Department of Natural Resources Releases Membership of Anti-Speculation Law Work Group

Fort Lyon Canal

Here’s the release from the Colorado Department of Natural Resources:

The Department of Natural Resources released the names of a 18-member Anti-Speculation Law Work Group (Work Group) whose objective is to explore ways to strengthen current Colorado water anti-speculation law. The Work Group arose out of passage of Senate Bill 20-048 sponsored by Senators Donovan and Coram and Representatives Roberts and Catlin and signed by Governor Polis on March 11, 2021.

“I’m encouraged by the participation in the Work Group, which represents diverse stakeholders from all across the state,” said Dan Gibbs, Executive Director, Colorado Department of Natural Resources, who appointed the Work Group members. “Our goal is to have a transparent and thoughtful process over the next year.”

Senate Bill 20-048 requires the Executive Director of the Colorado Department of Natural Resources to convene a work group to explore ways to strengthen current anti-speculation law and to report to the water resources review committee by August 15, 2021, regarding any recommended changes. Colorado water law prohibits speculation by requiring water to be used for a beneficial purpose.

The Work Group will be co-chaired by Kevin Rein, State Engineer, and Scott Steinbrecher, Assistant Deputy Attorney General. Meetings will be noticed to the public via the Colorado Water Conservation Board website and will be open to the public. Meeting summaries will be posted publicly, and opportunities will be available for the public to review and comment on the recommendations of the Work Group before the written report is finalized.

The Work Group membership consists of:

Kevin Rein (Co-Chair), State Engineer, Division of Water Resources
Scott Steinbrecher (Co-Chair), Assistant Deputy Attorney General, Attorney General’s Office
Tracy Kosloff, Deputy State Engineer, Division of Water Resources
Erin Light, Division 6 Engineer, Division of Water Resources
Lauren Ris, Deputy Director, Colorado Water Conservation Board
Amy Ostdiek, Deputy Section Chief, Colorado Water Conservation Board
Alex Funk, Agricultural Water Resource Specialist, Colorado Water Conservation Board
Justice Gregory Hobbs Jr., Colorado Supreme Court Justice (ret.)
Joe Bernal, Bernal Farms
Daris Jutten, Lazy K Bar Land and Cattle Co.
Joe Frank, General Manager, Lower South Platte Water Conservancy District
Larry Clever, General Manager, Ute Water Conservancy District
Alex Davis, Water Resources Division Manager, Aurora Water
Peggy Montaño, Trout Raley
Peter Fleming, General Counsel to the Colorado River District
Adam Reeves, Maynes, Bradford, Shipps and Sheftel LLP
Drew Peternell, Colorado Director, Trout Unlimited
Kate Ryan, Senior Attorney, Colorado Water Trust

The first meeting of the Work Group will be held virtually this fall.

Dry Gulch Reservoir site. Credit The Pagosa Daily Post

Water released from Elkhead Reservoir lifts call on Yampa River — @AspenJournalism #YampaRiver #ColoradoRiver #COriver #aridification

The second-ever call on the Yampa River was lifted on Sept. 3. The river is shown here as it flows through Hayden on August 3, 2020. Photo credit: Allen Best/Aspen Journalism

From Aspen Journalism (Allen Best):

The second-ever call on the Yampa River was lifted [August 3, 2020] morning after a trio of water providers announced the release of up to 1,500 acre-feet of water from Elkhead Reservoir to support irrigators in the Yampa River Valley and endangered fish.

The latest call was placed on the Yampa River on Aug. 25. The first call was in the late summer of 2018, also after an uncommonly hot, dry summer. The release of the water has ended the immediate need for water administration, allowing irrigators who had been legally prevented from taking water to resume diversions.

Tri-State Generation and Transmission Association has begun releasing 500 acre-feet of its water, and the Colorado River District is releasing another 750 acre-feet of water that it controls from the reservoir near Hayden.

A third organization, the nonprofit Colorado Water Trust, will use money from the Colorado Water Conservation Board to support the upper Colorado Endangered Fish Recovery Program’s contract for additional water in Elkhead in 2020. The Colorado Water Trust also has raised private funds to support a potential release of 250 acre-feet of water to provide in-channel flows for endangered fish species in the Yampa.

Water will continue to be released from Elkhead Reservoir, as necessary, through September. Rain, snow and cloud cover could suppress demand.

The second-ever call on the Yampa River ended Wednesday. Here it flows near the diversion from the Hayden Generating Station on Aug. 3. Photo credit: Allen Best/Aspen Journalism

Irrigators, fish feeling the heat

A statement from the River District and Tri-State emphasized the intention of helping irrigators.

“Agriculture producers in the western U.S. currently are being hit with the triple threat of drought, low prices and pandemic restrictions, so anything we can do to ease the burden of farmers and ranchers in the Yampa Valley is something we are willing and honored to do,” said Duane Highley, CEO at Tri-State, the operator of coal-fired power plants near Craig.

Andy Mueller, the general manager of the River District, echoed that theme.

“We hope these actions help alleviate the depth and severity of ranchers being curtailed and allow some of them to turn their pumps back on to grow more forage before winter,” he said.

“It was a crazy hot and dry summer,” said Andy Schultheiss, the executive director of the Colorado Water Trust. “There was just nothing left in the river — or, at least, very, very little.”

Schultheiss said the trust was interested in preserving habitat for fish and other species in the river, including fish in the lower reaches of the Yampa that are on the endangered species list. In August, the organization also contracted to release 500 acre-feet of water from the Stagecoach Reservoir, near Oak Creek, to ensure flows through Steamboat Springs.

Impact of the releases was reflected Thursday afternoon at stream gauges maintained by the U.S. Geological Survey. The river above the confluence of Elkhead Creek was running 102 cubic feet per second. Bolstered by the reservoir releases, however, it was running 125 cfs downstream at Maybell. It was 95 cfs at Deer Lodge, located 115 river miles downstream from Elkhead Reservoir at the entrance to Dinosaur National Monument, below several agricultural diversions.

A warming climate of recent decades and the weather of the past year probably both played a role in 2020’s second-ever Yampa call.

“August likely will end in the top 10 hottest and driest on record in the Yampa basin,” state climatologist Russ Schumacher said during an Aug. 25 webinar. “You see warmer-than-average temperatures everywhere except a couple of pockets in North Park.”

Many areas were 4 to 6 degrees above average, and some pockets were even hotter. Fall and winter temperatures are more variable, which summer’s are much less so, said Schumacher. “Having 5 or 6 to 8 degrees above average in summer is quite remarkable,” he said.

The River District’s Mueller nodded to this broader context.

“As drought and low flows promise to persist, today’s cooperative actions could help us learn and plan for an uncertain water future,” he said.

This recently installed Parshall flume in the Yampa River basin replaced the old, rusty device in the background. Division 6 engineer Erin Light is granting extensions to water users who work with her office to meet a requirement for measuring devices. Photo credit: Aspen Journalism/Heather Sackett

Regulation is new reality

What sets the Yampa River apart from other rivers in Colorado is its storied tradition: a river without administration. The contrast may be most stark with the South Platte, which drains the heavily populated towns and cities and still abundant farms on the northern Front Range. There, it’s barely an exaggeration to say that every drop is measured, ensuring that diverters are taking only as much water as to which they have rights.

The Yampa has typically met the needs of all diverters, including those of irrigators, who are responsible for nearly all the water consumed in the Yampa River basin on an annual basis. Diverters were on an honor system to take no more than their allocated share of water.

Putting a call on a river requires the sorting out of water rights under Colorado’s first-in-time, first-in-right hierarchy. Those with mostly older — and, therefore, senior rights — have first dibs but only to the amount they are allocated.

The call placed on the river Aug. 25 was triggered by agriculture users lower on the river, at Lilly Park near Dinosaur National Monument. They were failing to get the river’s native flows to which they were entitled within their priority of 1963.

To honor the seniority of those water rights, Erin Light, the division engineer, initiated a call on the river to ensure that the more senior right would get delivery of the water.

Those affected were all water users upstream, even to the headwaters, with junior or more recent allocations. Junior water users are cut off to the amount necessary to satisfy the call, which could be partially or completely, as per the needs of the downstream user with the senior but unsatisfied allocation.

Light last year announced that all water diverters must install headgates and measuring devices, to allow withdrawals to be controlled and measured. Some have done so, others have been given extensions and some others have failed to comply, she said. Those without headgates and measuring devices — even if they have a more senior water right — risk being cut off entirely when a call occurs.

This push to measure diversions began at least a decade ago, after Light arrived in the Yampa Valley. One of those she persuaded was Jay Fetcher, who ranches along the Elk River, northwest of Steamboat Springs. He remembers some grumbling. The informal method had always worked. Now he’s glad he can prove he’s taking his allocated water — and no more.

“Once we changed, we realized that it was a real plus,” Fetcher said. “We knew what we were doing with our water, and we could justify (our diversions), not only to ourselves, but to Erin and the state.”

Jim Pokrandt, the director of community affairs for the River District, echoed that sentiment.

“It’s in everybody’s best interest,” Pokrandt said, “to foster a solution that recognizes the reality, that doesn’t put agriculture out of business, while we are on the pathway to better water administration.”

Aspen Journalism is a local, nonprofit, investigative news organization covering water and rivers in collaboration with Steamboat Pilot & Today and other Swift Communications newspapers. This story ran in the Sept. 7 edition of Steamboat Pilot & Today.

As San Luis Valley’s water squeeze intensifies, Gov. Jared Polis mulls climate warming adaptation — The Brush News-Tribune #drought

Aerial view of the San Luis Valley’s irrigated agriculture. Photo by Rio de la Vista.

From The Denver Post (Bruce Finley) via The Brush News-Tribune:

How to survive in hotter, drier world a focus as 93% of state bakes in “severe,” “extreme” or “exceptional” drought

The sun beat down, baking Colorado’s bone-dry, cracking San Luis Valley, where farmers for eight years have been trying to save their depleted underground water but are falling behind.

They’re fighting to survive at an epicenter of the West’s worsening water squeeze amid a 20-year shift to aridity. Federal data this past week placed 93% of Colorado in “severe,” “extreme” or “exceptional” drought .

And Gov. Jared Polis was listening now, as a group of farmers sat around a patio shaking their heads, frowning, frustration etched on their faces — down by 150,000 acre-feet of water below their aquifer-pumping target as the driest months begin.

A center pivot irrigates a field in the San Luis Valley, where the state is warming farmers that a well shut-down could come much sooner than expected. Credit: Jerd Smith via Water Education Colorado

“We’re about as lean as we possibly can be. We’ve re-nozzled our sprinklers. Our pumping is as efficient as it possibly can be. We’re trying different crops,” said Tyler Mitchell, who had cut his water use by 30% after installing soil moisture sensors and shifting from barley to quinoa. “But, at the end of the day, we have too many businesses that are trying to stay in business. I don’t know how we can reduce pumping more than we already have.”

How to adapt to a hotter, drier world is emerging as a do-or-die mission for people living around the arid West. Polis was in the San Luis Valley on Tuesday, embarking on a potentially groundbreaking statewide effort to explore solutions amid increasingly harsh impacts of climate warming, including wildfires burning more than 300 square miles of western Colorado.

Average temperatures will keep rising for decades, federal climate scientists say, based on the thickening global atmospheric concentration of heat-trapping carbon dioxide, now around 412 parts per million, the highest in human history. Heat is depleting water across the Colorado and Rio Grande river basins, where more than 50 million people live.

Nowhere have climate warming impacts exacerbated local difficulties more than here in the Massachusetts-sized, predominantly Hispanic, low-income San Luis Valley between the Sangre de Cristo and San Juan mountains of southern Colorado…

This year, the winter mountain snowpack that determines surface water flow in the Rio Grande River measured 33% of normal in spring. Rainfall so far, 2.7 inches, lags at around 38% of average.

And the Rio Grande barely trickles, at 7 cubic feet per second, leaving Colorado toward New Mexico and Texas. Those similarly drought-stricken states count on shares of surface water in the river under a 1938 interstate legal agreement.

Colorado farmers’ fallback habit of pumping more from the aquifers connected to the river — water use that is restricted under a locally-run, state-ordered conservation plan — has obliterated water savings painstakingly gained since 2012.

The 150,000 acre-feet draw-down this year hurled farmers practically back to their starting point. And a state-enforced deadline of 2030 for restoring the aquifer to a healthy level looms. If not met, state authorities could take control over wells.

Cleave Simpson, bottom right, converses with other water users following a Subdistrict 1 budget meeting. Photo credit: Luna Anna Archey/High Country News

Rio Grande Water Conservation District manager Cleave Simpson said recovery now requires a snow-dependent gain of 680,000 acre-feet — 4.5 times this year’s draw-down…

“A drier and hotter world”

Polis looked out the windows of a black utility vehicle and saw devastation spreading as climate warming impacts hit home. Hot wind churned dust around farms now abandoned and rented to newcomers struggling to get by. San Luis Valley leaders have estimated that low flows and falling water tables may lead to the dry-up of 100,000 irrigated acres, a fifth of the farmland in a valley where residents depend economically and culturally on growing food.

He saw farm crews toiling, coaxing the most from their heavy machinery, after flows from some wells had diminished and even reportedly pulled up just air.

He said he sees different dimensions of problems around climate warming.

On one hand, human emissions of planet-warming greenhouse gases “are going up,” Polis said. “But, then, here in this world, it is about adapting to what is happening. I mean, the global effort needs to succeed. Climate change needs to slow down. Colorado is just a teeny piece of that — a fundamental issue affecting the entire world. America never should have pulled out of the Paris accords. I hope we return, and have a concerted international effort.

“But it is also a reality for how these farmers put food on their plate, for how their communities thrive in a drier and hotter world. … The same crops we have been growing, with one water and warm temperature profile, don’t work with the way things are now.”

Colorado agriculture commissioner Kate Greenberg said state leaders also will hear from producers enduring dry times on the Eastern Plains, where wheat harvests are expected to suffer. Agriculture statewide “is hurting” and the San Luis Valley stands out as “ground zero” in a water squeeze due to low snow, shrinking aquifers, drought and competing demands from inside and outside the valley. Legal obligations to leave water for New Mexico and Texas compel cuts that complicate solutions, Greenberg said…

Few of the farmers on the patio meeting with the governor saw much that state governments can do in the face of a possible environmental collapse.

Many have concluded that, as Jim Erlich said, “we’re going to be farming less here.” Some anticipated an agricultural landscape looking more like western Kansas…

Polis called climate warming “the new normal.” He asked the farmers: “Where does it lead? Do you see a way forward?” State projections show conditions for at lest 15 years will be “likely hotter and drier… What does that mean in terms of crop mix? What does it mean in terms of sustainability? What does it mean in communities?”

The farmers, about a dozen, said they’ll push ahead in the “sub-districts” they’ve formed to encourage saving groundwater — as an alternative to state engineer authorities controlling wells. They now pay fees for pumping and pooled funds can be used to pay farmers for leaving fields fallow…

An entrepreneurial businessman, Polis pushed toward what might be done to create better markets for crops, such as “Colorado quinoa” that use less water, giving a global perspective. “I mean, agriculture does occur in dry parts of the world. It has to work from a water perspective…

The side of a farm building north of Center, Colorado. The farms in the San Luis Valley are known for their fresh potatoes. Photo credit: Luna Anna Archey/High Country News

At another farm, Brendon and Sheldon Rockey showed Polis around. They’ve reduced their use of water from wells by 50% and prospered, growing 25 types of potatoes, shifting off water-intensive crops such as barley and planting more “Colorado Quinoa” along with a half dozen other growers.

Fallow fields fertilized with cows and planted with restorative “cover crops” help boost productivity by improving soil, Brendon Rockey told the governor. “I don’t have a mono-culture anywhere on this farm.”

As president of the potato producers’ council and leader of a water-saving sub-district, Sheldon Rockey is encouraging other farmers — optimistically despite increased stress around the depletion of aquifers. “We can still make it back,” he said, “if we have snow.”

Polis also suggested a relaxed state approach to the 2030 deadline for replenishing the shrinking aquifer. “It is about the long-term trends. … whether goals are being met. There’s nothing that would ever be done based on one bad year.”

The farmers were hanging on that.

“He is genuinely interested in providing what support the state can to help with our water balance challenges,” Simpson concluded following this first meeting.

But “farmers are frustrated,” he said, emphasizing that aquifer recovery can happen only “if mother nature brings snow.”

And Polis left with a more detailed sense of the stakes.

“What we want here is sustainability. That’s why I oppose trans-basin water diversions,” he said. “But we have to make sure that farmers here today don’t live at the expense of farmers here tomorrow and the next decade. This valley is about agriculture. If the water is sold off, or the water is used up, it will become a dust bowl.”

As pressure to regulate #YampaRiver continues, locals raise cash to aid compliance effort — @WaterEdCO #ColoradoRiver #COriver #aridification #GreenRiver

Scott Hummer, water commissioner for District 58 in the Yampa River basin, checks out a recently installed Parshall flume on an irrigation ditch. Hummer said most water users in the Yampa are complying with a state order issued nearly a year ago that requires measuring devices. Photo credit: Heather Sackett/Aspen Journalism

From the Fresh Water News (Jerd Smith):

Nearly one year after the state ordered Yampa River water users to begin measuring their diversions from the iconic river, local community groups have raised more than $200,000 to help cash-strapped ranchers and others install the devices needed to comply with the law.

According to Erin LIght, the top water regulator in the region, roughly 60 percent of diversion structures, about 1,760 in total, remain out of compliance in what is known as Colorado’s Water Division 6, which includes the Yampa, North Platte, White and Green river basins.

Under state law, water users who do not measure their diversions can be subject to prosecution and have access to their water rights suspended, something the state has threatened to do but has not yet implemented.

Local groups, including the Upper Yampa Water Conservancy District and the Yampa/White/Green Basin Roundtable, have stepped up to help, creating a $200,000 grant fund to ensure those who are trying to comply can afford to do so.

“Everyone is interested in getting the best infrastructure we can into the river,” said Holly Kirkpatrick, who is overseeing the grant program for the conservancy district. “A lot of different organizations are working very hard on this.”

The Yampa River Fund, spearheaded by The Nature Conservancy, also plans to step in with funding should the need arise.

“I envision that there will be a request for funding,” said fund manager Andy Baur, “and we are here to help.”

This remote region in the northwest corner of the state for decades has had so much water that regulators rarely had to step in to ensure the rivers’ supplies were being properly distributed in accordance with state water law, something it does routinely in Colorado’s other major river basins. But as water shortages loom in the state, the Yampa is coming under increasing scrutiny.

“People need to understand that if we find ourselves in another administrative situation [where the Yampa runs dry as it did in 2018], people need to know they will be shut off,” said Light, who oversees the region for the Colorado Division of Water Resources.

The picture is much different than even 20 years ago, when Yampa Valley ranchers and other water users with water rights were often able to divert as much as they wanted whenever they wanted because the river had huge flows and relatively few demands.

Light, who oversees the Yampa and North Platte basins, as well as the Green and White river sub-basins, said the White River region has the most work to do to comply with the state’s order, with 83 percent, or 596, of its diversion structures taking water that is not being measured.

On the Yampa River, 50 percent of diversion structures, or 900, remain unmeasured, Light said. In the North Platte, 34 percent, or 190, lack measuring devices, while in the Green 74, or 69 percent, of devices remain unmeasured, Light said.

Because the White and Green sub-basins are so remote, and installing measuring devices can cost thousands of dollars, Light said she is giving water users there another year to comply with the order.

At the same time, she said she has granted more than 100 extensions to water users who are trying to comply to give them more time to find funds and get the work done.

Light said she is hopeful ranchers and others will begin to understand that measuring is no longer optional, and that those who begin recording their water use will have new opportunities as the entire Colorado River system, to which the Yampa, White and Green rivers are tributary, moves into a water-short future.

Under at least one scenario now being studied, a large, statewide conservation program called demand management would pay ranchers and others to voluntarily forego their water diversions for a period of time. Options to receive payment for suspending use would only be available to those who have diversion records that demonstrate how much water they’ve historically used.

“If someday we have an opportunity to [temporarily] dry up lands under a demand management program, their [actual water] use will be greatly in question because they have not measured their water. As demands get higher in the Colorado River, it’s going to behoove them to measure,” Light said.

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

Yampa River Basin via Wikimedia.

The #YampaRiver is under Administration for the 2nd time in its history #GreenRiver #ColoradoRiver #COriver #aridification

Irrigated pasture at Mantle Ranch along the Yampa River. Ranchers in the Yampa River basin are grappling with the enforcement of state regulations that require them to monitor their water use. Photo credit: Brent Gardner-Smith/Aspen Journalism

From email from the Colorado Division of Water Resources (Erin Light via Scott Hummer):

Right in step with the unprecedented year of 2020, the Yampa River is going on call for the second time in three years. And once again, the structures located at the bottom of the system do not have enough natural flow to meet their diversion demands.

We, the Division of Water Resources, are currently protecting reservoir water released from Elkhead Creek Reservoir for the protection of the endangered fish species. The amount of reservoir water currently being released for the Endangered Fish Recovery Program is 75 cfs. This in turn requires that there is 61 cfs at the Yampa River at Deerlodge Park gage station. The flow this morning is hovering around 50 cfs which means reservoir water is being diverted by water users upstream.

The entire Yampa River system is under administration for several reasons, the most obvious of which is that if the reservoir water was not in the system the structures at the bottom of the system would have no water and we would be instituting what one might consider a standard or more typical call that would encompass the entire Yampa River and its tributaries. Additionally, the water users on the mainstem of the Yampa River between Elkhead Creek and its confluence with the Green River should not have to bear the brunt of the entire Yampa River being short of water simply because their structure is located within the Critical Habitat Reach (the protected reach for the Endangered Fish).

Actions have already been put in place to institute the call and as of 12:00 PM today, the Yampa River and all of its tributaries are considered under administration. The Calling Priority right (or most junior water right that may divert at this time) is located at the Craig Station Power Plant with an administration number of 37149.00000 (this water right has an adjudication date 9/1/1960 and an appropriation date of 9/17/1951). This Calling Priority may change as the call progresses. In order to follow the call you may visit the following website:
https://dwr.state.co.us/Tools/AdministrativeCalls/Active?submitButton=Submit&SelectedWaterDivisionId=6

If you have a water right junior to the above listed priority and you are diverting water, please cease your diversions unless your diversion can operate under a decreed augmentation plan or substitute water supply plan approved by the State Engineer. Also, if you are the owner of a pond, you are required to bypass all out of priority inflows.

If you have any questions or concerns please feel free to contact me or your water commissioner.

Erin Light, P.E.
Division Engineer, Water Division 6

State officials say #YampaRiver water users are complying with measuring requirement — @AspenJournalism #ColoradoRiver #COriver #aridification #WhiteRiver

Scott Hummer, water commissioner for District 58 in the Yampa River basin, checks out a recently installed Parshall flume on an irrigation ditch. Hummer said most water users in the Yampa are complying with a state order issued nearly a year ago that requires measuring devices. Photo credit: Heather Sackett/Aspen Journalism

From Aspen Journalism (Heather Sackett):

State regulators in the Yampa River basin say most water users are now willingly complying with an order to measure how much water they are taking — an order once greeted with suspicion and reluctance. But challenges to compliance remain, including the cost of installing equipment.

Last fall, the Colorado Division of Water Resources ordered nearly 500 water users in the Yampa River basin to install measuring devices to record their water use. Nearly a year later, most of those water users are embracing the requirement, according to water commissioner Scott Hummer.

“I am fully confident that over 90% of the people who have orders pending have either complied, are in the process of complying or have asked for an extension,” Hummer said. “So we are getting the cooperation and buy-in that we are requesting from our water users. They are understanding why we are doing it, at least in my area.”

Hummer is the water commissioner for Water District 58, which spans 400 square miles and includes all the water rights above Stagecoach Reservoir. He oversees between 350 and 400 diversion structures.

Measuring water use is the norm in other river basins, especially where demand outpaces supply. But the tightening of regulations is new to the Yampa River basin, and the order was initially met with resistance from some ranchers.

John Raftopoulos, whose family ranches along the Little Snake River, a tributary of the Yampa in Moffat County, said he thinks most irrigators are complying. His cattle ranch has about 15 measuring devices, and he has to install a few more to be completely compliant.

“I know (the state) has to use them. There’s no other way they can control the water; they’ve got to have the measuring device,” Raftopoulos said. “You just got to bite the bullet and install them.”

State law requires water users to maintain measuring devices on their canals and ditches, but this rule was not enforced in Division 6 — consisting of the Yampa, White, Green and North Platte river basins — because historically there was plenty of water to go around in the sparsely populated northwest corner of the state. Long seen as the last frontier of the free river, there has been little regulatory oversight from the state when it came to irrigators using as much water as they needed. But that changed in 2018 with the first-ever call on the river.

A call is prompted when streamflows are low and a senior water rights holder isn’t receiving their full amount. They ask the state to place a call, which means upstream junior water rights holders must stop or reduce diversions to ensure that the senior water right gets its full amount.

Although the order for a measuring device comes with a deadline and the threat of fines, Division 6 engineer Erin Light has been lenient with water users and willing to give them extra time to get into compliance. The process to request an extension is simple: A water user can simply email Light.

“If a water user is working with our office, we are not going to go shut their headgate off,” she said. “We are going to work with them.”

Light doesn’t have an exact count on how many water users have complied so far — water commissioners are working in the field this summer and haven’t had time to enter the most current information into the division’s database yet — but as of January, the Yampa had 49% compliance.

“I am not hearing anything (from water commissioners) about concerns of noncompliance. If there were problems, they would let me know,” Light said. “I have a fair amount of confidence that things are going well in all my areas as to compliance.”

This recently installed Parshall flume in the Yampa River basin replaced the old, rusty device in the background. Division 6 engineer Erin Light is granting extensions to water users who work with her office to meet a requirement for measuring devices. Photo credit: Aspen Journalism/Heather Sackett

Financial burden

Still, some worry that the cost of installing the devices — which in most cases are Parshall flumes — is too big a financial burden for some water users. The devices, which channel diverted water and measure the flow below the headgate, can cost thousands of dollars, which adds up for water users who need to install multiple devices.

The Upper Yampa Water Conservancy District and the Yampa-White-Green Basin Roundtable have teamed up in recent months to create a $200,000 grant program to help water users with infrastructure-improvement expenses. According to Holly Kirkpatrick, the communications manager for the conservancy district, water users so far have completed about $3,500 worth of work. That money will be reimbursed through the grant program.

“We expect to see a huge influx of applications as the season comes to an end,” she said.

In March, Light issued notices to water users in the other Division 6 river basins — White and Green — but decided to delay sending orders after talking with some who had concerns over the economic crisis caused by the COVID-19 pandemic.

In a June letter to Light, signed by four water conservancy districts — White River, Rio Blanco, Yellow Jacket and Douglas Creek — representatives said they would be interested in seeking opportunities for financial assistance for their water users. Under the best-case scenario, it would take until spring to secure grant money and begin installing devices, the letter said.

“This year is a tough year to try and ask people to do anything above and beyond what they already have to do,” said Callie Hendrickson, executive director of the White River and Douglas Creek Conservation Districts. “I know (Light is) willing to give extensions, but right now, our folks don’t need that additional financial or emotional stress.”

Scott Hummer, water commissioner for District 58 in the Yampa River basin, points out how snowmelt flows from high elevation down to the valley where the water is used for irrigation. Hummer said most water users in the Yampa are complying with a state order issued nearly a year ago that requires measuring devices. Photo credit: Heather Sackett/Aspen Journalism

Colorado River Compact influence

Some water users have questioned why, after years of not enforcing requirements for measuring devices in Division 6, the state is now doing so. One answer is that more and better data about water use is becoming increasingly necessary as drought and climate change reduce streamflows, create water shortages and threaten Colorado’s ability to meet its Colorado River Compact obligations.

Division 6 has traditionally enjoyed abundant water and few demands, but as state regulators saw with the 2018 call, that dynamic is no longer guaranteed every year. As the threat of a compact call and the possibility of a state demand-management program grow, state officials say the need to measure water use grows, too.

A major unknown is what would happen in the event of a compact call. A compact call could occur if the upper-basin states — Colorado, Utah, Wyoming and New Mexico — were not able to deliver the 75 million acre-feet of water over 10 years to the lower basin states — California, Arizona and Nevada — as required by the 1922 compact. Colorado water managers desperately want to avoid this scenario, in part because it could trigger mandatory cutbacks for water users.

State engineer Kevin Rein said that without knowing how much water is being used, it’s a blind guess as to which junior water users would have to cut back.

“We could see the (cubic feet per second) amount that the water right is decreed for, but we don’t know how much is really being diverted and we don’t know how much is really being consumed, so we don’t know what effect it’s going to have on meeting our compact obligations,” Rein told Aspen Journalism last week.

It’s a similar scenario with a potential demand-management program. At the heart of such a program is a reduction in water use in an attempt to send as much as 500,000 additional acre-feet of water downstream to Lake Powell to help the upper basin meet its compact obligations. Agricultural water users could get paid to take part in the temporary, voluntary program to fallow fields and leave more water in the river.

But before they could participate in a demand-management program, the state needs to know how much water that an irrigator has been using.

“The first thing we need is diversion records,” Rein said. “If there’s no measuring device, no record of diversions and somebody wants to participate, they are simply not going to have the data to demonstrate their consumptive use.”

Since nearly everyone is making progress, Hummer said he doubts that enforcement will reach a point where he has to fine someone for not measuring their water use. Still, the transition is a tough one for an area not accustomed to state government oversight of their ditches.

“We are just dealing with difficult circumstances within the whole Colorado River basin system that dictates change, and folks don’t like change, especially in rural areas,” Hummer said. “But it’s here and it’s not going away. The demand for measurement will become more stringent in the future, not less.”

Aspen Journalism is a local, nonprofit, investigative news organization covering water and rivers in collaboration with The Aspen Times, along with other Swift Communications newspapers. This story ran in the Aug. 15 edition of the Steamboat Pilot & Today and the Aug. 17 edition of The Aspen Times.

Hundreds of San Luis Valley farm wells at risk as state shortens deadline to repair #RioGrandeRiver — @WaterEdCO

A center pivot irrigates a field in the San Luis Valley, where the state is warming farmers that a well shut-down could come much sooner than expected. Credit: Jerd Smith via Water Education Colorado

From Water Education Colorado (Caitlin Coleman):

The race against time continues for farmers in southern Colorado’s San Luis Valley, with the state’s top water regulator warning that a decision on whether hundreds of farm wells will be shut off to help save the Rio Grande River could come much sooner than expected.

July 28, at a virtual symposium on the Rio Grande River, the state warned growers that they were running out of time to correct the situation.

“We’ll see in the next couple of years if we can turn around this trick,” said State Engineer Kevin Rein. “If we’re not turning it around, we need to start having that more difficult conversation.”

The valley is home to the nation’s second-largest potato economy and growers there have been working voluntarily for more than a decade to wean themselves from unsustainable groundwater use and restore flows in the Rio Grande. Thousands of acres of land have been dried up with farmers paying a fee for the water they pump in order to compensate producers who agree to fallow land.

Artesian well Dutton Ranch, Alamosa 1909 via the Crestone Eagle

The San Luis Valley, which receives less precipitation than nearly any other region in Colorado, is supplied by the Rio Grande, but under the river lies a vast aquifer system that is linked to the river. It once had so much water that artesian springs flowed freely on the valley floor.

As modern-day farmers began putting powerful deep wells into the aquifer, aquifer levels declined, and flows in the river declined too as a result, hurting the state’s ability to deliver Rio Grande water downstream to New Mexico and Texas, as it is legally required to do.

Between July 2019 and July 2020 the valley’s unconfined aquifer, which is fed by the Rio Grande River, dropped by 112,600 acre-feet. All told the aquifer has lost around 1 million acre-feet of water since the drought of 2002.

Through a plan written by growers in the valley and approved by the state in 2011, farmers had 20 years, from 2011 to 2031, to restore the aquifer. But multiple droughts in the past 19 years have made clear that the region can’t rely on big snow years to replenish the valley’s water supplies because there are fewer of them, thanks to climate change.

“So what is the future, the short-term future, if we can’t count on climate? And let’s admit we can’t,” Rein said. “If climate’s not cooperating the only thing that can be done is consuming less water.”

A powerful sprinkler capable of pumping more than 2,500 gallons of water per minute irrigates a farm field in the San Luis Valley June 6, 2019. Credit: Jerd Smith via Water Education Colorado

Adding to pressure on the region is a proposal by Denver developers to buy thousands of acres of the valley’s farm land, leaving some of the associated water rights behind to replenish the aquifer, while piping thousands of acre-feet of water northeast to the metro area.

Rein said drastic steps, like drying up more fields and sharply limiting how much growers can pump, are needed. But this could result in bankruptcies and could cripple the valley’s $370 million agriculture economy, which employs the majority of workers in the region. Worse still, though, would be the shutdown of all wells in the region, which is what could occur if farmers aren’t able to make progress toward aquifer sustainability.

While the deadline to restore the aquifer is set for 2031, if it becomes clear before then that growers aren’t able to restore groundwater levels, Rein will be forced to take action early by turning off all wells.

Rein said his decision likely won’t come as early as next year. But, he said, “Do we wait until 2031, the deadline? Probably not.”

The groundwater challenges and associated deadline stem from Colorado’s historic 2002 drought which led to more groundwater pumping than ever before and resulted in a falling water table, decreases in water pressure, and failing wells.

Groundwater declines have been so severe that they’ve affected surface water levels in parts of the valley. In 2004, state lawmakers passed a bill requiring the state to begin regulating the aquifer to make it more sustainable.

Landowners within the Rio Grande Water Conservation District (RGWCD) responded by forming a groundwater management district known as Subdistrict 1—that was just the first of what will soon be seven approved subdistricts.

Subdistrict 1 set goals and developed a plan of water management in late 2011 that spelled out how to reduce groundwater depletions and recharge the aquifer.

In 2012 they began paying a fee for every acre-foot of water used. That revenue helps pay irrigators who elect to participate in voluntary fallowing programs and other efforts to replenish the river and reduce stress on the aquifer.

Colorado Drought Monitor August 7, 2018.

And by 2017, irrigators had restored 350,000 acre-feet of water in the aquifer, halfway to their goal. But drought and disaster struck in 2018. With less surface water available and high temperatures, irrigators pumped heavily to maintain their crops. And by September 2018, farmers had lost about 70 percent of the groundwater gains they had worked so hard to recover.

“2018 was extremely frustrating,” said Cleave Simpson, manager of the RGWCD who is also a fourth-generation grower. ”It really kind of set us back to where we were when we started this in 2012.”

It’s not over yet. Some of that groundwater lost in 2018 has been recovered and this year participation in the fallowing program is higher than ever, with more than 13,000 acres enrolled, according to Amber Pacheco who manages the RGWCD’s subdistrict programs—that’s in addition to the 8,800 acres fallowed through the conservation programs that have been running since 2012.

Simpson and others, faced with another severe drought year, are deeply worried about the success of their conservation efforts, but dire times are also boosting motivation to solve the problem, Simpson said.

“There’s a sense of urgency from the board of managers that we’ve got to keep doing more,” Simpson said. “We’ve got to get back what we lost.”

Caitlin Coleman is the Headwaters magazine editor and communications specialist at Water Education Colorado. She can be reached at caitlin@wateredco.org.

San Luis Valley Groundwater

If the water goes, the desert moves in: “…there’s just no low-snow anymore — and it’s not coming back (Jim Gillespie)” — Writers on the Range #ColoradoRiver #COriver #aridification

Photo credit: Jonathan Thompson

From Dave Marston (Writers on the Range):

Paonia, a small town in western Colorado with a handful of mesas rising above it, wouldn’t green-up without water diverted from a river or mountain springs. The lively water travels through irrigation ditches for miles to gardens and small farms below. But this summer, irrigation ditches were going dry, and one, the Minnesota Canal and Reservoir Company, stopped sending water down to its 100-plus customers as early as July 13.

Drought was hitting the state and much of the West hard, but a local cause was surprising: Water theft.

Longtime residents who gather inside Paonia’s hub of information trading, Reedy’s Service Station, have a fund of stories about water theft. It’s not unusual, they say, that a rock just happens to dam a ditch, steering water toward a homeowner’s field. Sometimes, says farmer Jim Gillespie, 89, that rock even develops feet and crosses a road.

But this is comparatively minor stuff, says North Fork Water Commissioner Luke Reschke, as stealing ditchwater is a civil offense. Stealing water from a natural waterway, however, is a crime that can bring fines of $500 per day and jail time. That’s why what was happening to people who depend on the Minnesota Canal company for their fields or gardens was serious: Water was being taken from Minnesota Creek before it could be legally diverted for irrigation to paying customers.

Once the ditch company “called” for its water as of June 8, only holders of patented water rights could legally touch the creek. Yet during three trips to the creek’s beginning, starting in mid-June, and then in mid-July, I noticed that two ranches – without water rights — were harvesting bumper crops of hay. How could that have happened unless they’d illegally diverted water to their fields?

At first, no one would talk about the early-drying ditch except to hint broadly that it wasn’t normal. Then one man stepped up: Dick Kendall, a longtime board member of the Minnesota canal company, and manager of its reservoir. “On July 5,” he told me, “I saw water diverted from the creek onto one of the rancher’s land. And I wasn’t quiet about it.”

Kendall reported what he saw to Commissioner Luke Reschke, who oversees the area’s 600 springs, ditches and canals. Reschke dismissed it, he told me, because “The rumor mill is something else on Minnesota Creek. The only people who give me trouble are the new people who don’t know how the system works.” But locals say that four years back, Reschke’s predecessor, Steve Tuck, investigated when locals complained.

Though it may not be neighborly, stopping any illegal diversion is important, said Bob Reedy, owner of Reedy’s Station: “Without water, you’ve got nothing around here.” Annual rainfall is just 15 inches per year, and without water flowing into irrigation canals from the 10,000-foot mountains around town, much of the land would look like the high desert it truly is.

But it’s not just a couple of high-elevation ranchers dipping into the creek. The West Elk Coal Mine runs large pumps that supply water for its methane drilling and venting operations in the Minnesota Creek watershed.

Mine spokesperson Kathy Welt, said the diversion is legal, and that they only take early-season water when the creek water isn’t on call. That early water, however, is what begins to fill the Minnesota ditch’s reservoir.

In other ways, the mine has damaged the watershed by building a sprawling network of roads in the Sunset Roadless Area (Threats at West Elk Mine). A cease and desist order from the State Division of Reclamation, Mining and Safety on June 10, sought by environmental groups, halted the building of an additional 1.6 miles of new roads this spring (Colorado Sun). Satellite images of the road network resemble a vast KOA Campground: Where trees once held back water and shaded snowpack from early melting, their replacement — gravel roads –- shed water and add to early runoff.

For all of Minnesota Ditch’s challenges, warming temperatures brought about by climate change could be the real challenge. Kendall said that this spring, when he plowed out the Minnesota Reservoir road, dust covered the parched ground beneath the snow.

Water — so precious to grow grapes, hay, organic vegetables and grass-fed beef, and to keep the desert at bay — had vanished early on Lamborn Mesa above Paonia. Farmer Gillespie summed it up, “there’s just no low-snow anymore — and it’s not coming back.”

David Marston. Photo credit: Writers on the Range

David Marston is a contributor to Writers on the Range, (writersontherange.com), a nonprofit dedicated to spurring lively conversation about the West. He lives part-time in Colorado.

Mainstem #ColoradoRiver call change July 29, 2020 #COriver

The penstocks feeding the Shoshone hydropower plant on the Colorado River in Glenwood Canyon.

From email from the Colorado Division of Water Resources (James Heath):

This is a notification that the Shoshone Power Plant is going down to one unit and their call will be released from the stream. The Shoshone Outage Protocol will not operate due to the target flow of 1250 cfs being insufficient to maintain flows in the Grand Valley to prevent a call from the irrigation water rights. Therefore, the call will be placed tomorrow morning at Cameo under a junior swing or bypass right.

Starting at 8:00 am on Thursday, July 30, 2020 the calling location will be the Grand Valley Canal (WDID 7200645), with the Con-Hoosier Tunnel water right (Admin Number 35927.00000).

Ogallala Aquifer’s shallowness has meant growers have to adjust — High Plains Ag Journal

The Ogallala aquifer, also referred to as the High Plains aquifer. Source: National Oceanic and Atmospheric Adminstration

From The High Plains Ag Journal (Bob Kjelland):

The vast Ogallala Aquifer has been on the minds of growers in many states but it certainly has been on the minds of growers in Colorado, Kansas and Nebraska who share the crucial resource with differing regulations. We all share a common bond to try to preserve it for future generations.

Timothy Pautler became involved with water conservation district matters with the settlement of the Arkansas River Compact dispute between Colorado and Kansas. The state of Colorado was in litigation with Kansas and Nebraska on the Republican River Compact. The state decided to approach the defense of this conflict differently than the Arkansas River Compact, so through legislation, Colorado created an entity to assist the state in achieving compact compliance and in August 2004 the Republican River Water Conservation District was formed.

The board members represented, at the time, seven counties, seven Ground Water Management Districts and one member from the Colorado Ground Water Commission. Pautler was appointed by the Kit Carson County Commission.

“My understanding of what was happening to the Ogallala Aquifer in my area of the basin was the driving force behind my desire to participate in the decision to assist the state,” he said. “The economy that was created by the state, in its determination to allow the mining of the Aquifer, and the resulting decline, was a concern.”

In 2019, the boundary for the RRWCD was expanded, to include all the irrigated acres that are actually contributing to the compact issue. This change affected folks in the southeast part of Kit Carson County and the northern part of Cheyenne County and in the East Cheyenne Ground Water Management District. This change created two more board member positions, representing those two new entities. This expansion added approximately 45,000 new irrigated acres to the RRWCD fee assessment.

The RRWCD assists the state in reaching compact compliance on the Republican River Compact that was signed in 1942. In the beginning, the state told growers that if they retired 30,000 acres from irrigation the state would be in compliance. To fund the required budget that was going to be needed, the RRWCD assessed all irrigated acres a fee of $5.50 per irrigated acre. At that point in time, the basin did not have meters on any of the wells, so a per acre charge was really the only option and was easy to do, using county assessors’ records. The RRWCD worked with the Natural Resources Conservation Service and the Farm Service Agency, to create programs that would financially compensate producers for voluntarily retiring some of their irrigated lands.

Over time the district has been actively involved with purchasing surface water rights on the Arikaree and the North and South Forks of the Republican. It was involved with the Pioneer and Laird ditch rights. When they were purchased by the Yuma County Water Authority, the RRWCD leased those rights from the YCWA for $5 million for 20 years. This transaction leaves water in the North Fork of the Republican, and is accounted for at the gauging station located just east of Wray, Colorado

“We are continually working with surface water folks, in order to acquire their rights, this practice is ongoing,” he said. “Because of the way surface water irrigation is accounted for under the compact the retirement of these water rights is very helpful in achieving compliance.

He noted the 15-member board showed tremendous leadership in helping stakeholders understand what was at stake.

“As we moved through time, the collective efforts started to bring results for the basin. We were well on our way to retiring the 30,000 acres of irrigated land. The programs were working rather smoothly, and the process was a success,” Paulter said. “But then our general manager, Stan Murphy, and our engineer, Jim Slattery, started to look at the numbers and realized that the retirement of acres alone, was not going to get us where we needed to be, in order to be in compliance.”

The acreage retirements were coming so far from the three streams—the North Fork, the Arikaree, and the South Fork—to achieve the goal. The retirements were still a good concept and leaving water in the hole is always a positive, the producer and board member said. But the lagged depletion effect that existed in the aquifer was not allowing the impact of acreage retirement to result in immediate stream flow. The lagged depletion, describes the impacts that distant well pumping has on stream flow. As a result of the lag effect, the impact of present day pumping will have negative effects for 30 to 50 years, according to the engineers, even though a well has been retired. The effects that those distant retired wells created, prior to retirement, continued to haunt the long-term goals of the RRWCD.

In 2002, the Republican River settlement had been signed. The final settlement stipulation agreed that Kansas, Nebraska and Colorado would not fight about water use that was in the past, but only work toward achieving future compliance with the compact that allocates how much water each state is entitled to use, he said. As part of the stipulation between the states, the accounting for all three states started at zero, it also allowed that any one of the states could use a pipeline to get additional water to the river in order to get into compliance.

So that became the next challenge for the board. Where do we get enough water to make a difference?

“We started looking at an exhausting list of possibilities, including The Dakota formation below the Ogallala, areas of the basin that were under appropriated, and imports from the South Platte at the time we left no stone unturned. Every idea had issues that came along with it,” Pautler said.

The Dakota was going to be too salty and too costly to bring to the surface and not enough water. The unappropriated area was going to require too many easements and a pipeline of extreme length. The South Platte was too expensive.

“In the end we were able to make a deal with one family. Their water rights were located northeast of Wray. This area of the basin has absolutely the greatest amount of saturated thickness.”

It was far enough away from the North Fork to minimize effect on stream flow, but yet close enough that the pipeline length was a doable deal, approximately 13 miles, he said. About 13,500 acre feet of historical consumptive use, from 62 permits, were acquired.

The Colorado Ground Water Commission then approved the RRWCD application, allowing it to consolidate the 62 existing wells into 15 wells to be used for compact compliance, without any injury to surrounding water rights. Along with the water purchase, the district negotiated easements from the landowners for the pipeline route. The cost of the water and easements was $50 million. The engineers designed a pipeline system that cost $20 million.

Informational meetings were key because a $70 million project was not an easy sell, especially when budgets were compiled. The $5.50 per acre assessment needed to go to $14.50. This created a budget of $7 million. A loan from the Colorado Water Conservation Board for the $60 million, at an interest rate of 2% was secured and the 20-year note will be paid off in 2028. “The public acceptance of the concept, came with a lot of questions,” Pautler said. “As their understanding of the entire compact issue increased, so did their support.”

Not so fast

Even with the pipeline it did not mean going back to old practices, Paulter said. Wells in every county and management district that once pumped 800 to 1,000 gallons per minute had diminished to 200 to 500 gpm.

When the pipeline was completed and functioning, the board started to hear comments like, “now we can pump it till it is dry.”

“The pipeline did give us all a false sense of security that nothing else has to change; the perception was the economies of the communities can now continue as always; the threat of shut downs is taken care of,” he said. “But in reality, our small communities are changing so slow we don’t even see it happening, especially in areas of the basin that never did have sufficient saturate thickness, to expect life to go on as usual, or forever.”

A safe statement would be, “most wells in the basin, do not have the yield they originally had.” Conservation has always been an underlying effort, but the urgency to get into compact compliance was paramount and trumped conservation.

The fee assessment has been a problem for the basin, in terms of conservation. For $14.50 per acre, a producer can pump all he wants, up to his permitted amount. Paulter said a per acre foot charge would have been better formula to achieve conservation. The meters did not come into existence until about 2010. Meters alone will not create conservation, although the irrigators, today, do pay more attention to the amount pumped. They are required to stay within their annual appropriation.

What has worked

Conservation has been attained in the areas where irrigated acres were retired. That unused volume assures more water for domestic and livestock use. That is vital for those areas long term. Travel west of the RRWCD boundary and there are large ranches with very limited water resources. Pipelines have been installed with USDA cost share dollars to move the water for miles. And now, even those pipelines are in jeopardy of not having enough water for livestock numbers to adequately make an economic enterprise work.

When the pipeline was completed, the RRWCD’s Conservation Committee started looking at ways to encourage meaningful conservation. They formed a subcommittee made up of members from all the Ground Water Management Districts.

Different soils

The basin is very different north to south and east to west. Saturated thicknesses vary from having very little left to those areas that still have a 40-year supply left. Soil types very vastly as well.

“We have good heavy soils that will support dry land farming, to sugar sand that without water becomes rangeland. It is a classic case of the ‘haves and the have nots,’ depending on where you are located,” Pautler said. “We are all human, and no one wants to limit their neighbor’s ability to have an economic gain. Admittedly, a tough issue to struggle with.”

Another problem is the fact that the RRWCD has no statutory authority to impose water use restrictions on the basin. That is under the authority of the GWMD. By design, when the RRWCD was given statutory authority to help the state get into compact compliance, GWMDs were very outspoken and insisted that the RRWCD should not be allowed to take over the authority that the management districts already had. These are some of the challenges in trying to achieve meaningful and measureable conservation.

“I would hope that we in the Republican basin can come up with a fair and equitable solution that fits the needs of all water users in the basin. The list of water users has to include discussion with the municipalities, domestic users, commercial interests, and livestock folks. Finding agreement affects everyone, not just the ag irrigators,” he said. “We all have economic interests that are effected by the discussions moving forward. The emotional part of the discussion, kind of stems from the fact that, if we do nothing, ever so slowly, the water passes by our neighbors and we don’t care until it is our turn. A restriction that imposes conservation on all water users happens immediately. The economic impact is immediate.”

This was edited by Dave Bergmeier who can be reached at 620-227-1822 or dbergmeier@hpj.com.

Kansas River Basin including the Republican River watershed. Map credit: By Kmusser – Self-made, based on USGS data., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=4390886

Keep the water flowing: Funding available to help ranchers pay for required measuring infrastructure — Steamboat Today #YampaRiver #ColoradoRiver #COriver #aridification

Irrigated pasture at Mantle Ranch along the Yampa River. Ranchers in the Yampa River basin are grappling with the enforcement of state regulations that require them to monitor their water use. Photo credit: Brent Gardner-Smith/Aspen Journalism

From Steamboat Today (Derek Maiolo):

Funding is available to Routt County ranchers and farmers to install water-measuring infrastructure to better gauge how much water they are diverting…

The [Upper Yampa Water Conservancy District] has about $200,000 worth of funding to help farmers and ranchers afford the measuring devices thanks to a $100,000 match from the Yampa-White-Green Roundtable, according to Holly Kirkpatrick, communications manager for the conservancy district.

Her office will reimburse 50% of costs associated with the devices, Kirkpatrick said, up to $5,000. The district is taking application through 2021.

“We are seeing a huge uptick in interest for grant funds with people completing their projects,” Kirkpatrick said. “Folks are really interested in how they go about this process and getting projects completed before the end of year.”

For more information on the measuring devices and available funding, contact Kirkpatrick at hkirkpatrick@upperyampawater.com.

Yampa Valley “State of the River” July 29, 2020 #ColoradoRiver #COriver #aridification

Yampa River Basin via Wikimedia.

Click here for all the inside skinny and to register:

Topic: Yampa Valley State of the River

Description:

Whether it’s for clean water from your kitchen tap, water for hay or livestock or flows to paddle or play on, we all rely on the Yampa River and its tributaries.

Learn about current Yampa Basin water issues, ongoing drought and challenges facing West Slope water users at the virtual Yampa Valley State of the River meeting hosted by the Colorado River District, the Community Agriculture Alliance and the Yampa-White-Green Basin Roundtable.

If you’re busy for the live event, register to receive a recording of the webinar by email to watch later.

Agenda:

• Protecting West Slope Water in Times of Uncertainty – Jim Pokrandt, Director of Community Affairs at the Colorado River District
• Snowpack and Runoff updates in the Yampa River Basin – Upper Yampa Water Conservancy District
• Recreation in the Yampa River Basin – Lindsey Marlow, Program Manager at Friends of the Yampa and Josh Veenstra, owner of Good Vibes River Gear
• How you can participate in Yampa River planning and the Integrated Water Management Plan – Marsha Daughenbaugh, Rocking C Bar Ranch and Nicole Seltzer, Science & Policy Manager at River Network
• Conversation with the Division Engineer – Erin Light, Division 6 Engineer at the Colorado Division of Water Resources and Jackie Brown, Natural Resource Policy Advisor, Tri-State Generation and Transmission

Time: Jul 29, 2020 06:30 PM in Mountain Time (US and Canada)

Thousands of water rights may be abandoned — The Valley Courier

Colorado Rivers. Credit: Geology.com

Here’s a guest column from Kent Holsinger and David Kueter that’s running in The Valley Courier:

Once every ten years a comet is visible in the night sky, the census counts every person living in the United States, and your water rights are at risk of abandonment in Colorado. Water is Colorado’s most precious natural resource. Colorado’s proposed decennial abandonment lists were published online on July 1st. Over four thousand water rights were listed, including over 630 rights in Division 3. This is a marked increase from decades past.

Put another way, the lists prepared by the Division Engineers at the Colorado Division of Water Resources could result in a significant number of water rights being declared abandoned throughout the state. The Rio Grande Basin has been over appropriated since the 1890’s with groundwater resources depleted throughout much of the basin. The Colorado Water Plan projects the basin will need an additional 180,000 acre feet (AF) by 2050. As a result, protecting existing rights is more important than ever. Water right owners should check the lists online at http://water.state.co.us to determine whether their rights are at risk. The lists will also be published in the local papers of record throughout the state in July and August.

While the agency is required to notify the “last known owner or claimant” of a water right included on the list by July 31st, the State’s ownership records are not always up-to-date. In an arid climate like Colorado, water rights are highly coveted and highly valued. Losing a water right to abandonment can be catastrophic. It can also directly impact the bottom line and the market value of your property. Water right owners have multiple opportunities to protest inclusion of a right on the abandonment lists. Under Colorado water laws, abandonment requires both an overt act (typically non-use) and intent. Good record-keeping, personal knowledge and extrinsic evidence like Google Earth imagery can help protect valued water rights. Lands protected by conservation easements may have other good arguments to employ.

Fortunately, the deadline for written objections to be submitted to the appropriate Division Engineer (along with a $10.00 fee for each water right) is July 1, 2021. In the meantime, water right owners would be wise to start collecting records and consulting with legal counsel. By December 31, 2021, after considering any filed objections, the Division Engineers will file the final proposed abandonment lists with the Water Court. Water right owners can then formally protest the inclusion on the list by June 30, 2022, which protests will be heard by the Water Judge beginning in October 2022. This article does not constitute legal advice nor the creation of an attorneyclient relationship. Kent Holsinger and David Kueter are attorneys at Holsinger Law, LLC and can be contacted at: http://www.holsingerlaw.com.

Colorado’s Demand Management Feasibility Investigation Update — @CWCB_DNR

Brad Udall: Here’s the latest version of my 4-Panel plot thru Water Year (Oct-Sep) of 2019 of the #coriver big reservoirs, natural flows, precipitation, and temperature. Data goes back or 1906 (or 1935 for reservoirs.) This updates previous work with @GreatLakesPeck

Click here to read the report. Here’s the Executive Summary:

The Upper Division States of the Colorado River Basin are currently investigating the feasibility of a potential Demand Management program. Demand Management is defined as temporary, voluntary, and compensated reductions in consumptive use. The Demand Management Storage Agreement, one element of the Drought Contingency Plan (DCP) finalized by the Colorado River Basin States in 2019, provides the authorization for the Upper Division States to store water created pursuant to a Demand Management program in Lake Powell. The water would only be used for Compact compliance purposes at the direction of the Upper Colorado River Commission. Whether a program is set up and how such a program would operate are still open questions. Each Upper Division State must make an initial determination that Demand Management is feasible before moving forward with creating a potential program.

The Colorado Water Conservation Board is Colorado’s agency charged with setting the State’s water policy, and is therefore the agency with authority to determine whether Demand Management is feasible for Colorado. Following adoption of the DCP in March 2019, the CWCB Board adopted the 2019 Work Plan to help guide the initial stage of this feasibility investigation, to take place in Fiscal Year 2019-2020. The Work Plan had three primary components: (1) establish workgroups comprised of subject-matter experts and key Colorado River stakeholders, which were directed to meet publicly at least four times in Fiscal Year 2019-20, and to identify key threshold issues for board consideration; (2) regional workshops designed to facilitate the public discussion around Demand Management and provide opportunities for CWCB staff updates on the feasibility investigation; and (3) continued education and outreach. In addition, the Board directed staff to facilitate a literature review, currently underway by consultants hired following a Request for Proposal process.

The purpose of this Report is to provide an update of work done pursuant to the 2019 Work Plan. This report will assist the CWCB Board in considering the key threshold issues associated with a potential Demand Management program. The purpose of the report is not to provide guidance on next steps of the feasibility investigation. However, it may help shape the discussions and decision-making about the next phases of Colorado’s feasibility investigation. While the complete report provides a full summary of workgroup discussions and other work, below is a summary of each workgroup’s main discussion points.

Agricultural Impacts

  • To encourage agricultural participation, a potential program must be viewed as equitable and proportional while remaining voluntary; furthermore, it must be adequately communicated that the potential program is necessary to achieve the objectives set out in the Upper Basin Drought Contingency Plan and will serve as an insurance policy against mandatory curtailment.
  • In designing a potential program, care must be given to program design to minimize and mitigate on-farm and off- farm agronomic impacts such as reductions in crop yield and soil erosion, including the provision of technical assistance and information; furthermore, the program should account for secondary economic impacts and evaluate potential benefits.
  • Non-injury to water right holders and non-participants is critical and can be achieved through the possible consideration of utilizing existing change of water use approval processes and providing additional mitigation expenses to agricultural water providers to account for potential operational impacts.
  • Structuring the potential program application, review, and the contracting process should consider alignment with the timing of when producers make critical operational decisions and allow for some operational flexibility; furthermore, payments should consider all potential impacts including both agronomic and operational changes.
  • In considering the design of a potential Demand Management program, current programs in place similar to a potential Demand Management program, such as the Federal Conservation Reserve Program and Colorado Fallow-Leasing Pilot Program should be further analyzed; furthermore, pilot and demonstration projects could be useful in better understanding potential impacts and effects of temporary irrigation reductions and should be explored with an effort to capture the potential diversity of projects.

Economic Impacts and Local Government

  • Any potential Demand Management program will be voluntary; those who do not wish to participate should not do so.
  • In designing any potential Demand Management program, the initial goal should be to “do no harm,” meaning to minimize and mitigate any adverse impacts to communities. A number of factors should be considered in analyzing this question, including but not limited to the type of water use, the duration of the Demand Management program, the length of individual project participation, and the geographic location and concentration of projects.
  • Any potential program should create benefits for individuals, the community, and the economy wherever possible. Potential benefits may include avoidance of Compact administration actions, increased revenue to local economies, environmental benefits, and opportunities to improve long-term management of water and land.
  • A number of process considerations should be taken into account when considering how to assure no harm is done to communities where possible, or mitigated if there is harm.
  • In operating a potential Demand Management program, the process should be transparent and collaborative.

Education and Outreach

  • Workgroup members identified many challenges in helping the State explore threshold questions related to communication, education, and outreach needs around a potential Demand Management program.
  • In lieu of assisting with a communication plan for the active “investigation” process or a future program, the workgroup focused their expertise around priority considerations should the CWCB elect to continue with feasibility, project pilots, or full program development.
  • While it is essential to develop a communications plan well before a Demand Management program is enacted, content substance is needed to proceed in which common terms are defined across workgroups and state partners, clear frames are developed to help unite messaging across stakeholder groups, and essential content from FY19- 20 workgroups are considered by CWCB and incorporated into an agreement on a Demand Management program’s general (initial/draft) shape.
  • At this stage, there is a branding problem, as different stakeholders have different ideas of what a program may look like, how it can be explained, and how often communication is carried to individuals’ direct communities.
  • This workgroup recommends immediate messaging discussions to identify shared priority framing. Several guiding examples are presented in the workgroup’s final deliverable.
  • Throughout the investigation, workgroup members identified the need to help stabilize communication chains, the need for extra transparency, and the need to maintain an open line for all users to communicate concerns and ideas to/from CWCB and to/from one another.

Environmental Considerations

  • A Demand Management program could provide opportunities for projects with net environmental benefits that would not be available under potential Compact administration.
  • A Demand Management program should not harm the environment, should build in considerations to minimize adverse environmental effects, and should incentivize projects that provide net environmental benefits.
  • A Demand Management program should use the suggestions in the Environmental Considerations document to evaluate project environmental benefits and impacts without creating an unnecessarily burdensome process for applicants. The suggestions should also be used as part of the criteria to prioritize projects. Potential environmental benefits are location and project specific and would need to be evaluated on a case-by-case basis.
  • A Demand Management program should identify project impacts and benefits to environmental resources including changes to flow regimes, instream flows, water quality standards, critical habitat, management/planning documents, and conservation needs and strategies if evaluation tools are readily available and applicable (for a more detailed list of potential resources impacted, see Environmental Considerations document).
  • Research and data gaps exist for evaluating environmental benefits and impacts, such as information on changes to hydrology, return flows, and wetlands. Streamlined approaches and methods are needed to make these assessments.

Funding

  • The funding workgroup initially identified a number of questions to help frame the conversation around funding a potential Demand Management program, including how much funding would such a program require.
  • To help quantify potential funding needs, workgroup members discussed factors that could affect a Demand Management program and built scenarios around them.
  • The factors included: volume of water needed, cost of potential program (i.e. $/acre-foot), percent of water savings expected from a Demand Management program (versus funded investments in infrastructure), acute or chronic need, year by which water is needed, and reservoir storage options.
  • Workgroup members came up with a preliminary list of funding ideas noting that not one concept, but rather a portfolio (potentially paired with a reverse auction model) would be beneficial: statewide tax (income, sales, property), regional tax, statewide fee, Bureau of Reclamation contribution, hydropower user fee, export user fee (i.e. Front Range water user rate increase).
  • Even with a diverse portfolio, COIVD-19 fundamentally changed the calculus and workgroup members expect we will likely see transformations in many water use sectors and the larger economies of the Western US if hydrology continues to deteriorate and Compact Administration becomes necessary.

Law and Policy

  • There are several open legal and policy questions relating to a potential Demand Management program, and the conclusions drawn could impact how a program operates and whether it works within existing law. These key legal and policy issues include, but are not limited to:
    • Would participation in a potential program be considered a beneficial use under Colorado law? What is the definition of Compact compliance?
    • How is program eligibility determined?
    • How is conserved consumptive use defined for purposes of participation in a potential program?
    • What is the appropriate definition of “temporary” in the context of a potential Demand Management program?
    • What is the appropriate procedure for project review and approval?

Monitoring and Verification

  • Quantification, measurement, monitoring, and verification must be honest, accurate, and defensible.
  • Participation and monitoring and verification must be protective of other water users.
  • Participation must result in added water to the system.
  • Participation and monitoring and verification must be as simple, easy, and flexible as possible while still meeting the first three principles.
  • Water Rights Administration and Accounting

  • Any potential program should take into consideration the appropriate process for changing the use of a water right from its current use to Demand Management.
  • The question of whether Demand Management is a beneficial use of water should be considered before a potential program is established.
  • Changes in administration and accounting for storage should be considered in establishing a potential program.
  • Appropriate scrutiny for any program should be balanced against the need for ease and flexibility.
  • Division of Water Resources Releases Decennial Abandonment List of Water Rights

    Alan Ward stands at the Ewing Ditch headgate,

    Here’s the release from the Colorado Division of Water Resources (Chris Arend):

    The Colorado Division of Water Resources (DWR) released the Decennial Abandonment List of water rights [July 1, 2020], an important process of Colorado water law and Colorado’s system of administering our state’s water rights.

    Every 10 years the Colorado Division of Water Resources is required by Colorado law to present a list of water rights that each Division Engineer has determined to meet the criteria of abandonment to the water court. “Abandonment” is defined as the termination of an absolute water right in whole or in part as a result of the intent of the owner to permanently discontinue the use of the water under that water right.

    “The Decennial Abandonment is an important feature of Colorado water law that is beneficial to water users by providing more certainty,” said Kevin Rein, State Engineer and Director, Colorado Division of Water Resources. “Canceling these rights means that the water users did not use them for a sustained period of time and cannot begin using them again, which provides administrative stability on the stream to the benefit of active water rights.”

    The abandonment list is carefully crafted every 10 years by the Division Engineers, who administer water rights in 7 different water basins throughout the state. The list is created by reviewing records of water diversions, conducting site visits, and completing other fact-based research.

    After the abandonment list is published, notices are placed in local news outlets and a certified letter is sent to the last-known owner of the water right.

    Any person wishing to object to the inclusion of a water right on the initial list may file a statement of objection in writing with the division engineer by July 1, 2021. An objection form is available on DWR’s website.

    By December 31, 2021, the Division Engineer will file a revised abandonment list with the water court. Written protests may be submitted to the water court by June 30, 2022. The list of water rights to be abandoned will be finalized by the water court.

    The Decennial Abandonment list is available on DWR’s website here.

    Detailed timeline of Abandonment List process and relevant statutes.

    Webinar: “Gunnison State of the River” — The Colorado River District #GunnisonRiver #ColoradoRiver #COriver #aridification

    Upper Gunnison watershed May 2019. Photo credit: Greg Hobbs

    Click here for all the inside skinny and to register:

    Gunnison State of the River

    Description
    Learn about current Gunnison Basin water conditions, drought, and water planning at the virtual Gunnison State of the River meeting hosted by the Colorado River District.

    Agenda

    •Bob Hurford, Division 4 (Gunnison Basin) engineer with the Colorado Division of Water Resources, will talk about the weak winter snowpack, the dry spring and how these factors are affecting streamflows, reservoir storage and water rights administration.

    •Andy Mueller, general manager of the Colorado River District, will address the “Protection of West Slope water as we face an uncertain future.”

    • Molly Mugglestone, director of communications and Colorado policy for Business for Water Stewardship, will present on a study that found Colorado’s rivers are major economic drivers producing nearly $19 billion in output annually from people recreating on or near rivers, streams, lakes, reservoirs and waterways.

    • Tom Alvey, head of the projects committee for the Gunnison Basin Roundtable, and Jim Pokrandt, community affairs director for the River District, will discuss hot water topics in the basin including drought, fruit freezes, an update of the roundtable’s water plan for the region, how the new crops of hemp and hops are working and the River District’s Lower Gunnison Project.

    Time
    Jun 24, 2020 06:00 PM in Mountain Time (US and Canada)

    Map of the Gunnison River drainage basin in Colorado, USA. Made using public domain USGS data. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69257550

    Bear River administration May 24, 2020 — Scott Hummer

    Bear River at Hernage and Kolbe Ditch May 23, 2020. Photo credit: Scott Hummer/DWR

    From email from Scott Hummer at the Colorado Division of Water Resources:

    Bear River Water Users,

    Effective at 9:00 am, tomorrow, May 24, 2020: The Bear River will go on Call and under Administration.

    The Swing Right (most junior right partially in priority) will be Yamcolo Reservoir, Admin #41329.00000…the dry up point is the Nickell Ditch.
    All current diversions “junior” to Admin #41329.00000…Must be curtailed.

    Water will be released from Yamcolo tomorrow morning in order to meet the demand by Senior rights at the bottom end of the system.

    There is currently not a need for any water users Senior to Yamcolo Reservoir to place an order for the delivery of contracted/stored water.
    The Call situation will be subject to change dependent upon a variety of circumstances, I’ll keep you posted as to any changes in a timely manner.

    UYWCD is currently planning to calibrate the new measuring equipment in the Five Pine Ditch on Tuesday the 26th…and there may be some fluctuation in river flows during the task.

    Please contact me with any further questions or comments.

    Respectfully,
    Scott

    @CWCB_DNR: April 2020 #Drought Update

    From the Colorado Water Conservation Board (Ben Wade):

    In western drought reporting, an average water year is cause for celebration. While average statewide snowpack and reservoir levels provide many water managers with above-average relief, our dry southern peaks and windy eastern plains are of notable drought concern. Statewide snowpack peaked at 104% of normal on April 8th, yet melt-out rates may be dramatic across the southern basins. North Central Colorado benefited from repeated snow events throughout late March and April, with the Boulder station breaking the 1908-09 snowfall record on April 16th. Drought Task Force members convened remotely on April 23rd for an annual review of roles and procedure should the State’s Drought Plan be activated. The purpose of the Drought Task Force is to direct early implementation of water conservation programs and other drought response measures intended to minimize the state’s vulnerabilities to localized drought impacts.

    ● The 90-day Standardized Precipitation Index (SPI) (from Jan. 1 to Apr. 18) shows below average moisture for the SW and SE and above average for the central and north mountain regions.
    ● The U.S. Drought Monitor, released April 23, shows gradual worsening conditions across all of southern CO compared to preceding months. D0 (abnormally dry) conditions cover 13% of the state; D1 (moderate) covers 25%; D2 (severe) drought covers 29% of the southern edge (​up from 3% in March​); 33% of the state (north-central) remains drought free.

    Colorado Drought Monitor April 21. 2020.

    ● ENSO forecasts are still trending toward neutral conditions for spring and summer 2020, with a few model traces pointed toward La Nina.
    ● NOAA’s Climate Prediction Center three month outlook maps show increased probability for warmer than average temperatures May through July for much of the state and favorable, slightly higher than average, precipitation outlooks for the Eastern Plains.
    ● Reservoir storage remains above average for all major basins except the Rio Grande (83%) and Arkansas (93%). Statewide, reservoirs are at 107% of average and 61% capacity.

    ● Long-term trends confirm our summers are getting hotter. The current seasonal forecast is a reflection of this.
    ● Water providers and water users did not report any unusual impacts or concerns at this time.

    #YampaRiver at @USGS gage, above Stagecoach Reservoir, March 31, 2020 — Scott Hummer #runoff

    Yampa River at USGS gage, above Stagecoach Reservoir March 31, 2020. Photo credit: Scott Hummer.

    From email from Scott Hummer:

    Note the attached, taken yesterday afternoon…
    River is beginning to open up, calves are starting to hit the ground and irrigation season will soon be upon s in the high country!

    Yampa River Basin via Wikimedia. Ranchers and farmers in the valley have largely ignored Division Engineer Erin Light’s order to install measuring devices as of December, 2019.

    2020 #COleg: New law strengthens historical agricultural water uses — @AspenJournalism [#HB20-1159]

    A small pool of water along the Walker Ditch is kept free of ice and snow all winter long in order to provide water for cattle on the Monger Ranch near Hayden. A bill recently passed the Colorado legislature that allows ranchers’ historical stock watering rights to stay first in line, ahead of instream flow rights for the environment. Lauren Blair/Aspen Journalism

    From Aspen Journalism (Lauren Blair):

    A bill that cleared the Colorado legislature with bipartisan support March 4 seeks to resolve an eight-year debate over how ranchers and other water users can maintain their historical water use when dry conditions trigger cutbacks to protect streamflows.

    HB20-1159 [State Engineer Confirm Existing Use Instream Flow], which passed the House with a unanimous 63-0 vote and the Senate with a 31-1 vote, authorizes state water officials to confirm historical usages, such as water used for livestock, whether or not it’s held in an official water right. This allows ranchers’ uses to stay first in line for water ahead of the stream protections, known as instream-flow rights.

    “It’s really a belt-and-suspenders clarification of existing authority,” said Zane Kessler, director of government relations for the Colorado River Water Conservation District, which drafted the language for the bill. “I think it’s a good example of when we sit down and pore over these issues, it’s not hard to come up with a fix that protects West Slope water users and provides the state engineer the authority he needs to continue administering them.”

    Instream-flow rights, which are held exclusively by the Colorado Water Conservation Board, exist for the sole purpose of preserving the natural environment of streams and lakes “to a reasonable degree.” Most of these date to the 1970s and are junior to most agricultural-water rights under Colorado’s prior appropriation system of “first in time, first in right.” To date, instream-flow rights protect roughly 9,700 miles of stream in Colorado.

    Mud and manure line an access point for cattle to drink from a ditch on Doug Monger’s ranch near Hayden as winter nears its end. A bill recently passed the Colorado legislature that will protect ranchers’ historical uses without requiring them to go to water court. Photo credit: Lauren Blair/Aspen Journlism

    Historical uses

    The debate over historical uses has turned on whether a water user must go to water court to make their pre-existing use official in a decree.

    A 2012 drought brought the question to a head when state officials cut off water users on the Elk River in northwestern Colorado in favor of instream-flow rights. Although many ranchers in the area have water rights for irrigation that are senior to the 1977 instream-flow rights and have historically used that water also for their cattle, the state Division of Water Resources determined that livestock watering wasn’t implicit in irrigation rights.

    Those without specific rights for stockwatering were left high and dry once the summer irrigation season was deemed over, even though they had used the water for livestock for generations.

    “My grandparents bought this piece of land in 1946,” said Krista Monger, a cattle rancher on the Elk River. “We have the records to show we’ve been using (our water) for livestock.”

    Stockwatering and irrigation often go hand in hand. During the irrigation season, if a rancher’s livestock drink from the ditches used to irrigate their fields, the use is considered incidental to irrigation. But once the growing season is over and a rancher keeps the water flowing through the ditch for the exclusive purpose of watering their livestock, the use is not covered under irrigation-water rights.

    The amount of water typically used for exclusive stockwatering is a fraction of what is used for irrigating, around 80% to 90% less. Some ranchers also use stock ponds, which require a water-storage right.

    More than 90,000 irrigation-water rights are held across the state, of which 29,000 specifically name both irrigation and livestock uses. That means the new law could potentially apply to 61,000 water rights, although not all of these are held by ranchers raising livestock. An additional nearly 32,000 water rights are held exclusively for livestock purposes but not irrigation.

    The Monger family holds both irrigation- and livestock-water rights to grow hay and to water their 300 cattle. Her family’s rights and diligent record-keeping meant their ditches kept flowing while their neighbors’ ditches were shut down in 2012, highlighting the need for better record-keeping among the region’s irrigators.

    But the incident prompted a statewide debate over the meaning of Colorado statute C.R.S. 37-92-102(3)(b), which states that instream-flow rights are subject to pre-existing uses of water, “whether or not previously confirmed by court order or decree.”

    The state Department of Natural Resources, home to both the Division of Water Resources and CWCB, argued that when the instream-flow protections were created, lawmakers intended for water users to make their existing use official in a decree. The Colorado Cattlemen’s Association and the Colorado River Water Conservation District argued that the statute clearly precludes the need for a court decree and sought to protect ranchers’ historical usage without requiring them to go to water court.

    “The statute says… prior uses would be honored. But they’re saying the statute doesn’t say what the statute says,” said Mike Hogue, former president of the cattlemen’s group.

    After years of negotiations, stakeholders agreed on a simple piece of legislation to clarify the state water engineer’s authority “to confirm a claim of an existing use (if it) has not been previously confirmed by court order or decree,” according to the bill summary. The bill had bipartisan sponsorship from Reps. Marc Catlin, R-Montrose, and Dylan Roberts, D-Avon, and Sens. Don Coram, R-Montrose, and Kerry Donovan, D-Vail.

    “I do think this is very helpful legislation,” said State Engineer Kevin Rein, who is with the Division of Water Resources. “We had what I’d call an honest disagreement about what the statute meant. My position is if they change the law and give me a place to hang my hat on, that solves the problem.”

    Ditch water trickles back under the cover of snow and ice from a watering hole for cattle on the Monger ranch near Hayden. New legislation prevents ranchers’ water for stock from being shut off by an instream flow right for the environment. Photo credit: Lauren Blair/Aspen Journalism

    Wakeup call

    However, what the legislation doesn’t resolve — and what is perhaps a bigger Pandora’s box opened by the 2012 incident — is the decision that state water officials made that irrigation rights do not include stockwatering rights. In practice, irrigators around the state, many of whom hold water rights dating to the late 1800s and early 1900s, have used irrigation- or agricultural-water rights not to just irrigate their hayfields, but also to water their livestock.

    The new distinction means that ranchers with irrigation rights must apply for livestock water rights if they want to protect their usage into the future. Although the new legislation protects a rancher’s stockwatering use from being shut off specifically by an instream-flow right , their stockwater use could still be cut off if another water user makes a call on the river to fulfill a formal water right.

    “We all thought that was part of our ag water rights,” said Doug Monger, a Routt County commissioner and a cattle rancher on the Yampa River in northwest Colorado, and also uncle to Krista Monger. “It’s a wakeup call for all of us.”

    Aspen Journalism collaborates with The Craig Daily Press, Steamboat Pilot and Today and other Swift Communications newspapers on coverage of water and rivers. This story ran in the March 16 edition of the Craig Press.

    @CWCB_DNR: March 2020 #Drought Update

    Click here to read the update (Megan Holcomb/Tracy Kosloff):

    This year’s spring and summer drought outlook may be tough to predict, but currently the state’s northern mountains and Front Range look strong. There are increasing concerns of dry conditions along the Eastern Plains, in the southwest and San Juans where we are seeing slightly below average snowpacks and reservoir levels. There are reports of extremely dry subsoils on the Eastern Plains. Precipitation averages statewide have slipped from 95 to 90% of average statewide since mid-February. Statewide snowpack has decreased from 110% to 104% since mid-February. Streamflow forecasts are already showing the implications of dry autumn precipitation with forecasts ranging from 54% (Surface Creek near Cedaredge) to 132% (Spinney Reservoir Inflow) of median streamflow values.

    ● The 90-day Standardized Precipitation Index (SPI) (from Dec 18 to Mar 17) shows below average moisture for the SW and NE and distributed average or slightly above for the central and north mountain regions.
    ● The U.S. Drought Monitor, released March 19, shows worsening conditions in NE Colorado. D0 (abnormally dry) conditions cover 25% of the state; D1 (moderate) covers 42%; D2 (severe) drought covers 3% of the SE and SW corners; and 30% of the state (north-central) remains drought free.
    ● ENSO forecasts are still trending toward neutral conditions for spring and summer 2020.

    Colorado Drought Monitor March 17, 2020.

    ● NOAA’s Climate Prediction Center three month outlook maps show increased probability for warmer than average temperatures March through May for much of the state, and equal chances of near, above, or below average precipitation outlooks.
    ● Reservoir storage remains near to above normal: 84% to 123% of average in all major basins and 107% of average statewide. Last March 2019, statewide reservoirs were at 83% of average.
    ● SNOTEL Snow Water Equivalent (SWE) sites show statewide snowpack at 104% of record median (as of Mar 19).
    ● Water providers and water users did not report any unusual impacts or concerns at this time.

    January 2020 #Drought Update — @CWCB_DNR

    From the Colorado Department of Natural Resources (Megan Holcomb/Tracy Kosloff):

    2019 Calendar Year in Review: 2019 followed one of Colorado’s warmest, driest years on record with a severe drought in southwest Colorado. This drought (of 2018) was followed by a cold, wet 2019 spring and 150% of normal snowpack that helped clear the state of drought by June 2019. The 2019 monsoon season, however, was nearly absent and September 2019 was the hottest September on record. The dry 2019 October set much of the state below normal for the 2020 Water Year. These early deficits can still be made up, particularly with snowpack running slightly above normal to date. This, however, does not guarantee an above average runoff given our dry soils.

  • The 90-day Standardized Precipitation Index (SPI) from October 22 – January 19 shows geographically distributed average and slightly below average precipitation statewide.
  • According to the U.S. Drought Monitor, released January 15, D0 (abnormally dry), D1 (moderate drought), and D2 (severe drought) collectively cover 53% of Colorado. 35% of the state is under D3 (extreme) and D4 (exceptional) drought.
  • The long term ENSO forecasts are trending toward neutral conditions remaining for spring and summer 2020, while losing El Niño conditions. This could mean reduced​ odds of SW Colorado spring moisture.
  • NOAA’s Climate Prediction Center shows warmer than average temperature outlooks February through April for the SW half of the state, and normal precipitation outlooks for the entirety of the state.
  • Reservoir storage remains near to above normal (86 to 124% of average) in all major basins and is 109% of average statewide. This time last year reservoirs were 81% of average statewide.
  • Water providers and water users did not report any unusual impacts or concerns at this time.
  • Colorado Drought Monitor January 28, 2020.

    State looking to oppose White River storage project in water court — @AspenJournalism #ColoradoRiver #COriver #aridification

    The view looking downstream at the proposed site for the reservoir and dam on the White River. Colorado’s top water engineers are looking to oppose the project in water court because of their concerns that it is speculative. Photo credit: Heather Sackett/Aspen Journalism

    From Aspen Journalism (Heather Sackett):

    After years of their questions and concerns not being met, Colorado’s top water engineers are looking to formally oppose the water rights associated with a proposed reservoir project in northwest Colorado.

    In November, the Colorado Division of Water Resources filed a motion to intervene in the Rio Blanco Water Conservancy District’s application for a 90,000-acre-foot conditional water-storage right on the White River. The state DWR is now waiting for a judge to determine whether it will be allowed to file a statement of opposition in the case.

    For more than 4½ years, state engineers have expressed concerns that the conservancy district has not proven there is a need for the water, which would be stored in the proposed White River reservoir and dam project between Rangely and Meeker. The issue is whether Rio Blanco has shown that it can and will put to beneficial use the water rights it applied for in 2014. It remains unclear whether the town of Rangely needs the water.

    “And throughout this case, the Engineers have consistently maintained that RBWCD must demonstrate that its claimed water right is not speculative,” the motion reads. “Although RBWCD has addressed some of the Engineers’ concerns in the past six months, the Engineers maintain that RBWCD has not met its burden.”

    State Engineer Kevin Rein said his office had been trying to resolve its concerns with Rio Blanco’s claims to water informally and doesn’t take filing a motion to intervene lightly.

    “We are very aware of the influence we can have on the process and costs and delays, so we don’t just frivolously file a statement of opposition every time we have some issue with a case,” Rein said. “We believe there are issues that need to be fixed in this water-court application in order for it to go forward.”

    One option for the White River storage project would be an off-channel dam and reservoir at this location. Water would have to be pumped from the White River into the reservoir site. Photo credit: Heather Sackett/Aspen Journalism

    Rio Blanco declines comment

    The White River storage project, also known as the Wolf Creek project, would store anywhere from 44,000 to 2.92 million acre-feet of water. The water would be stored either in a reservoir formed by a dam across the main stem of the White River — this scale of project proposal is now rare in Colorado — or in an off-channel reservoir at the bottom of Wolf Creek gulch, just north of the river. Water would have to be pumped from the river uphill and into the off-channel reservoir.

    Rio Blanco District Manager Alden Vanden Brink 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.

    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.

    Rio Blanco says Kenney Reservoir is silting in at a rate of 300 acre-feet per year, threatening the future of Rangely’s water supply and flatwater recreation, and a new off-channel reservoir on the White River could help solve this problem.

    Deirdre Macnab, seen here on her 13,000-acre 4M Ranch between Rangely and Meeker, is the current sole opposer in the water court case for the White River storage project. Colorado’s top water engineers are looking to intervene in the case because they say the project applicant has not proven there is a need for the water. Photo credit: Heather Sackett/Aspen Journalism

    Opposition

    If a water-court judge grants the motion to intervene, the state will become the second opposer in the case. Currently, the only other remaining opposer is 4M Ranch, owned by Deirdre Macnab.

    Tucked between rolling hills of arid, sagebrush-covered rangeland, the proposed reservoir and dam site abut her 13,000-acre property along the White River.

    Macnab, who bought the beef and hay operation nearly five years ago, is on the board of the conservation group White River Alliance, as well as the Yampa/White/Green River Basin Roundtable. Macnab said the main reason she opposes the reservoir project is because of the state’s concerns.

    “If we felt that there was a clear purpose and need that would benefit the public, then we would, in fact, be supportive of this,” Macnab said. “But the fact that the experts are saying there does not appear to be a clear purpose and need means that this would be a real travesty and waste of taxpayer money. It’s something we will continue to oppose until that changes.”

    The site of the potential off-channel Wolf Creek Reservoir on the White River. Photo: Brent Gardner-Smith/Aspen Journalism

    Additional concerns

    State engineers are also concerned about the vagueness of the revised amounts of water for various uses that Rio Blanco says it needs.

    In a 2018 report, Division 6 engineer Erin Light questioned Rio Blanco’s claims that it needed water for industrial/oil and natural gas/oil shale and irrigation uses. In response, Rio Blanco dropped those claims but almost doubled the need for municipal and industrial use for the town of Rangely and added a new demand for recreation.

    The conservancy district also set the amount of water for environmental needs for threatened and endangered species at between 3,000 and 42,000 acre-feet despite its acknowledgement that the actual amount needed for this use was unknown. Rio Blanco then added a new demand for a sediment pool of 3,000 to 24,000 acre-feet and an insurance pool of up to 3,000 acre-feet but did not describe either of these uses.

    “Thus, despite removing its claims for industrial/oil and natural gas/oil shale, which originally accounted for over half the demand for the claimed water right, the total demands for water identified by RBWCD actually increased to 24,000-100,000 acre-feet,” the motion to intervene reads.

    Grant money

    Since 2013, the Colorado Water Conservation Board has given roughly $850,000 in grant money to Rio Blanco to study the White River storage project, including a $350,000 Colorado Water Plan grant in 2018. According to CWCB communications director Sara Leonard, Rio Blanco has so far spent about 60% of these most recent grant funds.

    Leonard said that DWR’s motion to intervene was not a surprise to the CWCB, that the two state agencies with seemingly differing views on the project have met and that the CWCB is aware of the state engineers’ concerns.

    “The grants that have been awarded to the applicant to date have all been with the intention of helping the District with the evaluation process,” Leonard wrote in an email. “In other words, the motion has not changed the scope of the ongoing work in the grant.”

    The Colorado River Water Conservation District has also given Rio Blanco $50,000 toward investigating the feasibility of the storage project.

    “We are not advocates and we are not opposers,” said Jim Pokrandt, director of River District community affairs and chair of the Colorado River Basin Roundtable. “It’s a regional question that our constituents need to figure out.”

    Aspen Journalism collaborates with The Craig Daily Press and other Swift Communications newspapers on coverage of water and rivers. This story appeared in the Jan. 17, 2020 edition of The Craig Daily Press.

    Northwest #Colorado ranchers grapple with state requirements to measure, record water use — @AspenJournalism

    Irrigated pasture at Mantle Ranch along the Yampa River. Ranchers in the Yampa River basin are grappling with the enforcement of state regulations that require them to monitor their water use. Photo credit: Brent Gardner-Smith/Aspen Journalism

    From Aspen Journalism (Lauren Blair):

    Irrigators in Northwest Colorado are facing a sea change in how they use their water, and many ranchers are greeting such a shift with reluctance and suspicion.

    The final frontier of the free river, irrigators in the Yampa River region have long used what they need when the water is flowing with little regulatory oversight. Water commissioners have been encouraging better record keeping in recent years, but a first-ever call on the system during the 2018 drought led state officials to begin enforcing requirements to measure and record water use.

    State law requires all irrigators to maintain measuring devices on their canals and ditches. Kevin Rein, state engineer and director of the Colorado Division of Water Resources, said such devices are widely used in other river basins throughout Colorado, where bigger populations and more demand for water have already led to stricter regulation of the resource. The Yampa River Basin is the last region to get into compliance, Rein said.

    “The basin went under call for the first time in 2018,” he said. “I would not call that a driving force; I would call that affirmation of why it’s been important … to do this for so many years.”

    Nearly 500 Yampa River Basin water users were ordered this fall to install a device by Nov. 30, although irrigators don’t need to comply until spring 2020, when irrigation water begins to run. Those without devices won’t be allowed to use their water and could be fined $500 daily if they do.

    The new enforcement is being met begrudgingly by irrigators, many of whom are third- and fourth-generation ranchers and whose families have never measured and recorded water use in more than 100 years.

    “Ever since the 1880s, there has never been a call on the Yampa River,” said Craig cattle rancher Dave Seely. “If there wasn’t any water, (ranchers) accepted the fact, so it’s unusual that suddenly we have all this coming down on us now.”

    A call on the river occurs when someone with senior water rights isn’t receiving their full allotted amount, and the state places a “call” for users with junior rights to send more water downstream or stop diverting altogether. The move triggers administration of the river by state water commissioners, who make site visits to monitor how much water is flowing through each ditch.

    A hayfield in the Elk River Basin, a tributary of the Yampa River. A first-ever call on the Yampa River in 2018 is leading state officials to enforce regulations about measuring water. Photo credit: Brent Gardner-Smith/Aspen Journalism

    Government oversight

    An air of the Wild West still lingers in this sparsely populated corner of the state, where many ranchers would rather accept a shortfall than invite the government into their affairs by making a call for their water.

    “They just took it on the chin and dry farmed,” Seely said.

    State officials have seen this resistance to change before and accept it as a matter of course.

    “It’s a rough, rocky road at first, but after a while, I think a lot of people will be glad they have a device there,” said Erin Light, Division 6 engineer with the Division of Water Resources.

    Light and her colleagues reminded irrigators at the Yampa-White-Green Basin Roundtable meeting in November that keeping accurate records helps protect their water right, since rights are considered abandoned if not used, although the state rarely enforces this.

    “Your water right has a value, a value to water your livestock or your crops, but it also has a dollar value for your heirs,” Scott Hummer, a Division 6 water commissioner, said at the meeting. “The only way they have to sell the water or get a price for the water is if the engineers know how much water is consumed by your crop.”

    But many irrigators feel mistrustful of state government having more oversight of their water and are worried that outside entities may have designs on the region’s largely unallocated resource. Climate change has led to hotter, drier conditions over the past 20 years, and growing populations have increased the demand for water — both in the Colorado River Basin and along the Front Range.

    “It just raises the question of what’s the drive behind it,” said third-generation Yampa cattle rancher Philip Rossi. “It’s hard to have an opinion when you don’t fully understand the long game.

    “They’re trying to put a monetary value on water,” Rossi said. “Are they trying to get a better understanding of exactly how much water there is … so they can put a value on it if they want to sell it? Are we helping ourselves, are we hurting ourselves, are we helping them? There’s so many of us that are not interested in selling our water.”

    Other ranchers are concerned that increased oversight could mean new restrictions even when water is plentiful. Many are in the habit of using as much water on their fields as they need, regardless of their decreed right.

    “When the water’s high, we want to get it across our fields quickly, so we take more water than (our allotted right),” said John Raftopoulos, a third-generation cattle rancher in western Moffat County. “The fear is that, even with high water, they’re going to cut you down to the maximum you can take … that they’ll regulate you to the strict letter of the law.”

    An irrigated hayfield along the lower Yampa River. If irrigators don’t install measuring devices on their diversions by the spring irrigation season, they could be fined $500 a day. Photo credit: Brent Gardner-Smith/Aspen Journalism

    No waste

    Rein said users could continue using more than their allotted right when the river is a free river — in other words, not under a call — as long as they are not wasting it.

    “There’s a statutory term called waste; you can’t divert more water than you can beneficially use,” Rein said.

    He also said keeping accurate records would only protect the water user as demand increases statewide and across the West.

    Measuring devices cost from $800 to $1,500, so installation can get expensive for the many ranchers who have more than one ditch. Rossi has three more devices to install. Raftopoulos has about five others, for a total of 15 on ditches irrigating roughly 2,500 acres of grass hay and alfalfa.

    Light estimated 100 irrigation structures had requested extensions — which she is granting in many cases until either July 31 or Oct. 31 — but she won’t have an accurate count on how many ditches are in compliance with the orders until May or June.

    “It’s something that was going to happen sooner or later because of water shortages. That’s the system, that’s the law,” Raftopoulos said. “It’s a burden right now, it’s expensive and it’s going to put more government in our ditches. There’s going to be more people watching what comes out.”

    Aspen Journalism collaborates with the Steamboat Pilot and Today, the Craig Press and other Swift Communications newspapers on coverage of rivers and water. This story appeared in the Dec. 27 edition of the Steamboat Pilot and Today.

    Yampa River Basin via Wikimedia.

    Anger and disappointment as #YampaRiver ranchers ordered to measure water — @WaterEdCO

    A lovely curve on the Bear River, which is really the headwaters of the Yampa River. Photo: Brent Gardner-Smith/Aspen Journalism

    From Water Education Colorado (Jerd Smith):

    Steamboat Springs: Hundreds of ranchers in the scenic Yampa Valley have ignored a state request to begin measuring the water they use, putting them on a collision course with regulators that will land many of them in court this summer if they don’t relent.

    Division Engineer Erin Light, the top water chief in the region, said roughly 70 percent of irrigators in this remote part of northwestern Colorado have not installed measuring devices, meaning that millions of gallons of water are being consumed without oversight, something that is routine on other river systems.

    “I sent out a notice in March saying, ‘I’m going to issue an order if you don’t install them now,’” she said. “It was a friendly gesture.”

    No one responded.

    “We have not been impressed with the response,” Light said.

    On Sept. 30, she issued a formal order to 550 ranchers, which, if ignored, could result in fines of up to $500 a day and court action.

    Yampa River Basin via Wikimedia. Ranchers and farmers in the valley have largely ignored Division Engineer Erin Light’s order to install measuring devices as of December, 2019.

    The deadline to respond this time was Nov. 30. Few did so, Light said.

    Under the terms of the order, ranchers who don’t install measuring flumes or other devices to track diversion rates from the river into their irrigation systems will be cut off if they try to irrigate in the spring. They will also likely face prosecution, Light said.

    “We’ll be working with the attorney general’s office to begin court proceedings,” she said.

    The issue reflects an end to a gentleman’s agreement that dates back to the late 1800s, a consensus that said these tough, resourceful ranchers could manage their own water, that the state did not need to issue a direct order, and that the hay meadows, and cattle and sheep operations, could continue diverting their irrigation water as they always had.

    And that’s largely because of the Yampa River’s amazing flows. Unlike almost any other place in Colorado and the West, water here was once so abundant that there was almost always plenty to go around. Measurements weren’t needed, and the state rarely had to step in to resolve disputes among water users, allowing Mother Nature free rein.

    But chronic drought, climate change, and population demands have begun eroding the Yampa’s once bountiful supplies. For the first time ever, in the desperately dry summer of 2018, Light was forced to step in, cutting off some irrigators because more senior water rights holders weren’t getting their legal share of water. That sent a shock across the valley but triggered little action.

    These days the Yampa River has the distinction of being the only one of Colorado’s eight major river basins that remains largely unmeasured and unregulated.

    But Light said the issue has become too critical, and water too scarce, to allow that to continue.

    Mike Camblin, whose family has been ranching here for more than 100 years, said he will comply with the order. But he and many of his colleagues feel the state has been too heavy handed in its approach.

    “What I don’t like about the order is that it’s forcing people to install those or they are going to get fined $500 a day to run water even if it’s a free river,” he said. The term free river means that there is enough water in the stream to satisfy all water rights, and under normal circumstances people can divert as much of the excess as they want.

    Not anymore.

    “I’m very disappointed,” said Dave Seely, a long-time rancher who has 11 different irrigation ditches that span Moffat and Routt counties.

    Many of his ditches already have measuring devices, but the order means he will have to install at least five new ones at a total cost of more than $10,000, he estimates.

    Light is aware of the anger in the ranching community and said she understands the financial burden the order will place on many irrigators.

    “I’ve been trying to encourage my water users to understand that there is a value to them in measuring how much water they divert. Water is often a rancher’s most valuable asset. But many don’t want to hear that,” she said.

    Seely plans to comply with the order so that he can divert in the spring. But there is a lingering resentment and sense of loss for an era that is ending.

    “Historically there was never a call on the river, but now there is,” Seely said. “Now we’re under the jurisdiction of the state engineer forever.”

    Hay fields in the upper Yampa River valley, northwest Colorado. Photo credit: Brent Gardner-Smith/Aspen Journalism

    @ColoradoDNR: November 2019 #Drought Update

    A beaver dam on the Gunnison River. Photo: Brent Gardner-Smith/Aspen Journalism

    From the Colorado Department of Natural Resources (Megan Holcomb/Tracy Kosloff):

    Water Year 2019 was characterized by a near average temperature and was the 34th wettest year in a 125-year period. Multiple state records were established in 2019, such as the March 13th bomb cyclone, the July 19th 115°F record at John Martin Dam, and the August 13th hail storm over eastern Colorado.

    The start of Water Year 2020 (WY2020) saw dramatic temperature swings statewide: from the warmest September on record (Sep. 2019) to the 4th coldest October on record (Oct. 2019), marking one of the largest rank jumps on record and one of the state’s biggest changes in monthly average temperature. Grand Junction experienced the coolest Oct. on record while Alamosa and Pueblo experienced the 2nd coolest Oct. on record.

  • The 90-day Standardized Precipitation Index (SPI) from August 26 – November 23 shows notable precipitation deficits in the western half of the state.
  • According to the U.S. Drought Monitor, released November 21, D0 (abnormally dry), D1 (moderate drought), and D2 (severe drought) collectively cover 75% of Colorado. Compared to the start of the Water Year 2020 (Oct. 1) the drought monitor shows degregations of 1-2 classes in the southern and western quadrants of the state.
  • The long term ENSO forecasts are trending toward neutral conditions remaining into the summer (entirety of WY2020). With no El Niño or La Niña forecast to dominate large-scale patterns, the outlook remains a bit more uncertain for the winter.
  • Colorado Drought Monitor November 26, 2019.
  • NOAA’s Climate Prediction Center shows warmer than average temperature outlooks December through February, and near-normal precipitation outlooks for the majority of the state. Northern basins may lean toward slightly above average precipitation these next three months.
  • Reservoir storage remains near to above normal (95 to 126% of average) in all major basins and is 109% of average statewide.
  • Water providers and water users did not report any unusual impacts or concerns at this time.
  • In #Colorado, 24 High-Hazard Dams Are Seen as Problematic — Claims Journal

    Lawn Lake Flood

    From the Claims Journal (Mark Volz):

    Two dozen aging dams in Colorado were in unsatisfactory condition and are located in places where their failure would likely kill at least one person, according to an Associated Press investigation that found at least 1,688 such dams nationwide.

    The 24 Colorado dams range in age from 41 to 127 years old and are used for irrigation, recreation and drinking water supply, according to public records obtained by the AP during the more than two year investigation. They are spread among 16 counties, with El Paso having four, Jefferson three and Mesa and Park counties having two each.

    Records show the dams are up-to-date with their inspections, and all have emergency action plans in case of a failure. In addition, work is underway or planned for some of the dams, and at least one in El Paso County, South Lake dam, has been repaired, said Bill McCormick, chief of Colorado Dam Safety at the state Division of Water Resources.

    Twenty-one of the 24 Colorado dams are privately owned or owned by local governments, and the decision to fix a dam is the owner’s, McCormick said. State regulators can order a reservoir’s water level lowered to a safe level if a dam is in unsatisfactory condition or drain the reservoir if there is no safe level.

    “If owners can live with less than full storage, they may not have the incentive to fix their dam,” he said in an email to the AP. “We try to incentivize owners to fix their dams, but the decision is theirs.”

    […]

    In September, the Federal Emergency Management Agency awarded Colorado over $260,000 to conduct risk assessments and repair high-hazard dams, the term used to describe a structure whose failure would likely result in at least one death…

    Since 1950, there have been six major dam failures in Colorado, according to a 2018 Colorado State Hazard Mitigation Plan. They include the 1982 Lawn Lake Dam failure in Larimer County that killed four people and caused $31 million in property damage.

    2020 #COleg: Interim Water Resources committee proposed bills

    State Capitol May 12, 2018 via Aspen Journalism

    From The Grand Junction Daily Sentinel (Charles Ashby):

    The Legislature’s Water Resources Review Committee approved introducing four bills on [October 24, 2019], two of which are aimed at protecting and improving the state’s water supply.

    “We have an incredible opportunity to pilot and deploy new technologies that could revolutionize and improve how we manage and consume Colorado’s most essential natural resource,” said Rep. Dylan Roberts, D-Avon, vice chairman of the 10-member committee, which also includes Rep. Marc Catlin, R-Montrose, and Sens. Kerry Donovan, D-Vail, and Don Coram, R-Montrose.

    The water speculation measure, which Donovan and Coram are to introduce in the Senate, calls on the Colorado Department of Natural Resources to convene a special work group to study the extent of water speculation in the state, and report back to the committee by 2021…

    The new technology measure, which Donovan also is to help introduce, calls on the University of Colorado and the Colorado Water Institute at Colorado State University to conduct feasibility studies on such things as using sensors to monitor surface and groundwater use and quality, and using aerial and satellite technologies to help monitor water supplies.

    The other two measures call on the Colorado Water Conservation Board to broaden its public comment rules for its water resources demand management program, and requiring the Colorado Division of Water Resources to hire more well inspectors.

    From Colorado Politics (Michael Karlik):

    The Water Resources Review Committee advanced Bill 5, which would set a minimum number of six well inspectors during the next fiscal year. The price tag is estimated at $279,000 in the first year, with the original bill tentatively tying funding to whether voters pass Proposition DD in November. The initiative would legalize sports betting, with tax money going to the state’s water plan.

    If DD were to fail, the legislature would have to raise well permit fees by 45%. However, the committee approved an amendment to remove the funding alternatives from the legislation until further consideration. The bill would also prioritize high-risk wells for inspection.

    Currently, there are two full-time inspectors and a chief inspector who has duties other than inspections…

    Earlier this year, the Colorado Office of the State Auditor found that 4,000 wells were constructed in fiscal year 2018. However, only 310 were inspected—and fewer than 10% of the high-risk wells…

    Bill 6 would require the executive director of the Department of Natural Resources to recommend changes to the state’s water anti-speculation law. A spokesperson for the House Democrats said that committee members have heard about people purchasing Western Slope water rights, holding them while the price appreciates, and then selling the rights for a profit.

    “I don’t think a hedge fund invests in anything without an expectation of making money off of it. Do we know if that’s speculation? We don’t,” said Sen. Kerry Donovan, D-Vail. “Do we have the needed laws in place to prosecute what could be water speculation under the expectation of demand management? That’s some of what we need to look at.”

    The committee also advanced Bill 2, which clarifies public comment procedures for any changes to a program for demand management, as well as Bill 3, which directs the University of Colorado and other state agencies to study the feasibility of new water management and monitoring technologies. These include sensors, aerial observation platforms and satellite-based remote sensors.

    #Colorado farmers fight to save their water and their community’s future — @HighCountryNews

    From the High Country News (Nick Bowlin):

    One day in mid-July [2019], Colorado state engineer Kevin Rein stood before a packed room of farmers and ranchers and admitted that he might be forced to ruin their lives. Rein, a middle-aged man with wavy gray hair, spoke in the measured tones of a technocrat, but his message was dire: If the valley’s residents cannot figure out how to sustainably manage their water use, the state would do it for them. And though he stressed, time and again, his office’s dedication to working with them, and though he praised their efforts, his goodwill fell flat in the hot, poorly ventilated room, where more than 120 people were crammed, worried about their future.

    For most of the 20th century, water use in this southern Colorado basin outstripped water supply. The people of the valley came up with an uncommon solution to this not-uncommon problem: an experiment in communal water management. And what they’ve found is that self-governance is hard. Rein not only has the authority, but a legal mandate, to end this experiment if its failure becomes assured. If or when it becomes clear that the San Luis Valley’s water system cannot reach a sustainable level by the year 2031, then, yes, he said, his office would shut off irrigation for a substantial part of the area. That would mean no water for many fields, which could mean foreclosures, bankruptcies and family farms sold.

    The stifling room went silent for a full 10 seconds. When the questions resumed, they came without outrage. Rein was not the villain. Most people present must have known that, in the end, they themselves represented both the cause of the problem and its only possible solution.

    Cleave Simpson, bottom right, converses with other water users following a Subdistrict 1 budget meeting. Photo credit: Luna Anna Archey/High Country News

    THE SAN LUIS VALLEY is a high-mountain desert ringed by the Southern Rockies and blessed with unusual water resources. From its headwaters in the San Juan Mountains, the Rio Grande traces southeast down to the valley floor, beneath which lie two enormous stores of water, one just belowground, the other deeper and enclosed by clay. The river and these aquifers sustain more than 1,500 farms and ranches — and the towns that rely on them — in harsh conditions generally inhospitable to agriculture. Center, a small town with a predictable location relative to the rest of the valley, registers some of Colorado’s coldest temperatures and lowest rainfall. Farming at almost 8,000 feet means long winters and a three-month growing season, accompanied by regular dry spells and occasional July killing frosts. But the sandy soil and near-constant sun are great for potatoes, making the valley the nation’s second-largest producer of “fresh” spuds — as in produce found in a store, not French fries. Other crops include barley, which often goes to the Coors Brewing Company, and alfalfa.

    When morning comes to the valley, the Sangre de Cristo (“Blood of Christ”) Mountains earn their name, burning blood-red as the sun summits the sawtooth peaks. On high, snowpack endures for most of the year, watched daily by the farmers below, whose yearly water supply depends on the runoff. A drought that began in 2002 and continues today — recent rainfall notwithstanding — made the valley’s water deficit even more acute. In response to this new aridity, the people of the valley sought authority to regulate their own water use, which the state granted in 2004. In 2012, local governing bodies made up of water users across the valley began to tax commercial irrigation, replace water removed from rivers and streams, and pay farmers to fallow their land.

    Western water wonks mostly view this attempt at self-management with hope, as a possible model for other communities facing water crises. But on the ground in the valley, the situation is grim. Last year, the snowpack was low and little rain fell; the Rio Grande’s flow in 2018 was one of the lowest ever recorded. The U.S. Department of Agriculture designated the valley a drought disaster area. With little surface water, farmers had to rely on water pumped from belowground, wiping out years of steady accretion to the shallower, or unconfined, aquifer. Last year’s dry spell put the valley back where it started: about 800,000 acre-feet below the aquifer’s legally mandated recovery level. Seven years gone and no net gains. In December, Rein sent the valley a warning letter. If, he wrote, it is “undeniable that the sustainability goals” will not be met by the 2031 deadline, irrigation shutdowns would follow. Rein would repeat this message in July. This threat now haunts thousands of water users, an ever-present doom on the horizon.

    Kyler Brown rides along the Rio Grande River, where headgates divert water into irrigation canals. Coming up with a plan to reduce water use is the easy part, he says. Changing peoples’ behavior is trickier. Photo credit: Luna Anna Archey/High Country News

    DROUGHTS BELONG TO THE CHAOTIC FORCES OF CLIMATE, and markets to invisible hands. But the San Luis Valley’s experiment in self-governance means that its agricultural producers control their own fate. Among them is Kyler Brown, who farms barley and potatoes a few miles north of Monte Vista. On a windy, warm day, Brown drove me through his family fields. The farm belongs to his father-in-law; Brown married into the valley. He is 36, tall and sturdy, and sports a black beard and a wide-brimmed hat. Brown laughs often in loud bursts and treats the valley’s struggles to moderate water use with a black humor. To him, the valley is suffering from old habits that die hard.

    “It hasn’t led to violence yet,” he said with a grin, as the truck bounced down a two-wheel dirt track. The San Luis Valley is occasionally called “the Kumbaya basin” for its collaborative spirit, but Brown dislikes this description. For decades, the locals lived beyond nature’s limits. Now, water is scarce.

    It was late March, and the snow still sat heavy on the surrounding peaks. The irrigation ditch adjoining the fields was overgrown with weeds. Soon, the scrub would be burned clean, the gates connecting Brown’s fields to the Rio Grande Canal open, and his water allotment flowing. Brown steered with one square tanned hand and gestured with the other. If the valley’s farms and ranches, its towns and economies, are to survive, he said, their relationship to water must change, and yet Brown does not think the local governance system, as it stands now, is up to the challenge. “People thought the (water management system) was the miracle, that was the amazing thing,” he said. But implementing the system, forming committees and boards, that’s the easy part, Brown went on. Changing how people act, that’s the real work.

    This is especially true when water suddenly appears plentiful, as it did this spring. As if in response to Rein’s letter, southwestern Colorado had one of its snowiest winters in decades. In the mountains above the valley, the season-to-date snowpack average stayed above 300% for most of the spring. The Rio Grande, snow-fed, ran fast and full across the heart of the valley. Grazing meadows flooded in places. Ditches and canals, the vascular system that carries the lifeblood of the valley, filled.

    This, then, was the challenge the valley faced, after the disastrous drought and Rein’s letter: 2019’s abundant water, set against 2018’s drought, offered yet another test of the farmers’ habits. Could they use the welcome, unexpected snowpack to refill the aquifers? This is a hard ask: Last year’s drought strained farmers financially. This year, the resource is plentiful.

    Brown wants to take on this clash between individual and communal interest. Over the winter, he proposed a “consensus-building” plan to the local water management authority — something that would bring farmers, ranchers and community members together to build agreement on a few key conservation points. As Brown sees it, the people of the valley need to accept that the problem is not principally, or only, water scarcity. People’s water habits, the crops they grow, the decisions they make on the farm: All of these need to be held up and examined under the new arid realities.

    “Everyone needs to think every time they turn on a pump,” he said.

    Kyler Brown rides along a section of pooled water on the land where he runs his cattle. There hasn’t been so much standing water at summer’s end in years. Photo credit: Luna Anna Archey/High Country News

    Brown took me to a small meadow near the Rio Grande, where he runs a few dozen cattle on the cottonwood flats. The river was full to its banks, running dark and cold. Seeing so much water makes scarcity hard to imagine. It’s easy to think that way when the river is full.

    Perhaps that’s been the problem all along. The valley’s system of water rights dates back to the 1850s, following the Mexican-American War. The Rio Grande supported the area’s early farms and ranches. Acequias, community water channels, shared the resource at the valley’s southern end. Founded in 1852, the San Luis People’s Ditch in Culebra Creek is the oldest continuously used water right in the state. These waterways created thousands of acres of marshy terrain in the low country, grown over with stands of cottonwood and willow that shaded native wildflowers. By 1900, the entire flow of the Rio Grande was allocated via surface water rights.

    The well that Kyler Brown uses for irrigation was drilled in 1978. Photo credit: Luna Anna Archey/High Country News

    After World War II, electrification enabled farmers to pump water from wells tapped deep into the aquifers. By the second half of the 20th century, surface-water users had to curb irrigation, thanks to river compacts formed with downstream states. Well users faced no such restrictions. They pumped away, which impacted stream flows, since ground- and surface water interact. For a time, this was not a problem; there was enough water to go around for both surface and groundwater users. (In fact, the water table was so high that valley houses built in the early 20th century don’t have basements.)

    The development of center-pivot sprinklers in the 1970s brought big changes, expanding agricultural capacity by allowing more efficient irrigation, no matter what the river was doing. Water use and farm size increased. Before this pumping technology, fields were flooded from the irrigation ditches, and the runoff helped replenish groundwater. But now, the combination of pumps and sprinklers drained the groundwater without replenishing it. Few questioned what this technology allowed. The water table dropped, and the rivers and creeks thinned. The pheasants that once thrived in the thickets and woodlands disappeared.

    Center, Colorado, is surrounded by center-pivot-irrigated farms that draw water from shrinking aquifers below the San Luis Valley. Photo credit: Google Earth

    TODAY, MORE THAN 14,000 PERMITTED WELLS puncture the valley floor. On a map, they appear as a tightly packed confederation of crop circles, laid out like thousands of green sundials set against the dusty waste of the desert. Many of these wells pump within the valley’s first water management “subdistrict,” which began the experiment in self-governance eight years ago. Two more subdistricts became active this year, on May 1. If all goes according to plan, there will be seven of these, distinguished by differences in geography and hydrology.

    The actual work of shared governance takes place through the taxpayer-funded Rio Grande Water Conservation District, which includes the subdistricts. In practice, this involves committee meetings, lots of them. Each subdistrict’s board is made up of water users — farmers and ranchers. (Board members are mostly, but not uniformly, older, white and male. The valley is not — about half the population is Hispanic or Latino.) The meetings take place in a drab, reddish stucco building outside Alamosa. Committee members show up in stiff jeans, flannel shirts and seed caps that are removed for the Pledge of Allegiance, which begins each meeting, revealing pale foreheads above weather-beaten faces. The audience resembles the boards. Most people seem to know each other. Before an April session, I heard a farmer in a hat that proclaimed “compost done right” confide to the man next to him that “we’re going to be doing more quinoa this year, for sure.”

    The meetings themselves tend to be dry affairs. In April, Subdistrict 2 board members went page-by-page through the annual water plan, discussed a few water leases, and solemnly approved a $78.22 refund to a ranch for a water fee overcharge. Someone cracked a joke about “counting every penny.” But these sessions, however mundane, are where the water management work gets done, amid a patchwork of interests, values and preoccupations.

    Board and community members gather at a Rio Grande Water Conservation District’s Subdistrict 1 budget meeting in August. The subdistrict voted to raise pumping fees from $90 per acre-foot to $150 per acre-foot. They also discussed the fallow field program and ways to make it more accessible for farmers, such as allowing half fields to be fallowed. Photo credit: Luna Anna Archey/High Country News

    Cattle ranchers sit next to barley and alfalfa producers. Big operators who own thousands of acres farmed with the newest in GPS-driven tractor technology rub shoulders with smallholders who supplement their agricultural income with a second job in one of the scattered towns. Some have water wells and some have river rights, and many have both. There are disagreements and digressions, punishingly long budget sessions, personal gripes, and episodic displays of resourcefulness and democratic good sense. In the middle of all this is Cleave Simpson, the water district manager, a fourth-generation farmer who tends about 800 acres of hay. Tall, thick-shouldered with sun-narrowed eyes, Simpson has a remarkable ability to explain water policy minutiae in clear, everyday language. People remark on his steady presence and decent conduct in an uncertain time. Even people who disagree with him tell me this.

    Simpson believes that the valley can fix its water imbalance, but he admits the difficulty. Cutting water use is unpleasant, he told me, “but we can either wait on Mother Nature — or we can give it a shot ourselves.”

    For eight years, the first subdistrict has given it a shot, and the results are uneven. Farmers within its borders must comply with the subdistrict’s water plan or get their own through state water court. Some early resistance aside, most chose the first option. Subdistrict 1 has several tools at hand to curb pumping. The primary one is a fee on pumped water; the current rate is $90 per acre-foot. Those with excess water can sell it to those who want more, via a credit system. There is also a program that pays farmers to take land out of production. About 10,000 acres of farmland have been retired this way, only about a quarter of the expected figure by this point.

    Though the system is complicated, the aquifer is not. The aquifer responds to two things: recharge from the surface and reduced pumping. The effects are so obvious that locals sometimes refer to the aquifer as “the bathtub.” The amount of surface recharge each year is limited, so replenishing the aquifer effectively means less groundwater pumping for irrigation. That’s the hard part.

    Subdistrict 1 sits atop the unconfined aquifer, so in many ways it is the most important. Many of the largest and most lucrative farms are here, in the heart of the valley. The subdistrict stops just before the Rio Grande to the south and stretches into the valley’s northern reaches, where smaller farms and ranches sit amid the sage and chico brush. Most of the farmers here grow barley, alfalfa or potatoes. Almost all of them rely on wells that pump from the aquifer. When Rein threatened a pumping shut-off, he was referring to Subdistrict 1’s more than 3,000 wells.

    Rein’s letter woke people up, said Erin Nissen, who plants potatoes and barley with her father, Lyle, outside the small town of Mosca. At a special meeting after the letter ran in the local paper, several dozen people were expected to show. Hundreds came, filling the room and spilling out the door. “The letter was good,” she told me over the phone. “Scary, but good. There was talk from the beginning: ‘Oh, it’s fine, they won’t come and shut off the wells.’ ”

    People are realizing now that the state might, indeed, shut off the wells. Part of the problem, according to Nissen, is an inability to require water-use cutbacks. When the subdistrict system was formed after the 2002 drought — the mention of which still makes valley farmers shiver — the architects thought market mechanisms would be enough, given commodity prices, and the hydraulic and climactic data available.

    While sound at the time, this model could not account for the realities of a changing climate, and the subdistrict has proven unable to discourage enough farmers from pumping. “There’s a really sad mindset of, ‘I can pay for it, so it’s my neighbor’s problem,’ ” Nissen said.

    Dale Bartee checks the soil in his field of organic flax seed. The plant requires less water than crops like alfalfa and barley. Photo credit: Luna Anna Archey/High Country News

    IN PRACTICE, THE SUBDISTRICT’S POLICIES cannot account for the valley’s unequal water distribution. Farmers with good surface water rights take what they need from the river and sell the extra as credits, while wealthier farmers and operations owned by corporations and other outside entities pay the pumping fee and buy up credits. In both cases, there is no behavior change. Hiking the pumping fee will eventually hurt large water users, but it would also devastate small, poorer farms and ranches. It doesn’t take much to break them. For some, the cost is already too high.

    That was the case for Dale Bartee’s neighbors, in the northern part of Subdistrict 1 near Center. In the past few years, he said, three locally owned farms nearby sold, in part due to the ever-rising pumping fee, with most of the land going to out-of-state investment firms.

    “We used to see all our neighbors on the road, and we’d stop and visit with them,” he said. “Not anymore; now, it’s just haul by and never see them.

    “It’s really hurt this area,” he added, sitting at his kitchen table in mid-August. He and his 8-year-old son, Kolby, had been out in the fields, and Bartee made sure Kolby washed his hands and arms before sitting down to talk. A laconic man with a horseshoe mustache, Bartee is the fourth generation of his family to work the farm and hopes to make it five. He runs a cow-calf herd, puts up hay and grows small grains. Kolby and his brother run a herd of 57 sheep. Bartee’s operation has middling surface rights, so he does all he can to limit pumping costs.

    Kolby Bartee, age 8, drives as his brother, Tyler, 12, feeds hay to sheep on their farm. The boys run their own sheep herd as part of their family’s fourth-generation farm. Photo credit: Luna Anna Archey/High Country News

    Read more on the business plot to export water from the San Luis Valley to the Front Range.

    All summer, farmers discussed a pumping fee increase as if it were a certainty. They were right. At a budget meeting in late August, Subdistrict 1’s board confirmed a $150-acre-foot rate for next year’s irrigation season. In the public comment period, many argued that the fee would drive farmers from the land. Others said an increase was the only choice, given the aquifer’s level. Several board members spoke about the rate hike as a grim necessity. To Bartee, the new fee means that “the big guys and the ones with the surface credits are just going to get bigger.”

    The other subdistricts seem to have learned a few things. LeRoy Salazar, the president of Subdistrict 3 near the Conejos River, which flows wide and shallow down from the San Juan Mountains and east across the valley’s southern end, said that his board can mandate water use restrictions during a dry spell. Simpson agrees, but obtaining this capacity for Subdistrict 1 would require an arduous return to water court. A small farmer himself, Simpson said that a $150-acre-foot fee could make his operation untenable.

    Without enforcement authority, Subdistrict 1 has minimal tools besides higher taxes to restrain pumping or manage competition between members. As Brown sees it, this sustains incentive structures that are geared toward use, not conservation and replenishment. “I have a decreed right to that water on paper, and I’m going to pump as much as I can, for as long as I can.”

    The instinct is understandable. Most farmers operate on tight financial margins and will pump all they can to bring their crops to market. But when it comes to creating a sustainable system for the valley as a whole, these private instincts run afoul of public considerations.

    By April, as snowmelt accelerated on the peaks and farmers prepared to plant potatoes, Brown was already souring on the prospects for his consensus-building plan, proposed to address the public-private push-and-pull. The response, he said at the time, had been pretty quiet. At an April presentation of the proposal by one of Brown’s friends, the skepticism was tangible. Brown said he understands public hesitation. The community has already tightened its belt, but it has not been enough. He likened the water challenge to a family budget.

    “Every family has a hard time living within its means,” he said. “Not because there aren’t externalities, like going to the emergency room or no Christmas bonus. But it’s about behavior.”

    Farmer Erin Nissen with some of her cattle. Under Subdistrict 1’s fallowed field program, she is still able to utilize the land for grazing. Photo credit: Luna Anna Archey/High Country News

    IF THE VALLEY IS TO MEET WATER DEMANDS, inherited habits from wetter times will need to change. Right now, for example, many farmers pump to their legal limit, whether or not the crops need water. In a year like 2018, when the rivers and ditches ran low, heavy well pumping is the only option for many. And in a wet year, the economics of farming and the demands of thirsty crops like alfalfa and wheat prevail. If the water is there, alfalfa will keep drinking. Of the crops that grow in the valley, alfalfa uses the most water per acre. It is also extremely lucrative: The valley exports bales by the truckload to dairies and stockyards all over the West, and in a good year like this one, a farmer can get three cuttings.

    In Subdistrict 1, it falls to the ranchers and farmers themselves to break these inherited habits. On the ground, this looks something like what Erin Nissen is up to. Nissen, who is in her late 20s, grew up on her family’s farm. She has a calm demeanor, a direct gaze and innovative ideas on how to manage water use.

    Her family operation consists of 11 fields, with each 120-acre section divided into 40-acre plots. Each plot is farmed independently, with crops that rotate each year. They currently grow 240 acres of potatoes and 60 acres of barley. Other fields are planted with cover crops, which are chopped up and turned back into the soil. Also in the rotation are fields of sorghum-sudangrass that are grazed by cattle, fertilizing the fields and thereby reducing the need for chemical inputs. All of this is done with an eye towards building up organic material and promoting healthier, more resilient soil, which acts as a sponge and better retains water. Once rare in the valley, crop rotation has become more common, its benefits for the soil now widely recognized.

    Erin Nissen shows the quinoa crop she planted to help decrease water use on her family’s farm. Photo credit: Luna Anna Archey/High Country News

    For irrigation, Nissen uses evaporation models to predict the precise amount of water her crops will need. If the afternoon turns cloudy, for instance, she’ll reduce irrigation by a few percent. Even the sprinklers have been modified — anything to shave water use down to the minimum. Newly installed nozzles spray water in droplets, like rain. Older models distribute a mist that is more likely to blow away. Nissen has also reduced the total number of acres she cultivates and voluntarily limits her pumping.

    Many farmers use some of these techniques, but few use them all. It can be hard to introduce crop rotations, let alone a full switch to less thirsty crops like quinoa and hemp. Habits are durable things, especially successful ones. Barley and potatoes, planted on the same fields every year — and irrigated in the same ways — have made and sustained many livelihoods in the valley.

    I asked Nissen why she has introduced so many changes, and her first answer was: necessity. The family has lower-priority surface water rights, so they depend on taxed water that is pumped from belowground. Cutbacks save money, and healthier soil means higher crop yields. But Nissen also called it an ethical move. Like so many young people who grow up on farms, she went away for college, graduating from Texas Tech University with a degree in agricultural and applied economics. After graduating, she returned, the fourth generation of her family on the farm. It’s not just any future she wants for the valley, but this one, where family farms of moderate size endure, where children work the same land their parents and grandparents tilled. Attaining that future, though, Nissen said, demands that she change her farm’s water habits. “It’s important that farmers cut back for the good of the valley,” she said.

    Kyler Brown’s five-year-old son, Elijah, plays at the family breakfast table with a swather that he made. Photo credit: Luna Anna Archey/High Country News

    THIS COMMUNAL VIEW was what Brown wanted to encourage with the consensus-building plan, breaking away from the system that brought on the current water crisis. In early June, the Subdistrict 1 board gave the proposal a muted response. For now, the idea has little life.

    Like Nissen, Brown’s ultimate hope is for people to face up to the conditions at hand and then consider what sort of future they want for the valley, before it’s too late. For both of them, the point of the subdistrict system, this experiment in self-governance, is not simply to guarantee the valley’s economic future, but, crucially, to sustain a certain sort of life on the land and the communities this life supports. “If we want as many people, as many families, working the land as possible, that’s a value we need to be working towards,” Brown said.

    Even while family farms and smaller operations endure in the San Luis Valley, many people describe a trend towards consolidation — larger farms growing at the expense of smaller operations, while outside dollars buy up land as investments or tax write-offs. Department of Agriculture census records show an increase in the number of large, rich farms in recent decades.

    The side of a farm building north of Center, Colorado. The farms in the San Luis Valley are known for their fresh potatoes. Photo credit: Luna Anna Archey/High Country News

    Some of the valley’s larger operations, such as North Star Farm, which is owned by a California-based trust, and Natural Prairie from Texas, are backed by outside money, as are many of the new hemp operations. Without the strong community ties and commitment to family farms that have inspired Nissen to overhaul her farming practices and conserve water, these deep-pocketed operations have little reason to limit their water use beyond the legal mandate.

    The San Luis Valley depends on agriculture. Along any of the valley’s highways, most of the storefronts and signs advertise this dependence, from engine shops and welders, to potato warehouses and irrigation engineers, to the shiny new combines that crouch in waiting along the bar ditch. People, too, rely on agriculture. Farm dollars fund a public school system and several hospitals. Monte Vista has more than a dozen churches. Alamosa boasts a small university, Adams State, which offers an agriculture degree tailored to local students.

    There is a divide between the valley’s majority-Hispanic towns and the farms that surround them, according Flora Archuleta, director of the San Luis Valley Immigrant Resource Center. “The people in control are white, the farmers,” she said. “They own the land.” Even so, she went on, Alamosa, Monte Vista and Center would likely not exist without agriculture. The resource center sits on a storefront strip down a gravel side street in Alamosa. Across the street, passenger train cars sit humped and rusting in an old railyard. The office is constantly busy — something different every day. In May, Immigration and Customs Enforcement (ICE) invaded a nearby Mexican restaurant, taking five people. Decades ago, more than 10,000 migrant workers staffed the farms each year. Some farmworkers, mainly Mexican and Guatemalan, still come up through New Mexico and Arizona for planting season, but fewer now, Archuleta said, due to the ever-increasing mechanization of industrial agriculture and tightening immigration policies over the past decade. “The valley is a farming community,” she said, “and that’s what people rely on.”

    As Heather Dutton, a fifth-generation valley resident and manager of the San Luis Valley Water Conservancy District, put it, even Alamosa’s mountain-bike stores — in a town of fewer than 10,000 people — exist because there are enough people with enough money to ride on weekends. “There’s this huge chain of people who are all able to live here because of farming in one way or another,” she said, sitting in a craft beer and coffee shop in Alamosa. When we got up to leave, Dutton stopped to say hello to several diners she knew. Like her, all of them rely in some way on the success of those farms for a livelihood.

    Alamosa, Colorado, in the San Luis Valley, is heavily dependent on the farm economy. Photo credit: Luna Anna Archey/High Country News

    A major downturn in agriculture — whether it happens over time, due to climate change and consolidating market forces, or immediately, should the state order well closures — would hurt Alamosa and the other towns. And the valley is already struggling, despite the presence of so many large, wealthy farms. Commodity prices have not been healthy in more than a decade, and the six counties that constitute the valley are among Colorado’s poorest. Shuttered storefronts dot Alamosa’s main street. A recent casualty is a J.C. Penney, which anchored the block for more than a century. Locals took this closure particularly hard, even petitioning the company to keep the store open. Explaining the closure in a statement, the company said it is shutting locations that do not meet financial targets.

    Archuleta’s family has lived in the area since before it was part of the U.S. If farming collapses, she predicts, “the valley would become a ghost town.”

    Water from an aquifer that lies below Colorado’s San Luis Valley flows through a center-pivot irrigation system, one of some 14,000 that draw water from below. Photo credit:Luna Anna Archey/High Country News

    IN FEBRUARY, MANY PEOPLE SPECULATED that, with a large river and some luck with snowmelt, the valley could regain what was lost last year and maybe substantially more. The first part came to pass: The Rio Grande is projected to have its highest annual flow in more than two decades. The second part did not. As of September, the aquifer had gained about 140,000 acre-feet, less than what had been lost in 2018 and not even the largest yearly recharge since 2002. The water level by summer’s end tends to be the replenishment for the year. It is enough to stay the threat of well shutdowns for now, but next year is as likely to return to drought as it is to resemble 2019. Rein’s warning endures. Did the valley take advantage of this year’s snowpack? As with most things, the result is mixed — not exactly a failure, but not all it could have been.

    During a Subdistrict 1 meeting, Cleave Simpson consults with a farmer in the audience. Photo credit: Luna Anna Archey/High Country News

    The valley’s people know that the subdistrict system may well fail, yet many continue to act on behalf of a project that asks them to place their trust in each other. Simpson was born here, left for the Colorado School of Mines, and spent more than a decade working as an engineer before coming back and buying a farm with his wife, Cathy, who is also a local. This tracks a pattern in Simpson’s family history; his great-grandfather was the first in the family to arrive in the valley. His grandfather left for a time, then came back, as did his father. His son, Jared, left for college. Now 27, he works the farm with his father. Simpson told me he does the often-thankless task of running the valley’s water governance system for his son. “I love agriculture,” he said. “My son loves agriculture. He has a college degree, he doesn’t have to do this. I do wonder why we keep beating our heads against the wall. But this is home.”

    And if it fails, this experiment in self-governance, why should people outside the valley, beyond these homes, care? I put this question to Brown in March. We were driving out along the dirt track through the low country that cradles the river. Snow was visible high above, and spring was coming on. He thought about this for a moment. The valley’s inhabitants produce food, and their livelihood depends upon a thriving agricultural economy, he said. Most of the country does not live this way. And failure to address the water crisis would threaten this way of life, another instance of the decades-long economic abandonment of rural America. But then, after a pause, he added something more. Here in the Colorado mountains, there exists a community, one with a past full of mistakes and a future dark with uncertainty — yet a community all the same. “People who live here aren’t any more special than people anywhere else,” he said, “but they also aren’t any less special than anyone else.”

    Kyler Brown carries his three-year-old daughter, Olivia, to the truck to drive her to daycare. Photo credit: Luna Anna Archey/High Country News

    Nick Bowlin is an editorial fellow at High Country News. Email him at nickbowlin@hcn.org.

    Some diverters in the #YampaRiver and #NorthPlatteRiver basins get orders from @DWR_CO to install measuring infrastructure by November 30, 2019

    Ralph Parshall squats next to the flume he designed at the Bellevue Hydrology Lab using water from the Cache la Poudre River. 1946. Photo Credit: Water Resource Archive, Colorado State University, via Legacy Water News.

    From Steamboat Today (Eleanor C. Hasenbeck):

    Erin Light is the division engineer for the Yampa, White and North Platte River basins for the Colorado Division of Water Resources, the state agency that manages water rights. Light said she’s sent orders requiring 575 water users to install headgates and measuring devices as required by Colorado law. Most of these orders went to users in the Yampa River basin, though Light estimated about 100 of them went to users in the North Platte River basin in North Park.

    In March, water rights holders received notice that they would be required to install headgates and measuring devices. Light estimated fewer than 25% of the users who received notices actually installed the required infrastructure.

    Now, those water rights owners have been sent an order to install these devices by Nov. 30. After that date, they’ll be required to either have devices in place or stop using their water.

    “If you choose to not divert water and say ‘Fine, I only have a headgate, I’m shutting it. Again, I’m shutting it. I’m not going to put a measuring device in.’ That’s fine, as long as you don’t divert water,” Light said. “But if you have a headgate, no measuring device and choose to divert water contrary to that order after Nov. 30, next spring, May or whenever you turn on (your water), and we see that, we’re going to shut the headgate, and if necessary, we’ll lock the headgate.”

    If users break the lock or open the gate, the division could pursue enforcement actions with the Colorado Attorney General’s Office, Light said.

    Without a headgate, users and engineers can’t shut off water. For users who divert water without a headgate, Light said the fine for diverting water contrary to the order is $500 each day water is flowing.

    Colorado water rights are a “use-it or lose-it” commodity. If a person is not using all of their water right, they can lose part or all of their water right through the abandonment process. Every 10 years, division engineers are required to provide the water court with a list of water rights they believe are abandoned partially or entirely. Light’s office is working through this process now. A preliminary list will be published on July 1, 2020.

    “We’re talking to people about the fact that their water right is being considered for abandonment, because we do have an initial list that we’ve developed,” Light said. “Our water commissioners are inspecting structures with water rights on the list and talking to water users, and there’s a lot of frustration (from users) about ‘How could my water right be on the abandonment list?’”

    Light said some users don’t realize they can lose part of their water right, but statute says water rights can be abandoned “in whole or in part.”

    Keeping accurate records can help. Light encourages water rights owners to track the water they’re using as her office works through the abandonment process. Light said water users should keep note when and at what flow they turn their diversions on or off, any time they adjust flows or anytime water levels in streams and ditches significantly fluctuate.

    “Maybe they did divert their water right, but we never got a record of it,” she said. “We observe something less because we weren’t out there at peak flow, and if water users would provide us accurate records of their water use, it’s possible that some of these water rights wouldn’t be included on the list. … It’s really critical that people start taking on that responsibility to protect their water right and keep records. It’s critical in many instances, but one of them is abandonment.”

    @CWCB_DNR: September 2019 #Drought Update

    Here’s the September 2019 Drought Update from the Colorado Water Conservation Board and Colorado Division of Water Resources (Ben Wade, Tracy Kosloff):

    August and September to date have both been warm, although the water year as a whole is the coldest since 2010. Above normal temperatures are predicted to continue in October. Recent months have also been dry although for the water year as a whole, precipitation ranges from average to above average statewide. ​The North American monsoon season was disappointing in Colorado and other parts of the Southwestern U.S. The monsoon season sometimes results in beneficial rainfall for Colorado, particularly in the southern portion of the state.

    The map of Snotel precipitation for the last 90 days (June 27- September 24) compared to the average for that time period shows how dry the summer has been in Colorado’s mountain areas.

    Colorado Drought Monitor October 1, 2019.

    ● The weak El Niño has officially ended in favor of neutral conditions. The long term ENSO forecasts are trending toward neutral conditions remaining through the winter.

    ● Reservoir storage across the state (as of the end of August) is 116% of average and 70% of capacity. At this time last year, statewide reservoir storage was at 82% of average.

    ● According to the U.S. Drought Monitor, released September 24, D0, abnormally dry, and D1, moderate drought, now cover 66 percent of Colorado.

    ● Water providers reported their systems are in good shape but water demand was high in August and September and they hope for beneficial moisture over the winter to avoid high demand next spring before runoff has refilled storage supplies.

    Renewable Water Resources San Luis Valley transmountain diversion project update

    Aerial view of the San Luis Valley’s irrigated agriculture. Photo by Rio de la Vista.

    From The Denver Post (Bruce Finley):

    Dangling money, the developers at Renewable Water Resources — which counts former Gov. Bill Owens as a principal — contend that because the urban Front Range is the richest part of the state, it has the potential to give the most to the poorest.

    They envision pumping 22,000 acre-feet per year from 14 wells drilled 2,000 feet deep at the foot of the Sangre de Cristo mountains, building a pipeline costing $250 million to $600 million, and then pumping water at least 40 miles northward over Poncha Pass toward Front Range cities.

    “We need between 300,000 acre-feet and 500,000 acre-feet of new water for the Front Range. The question is: Where’s that going to come from?” said Sean Tonner, managing partner of Renewable Water Resources.

    “We can take it out of the Colorado River, but we know what the stresses are there. The Poudre River? The Arkansas? The South Platte is already the most over-appropriated river. Folks are looking at moving water from the Mississippi River back to Colorado,” he said. “These are the lengths people are looking to for adding water.”

    Exporting San Luis Valley water would be “fairly easy” compared with other options, Tonner said…

    The San Luis Valley retort? “There is no win-win,” said Cleave Simpson, manager of the Rio Grande Water Conservation District and a farmer, who has been traveling statewide to make the case against this trans-basin diversion of water…

    The intensifying water battle here reflects the rising tensions and inequities across the arid western United States, where water and control over water looms as a primary factor of power. Thirsty Castle Rock, Parker, Castle Pines and other south metro Denver suburbs, where household incomes top $110,000 and development has depleted the groundwater, can marshal assets that dwarf those of farmers in the San Luis Valley, where families’ average income is less than $35,000…

    State officials in Denver say they will study Renewable Water Resources’ proposal once the developers file it at the state water court in Alamosa.

    “We’ll have to have a perspective of being open to anything,” said Colorado Department of Natural Resources director Dan Gibbs, declining to take a position…

    A Renewable Water Resources diagram provided to The Denver Post presented details of a water-siphon project that would begin near Moffat on a company-owned ranch with 14 wells spaced 1 mile apart. A pipeline, 24 inches to 32 inches in diameter, would convey no more than 22,000 acre-feet of water per year northward at least 40 miles over Poncha Pass to Salida, and also to a point west of Fairplay, Tonner said.

    San Luis Valley water then could be diverted into the Arkansas River, the Eleven Mile Reservoir used by Colorado Springs and the upper South Platte River that flows into a series of Denver Water reservoirs, he said.

    The exported valley water purchased by south Denver suburbs ultimately would be stored in the newly enlarged Chatfield Reservoir southwest of Denver and Parker’s Rueter-Hess Reservoir, still barely half full. Suburban water users would pay the cost of the pipelines, Tonner said, and Renewable Water Resources would use $68 million raised from investors to purchase water rights in the valley — rights to pump 32,000 acre-feet of water for irrigation. But the developers would export no more than 22,000 acre-feet a year. The difference would mean a net gain for the aquifer…

    At least 40 farmers have inquired about selling water rights, some of them meeting with former Gov. Owens and other Renewable Water Resources officials. Tonner also declined to identify those farmers…

    The ethics of siphoning water away from low-income areas toward the richest parts of the state would have to be considered as part of the state’s water project planning process, said Rebecca Mitchell, director of the Colorado Water Conservation Board.

    “That is definitely something that has to be looked at. Is that the way we want to grow as a state? Is that what the value structure is?” Mitchell said. “There are cases where those (trans-basin diversions) can be win-win. But without the buy-in of the local community, there are going to be struggles.”

    In recent months, Renewable Water Resources’ principals have been working quietly in the valley, meeting with farmers and proposing the creation of a $50 million “community fund” and possibly other payments. Just the annual interest income from such a fund could exceed Saguache County’s current budget, Tonner said.

    By paying farmers for a portion of their water rights, Renewable Water Resources could help them stay on their land, perhaps growing different crops that require less water such as hemp, and infuse the valley with the $50 million and possibly other payments while also retiring wells to ensure a net gain of water in the aquifer.

    System Conservation Pilot, water markets, and demand management #ColoradoRiver #COriver #aridification

    Hay fields under Meeker Ditch 2. Photo credit: Brent Gardner-Smith/Aspen Journalism

    From Time (Lucas Isakowitz):

    …scarcity is the mother of invention, and western states are coming up with innovative ways to save water. One was a pilot program which ran from 2015 to 2018 and paid farmers—including [Paul] Kehmeier—about $200 for every acre-foot of water that they had the right to but did not use…

    Over the course of four years, the pilot program sponsored 64 projects, conserving an estimated 46,000 acre-feet of water. There was so much interest in some districts that participants had to be selected via a lottery system. Participating farmers closed off some of their irrigation canals, allowing water that would normally go to their fields to flow downstream; at the same time, water administrative agencies and environmental groups like The Nature Conservancy and Trout Unlimited helped monitor flow rates.

    The pilot cost about $8.5 million, with funding coming almost entirely from the major municipalities that rely on the Colorado River, including Denver, Las Vegas and Los Angeles. Now the states in the upper Colorado River basin are exploring how to scale it up. Colorado has formed a series of working groups, set to meet for the first time in September, which will tackle questions like who will foot the bill for a large-scale program (which could run in the hundreds of millions of dollars), how to ensure participating farmers are legally allowed to lease out their water rights, and what sort of mechanisms can safeguard conserved water as it makes its way to reservoirs…

    Not everyone is thrilled about the possibility of a water market in the upper Colorado River. “Let’s be honest about what it is that we’re doing here: paying farmers not to farm, and drying up land to buy water,” says David Harold, a sweet-corn farmer from Olathe, Colorado, who participated in the pilot program for one year. “This is ‘buy-and-dry’ with another name,” he says, referring to the practice of cities buying land purely for the water rights tied to them, leaving rural communities parched and jobless…

    Harold isn’t the only skeptic. “Every single person I interviewed mentioned ‘buy-and-dry,’” says Kelsea MacIlroy, a PhD student at Colorado State University who interviewed 34 irrigators and water experts in western Colorado to understand local perceptions of a demand management program, which is a technical name for a water market where farmers can lease out their water. “People said ‘maybe it’s not exactly the same thing, but we’re afraid that demand management could lead to ‘buy and dry.’’’

    […]

    Some, like Harold, see a water market as putting their counties on the road towards becoming another Crowley. But others view a demand management program as a way to avoid the fate of Crowley County. As the pressure mounts along the Colorado River, something’s got to give, and a water market—in which farmers choose to lease their water out for a set period, regaining it again when the program times out—is a more palatable option than selling their water entitlements outright. “Demand management is different than ‘buy and dry’ because it leaves the water in the hands of the farmer,” says Kehmeier…

    For a demand management program to significantly reduce water security risks along the Colorado River, it will need to attract a lot of farmers and funding. Policymakers are envisioning a scaled-up version of the pilot that could lease out as much as half a million acre-feet of water by 2026, costing around $100 million. But even that won’t keep the Colorado River from over allocation. That’s why, MacIlroy says, some of the irrigators she spoke with felt demand management “was a Band-Aid and that there’s no point in continuing that conversation unless there are efforts being made to address the larger issues in the Colorado River.”

    @CWCB_DNR: August 2019 #Drought Update

    Click here to read the update (Ben Wade, Tracy Kosloff):

    August has been warmer than average across the majority of the state and each basin, except for the Republican basin, has experienced below average precipitation. The North American monsoon season has been disappointing in Colorado and other parts of the Southwestern U.S. The monsoon season sometimes results in beneficial moisture for south central Colorado and the eastern half of the state. Despite not receiving monsoon moisture, statewide precipitation for the Water Year, at mountain SNOTEL sites, is at 114% of average. After being the last state to experience a drought free U.S. Drought Monitor Map, which lasted eight weeks from late May through mid July, D0 has been introduced in various parts of the state (see map below). A portion of southwestern Colorado was downgraded to D1, moderate drought conditions. Reservoir storage across the state continues to be a bright spot at 116% of average.

    Colorado Drought Monitor August 27, 2019.
  • According to the U.S. Drought Monitor, released August 29, D0, abnormally dry has been introduced in the central mountains and has expanded in the southwest part of the state. D0 has shown up in pockets in Las Animas, El Paso & Larimer counties. D1, moderate drought, has been introduced back in La Plata & Montezuma counties.
  • The weak El Niño has officially ended in favor of neutral conditions. The long term ENSO forecasts are trending toward neutral conditions remaining through the winter.
  • Statewide monthly precipitation as of August 26 at mountain SNOTEL sites has been 56% of average. For the Water Year, statewide precipitation is 114% of average. The Climate Prediction Center’s one month outlook is predicting above average precipitation and temperature for most of the state for September.
  • Reservoir storage across the state (as of the end of July) is 116% of average and 78% of capacity. At this time last year, statewide reservoir storage was at 86% of average. The Gunnison basin has seen significant recovery after storage was depleted last year. The South Platte basin reservoirs are in the best shape since the late 1990s.
  • Water providers in attendance report their systems are in decent shape but water demand has increased due to above average temperatures in the past several weeks.
  • Some agricultural producers are reporting that corn is behind schedule due to a late start to the season. They are hopeful that frost will not occur before the crops reach maturity.
  • #YampaRiver: The more things change the more they stay the same

    From email from Scott Hummer:

    Please note the attached newspaper article from, the “Yampa Leader”, May 18, 1923…

    Kind of ironic…Given the fact, we’re still attempting to deal with the same issues in 2019 as they were on the ground in the Yampa Valley in 1923, and before…

    Editorial: #Nebraska should be vigilant to protect its #SouthPlatteRiver water allocation — Omaha World-Herald

    The Platte River is formed in western Nebraska east of the city of North Platte, Nebraska by the confluence of the North Platte and the South Platte Rivers, which both arise from snowmelt in the eastern Rockies east of the Continental Divide. Map via Wikimedia.

    From The Omaha World-Herald editorial board:

    Momentum is building in Colorado to create new reservoirs to draw more water from the South Platte River, reducing the flow into Nebraska. Nebraska officials should monitor this situation closely, now and in coming years, to make sure the water volume continues to meet the requirements under a 1923 South Platte River agreement between the two states.

    Maintaining a proper flow in the Platte River — formed by the confluence of the South Platte and North Platte Rivers in western Nebraska — is crucial to our state’s agriculture, hydropower and long-term metropolitan water sources for Omaha and Lincoln.

    Colorado apparently has considerable room at present to make further diversions and still remain in compliance. “In many years, more water is passing that gauging station at the state line than needs to” under the agreement, Colorado State Engineer Kevin Rein says.

    A group called the South Platte Regional Opportunities Working Group, or SPROWG, is proposing to store 175,000 acre-feet of water in a series of reservoirs on the South Platte River, from north of Denver to the Morgan County line. The project also includes a long pipeline to pump water from the river back to the metro area to be cleaned and re-used. Graphic credit: CWCB via Aspen Journalism

    The proposed reservoirs, to serve Front Range urban residents, would keep about 150,000 acre-feet of water in Colorado, the Denver Post reports. That’s about half of the estimated amount that Colorado lawmakers claim their state can legally divert on average each year under the 1923 agreement. For comparison: When full, Nebraska’s Lake McConaughy has a capacity of 1.74 million acre-feet.

    A 1993 study of Nebraska water history by the University of Nebraska-Lincoln stated, “Some Nebraskans may still bemoan that the state gave away too much water to Colorado in the South Platte Compact of 1923, but it was a voluntary agreement.”

    The tremendous metro growth in Colorado’s Front Range is spurring the call for new reservoirs. Urban groundwater levels are declining in the face of dramatically increased demand. Meanwhile, agricultural producers in Colorado’s South Platte River basin support reservoir creation as a way to safeguard their own groundwater from urban diversion. Officials in western Colorado are in favor, saying the South Platte water could reduce the current allocation of western Colorado water to the Front Range via tunnels. Supportive, too, are Colorado water-policy officials, who included the South Platte reservoir concept in their 2015 State Water Plan.

    In short, a wide-ranging set of powerful urban and rural interests in Colorado have come together to press for more South Platte water. “We owe it to our state, to our water users and our farmers to capture as much water as we can” out of the South Platte, said Joe Frank, manager of Colorado’s Lower South Platte Water Conservancy District.

    Nebraskans can take heart that strong legal protections are in place to safeguard the significant water volume the state receives via the North Platte River, a vital irrigation source. The river supplies Lake McConaughy, for example, with its wide-ranging irrigation and groundwater recharge role for more than half a million acres in the Platte River valley, plus hydropower generation and recreation.

    The U.S. Supreme Court issued a decree in 1945 setting out a legal framework for interstate water allocation along the North Platte. In 2001, Nebraska and Wyoming reached a settlement on sharing North Platte water after 15 years of legal wrangling. The agreement essentially froze Wyoming’s water use at the 2001 level and stipulated that groundwater hydrologically connected to the North Platte be included. The settlement created a committee — of federal, Nebraska, Wyoming and Colorado officials — to work out future disagreements.

    “In contrast to the meager and seasonal administrative execution of provisions contained in the South Platte Compact,” a 2006 UNL analysis stated, “administrative actions in the North Platte River watershed are extensive and occur year-round.”

    Whooping crane standing in shallow water. Credit: Randolph Femmer, USGS (public domain)

    Nebraska may have future legal leverage regarding the South Platte if any Colorado diversions raise environmental concerns, such as negative effects on protected animal species. Two examples: sandhill cranes and whooping cranes, which congregate in great numbers annually in central Nebraska.

    The proposed South Platte reservoirs are “one of those rare solutions that really is good for both rural Colorado and folks who live in the Denver metro area,” a Colorado state senator stated. Evidently so, but on this side of the border, Nebraskans need to remain watchful and assertive to ensure our state’s rights are recognized and safeguarded to the full extent of applicable law.

    Platte River photo credit US Bureau of Reclamation.

    @CWCB_DNR: July 2019 #Drought Update

    Here’s the release from the Colorado Department of Natural Resources (Ben Wade, Tracy Kosloff):

    July has seen above average temperatures across the state and below average precipitation. In contrast, the month of June was cool and wet. The North American monsoon season has been slow to start in Colorado, but is anticipated to bring moisture to Colorado in the next one to three weeks. July historically has been a wet month for the eastern half of the state. Reservoir storage across the state has grown considerably through June with well above average streamflows. The U.S. Drought Monitor Map of Colorado shows that a majority of the state is still free of D0-D4, despite below average precipitation and warmer than average temperatures through July 21 but D0, abnormally dry, has been introduced in the southwest corner of the state.

  • According to the US Drought Monitor, released July 25, Colorado’s 8 week streak of being free of D0-D4 drought ends as D0 has been added in the southwest part of the state.
  • A weak El Niño remains in effect and is tilted in favor of wetter than normal conditions. The long term ENSO forecasts are trending toward a return to neutral conditions later this year.
  • Statewide precipitation for July 1 to 21 at mountain SNOTEL sites has been 39% of average. For the Water Year, statewide precipitation is 119% of average. The Climate Prediction Center’s one month outlook is predicting above average precipitation for most of the state for August.
  • Reservoir storage across the state (as of the end of June) is 105% of average and 76% of capacity. At this time last year,
    statewide reservoir storage was at 92% of average.
  • The western and Southwest basins have seen significant recovery after storage was depleted last year. The Rio Grande basin reservoir storage levels are as high as they have been since 2000.
  • The corn crop is approximately three weeks behind due to cooler temperatures into late spring. Producers are hoping for
    normal temperatures and a late frost to ensure a viable crop.
  • Water providers in attendance report their systems are in good shape and water demand is down compared to this time last year.
  • Flooding due to monsoonal moisture in the next 2-3 weeks in post wildfire burn scars remains a concern and is being monitored closely. The daily flood threat bulletin can be accessed May 1 through September 30 HERE.
  • Colorado Climate Center presentation (Peter Goble)

    Natural Resources Conservation Service presentation (Karl Wetlaufer)

    June 2019 Surface Water Supply Index (Tracy Kosloff)

    West Drought Monitor July 23, 2019.

    From Colorado Politics (Marianne Goodland):

    The U.S. Drought Monitor on Thursday announced in its monthly update that southwestern Colorado is back in low-level drought, or D0.

    The folks who keep an eye on drought conditions at the Colorado Water Conservation Board (CWCB) didn’t have anything good to say about it.

    “Hi D0. You have not been missed,” the CWCB said in a tweet Thursday.

    The news means the state is 97% drought-free rather than 100%, which is where Colorado has been for the past month…

    Still, according to a Tuesday presentation for the CWCB’s Water Availability Task Force, Colorado’s snowpack has done the state well this year by every measure, and spring precipitation means many of the state’s reservoirs are full or close to capacity.

    The seven reservoirs in southwestern Colorado, tracked by the Natural Resources Conservation Service (NRCS), are at 100% full or nearly so. That’s water from the San Miguel, Dolores, Animas and San Juan rivers.

    Reservoirs, however, in southern and southeastern Colorado are still well below capacity, according to the NRCS data. Of the 13 reservoirs served by the Arkansas River in southeastern Colorado, seven are at 50% of capacity or below. For the reservoirs served by the Rio Grande, including those in the San Luis Valley, average capacity of its eight reservoirs is around 50%. Rainfall in the Rio Grande basin was 83% of average in June and doesn’t show much improvement for July, according to NRCS data.

    The NRCS data also showed precipitation has remained strong for most of the state. The most moisture has hit northwestern Colorado, home to the Yampa, White and North Platte River basins, with precipitation at 214% of average…

    The Colorado, the state’s largest river and supplier to 40 million people in seven states and Mexico, also had precipitation well above average in June, at 151%. The 10 reservoirs served by the Colorado are nearly full, averaging well above 80% of capacity in June.

    June ended with above average precipitation statewide, but July has been very dry across the state, the NRCS reported this week.

    The Colorado Climate Center reported Tuesday that June’s average temperature was the 42nd coldest for that month on record. The 2018-19 water year, which runs Oct. 1 to Sept. 30, is now the 8th wettest in state history.

    Among the standouts: Grand Junction, which is experiencing its wettest year in history, according to the Colorado Climate Center. The state is still in an El Niño weather pattern, meaning above average precipitation for the the next three months for all but the southwestern portion of the state. And summer heat, which held off during June, is now in full force, Climate Center data shows.

    @DWR_CO: Rainwater Harvesting Regional Factors

    Photo from the Colorado Independent.

    From email from the Colorado Division of Water Resources (Tracy Kosloff):

    The Colorado Division of Water Resources is proposing a set of regional factors for Rainwater Harvesting Pilot Projects under House Bill 2015-1016 [colorado.gov]. Pilot projects may capture and use a specific amount of rainwater, referred to as historic natural depletion, out of priority without augmentation. The proposed regional factors estimate the historical natural depletion amount. The documentation and proposed accounting spreadsheet are posted for public comment during July 2019 on the Rainwater Collection [water.state.co.us] page of DWR’s website.

    #SouthPlatteRiver Regional Opportunities Working Group update: “I would prefer that they [East Slope] find their own water” — Rep. Dylan Roberts

    A group called the South Platte Regional Opportunities Working Group, or SPROWG, is proposing to store 175,000 acre-feet of water in a series of reservoirs on the South Platte River, from north of Denver to the Morgan County line. The project also includes a long pipeline to pump water from the river back to the metro area to be cleaned and re-used. Graphic credit: CWCB via Aspen Journalism

    From The Denver Post (Bruce Finley) via The Sterling Journal Advocate:

    Colorado officials are planning to build multiple large reservoirs on the prairie northeast of Denver to capture more of the South Platte River’s Nebraska-bound water, then pump it back westward to booming metro suburbs struggling to wean themselves off dwindling underground aquifers.

    They’re trying to prevent urban “buy-and-dry” of irrigated farmland and preserve rural communities across the South Platte Basin, which covers Colorado’s northeastern quadrant and ranks among the nation’s productive agricultural regions.

    Booming growth along Colorado’s semi-arid Front Range has led to cities buying farms to take control of rights to withdraw scarce water from the river, a relatively feeble source given the magnitude of urban, industrial and agricultural development.

    This new push to trap an additional 150,000 acre-feet of water, above what is held in an existing chain of reservoirs built by farmers, surfaced in Denver Post interviews with lawmakers and other officials this month. The effort would cost hundreds of millions of dollars and affect natural habitat for wildlife, including endangered sandhill cranes. It reflects a growing willingness in a nature-oriented state to re-shape river landscapes for meeting human needs.

    “If nothing is done, up to 50 percent of the irrigated agriculture in the South Platte River Basin is projected to be dried up by 2050 because there’s no other place for cities to get bigger water supplies other than from irrigated agriculture,” said Joe Frank, manager of the Lower South Platte Water Conservancy District, who is helping to coordinate planning…

    The latest state data from well monitoring reveal south metro Denver groundwater tables are falling. While the groundwater depletion since 2008 varies across the suburbs, the data show, decreases around Castle Rock exceeded 16 feet. State officials don’t intervene as long as municipalities determine that the sponge-like aquifers they tap wouldn’t be totally exhausted for 100 years…

    Costs of piping water back from new reservoirs are “significant” and would be paid by “participants,” including those suburbs, where the current 350,000 households will increase to 500,000 “at buildout” in 2065, Darling said. Daily water use per person has decreased from utilities’ pre-2002 planning estimate of 165 gallons to 120 gallons, she noted.

    Colorado’s new reservoirs would capture water that otherwise flows in the South Platte to Nebraska. A 1923 South Platte River Compact requires Colorado to leave a mean flow of 120 cubic feet per second from April through October.

    State lawmakers pointed to gauging-station records showing annual surplus flows from 10,000 acre-feet to 1.9 million acre-feet — an average of 300,000 acre-feet of water each year that Colorado could claim.

    State engineer Kevin Rein confirmed that “in many years more water is passing that gauging station at the state line than needs to… Conceptually I agree with what they are saying.”

    […]

    Nebraska officials contemplated what this could mean. Nebraska monitors “the potential effects of new water-related activities on the states’ apportionment” and “will look at the proposed projects and communicate directly with Colorado on issues of concern relating to the compact” along with efforts to recover endangered birds, Jeff Fassett, the state’s director of natural resources, said in an emailed response to queries from The Denver Post.

    South Platte flows nourish a diversity of species, including the imperiled sandhill cranes in Nebraska. Colorado and other states legally must prevent extinction. The birds need flows that form sandy beach habitat.

    Reservoir proponents said impacts would be mitigated. They contend off-channel reservoirs could help cranes because reservoir operators, by trapping high flows during wet years, would be able to release water strategically, simulating nature, just when birds and habitat need more.

    But less water and distortion of natural surges would be devastating, and reservoirs themselves would destroy habitat, Audubon Society vice president Brian Rutledge said…

    The reservoirs would be built at three or more sites northeast of Denver, near the river but not directly blocking the main stem, and hold up to 70,000 acre-feet of water each, according to a consultant’s report. (An acre-foot equals 325,851 gallons, enough to sustain two families for a year.) That’s about the size of Parker’s Rueter Hess Reservoir, built for $170 million in 2012, one of the largest new reservoirs in the West.

    It’s not year clear how many separate reservoirs would be built under this plan.

    Sites and pipeline routes haven’t been set. Planners identified more than 20 potential locations for reservoirs but are focusing on areas north and south of Fort Morgan and near Sedgewick. Two or more pipelines, which cost more than $1 million a mile to install, would move captured river water back west to the Front Range, ending near Brighton, Aurora and possibly elsewhere…

    Colorado lawmakers strongly supported building new reservoirs and pipelines.

    “We should do our best to manage our water, and still meet our compact obligations. If that means less above the compact is going to cross out of our state, we should do that,” said state Sen. Jerry Sonnenberg, R-Sterling, who represents 11 counties across northeastern Colorado and serves on the legislature’s water resources review committee. He and eight other lawmakers, including key committee members, recently toured the South Platte Basin with Water Education Colorado…

    Colorado transmountain diversions via the State Engineer’s office

    Lawmakers from across the Continental Divide in western Colorado, where rivers are depleted by diversions through tunnels to the Front Range, embraced the push for bigger storage as preferable to siphoning more water out of the Colorado River Basin and to boost resilience amid global warming.

    “I would prefer that they find their own water,” said Rep. Dylan Roberts, D-Avon, vice chair of the lawmakers’ water resources review committee.

    Sen. Don Coram, R-Montrose, said Coloradans on the Western Slope sense “that a lot of the water we’re sending over isn’t being utilized fully. … We want to keep as much of it as we can.”

    And lawmakers representing south Denver suburbs saw increased storage as essential to enable continued Front Range population and economic growth, which they accept as inevitable, without destroying agriculture.

    The push for new reservoirs has gained momentum after Colorado’s 2015 State Water Plan enshrined the notion of boosting storage along the South Platte, though the plan doesn’t specify projects.

    Colorado Water Conservation Board director Rebecca Mitchell, an architect of that plan, this week indicated a favorable state posture toward what she called the South Platte Regional Opportunities Working Group project.

    “The South Platte River Basin is the most populous basin in the state, and in planning for Colorado’s water future… we need to bridge Colorado’s future water supply-demand gap,” Mitchell said in a statement emailed to The Post. “Combined with conservation and a focus on environmental health, project concepts like SPROWG create an opportunity…”

    @CWCB_DNR: 2019 #Drought Update

    West Drought Monitor June 25, 2019.

    Click here to read the update (Taryn Finnessey/Tracy Kosloff):

    For the first time in nineteen years, the U.S. Drought Monitor Map of Colorado has officially been free of D0-D4 for four weeks. The month of May brought cool temperatures across the state and midwest. Not far behind, June has delivered lower than average temperatures and increased precipitation in the form of rain and snow. The last week of June is anticipated to be fairly dry and warm following below average temperatures and above average precipitation. Streamflows are forecast to continue to increase from precipitation and remaining snowpack melt. Current reservoir storage is slightly below normal.

  • June has been completely free of D0-D4. The smallest amount recorded of D0 last occurred in May 2001, when only 0.13% of our state showed D0.
  • A weak El Niño is in effect and forecast to remain through the fall. There is an increased chance of cool and wet extremes from July to September.
  • The Yampa and White River Basins have accumulated 227 percent of average precipitation from the beginning of June to date while the Gunnison Basin has only received 78 percent of average precipitation this month. This is historically a drier time of year in both these basins.
  • As of June 24th, the precipitation in June is 150 percent of average. The upcoming months of July, August, and September are projected to have an increased chance of above average precipitation as well. July and August are considered critical months of the year, as they are the wettest for the eastern plains.
  • Current SNOTEL Water Year to-date precipitation is 124 percent of average, with all basins above average. June has been a wet month across the far eastern plains. According to SNOTEL, 12 percent of this year’s remaining snowpack continues to melt. The 2019 peak snowpack ranked 6th at 130 percent median among the last 34 years.
  • Reservoir storage across the state (as of the end of May) is 90 percent of average. This is slightly lower than last year’s statewide reservoir storage at the same time which was 106 percent of average.
  • Flooding in post wildfire burn scars remains a concern and is being monitored closely. The daily flood threat bulletin can be accessed May 1 through September 30 ​HERE​.
  • Adams State Salazar Center to host groundwater talk by State Engineer Kevin Rein, July 15, 2019

    Learn the history of ground water administration and get up to date on the new rules and regulations for ground water, at a timely presentation by Colorado’s top water official, State Engineer Kevin Rein. “The State’s Role in the Rio Grande Basin: Our Shared Water Future” will be held on Monday, July 15 at 7 pm, in Adams State University’s McDaniel Hall, Room 101. The event is free and open to the public.

    Given the ever-increasing pressures on the water supply in the San Luis Valley and across Colorado, the State Engineer will provide background on the role of the State Engineer and the Division of Water Resources in administering the waters of the State. He’ll present an overview of history of ground water administration in Colorado and a hydrogeologic explanation of how wells deplete streams. 

    Mr. Rein will then address the State’s emerging role in the Rio Grande Basin, with the court approval of groundwater rules and regulations in March. (See: https://rgwcd.org/images/RGWCD/Decree_Case_No_15CW3024.pdf for the full text of the court ruling.) He will also discuss his letter of December 2018 to the Rio Grande Water Conservation District about efforts to restore the Valley’s aquifers and DWR’s obligations to administer the Subdistrict #1’s Plan of Water Management. (See: https://alamosanews.com/article/letter-to-the-editor-state-engineer-issues-warning.) There will be time for questions and answers as well.

    The Adams State University Salazar Rio Grande del Norte Center is hosting the presentation as part of its new Water Education Initiative. They aim to bring relevant and useful information to ASU’s students and faculty and the local community about critical issues related to water in the San Luis Valley, its past and current management, and community-based approaches to sustainable water use for the future.

    Parking for this free event is available in the parking lot off 1st St. just to the east of McDaniel Hall, open to the public after 5 p.m. For more information, contact Rio de la Vista, Director of the Salazar Rio Grande del Norte Center, at 719-850-2255 or riodelavista@adams.edu.

    Aerial view of the San Luis Valley’s irrigated agriculture. Photo by Rio de la Vista.

    Demand Management Feasibility Investigations within #Colorado — @DWR_CO

    From email from the Colorado Department of Water Resources:

    [Please find below] two documents relating to the investigation of demand management feasibility – both at the Upper Basin level and within Colorado. First, a statement from Director Mitchell on the path forward on demand management feasibility investigations within Colorado. Also, information regarding an upcoming workshop hosted by the Upper Colorado River Commission on the topic of demand management feasibility.

    For more information on these topics email demandmanagement@state.co.us.

    Demand Management Investigation: The Path Forward

    Colorado water users, stakeholders, and interested parties:

    Now that the Colorado River Basin Drought Contingency Plan (DCP) is finalized, the Colorado Water Conservation Board (CWCB) is beginning its efforts to investigate the feasibility of a potential demand management program within Colorado.

    The strong connection between Coloradans and our water has established a foundation of public input, deliberation, and participation in the decision-making process, which leads to informed and thorough policymaking. This is the model that informed the Colorado Water Plan, and it is this model that the CWCB will utilize to assess demand management: by Colorado, for Colorado.

    At the March 2019 meeting, the Board of Directors of the CWCB approved the 2019 Work Plan for Intrastate Demand Management Feasibility Investigations. Below are highlights of the current and upcoming steps that the CWCB staff will be taking to implement the 2019 Work Plan, including opportunities for engagement, processes to inform the Board, and informational events. These elements are designed to ensure that the CWCB and all interested water users and stakeholders are fully informed of demand management concepts and challenges as they are identified. Through this process, the multitude of considerations demand management presents will be fully understood, to promote an informed and fully realized public policy discourse.

  • General Outreach: Staff will continue to work directly with interested water users and stakeholders to inform them of the process for investigating demand management feasibility within Colorado, and to solicit input on specific elements of potential implementation and solution identification. The direct interaction between staff and the various basin roundtables, policy boards, water users, and stakeholder groups is where the conversations begin. This will then lead to identification of considerations and development of potential solutions, which will be used to inform an evaluation of demand management.
  • Workgroups: Staff has begun to reach out to subject matter experts on various elements that must be considered for any potential demand management program within Colorado. The purpose of these workgroups is to help CWCB staff identify and frame the complex issues associated with demand management feasibility for public and Board consideration. In this capacity, workgroup members operate like “think tanks” to help CWCB staff prepare to conduct meaningful public discussion of the issues associated with demand management based on useful insight and understanding from experts in the field. Workgroup members have been selected for their subject matter expertise and willingness to work in assisting the State as it implements the public process to evaluate a potential demand management program.

    To respect the integrity of the workgroups, members are being asked to participate in a non-disclosure setting. This will allow the participants to brainstorm all sides of an issue, and to have open and frank discussions as they assist CWCB staff in framing demand management considerations for public discussion and evaluation. The decision-making process for consideration of demand management solutions and approaches for potential implementation will be achieved in public meetings and through the comment and input process established in the formulation of the Colorado Water Plan. The workgroups serve as the “think tank” for staff as they begin to develop an understanding of the full complement of considerations, issues, and challenges that demand management presents.

  • Transparency of Process – Demand management investigations and decision-making by the CWCB will be done through an open dialogue. Once the range and multitude of complex topics associated with demand management are identified and framed, they will be introduced in a process akin to the development of the Water Plan, including workshops, basin roundtable presentations, consideration of public comment, and the like. Additionally, the CWCB will be updated regularly in open session on the progress of the demand management investigation process, and provided with any staff recommendations as appropriate.

    Upcoming Demand Management Investigation Events

  • CWCB will be hosting an Orientation Webinar for members of the workgroups in July. This Orientation Webinar will be open to the public. The Webinar will provide an overview of the evolution of DCP and demand management, discuss the statewide perspective for analysis of demand management, and outline the timeline and process for the workgroups’ assistance in demand management issue identification. Information about the Webinar will be forthcoming as details are finalized.
  • The Upper Colorado River Commission will be hosting a Demand Management Stakeholder Workshop in Salt Lake City, Utah on Friday, June 21. The goal of this regional workshop is to provide a baseline understanding of the Colorado River DCP and discuss proposed next steps to examine the feasibility demand management in the Upper Basin. Additionally, Upper Basin State representatives will receive comment and input from interested water users and stakeholders on possible considerations in evaluating the feasibility of a successful demand management program throughout the Upper Basin. When the agenda is finalized, more information regarding the Workshop and registration will be posted on the CWCB website and circulated to interested parties.
  • CWCB staff will be scheduling public demand management workshops around the state, as outlined in the 2019 Work Plan. These workshops will be in addition to the usual array of roundtables, Interbasin Compact Committee, informational forums, and other water meetings in which staff participate to discuss and receive feedback on demand management. Staff hopes to schedule the first intrastate workshop in alignment with the summer conference of Colorado Water Congress.
  • The investigation of the feasibility of a potential Demand management program presents a challenge for the CWCB, water users, and stakeholders across Colorado. The Board and staff take this assessment very seriously, and are committed to providing an opportunity for everyone with an interest in Colorado River system sustainability to make their voices heard, while remaining true to the water values identified in the Colorado Water Plan. For more information, to provide comments, or to learn more about the 2019 Work Plan and demand management feasibility process, email demandmanagement@state.co.us or contact CWCB staff.

    DM Workshop Agenda

    #Runoff news: The #ArkansasRiver is still running low as compared to average, along with many #Colorado streams

    From KOAA.com (Bill Folsom):

    This year the run-off in Colorado is late. “The native water hasn’t started to flow yet,” said Roy Vaughan with the Bureau of Reclamation. Vaughn is part of the team that helps manage what stored and released from Lake Pueblo Reservoir.

    Water released from the dam is currently much less than typical. “We’re releasing about 15 percent of what we normally do this time of year.” The number is a correlation with the amount of run-off flowing into the reservoir. Run-off is late this year. “We see it start and then the weather changes, it cools down and it slows up again. It’s about three weeks late.” For now, spillways are mostly dry.

    Click on the graphic for the USGS Water Watch interactive map for Colorado.

    May 2019 #Drought Update — Colorado Department of Natural Resources

    Click here to read the update (Tracy Kosloff/Taryn Finnessey):

    As a result of consistent fall and winter precipitation, near record breaking snowpack, and near normal reservoir storage levels, the Drought Task Force has made a recommendation to Governor Polis to deactivate the Colorado Drought Mitigation and Response Plan statewide.

    While April ended with slightly below average precipitation across the state, May has started off cool and wet and, following a brief warmup, is forecast to end in a similar fashion. ​May through August is an important period for precipitation accumulation east of the continental divide as much of the annual precipitation falls during this time. ​Water year to date precipitation remains above average statewide, with some areas still seeing spring snow accumulation. Stream flows have increased reflecting the start of runoff season and reservoir levels are responding.

    US Drought Monitor May 16, 2019.
  • As of May14th, only 11 percent of the State is classified as abnormally dry. This spring has seen the record lowest amount of drought coverage over the contenital United States, according to the US Drought Monitor, which has been tracking conditions since 2000.
  • El Niño conditions remain, and are likely to continue through summer (70 percent chance) of this year. Historically summer during an El Niño are more likely to be wet than dry, and the NOAA Climate Prediction Center outlooks for the June-July-August period show increased chances of wetter-than-average conditions.
  • Current SNOTEL Water Year to-date precipitation in 118 percent of average, with all basins above average.
  • SNOTEL snow water equivalent statewide is 155 percent of median with all basins above normal. These figures can fluctuate greatly during the spring season when snowmelt has begun, but storms can still result in accumulation.
  • Statewide reservoir storage as of May 1, is 90 percent of average and increasing as the runoff season begins with widespread above average streamflow forecasts. Blue Mesa Reservoir, heavily impacted by the 2018 drought, has increased more than 26 feet in elevation since April 1 and has seen an increase of more than 55,000 acre-feet since May 1.
  • Flooding in post wildfire burn scars remains a concern and is being monitored closely. The daily flood threat bulletin can be accessed May 1 through September 30 ​HERE​.
  • South Routt County Water Users Meeting, May 29, 2019 — Colorado Division of Water Resources #YampaRiver

    Here’s the notice from the the Colorado Division of Water Resources (Scott Hummer):

    South Routt County Water Users Meeting

    Bear River at CR7 near Yampa / 3:30 PM, May 16, 2019 / Flow Rate = 0.52 CFS. Photo credit: Scott Hummer

    Wednesday, May 29, 2019
    Soroco High School / Oak Creek, CO
    6:30 PM – 8:00 PM

    Representatives from the Colorado Division of Water Resources (DWR), Upper Yampa Water Conservancy District (UYWCD), United States Forest Service (USFS), and Natural Resources Conservation Service (NRCS)

    The agenda will address the agencies specific roles regarding:

    Authority and Responsibilities associated with Administration, Management, and Oversight of water matters in the Morrison Creek, Oak Creek, and all Tributary drainages above Stagecoach Reservoir

    All waters users are encouraged to Attend

    Special recognition to the Soroco High School, FFA Chapter for helping organize the event!