Below are the seasonal outlooks through February 28, 2018 from the CPC.
From The Boulder Daily Camera (Charlie Brennan):
The Federal Energy Regulatory Commission is expected to rule early next year on what would be the biggest public works project in Boulder County history, exceeding the original construction of the Gross Reservoir Dam, which was completed in 1954.
The tree removal plan outlined in Denver Water’s FERC application states that all trees and their associated debris on about 430 acres along 12.5 miles of shoreline will have to be removed in the course of the expansion, which is envisioned as being completed by 2025.
Denver Water spokeswoman Stacy Chesney said the agency has estimated that “the density of the forest ranges from approximately 150 to 1,800 trees per acre. Based on these initial plans, we estimate up to 650,000 trees will need to be removed in the area surrounding Gross Reservoir.”
In a recent interview, Denver Water President Jim Lochhead vowed that every aspect of the project’s completion is being designed and executed with an eye toward mitigation of its impacts on the high country environment and those who depend on it for their recreation or call it home.
“We recognize that this is a major construction project and it has adverse impacts to the community,” said Lochhead, whose utility serves 1.4 million in Denver and many of its suburbs — but not Boulder County.
“We are trying to understand exactly what those impacts are, and see what the needs of the community are, and do everything we can to help address them.”
Referencing project manager Jeff Martin, Lochhead said, “Whether it’s traffic, hauling on the roads, whether it’s noise associated with the quarry, whether it’s the tree removal issues, it’s Jeff’s job to make sure it goes in a way that we’re doing the best that we can by the local community.”
Martin said: “We recognize the brutal aspects of the project. We don’t want to hide from those. That’s not our objective.”
Stressing that Denver Water intends to factor the concerns of reservoir neighbors into its planning of what’s officially known as the Moffat Collection System Project, Martin said, “We look forward to getting that feedback, seeing how we can make it into the most palatable project we can, and turn it into, maybe not reducing all the impacts, but for the greater good, reducing them as much as we can.”
A 48-page plan for the required tree removal prepared by Denver Water describes a mix of ponderosa pine, Douglas fir and Rocky Mountain juniper.
According to data the agency compiled in 2005, most of the trees at that time were 20 to 50 feet high, with a breast-high diameter ranging from 4 to 14 inches.
“Because of the topography, e.g., very steep slopes, rock outcrops, etc., several more complex tree removal (logging) systems will need to be used, and some temporary roads will need to be constructed to remove the trees,” the plan states.
It estimates that 50,000 tons of forest biomass are expected to be produced during the required clearing for the expansion of Gross Reservoir, which is to see its dam raised by 131 feet, expanding the reservoir’s capacity by 77,000 acre feet to a total storage capacity of 118,811 acre feet.
While noting that, “Traditionally, most of the slash would have been piled and burned in place,” the plan acknowledges that, “Today, burning large quantities of forest residue, in close proximity to residential areas, is problematic in the extreme.”
Allen Owen, Boulder District forester for the Colorado State Forest Service — a contracted forest resource management partner to Denver Water through the Forests to Faucets program — said he had been unaware of the number of trees Denver Water is planning to pull out of the Gross Reservoir area, or that it will involve the leveling of all growth on 430 acres of shoreline.
He doubts it would actually reach the 650,000 figure.
“That would mean 1,500 trees per acre over the entire 430-acre unit, and I know that’s not the case,” he said. “The stand densities vary all around the perimeter of the shoreline. There are areas that are nothing but solid rock, with no vegetation on it, to units that may have those number of trees. But there are not that many trees over the entire 430 acres. The number seems high.”
Owen expects state foresters will be involved in plotting how the trees’ removal proceeds.
“It’s something way beyond the ability of the Colorado State Forest Service,” he said. “I would consider that a big logging job, on very steep slopes, with very poor access. It is going to be very difficult, at best.”
Martin discussed three different potential scenarios, including removal by truck, burning and burial of felled lumber, or some combination of those strategies.
In cases where trees are located on small rock bluffs, Denver Water’s current removal plan notes, “the use of helicopter may be necessary.”
Denver Water believes new emerging technologies may pose options for removal that weren’t contemplated when its plan was authored.
“One of the things we’ve committed to is developing a process with public input … going out and getting some public input and some stakeholder input and that includes the U.S. Forest Service, the Colorado state forester and Boulder County, and developing some concepts … and then seeing what fits best for the community from there, and then moving forward with the plan,” Martin said…
Denver Water points to steps it is taking to mitigate the effects of construction wherever possible, and also emphasizes measures that it contends offers some in Boulder County a benefit. Lochhead and Martin touted the provision of a 5,000-square-foot environmental pool in the expanded reservoir, to be available for replenishing South Boulder Creek for the benefit of both Boulder and Lafayette at times when it is running dangerously low.
“That’s kind of a neat partnership there,” Lochhead said.
That does not mean that Boulder supports the Gross Reservoir expansion — but nor does it oppose it.
“Boulder has a neutral position on the overall expansion,” said Boulder’s source water administrator, Joanna Bloom.
“If the project somehow falls apart, then Boulder will continue to try to establish the streamflows on South Boulder Creek through other means,” Bloom said…
Boulder County’s stance on the expansion is more complicated.
The county filed extensive comments on both the draft and final environmental impact statements in the Army Corps of Engineers’ review process, and doesn’t agree that the EIS adequately addressed “the myriad of impacts” that would result for Boulder County and its citizens.
On March 23, the county filed an unopposed motion to intervene in the FERC approval process. One of the points the county addressed at length in that intervention relates to tree removal — and its arguments are based on the presumption of a far more modest, but still significant, removal of trees, at a total of 200,000.
“County roads (Flagstaff Road, Magnolia Road and others) are windy with low volume residential traffic and would be inappropriate for use by trucks hauling trees,” the county argued.
“In addition, it may not be possible to safely navigate SH 72 with trucks full of trees. These heavily laden trucks will cause damage to the roads and present safety concerns for road users.”
Moreover, the county contends Denver Water’s project must come through its land use review process, while the utility maintains that the county’s role is superseded by the FERC review process.
Until that conflict is resolved, the county is tempering its remarks, pro or con, on the Gross Reservoir project, so that it will not be seen as having prejudged any application Denver Water might make in the future through the county’s land review process.
Martin recalled that Denver Water worked extensively with Boulder County in 2012 exploring a potential intergovernmental agreement to facilitate the reservoir expansion.
While such a pact was ultimately rejected by Boulder County commissioners by a 3-0 vote, Martin said, “What we did receive was a lot of information from Boulder County and the public on how we need to shape the project in order to meet the needs of both the community and Boulder County.”
However, independent of the environmentalists’ planned federal lawsuit, there might be a need for another judge to sort out the critical question of whether Denver Water’s plans for tree removal and many other aspects of its reservoir expansion must pass through the county’s land use review process.
“I would say that it is likely that it will take litigation, because neither party is willing to give up its position,” said Conrad Lattes, assistant county attorney for Boulder County. “We need some neutral third party to decide this for us.”
However, on a warm and sunny day back before the chill of approaching winter descended on Colorado’s high country, Denver Water’s brass were flush with optimism.
Martin said that for Denver Water, it’s not just about getting the project done.
“We’re also looking at the social responsibility,” he said, “making sure that when it’s said and done, that we did it in the right way; that we could look back and say we did everything within reason and practicality to make this really the most environmentally, socially responsible project we can.”
By Lindsay Fendt, Aspen Journalism
DENVER — Beneath the dim red glow of string lights at the Mercury Cafe in downtown Denver, about 25 people gathered Tuesday afternoon to rally support for a lawsuit against the state on behalf of the Colorado River.
The case, the first of its kind in the United States, has the potential to shift American environmental law by granting nature a legal standing. The suit lists “the Colorado River Ecosystem” as the plaintiff along with people who hope to serve as “next friends” for the river and represent its interests in court.
Five potential next friends were named in the original complaint — Deanna Meyer, Jennifer Murnan, Fred Gibson, Susan Hyatt and Will Falk — all members of the environmental group Deep Green Resistance, which states its goal is to “deprive the rich of their ability to steal from the poor and the powerful of their ability to destroy the planet.”
In an amended complaint, filed on Nov. 6, two more “next friends” were added to the case.
Owen Lammers of Moab is the executive director of Living Rivers, “which empowers a movement to realize social-ecological balance within the Colorado River watershed,” the amended complaint states. Living Rivers is a member of the Waterkeeper Alliance, a New York-based nonprofit dedicated to clean water founded by Robert F. Kennedy Jr.
“Because of Mr. Lammar’s significant relationship with, and dedication to, the Colorado River ecosystem, he is qualified to serve as next friend,” the amended complaint states.
This is a change from the original complaint, which did not cite any particular relationship between the Colorado River and the members of Deep Green Resistance.
Also added to the case was John Weisheit, who is “the person designated as the on-the-water ‘keeper’ per the Waterkeeper Alliance policies. In other words, Mr. Weissheit is the ‘Colorado Riverkeeper,'” the amended complaint states.
Wiessheit, 63, “has enjoyed the Colorado River and its tributaries since childhood,” the complaint says. A resident of Moab, he’s been a river guide since 1980 and “continues to lead river trips that support scientific research and public education, in fulfillment of Colorado Riverkeeper’s mission statement.”
Wiesheit is also a co-author of the 2004 book “Cataract Canyon, a human and environmental history of the rivers in Canyonlands,” which is a detailed 268-page guide to the “center of the universe.”
Signs of protest
Though the novel case is seeking personhood for the Colorado River ecosystem, the suit’s proponents hope to use it as a launching pad for a broader rights-of-nature movement.
“For you or I to defend a river in court right now we have to show how injury to the river injured us.” said Mari Margill, the associate director for the Pennsylvania-based Community Environmental Legal Defense Fund, a rights-for-nature legal group and a legal adviser on the Colorado River case. There is a growing understanding that our environmental laws are starting in the wrong place.”
Rather than maneuvering within existing environmental law, where nature is considered property, rights-of-nature lawsuits seek to give the natural world rights to exist beyond its use to humanity.
Margill and other rights of nature proponents say that our current environmental legal framework — which is based on legislation like the Clean Air and Clean Water Acts — does not go far enough. They point to past court decisions that have granted legal rights to corporations, like the 2010 Citizens United case, and say nature should have that same standing.
“I’ve long acknowledged that what we are doing in the environmental movement has not created change,” Meyer, one of the potential next friends in the lawsuit, said in a recent interview. “We see every biotic system on the planet in decline and nothing has gotten better. Until the river has rights, I don’t see any change happening in the way it is being used and exploited.”
At the meeting in the café in Denver on Tuesday, activists supporting the lawsuit propped up poster boards that said “The Colorado River runs through us” and “Legal standing for the Colorado River,” that were made for a courthouse rally held earlier that morning. They kicked off their meeting with a slow chant praising “sacred Colorado waters” before sitting down to strategize about building support around the lawsuit.
The group is planning protests, awareness campaigns and other rights-of-nature lawsuits in an effort to open up the courts for cases defending ecosystems from environmental ills.
“The court isn’t going to just give us anything,” Jason Flores-Williams, the Denver-based lawyer representing Deep Green Resistance the potential next friends in the lawsuit, said at the meeting. “How we won’t lose is not based on whatever will happen inside the courtroom, but what happens outside of it.”
So far, the case has moved forward only a couple of short steps. Flores-Williams filed the case on Sept. 25, which the state followed with a motion to dismiss on Oct. 17 on the grounds that the case does not fall under federal jurisdiction and lacked specific injuries attributable to the state.
“The complaint alleges hypothetical future injuries that are neither fairly traceable to actions of the state of Colorado, nor redressable by a declaration that the ecosystem is a ‘person’ capable of possessing rights,” reads the motion to dismiss, which was filed by the Colorado attorney general’s office.
The plaintiffs were then allowed to amend their complaint, and on Nov. 6 Flores-Williams filed a new complaint, invoking rights under the U.S. Constitution in order to keep the case in federal court.
246,000 square miles
Flores-Williams used the opportunity clarify aspects of the original complaint. For example he added that the Colorado River has the right to “be restored” in addition to the right “to exist, flourish, regenerate (and) naturally evolve.”
He also defined the scope of the plaintiff in the case, the “Colorado River Ecosystem,” saying it “encompasses the area bound by the highpoints and ridgelines where drop-by-drop and grain-by-grain, water, sediment, and dissolved materials ebb their way toward the Gulf of California: some 246,000 square miles (640,000 km2) in southwest North America including portions of Colorado, New Mexico, Wyoming, Utah, Nevada, Arizona, California in the United States, and portions of Baja California and Sonora in Mexico.”
The amended complaint states that the Colorado River ecosystem includes the river’s “major tributaries” and “all the creeks, streams, and tributaries that feed them, along with the surrounding landscape where water percolates and flows underground,” and it includes a map of the entire Colorado River basin.
It also cites the native endangered fish species that are struggling to survive in the Colorado River basin and says the Endangered Species Act “has failed to reverse the pace of biodiversity degradation.”
In terms of the connection between the river ecosystem and those who wish to be seen as “next friends” by the court, the amended complaint claims that “as the human part of the Colorado River ecosystem, next friends and guardians are capable of speaking through words on behalf of the natural communities that comprise the Colorado River ecosystem.”
The amended complaint also elaborates on the idea of personhood for the river, noting “the recognition of the Colorado River ecosystem as a ‘person’ is far less of a stretch than bestowing upon inanimate corporations the status of personhood.'”
And the amended complaint argues that by lack of such recognition the river’s rights are being denied under the due process and equal protection provisions in the U.S. Constitution.
On thing the amended complaint did not do is correct claims in the original complaint that the state of Colorado operates a number of dams and reservoirs on the Colorado River system that are, in fact, operated by the Bureau of Reclamation or other water-management organizations, including Blue Mesa Reservoir on the Gunnison and Green Mountain Reservoir on the Blue River, both tributaries of the Colorado River.
Beyond the law
The courthouse rally and the following rights-of-nature meeting were originally scheduled around a status conference slated for Tuesday, but the court vacated the hearing and gave the state until Dec. 1 to respond to the amended complaint. Flores-Williams expects the state will again move to dismiss the case.
Regardless of the outcome of the lawsuit, the case’s plaintiffs plan to keep fighting against what they see as exploitation on the Colorado River and hope to inspire other to file rights of nature cases.
“Our case by itself is not going to transform the American legal system,” Falk, a potential “next friend” in the case said in an interview. “People who care about the environment need to realize that one court case is not going to be a quick fix for a system that has a tradition of exploiting the natural world.”
The amended complaint notes that Falk “recently traveled the waters of the Colorado River.”
“To support the idea that the Colorado River needs rights, I wanted to go see first hand the problems along the river,” Falk said in a recent interview.
“It started a couple weeks ago when we went up to La Poudre pass north of Rocky Mountain National Park to see the headwaters of the river,” Falk said. “And you don’t really find a whole lot of natural or wild water. What you find is the Grand Ditch, which is a ditch build in the 1880s that is still carrying water across the Continental Divide and over the Rocky Mountains and to the Front Range. From the very beginning, the river is being exploited. The water is taken from her birthing grounds. From the moments she begins to flow she is being stolen.”
Editor’s note: Aspen Journalism is covering rivers and waters in collaboration with the Glenwood Post Independent, The Aspen Times, the Vail Daily and the Summit Daily News. The Post Independent published a shorter version of the story on Sunday, Nov. 19, 2017.
From The Independent (Tom Embury-Dennis):
The animation shows our planet’s seasonal fluctuations as seen from space after the US space agency condensed two decades of data into just a few minutes.
The polar ice caps and snow cover are shown ebbing and flowing with the seasons. But as time passes the Arctic can be seen getting greener, as shrubs grow more widely in the warmer temperatures.
The visualisation also captures the state of the oceans and life within it. Recent years feature more and more purple patches – areas where little life thrives known as “biological deserts”.
“It’s like watching the Earth breathe. It’s really remarkable,” said Jeremy Werdell, a Nasa oceanographer who took part in the project.
“It’s like all of my senses are being transported into space, and then you can compress time and rewind it, and just continually watch this kind of visualization.”
This autumn marks 20 years since Nasa began a continuous, global view of life on both land and sea using multiple satellites known as the Sea-viewing Wide Field-of-view Sensor.
Mr Werdell said the visualization shows spring coming earlier and autumn lasting longer in the Northern Hemisphere. Also noticeable to him is the Arctic ice caps receding over time – and, though less obvious, the Antarctic, too.
On the sea side, Mr Werdell was struck by “this hugely productive bloom of biology” that exploded in the Pacific along the equator from 1997 to 1998, when a water-warming El Nino event merged into cooling La Nina. This algae bloom is evident by a line of bright green.
From The Arizona Republic (Marcella Baietto):
Brenda Burman, the director of water policy for Salt River Project who previously worked for the U.S. Department of the Interior, has been confirmed as the nation’s first female commissioner of the U.S. Bureau of Reclamation.
Burman, who was nominated for the post in June by President Donald Trump, was confirmed on a unanimous voice vote by the U.S. Senate on Thursday, according to the Senate record.
Burman will take the helm of an agency with nearly 5,000 employees and assist in maintaining almost 500 dams and about 330 reservoirs managed by the bureau across 17 Western states, according to a U.S Department of the Interior press release that announced her nomination this summer.
The bureau also maintains 53 hydroelectric plants in the United States.
Burman, a University of Arizona law-school graduate, previously worked for the bureau, a division of the U.S. Department of the Interior, from 2006-08, as deputy commissioner for external and intergovernmental affairs and as the deputy assistant secretary.
She also was on the staff of former U.S. Sen. John Kyl of Arizona, specializing in water and energy matters.
“I welcome this opportunity and am thankful for the chance to serve again on the Bureau of Reclamation team,” Burman said in a prepared statement after she was nominated. “The men and woman of Reclamation have helped the West work through our most difficult water issues for over a hundred years.”
Burman’s background also includes working for the Metropolitan Water District of Southern California and the Nature Conservancy.
The Ag Water Summit brings together agricultural leaders from across the state, water professionals, elected officials, and decision makers to discuss agricultural water issues. We want to continue the discussion of pertinent water issues, but also want to make this event an opportunity to tell the story of “Water and Agriculture” for people unfamiliar with the role of agriculture in Colorado.