Compromise Will Bring Conclusion to Federal Lawsuit on Chimney Hollow Reservoir — @Northern_Water

This graphic, provided by Northern Water, depicts Chimney Hollow Reservoir, located southwest of Loveland, after it is built.

Here’s the release from Northern Water:

The Northern Water Municipal Subdistrict has voted to approve a settlement of a federal lawsuit over Chimney Hollow Reservoir.

In a meeting Wednesday, the Municipal Subdistrict Board voted 10-1 to authorize its participation in the settlement.

The settlement means construction of Chimney Hollow Reservoir will begin this summer and the Colorado River Connectivity Channel in Grand County next year. In return, the Municipal Subdistrict will contribute $15 million to a foundation to pay for projects that enhance the Colorado River and its many watersheds in Grand County.

“This settlement shows there is an alternative to costly litigation that can provide benefits both to the environment in Grand County and the Colorado River, as well as acknowledging the need for water storage,” said Northern Water General Manager Brad Wind.

The compromise will bring to a close a lawsuit in federal court filed by Save the Colorado, Save the Poudre, WildEarth Guardians, Living Rivers, Waterkeeper Alliance and the Sierra Club in October 2017. The suit challenged the permit issued by the Bureau of Reclamation and Army Corps of Engineers for the construction of Chimney Hollow Reservoir. On Dec. 19, 2020, the federal court ruled against the environmental organizations. The ruling was then appealed in February, and as part of the appeals process, both sides were required to engage in court-ordered mediation, which resulted in this settlement.

Chimney Hollow Reservoir, the key component to the Windy Gap Firming Project, will bring a reliable water supply to the 12 municipalities, water providers and utilities paying for its construction as well as provide a much-needed recreation area to be managed by the Larimer County Department of Natural Resources. Chimney Hollow Reservoir will be located in a dry valley just west of Carter Lake in southwest Larimer County and will store 90,000 acre-feet of water from the Windy Gap Project for use by 12 participants, including Broomfield, Platte River Power Authority, Longmont, Loveland, Greeley, Erie, Little Thompson Water District, Superior, Louisville, Fort Lupton, Lafayette and the Central Weld County Water District. Chimney Hollow Reservoir will make the Windy Gap water supply serving those participants more reliable and meet a portion of their long-term water supply needs. Each participant will also enact a water conservation plan to comply with state law and permit requirements.

The compromise will also move forward other environmental measures related to the Project, including the Colorado River Connectivity Channel, a newly proposed channel around the existing Windy Gap Reservoir to reconnect the Colorado River above and below the reservoir. The channel will restore the ability for fish, macroinvertebrates, nutrients and sediment in the river to bypass the reservoir. Many other environmental protections are included, such as improving streamflow and aquatic habitat in the Colorado River, addressing water quality issues, providing West Slope water supplies and more.

The Northern Water Municipal Subdistrict negotiated with Colorado River stakeholders to develop this package of environmental protections and received a permit from Grand County and approvals from others, including Trout Unlimited and the State of Colorado, to move forward with the Project.

Water storage such as Chimney Hollow Reservoir was specifically identified in the Colorado Water Plan as a necessary component for Colorado’s long-term water future. It joins conservation, land use planning and other solutions to meet future water needs in the state. To learn more about the project, go to http://www.chimneyhollow.org.

From The Colorado Sun (Michael Booth):

Northern Water will begin construction of the 25-story Chimney Hollow dam this summer.

complex Front Range dam-building project that includes transferring water from the Colorado River will move forward this summer after Northern Water agreed to a settlement putting $15 million in trust for waterway improvements in Grand County.

Environmental opponents begrudgingly accepted the mediated settlement of their lawsuit against Northern Water’s Windy Gap Firming Project, which involves a menu of waterworks construction including Chimney Hollow dam near Loveland and rerouting the Colorado River around Windy Gap Dam near Granby.

The settlement resolves litigation in the federal 10th Circuit Court of Appeals, and Northern Water said it now can begin construction of the 25-story Chimney Hollow dam this summer. The dam will plug the northern end of a dry valley northwest of Carter Lake. It will eventually be filled using Colorado River rights purchased by municipalities that are members of Northern Water. The Northern Water rights can be tapped only when Grand County is wet enough to supply other, higher priorities first…

An alliance of environmental groups opposing the project wants to stop any more transfers of Western Slope water, which would ordinarily flow west in the Colorado River, to Front Range reservoirs that supply growing Colorado cities and suburbs.

In the case of Chimney Hollow and Windy Gap, the environmentalists say damage has already been done to the Colorado River in Grand County, and the settlement can help them reverse some of the hurt…

An aerial view of Windy Gap Reservoir, near Granby. The reservoir is on the main stem of the Colorado River, below where the Fraser River flows into the Colorado. Water from Windy Gap is pumped up to Lake Granby and Grand Lake, and then sent to the northern Front Range through the Adams Tunnel. Photo credit: Aspen Journalism

The Northern Water Municipal Subdistrict Board voted 10-1 Wednesday to participate in the settlement. A federal district court had rejected the environmental groups’ challenge of permits for the Windy Gap and Chimney Hollow projects issued by Army Corps of Engineers, and mediation was required as part of the appeal.

Chimney Hollow water will be used by 12 of Northern Water’s members: Central Weld County Water District, Little Thompson Water District and the Platte River Power Authority, and the cities of Broomfield, Erie, Fort Lupton, Greeley, Lafayette, Longmont, Louisville, Loveland and Superior. The members say they need more water storage to accommodate future growth in homes, industry and agriculture.

This graphic from Northern Water shows the lay out of the Windy Gap Firming Project. The River District has voted to spend $1 million on the Colorado River Connectivity Channel, an aspect of the project meant to mitigate impacts from the dam and reservoir.

From KUNC (Luke Runyon):

Environmental groups, including WildEarth Guardians, Save the Colorado, Save The Poudre, Sierra Club, Living Rivers, and the Waterkeeper Alliance, filed a lawsuit in Oct. 2017 challenging the project’s federal permits. A federal judge in Dec. 2020 ruled against the environmental groups.

In a settlement reached with Northern Water — the agency pursuing Windy Gap on behalf of a municipal subdistrict of Front Range water providers — the environmental coalition agreed to withdraw their lawsuit, while securing $15 million for projects aimed at improving water quality, river health and fish habitat. The Grand Foundation in Grand County, Colo. will be the recipient of those funds. An advisory panel will be made up of representatives appointed by Northern Water and the environmental groups, and will decide how the money is spent. The funds will be issued in installments as the project is built…

The additional environmental mitigation joins other projects already negotiated between Grand County, Trout Unlimited and Northern Water, among other partners…

That previously agreed to package of environmental mitigation includes the Colorado River Connectivity Channel, which is to be constructed around the existing Windy Gap dam and reservoir, and is designed to reconnect a portion of the Colorado River below its confluence with the Fraser River. The channel is meant to allow for more natural conditions to return, like allowing sediment to move downstream and providing more habitat for fish and aquatic insects. Monitoring programs and riparian restoration were also a part of the deal negotiated among those parties.

The connectivity channel was a recent recipient of a $1 million grant from the Colorado River District, becoming the first project to receive funds generated from ballot question 7A which appeared on the Nov. 2020 ballot in the district’s boundaries…

Despite the additional funding, representatives from the environmental coalition that sued to halt construction remained alarmed about the project’s legal success, and said the $15 million is a drop in the bucket…

Northern Water plans to begin construction on the Chimney Hollow dam this summer and on the Colorado River Connectivity Channel in 2022.

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