Lawsuit filed to set aside CWCB and Boulder County floodway expansion

Boulder. By Gtj82 at English Wikipedia – Transferred from en.wikipedia to Commons by Patriot8790., Public Domain, https://commons.wikimedia.org/w/index.php?curid=11297782

From The Longmont Times-Call (Anthony Hahn):

According to the complaint filed this week, commissioners approved the floodway expansion over the resistance of local residents, who said the re-mapping would limit development on their private properties — some of which are functioning farms — and cause their flood insurance rates to skyrocket…

The re-drawing was performed by the Colorado Water Conservation Board, with assistance from Boulder County staff, and was approved last month 2-0 by commissioners. Commissioner Cindy Domenico was absent. When the change officially takes effect Oct. 1, it will substantially widen the floodway along portions of Lower Boulder Creek northwest of Erie.

A floodway is a narrow channel where, in the event of a flood, water will be flowing. A floodplain is where shallow water is likely to be during the event of a flood, though shallower and flowing at a lower volume, if at all, than water in a floodway.

The former, by definition of Boulder County’s standards, is more heavily regulated than a floodplain. Land regulated under floodway status is often limited to very specific redevelopment.

According to the complaint, plaintiffs’ efforts to have the hearing delayed to learn more about proposed expansion went unheeded…

The Colorado Water Conservation Board in 2015 changed the definition of a floodway, triggering a review of flood-hazard areas across the state. Wheeler Open Space, however, was not reassessed, given the lack of residential buildings on the land, Boulder County Senior Assistant Attorney Kate Burke said earlier this year.

In light of the planned oil and gas development on the site, a modeling with the new standards was performed. Under the new guidelines, the entirety of well site Section 1, which is in the open space, is within a floodway, according to documents Boulder County submitted in mid-April with its formal comments to the Colorado Oil and Gas Conservation Commission.

“…why I support Denver Water’s Gross Reservoir Expansion project” — Lurline Underbrink Curran

Gross Dam enlargement concept graphic via Denver Water

From The Boulder Daily Camera (Lurline Underbrink Curran):

I would like to share why I support Denver Water’s Gross Reservoir Expansion project.

While located in Boulder County, the project obtains the water from Grand County — a county that is currently the most impacted county in the state of Colorado for transbasin diversions. You must wonder why the county and its citizens, stakeholders in the Colorado River Basin, along with Trout Unlimited support this project.

The reason is the Colorado River Cooperative Agreement, which is an historic agreement with statewide environmental benefits which were fought for and gained through sometimes difficult and long negotiations. It has been hailed as a new paradigm and one that will serve as an example of what can be gained when dealing with a finite resource like water. The signatories to this agreement represent the entire Colorado River Basin, and I had the honor of acting as Grand County’s lead negotiator in this agreement. I worked for Grand County for 33 years, retiring as county manager in 2015. I have lived in Grand County over 60 years and have deep roots and interest in the well-being of our waterways.

The environmental benefits gained by Grand County, which include additional flows, river ecosystem improvements, use of Denver Water’s system, participation in an adaptive management process called Learning by Doing, money for river improvements, just to name a few, are necessary to protect and enhance the Fraser and Colorado rivers. Without these benefits, these rivers will continue to degrade, with no hope of recovery or improvement.

Those who oppose the project offer no solutions to the already stressed aquatic environment of the Fraser and Colorado rivers. Through the Learning By Doing format and a public private partnership, partners have already implemented a river project on the Fraser as an example of what can be done. This project immediately produced improvements that were astounding. Colorado Parks and Wildlife can verify this claim. This essential work will not continue without the CRCA.

The impacts that are associated with the construction of the Gross Reservoir Enlargement are substantial and one sympathizes with those who will experience them, but the reality is they will end. Mitigation for the construction impacts can be applied. However, without the CRCA, the impacts to the Fraser and Colorado rivers will continue with no hope of improvement.

The environmental enhancements and mitigation that are part of the CRCA cannot be replicated without the reservoir expansion project, and the loss of these enhancements and mitigation will doom the Fraser and Colorado rivers in Grand County to environmental catastrophe.

Boulder County asks FERC to deny @DenverWater’s Gross Dam hydroelectric permit amendment for the Moffat Collection System Project

The dam that forms Gross Reservoir, located in the mountains west of Boulder. Photo: Brent Gardner-Smith/Aspen Journalism

From Boulder Daily Camera (Charlie Brennan):

Citing the success of Denver Water’s conservation efforts since it first issued its “purpose and need” statement for the project, and the fact that no service shortfall has yet materialized for its 1.4 million customers in the metro area, Boulder County Attorney Ben Pearlman said that based on prior environmental reviews, “Boulder County does not believe Denver Water has shown that the project’s purpose and need have been met and the FERC must deny Denver Water’s application to amend its permit.”

[…]

“We don’t think they have undertaken the duty they have (under federal environmental law) to analyze this problem thoroughly,” [Conrad] Lattes said…

Denver Water officials on Friday answered back by reasserting the project’s merits.

“The Gross Reservoir Expansion project represents an enormous amount of work, input and collaboration to ensure it is done in the most responsible way possible,” Jim Lochhead, Denver Water CEO/manager said in a statement. “And Denver Water will continue to develop noise, transportation and tree removal plans with input from stakeholders to minimize the impacts to Boulder County and its residents.”

Projects underway to bridge #Colorado’s water supply gap

From Water Deeply (Matt Weiser):

At least seven major new reservoirs and water diversion projects are being planned in Colorado, which had a population of 5.6 million in 2017. Many would continue the controversial practice of diverting water across the Rocky Mountains from the state’s Western Slope, where the majority of Colorado’s precipitation falls, to its more arid Front Range, where people are flocking to Denver, Boulder, Fort Collins, Longmont and increasingly sprawling suburbs.

The water projects have been inspired partly by the Colorado Water Plan, an effort by Governor John Hickenlooper to solve a projected water deficit of 560,000 acre-feet by 2050, or enough to serve more than 1 million households. The plan calls for 400,000 acre-feet of new water storage and an equal amount of water conservation.

The plan is only two years old. But critics say it has prioritized gray infrastructure – new dams, pipelines and pumps – over green projects like water conservation and sustainable land use…

The state water plan does not recommend any specific water development projects. But Hickenlooper has personally endorsed several of them. He also appointed all the voting members of the Colorado Water Conservation Board, the entity that oversees the Water Plan and awards grants for water projects.

Greg Johnson, chief of water supply planning at the Water Conservation Board, said the state’s plan emphasizes conservation just as much as new water supply projects. But he said the latter may be more more pressing in some cases.

“Some of the bigger projects that are in permitting right now are helping meet really critical supply needs that a lot of those faster-growing northern Front Range suburbs have, where they’ve got new developments going up all over the place,” Johnson said. “They have maybe a 10- or 15-year horizon to get some of those things done.”

One of the water developments endorsed by the governor won a $90 million loan in 2017 from the Water Conservation Board – the largest loan in the board’s history. Known as the Windy Gap Firming Project, it proposes a new reservoir called the Chimney Hollow Reservoir near Longmont to store Colorado River water diverted through an existing tunnel under the Continental Divide.

The loan covers nearly one-fourth of total costs for the project, which is proposed by the Northern Colorado Water Conservancy District.

As its name implies, the project is intended to “firm up” existing Colorado River water rights held by a dozen Front Range cities. The cities already draw on these water rights, but can’t fully tap them in some years because of storage limitations. The new 90,000 acre-foot reservoir will solve this problem and allow them to divert the river almost every year.

The project would result in diverting 30,000 acre-feet more water out of the Colorado River every year than is currently diverted…

Other major projects in the works include the Moffat Collection System, a plan by Denver Water to expand Gross Reservoir to hold 77,000 acre-feet of additional diversions from Colorado River headwaters streams; and the White River Storage Project, a proposal for a new reservoir of up to 90,000 acre-feet in the northwest corner of the state, near the town of Rangely…

Greg Silkensen, a spokesman for the Northern Colorado Water Conservancy District, said the Windy Gap project is vital to many fast-growing Front Range communities that have lower-priority water rights.

“The Colorado economy is just crazy. Everybody and their brother is moving here,” Silkensen said. “There is a great deal of environmental mitigation that will go forward if the project is built. There’s going to be a lot of benefit to the Upper Colorado River if it does go through.”

Those projects include stream habitat restoration in the Colorado River and water quality improvements in Grand Lake, part of the existing Western Slope diversion system.

Fraser River restoration: “The biomass [in the river] has more than tripled, just from last year” — Mely Whiting

From The Sky-Hi News (Lance Maggart):

The Fraser Flats Habitat Project is a cooperative venture conducted by Learning By Doing, an amalgamation of local water stakeholders who several years ago formed a committee in an effort to increase cooperation and decrease litigation between Front Range water diverters, local governments and High Country conservation groups. The Fraser Flats Project is the group’s pilot project, restoring a roughly one-mile section of the Fraser River.

Work on the project, which was conducted on a section of the Fraser River between Fraser and Tabernash, wrapped up in late September and the members of Learning By Doing are, to put it mildly, thrilled with the success of the project.

“We are elated,” said Mely Whiting, legal counsel for Trout Unlimited. “This is amazing. The biomass [in the river] has more than tripled, just from last year, and only in the matter of a couple of weeks since the project was completed.”

Denver Water Environmental Scientist Jessica Alexander explained the intention of the project.

“To start, we wanted to improve the habitat of the river for fish and aquatic insects,” Alexander said. “We saw problems with the way the river channel looked and behaved before the project and we wanted to improve those things, to provide more habitat.”

Alexander went on to explain that the Fraser River channel was too wide and shallow to provide good habitat and resulted in high sedimentation in the river rocks that are essential to development of bug life, which in turn serves as base of the food web within the river. Additionally there was little large vegetation on the river banks at the project site, resulting in river bank erosion and higher stream temperatures due to lack of a shade canopy.

To fix these problems work on the project centered on a few key areas. Project organizers wanted to deepen and narrow the river’s main channel, allowing the water that does flow down the Fraser to flow deeper and faster, helping clear sediment out of river rocks. Additionally they planted roughly 2,500 willows and cottonwoods on the river’s banks, to address erosion and shade concerns.

The project got underway last fall as Learning By Doing secured permits for the project and conducted design work. In May this year about 150 local local and regional volunteers spent two days harvesting and planting willows and cottonwoods along the banks of the Fraser in the project area.

Over the summer and fall contracting firm Freestone Aquatics, specializing in aquatic habitat restoration, conducted the physical work of narrowing and deepening the river channel…

The total cost of the project was roughly $200,000. The cost was broken down between several stakeholders including the Colorado River District, Northern Water, Trout Unlimited, and more. Denver Water pitched in roughly $50,000 and the project received a Fishing is Fun grant from Colorado Parks and Wildlife. Moving forward Learning By Doing is looking at a few different projects in Grand County and is trying to decide which project it will tackle next.

From Colorado Public Radio (Nathaniel Minor):

For decades, the Fraser River in Colorado’s Grand County has turned into a trickle every fall as the snowmelt that powers the river dissipates. The low flows have led to warmer water temperatures and less wildlife.

That changed this year, at least along a short stretch of the Fraser. And it’s due to an unusual partnership that includes Denver Water, which diverts most of the river to the Front Range, and Trout Unlimited, which has fought for decades to protect it. The group, dubbed Learning by Doing, focused its efforts on nearly a mile of the river near Tabernash. Work wrapped up on the $200,000 project earlier this fall.

“I had man tears when I saw this for the first time,” said Kirk Klancke, president of the Colorado River Headwaters Chapter of Trout Unlimited. “It was very emotional to see the river look healthier than it has in the 47 years I’ve lived there.”

Now, instead of a wide shallow creek, the low-flow Fraser River drops into a narrow channel that allows to run deeper, faster and colder. That led to a nearly immediate rebound in the fish population, according to a preliminary assessment by Colorado Parks and Wildlife.

“We found about a four-fold increase in trout population,” said Jon Ewert, an aquatic biologist at CPW who surveyed the river both before and after the project was finished. “It was pretty exciting to see that.”

Ewert was cautious not to get too far ahead of his data. He plans to survey the fish population again next year to see if they reproduce like he hopes they will. But he says he’s very encouraged by what he’s seen so far.

Klancke credits cooperation by Denver Water, Trout Unlimited, Grand County and others for this initial success. Before his Trout Unlimited days, Klancke said he was “radical” in his opposition to the diversion of water to the Front Range. He even used to urinate in diversion ditches, he told me last year. He’s since changed his tactics.

“Working with the people who have impacts on your river is far more effective than trying to fight them, or just trying to stop them,” he said.

Fraser River health should improve some with Moffat Collection System Project

The plan includes environmental enhancements and protections to ensure the Fraser River will be better off with the Moffat Project than without it.

Here’s a guest column from Kirk Klancke that’s running in the Boulder Daily Camera:

As a long-time resident of Grand County, I’ve been disappointed by recent articles in the Camera about the Moffat Firming Project permit and especially about the west slope implications of the project. Coverage has been misleading in highlighting potential negative environmental impacts while ignoring the stream habitat improvements and flow benefits in the permit that will actually improve the health of the Upper Colorado River system.

It’s important for readers to get the total picture in weighing the environmental impacts of the project.

Trout Unlimited is also a group “dedicated to protecting and restoring the Colorado River” — and we’ve spent more than a decade closely following the proposed Moffat project and working to protect the Upper Colorado. Then, a couple years ago, TU helped negotiate a settlement with Denver Water and local stakeholders in Grand County that included tough permit requirements that we believe will best protect the Upper Colorado and Fraser Rivers.

It’s true that the Moffat project will increase total diversions from the Colorado headwaters. But the project will also provide significant help to rivers and streams currently impacted by transmountain diversions, including streams diverted to meet Boulder’s water supply (through the Windy Gap project). Under terms of their permit, Denver Water must undertake mitigation and enhancement measures that will actually improve the health of streams.

For instance, as part of its commitments, Denver Water will manage diversions to help provide needed flushing flows on the Fraser and its tributaries, complete habitat and native trout restoration work in the Williams Fork basin, and contribute funds toward projects like the Fraser Flats restoration project that is already underway to improve stream and riparian habitat.

Most significantly, Denver Water will participate in an ongoing adaptive management program called “Learning by Doing” through which Denver, Grand County, Trout Unlimited and other local stakeholders are cooperating to apply mitigation and enhancement resources, monitor river and watershed conditions and make adjustments to achieve the best results over time. These efforts were launched even before Denver received their federal approvals.

While my efforts have focused on Grand County, I know that Denver Water has looked for partnerships on the east slope as well. For example, as part of the project, they will provide 5,000 acre-feet of storage in the enlarged reservoir for Boulder and Lafayette to use in providing in-stream flows at critical times, to keep downstream stretches of South Boulder Creek healthy and flowing.

Denver Water’s plans to enlarge Gross Reservoir certainly will have significant impacts on Boulder County, including disruption to lives and property around the reservoir area during construction — but these are mostly temporary impacts. It’s important to look at the project’s long-term benefits to our rivers and streams as well as to our water security.

For years I saw Denver Water as my community’s public enemy number one. But in recent times Denver Water has demonstrated a willingness to work as a partner to keep the Upper Colorado River healthy. This collaboration among stakeholders represents the best opportunity to protect and preserve the Upper Colorado River into the future.

Indeed, it’s already working.

Army Corps of Engineers approves Gross Dam expansion — @DenverWater

The Gross Reservoir Expansion Project will add 77,000 total acre feet — 72,000 for Denver Water use and 5,000 for an environmental pool that provides additional water for South Boulder Creek during low-flow periods — nearly tripling reservoir capacity.

Here’s the release from Denver Water (Stacy Chesney):

Army Corps of Engineers issues record of decision and 404 Permit

Following 14 years of careful study, evaluation and deliberation, the Army Corps of Engineers has approved Denver Water’s request to raise Gross Dam in Boulder County. The additional water stored in Gross Reservoir will help prevent future shortfalls during droughts and helps offset an imbalance in Denver Water’s collection system.

The approval comes in the form of a record of decision and 404 Permit — two documents required by the federal government as part of the National Environmental Policy Act.

“Denver Water appreciates the Corps’ dedication and commitment to careful study of the anticipated impacts of this project,” said Denver Water CEO Jim Lochhead. “We will complete this project responsibly, as evidenced by our actions during the public process and the resulting robust environmental protections we’ve agreed to along the way. We’re proud to be doing the right thing.”

The existing dam was built in the early 1950s and was designed to be expanded in the future to increase water storage capacity. The Gross Reservoir Expansion Project approval completes this original vision.

Expanding Gross Reservoir is a major part of Denver Water’s long-term plan to deliver safe, reliable water to the people it serves now and into the future. The project is part of Denver Water’s multi-pronged approach that includes conservation, reuse and responsibly sourcing new supply.

“Issuance of this permit will unlock significant resources that will allow us to do good things for the river and the environment,” said Mely Whiting, counsel for Trout Unlimited.

In accordance with existing agreements, including the Colorado River Cooperative Agreement and Grand County’s Learning By Doing, and conditions in the 404 Permit, Denver Water will provide millions of dollars to improve watershed health in the critical Colorado and South Platte River Basins. Lochhead said these commitments are one reason that last year Colorado Department of Public Health and Environment found that the project will have a “net environmental benefit” on the state.

The project has earned key endorsements from Gov. Hickenlooper, state and federal lawmakers, major environmental groups, local mayors and city councils, chambers of commerce and economic development corporations, county elected officials and water interests on both sides of the divide.

“The next milestone we anticipate is approval by the Federal Energy Regulatory Commission of Denver Water’s hydropower license amendment application at some point next year,” said Jeff Martin, Gross Reservoir Expansion program manager. “In the meantime, Denver Water continues to make significant investments in setting a firm foundation for the project’s overall success by recently hiring Black and Veatch as the owner’s representative. We are also in the process of procuring a design engineer.”

Preconstruction activities, including dam design and geotechnical work, are expected to begin in 2018. The entire project is expected to be completed in 2025.

Visit http://grossreservoir.org to read more about the project and http://denverwaterTAP.org for additional information.

From The Associated Press via The U.S. News & World Report:

The Army Corps of Engineers announced late Friday it granted the project a permit under the federal Clean Water Act.

The $380 million project involves Gross Dam in the foothills about 5 miles southwest of Boulder.