for irrigation. But Light and Kosloff’s report says according to the 2019 Technical Update to the Colorado Water Plan, the irrigated acres in the White River Basin are projected to decrease in the future, and that this storage project, because it is situated low in the basin, cannot serve the majority of the irrigated lands anyway, which are concentrated upstream along the mainstem of the White River near Meeker and along tributaries like Piceance Creek.

“Per the proposed decree, the applicant is once again requesting the court award irrigation use,” the engineer’s expert report reads. “The engineers continue to contend there is no evidence to suggest that there is a future water need for this purpose.”

Rio Blanco says some of the water would also be used in a future augmentation plan to replace depletions within the district that are out of priority due to a Colorado River Compact curtailment.

Rio Blanco is proposing that 11,887 acre-feet per year be stored as “augmentation,” or insurance in case of a compact call. According to the 1922 Colorado River Compact, the upper basin states (Colorado, Utah, New Mexico and Wyoming) must deliver 7.5 million acre-feet a year to Lake Powell for use by the lower basin states (Arizona, California and Nevada). If the upper basin doesn’t make this delivery, the lower basin can “call” for its water, triggering involuntary cutbacks in water use for the upper basin.

By releasing this replacement water stored in the proposed reservoir to meet these compact obligations, it would allow other water uses in the district to continue and avoid the mandatory cutbacks in the event of a compact call.

But state engineers say compact compliance is a problem to be tackled by the state and not individual water users. And since no one knows exactly how compact compliance would unfold (that’s still to be decided by the Upper Colorado River Commission and the state engineer) it’s not possible for Rio Blanco to have a plan in place for this augmentation water.

Light and Kosloff’s report says there is no recognized beneficial use that allows a water right “to provide water to users outside of Colorado for the purpose of allowing ongoing diversions of water rights within Colorado.”

Rio Blanco claims it needs three years-worth of drought contingency storage for uses within the basin. But state engineers say that there has never been a call on the White River below the town of Meeker, even in the driest years, and the likelihood of the reservoir being able to fill during the runoff season every year is extremely high. Light and Kosloff point out that not even Denver Water or Aurora Water have three times their annual demand in reserve.

The state also says Rio Blanco has overestimated the amount of water the town of Rangely will need, and that the need for the full amount claimed for recreation water is unsubstantiated, as is the need for water for the recovery of endangered fish species.

A view of the White River foreground, and the Wolf Creek gulch, across the river. The Rio Blanco Water Conservancy District and the State of Colorado are headed to a water court trial because they can’t agree on whether the district actually needs the water it claims it does for a reservoir and dam project at this site. Photo credit: Aspen Journalism/Brent Gardner-Smith

No comment from engineers, district officials

State engineers declined to talk to Aspen Journalism about their expert report.

Rio Blanco District Manager Alden Vanden Brink also declined to comment on the state’s opposition, citing concerns about litigation. Vanden Brink also is chair of the Yampa/White/Green River Basin Roundtable and sits on the board of the Colorado River Water Conservation District.

But another roundtable member says the project doesn’t hold water. Deirdre Macnab owns 4M Ranch, which is adjacent to the proposed project site, and was until recently the sole remaining opposer in the case. She recently pulled out of the formal water court process, citing mounting legal costs, but still opposes the project.

“Families living in western Rio Blanco County should be aware that a project that the professionals say doesn’t show any justification would put them in debt for years, and not just paying for the hundreds of millions in construction costs, but also almost a million dollars every year in electricity costs to pump the water up and over the dam,” Macnab said in a written statement. “Do Rio Blanco citizens really think this is in our economic best interests?”

Despite the state opposing the current project proposal, since 2013 it has also given roughly $850,000 to Rio Blanco in the form of Colorado Water Conservation Board grants to study the project. The Colorado River Water Conservation District has also given Rio Blanco $50,000 to investigate the feasibility of the project.

River District General Manager Andy Mueller said the multi-purpose water uses outlined in the project is the way water projects should be put together.

“Identifying the right-size project for the White River is still very important,” he said. “The specifics about the White River storage project as it’s currently proposed I think are things that still need to be worked out.”

Aspen Journalism is a local, nonprofit, investigative news organization covering water and rivers in collaboration with The Steamboat Pilot & Today and other Swift Communications newspapers. This story ran in the Oct. 6 edition of The Steamboat Pilot & Today.

White River Basin. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69281367