Day: May 4, 2024

Will More Funding Be Directed to #Colorado Water Projects? — The Buzz

Central City back in the day

Click the link to read the article on The Buzz website (Floyd Ciruli):

May 2, 2024

Colorado voters may be asked to direct more sports gaming revenue to water conservation projects.

Jerd Smith of Fresh Water News reports on new legislation with bipartisan support including House speaker Julie McCluskie that will refer a ballot issue to voters in November. It will shift any gaming revenue over a $29 million cap in the original ballot proposition to water projects.

I said the measure should pass with leadership support and that voters are likely to be supportive.

  1. Voters are concerned about water conservation
  2. The measure would not expand gaming or increase taxes
    • Gaming interests (Fan Duel or DraftKings) are not opposed
    • Environmental interests appear supportive

“While the original sports betting ballot measure received tepid support, the tax question, if it makes the ballot, may win broader support due to ongoing voter concerns about water conservation and protection and the high-profile crisis on the drought- stressed Colorado River, veteran pollster and political analyst Floyd Ciruli said.

“I have not seen any polls that negate what we knew strongly back then, that water conservation and water protection are environmental issues that Coloradans care strongly about,” he said.”

Link to article: Colorado voters may be asked to send more sports betting money to water projects

3 counties contribute $4 million for Shoshone water rights — #Aspen Daily News #ColoradoRiver #COriver #aridification

Shoshone Falls hydroelectric generation station via USGenWeb

Click the link to read the article on the Aspen Daily News website. Here’s an excerpt:

April 26, 2024

During their respective board meetings on Tuesday, Grand County committed $1 million through their Open Lands, Rivers and Trails grant fund; Eagle County expressed its intent to commit $2 million; and Mesa County, $1 million, the press release said. As longtime partners in the Shoshone Water Right Preservation Coalition, these counties represent some of the most populous Western Slope communities from the Colorado River’s headwaters to the state line…

The owner of the Shoshone rights is entitled to “call” for up to 1 million acre-feet of Colorado River water a year. When the Shoshone right calls, some upstream users must leave water in the river so it runs down to Glenwood Canyon, boosting flows. The hydro plant uses the water for power generation and then returns it to the river, meaning the rights also benefit flows downstream of the plant.  While Xcel would continue using the water for power production after the sale, the river district is also seeking an instream flow agreement with the state of Colorado, which would allow it to use the water rights simply to prop up river flows even when the plant’s turbines are inactive. 

#Aurora Water eyes its biggest storage bucket yet — Fresh Water News #SouthPlatteRiver

Eleven Mile Canyon. By Jay Miller from Fly to Eleven Mile Canyon just outside Colorado Springs – Flickr, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=7679044

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

May 2, 2024

Fast-growing Aurora plans to develop a new 200-acre site high in scenic Park County to build the largest reservoir in its system.

The $600 million-plus Wild Horse Reservoir project would store 93,000 acre-feet of water and be nearly twice the size of the city’s existing Park County storage pond, Spinney Mountain Reservoir, which holds 53,651 acre-feet of water. An acre-foot equals nearly 326,000 gallons of water, enough to serve at least two to four urban households for one year.

The proposed reservoir is among the latest moves by the city to secure future water supplies to meet growth-driven demand as streams and rivers shrink because of climate change.  

Aurora, the third largest city in Colorado, is home to nearly 400,000 people and is expected to add some 300,000 more by 2070, according to the city’s website.

Pre-permitting discussions on the project have begun, according to Aurora Water spokesperson Greg Baker, and the process is expected to take at least two years. The reservoir is part of a larger water supply strategy that includes a recent $80.4 million purchase of farm water in the Arkansas River Valley, a deal that is drawing opposition from the Pueblo-based Southeastern Colorado Water Conservancy District.

Park County Commissioner Amy Mitchell declined to comment on the Wild Horse proposal, citing the county commission’s legal responsibility to review it under what’s known as a 1041 permit review, a process that gives the county the ability to approve or reject construction projects. That review could happen as early as next year, she said.

Like other cities, Aurora officials say they need to move quickly now to ensure residents and industry will have enough water in the future.

“Are we moving fast? If the opportunity is there, yes, we are taking it. Water will only become more difficult and expensive to obtain,” Baker said.

Aurora raw water facilities. Credit: Aurora Water

Other major new storage projects are being planned by cities along the Front Range, with Parker Water and Sanitation District hoping to build a 72,000 acre-foot reservoir in northeastern Colorado as part of a new municipal farm-water collaboration known as the Platte Valley Water Partnership.

The Aurora and Platte Valley projects are expected to be completed in roughly 10 to 15 years.

For Aurora, the Wild Horse project will provide more opportunities to store water it already owns in the Upper Colorado, the Arkansas and South Platte river basins, and to move that water around, Baker said.

The site lies south and east of Spinney Mountain Reservoir.

Prairie Waters schematic via Aurora Water.

The city has a large-scale recycled water program known as Prairie Waters, which operates by claiming treated wastewater Aurora owns from the South Platte River on the Eastern Plains, filtering it through a series of gravel beds and then piping it back to Aurora’s water treatment facility where it is purified and mixed with fresh water and then delivered to residents and businesses.

But as the water is reused and becomes more concentrated, salinity levels rise, which means less water can be treated and reused. Wild Horse would allow more fresh water to be sent down the river, providing more “blend water” for Prairie Waters and expanding the amount of reused water Aurora Water can deliver to its customers, Baker said.

Water storage reservoirs have drawn fierce environmental opposition in the past 50 years, according to Ron Redd, manager of the Parker Water and Sanitation District.

In the past, water utilities would dam rivers, forever altering the ecosystem and harming water quality.

Parker and Aurora hope these new reservoirs will have fewer environmental impacts and won’t set off as many alarm bells because, in part, they won’t dam rivers or streams, Redd and Baker said. Instead, pipelines will be used to deliver water to the storage ponds.

The City of Greeley walked away from an expansion of its Milton Seaman Reservoir on the North Fork of the Cache La Poudre River in 2021, deciding instead to develop a groundwater and aquifer storage project beneath the Terry Bison Ranch, something the city believes will be easier to do and will give it more flexibility in managing its water supplies, according to Sean Chambers, director of Greeley’s Water and Sewer Department…

More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.

Environmental Protection Agency Announces Final Rule to Protect Water Quality Where Tribes have Treaty and Reserved Rights

North American Indian regional losses 1850 thru 1890.

Click the link to read the release on the Environmental Protection Agency website:

May 2, 2024

WASHINGTON  – Today, May 2, the U.S. Environmental Protection Agency (EPA) announced a final rule that will help protect water quality where Tribes hold and assert rights to aquatic and aquatic-dependent resources. For the first time, this action establishes a clear and consistent national framework for EPA and states to consider Tribal treaty and reserved rights when establishing Water Quality Standards under the Clean Water Act. In addition, this rule advances the Biden-Harris Administration’s commitment to uphold the United States’ treaty and federal trust responsibility to federally recognized Tribes. When implemented, this final rule will better protect waters that Tribes depend on for fishing, gathering wild rice, cultural practices, and other uses.

“President Biden is committed to ensuring that all people have access to clean and safe water. Strengthening our regulations to support Tribes and protect precious water resources is essential,” said EPA Administrator Michael S. Regan. “With this action, EPA is establishing clear rules of the road that will support healthier Tribal communities. We look forward to partnering with Tribes and our state co-regulators to implement Clean Water Act protections consistent with Tribal treaty and reserved rights.”

Historically, EPA has addressed Tribal reserved rights under the Clean Water Act on a case-by-case basis in state-specific actions. This practice fostered uncertainty for Tribes, states, and entities seeking to comply with Clean Water Act requirements. EPA’s final rule provides clarity and transparency by revising the federal water quality standards regulation to better protect Tribal reserved rights under the Clean Water Act. With this action, EPA is ensuring that water quality standards are established taking into consideration Clean Water Act-protected aquatic and aquatic-dependent resources where Tribes hold and assert rights to those resources under federal treaties, statutes, or executive orders. This final regulatory framework will be applied consistently while accounting for local conditions and factors to inform the development of specific water quality standards.

With this action, EPA is honoring the federal trust responsibility and striving to protect Tribal reserved rights related to water resources, consistent with commitments outlined in the agency’s 2021 action plan, Strengthening the Nation-to-Nation Relationship with Tribes to Secure a Sustainable Water Future.

“The Tribal Reserved Rights rule protects the rights of Tribal citizens, accorded by treaties, statutes, and other federal laws, to hunt, fish, and gather food in their usual and accustomed territories—including areas under state jurisdiction,” said National Tribal Water Council Chairman Ken Norton. “When treaties are honored as the highest law of the land, as the Constitution directs, it is a victory for Tribes across the nation.”

“Upholding treaty reserved rights in Ceded Territories is the right thing to do, both for Tribal members and the environment. As stressors such as climate change, pollutants and development harm the environment, it is increasingly important for Tribal members to have the opportunity to exercise their rights in Ceded Territories,” said Leech Lake Band of Ojibwe Environmental Director, Brandy Toft. “It is our hope that this rule will assist to preserve the Leech Lake Band of Ojibwe’s treaty protected right to harvest resources, such as fish and wild rice for subsistence, for generations to come.”

“In the Anishinaabe (or Ojibwe) language, gibimaaji’igomin nibi means ‘water is life,’” according to Jason Schlender, Executive Administrator of the Great Lakes Indian Fish and Wildlife Commission (GLIFWC). “Anishinaabe people recognize that clean water sustains the more-than-human relatives (natural resources) that they rely on to continue their lifeways. It was these lifeways that our member Tribes were protecting when they reserved the right to hunt, fish, and gather on land that they ceded (or sold) in treaties with the United States. GLIFWC welcomes federal actions that will ensure that water quality is improved and sustained to ensure the continued health of our more-than-human relations.”

“Elwha Tribe is pleased that the federal rule will ensure that Tribes will be heard,” said Lower Elwha Klallam Tribe Vice-Chairman Russell N. Hepfer. “I always advocate for consultation to occur early and often. Water quality is important for our human health and for our resources. More important for our future generations. Elwha Tribes looks forward to consultation with EPA as this rule is implemented.”

The final rule will be effective 30 days after publication in the Federal Register. Learn more about EPA’s final Tribal Reserved Rights rule.

Background

Water quality standards define the water quality goals for a waterbody and provide a regulatory basis for many actions under the Clean Water Act, including reporting on water quality conditions and status; developing water quality-based effluent limits in National Pollution Discharge Elimination System permits for point-sources; and setting targets for Total Maximum Daily Loads.

Big River Updates — #ColoradoRiver District #COriver #aridification

The Upper Basin’s alternative, summed up. Source: Upper Colorado River Commission.

Click the link to read the newsletter on the Colorado River District website:

April, 2024

View the complete public packet including all staff memos by clicking HERE (.pdf)

It has been a busy few months in the interstate and federal arena on the Colorado River. Last fall, Commissioner of the Bureau of Reclamation (BOR) requested that the seven basin states present a consensus-based proposal to the Bureau of Reclamation containing the states’ collective desire for future operational guidelines for Lakes Powell and Mead.

The Commissioner had requested that this consensus modeling proposal be submitted no later than March 11, 2024. Unfortunately, the seven states were unable to reach a consensus. In fact, the Lower Division States stopped showing up to meetings with the Upper Division States back in mid-January, making it very hard to reach a seven-state consensus. The Upper Division States and the Lower Division States submitted modeling proposals the week before the March 11 deadline.

Those proposals can be found HERE (Upper Division) and HERE (Lower Division) respectively.

“These proposals are pretty far apart in a lot of ways,” said Dave “DK” Kanzer, Dir. of Science and Interstate Matters for the River District. “But they all include some significant reductions in the Lower Basin.”

  • The Upper Division States propose operating Lake Powell based how full Lakes Mead Powell is October 1st. In their proposal, reductions in the Lower Basin use are dependent on an October 1 Combined Storage Trigger for Lakes Powell and Mead.[1]
  • The Upper Division States also discuss “parallel activities” within the Upper Basin which are not part of the federal action or alternatives recommended to be modeled as part of the Post-2026 NEPA process but which may complement the proposal in the future. These include:
    • Releases from Flaming Gorge, Navajo, and Aspinall Unit; and
    • Pursuing a voluntary, temporary, and compensated conserved consumptive use program.

Lower Division States Proposal

  • The Lower Basin proposes a “total system contents method” which bases reductions on volumes of water contained within seven Upper and Lower basin reservoirs[2] rather than on Lake Mead and Lake Powell elevations.
  • The Lower Basin proposal acknowledges what it refers to as the “structural deficit” and commits to reducing Lower Basin water use by up to 1.5 million acre-feet each year when system storage dips below 58% with optional reductions before that.
  • However, when combined system storage dips below 38%, the Lower Basin proposal asks that additional cuts be split evenly between the Upper and Lower Basins.
  • The Lower Basin proposal’s release criteria for Lake Powell are based on reservoir contents in the Upper Basin (Flaming Gorge, Navajo, Blue Mesa, and Lake Powell).

So what does that mean?

The Upper Basin proposal charts a reasonable path forward for the basin. It acknowledges the hydrologic realities of the river as well as the long-standing impacts to communities and industries who have already dealt with decades of involuntary reductions by living within what the river provides each year.

“Living within the hydrology is something we do here in the Upper Basin every year,” said Andy Mueller, Colorado River District General Manager. “Water users like those in the Uncompahgre Valley Water Users Association have to take a guess at how much water his water users are going to be able to have each year. And until perhaps last year, no one in the Lower Basin has ever been faced with that decision.”

On the other hand, the Lower Basin proposal would unfairly burden the Upper Basin when storage volumes are low by forcing reductions in use in the Upper Basin that are equivalent to reductions in the Lower Basin – even though the Lower Basin’s consumptive use far exceeds use in the Upper Basin by millions of acre-feet. It does not recognize the imperative to live within the hydrologic realities. This approach continues to use failed and outdated math and is unrealistic about the future of the river under the impacts of climate change.

Other Proposals

More recently, at least three other proposals of note were submitted to the Bureau of Reclamation for consideration:

  • A group of 20 of Colorado River basin tribes submitted a set of guiding principles to Reclamation that strongly suggests policy changes to address (HERE) the historical lack of Indigenous voices in the discussion and decision-making processes regarding Colorado River issues and calls for equitable representation.
  • Seven environmental organizations submitted a proposal (HERE) to Reclamation that outlines new flexible operational rules based upon reservoir storage thresholds and climatic conditions. Furthermore, they propose specific stewardship targets related to Grand Canyon flows, endangered fish recovery, and the Colorado River Delta. To support these targets, they propose creating an environmental water bank via purchase and/or conservation actions that would be operated independently from the abovementioned operational thresholds to meet environmental goals.
  • A group of independent water professionals that includes Professors Jack Schmidt and John Fleck along with CRD’s former General Manager, Eric Kuhn, submitted a proposal (HERE) to Reclamation that suggests a new flexible accounting concept be implemented that would allow storage credits to be created and transferred without impacting Colorado River compact accounting. It also suggests creating a new authority under an expanded Glen Canyon Dam adaptive management program and Federal Advisory Committee to enable more operational flexibility to meet multiple objectives beyond water supply objectives.

[1] The Trigger is calculated using Lake Powell and Lake Mead’s Storage volume (live storage below flood control elevations) by subtracting a threshold volume from the total live storage. The threshold volume for Lake Powell is 4.2 MAF. The threshold volume for Lake Mead is 4.5 MAF. The threshold volume for the two reservoirs combined is 8.7 MAF.

[2] For purposes of this Lower Basin Alternative, “total system contents” is the total volume of water in live storage within Flaming Gorge Reservoir, Blue Mesa Reservoir, Navajo Reservoir, Lake Powell, Lake Mead, Lake Mojave, and Lake Havasu.

Navajo government asks Biden admin to stop uranium transport across Navajo Nation — KNAU

Graphic credit: Environmental Protection Agency

Click the link to read the article on the KNAU website. Here’s an excerpt:

May 1, 2024

Navajo leaders signed onto legislation Tuesday asking President Joe Biden to use his executive authority to halt uranium transportation on the Navajo Nation ahead of some of the first scheduled trips. The Pinyon Plain Mine near the South Rim of the Grand Canyon began production in December. Mine owner Energy Fuels is expected to transport uranium ore on highways through northern Arizona and the Navajo Nation to a southern Utah mill. The legislation emphasizes the historic impact uranium mining has had on the Navajo people.

“During the Cold War, the demand for uranium surged, prompting extensive mining operations on Navajo lands without adequate environmental safeguards, resulting in lasting devastation to land, water, and public health, including high rates of cancer and other illnesses among Navajo uranium miners and their families.”

2024 #COleg: Common Sense Solutions to Protect #Colorado’s Children — Colorado Times Recorder

Denver smog. Photo credit: NOAA

Click the link to read the guest column on the Colorado Times Recorder website (Heather De Keyser):

May 3, 2024

Colorado’s air is not as clean as it may seem, and the youngest lungs among us are paying the price.  I witness the consequences of Colorado’s inadequate action on air quality daily as a pediatric lung specialist.

The new legislative efforts led by community, advocates and our elected leaders pave the way for a healthier future for our children.

I’ve dedicated my career to studying and treating respiratory issues in children and have seen firsthand the damage caused by unchecked pollution. Children living near habitual polluters are more susceptible to developing long-term health issues such as asthma and other breathing disorders. And all children are at higher risk from pollutants entering their developing lungs.  Because of this, when air quality is especially poor, all children are considered a high-risk group. I’m left with telling children to stay at home and stay inside on beautiful Colorado days, because the air is not safe for them to breathe. This is not merely a professional observation but a personal plea for action.

This package of bills represents hope – a framework to reduce hazardous emissions from Colorado’s biggest sources of ozone-forming pollution. Our leaders must not turn a blind eye to the problem; they must take action to require better corporate practices and extend oversight like never before.

If we ignore the realities of poor air quality on our children, we are not merely overlooking unsafe air quality metrics, but disregarding the longevity and quality of life for Colorado’s kids. 

The responsibilities of my profession extend beyond the walls of a clinic. The efforts to mitigate ozone do not strive to stifle industry, but rather to challenge it to do better—to be innovate and consider neighbors and future generations.

Coloradans understand the value of our environment and the necessity of guarding it. As residents, parents, and stewards of this great state, I urge our senators and representatives to support this crucial legislation. 

Heather De Keyser, MD is a pediatric pulmonary specialist. She advocates for policy solutions to the growing health threats of climate change with Healthy Air and Water Colorado.

Sweeping #ColoradoRiver settlement will bring water, equity to Navajo communities — AZCentral.com #COriver #aridification

Navajo Mountain March 2023. Jonathan P. Thompson photo.

Click the link to read the article on the AZCentral.com website (Arlyssa D. Becenti). Here’s an excerpt:

May 1, 2024

Two months after Navajo Nation officials released details of a sweeping agreement to secure rights on the Colorado and Little Colorado rivers, there have been numerous community meetings to discuss what it means for people to secure water access. What’s clear is that the settlement, known as the Northeastern Arizona Indian Water Rights Settlement Agreement, is about equity, human rights and securing access to water for the next 100 years for the Navajo people.

“Whatever gets built out is going to get us a lot further to building out the infrastructure that we are going to need anyway if we want to be able to grow at our natural growth rate,” Navajo Nation Attorney General Ethel Branch said during a livestream meeting…

The agreement would settle all of the Navajo Nation’s water rights claims in Arizona, which includes the Colorado River Upper Basin, the Colorado River Lower Basin, Little Colorado River Basin and some groundwater. The proposal will be put into legislation and voted on by the Navajo Nation Council before it is sent to Congress, where lawmakers could make their own adjustments.

Native America in the Colorado River Basin. Credit: USBR