@Denver Water, Aurora in dispute with state over lead treatment — @WaterEdCO

Roman lead pipe — Photo via the Science Museum

From Water Education Colorado (Jerd Smith):

Denver Water and three other organizations are seeking to overturn a state order that directs Denver to adopt a strict new treatment protocol preventing lead contamination in drinking water.

Denver is not in violation of the federal law that governs lead, but it has been required to monitor and test its system regularly since 2012 after lead was discovered in a small sample of water at some of its customers’ taps.

In March of this year, after Denver completed a series of required tests and studies, the Colorado Department of Public Health and Environment (CDPHE) ordered the utility to implement a treatment protocol that involves adding phosphates to its system. It has until March of 2020 to implement the new process.

Denver, which serves 1.4 million people in the metro area, has proposed instead using an approach that balances the PH levels in its treated water and expands a program replacing lead service lines in the city. Old lead service lines are a common source of lead in drinking water.

Treating lead and copper in water systems is a complex undertaking governed by the federal Lead and Copper Rule. In Denver, for instance, there is no lead in the water supply when it leaves the treatment plant. But it can leach into the supply via corrosion as water passes through lead delivery lines and pipes in older homes. Denver has 58,000 lead service lines in its system. Lead has continued to appear in samples it has taken at some customers’ taps, according to court filings, though not at levels that would constitute a violation of the federal law.

Eighty-six samples taken since 2013 have exceeded 15 micrograms per liter, including one tap sample which measured more than 400 micrograms per liter, according to court filings. The 15-microgram-per-liter benchmark is the level at which utilities must take action, including public education, corrosion studies, additional sampling and possible removal of lead service lines.

In response to the state’s order, the City of Aurora, the Metro Wastewater Reclamation District and the nonprofit Greenway Foundation, which works to protect the South Platte River, sued to overturn it, concerned that additional phosphates will hamper their ability to meet their own water treatment requirements while also hurting water quality in the South Platte. Denver joined the suit in May.

Because Denver Water services numerous other water providers in the metro area and participates in a major South Metro reuse project known as WISE, short for Water Infrastructure and Supply Efficiency, anything that changes the chemical profile of its water affects dozens of communities and the river itself.

Among the plaintiffs’ concerns is that phosphate levels in water that is discharged to the river have to be tightly controlled under provisions of the Clean Water Act. If phosphate levels in domestic water rise, wastewater treatment protocols would have to be changed, potentially costing hundreds of thousands of dollars, if not more, according to a report by the Denver-based, nonpartisan Water Research Foundation.

From an environmental perspective, any increased phosphate in the South Platte River would make fighting such things as algae blooms, which are fueled by nutrients including phosphorous, much more difficult and could make the river less habitable for fish.

But in its statement to the court, the CDPHE said the state’s first job is to protect the health of the thousands of children served by Denver Water in the metro area.

“The addition of orthophosphate will reduce lead at consumers’ taps by approximately 74 percent, as opposed to the cheaper treatment favored by plaintiffs [PH/Alkalinity], which will only reduce levels by less than 50 percent,” CDPHE said in court documents. “This is a significant and important public health difference, particularly because there is no safe level of lead in blood…Even at low levels, a child’s exposure to lead can be harmful.”

How much either treatment may eventually cost Denver Water and others isn’t clear yet, according to state health officials, because it will depend in part on how each process is implemented.

Denver, Aurora and Metro Wastewater declined to comment for this story, citing the pending lawsuit.

The Greenway Foundation did not respond to a request for comment.

In late July, all parties agreed to pause the legal proceedings while they examine water treatment issues as well as the environmental concerns raised by higher levels of phosphorous in Denver Water’s treated water supplies. If a settlement can’t be reached by Nov. 1, the lawsuit will proceed.

Jonathan Cuppett, a research manager at the Water Research Foundation, said other utilities across the country may be asked to re-evaluate their own corrosion control systems under a rewrite of the Lead and Copper Rule underway now at the U.S. Environmental Protection Agency.

The newly proposed federal rule is due out for review later this year or by mid-2019.

Cuppett said the changes may lean toward more phosphate-based treatment for lead contamination. In fact, the EPA issued a statement in March in support of the CDPHE’s order to Denver Water.

“Within the [Lead and Copper Rule] there are a variety of changes that may be made. Depending on what those changes are other utilities may have to evaluate their strategy again or more frequently. And if that is the case, we may see more of this issue where someone is pushing for phosphorous for control for public health, creating a conflict of interest with environmental concerns,” Cuppett said.

Colorado public health officials said they’re hopeful an agreement can be reached, but that they have few options under the federal Safe Water Drinking Act’s Lead and Copper Rule.

“The [Lead and Copper Rule] is a very prescriptive, strict rule,” said Megan Parish, an attorney and policy adviser to CDPHE. “It doesn’t give us a lot of discretion to consider things that Metro Wastewater would have liked us to consider.”

WISE water arrives in Castle Rock; join the celebration June 8 — @crgov

WISE System Map via the South Metro Water Supply Authority

Here’s the release from the Town of Castle Rock:

For years, Castle Rock Water has made providing long term, renewable water a priority. Now, a major milestone has been reached and the first drops of WISE water are headed to Town. Join the celebration to help commemorate this accomplishment and take a look at what’s coming up next for water in Castle Rock.

The fun-filled family celebration will be from 4:30 to 6:30 p.m. Friday, June 8. Bring the kids, sunscreen and a great attitude to Gemstone Park, 6148 Sapphire Pointe Blvd., to join the festivities and celebrate the WISE water partnership.

After stakeholders officially cut the ribbon, the community is invited for a festival full of games, food trucks, bump soccer, bounce houses, a foam party, giant bubbles, water colors and more. Plus, get a chance to meet the Most Hydrated Man in Castle Rock.

Learn more about the celebration at http://CRgov.com/WISEWater.

The celebration will help mark more than 9 years of planning and $50 million in infrastructure to help ensure the community’s strong water future. When the WISE partnership was created, many communities in Colorado were faced with a drought. With limited, non-renewable resources, communities knew they needed to come up with a plan. Regional water providers saw the opportunity to partner in a solution and share in the expense to buy, transport and treat renewable water.

The WISE partnership is an arrangement between Denver Water, Aurora Water and 10 other south metro water providers to import renewable water. Castle Rock is the southernmost community partner.

Castle Rock Water finished the last piece of infrastructure – connecting a pipeline from Outter Marker Road to Ray Waterman Treatment Plant – in late 2017. The first drops of imported WISE water came to Town in late April.

Follow the entire journey for WISE water with the Most Hydrated Man at http://CRgov.com/WISEWater.

“…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.

Water experts talk drier Colorado at new Colorado State forum

Brad Udall, a senior water and climate research scientist at CSU, telling a crowd of water mavens on April 27 in Denver that Colorado faces a drier future, which means more fires. Udall studies the Colorado River basin and says there's been a 20 percent decline in water in the system since 2000.

By Brent Gardner-Smith, Aspen Journalism

DENVER – Some heavy hitters were invited by Colorado State University to speak at the inaugural Water in the West Symposium in Denver last week, including U.S. Secretary of Agriculture Sonny Perdue, the prior secretary of agriculture; Tom Vilsack of Iowa; U.S. Sen. Michael Bennett; and Gov. John Hickenlooper.

But the two players likely to have the biggest long-term impact on water in the West — climate change and drought — were escorted to the event at the McNichols Civic Center Building in downtown Denver by Brad Udall, a senior water and climate research scientist at CSU who studies the Colorado River Basin.

Udall’s version of climate change came wearing a T-shirt Udall designed with five “climate basics” listed on it: “It’s warming; It’s us; Experts agree; It’s bad; We can fix it.”

“The outlook is for a much drier Colorado” Udall told an audience of about 400 people on Thursday, which means less water and more fires in the state.

And he noted, “climate change is water change.”

Brad Udall, a climate researcher at CSU, has boiled down his findings to fit on a t-shirt. He told an audience at the inaugural Water in the West Symposium to expect a drier Colorado due to rising temperatures caused by human-induced climate change.

‘Odd and unusual’

Colorado State is preparing to build a new water center in partnership with Denver Waver on the National Western Center campus that’s being developed on the site of the long-running stock show in Denver.

And the symposium was a way of illustrating how one aspect of the new water center will function by bringing people together to talk about water policy and science.

The current 18-year-drought in the Colorado River Basin now has a name: the “Millennium Drought,” and it’s got Udall spooked.

“Something very odd and unusual is going on here,” Udall told the symposium crowd.

He said the period from 2000 to 2017 “is the worst drought in the gauged record” of the Colorado River and that flows have declined an average of 20 percent a year since the turn of the century due to rising temperatures.

It’s also time, Udall said, to consider that “drought” is no longer an apt description for what Colorado is facing, which is really long-term “aridification.”

“‘Drought’ implies we’re going to get out of it,” Udall said.

A slide from Brad Udall's presentation on April 26, 2018 at the CSU Water in the West Symposium. The slide describes the 20 percent drop in Colorado River flows since 2000, a condition Udall expects to also be the case in 2050.
U.S. Secretary of Agriculture Sonny Perdue, left, shakes hands with Tom Vilsac, the prior secretary of agriculture, on Friday in Denver during the Water in the West Symposium put on by CSU. Perdue, a Republican, and Vilsac, a Democrat, had a civil and well-informed exchange about water and ag in front of about 400 people.

Insidious issue

Perdue, who was governor of Georgia in 2007 during an extreme drought in that state, said Friday that he learned that drought brings out intense emotions in competing water users.

“Drought is probably one of the most insidious, stressful occasions that I can think of,” Perdue said, in large measures because “you have no idea when it is going to end.”

He acknowledged that water shortages in Georgia are rare compared to Colorado and the West.

“We found ourselves with some of the issues that I know you all are wrestling with, and that is the things that happen between municipalities, agriculture, recreationalists, endangered species, and all those things,” Perdue said.

Perdue, a Republican in President Donald Trump’s cabinet, was interviewed onstage by Vilsack, a Democrat who led the Department of Agriculture under President Barack Obama and is now working with CSU on food and water issues.

The exchange between the two was civil, given the current political climate, and it ended with the two of them reaching out to warmly shake hands and look each other in the eye.

Sen. Michael Bennett (D-Colorado) said Friday at the Water in the West Symposium in Denver that Coloradoans are going to have to trust each other when it comes to water, even if they disagree on things. Bennett also praised Colorado's 2015 state water plan, saying it is a testament to people coming together.

Fire budget

Perdue had also been praised earlier in the day by Sen. Bennett, a Democrat, for Perdue’s help in passing a bill to restore operational funds to the U.S. Forest Service that had been eaten up by the cost of fighting major fires in the West.

Bennett said he’d been working on the issue for nine years and considered both Perdue and Vilsack, for his earlier help on the issue, “heroes of Colorado.”

Bennett also praised the Colorado Water Plan published by the Colorado Water Conservation Board in 2015.

While acknowledging that the plan is “not perfect” and some people find it lacking in details, while others consider it too detailed, Bennett said the plan is a testament to how the state came together over water, “understanding that there is no way we can address this issue if we are at each other’s throats.”

Gov. Hickenlooper leaving the stage Thursday at the Water in the West Symposium in Denver. Hickenlooper, who said he is literally counting the days until his term ends, can count as his legacy the 2015 Colorado Water Plan.

Legacy plan

Gov. Hickenlooper, who signed the executive order in 2013 calling for a state water plan by 2015, spoke to the symposium Thursday, noting that with 259 days to go, he is now actually counting the days until his term of office ends.

He said the water plan, which weighs 4 pounds and took countless meetings over two years to produce, was referred to in the governor’s office during the process as “the colossal exercise.”

Regardless of what one thinks of the plan itself, the governor’s water-planning process did result in a working agreement between water interests on Colorado’s Front Range and Western Slope over a future potential new transmountain diversion under the Continental Divide.

Senior water mangers from both the Front Range and West Slope praised that agreement, or “conceptual framework,” as recently as April 18 at a regional water meeting in Grand Junction.

Given this year’s low snowpack, Hickenlooper also said Thursday the state was now “drawing up the paperwork” to activate the second stage of the state’s drought management plan.

Editor’s note: Aspen Journalism is covering rivers and water in collaboration with The Aspen Times, which published this story on Monday, April 30, 2018, and with the Glenwood Springs Post Independent, which published the story on Tuesday, May 1, 2018, the Vail Daily, which published the story on May 1, 2018, and the Summit Daily News, which published it on May 1, 2018.

“We need to take Denver’s concerns seriously” — Colby Pellegrino #ColoradoRiver #COriver

From The Nevada Independent (Daniel Rothberg):

After four states and Denver’s municipal water agency wrote letters accusing Arizona’s largest water provider of manipulating the Colorado River system to advantage itself, a former general manager of the Southern Nevada Water Authority lashed Arizona as a “bad actor.” An official at the water authority said this week that the utility was taking the concerns seriously.

Pat Mulroy, the water authority’s former general manager, offered a sharp critique of the Arizona utility — the Central Arizona Water Conservation District (CAWCD) — in an interview with The Nevada Independent. She said the utility’s actions had made it a “bad actor” on the river, adding that she believed the claims that CAWCD was manipulating the system to the detriment of other users. She said the fight plays into the internal power struggle within Arizona.

“They are willing to let the entire Colorado River system crash in order to win this parochial battle against the state,” Mulroy said. “It’s illogical… But that’s where they’re headed.”

In a letter Monday, Denver Water said it would end funding for a conservation program in 2019 if CAWCD did not alter its actions. The Southern Nevada agency, which manages water throughout Clark County, also funds the program.

No decision has been made about whether it will pull funding too. A spokesman said that the authority will take a “wait and see” approach to evaluate whether to fund the program next year. Colby Pellegrino, who manages the authority’s Colorado River supply, said the Denver Water letter was significant. Through Lake Mead, Southern Nevada gets about 90 percent of its drinking water from the river.

“We need to take Denver’s concerns seriously,” she said in an interview.

The funding in question is for a pilot program designed to conserve water in Lake Mead and Lake Powell, an attempt to prop up the elevation of the two major interconnected reservoirs in the Colorado River system. The Colorado River is split into two basins, an Upper Basin and a Lower Basin. The Lower Basin states of Arizona, California and Nevada pull their water from Lake Mead. Both basins have an interest in keeping their respective reservoirs above critical elevations that trigger losses in hydropower production and shortages in their water deliveries.

The Upper Basin states of Colorado, New Mexico, Utah and Wyoming are concerned that the CAWCD is manipulating supply and demand, to take more water from their reservoir, Lake Powell, than is appropriate for a system that is over-stressed and runs through an increasingly arid region. Even Arizona state officials have spoken out against CAWCD, which is locked in an internal battle with the Arizona Department of Water Resources, an arm of the governor’s office.

Mulroy applauded the Upper Basin for writing its letter, saying she hoped it would put pressure on Arizona water managers to settle their fighting, one of the factors holding up a drought plan.

From Colorado Public Radio (Grace Hood):

Denver Water raised concerns in an April 16 letter over perceived “manipulation of water demands” by the Central Arizona Water Conservancy District, which manages the Central Arizona Project. CAP’s system of canals feeds Colorado River Water to Arizona farms and the cities of Phoenix and Tucson.

In the letter, Denver Water CEO/manager Jim Lochhead called into question recent CAP statements about a so-called “sweet spot” in Lake Mead. CAP water managers are publicly discussing keeping measurement levels within a specific range in the lower Colorado River Basin reservoir so more water will come from Lake Powell upstream.

Lochhead said those actions jeopardize millions spent by his agency to conserve Colorado River water upstream. Denver Water gets about half of what it needs from the river, and has invested in recent years in the Colorado River Conservation Program, which pays state farmers and ranchers to conserve Colorado River water as the entire basin struggles to manage the effects of an 18-year drought.

Denver Water is prepared to terminate our funding of the program after we meet our obligations in 2018…unless the [Central Arizona Water Conservancy District] is able to verifiably establish it has ceased all actions to manipulate demands and is fully participating in aggressive conservation measures along with other entities in Arizona,” the letter said.

In an interview, Lochhead said actions by Arizona water managers “undermines both the investment that Denver Water has made in this program and it undermines the conservation efforts that are being made by water users in the upper basin including in Western Colorado.”

For its part, the Arizona district said it will contact Denver Water officials and can’t comment now.

More Unusual Steps

Denver Water’s missive isn’t the first warning received by the Central Arizona Water Conservancy District. Just three days before Denver’s communique, the Upper Colorado River Commission sent its own strongly worded dispatch to Arizona Department of Water Resources chief Tom Buschatzke.

“[The Central Arizona Water Conservation District’s] goal appears to be to delay agreement on drought plans in order to take advantage of what it terms the ‘sweet spot’ by drawing ‘bonus water’ from Lake Powell… characterizations indicate that CAWCD intends to disregard the basin’s dire situation at the expense of Lake Powell and all other basin states,” the commission wrote.

Detailed Colorado River Basin map via the U.S. Bureau of Reclamation.

Upper Colorado River Commissioner James Eklund signed the letter along with representatives from New Mexico, Wyoming and Utah. He said it was “an unusual step to see language like this in a letter from one state to another. That said, we feel like it was timely and the situation warranted the letter.”

For Eklund, the crux of the issue is one water district in Arizona “maximizing one interest over the interest of the entire basin.”

“We assumed good faith dealing and when we saw something that suggested a contrary message or policy being adopted by the district in Arizona,” Eklund continued. “That’s when we decided we have to bring them back into the fold, into the herd, and get them back at the negotiating table.”

At a deeper level, there’s an internal dispute between Arizona water leaders. The Arizona Department of Water Resources has criticized these management practices by the Central Arizona Project.

“It raises important questions about actions taken by Central Arizona Water Conservation District that threaten to blow up the collaborative effort that we have been enjoying on the Colorado River for the last 20 years,” Arizona Department of Water Resources Director Tom Buschatzke told KJZZ in Phoenix.

From KJZZ.com (Bret Jaspers):

Commissioners for the Upper Colorado River sent a letter late last week to Arizona Department of Water Resources Director Tom Buschatzke. In the letter, they specifically criticized a water management strategy of the Central Arizona Water Conservation District (CAWCD).

Here’s what the upper basin doesn’t like: the CAWCD aims to keep Lake Mead at a so-called “sweet spot.” If the level of the lake stays in that range, then under current agreements, more water comes down from Lake Powell.

The Commissioners’ letter expressed deep concern that CAWCD “intends to disregard the basin’s dire situation at the expense of Lake Powell and all other basin states.” Don Ostler, executive director of the Upper Colorado River Commission, said bluntly in an interview. “That kind of manipulation is unacceptable to the Upper Basin.”

The letter echoed an argument long made by Buschatzke.

“It raises important questions about actions taken by Central Arizona Water Conservation District that threaten to blow up the collaborative effort that we have been enjoying on the Colorado River for the last 20 years,” he said.

A statement from the CAWCD, in part, said, “We are surprised and disappointed to have received a letter from the Upper Colorado River Commission questioning CAWCD’s intentions in leaving water in Lake Mead. We have been reaching out to our partners in the Upper Basin, hoping to clarify apparent misunderstandings, and to facilitate in-person, collaborative discussions aimed at finding solutions that will benefit the communities and environment served by this mighty river.”

CAWCD also reminded people of the water the agency has conserved on behalf of Lake Mead, “at a significant cost to CAP water users in terms of water and water rates.” CAWCD runs the Central Arizona Project canal system, which delivers water to the Phoenix and Tuscon areas.

The Upper Colorado River Commissioners also urged Arizona to get its internal house in order so all seven states and Mexico can plan for long-term drought.

“The seven Colorado River Basin states and Mexico are connected at the hip in this river,” Ostler said. “And what is going on with regards to one state, its failure to make progress, is having an effect on all seven states.”

Buschatzke and Gov. Doug Ducey are trying to get big-ticket water legislation through the state Capitol this year. But time is running out on the legislative session.

From the Colorado River District (Martha Moore):

“It’s unfortunate that what we view as their internal dysfunction within Arizona has cause frankly damage within the water community on the Colorado River,” Mueller said.

Mueller wants to see Interior review whether the CAP’s water diversions are in compliance with Colorado River water law.

“It deserves looking at and will require some federal action probably,” he said, adding that the Arizona water district’s actions go beyond a “friendly water dispute.” — Andy Mueller

The Central Arizona Aqueduct delivers water from the Colorado River to underground aquifers in southern Arizona. UT researcher Bridget Scanlon recommends more water storage projects like the aqueduct to help protect against variability in the river’s water supply. U.S. Bureau of Reclamation.

From The Arizona Republic (Brandon Loomis):

Central Arizona water managers, facing backlash from other Colorado River users for allegedly undercutting regional conservation efforts, will visit Utah later this month aiming to smooth relations across a region struggling to agree on a way to save a key water supply…

CAP General Manager Ted Cooke initially shot back that his agency was following the rules and manipulating nothing. But as the week progressed, CAP asked for an audience and planned an April 30 meeting with the Upper Colorado Basin Commission in Salt Lake City.

“We reached out to (commissioners) individually, and they said, ‘How about we hear you all at once?’” CAP spokeswoman Crystal Thompson said.

An official with the commission representing Wyoming, Colorado, Utah and New Mexico water interests confirmed they are scheduling a private meeting to discuss the conflict…

The Arizona Department of Water Resources and Gov. Doug Ducey have sought but so far failed to secure legislative authority to hold back some of the water the CAP delivers from Lake Mead as part of the state’s offering for a regional conservation agreement. That water would come from Arizona tribes and other users who would willingly store it in the Southwest’s largest reservoir rather than taking their full legal share each year.

CAP, which traditionally has sold excess water to users or groundwater storage projects, objected and argued that keeping too much water in Lake Mead could hurt the state. That’s because federal rules for balancing the levels of Lake Mead and its upstream counterpart, Lake Powell, call for releasing more water from Powell if Mead hovers near a level that would trigger a shortage and mandate cutbacks in use.

Under a formula set by the state and the U.S. Interior Department, Lake Powell will send 9 million acre-feet to Lake Mead this year to prevent shortage, rather than the 8.23 million acre-feet it would send under normal river conditions. Each acre-foot is about 326,000 gallons and is enough to serve about two households for a year.

Conserving enough to prevent a shortage but not so much as to slow the flow from Lake Powell represents a “sweet spot,” CAP argued, in language that has now alarmed upstream water officials.

A CAP graphic circulated among water managers set off the criticism. It depicted Lake Mead’s “sweet spot” as being around elevation 1,080 to 1,085 feet above sea level, or 5 to10 feet above the level that would trigger mandated cutbacks for Arizona water users.

CAP’s “manipulation of demands in order to take advantage of the supposed ‘sweet spot’ in Lake Powell water releases undermines (regional conservation), and is unacceptable,” Denver Water CEO James Lochhead wrote.

He said his agency would cease funding conservation measures by farms and other users if CAP doesn’t embrace “aggressive conservation measures along with other entities in Arizona.”

CAP has participated in Colorado River conservation, and has argued that without its actions in recent years Lake Mead would already be in shortage mode. Critics have argued it’s not enough, and that another dry winter like the last one could end the “bonus” that Lake Powell is sending downstream.

Current projections for this spring’s runoff suggest Lake Powell will drop 30 feet this year and end up just 7 feet above the level that would mandate reductions from normal releases into Lake Mead and start a cycle of shortage.

If that happens, the reduced flows could leave Lake Mead vulnerable to declines that would impose steeper reductions on Arizona consumption.

Buschatzke worried that the letters from upstream interests might signal a lawsuit that could upend years of efforts at working across state lines to protect reservoir levels. The shortage triggers and reservoir operating plans are based largely on a 2007 agreement negotiated among the seven river states.

“For the last 10 years we’ve been on the collaborative path,” he said. “This threatens to send us back down the parochial path.”

He called on CAP to heed the message and negotiate a way to keep more water in Lake Mead. That would require an interim, interagency agreement about some of the authority the state has sought from the Legislature, until the governor can get a bill passed this year or next.

Arizona faces more severe cutbacks if it ignores interstate collaboration and lets the reservoir keep dropping. Those cuts would initially affect central Arizona farmers and groundwater banking efforts in the next two years, but urban users and developers could suffer if the depletion gets worse.

Buschatzke cautioned Arizonans against getting defensive about criticism from upstream states. Doing so and refusing to conserve more could leave the state in a bad spot, he said.

“I hope it doesn’t result in some folks in Arizona saying, ‘Man, they’re ganging up on us, we better hunker down,’” he said.

CAP officials will decline further comment to avoid undermining the planned Salt Lake City talks, Thompson said.

Lake Mead viewed from Arizona.

States accuse @CAPArizona gaming #LakeMead, undermining #ColoradoRiver #drought plans #COriver

View of Lake Mead and Hoover dam. Photo credit BBC.

From The Nevada Independent (Daniel Rothberg):

After expressing their frustration privately for weeks, negotiators for four Colorado River Basin states sent a strongly worded letter to Arizona water managers on Friday, singling out the actions of one state agency as “threaten[ing] the water supply for nearly 40 million people.”

In the letter, the Upper Colorado River Commission said those actions could threaten efforts to conserve water and prevent Lake Mead from going into shortage for as long as possible. It could, they wrote, also undermine a decade of broader collaboration intended to avoid costly litigation between Colorado River users.

In a second letter released on Monday, Denver Water told the Arizona water agency — the Central Arizona Project — that it is prepared to pull conservation funding because CAP’s actions “severely compromise the trust and cooperation that has allowed us to develop [the program].”

The mounting pressure on CAP, which is operated by the Central Arizona Water Conservation District (CAWCD), comes as the agency is engaged in a fight within Arizona over how to manage the state’s Colorado River water. At issue is whether the Central Arizona Project, which delivers water to Tucson and Phoenix, is gaming a set of guidelines intended to balance the river’s reservoirs during times of drought. The Arizona Department of Water Resources, an arm of the governor’s office, has criticized CAP’s strategy for months and now other Colorado River users are piling on, warning the agency to stop before it jeopardizes delicate negotiations over drought planning.

In response to the letters on Monday, Arizona’s top water official doubled down on his criticism. Tom Buschatzke, who directs the Arizona Department of Water Resources, said he shared some concerns in the letter and agreed CAP was manipulating the system to get more water from the Upper Basin.

“I have huge concerns that the unilateral actions of CAWCD are threatening the regional and binational [drought] plans… that will benefit and protect Lake Mead,” Buschatzke said on Monday in response to the two letters.

In a statement, CAP said it was “surprised and disappointed to have received a letter from the Upper Colorado River Commission questioning CAWCD’s intentions in leaving water in Lake Mead. We have been reaching out to our partners in the Upper Basin, hoping to clarify apparent misunderstandings, and to facilitate in-person, collaborative discussions aimed at finding solutions that will benefit the communities and environment served by this mighty river.”

What’s going on here

The Colorado River is split into an upper and a lower basin with two main reservoirs in each division — Lake Powell and Lake Mead. Under the 1922 Colorado River Compact, the Upper Basin states of Colorado, New Mexico, Wyoming and Utah are obligated to release a certain amount of Lake Powell water for the Lower Basin states of Arizona, California and Nevada.

On top of that, the Upper Basin has agreed, in recent years, to send “bonus water” to Lake Mead if it is at a low elevation relative to Lake Powell. The dispute with CAP is about the “bonus water.” Recently, CAP has advocated in presentations for keeping Lake Mead at a “sweet spot” — high enough to avoid a shortage but low enough to get “extra water” from Lake Powell.

This creates a political issue for the Upper Basin. It wants to store water in Lake Powell and boost the reservoir’s elevations. That way it can ensure full deliveries to the Lower Basin in dry years and continue producing hydropower.

CAP is undermining efforts to keep water in Lake Powell, the letters argue, by adjusting how it orders water from Lake Mead (CAP’s general manager Ted Cooke defended this practice on Twitter last week as placing its “water order wisely”).

The letter signed by representatives for all the Upper Basin states calls CAP’s action a “strategy to intentionally maximize demands within the Central Arizona Project to induce larger than normal releases from Lake Powell.” The “goal,” they wrote on Friday, “appears to be to delay agreement on drought plans in order to take advantage of what it terms the ‘sweet spot.’”

Denver Water called it “unacceptable.” The municipal agency said that it would cancel funding for a Colorado River conservation program in the Upper Basin unless CAP “is able to verifiably establish it has ceased all actions to manipulate demands and is fully participating in aggressive conservation.”

In recent months, Cooke has defended CAP’s decisions. CAP’s supporters see the actions as a water agency acting in its own interests. Cooke argued that it would be counterproductive to store more water in Lake Mead because that could boost its elevation so much that the Lower Basin would forgo any “bonus water.” Arizona would take the steepest cuts during a shortage. He has said the best thing to do is to get as much water from Powell as the current rules allow and use it to mitigate a shortage.

From The Arizona Daily Star (Tony Davis):

The agency that runs the $4 billion Central Arizona Project is being accused of manipulating Colorado River reservoirs’ operations to suck out more water for its Tucson, Phoenix and Pinal County customers.

The accusation came in two letters in the past few days from representatives of four Upper Colorado River Basin states, the federal government and the Denver Water Dept. They say CAP’s approach threatens a Western water supply serving nearly 40 million people. It also threatens the harmony that has marked relations among the seven basin states since they approved guidelines to run the Colorado River’s reservoirs in 2007, they say.

Under criticism is CAP’s practice of limiting how much river water it conserves each year, in order to prop up Lake Mead’s declining reservoir levels. The CAP has resisted pressure from other water agencies in Arizona to boost its conservation beyond about 200,000 acre-feet a year, enough to cover that many football fields a foot deep.

CAP says that’s because as Lakes Mead and Powell are managed under the 2007 guidelines, conserving too much, or “overconserving” as CAP officials put it in the past, could reduce water releases from Powell to Mead. That would trigger shortages and cutbacks in water deliveries to Arizona users. CAP brings drinking water to Tucson and Phoenix and irrigation water to Pinal County via a 336-mile-long canal.

That stance irks the Upper Colorado commission, representing the Upper Basin states of Colorado, Utah, New Mexico and Wyoming and the U.S. government.

Last Friday, commissioners wrote that the Central Arizona Water Conservation District — a three-county water district running CAP — “intends to disregard the basin’s dire situation at the expense of Lake Powell and the other basin states.” CAP is trying to “maximize demands” to get larger water releases from Powell, said the letter to Arizona Department of Water Resources Director Tom Buschatzke.

Officials of the CAP water district responded in a statement, “We are surprised and disappointed to have received a letter from the Upper Colorado River Commission questioning CAWCD’s intentions in leaving water in Lake Mead.” On Twitter, CAP general manager Ted Cooke recently said the agency places its water order wisely, following federal guidelines…

Since 2014, CAP and its partners reduced water use enough to be able to leave more than 850,000 acre-feet in Mead, the statement said…

In its letter, the Upper Colorado commission noted that because of a high water release expected from Powell this year and continued low snowpack and poor river runoff, Powell is expected to drop 30 feet in the next year. If these conditions persist, CAP’s efforts to boost water releases from Powell could make future reservoir conditions worse and trigger more severe shortages in the long term, the letter said…

The letters were triggered by a graphic recently posted on CAP’s website, saying the agency has maintained a “sweet spot” for Lake Mead’s water levels.

By that, it means conservation has kept Lake Mead high enough to avoid a shortage, but not so high as to cause the federal government to release only 8.23 million acre-feet of water each year — the customary average annual delivery from Powell to Mead. Instead, the feds have released 9 million acre-feet each of the past four years.

The graphic, which the agency took down after it generated controversy, made Lake Mead’s level appear to be a bigger factor in determining water releases than the weather, which others disagree with.

The Upper Colorado commission and Denver Water are also concerned that this conflict threatens an interstate program in which the feds, Lower Basin water agencies and Denver Water pay farmers and other users to use less water, with the savings held in Mead.

This program has saved about 139,000 acre-feet of river water. But Denver Water is prepared to end its support of the conservation program unless, among other things, CAP can show “it has ceased all actions to manipulate demands and is fully participating in aggressive conservation measures,” Denver Water chief Jim Lochhead wrote to the CAP…

Paul Orme, an attorney for four irrigation districts in Central Arizona, said he continues to support CAP. Farmers will be the first to lose water during a shortage and they’re more interested in year-to-year releases, Orme said.

“What they are doing is permitted under the (2007) guidelines,” Orme said, referring to the CAP. “I know the Upper Basin says they’re not in the spirit of the guidelines, but they’re in the letter of the guidelines.”

From KJZZ.com (Bret Jaspers):

Here’s what the upper basin doesn’t like: the CAWCD aims to keep Lake Mead at a so-called “sweet spot.” If the level of the lake stays in that range, then under current agreements, more water comes down from Lake Powell.

The Commissioners’ letter expressed deep concern that CAWCD “intends to disregard the basin’s dire situation at the expense of Lake Powell and all other basin states.” Don Ostler, executive director of the Upper Colorado River Commission, said bluntly in an interview. “That kind of manipulation is unacceptable to the Upper Basin.”

[…]

CAWCD also reminded people of the water the agency has conserved on behalf of Lake Mead, “at a significant cost to CAP water users in terms of water and water rates.” CAWCD runs the Central Arizona Project canal system, which delivers water to the Phoenix and Tuscon areas…

The Upper Colorado River Commissioners also urged Arizona to get its internal house in order so all seven states and Mexico can plan for long-term drought.

“The seven Colorado River Basin states and Mexico are connected at the hip in this river,” Ostler said. “And what is going on with regards to one state, its failure to make progress, is having an effect on all seven states.”

Buschatzke and Gov. Doug Ducey are trying to get big-ticket water legislation through the state Capitol this year. But time is running out on the legislative session.

Click here to read Denver Water’s letter to the Central Arizona Project:

From InkStain (John Fleck):

Denver Water today joined state leaders in the Upper Colorado River Basin with a letter accusing the managers of the Central Arizona Project of manipulating water orders to get more water out of the Upper Basin’s reservoir at Lake Powell. The actions of the CAP’s managers “several compromise the trust and cooperation” needed to solve Colorado River problems, the letter from Denver Water’s Jim Lochhead said.

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.”