Moffat Collection System Project update: “I think their position is pretty clear” — Jim Lochhead #ColoradoRiver #COriver #aridification

Denver Water is seeking approvals from the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the state of Colorado to expand Gross Reservoir, which is southwest of Boulder. The 77,000 acre-foot expansion would help forestall shortages in Denver Water’s water system and offer flood and drought protection, according to Denver Water.

From The Sky-Hi News (Lance Maggart):

On Wednesday a collection of six environmental advocacy groups – Save the Colorado, the Environmental Group, Wildearth Guardians, Living Rivers, Waterkeeper Alliance Inc. and the Sierra Club – filed a lawsuit in Colorado’s federal district court against the proposed Gross Reservoir Expansion Project, alternately called the Moffat Firming Project…

The legal process surrounding Gross Reservoir has deep significance to Grand County. The county serves as the source for much of the water Denver Water relies upon, which is transported out of the county through the Moffat Tunnel near Winter Park Resort. The county is also party to a collaborative water management group called Learning By Doing. The group looks to improve river habitat in Grand County by conducting environmental water projects and through other means.

The lawsuit filed by the environmental groups does not name Denver Water and instead is directed at the US Army Corps of Engineers, the Department of the Interior and the US Fish and Wildlife Service. The 57-page complaint lays out 32 separate specific claims related to alleged violations of the National Environmental Policy Act, the Clean Water Act and the Endangered Species Act.

The alleged violations claimed by the environmental groups cover a wide range of technical issues related to the formal processes by which large construction projects, such as the Gross Reservoir Expansions, are approved by federal agencies. Many of the claims made by the environmental groups revolve around allegations that the Corps of Engineers, Interior Dept. and US Fish and Wildlife failed to exercise independent judgment related to claims made by Denver Water about the project.

“Denver Water’s proposal to build the largest dam in Colorado history will hurt the 40 million people in six states and two countries who depend on the Colorado River – a critical but disappearing, resource – for their water supply,” said Daniel E. Estrin, general counsel and advocacy director at Waterkeeper Alliance. “Waterkeeper Alliance stands united with our many Colorado River Basin Waterkeepers who are fighting to protect their waterways and their communities from this senseless and destructive water grab.”

For their part officials from Denver Water said the court filing did not surprise them.

“We expected it,” Jim Lochhead, CEO of Denver Water, said. “This is a really critical project for Denver Water. In the last 15 years we have come close to running out of water a couple of time at the north end of the system.”

Lochhead noted that those two incidents came in 2002 and 2013.

While Denver Water is not directly named in the lawsuit Lochhead said the organization will be entering the lawsuit to “provide our own perspective on the adequacy of the approvals.”

“We are confident the federal agencies follow regulations and federal law,” Lochhead said. “I think a court will uphold the findings by those agencies.”

When asked whether he believed Denver Water and the environmental groups who oppose the Gross Reservoir Expansion Project could reach some form of compromise agreement Lochhead answered, saying, “I think their position is pretty clear.”

Moffat Collection System Project update: Environmental groups file lawsuit

The dam that forms Gross Reservoir. Photo: Brent Gardner-Smith/Aspen Journalism

From Colorado Public Radio (Grace Hood):

A suit filed against three U.S. government agencies seeks to stop the expansion of Denver Water’s Gross Reservoir in Boulder County…

Gross Reservoir provides water to 1.4 million Front Range customers. The expansion would divert more water from Colorado River headwater tributaries during wet years. In a nutshell, the project seeks to raise the height of the existing dam by 131 feet; storage capacity would increase by 77,000 acre feet.

The environmental groups who sued say the U.S. government permitting process inadequately evaluated the impact of the large project on streamflows. There are also concerns about how construction would affect wildlife.

“We went above and beyond mitigation of environmental impacts under the permits,” Denver Water CEO Jim Lochhead said. “We sat down with Grand County, Eagle County… and a host of agencies across Western Colorado, and developed a series of environmental enhancements to the streams of Western Colorado.”

Trout Unlimited is one such group that has supported the Gross Reservoir expansion, citing successful stream augmentation programs along the Fraser River…

Revving up the legal gears could pose a setback for Denver Water, which has spent years securing the necessary permits. Now that it has those in place, environmental groups are seeking to stop construction.

Denver Water’s collection system via the USACE EIS

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.