Eagle County 1041 authority looms large in proposed Whitney Reservoir debate as feds slash more regs — Real Vail

These wetlands, located on a 150-acre parcel in the Homestake Creek valley that Homestake Partners bought in 2018, would be inundated if Whitney Reservoir is constructed. The Forest Service received more than 500 comments, the majority in opposition to, test drilling associated with the project and the reservoir project itself. Photo credit: Heather Sackett/Aspen Journalism

From Real Vail (David O. Williams):

With Wednesday’s move by the Trump administration to weaken one of the nation’s bedrock conservation laws – the National Environmental Policy Act (NEPA) – all eyes will increasingly be on local opposition and regulation when it comes to major infrastructure on federal lands.

That’s pretty much what Eagle County Commissioner Kathy Chandler-Henry told me when I asked about the proposed Whitney Reservoir project currently being scoped out by the U.S. Forest Service along Homestake Creek in southeastern Eagle County. The reservoir is being proposed by Colorado Springs and Aurora to pump Western Slope water to the Front Range.

All that’s currently being considered by the Forest Service is a test-drilling project to detect fatal flaws and see if one of four possible dam configurations is feasible, at which point an actual proposal for Whitney Reservoir would be submitted and considered by the feds, including a possible request to shrink the Holy Cross Wilderness by up to 500 acres to realign the road.

The Forest Service was flooded with more than 500 online comments opposing the drilling and the reservoir, demanding higher levels of environmental scrutiny for a special use permit for the drilling project that could be issued under what’s known as a “categorical exclusion.” Opponents are demanding an Environmental Assessment (EA) or Environmental Impact Statement (EIS)…

in the 1990s, when I first moved to the Vail area, there was a huge battle going on over what was then called Homestake II – a reservoir proposed for the same area by the same cities, which still hold 20,000 acre-feet of water rights here.

Eagle County used its 1041 permitting powers, which give counties some degree of local control over infrastructure projects with regional or statewide impacts, to deny Homestake II – a move that wound up in court and went all the way to the Colorado Supreme Court before Eagle County ultimately won. Those 1041 regulatory powers were granted by a state law in the 1970s.

All of that led to the Eagle River Memorandum of Understanding (MOU) that outlines how all the various stakeholders in the Eagle River Basin would work together going forward to resolve their issues. But one important thing remains true: Eagle County, not a signatory to the MOU, still has 1041 permitting authority.

So Chandler-Henry, the water leader on the board, had some important things to say last spring. First, on any proposal that would require redrawing the boundaries of the Holy Cross Wilderness Area: “I can tell you that’s not anything that we would ever be supportive of is moving wilderness boundaries.” Then, on the importance of local permitting power:

Chandler-Henry points out that federal protections have been stripped away by the current administration, with fens and ephemeral streams recently being removed from the definition of Waters of the United States by the U.S. Environmental Protection Agency. Those changes, she said, are making it much easier for water providers to get their federal permits in place.

“Which means 1041 is all the more important for local considerations,” Chandler-Henry said, adding she believes her constituents oppose a dam. “I think that that is going to be a huge public sentiment, that we don’t want anything there.”

That being said, the county has to be somewhat diplomatic on both the test drilling and a possible future reservoir. Eagle County officials said they are working with the Forest Service on the test drilling proposal and may comment later.

“Eagle County cannot take a position regarding, and will not be commenting on, any future reservoir project because of its permitting authority powers,” county officials said in an email. “Eagle County must avoid prejudging a file based upon this authority.

“Eagle County plans to meet with the USDA USFS to discuss procedural questions regarding the proposed Whitney Creek Geotechnical Investigation project. Depending upon the outcome of that conversation, Eagle County may or may not choose to provide comment [to the Forest Service],” officials added.

Chandler-Henry, who talked to me well before the formal test drilling application and the recent Trump move to gut NEPA, said the county is keeping an open mind on 1041 permitting for whatever proposal eventually comes before the board. However, she reiterated that shrinking the Holy Cross boundary – something Congress would have to approve – is a non-starter…

Western Slope signatories of the Eagle River MOU were tight-lipped on the geophysical study and drilling. Jim Pokrandt, director of community affairs for the Colorado River District, declined to comment on the investigatory test work, saying only, “Yes, we have signed the MOU. That said … we are not participating in the Whitney Creek effort.”

Diane Johnson,communications and public affairs manager for the Eagle River Water & Sanitation District, said: “The short answer is we – [ERWSD] and Upper Eagle Regional Water Authority — support [Homestake Partners’] right to pursue an application for their yield. We trust the permitting process to bring all impacts and benefits to light for the community to consider and weigh in total.” Neither organization submitted a comment to the Forest Service…

Impacts from fatal-flaw drilling

If approved by the Forest Service for a special use permit, Homestake Partners would send in crews on foot to collect seismic and other geophysical data later this summer or fall. Then crews with heavy equipment would drill 10 bore holes of up 150 feet deep in three separate possible dam locations on Forest Service land.

Crews would use a standard pickup truck, a heavy-duty pickup pulling a flatbed trailer, and a semi-tractor and trailer that would remain on designated roads and parking areas, with some lane closures of Homestake Road (703) and dispersed campsites possible.

For off-road boring operations, crews would use a rubber-tracked drill rig, a utility vehicle (UTV) pulling a small trailer, and a track-mounted skid steer. The drill rigs are up to 8 feet wide, 22 feet long, and 8 feet high and can extend up to 30 feet high during drilling, requiring possible tree removal in some areas. The rigs would also have to cross Homestake Creek and some wetland areas, although crews would use temporary ramps or wood mats to mitigate impacts.

According to a technical report (pdf) filed by Homestake Partners, the subsurface work is expected to take up to five days per drilling location, or at least 50 days of daytime work only. However, continuous daytime noise from the drilling could approach 100 decibels, which is equivalent to an outboard motor, garbage truck, jackhammer or jet flyover at 1,000 feet. If work is not done by winter, crews have up to a year to complete the project and could return in 2021.

The drilling process would use several thousand gallons of Homestake Creek water per day that engineers say “would have negligible impacts on streamflow or aquatic habitat. Water pumped from Homestake Creek during drilling would amount to less than 0.01 [cubic feet per second], a small fraction of average flows.”

Homestake Partners would avoid wetlands as much as possible during drilling, but “where temporary wetland or waters disturbance is unavoidable, applicable 404 permitting would be secured from the U.S. Army Corps of Engineers (Corps).” Crossing of Homestake Creek would occur in late summer or fall when stream flows are low, and no drilling would occur in wetlands.

While no permanent roads would be built for the drilling, temporary access routes would be necessary and reclaimed as much as possible. “Access routes would be selected to reduce surface disturbance and vegetation removal, and to avoid identified or potential unexploded ordnances (UXOs) discovered during field surveys.” The famed 10th Mountain Division of the U.S. Army used the area for winter warfare training during World War II.

Forest Service flooded with comments opposing Whitney Reservoir, drilling — @AspenJournalism

These wetlands, located on a 150-acre parcel in the Homestake Creek valley that Homestake Partners bought in 2018, would be inundated if Whitney Reservoir is constructed. The Forest Service received more than 500 comments, the majority in opposition to, test drilling associated with the project and the reservoir project itself. Photo credit: Heather Sackett/Aspen Journalism

From Aspen Journalism (David O. Williams):

The U.S. Forest Service has been inundated with more than 500 online comments — the vast majority in opposition — to a geophysical study and drilling by the cities of Aurora and Colorado Springs to determine the feasibility of a second reservoir in the Homestake Creek drainage, including objections from nearby towns and a local state senator.

The geophysical study and the drilling are the next step in the lengthy process of developing a reservoir on lower Homestake Creek.

The mayors of Red Cliff and Minturn signed and submitted separate but identical letters questioning the legality of drilling 10 boreholes on Forest Service land near the Holy Cross Wilderness Area, which is six miles southwest of Red Cliff, to see whether soil and bedrock can support a dam for what would be known as Whitney Reservoir. Avon’s attorney has asked for a public comment extension to Aug. 4 so that it can hold a hearing.

“A Whitney Reservoir would irreparably change and harm our community,” Minturn Mayor John Widerman and Red Cliff Mayor Duke Gerber wrote in their letters, submitted June 30. “We are paying close attention to these proposals, other moves by Homestake Partners and the public controversy. This categorical exclusion is rushed, harmful and unlawful.”

Operating together as Homestake Partners, the cities of Aurora and Colorado Springs own water rights dating to the 1950s that, under the 1998 Eagle River Memorandum of Understanding (MOU), give them the basis to pursue developing 20,000 acre-feet of water a year from the Western Slope. They’ve been studying four potential dam sites in the Homestake Valley several miles below the cities’ existing Homestake Reservoir, which holds 43,600 acre-feet of water.

The smallest configuration of Whitney Reservoir, if deemed feasible and ultimately approved, would be 6,850 acre-feet, and the largest would be up to 20,000 acre-feet. The reservoir, on lower Homestake Creek, would pump water up to Homestake Reservoir, about five miles upstream, then through a tunnel under the Continental Divide to Turquoise Reservoir near Leadville.

In 2018, Homestake Partners paid $4.1 million for 150 acres of private land, which it leases back to the former owner for a nominal fee. That land, which would be inundated to accommodate a large portion of Whitney Reservoir’s surface area, is braided with streams and waterfalls and is lush with fens and other wetlands. It’s also home to a cabin once used as an officers quarters for the famed 10th Mountain Division of the U.S. Army. The site is not far from Camp Hale, between Red Cliff and Leadville, where soldiers trained for mountain warfare during World War II.

This cabin, once used by the 10th Mountain Division of the U.S. Army, sits on a 150-acre parcel owned by Homestake Partners. The site of the proposed Whitney Reservoir is near Camp Hale, between Red Cliff and Leadville. Photo credit: David O. Williams/Aspen Journalism

Eagle River MOU

The Eagle River MOU is an agreement between Aurora and Colorado Springs and a bevy of Western Slope water interests. The Colorado River Water Conservation District, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, and Vail Resorts are collectively defined in the MOU as the Reservoir Company. None of those entities submitted comments to the Forest Service on the drilling proposal. And according to Diane Johnson, communications and public affairs manager for the ERWSD and UERWA, none are helping to pay for the feasibility study and none are involved in the reservoir project, except to the degree that it is tied to the MOU.

The MOU provides for 20,000 acre-feet of average annual yield for the cities. “Yield” refers to a reliable supply of water. In some cases, yield equates to storage in a reservoir, but yield can also be created by other methods, such as pumping water uphill from a smaller, refilled reservoir, which is an option being studied by the cities on lower Homestake Creek. The MOU also provides for 10,000 acre-feet of “firm dry year yield” for the Western Slope entities in the Reservoir Company, and firm dry year yield means a reliable supply even in a very dry year. Those entities have developed about 2,000 acre-feet of that allocated firm yield in Eagle Park Reservoir, and it’s not yet clear whether the Whitney Reservoir project would help them realize any additional yield.

“The short answer is we support (Homestake Partners’) right to pursue an application for their yield,” Johnson said. “We trust the permitting process to bring all impacts and benefits to light for the community to consider and weigh in total.” .

Jim Pokrandt, director of community affairs for the River District, declined to comment on the investigatory test work, saying only, “Yes, we have signed the MOU. That said, … we are not participating in the Whitney Creek effort.”

Besides Homestake Partners and the Reservoir Company, the MOU was signed by the Climax Molybdenum Company. The two private companies signed onto the MOU — Vail Resorts and Freeport-McMoRan (Climax) — also declined to comment on either the drilling study or Whitney Reservoir.

Under the MOU, various parties can pursue projects on their own, and the other parties are bound to support those efforts, but only to the degree that a proposed project meets the objectives of the MOU, including whether a project “minimizes environmental impacts.”

Many of the 520 online comments as of the June 30 deadline objected to testing for the possibility of a dam, expressing concern for the complex wetlands in the area, but most of the comments also strongly condemn the overall project: a potential future Whitney Reservoir.

The cities are trying to keep the focus on the test drilling.

“This is simply a fatal-flaw reservoir siting study that includes subsurface exploration, and it’s basically just to evaluate feasibility of a dam construction on lower Homestake Creek,” said Maria Pastore, Colorado Springs Utilities’ senior project manager for water resource planning. “It’s simple exploratory work to determine if we can even go ahead with permitting and design.”

Marcia Gilles, acting ranger for the Eagle-Holy Cross District, said her office will continue accepting comments at any time during the ongoing analysis of the geophysical study despite the June 30 deadline. She added that if the Forest Service concludes there are no “extraordinary circumstances,” she can render a decision using what is known as a categorical exclusion and then issue a special-use permit as soon as August. A categorical exclusion requires less environmental scrutiny than other forms of analysis.

“At this time, the proposed action appears to be categorically excluded from requiring further analysis and documentation in an environmental assessment (EA) or environmental impact statement (EIS),” Gilles said. “Should the environmental analysis find extraordinary circumstances, the Forest Service would proceed to analyzing the project in an EA or EIS.”

State Sen. Kerry Donovan, a Vail Democrat, disagrees. She wrote to the Forest Service on June 30: “I … strongly urge you not to categorically exclude this project from (National Environmental Policy Act) analysis. I cannot express how sternly the citizens of my district oppose water diversion projects to Front Range communities.” Her district encompasses seven Western Slope counties, including Eagle, where the dam would be located.

Donovan called the proposed investigation — which would require temporary roads, heavy drilling equipment, continuous high-decibel noise, driving through Homestake Creek and use of its water in the drilling process — an affront to the “Keep It Public” movement, which advocates for effective federal management on public lands.

These wetlands in the Homestake Creek valley are near the site of the proposed Whitney Reservoir. The Forest Service is considering whether to issue a permit for drilling and a geotechnical study to test whether the site would support a dam. Photo credit: Heather Sackett/Aspen Journalism

Drilling impacts

If approved by the Forest Service for a special-use permit, Homestake Partners would send in crews on foot to collect seismic and other geophysical data later this summer or fall. Crews with heavy equipment would then drill 10 boreholes up to 150 feet deep in three possible dam locations on Forest Service land. The drilling would take place on Forest Service land but not in a wilderness area.

Crews would use a standard pickup truck, a heavy-duty pickup pulling a flatbed trailer, and a semi-truck and trailer that would remain on designated roads and parking areas, with some lane closures of Homestake Road and dispersed campsites possible.
For off-road boring operations, crews would use a rubber-tracked drill rig, a utility vehicle pulling a small trailer, and a track-mounted skid steer. The drill rigs are up to 8 feet wide, 22 feet long and 8 feet high, and can extend up to 30 feet high during drilling, possibly requiring tree removal in some areas. The rigs would also have to cross Homestake Creek and some wetland areas, although crews would use temporary ramps or wood mats to mitigate impacts.

According to a technical report filed by Homestake Partners, the subsurface work is expected to take up to five days per drilling location, or at least 50 days of daytime work only. However, continuous daytime noise from the drilling could approach 100 decibels, which is equivalent to either an outboard motor, garbage truck, jackhammer or jet flyover at 1,000 feet. If work is not done by winter, crews have up to a year to complete the project and could return in 2021.

The drilling process would use several thousand gallons of Homestake Creek water per day that engineers say “would have negligible impacts on streamflow or aquatic habitat. Water pumped from Homestake Creek during drilling would amount to less than 0.01 (cubic feet per second), a small fraction of average flows,” according to a technical report included with application materials.

Homestake Partners would avoid wetlands as much as possible during drilling, but “where temporary wetland or waters disturbance is unavoidable, applicable 404 permitting would be secured from the U.S. Army Corps of Engineers.” Crossing of Homestake Creek would occur in late summer or fall when streamflows are low, and no drilling would occur in wetlands.

While no permanent roads would be built for the drilling, temporary access routes would be necessary and reclaimed as much as possible.

“Access routes would be selected to reduce surface disturbance and vegetation removal, and to avoid identified or potential unexploded ordnances (UXOs) discovered during field surveys,” according to the technical report. The 10th Mountain Division used the area for winter warfare training during WWII.

Another concern cited in the report is the potential impact to Canada lynx. Listed as threatened under the Endangered Species Act, “only Canada lynx has potential habitat in the vicinity of the project area,” according to the report. “No impacts on lynx are anticipated from the proposed work because much of the activity would occur near Homestake Road, a well-traveled recreation access road. Work would be conducted over a short period (approximately five to six weeks) and impacts on potential habitat would be negligible.”

The vast majority of comments from a variety of environmental groups and concerned citizens focused on potential impacts to the area’s renowned wetlands and peat-forming fens, which the project proponents say they will avoid as much as possible. So far, Gilles said she is not aware of any legal challenges to the project.

Two prominent local conservation groups — Eagle Valley Land Trust and Eagle River Watershed Council — submitted comments to the Forest Service expressing serious reservations about both the drilling and the possibility of a dam.

“Geophysical exploration has an obvious significant nexus and direct relation to additional future actions, i.e., dam construction, which may in time massively impact the Eagle River watershed — regardless of whether the future actions are yet ripe for decisions,” ERWC officials wrote.

This map shows the location of test holes Homestake Partners plans to drill as part of its geotechnical investigation into the feasibility of a dam site in the Homestake Creek valley. The Forest Service has received more than 500 comments, most of them in opposition to, the drilling and the overall reservoir project. Credit: USFS via Aspen Journalism

Wilderness boundary

Even if the test drilling returns favorable results for a reservoir project, there is another obstacle that Homestake Partners will have to clear if they want to move forward with two iterations of the project: a wilderness-boundary change, which would require an act of Congress and the president’s signature.

The Whitney Reservoir alternatives range from 6,850 to 20,000 acre-feet and in some configurations would require federal legislation, which the cities are working to draft, requesting a boundary adjustment for the nearby Holy Cross Wilderness Area. The largest Whitney proposal would require an 80-acre adjustment, while an alternative location, lower down Homestake Creek, would require a 497-acre adjustment.

White River National Forest Supervisor Scott Fitzwilliams discounts the notion that his agency should reject outright the test-drilling application, as some environmental groups have suggested, until the wilderness-boundary issue is determined. Although some local and state lawmakers have said they are against shifting a wilderness boundary, Fitzwilliams said it’s still too soon for him to take up the wilderness issue.

“These are test holes,” Fitzwilliams said of the drilling, which is intended to see whether the substrata are solid enough for a dam and reservoir. “Going to get a (wilderness) boundary change is not a small deal for them, so why would you do it if you find fatal flaws? That’s a red herring.

“I understand it; nobody wants to see a dam in the Homestake drainage. I get that. But it just seems prudent to do (the drilling) to see if there’s any reason to go further.”

Aspen Journalism is collaborating with the Vail Daily and other Swift Communications newspapers on coverage of water and rivers. This story was published online by Vail Daily on July 9, 2020 and in its print edition on July 10. The early online version of the story was edited to clarify aspects of the Eagle River MOU.

Hundreds of comments submitted over Holy Cross Wilderness water export proposal — @WaterEdCO

A map prepared by Aurora Water that shows a potential 500-acre adjustment to the Holy Cross Wilderness boundary near the potential Whitney Reservoir on lower Homestake Creek. The map as current as of July 16, 2019.

From Water Education Colorado (Jerd Smith):

Forty years after the Holy Cross Wilderness Area was created, an early effort to explore tapping its water supplies has generated more than 500 comments to the U.S. Forest Service.

Aurora and Colorado Springs, which own and operate the only reservoir in the area, Homestake I, hope to demonstrate that they can divert more water and build another reservoir to serve Front Range and West Slope interests without damaging the delicate wetlands and streams in the mountain forests there.

But first, they are asking the Forest Service for a special use permit to survey the area and to bore several test holes to determine soil conditions and areas best suited to build the proposed Whitney Reservoir. The public comment period closed June 30, although the Forest Service said it will continue to accept comments.

If a reservoir were to be built, it would also require that the 122,000-acre-plus wilderness area shrink by 500 acres, an action that will require congressional approval.

Significant opposition to the permit request is already building, with the Holy Cross Wilderness Defense Fund threatening legal action to stop the surveying and drilling of test holes into soils, according to comments submitted to the Forest Service.

Also opposing the process, among others, is Colorado state Sen. Kerry Donovan, who represents several West Slope counties. “Our wilderness areas are afforded the highest levels of protection and to begin action that disturbs them today begins a process of destroying them forever,” she said. [Editor’s note: Donovan is on the Board of Trustees of Water Education Colorado, which sponsors Fresh Water News].

In addition, she wrote, “With drought conditions becoming the new normal…it is imperative we protect high altitude water resources and keep each drop in the basin it was born in.”

The Eagle River is a tributary to the drought-stressed Colorado River, whose flows have already begun a serious decline.

Eagle River Basin

Jerry Mallet is president of Colorado Headwaters, an environmental advocacy group. The fight to stop the proposal, he said, “will be as big as the Two Forks fight was several years ago,” referring to the successful effort to stop Two Forks Reservoir from being built on the South Platte River in 1990.

Aurora and Colorado Springs point to their legal obligations to develop a project that serves multiple interests, and which also protects the environment, while ensuring their citizens have access to water in the future.

“The studies…will provide the factual data necessary to identify and evaluate feasible reservoir alternatives to provide critical water supplies for human and environmental purposes,” said Colorado Springs spokesperson Natalie Eckhart. “We recognize the necessity to partner with other agencies throughout this process and are committed to working collaboratively with other communities and agencies to best manage our shared water resources.”

The proposal comes under a 1998 agreement known as the Eagle River Memorandum of Understanding, which allows the reservoir proponents to develop enough water to serve environmental, municipal and industrial interests. Aurora and Colorado Springs hope to develop 33,000 acre-feet of water, an amount roughly equal to that used annually by 66,000 homes.

Under the proposal, Aurora and Colorado Springs would receive 20,000 acre-feet, West Slope interests would receive 10,000 acre-feet, and 3,000 acre-feet would be set aside for the Climax Molybdenum Company.

Parties to the 1998 agreement include Aurora, Colorado Springs, the Colorado River District, the Eagle River Water and Sanitation District, the Upper Eagle River Water and Sanitation District, as well as Vail Associates.

Diane Johnson, spokesperson for the two Eagle River districts, said the agencies haven’t yet taken a position on the proposal, citing the need for the analysis required for the special use permit as well as any actual construction of a reservoir to be completed.

Located west of Vail between Minturn and Leadville, the Holy Cross Wilderness Area was the subject of a significant battle in the 1980s when Aurora and Colorado Springs sought to build a second major reservoir there known as Homestake II.

After opponents successfully took their case all the way to the U.S. Supreme Court, Homestake II was defeated in 1994.

In exchange, however, the cities were granted permission to develop a smaller amount of water in the future in partnership with Western Slope interests, resulting in the project that is now being proposed to the Forest Service.

To submit your comments or to get more information about the survey and drilling proposal, visit this U.S. Forest Service’s web page.

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.

A wetland area along Homestake Creek in an area that would be flooded by a potential Whitney Reservoir. The cities of Aurora and Colorado Springs are looking to develop additional water in Eagle County and divert it to the Front Range. Photo credit: Brent Gardner-Smith/Aspen Journalism

Growing thirst from Front Range cities threatens Holy Cross Wilderness — The Vail Daily #ColoradoRiver #COriver #aridification

A wetland area along Homestake Creek in an area that would be flooded by a potential Whitney Reservoir. The cities of Aurora and Colorado Springs are looking to develop additional water in Eagle County and divert it to the Front Range. Photo credit: Brent Gardner-Smith/Aspen Journalism

From The Vail Daily (John LaConte):

The public’s chance to comment ends Tuesday in the U.S. Forest Service’s consideration of a permit that would allow the first action in a process which could create a new reservoir in the Homestake Valley near Red Cliff.

The special use permit would allow the cities of Aurora and Colorado Springs to build roads and drill holes in an area of the White River National Forest which is near the Holy Cross Wilderness, 6 miles southwest of Red Cliff.

Ultimately, if constructed, a 20,000-acre-foot reservoir would flood a corner of the wilderness area and would also relocate Homestake Road, requiring the removal of 500 acres from the Holy Cross Wilderness area.

But at this time, the Forest Service is only seeking comments on the impacts of the drilling, not the dam. The drilling would give crews information about the feasibility of dam sites, but the drilling in itself would have impacts to the forest as 8-foot-by-22-foot drill rigs could cross wetlands and cut down trees in the path to their drilling destination, where holes of 150 feet would be dug…

In soliciting comments in June, “we are focusing solely on the potential impacts from this preliminary geophysical work,” said Marcia Gilles, acting Eagle-Holy Cross district ranger. “Any further proposals that might be submitted after this information is collected would be evaluated separately.”

[…]

“They’re calling this the Whitney Project; I’m calling it Homestake III,” said Mike Browning, a former water attorney in Colorado who is now the chair of the Eagle Summit Wilderness Alliance.

The “Homestake III” handle is in reference to the project known as Homestake II, in the early 1980s, which bears a strong resemblance to the Whitney Creek effort. The Homestake II project also sought to build another reservoir beneath the existing Homestake Reservoir, which was constructed in 1964. The Homestake II idea was eliminated in large part to Hern’s efforts.

“(Hern) was really the spokesperson and really the leader of that movement in the 1980s,” Browning said. “The Holy Cross Wilderness Defense Fund was marshaling the local comments and local opposition.”

In his Sunday letter to the Forest Service, Hern said the Holy Cross Wilderness Defense Fund, which he co-founded In 1982, has not changed its stance on the project.

“The people of Colorado love this wilderness and have supported our efforts for over forty years to establish it and preserve it,” Hern wrote. “You should not underestimate the intensity of these feelings and the attitudes of the public in this matter.”

[…]

ERO Resources Corporation and RJH Consultants, Inc., which prepared the technical report for the special use permit application, referenced the memorandum of understanding in its report.

“The objective of this study is to evaluate opportunities to construct reservoir storage to develop a portion of the yield contemplated in the (memorandum of understanding),” according to the report, which was published in November. “Specifically, the subsurface explorations described below would provide valuable information regarding the suitability of the area for reservoir development. The cities are currently considering and evaluating multiple reservoir sizes with potential storage capacities between 6,850 and 20,000 acre-feet.”

#Drought task force activates, Colorado Springs Utilities looks to reservoirs — The #ColoradoSprings Independent #ColoradoRiver #COriver #aridification

US Drought Monitor June 23, 2020.

From The Colorado Springs Independent (Pam Zubeck):

As drought conditions deepen, Colorado Governor Jared Polis on June 23 sought activation of the state’s Drought Task Force and Phase 2 of the State Drought Mitigation and Response Plan.

The governor’s office said in a release the drought spans 81 percent of the state, with severe and extreme conditions affecting a third of the state, including El Paso County.

Colorado’s Drought Task Force includes officials with the departments of Agriculture, Natural Resources, Local Affairs and Public Safety, and the Colorado Water Conservation Board. The second phase of the plan means the task force will assess initial damages and impacts of drought in areas experiencing severe or extreme drought and recommend mitigation measures. In addition, the Agricultural Impact Task Force is activated to make an assessment on physical and economic impacts.

Meantime, there doesn’t appear to be any plan to further restrict water use in Colorado Springs where customers have been under restrictions since May to water their lawns no more than three times a week…

Colorado Springs currently has more than two years’ worth of water in storage, which is good news for gardeners, because more severe water restrictions wouldn’t be triggered until the amount in storage falls to a 1.5-year supply, [Pat] Wells says.

View from the Pitkin County end of Homestake Reservoir. Photo: Brent Gardner-Smith/Aspen Journalism

Utilities recently completed land acquisition for the 30,000-acre-foot Gary Bostrom Reservoir, the second phase of SDS, which is planned for construction near Bradley Road southeast of the city in the next decade. Another project, called the Eagle River project in the mountains, will create another reservoir, hopefully by 2040 to 2050, Wells says…

Some years, snowpack fills reservoirs to the brim and rainfall reduces demand, but not every year.

“What we’re seeing is a lot more variability in the swings,” Wells says, noting that water managers study tree rings, climate change models and other data to try to predict what lies ahead.

“While our demand has flattened and we’re serving more customers with the same amount of water,” he says, “our supplies are becoming more variable.”

As Wells quips, quoting baseball legend Yogi Berra, “The future ain’t what it used to be.”

Take the Colorado River, which provides water to multiple states and Mexico. It’s been in drought conditions for 20 years and provides 60 to 70 percent of Colorado Springs Utilities’ supply.

Climate change is causing the Southwest aridify. (Left) Since the 1930s, increasing temperatures have caused the percentage of precipitation going to evapotranspiration (ET) to increase at the expense of precipitation going to Colorado River flow, resulting in an unprecedented and still ongoing megadrought (shading) starting in 1999 (8). (Right) Higher temperatures have already reduced Colorado River flow by 13%, and projected additional warming, assuming continued high emissions of greenhouse gases, will increase ET while reducing river flow even more through the 21st century. Data on Left are 20-y running means from ref. 5, and data on Right are calculated from Representative Concentration Pathways (RCP) 8.5 multimodel Coupled Model Intercomparison Project–Phase 5 (CMIP5) ensemble temperature increases projected for the Upper Colorado River Basin combined with temperature sensitivity of −9.3%/°C estimated by ref. 5, assuming no change in precipitation. Graphic credit: Jonathan Overpeck/Brad Udall

“We are going to reach a point, as demand continues to grow in the West and supplies become uncertain, we’re going to have to use water more efficiently and cut back some of our demand on the Colorado River,” he says.

At present, Utilities is capable of delivering 95,000 acre feet of water on demand, but that demand is forecast to rise to 136,000 acre feet in the decades to come.

That’s why Utilities is pursuing a multi-pronged approach to expanding its water supply.

“With a growing population, we have to bring in more supplies,” Wells says. “Our storage needs grow as our cities grow.”

Besides storage, Utilities wants to work more deals with agricultural users like it did in the Arkansas Valley in 2018. Another strategy might be to expand the number of non-potable systems used for irrigation. But ultimately, Utilities, like other water providers in the West, likely will be confronted with re-treating and recycling water back into its domestic delivery system.

“In the next 30 to 50 years it may become more technically feasible to do direct potable reuse,” he says, noting that the Colorado Water Conservation Board has approved a grant for a Utilities reuse demonstration project in partnership with Aurora, Denver and Colorado School of Mines.

From The Associated Press via The Aurora Sentinel:

Polis’ order follows dwindling mountain snowpack, a warmer-than-average spring and far less precipitation than normal, Colorado Politics reported Wednesday. It also comes as the U.S. Drought Monitor reported this week that extreme drought expanded in northern New Mexico and eastern Colorado.

The order also activates an state agricultural task force to determine the drought’s potential crop and cattle damage impact and the possible economic fallout for the state’s $8 billion farming industry.

Abnormally dry conditions affect mountain and plains regions and roughly 80% of the state’s landmass is in some form of drought.

Winter snowfall was low in most of Colorado and May precipitation was less than half of normal, according to the Natural Resources Conservation Service, a branch of the U.S. Department of Agriculture.

Reservoir levels are dwindling in southern and southwestern Colorado, including the agricultural San Luis Valley and the Gunnison River Basin, the service said.

Becky Bolinger, a climatologist at Colorado State University’s Colorado Climate Center, said high winds, low humidity, high temperatures and lack of precipitation have produced a “flash drought” situation with higher than normal water evaporation in much of the state that particularly affects agriculture.

The summer promises higher temperatures and low rainfall and the summer monsoons that deliver rain from the southwest won’t make up for current conditions, Bolinger said.

Here’s the release from the Colorado Department of Agriculture (Sara Leonard):

Governor Jared Polis requested activation of Colorado’s Drought Task Force and Phase 2 of the State Drought Mitigation and Response Plan this week as drought conditions deepen, reaching more than 81% of the state, with severe and extreme drought conditions in 33% of the state (40 counties).

Colorado’s Drought Task Force – which includes leadership from the Departments of Agriculture, Natural Resources, Local Affairs, Public Safety, and the Colorado Water Conservation Board – determined the need to activate Phase 2 of the Drought Plan on June 18 after a third of the state reached extreme drought conditions. “Phase 2” indicates officially directing the Drought Task Force to assess initial damages and impacts of drought in areas experiencing severe or extreme drought and to recommend mitigation measures. This Phase also activates the Agricultural Impact Task Force, which will conduct an initial assessment on physical and economic impacts and recommend opportunities for incident mitigation.

Counties impacted by abnormally dry (D0) and moderate (D1) drought will continue to be closely monitored. The 40 counties currently experiencing severe (D2) and extreme (D3) drought include: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, El Paso, Elbert, Fremont, Garfield, Gunnison, Hinsdale, Huerfano, Kiowa, Kit Carson, La Plata, Las Animas, Lincoln, Mesa, Mineral, Montezuma, Montrose, Otero, Ouray, Pitkin, Prowers, Pueblo, Rio Grande, Saguache, San Miguel, San Juan, Washington, and Yuma.

To stay informed on Colorado drought issues, sign up for the State’s Drought Updates or visit the Colorado Water Conservation Board website.

From The Sterling Journal Advocate (Jeff Rice):

The extreme northern tier of counties, including Logan County, has so far been spared from the ongoing drought. South Platte Basin reservoir levels are at 89 percent of capacity basin-wide, down a percentage point from the same time last year. In the lower reaches, irrigation reservoirs are between 76 percent of capacity at Empire and 97 percent capacity at North Sterling, again each a few percentage points down from a year ago.

West Drought Monitor June 23, 2020.

USFS solicits comments on proposed #Aurora dam near Holy Cross — The Aurora Sentinel

A wetland area along Homestake Creek in an area that would be flooded by a potential Whitney Reservoir. The cities of Aurora and Colorado Springs are looking to develop additional water in Eagle County and divert it to the Front Range. Photo credit: Brent Gardner-Smith/Aspen Journalism

From The Aurora Sentinel (Grand Stringer):

The White River National Forest opened a public comment period last week concerning the next phase of a would-be reservoir project dubbed the Whitney Reservoir. Water authorities in Colorado Springs and Aurora plan to divert water near the Vail Valley — normally destined for the Colorado River — to the Front Range by way of pumps and tunnels.

Greg Baker, Aurora Water’s manager of public relations, said in November the Whitney Reservoir could eventually hold between 9,000 acre-feet and 19,000 acre-feet of water.

For comparison, Cherry Creek Reservoir stores more than 134,000 acre-feet.

Aurora Water and its southern counterpart, Colorado Springs Utilities, applied for a Special Use Permit to do so. Geologists would conduct ground-level seismic analyses of the ground below and also drill up to 150 feet below the surface. Currently, the operation proposes ten drilling sites.

The water could help Aurora meet the needs of a rapidly-expanding city while capturing water rights Aurora already holds, Baker said. He estimated the reservoir could be completed in 25 years if key steps were met, including a geological analysis.

The Whitney Reservoir project drew early attention from Colorado River conservationists and a fishing association concerned for the health of local fish habitats and the river system. Prolonged drought and existing diversions have already diminished Colorado River flows in recent decades.

The project could also impact pristine wetland ecosystems and would also require cutting near 500 acres from the Holy Cross Wilderness.

Members of the public can find more information about the project on the U.S. Forest Service website. Comments can be made any time but will be “most helpful” if submitted before June 30, 2020, the Forest Service said in an information release…

To comment on the project, or propose a different course of action, submit a comment online at https://cara.ecosystem-management.org/Public/CommentInput?Project=58221.

Vail looks to pass a tougher stream protection ordinance — The Vail Daily

Gore Creek is healthy as it emerges from the Eagles Nest Wilderness Area, but has problems soon after, via The Mountain Town News. All photos by Jack Affleck.

From The Vail Daily (Scott Miller):

Town officials say private property owners are needed to see more improvements in Gore Creek water quality

The Vail Town Council on Tuesday told staff to draft a stream protection ordinance that would apply to private property in town. The creek in 2013 landed on a state list of “impaired waterways,” along with many other mountain towns. The town, the Eagle River Water and Sanitation District and other organizations have been working since then to improve water quality in the creek.

Much of that work starts with cleaning up what runs into the creek, including runoff from paved areas, pesticides and other pollutants.

In an April 7 presentation, town watershed education coordinator Pete Wadden reminded council members that after a few years of improvement, the creek’s scores regarding macroinvertebrate populations — the bottom of the creek’s food chain — dipped in 2018. Most of that was due to a change in the way those populations are counted, but those are the figures used by state officials.

Wadden noted that the town has made “huge progress” on its own property along the stream, but not as much on private property.

Wadden said the ordinance the staff is recommending includes a two-tiered setback, with more stringent rules closer to the stream.

Wadden added that the ordinance could restrict pesticide use in town, but the Colorado Legislature will have to pass a law that allows towns to pass those regulations.

How Colorado’s water conversation has shifted in the 21st century — The Mountain Town News

Xeriscape landscape

From The Mountain Town News (Allen Best):

Water providers have shifted their focus

The Colorado Water Conservation Board, the primary water-policy agency for the state, met last week in Westminster, and afterward I had dinner with a friend. The friend, who has long worked in the environmental advocacy space, spoke of some matter before the board, and added this: “Twenty years ago this conversation never would have happened.”

Water politics in Colorado have undergone a Big Pivot. As the century turned, environmental issues had made inroads into the conversation, but water development remained a dominant theme. Then came the drought of 2002, which more or less changed everything. So has the growing realization of how the changing climate will impact the already over-extended resources of the Colorado River.

Instead of a deep, deep bucket, to be returned to again and again, the Colorado River has become more or less an empty bucket.

Jeff Tejral. Photo via The Mountain Town News

Those realizations were evident in a panel discussion at the Colorado Water Congress about water conservation and efficiency. Jeff Tejral, representing Denver Water, spoke to the “changes over the last 20 years” that have caused Denver Water and other water utilities to embrace new water-saving technology and altered choices about outdoor water use.

Denver Water literally invented the word xeriscaping. That was before the big, big drought or the understandings of climate change as a big, big deal. Twenty years ago, the Colorado Water Congress would never have hosted panels on climate change. This year it had several.

Tejral pointed to the growth in Denver, the skyscrapers now omnipresent in yet another boom cycle, one that has lifted the city’s population over 700,000 and which will likely soon move the metropolitan area’s population above 3 million. That growth argues for continued attention to water efficiency and conservation, as Denver—a key provider for many of its suburbs—has limited opportunities for development of new supplies. “The other part of it is climate change,” he said. “That means water change.”

Denver Water has partnered with a company called Greyter Water Systems on a pilot project involving 40 homes at Stapleton likely to begin in June or July. It involves new plumbing but also water reuse, not for potable purposes but for non-potable purposes. John Bell, a co-founder of the company, who was also on the panel, explained that his company’s technology allows water to be treated within the house and put to appropriate uses there at minimal cost.

“It makes no sense to flush a toilet with perfectly good drinking water, and now with Greyter, you don’t have to,” he said.

For decades Denver has had a reuse program. Sewage water treated to high standards is applied to golf courses and other landscaping purposes. Because of the requirements for separate pipes—always purple, to indicate the water is not good for drinking—its use is somewhat limited.

A proposal has been moving though the Colorado Department of Public Health rule-making process for several years now that would expand use of greywater and set requirements for direct potable reuse. The pilot project at Stapleton would appear to be part of that slow-moving process.

Greyter Water Systems, meanwhile, has been forging partnerships with homebuilders, the U.S. Department of Defense, and others in several small projects.

“It seems like 40 homes in Colorado is a small step,” said Tejral, “but a lot of learning will come out of that, which will open the door for the next 400, and then the next 4,000.”

Colorado transmountain diversions via the State Engineer’s office

There are limits to this, however, as water cannot be recycled unless it’s imported into a basin. Water users downstream depend upon releases of water from upstream. Water in the South Platte River Basin is estimated to have 6 or 7 uses before it gets to Nebraska.

In the Eagle River Valley, the streams gush with runoff from the Gore and Sawatch ranges, but there can be pinches during years of drought. That area, said Linn Brooks, who directs the Eagle River Water and Sanitation Districts, has a population of between 35,000 and 60,000 between Vail and Wolcott, “depending where we are during our tourist year.”

Water efficiency programs can make a big difference in what flows in the local creeks and rivers. Brooks pointed to 2018, a year of exceptionally low snowfall. New technologies and policies that put tools into the hands of customers reduced water use 30% during a one-month pinch, resulting in 8 cubic feet per second more water flowing in local creeks and rivers. During that time, Gore Creek was running 16 cfs through Vail. It flows into the Eagle River, which was running 25 cfs. “So saving 8 cfs was really significant,” she said.

Many of Eagle Valley’s efficiency programs focus on outdoor water use. That is because the water delivery for summer outdoor use drives the most capacity investment and delivery expenses. “Really, that is the most expensive water that we provide,” Brooks said.

Tap fees and monthly billings have been adjusted to reflect those costs. One concept embraced by Eagle River Water and Sanitation is called water budgeting. “Our hope is that water budgeting will continue to increase the downward trend of water use per customer that we’ve had for the last 20 years for at least another 10 years,” she said.

Linn Brooks. Photo via The Mountain Town News

Eagle River also has tried to incentivize good design. The district negotiates with real estate developers based on the water treatment capacity their projects will require. “That is a way to get them to build more water-efficient projects, especially on the outdoors side,” explained Brooks. “When we execute these agreements, we put water limits on them. If they go over that, we charge them more for their tap fee. That can be a pretty big cost. We don’t like to do that, but we have found that in those few cases where new developments go over their water limits, we have gone back to them and said, we might have to reassess the water tap fees, but what we really want you to do is stay within your water budget.” That tactic, she added, has usually worked.

In this concept of water budgeting, she said, “I don’t think we have even begun to scrape the surface of the potential.”

Outdoor water use has also been a focal point of efforts by Northern Colorado Water Conservancy District, the agency created to deliver water to customers from the trans-mountain diversion at Grand Lake. Municipalities from Broomfield and Boulder north to Fort Collins and Greeley, even Fort Morgan, get water from the diversion.

Frank Kinder was recently hired away from Colorado Springs Utilities to become the full-time water efficiency point person for Northern. Part of the agency’s effort is to introduce the idea that wall to wall turf need not be installed for a pleasing landscape. Instead, Northern pushes the idea of hybrid landscapes and also introduces alternatives for tricky areas that are hard to irrigate. The ultimate goal falls under the heading of “smiles per gallon.” Some of the district’s thinking can be seen in the xeriscaping displays at Northern’s office complex in Berthoud.

Kevin Reidy, who directs water conservation efforts for the Colorado Water Conservation Board, said the Colorado Water Plan posited a goal of reducing water use by 400,000 acre-feet. Don’t get caught up in that precise number, he advised. “It’s really about trying to figure out a more stable water future for our cities,” he said.

Readers might well be confused by an agency named “water conservation” having an employee with the title of “water conservation specialist.” The story here seems to be that the word conservation has changed over time. In 1937, when the agency was created, water conservation to most people meant creating dams and other infrastructure to prevent the water from flowing downhill. Now, conservation means doing as much or more with less.

On why Eagle River Water takes aim at outdoor use

The amount of water used outdoors is generally twice that used for indoor purposes, and only about 15% to 40% of water used outdoors makes its way back to local waterways.

None of this water is returned to local streams through a wastewater plant. Most of the water is consumed by plant needs or evaporation; what is leftover percolates through the ground and may eventually make its way to a local stream.

— From the Eagle River Water website

This was originally published in the Feb. 18, 2020, issue of Big Pivots.

Eagle River Watershed Council’s Water Quality Monitoring and Assessment Program update

Streets and other artificial impervious areas result in rapid runoff of pollutants into the creek. Photo via The Mountain Town News and Jack Affleck.

From The Vail Daily (James Dilzell):

Eagle River Watershed Council’s Water Quality Monitoring and Assessment Program provides the foundation for this [Water Quality Report Card]. This collaborative effort collects data at nine fixed sites along the Eagle River and its tributaries. WQMAP allows our community to see threats as they emerge, monitor changes to river health and make guided decisions on priority areas to protect and preserve.

Collected data is compared to state standards set by the Colorado Department of Public Health and Environment and the Water Quality Control Commission. This allows for an understanding of current river health and highlights areas of success as well as areas of needed improvement.

Bill Hoblitzell with Lotic Hydrologic, which coordinates WQMAP for the Watershed Council, shared the findings and explained the importance of this program for the community. It is critical that decisions regarding our watershed are backed by science…

The 2019 Water Quality Report Card has outlined three major challenges to the watershed: Urban runoff and degradation of aquatic life, highway impacts to Black Gore Creek from traction sand, and water chemistry impacts from the Eagle Mine Superfund Site.

Land development poses a threat due to increased impervious surfaces, such as roads and roofs, that water cannot pass through. We might think of our community as a small and rural place, but Hoblitzell points out that “development densities and impervious surfaces in near-stream areas of Vail, Avon, and Edwards currently resemble much larger cities.” These developed surfaces allow contaminated water to rush into the river during rainstorms or spring snowmelt. Polluted water flowing into streams impacts sensitive insects that fish depend on for food.

Traction sand is a necessary part of winter, as it helps keep us safe and in control when traveling over Vail Pass. However, there are negative effects felt in Black Gore Creek due to the buildup of this sediment. It reaches the channel by way of runoff or snow thrown from plows.

Eagle Mine

A constant challenge to the Eagle River is the Eagle Mine Superfund Site. While the river has experienced improvement since cleanup efforts began, metal concentrations regularly increase during spring runoff and impact fish. Local stakeholders continue to work with the Environmental Protection Agency and the state on this cleanup effort.

None of these issues are new or unknown, but their identification as key challenges in the 2019 Report Card supports continued efforts to address them…

Review the full, interactive report and list of partners at http://erwc.org/research.

James Dilzell is the Education & Outreach Coordinator for Eagle River Watershed Council. The Watershed Council has a mission to advocate for the health and conservation of the Upper Colorado and Eagle River basins through research, education, and projects. Contact the Watershed Council at (970) 827-5406 or visit http://erwc.org.

Eagle River Basin

The latest “The Current” newsletter is hot off the presses from the #EagleRiver Watershed Council

Photo credit: Eagle River Watershed Council

Click here to read the newsletter. Here’s an excerpt:

Cloud Seeding Discussion with Colorado River District

A big thank you to our presenters, Dave Kanzer with the Colorado River District and Eric Hjermstad with Western Weather Consultants for a great community discussion. We had about 50 folks join us at Loaded Joe’s to learn about the weather modification tool being implemented locally.

Missed it? You can watch a recorded version here thanks to High Five Access Media and the underwriting of Eagle River Water & Sanitation District!

Cloud-seeding graphic via Science Matters

River diversion will eliminate portaging — The Leadville Herald

A river project, partially funded by the CWCB on the Arkansas River at Granite. The project was removing a river-wide diversion structure and replacing it with a new diversion structure that will allow unimpeded boating through Granite. Photo credit: Brent Gardner-Smith/Aspen Journalism

From The Chaffee County Times (Max R. Smith) via The Leadville Herald:

In the mid-1960s, a partnership between the cities of Colorado Springs and Aurora installed a diversion dam in the Arkansas River south of Granite near Clear Creek Reservoir as part of a pipeline system bringing water from the western slope of the Continental Divide to the Front Range.

The presence of the diversion dam caused that portion of the river to be non-navigable, requiring portaging of one’s raft or kayak.

By the end of this year, however, Colorado Springs Utilities is on schedule to complete a three-year project to build a new river diversion that will allow boaters to float right through, meaning that the 2020 rafting season will be the first in over 50 years in which the entirety of the Arkansas can be travelled without portage.

“We’ll see how the snow treats us over the next couple weeks, but we’re really down to some final boulder work in the river and general site cleanup at this point,” said CSU project manager Brian McCormick.

The intake that pumped water out of the Arkansas (which, legally speaking, comes from the Eagle River Basin as part of the Homestake Project), destined for Aurora and Colorado Springs, “as with anything in the river for 50-plus years, it took some wear and tear,” McCormick said. “By about the mid-2000s, the cities recognized we needed to rehabilitate this structure to keep it as a reliable facility and ensure safety of the river users.”

Construction on the new $9.1 million diversion project began in 2016 after a number of years of planning, budgeting, and engineering. Support for the project included $1.2 million in grant funding from the Arkansas Headwaters Recreation Area, Colorado Parks and Wildlife and the Colorado Water Conservation Board…

Significant to water consumers in Colorado Springs and Aurora, the project utilizes a new intake and piping structure to send water to the Otero pump station, he said.

Significant to boaters is a chute constructed of boulders and mortar with six two-foot drops that will allow them to pass the intake facility without exiting the river. McCormick said that CSU put the call out to members of Colorado’s river recreation community to participate in a trial run down the chute in November, testing the Arkansas’s newest whitewater feature…

Significant to the scaled, Omega-3 rich denizens of the Arkansas who swim upstream to spawn every year, the new diversion also features a fish ladder: a sequence of weirs and pools that give brown and rainbow trout a route to move up the river to their spawning grounds.

Efforts to relocate an ancient wetland could help determine the fate of a water project on Lower Homestake Creek — @AspenJournalism

A wetland area along Homestake Creek in an area that would be flooded by a potential Whitney Reservoir. The cities of Aurora and Colorado Springs are looking to develop additional water in Eagle County and divert it to the Front Range. Photo credit: Brent Gardner-Smith/Aspen Journalism

From Aspen Journalism (Sarah Tory):

One morning last month, Brad Johnson arrived at a patch of rippling yellow grasses alongside U.S. 24, a few miles south of Leadville in the upper Arkansas River valley. Sandwiched among a cluster of abandoned ranch buildings, a string of power lines and a small pond, it is an unassuming place — except, of course, for its views of 14,000-foot peaks rising across the valley.

But appearances can be deceiving. The rather ordinary-looking property was a fen, which is a groundwater-fed wetland filled with organic “peat” soils that began forming during the last ice age and that give fens their springy feel.

“It’s like walking on a sponge,” Johnson said, marching across the marshy ground, stopping every now and then to point out a rare sedge or grass species.

Johnson was visiting the fen to record groundwater measurements before winter sets in. As the lead scientist for the Rocky Mountain Fen Research Project, Johnson is part of an effort spearheaded and paid for by Aurora Water and the Board of Water Works of Pueblo to study new ways to restore fens.

The research could help facilitate future water development in Colorado, such as the potential Whitney Reservoir project, part of a 20-year water-development plan from Aurora Water and Colorado Springs Utilities for the upper Eagle River watershed. The utilities, working together as Homestake Partners, are looking at building the reservoir in the Homestake Creek valley, south of Minturn, in an area that probably contains fens, which could hinder the project.

Aurora and Colorado Springs are working together on the reservoir project, and Aurora and Pueblo are funding the fens research. Although the Whitney project is not directly tied to the fen project, if the research efforts are successful, they could help Aurora and Colorado Springs secure a permit approval for the reservoir — and maybe alter the fate of an ecosystem.

Brad Johnson, a wetland ecologist for the Rocky Mountain Fen Research Project, takes groundwater measurements at the research site near Leadville, while his dogs, Katie and Hayden watch. The cities of Aurora and Colorado Springs are looking to develop additional water in Eagle County and divert it to the Front Range. Photo credit: Sarah Tory/Aspen Journalism

Irreplaceable resources

If you’ve walked through Colorado’s high country, chances are you’ve walked by a fen, which are among the state’s most biodiverse and fragile environments. To protect fens, the U.S. Fish and Wildlife Service and the Environmental Protection Agency drafted a “fen policy” in 1996. The policy, amended in 1999, determined that fens are irreplaceable resources because their soils take so long to regenerate. “On-site or in-kind replacement of peatlands is not possible,” the policy reads.

Inside the Fish and Wildlife Service, however, a different interpretation emerged. “Irreplaceable” became “unmitigable,” making it difficult or impossible to secure approval for any project that would severely impact fens.

Although Johnson is in favor of fen conservation, the Fish and Wildlife Service’s “unmitigable” interpretation bothered him. Not only was that status not supported by the fen policy itself, he believes saying “no” all the time is not in the best interest of fens.

“My fear is that if we don’t have the means of mitigating our impacts, we’ll just impact them,” he said.

Eventually, Johnson believes, conservationists will have to make some concessions to development. But by researching better mitigation techniques, he hopes he can help preserve fens in the long run.

Fen soils are made of a rich, organic peat material that take thousands of years to form and require a constant groundwater source to survive. At the Rocky Mountain Fen Research Project, scientists transplanted fen soils from another site to the “receiver” site south of Leadville where they restored a groundwater spring to sustain the transplanted soils. Photo credit: Sarah Tory/Aspen Journalism

An organ transplant

For water utilities, fens have been particularly troublesome. Fens like to form in high-alpine valleys, the places best suited for dams and water reservoirs that take water from rivers mostly on the Western Slope and pump it over the mountains to supply the Front Range’s growing population.

But the fen policy has stymied many of the utilities’ plans to develop new water projects. Those defeats helped spur Front Range utilities to start researching new mitigation strategies that would help them comply with environmental regulations — and get around the fen policy.

“They wanted to figure out how to do this right so they could actually permit their projects,” Johnson said.

Through the fen-research project, Aurora and Pueblo saw an opportunity to address the fen policy’s requirement that a project offset unavoidable impacts to a fen by restoring an equivalent amount of fen elsewhere.

Since the fen project began 16 years ago, Aurora and Pueblo have invested $300,000 and $81,500 in the research, respectively. More recently, other funders have joined the effort, including Denver Water, Colorado Springs Utilities at about $10,000 each and the Colorado Water Conservation Board ($100,000).

After a number of fits and starts, Johnson three years ago settled on a design for the research that would test whether it’s ecologically possible to transplant fen soils from one location to another. First, Johnson restored the original groundwater spring at the old Hayden Ranch property. Then, he and a team of helpers removed blocks of soil from another degraded fen site and reassembled them, like an organ transplant, at the “receiver” site, where the restored spring now flows through veinlike cobble bars and sandbars, feeding the transplanted fen.

Brad Johnson, the lead scientist for the Rocky Mountain Fen Research Project, at the project site in the Upper Arkansas River Valley. Launched by two Front Range water utilities in 2003, the project is studying a new way to mitigate potential impacts to fens, an ecologically rich and fragile wetland found throughout Colorados’ high country. Photo credit: Sarah Tory/Aspen Journalism

Positive signs

It’s still too early to know whether the project could eventually serve as a fen-mitigation strategy for a new reservoir, but Johnson is optimistic about the results thus far. In 2017, after just one growing season, he was shocked to discover 67 different plant species growing at the transplanted fen site — compared with just 10 at the donor site. He was thrilled by the news. The data showed that the transplanted fen ecosystem is thriving.

That’s good news for utilities such as Aurora, too.

A week after Johnson visited the Rocky Mountain Fen Project site, Kathy Kitzmann gave a tour of the wetland-filled valley formed by Homestake Creek where Aurora and Colorado Springs are planning to build Whitney Reservoir.

Kitzmann, a water resources principal for Aurora Water, drove down the bumpy, snow-covered road that winds along the valley bottom, pointing to the two creeks that would — along with Homestake Creek and the Eagle River, near Camp Hale — help fill the reservoir. A pump station would send the water upvalley to the existing Homestake Reservoir and then through another series of tunnels to the Front Range.

In the lower part of the valley, Kitzmann stopped at the first of four potential reservoir sites — ranging in size from 6,000 acre-feet to 20,000 acre-feet — that the utilities have identified for the project and the wetlands it would inundate.

“You can sort of see why it wouldn’t be the best, just given the vastness of the wetlands,” Kitzmann said.

Farther along, the valley becomes more canyonlike, with higher rocky walls and fewer wetlands — probably offering a better reservoir site, said Kitzmann, although the permitting agencies won’t know for sure until they complete their initial feasibility studies.

In June, Aurora and Colorado Springs submitted a permit application to the U.S. Forest Service to perform exploratory drilling and other mapping and surveying work, but the agency has not yet approved the permit.

Potential fen impacts are just one of several environmental hurdles facing the project. One of the Whitney alternatives would encroach on the Holy Cross Wilderness. Aurora and Colorado Springs have proposed moving the wilderness boundary, if necessary, to accommodate the reservoir.

It’s also likely that the wetlands in the Homestake Valley contain fens, but until the utilities conduct wetland studies around the proposed reservoir sites next summer, the scope of the impacts remains uncertain.

Environmental groups including Colorado Headwaters, a nonprofit, oppose the Whitney Reservoir project, arguing that it would destroy one of the state’s most valuable wetlands, as well as an important habitat for wildlife and rare native plants.

In the meantime, Aurora is hopeful that Johnson’s research might one day help solve some of the environmental problems around new water development. “We are excited about proving that you can restore and rehabilitate fens,” Kitzmann said.

The dam in the Eagle River headwaters that forms Homestake Reservoir, which diverts water to the Front Range. If the wetlands in the Homestake Creek valley contain ancient peat bogs called fens, it could hinder the progress of the Whitney Reservoir project. Photo: Brent Gardner-Smith/Aspen Journailsm

Inevitable impacts

But is a transplanted fen as good as not touching one in the first place?

A Fish and Wildlife Service spokesperson said fens are still designated a “Resource Category 1,” which means that the appropriate type of mitigation is avoidance, or “no loss.”

White River National Forest supervisor Scott Fitzwilliams echoed the spokesperson’s statement, noting that land managers place a high emphasis on protection for fens: “It’s really hard to replace a wetland in these high elevations.”

Johnson, asked whether he was worried that his research into fen mitigation might end up facilitating the kinds of projects that are most damaging to fens. He sighed. “I’m sensitive to that,” he said.

But like it or not, Johnson believes that more impacts to fens are inevitable. As Colorado’s population grows, water utilities will have to build new reservoirs, the state will need new roads and ski resorts will want to expand.

“I can’t argue with whether they should get built,” he said. “I’m just a wetlands guy.”

Editor’s note: Aspen Journalism collaborates with the Vail Daily and other Swift Communications newspapers on coverage of water and rivers. This story appeared in the Nov. 18 print edition of the Vail Daily.

Eagle River Watershed Council: Big snow and high flows don’t tell the whole story

Eagle River Basin

From the Eagle River Watershed Council (James Dilzell) via The Vail Daily:

One hundred and 28 percent.

That’s the average snowpack the Upper Colorado River Basin saw for the 2019 winter season, which comprises the Western Slope of Colorado, eastern Utah, and parts of Wyoming, Arizona and New Mexico.

In Colorado, our local watersheds experienced snowpack at 134% of average through the season, and many late-season storms contributed to areas in the state being above 400% for the month of June. Though, we don’t need numbers to confirm what we already knew — 2019 brought a ton of snow and with that a fantastic ski season. The powder came early and stayed late, allowing for turns at Thanksgiving and on the Fourth of July.

The gift of powder last winter came in part from the El Niño-Southern Oscillation, a climate cycle connected to the Pacific Ocean. El Niño occurs when the ocean’s surface has a warm-year cycle, creating a low-pressure zone in the Pacific. This event pushes and extends the Pacific jet stream down, creating the path for amplified storms across the southern United States. That said, the winter we experienced last year wasn’t guaranteed, the El Nino-Southern Oscillation merely increased the probability.

2019’s El Niño event was paired with randomness, transporting warm, wet air from the Pacific Northwest inland to Utah and Colorado. When that arrived in the high country, it was met with near-normal cold temperatures. This combination allowed for storm after storm and precipitated into a lot of snow midseason. SNOTEL sites throughout the state showed record-setting precipitation in February and March. Overall, 2019 was the second wettest season since 1900.

One hundred and 20 percent.

That’s the peak flow of rivers in the upper basin compared to average. Here in the Eagle River Valley, we saw high flows and a late-season peak when the Eagle River reached 7,490 cubic feet per second on July 1. The second highest in recent years was in 2012 when the river peaked just above 6,000 cfs in early June. Again, we don’t need numbers to tell us about the incredible summer the river had. But what the numbers can tell us is that we are not in the clear when it comes to the water in our western rivers.

While 120% is a strong runoff, the complete story is that we are not seeing the same efficiencies in snowmelt reaching the rivers. At the Water Seminar in Grand Junction, hosted by the Colorado River District, it was repeated over and over that runoff efficiencies are far lower now than in the 1950s and 60s. This is due to the extended drying of the west, the lack of consistent precipitation to bring the soil moisture up, and the increasing average temperatures.

This winter did allow for a moisture recharge, pulling Colorado out of a 19-year drought, but we are not in the clear. Our winter was the second wettest, but June through August was the eighth-driest on record, and our summer fell into the top 10 of warmest on record.

The Winter 2019 feast after the famine was welcomed and needed, but it is a part of the increasingly unpredictable, unsteady and inconsistent hydroclimate. As climate cycles alter and average temperatures increase, we don’t know what the future of water in the West is. Uncertainty is the only thing we can count on — and it is up to us to stay ahead of the changes in our climate. Consider writing a letter to the current administration to stand up for rivers or join the Watershed Council in local planning efforts to ensure the future of water for our community.

James Dilzell is the Education & Outreach Coordinator for Eagle River Watershed Council. The Watershed Council has a mission to advocate for the health and conservation of the Upper Colorado and Eagle River basins through research, education, and projects. Contact the Watershed Council at (970) 827-5406.

Fish ladders and boat chutes part of a massive dam rebuild on the #ArkansasRiver — @ColoradoSun

Homestake Arkansas River Diversion. Photo credit: Colorado Springs Utilities

From Colorado Springs Utilities:

Project Overview / Background

The Homestake Project is a trans-mountain raw water collection, storage, and delivery system co-owned and operated by the cities of Colorado Springs and Aurora, Colo.

The Homestake Arkansas River Diversion (ARD), between Granite and Buena Vista, Colo., was constructed in 1964 as the original intake for the Otero Pump Station. Water is now primarily withdrawn from Twin Lakes, however the ARD remains an alternate point of diversion. The ARD has deteriorated and requires repair. The ARD was not originally designed as a navigable facility.

Colorado Parks and Wildlife (CPW) manages the Arkansas Headwaters Recreation Area (AHRA) which includes the site of the ARD. CPW expressed interest in partnering with Springs Utilities on a rehabilitation project to include a boat chute for downstream navigation as this location is currently considered the only non-navigable reach of the Arkansas River between Leadville and Canon City, Colo.

The Upper Arkansas River is both one of the most heavily used rivers in the United States for whitewater recreation and is a Gold Medal Trout Fishery. The river is managed to support multiple objectives including water supply and delivery and outdoor recreation.

The cities of Aurora and Colorado Springs are constructing a rehabilitation project that will replace the intake and diversion, provide a boat chute for downstream navigation, and provide upstream fish passage for spawning of brown and rainbow trout. The project also included improving river safety for recreational users and providing whitewater boat portage. User safety was an extremely important design consideration.

A physical model was constructed to test and refine hydraulic elements to optimize performance, maximize user safety and meet design guidelines for recreational whitewater for all three components: boat chute, fish passage and the new intake structure.

The $9 million construction cost of the project is being jointly funded by the cities of Aurora and Colorado Springs. $1.2 million in grants is coming from Colorado Parks and Wildlife and the Colorado Water Conservation Board through grant funding to support the Colorado Water Plan (Water Supply and Demand Gap and Environmental and Recreation Grant Programs). The Pueblo Board of Waterworks is donating the easements necessary to construct and maintain the diversion.

Here’s a report from Jason Blevins writing for The Colorado Sun:

But just below the former riverside mining camp of Granite, where a dilapidated dam built in 1964 has long blemished the Arkansas River’s beauty, rebar jutted from concrete blocks, preventing raft passage and spawning trout battled the steep wall of blasted rocks to reach upstream pools.

“Not a lot of thought went into recreation or fish when this dam was built,” said Ronald Sanchez, an engineer with Colorado Springs Utilities.

A lot of thought is going into fish and recreation now, as water managers in Colorado Springs and Aurora join the Colorado Water Conservation Board, the Pueblo Board of Water Works, Colorado Parks and Wildlife and the Arkansas Headwaters Recreation Area in rebuilding the diversion that directs water to the Front Range.

The $9.1 million project will make the entire river from Leadville to Cañon City navigable for rafts for the first time in at least 55 years.

It’s part of the vast Colorado Springs- and Aurora-owned Homestake Project that brings Eagle River Basin water from the Holy Cross Wilderness to the Arkansas River Basin, through the Homestake, Turquoise and Twin Lakes reservoirs for delivery to the Front Range cities.

The cities started construction of the Arkansas River diversion in July 2018, creating three distinct channels below a rebuilt intake that serves as a backup water diversion to the Otero Pump station downstream of Twin Lakes Dam. Before the Twin Lakes Dam was built in the late 1970s, the diversion was the original intake that collected and directed water to the Otero Pump station for delivery to Aurora and Colorado Springs.

One channel is a fish ladder for spawning brown and rainbow trout. Another channel is a spillway to accommodate flood-level flows like the ones that swelled the Arkansas River this spring. And a third is a series of six drops allowing rafts safe passage.

The project marks a new era of collaboration between the diverse interests on the Arkansas River between Leadville and Cañon City, one of the most recreated stretches of river in the U.S.

“For me the coolest thing about it is that you have these large water utilities in Colorado going above and beyond to do the right thing for the next 50 years,” said Salida-based whitewater park engineer Mike Harvey.

Ten years ago, Harvey helped the Arkansas Headwaters Recreation Area craft a report urging Aurora and Colorado Springs to consider recreation and fish when it came time to rebuild the Granite Dam diversion…

The Arkansas River accounts for more than $74 million of the $177 million in economic impact created by commercial rafting in Colorado. The 102 miles of river in the Upper Arkansas River Valley also ranks among the 322 miles of Colorado waterways that qualify as Gold Medal Fisheries that can yield a dozen large trout per acre. It also supplies a large percentage of water to Colorado Springs and Aurora via the 66-inch pipeline that runs from the Otero Pump Station.

Rebecca Mitchell, the executive director of the Colorado Water Conservation Board, said the project exemplifies the collaboration of the Colorado Water Plan, which gathered perspectives from all types of water users in the state to create a policy roadmap for future water planning across the state.

Colorado Parks and Wildlife and the conservation board provided $1.2 million in funding through Colorado Water Plan grant programs.

Jack Holmes: One solution to numerous water projects — The Vail Daily “Valley Voices”

Eagle River Basin

Here’s a guest column about water projects for the upper Eagle River Valley, from Jack Holmes, that’s running in theThe Vail Daily:

There are at least five water-related project proposals being considered for the Upper Eagle River Valley from Dowd Junction to the top of Tennessee Pass in the next 50 years. These include several tributaries of the Eagle River.

One combined project could take care of all major stakeholders and turn the area into a model for the future. The alternative will be five decades of litigation and a patchwork of projects that will be costly to all communities.

It is not about who will get the water. That is settled by Colorado Water Law and the 1989 Memorandum of Understanding. It is about whether the parties involved will work together, which happened during the drought of the early 2000s, or go in separate directions, which was the case during the middle 1950s.

The common project would be an Upper Eagle Pipeline and Storage Co. from Dowd Junction to Tennessee Pass. Storage, if needed, could be at Bolts Lake and Camp Hale. The 20-mile-long pipeline would follow the route of the Eagle River, the Railroad, the U.S. 24 highway or some combination thereof depending on what works and preserves the existing scenic corridor between Dowd Junction and Tennessee Pass.

That is the lowest continental divide pass in the Central Rockies. Those wanting to move or store water would need to pay accordingly. A trench and bury pipeline approach would seem to a good approach.

This proposal would give all major parties what they need at a reasonable cost. Memorandum of Understanding obligations could be met. To be sure, this would require some compromise. Camp Hale restoration might need to shift from some limited and expensive wetland restorations to a series of small reservoirs but probably would get more visitors to honor the 10th Mountain Division. Extensive wetlands are a few miles away on Homestake Creek in the original Camp Hale boundaries.

Building the one project pipeline and reservoirs would require funding, but it should cost less than tunnels, which are problematic to begin with because of potential seismic activity that would destroy the tunnels. In fact, the concept could be sold as a demonstration project worthy of grant funding.

While moving of water is not attractive to environmentalists, the concentration of project impacts in a well-established corridor makes sense. To be sure, the rail corridor would need to be preserved for possible future use, but an adjoining pipeline could be helpful in this regard.

If Front Range communities are more willing to pay for initial construction than Western Slope entities, the first phase of the project could start at the junction of Fall Creek and the Eagle River.

A major environmental question is how much effort should be spent to erase existing environmental impacts in the Eagle River and its Homestake Creek tributary basins above their lower Red Cliff junction. Such actions could merely shift impacts to the other basin at great public and environmental expense.

Anybody familiar with these issues knows that this proposal is a simplified summary. However, it also is known that 50 years in court and countless engineering and field hours can be curtailed by working together. The public has every right to insist that every attempt be made to arrive at a unified approach. While there are some good studies of limited areas, consideration of the larger area is missing at this point.

Jack Holmes is Professor Emeritus of Political Science at Hope College in Holland, Mich., and vice-chair of the Holy Cross Wilderness Defense Fund. He has backpacked in the Holy Cross Wilderness since 1959 and is a summer resident on Homestake Creek above Red Cliff. For many years, he taught a summer course on wilderness politics.

Minturn councillors say no to water project

Mountains reflect off of Bolts Lake, back in the day, as seen from US 24 S in Colorado. Photo via
LessBeatenPaths.com.

From The Vail Daily (Edward Stoner):

Minturn turned down a proposal Wednesday that would have provided enough water for substantial growth within the town, including the Battle Mountain developer’s proposal to build up to 712 homes near Maloit Park and Tigiwon Road.

The Minturn Town Council voted 7-0 to deny the proposed deal between Minturn, the Eagle River Water and Sanitation District and the Battle Mountain developer.

Most residents who spoke at the meeting opposed the deal.

“We need to control our water,” said Minturn resident Woody Woodruff. “We can’t turn over that control to somebody else, because water is going to set the future of this town.”

The developer had asked for a decision to approve or deny the deal Wednesday.

Earle Bidez, mayor pro tem, cited continued concerns on the part of Minturn with the agreement — as well as an increasingly “negative” tone from the developer.

“We have not been able to reach a deal with the district,” he said. “We didn’t get far enough with Battle Mountain to know what we would have ended up with. But I don’t think we can get there from listening to (residents) for the last few months. The negotiation would have to change very much to get there.”

Minturn currently provides its own water from Cross Creek, separate from the rest of the valley’s supply. But the water from Cross Creek is limited — more water is needed if the town wants to grow significantly.

Under the proposal, the developer would have paid for a $5.6 million water pipe, or “interconnect,” that would have connected the Eagle River Water and Sanitation District’s water supply to Minturn’s, providing more water for growth and a redundant supply in case of emergency. The developer also offered more than $3 million in other infrastructure improvements for Minturn, whose aging water system is in need of significant repairs.

The deal also would have allowed the Eagle River Water and Sanitation District to build a $48 million reservoir at Bolts Lake, which is now dry.

It would have been contingent upon the developer receiving the approvals it needs to build the 712 homes.

Cross Creek Trail. By Photo credit: Kim Fenske, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=12597269

Piping a +100 year-old ditch will leave 40% more water in Abrams Creek for fish #EagleRiver #ColoradoRiver #COriver

Cutthroat trout historic range via Western Trout

From The Vail Daily (John LaConte):

On Thursday, representatives from Trout Unlimited, Colorado Parks & Wildlife, the Bureau of Land Management, U.S. Fish & Wildlife Service, Colorado Water Conservation Board, Eagle River Watershed Council, the Town of Gypsum, the Buckhorn Valley Metropolitan District and Scott Green Excavating raised a toast to the completion of a pipeline from the creek which replaces a more than 100-year old ditch…The more than $1 million project hinges on the fish screen and the data collection station. If water levels aren’t recording properly, Buckhorn Valley won’t know when they’re able to divert, as they’ve agreed to take water only when stream levels are above 1.25 cubic feet per second.

That agreement saw some referee action in water court, said attorney Steve Bushong, who helped the metro district obtain a judge’s decree which confirmed that the project can go forward without impacting the metro district’s water rights. The decree came through in November after a slight holdup from the city of Aurora, which diverts water out of Eagle County to the Front Range via Homestake Reservoir.

“Aurora stipulated out of that case; they just asked for some kind of no precedent language, which we were able to work out and include,” Bushong said…

Mefford screen
Another complicated part of the project is the diversion point itself — if it doesn’t allow fish to pass through safely from both sides, the whole project will have been in vain.

Designed by hydraulic/fish passage engineer Brent Mefford, the Abrams Creek fish screen benefits from Mefford’s many years of research with the U.S. Bureau of Reclamation studying screen layout, orientation to channel flow, debris management and use of isolation gates.

“Having a fish person design a screen, they understand fish behavior,” said Kendall Bakich with Colorado Parks & Wildlife. “The way this screen is designed, it allows the fish to swim on the screen if it gets in there.”

On Thursday, members of Colorado Parks & Wildlife witnessed the fish screen working properly from both directions.

“Within 10 minutes (of arriving at the site) we had a fish in here,” Bakich said while examining the fish screen on Thursday. “It worked just like it should.”

Learn more about the project at tu.org.

Aurora, Colorado Springs move toward building additional Homestake reservoir — The Aurora Sentinel

A wetland area along Homestake Creek in an area that would be flooded by a potential Whitney Reservoir. Aurora and Colorado Springs, seeking to build the reservoir, have recently submitted a drilling application to the U.S. Forest Service to search for fatal flaws in the geology under four potential dam alignments. Photo credit: Brent Gardner-Smith/Aspen Journalism

From The Aurora Sentinel (Grant Stringer):

Local officials say damming a creek between Leadville and Minturn — and routing water normally flowing into the Colorado River — is necessary to sate the future thirsts of a city growing on land where water is scarce.

Aurora Water and Colorado Springs Utilities recently applied together for a permit to drill underground near the creek and test where a large Whitney Reservoir would be best situated.

Aspen Journalism first reported the early step to build the reservoir.

For the dam, the utilities are eyeing four possible locations about six miles southwest of Red Cliff.

But damming Homestake Creek would also require moving the boundary of the Holy Cross Wilderness, affecting ancient, pristine wetlands.

Greg Baker, Aurora Water’s manager of public relations, said the Whitney Reservoir could be built in 25 years if key steps such as test drilling on Forest Service land are approved.

Baker said it’s another creative step to make sure that Aurora doesn’t go dry.

“You don’t leave anything on the table when you’re in Colorado, because most of the water has been appropriated in river basins,” he said.

Baker said the reservoir could eventually hold anywhere from 9,000 acre-feet to 19,000 acre-feet of water. The water would then be pumped near Leadville and travel to the Front Range through tunnels to the South Platte River basin.

Currently, only Aurora and Colorado Springs would benefit, Baker said.

The project is another alliance between Aurora Water and Colorado Springs Utilities. The two cities — the state’s largest behind Denver — are both growing quickly. Baker said the new reservoir could help ensure the taps keep flowing, especially in an era with snowpack decreases that imperil creeks and rivers.

A map prepared by Aurora Water that shows a potential 500-acre adjustment to the Holy Cross Wilderness boundary near the potential Whitney Reservoir on lower Homestake Creek. The map as current as of July 16, 2019.

From The Colorado Springs Independent (Pam Zubeck):

The two partners in the transmountain Homestake project have applied to the U.S. Forest Service to drill for soils testing at four potential dam sites.

The Aspen news agency also reported the partners must obtain congressional and presidential approvals to adjust the Holy Cross Wilderness boundary to accommodate a dam.

If the reservoir is built, water would be pumped through a tunnel under the Continental Divide to Turquoise Reservoir at Leadville and on to the two cities.

Turrquoise Reservoir, which stores water brought under the Continental Divide from the Eagle, Fryingpan and Roaring Fork river headwaters.

#Aurora, #ColoradoSprings seek to drill on lower Homestake Creek dam sites — @AspenJournalism #ColoradoRiver #EagleRiver #CORiver #aridification

Homestake Creek, flowing toward the Eagle River, near the Alternative A dam site being studied by Aurora Water and Colorado Springs Utilities, about three miles up Homestake Road from U.S. 24. The photo was taken on July 13, 2019. Photo credit: Brent Gardner-Smith/Aspen Journalism

From Aspen Journalism (Brent Gardner-Smith):

The cities of Aurora and Colorado Springs are increasing their efforts to develop a reservoir on lower Homestake Creek in the Eagle River basin that would hold between 6,850 acre-feet and 20,000 acre-feet of water.

The two Front Range cities, working together as Homestake Partners, have filed an application with the U.S. Forest Service to drill test bores at four potential dam sites on the creek, renowned for its complex wetlands.

They briefed members of Colorado’s Congressional delegation in April about federal legislation they are drafting that would adjust the Holy Cross Wilderness boundary near the dam sites.

And Aurora spent $4.1 million in 2018 to purchase a 150-acre private inholding parcel that accounts for about half the surface area of the 20,000-acre-foot version of the reservoir, removing one obstacle in the way of submitting a comprehensive land-use application to the Forest Service.

“We are in preparation to permit this overall project, to try and get that larger application in, so every piece of the project has had more time and effort spent on it,” said Kathy Kitzmann, a water resources principal with Aurora Water.

One of four potential dam sites on lower Homestake Creek, about four miles above U.S. 24, between Minturn and Leadville. From this location, the dam that forms Homestake Reservoir higher up the creek can be seen. Photo credit: Brent Gardner-Smith/Aspen Journalism

Eagle River MOU

The Whitney Reservoir project is defined in part by the Eagle River Memorandum of Understanding, a 1998 agreement that gives Aurora and Colorado Springs a basis to pursue 20,000 acre-feet of water from the Western Slope.

Parties to the MOU include Aurora, Colorado Springs, Climax Molybdenum Co., Colorado River Water Conservation District, Eagle River Water and Sanitation District, Upper Eagle Regional Water Authority, and Vail Associates.

Peter Fleming, the River District’s general counsel, told the district’s board in a July 1 memo that the River District is “not participating in any Homestake Creek based alternative at this time, this effort is now being carried forward solely by the Homestake Partners.”

Under the MOU, various parties can pursue projects on their own, and the other parties are bound to support those efforts, but only to the degree that a proposed project meets the objectives of the MOU, including whether a project “minimizes environmental impacts.”

A view, from the Alternative A dam site, of the Homestake Creek valley. The triangle shape in the distance is the dam that forms Homestake Reservoir. Photo credit: Brent Gardner-Smith/Aspen Journalism

Serious intent

Whitney Reservoir takes its name from Whitney Creek, which flows into Homestake Creek just above the four potential dam alignments now being studied. The dam that would form Whitney Reservoir would stand across Homestake Creek, not Whitney Creek. Homestake Creek flows into the Eagle River at Red Cliff.

Asked how serious the two cities are about the Whitney Reservoir project, Kevin Lusk, the principal engineer at Colorado Springs Utilities, said, “We’ve been serious about it for the last 20 years.”

And he said the recent drilling application “is another step in the continuum from concept to reality.”

On June 25, the two cities submitted an application with the Eagle-Holy Cross Ranger District for permission from the White River National Forest to drill 13 test bores 150 feet to explore the geology under the four sites.

The sites are clustered on the creek between 3 and 5 miles above the intersection of U.S. 24 and Homestake Road, shown as Forest Road 703 on most maps. The intersection is not far below Camp Hale, between Minturn and Leadville.

The drilling application says Aurora and Colorado Springs are conducting “a fatal-flaw level reservoir siting study” that “comprises subsurface exploration to evaluate feasibility of dam construction on lower Homestake Creek.”

White River National Forest supervisor Scott Fitzwilliams said review of the drilling application itself is “fairly standard stuff.”

“We’ll definitely send out a scoping statement, asking for public comment, but it won’t be about a dam,” he said. “It will be about drilling the holes.”

Each of the 13 borings would take up to five days to drill, so there could be 65 days of drilling this fall or, if the application is not approved this year, in 2020, according to Lusk.

The project includes taking a “track-mounted drill rig or a buggy-mounted drill rig,” a “utility vehicle pulling a small trailer” and a “track-mounted skid steer” onto public lands along 10-foot-wide “temporary access routes.”

The drill rigs are about 8 feet wide, 22 feet long and 8 feet high. To get the rigs to drilling sites, some wetlands may need to be crossed and trees will be cut as necessary.

The information about the geology under the four sites will help determine the size of a dam on a given alignment and how much water a reservoir would hold, Lusk said. And that could affect how much wilderness area might be encroached on.

A map prepared by Aurora Water that shows a potential 500-acre adjustment to the Holy Cross Wilderness boundary near the potential Whitney Reservoir on lower Homestake Creek. The map as current as of July 16, 2019.

Wilderness boundary

Given that Aurora and Colorado Springs are still working through various options, it’s not clear yet how big of an adjustment to the wilderness boundary they might ultimately seek from Congress.

The current proposed legislation developed by the cities asks to remove 497 acres from the wilderness boundary, but it is also expected to include a reversion provision so if all 497 acres are not needed, the boundary adjustment could be reduced.

According to Lusk, in one the of the alternatives studied, about 80 acres would need to be removed from the wilderness area if Whitney Reservoir was to hold 20,000 acre feet of water. However, the cities have yet to rule out the option of building an alternate reservoir below the Whitney Reservoir location – Blodgett Reservoir – which could require a larger boundary adjustment, although not the full 497 acres.

An adjustment to a wilderness boundary requires an act of Congress and the president’s signature. In April, representatives from the two cities described the potential boundary change to staffers of U.S. Sens. Michael Bennet and Cory Gardner and U.S. Reps. Scott Tipton, Jason Crow, Joe Neguse and Doug Lamborn.

Fitzwilliams said Monday the Forest Service won’t accept a full-blown land-use application for Whitney Reservoir until the wilderness boundary issue has been worked out through federal legislation, if that is still needed after the final version of the reservoir is better defined.

Kitzmann said she is reaching out to stakeholders to continue to refine the legislative language and the map showing the extent of the proposed boundary change.

A wetland area along Homestake Creek in an area that would be flooded by a potential Whitney Reservoir. Aurora and Colorado Springs, seeking to build the reservoir, have recently submitted a drilling application to the U.S. Forest Service to search for fatal flaws in the geology under four potential dam alignments. Photo credit: Brent Gardner-Smith/Aspen Journalism

Wetlands and fens

On another front, Aurora Water and Colorado Springs Utilities staffers are hosting a tour this week for the directors of the Colorado Water Conservation Board of the Homestake Plant and Fen Relocation Project, near Leadville.

The CWCB directors, holding their July meeting in Leadville, also will hear a presentation at their meeting about the fen-relocation effort, which consists of moving “fen-like organic soils and plant life” from one location in blocks or bales to another location and “reassembling them in a specially prepared groundwater-fed basin.”

Many regulatory agencies do not believe it’s possible to re-create complex fen wetlands, according to a CWCB staff memo, but that regulatory stance “may be related to the lack of scientific investigation on fen mitigation.”

A 2016 study estimated between 26 and 180 acres of wetlands on lower Homestake Creek would be impacted by Whitney Reservoir.

“This is one of the finest wetlands we can find on our forest — it’s unbelievable,” Fitzwilliams said. “From an environmental impact standpoint, this would not be a project that we would be favorable to.”

But Lusk said the fen-relocation project near Leadville is “proof of concept” that replacing fens, while “a tough nut to crack,” can be done.

Fitzwilliams may be hard to persuade.

“You can mitigate,” he said, “but you can’t replace 10,000 years of work.”

A map from Colorado Springs Utilities that shows how tunnels could bring water to Whitney Reservoir from Fall and Peterson creeks, and from the Eagle River. The map also shows the route of a pipeline to pump water from Whitney Reservoir to Homestake Reservoir.
Homestake Reservoir, which is partially in Pitkin County, but mainly in Eagle County. Below the reservoir the Homestake Creek valley is visible, as well as short section of what’s known as Homestake Road. Water held in the potential Whitney Reservoir would be pumped up to Homestake Reservoir and then sent to the Front Range. Photo credit: Brent Gardner-Smith/Aspen Journalism

Forebay and pumping

Despite the wetlands and wilderness challenges, Lusk and Kitzmann said no fatal flaws have been found yet in what they view as an important future element of their water-supply systems.

The new reservoir would serve as a collection point for water brought in via tunnels from the Eagle River and Fall and Peterson creeks, and for water captured from Homestake Creek.

The reservoir would also serve as a forebay, as the water captured in Whitney Reservoir would be pumped 7 miles up to Homestake Reservoir. Once there, it can be sent through a tunnel under the Continental Divide to Turquoise Reservoir, near Leadville, and then on to Aurora and Colorado Springs.

The two cities own and manage Homestake Reservoir, the upper end of which is in Pitkin County. The reservoir opened in 1967 and normally stores 43,600 acre-feet of water from seven high-mountain creeks behind a 231-foot-tall dam. About 25,000 acre-feet a year is sent through the Homestake Tunnel each year to the Front Range.

Homestake Partners also has a conditional water-storage right from 1995 to store 9,300 acre-feet of water behind a potential 110-foot-tall dam in what is called Blodgett Reservoir, located on Homestake Creek below the Whitney Reservoir sites. Blodgett Reservoir also has a longer history, and has been viewed as an alternate location for older water rights – appropriated in 1952 and adjudicated in 1962 – that are tied to Homestake Reservoir.

Aspen Journalism covers rivers and water in collaboration with The Aspen Times and other Swift Communications newspapers. The Times published this story on Wednesday, July 17, 2019. This version includes a clarification concerning the size of the adjustment to the wilderness boundary and the date of the water rights for Blodgett Reservoir.

Town of Vail Issues Caution Regarding Use of Pesticides

Gore Creek is healthy as it emerges from the Eagles Nest Wilderness Area, but has problems soon after, via The Mountain Town News. All photos by Jack Affleck.

Here’s the release from the Town of Vail:

Many of the pesticides used to protect trees in Vail can unintentionally kill beneficial insects, both on land and in Gore Creek. As a way to reduce the negative impacts of pesticide use, town officials are asking homeowners, property managers and commercial applicators to carefully consider what they are spraying and how it is being applied, and to implement the use of Integrated Pest Management practices for all pest control.

The town’s Public Works and Environmental Sustainability departments have produced resource guides available for download here and at LoveVail.org that provide important recommendations regarding the use of pesticides in Vail. “Careful Where You Point that Thing,” a pocket guide to safe landscaping practices, fertilizer and pesticide use, is available at LoveVail.org or in print at the town offices. Homeowners can reduce the use and impacts of pesticides by considering some of the following recommendations:

  • Now that the mountain pine beetle epidemic is behind us, lodgepole pines no longer need annual spraying.
  • At the same time, a new insect, spruce beetle, is attacking natural spruce trees along Gore Creek. Attaching MCH pheromone packets to susceptible trees and removing affected trees before spring can slow their spread without the use of harmful sprays.
  • Work with a licensed applicator and request trunk and root applications over foliar applications. Improper pesticide use can be particularly harmful to aquatic insects, and can quickly wipe out sensitive species like mayflies, caddisflies and stoneflies for an entire season.
  • The Town of Vail encourages Integrated Pest Management techniques that include mechanical, cultural and biological pest control options over the use of chemicals whenever possible. These integrated resources can be found online from the Colorado State Extension office at CSU IPM.
  • Gregg Barrie, senior landscape architect, is encouraging property owners to take a few minutes to review the pesticide practices resource guides, then share your concerns about stream health to your commercial applicator and help get Gore Creek off of the list of impaired waterways.

    For more information, contact Barrie at 970-479-2337 or email gbarrie@vailgov.com.

    GoPro Mountain Games recap

    Steep Creek Championship 2016 1st Place Alec Voorhees. Photo Caleb Chicoine/Downriver Media

    From The Vail Daily (John LaConte) via The Summit Daily:

    Dane Jackson has been called the world’s best kayaker and, on Thursday, he bested boaters from all over the globe to prove the title true.

    Jackson was the only American man in the top five at the Steep Creek Championship, a timed race down Homestake Creek that doubles as the kick off to the GoPro Mountain Games every year.

    International competitors outnumbered Americans in the women’s event, with only four female competitors completing both of their preliminary round runs through the tight section of class-5 whitewater.

    Adriene Levknecht, of Greenville, South Carolina, was the fastest woman on the day.

    Colorado was well represented in the competition, with Glenwood Springs paddlers Kenny and Dally Kellogg, Peter Farmelo of Silverthorne and Alex Tansey of Kremmling holding it down as the most local kayakers in the 37-person field.

    Tansey said if they had any “home water” advantage, it was the fact that they were already acclimated to the elevation and the cold water.

    “Some of these folks aren’t used to true snowmelt water,” Tansey said. “As cold as cold can get.”

    Traveling to Colorado for the first time from Costa Rica, Arnaldo Cespedes said the water nearly paralyzed him at first.

    “Even though I was wearing a wet suit, I thought that I was going to get frozen,” he said.

    Cespedes said as a result, he didn’t perform as well as he was expecting…

    Paddlers from Chile, Argentina, Canada, France and Norway also competed.

    Second-place Gerd Serrasoles, a native of Catalonia, now calls the Columbia River Gorge home in White Salmon, Washington…

    The Ultimate Mountain Challenge tests competitors across six events of their choosing, with at least one biking and paddling event mandatory. It wraps up on Sunday with the Pepi’s Face Off, also mandatory, which sets a clock to 30 minutes and pits runners against each other in a challenge to see who can complete the most laps up the steep, 40% grade ski run at the base of Gondola One in Vail.

    #Snowpack/#Runoff news: “Why does Eagle River Water & Sanitation District care so much about local streams?” — Diane Johnson

    Here’s a column about snowpack and runoff from Diane Johnson that’s running in The Vail Daily. Click through and read the whole column to learn about the Eagle River Water & Sanitation District priorities during drought. Here’s an excerpt:

    As the water provider for homes and businesses from Vail through Edwards, we welcome each snowfall. Specifically, we focus on the water content — or “snow water equivalent” (SWE) — of our local snowpack. Statewide SWE is currently about 140 percent of normal and local snow measuring sites are similarly high.

    Above normal SWE generally bodes well for summer water supply. However, we need the snowpack to linger well into May. The federal snow measuring site on Vail Mountain normally peaks on April 25, then the melt starts. The Fremont Pass site near the headwaters of the Eagle River normally peaks on May 6, followed by a six-week melt. A slower melt lets water seep into soils — which were parched entering winter due to drought in 2018. While good winter snow should mean good summer river flows, some of that snowmelt will replenish soil moisture and not be part of spring runoff. Winter may be over, but the Eagle River valley needs April (snow) showers to bring May (river) scours.

    Why does Eagle River Water & Sanitation District care so much about local streams? Because they serve as the supply for us to provide you with clean, safe drinking water, irrigation water, and fire protection. The amount of water used by our customers affects local stream levels. Since healthy waterways are critical to our natural environment and recreation-based economy, we strive to balance the water needs of our customers with the rivers’ needs.

    In July 2018, as drought caused local waterways to drop to low levels, we prioritized river water over customers’ use of water for outdoor purposes. Outdoor areas use much more water than indoor areas and landscape irrigation has a greater impact on streamflows than indoor and fireflow use. Our staffcontacted hundreds of customers who were using excessive amounts of water that disproportionately impacted our community’s limited water resource. Nearly all customers who were contacted responded positively, which helped to preserve streamflows.

    From The Grand Junction Daily Sentinel (Dennis Webb):

    …the moisture March has been delivering to Colorado has put an exclamation point on a stellar snowpack season. The state has experienced a remarkable turnaround from last year when poor snowpack and meager rainfall left the state deep in drought.

    “There are lingering effects (of that drought) for sure, but as far as the snowpack goes, it’s really the best that we can hope for,” said Taryn Finnessey, climate change risk management specialist for the Colorado Water Conservation Board.

    As of Wednesday, statewide snowpack averaged 140 percent of median.

    “It’s been a very good water year,” Dennis Phillips, a meteorologist for the National Weather Service in Grand Junction, said of the 12-month hydrological period that began last Oct. 1.

    He said conditions have been particularly good in the southern mountains, where snowpack levels have been at 275 to 300 percent of where they were a year ago and already are well above their average seasonal peak amounts…

    According to a March drought update produced by the board, since Feb. 1 the San Juan Mountains have received 15 inches of precipitation, nearly equal to the entire total they received during the 2018 water year that ended Sept. 30.

    River basins in far-southwest Colorado on Tuesday had a combined median snowpack of 161 percent of average, according to the Natural Resources Conservation Service. The Gunnison Basin, which was water-starved last year, is at 154 percent of median, and the upper Colorado River Basin is at 136 percent.

    The Weather Service is reporting that precipitation so far this month in Grand Junction has totaled 2.28 inches, just 0.08 inches behind the record of 2.36 set more than a century ago, in 1912. Local weather records date back to 1893.

    The current water year got off to a wet start in Grand Junction in October, which was the fourth-wettest on record for the city, with 2.76 inches of precipitation…

    Record-setting or not, such moisture in Colorado has gone far to alleviate drought conditions in the state. Three months ago two-thirds of the state was experiencing some level of drought, according to the U.S. Drought Monitor. That was down to just under a third of the state as of March 12, and about 7 percent as of the latest drought report last week, with drought conditions remaining in parts of southern Colorado.

    Mesa County and much of western Colorado are now ranked as abnormally dry but not in drought. But officials are recommending removing that abnormally dry designation for Mesa County and much of the surrounding region in the next drought map, scheduled for release today…

    Blue Mesa Reservoir

    Erik Knight, a hydrologist for the U.S. Bureau of Reclamation in Grand Junction, said the outlook at Blue Mesa Reservoir is “a lot better than a few months ago, that’s for sure.”

    The massive, 940,700 acre-foot reservoir’s level has fallen to around 30 percent of capacity, and hasn’t been that low since 1977.

    Now, Knight said, it’s looking like it may get to 85 percent of full this year…

    Now Colorado snowpack levels are high enough that water officials are at least considering the potential for flooding this spring.

    “Right now we’re not overly alarmed. We’re just going to see how it plays out,” Finnessey said.

    She said streamflow forecasts are average to just above average at this point.

    “Typically snowmelt is rather well behaved in Colorado,” she said.

    She said most of the state’s flooding results from rain, not snowmelt runoff. In addition, it remains to be seen how much of the runoff goes toward refilling reservoirs versus swelling streams. But Finnessey said officials are looking forward to the ecosystem and reservoir benefits the snowmelt will provide.

    But she said the drought’s impacts aren’t over, as in the case of ranchers who had to sell livestock last year. Poor hay-growing and range forage conditions took a heavy toll on many of them.

    From 9News.com (Allison Levine):

    Denver Water’s reservoirs are already in good shape with some, like Eleven Mile, over capacity…

    What does that mean for Denver Water customers?

    Hartman: It means we have a healthy water supply. It means, going into the summer, we’re going to be in our standard watering rules. We’ve seen, over the years, our customers become so good with their water use and we expect to see the same from them this summer…

    There is still a lot of snow that has to melt. How will that impact reservoir capacity?

    Hartman: We will be able to fill our reservoirs and we’ll be able to use that water throughout the summer. We’re in late March right now, it’s obviously always difficult to predict how things will unfold. We could, say for example, have a warm April. A warm April would melt that snow off more quickly.

    Because of a number of dry years in the last 10 and 20 years, we have low soil moisture and Mother Nature gets dibs on that water. So, even with that great snowpack, some of that’s going to get eaten up by that very thirsty soil.

    You can always get evaporation if the weather gets very hot, or we could have a cooler April, which we hope for. That slows the melt off and sort of sustains the reservoir that is the snow. We consider the snowpack one giant reservoir. We are optimistic that we will continue to see these weather patterns that keep the snowmelt happening in a slower, more predictable, and more manageable way.

    #EagleRiver Watershed Council: Planning for our community’s water future

    The Eagle River roils with spring runoff in June 2011 near Edwards, Colo. Photo/Allen Best

    From the Eagle River Watershed Council (Lizzie Schoder) via The Vail Daily:

    In low snow years like last year, the effects to our community can be felt immediately from the loss of revenue from ski tourism to low flows in our rivers in the following hot summer months leading to voluntary fishing closures and a lackluster whitewater season. Our angling, boating, recreation, wildlife and aquatic communities all feel the impact. While it seems Ullr has different plans this year, as we are in the midst of back-to-back storm cycles refreshing our snowpack and currently putting us at about 136 percent of normal, we aren’t nearly in the clear of the drought in the Colorado River Basin, or its long-term companion, aridification.

    Research shows earlier runoff timing, higher ambient air temperatures, the dust-on-snow effect, and lower flows aren’t just periodic concerns, but more a representation of our new normal. The Eagle River and its tributaries support a wide array of uses inextricably tied to the wellbeing of our local economies and our high quality of life, not limited to: drinking water, agriculture, boating, angling, wildlife and biodiversity, aesthetics, lawns and gardens, snowmaking, and industry and power production. The effects of climate change, coupled with increasing demand from our ever-growing population, and the likelihood of future water storage projects, underline the need to plan for our community’s water future.

    The Eagle River Watershed Council — with the help of its many community partners and stakeholders — has undertaken an exciting initiative to be on the forefront of water management planning and engage the community through the Eagle River Community Water Plan. While the council has undertaken successful planning and assessment initiatives in the past, including the Eagle River Watershed Plan and the Colorado River Inventory & Assessment, these completed plans have largely focused on water quality issues in our watershed. The Community Water Plan will place a greater focus on future water quantity issues and will address increasing demand shortage scenarios.

    What is a community water plan?

    Colorado’s Water Plan, adopted by the state in 2015, set a goal of communities implementing community water plans, also known as stream management plans, on 80 percent of Colorado’s locally prioritized streams by the year 2030. The plan seeks to identify the desired environmental and recreational flows in our watershed and will provide the opportunity to safeguard the environmental, recreational, agricultural, tourism, and municipal uses of the river. In other words, the plan will allow for the protection of river health as well as the other uses of water the community values.

    Focusing on the entire length of the Eagle River, from its headwaters on Tennessee Pass to the confluence with the Colorado River in Dotsero, the plan will consider past, present, and future human and river health values to identify opportunities to correct historical degradation and mitigate against non-desirable future conditions due to stressors such as climate change and population growth.

    The plan’s diverse stakeholder group includes: local governments, fishing and rafting guide companies, the Eagle County Conservation District, the Northwest Colorado Council of Governments, American Rivers, the National Forest Foundation, the US Forest Service, the Bureau of Land Management, Colorado Parks and Wildlife, the Colorado Division of Water Resources, and the Eagle River MOU partners, including Climax Molybdenum Company, Vail Resorts, the Colorado River District, the Eagle River Water & Sanitation District, the Upper Eagle Regional Water Authority, and the partners in Homestake Reservoir (the cities of Colorado Springs and Aurora).

    The plan will culminate in a set of recommendations for projects, policies or management actions that can be used to mitigate stressors and encourage land and water management actions that promote ecosystem health.

    The stakeholder group is committed to striving for equitable outcomes through engaging and listening to a broad range of community members. Community meetings will be held throughout the planning process to provide an opportunity for the community to engage in the process. Although the first round of community meetings were held in late February with presentations about the plan and current river conditions, the opportunity to submit formal input through online surveys still exists.

    To have a truly representative Community Water Plan, members of the community are encouraged to complete these surveys that inquire about how the community uses the river, and which degraded segments of and threats to the river are most concerning. A recording of the presentations, surveys (in English and Spanish) and more information are available online at http://www.erwc.org. The Watershed Council and its partners encourage the community to make their voice heard in this important planning process and to stay tuned for future community meetings planned for this summer.

    Eagle River Watershed Council has a mission to advocate for the health and conservation of the Upper Colorado and Eagle River basins through research, education, and projects. To learn more, call (970) 827-5406 or visit http://www.erwc.org.

    The Vail Town Council awards Glenn Porzak their 2019 Trailblazer Award

    Rainbow trout release at Black Lakes via CPW.

    From City of Vail via The Vail Daily:

    Glenn Porzak, the water rights attorney who has worked tirelessly through the decades to advance and protect water rights for Vail and the Western Slope, has been selected as the recipient of the 2019 Vail Trailblazer Award.

    Presented by the Vail Town Council, the award has been established as an annual civic recognition to honor those who contribute their time and talent to make Vail a great resort community.

    Porzak will be formally recognized at the March 5 evening Vail Town Council meeting. A mayor’s proclamation honoring his vast contributions will be read into the public record. Recognition will also take place during the Vail Annual Community Meeting, to be held March 12 at Donovan Pavilion.

    Porzak has been a fixture in the Vail community since the 1970s when he served as the water law counsel for Vail Associates (now Vail Resorts) and later for the current and predecessor entities of the Eagle River Water & Sanitation District and Vail Water sub-district, which provides water and wastewater treatment services to the greater Vail community. His nomination for the Trailblazer Award carries the endorsement of five former mayors as well as past and present members of the board of directors of the Eagle River Water & Sanitation District.

    PIONEERING CONTRIBUTIONS

    Nominators cited numerous examples of Porzak’s pioneering contributions in creating the water infrastructure essential for Vail’s successful growth as a resort community. For example, in the 1990s he led the effort to negotiate and secure approvals for construction of the Eagle Park Reservoir, located at the headwaters of the Eagle River. This in-basin water storage has been instrumental in supporting snowmaking capabilities on Vail Mountain as well as accommodating Vail’s growth through the decades while ensuring adequate 12-month streamflows in Gore Creek and the Eagle River. The complicated water and storage rights for Vail Mountain’s snowmaking water help to ensure quality skiing and snowboarding, even in the driest of years — such as last year.

    Porzak helped continue the development of Black Lakes, which are located at the headwaters of Black Gore Creek near the Interstate 70 Vail Pass exit and are part of the district’s water supply system. The two cold-water reservoirs serve as in-basin water storage and reservoir releases enhance streamflows in Gore Creek. They also support fishing, wildlife habitat and recreation through a partnership with Colorado Parks and Wildlife.

    Porzak was largely responsible for expanding Vail’s recreational amenities by making it possible to build Vail’s whitewater park, which serves as a major venue for the annual Mountain Games. Located at the Gore Creek promenade in Vail Village, the park opened in 2000 after Porzak authored a new recreational in-channel diversion category as a test case under Colorado water law.

    The park withstood a series of legal challenges and the game-changing decree was eventually upheld in a ruling by the Colorado Supreme Court. The 2003 judgment has since been used to create other whitewater parks throughout the state.

    PROTECTING SUPPLIES

    As the founding partner of Porzak Browning & Bushong LLP, a Boulder-based firm representing water and land use interests, Porzak is well-known for his expertise in the protection of existing water supplies. In an unprecedented move to protect the water interests of Vail and the upper Eagle Valley, Porzak led negotiations in 1998 that limited the amount of water the Front Range cities of Aurora and Colorado Springs could divert from the Eagle River basin, forever protecting local stream flows and fisheries from out-of-basin development interests.

    He spearheaded the litigation and subsequent negotiations that resulted in the 2007 abandonment of the Eagle-Piney Water Project for which Denver Water owned extensive water rights. The agreement and abandonment forever protect local stream flows and fisheries from trans-basin development. That water project would have taken hundreds of thousands of acre feet of water each year from Gore Creek and the Upper Eagle River and transported that water through a planned tunnel below Vail Pass to Dillon Reservoir.

    In announcing Porzak as the 2018 Trailblazer Award recipient, Vail Mayor Dave Chapin said Porzak’s underlying contributions are both vast and visible in almost everything we do.

    “From the water that comes out of our tap, to the amazing recreational amenities we have in this valley, to the protection of our streams from massive transmountain diversions, we owe our gratitude to Glenn for having the courage and the wherewithal to challenge the status quo,” Chapin said.

    Porzak said he was “speechless” when notified of the award. “It has truly been an honor to represent the greatest recreational-based community, Vail, for over four decades,” said Porzak.

    Throughout his career, Porzak has participated in over 120 water court trials and over 30 Colorado Supreme Court appeals. He has been named a Colorado Super Lawyer by 5280 magazine every year from 2006 to 2019.

    In his spare time, Porzak has been a world-class climber, having summited Mount Everest and three of the world’s other 8,000-meter peaks. He was one of the first people to climb the Seven Summits, the highest peak on each of the world’s seven continents. He is a past president of the American Alpine Club and the Colorado Mountain Club.

    Porzak has also been the president of the Manor Vail Homeowners Association and led the effort to remodel the hotel and condominium complex at the base of Golden Peak.

    The Vail Trailblazer Award was established during the town’s 50th birthday celebration in 2016. Porzak is the fourth recipient to be honored and was selected by a town council committee from among other deserving nominations.

    For more information about the Vail Trailblazer Award and the nomination process, go to http://www.vailgov.com/trailblazeraward.

    Eagle whitewater park ready for #runoff

    From The Vaily Daily (Randy Wyrick) via The Aspen Times:

    The river part of Eagle’s ambitious river park is done, and even the fish appear to be happy about it.

    Hobbs Excavating crews recently finished the fourth of four in-river features.

    S2O Design, one of the world’s premier river engineering and whitewater design companies, designed the in-river features.

    “This setting matches the river’s natural morphology and utilizes the existing river channel really well,” said Scott Shipley, the founder and president of S2O Design. “It will surely be a new focal point for the town.”

    […]

    The in-river part of the project took two years to build, but the process started long before that with a feasibility study, then design and a detailed hydraulic modeling. The first two features were built last winter and spring when the water was low.

    Crews were back in the water last fall, and finished the other two river features in late December. The features create waves, eddies, chutes, and drops to play in for anything from tubes to surfing, standup-up paddling and kayaking.

    The park was the first built with S2O’s RapidBlocs that allows the features to be fine-tuned depending on water flows. That will lengthen the boating season in the park…

    S2O also designed the riverbank improvements, and included a bypass channel around the two upper features serving as a recreational safe route and a fish migration pathway, and mid-stream fish channels in the lower section so fish can migrate upstream.

    After Colorado Parks and Wildlife expressed some concerns about fish migration, the two features built this winter were modified, with crews installing concrete half hemispheres to make it easier for the fish to move…

    In 2016 Eagle voters approved a 0.5 percent sales tax to pay for the park and trail improvements. The entire park is scheduled for completion later this spring.

    @USFSRockyMtns opposes Fry-Ark conditional water rights in Holy Cross Wilderness — @AspenJournalism

    Pristine Halfmoon Lake, shown here under hazy skies in August 2018, is on Lime Creek within the Holy Cross Wilderness and is near the location for a potential diversion dam and tunnel back toward the existing Fry-Ark Project to the south. Photo credit: Brent Gardner-Smith Aspen Journalism

    From Aspen Journalism (Brent Gardner-Smith):

    The U.S. Forest Service is questioning whether the Southeastern Colorado Water Conservancy District ever will be able to get approval to build six potential diversion dams and related tunnels and conduits in the Fryingpan River basin that are located on USFS land above 10,000 feet within the Holy Cross Wilderness.

    In a statement of opposition filed last month in Division 5 water court in Glenwood Springs, attorneys for the USFS said it “cannot authorize development of these six conditional water rights … because they lie within a congressionally designated wilderness. Only the president has authority to approve water developments within the Holy Cross Wilderness.”

    The USFS statement of opposition, which was the only one filed in the case (18CW3063), also said “as currently decreed, the subject water rights raise questions as to whether they can and will be perfected within a reasonable time.”

    The opposition statement was submitted July 31 in response to a periodic diligence application filed with the water court by Southeastern on May 28.

    Southeastern is seeking to maintain its conditional water rights that are part of the Fryingpan-Arkansas Project. The rights were decreed in 1958. Six of the rights are within the Holy Cross Wilderness, which was designated in 1980, but most are outside of it.

    Southeastern, which is based in Pueblo, owns and manages the water rights for the Fry-Ark Project, which was built by the Bureau of Reclamation.

    A detail of map of the Fry-Ark Project prepared by the Colorado River District, showing potential diversion points as purple circles. The map does not show the wilderness boundary.
    A map prepared as part of a study by Wilson Water Group showing the locations of six potential diversion dams in the Holy Cross Wilderness, shown in light purple. The diversion points would be connected with tunnels and conduits and connected to the existing Fry-Ark Project system at Carter Creek, the most northern dam and tunnel in the existing system.
    A map filed as part of Southeastern’s diligence application that shows the extent of the Fry-Ark Project. On its southern end, it diverts water from creeks near Aspen. The conditional rights within the Holy Cross Wilderness are on its northern end.

    375 cfs

    The six diversion dams inside the Holy Cross Wilderness would allow for the diversion of 10 cubic feet per second from an unnamed tributary of the North Fork of the Fryingpan River, for diversion of 135 cfs from Last Chance Creek and for 10 cfs from an unnamed tributary to Last Chance Creek, for 85 cfs from a creek called Slim’s Gulch and for 85 cfs from an unnamed tributary of Slim’s Gulch, and for 50 cfs from Lime Creek.

    In all, the six conditional rights in the wilderness would allow for 375 cfs of additional diversions in the Fry-Ark Project.

    The diversion structure on Lime Creek would be near pristine Halfmoon Lake, which is above Eagle Lake.

    Chris Woodka, who is the issues management coordinator at Southeastern, said the conditional water rights in the wilderness “are like a bargaining chip that we really don’t want to give up.”

    “If they could be developed at some point, we would still be interested in developing them, as far as getting the yield from there,” Woodka said. “But can we get more of a yield from the system using the mechanisms we have in place? Probably.”

    The entrance to the Chapman Tunnel on the creek in Chapman Gulch, part of the existing Fry-Ark diversion system.

    Maximizing limited yield

    The Fry-Ark Project today includes 16 diversion dams and 26 miles of tunnels and conduits on the Western Slope that move water from the Hunter Creek and Fryingpan River basins to the centrally located Boustead Tunnel, which can divert as many as 945 cfs under the Continental Divide.

    The water is sent to Turquoise Reservoir near Leadville and then farther into the Arkansas River basin for use by cities and irrigators.

    The six potential dams and tunnels in the Holy Cross Wilderness would connect to the existing Fry-Ark Project at the Carter Creek dam and tunnel, which is the most northerly point of the system. It was completed in 1981.

    James DuBois, an attorney in the environment and natural resources division at the Justice Department and who filed the USFS statement of opposition, said he could not discuss the case.

    DuBois filed a similar statement of opposition in a 2009 diligence filing for Southeastern’s conditional rights.

    In that case, the USFS eventually agreed, in a 2011 stipulation, that Southeastern would study “the potential for moving its conditional water rights off of wilderness lands” during the next six-year diligence period, which ended in May.

    It also would look at other ways to increase the project’s “authorized yield.”

    A view of the Slim’s Gulch area in the upper Fryingpan River basin. The Lime Creek basin is on the other side of the jagged ridge in the background, and a tunnel under the mountain would move water from Lime Creek to Slim’s Gulch.

    Yield limits

    Under the project’s operating principles, the authorized yield of the Fry-Ark Project is limited to diverting 120,000 acre-feet in any one year, and to diverting no more than 2.35 million acre-feet over a 34-year rolling average, or an annual average of 69,200 acre-feet.

    From 2010 to 2015, the project diverted an average of 63,600 acre-feet, indicating there is more yield to be gained.

    This year, a dry year, about 39,000 acre-feet was diverted. In 2011, the last really wet year, 98,900 acre-feet was diverted, according to an annual report on the Fry-Ark Project prepared by the Bureau of Reclamation.

    A view of the Last Chance Creek basin in the upper Fryingpan River basin. The main stem of Last Chance Creek wraps around the forested mountain in the middle of the photo, and a tributary to the south is off to the right, just out of view in the photo. Photo credit: Aspen Journalism

    Improving existing facilities

    In accordance with the 2011 stipulation, a study on how to get more water out of the system was done by Wilson Water Group and presented to Southeastern in April.

    In the presentation slides, Wilson Water told Southeastern’s board of directors that “analysis indicates contemplated project yield could be met through existing infrastructure and software upgrades.”

    Another option studied was to move the six rights in the Holy Cross Wilderness downstream and out of the wilderness. However, Wilson Water said it would require pumping stations to lift the water back up to Fry-Ark system and the “cost per-acre feet is likely prohibitive.”

    Despite the finding that improving the existing system would increase the yield on the project, Southeastern voted in April to file for diligence on the six conditional rights within the wilderness, along with other conditional rights, telling the court that “while the construction of certain conditionally decreed project features has not yet been started, there is no intent to abandon these features or any of the conditional water rights … .”

    A sign marking the boundary of the Holy Cross Wilderness in the Last Chance Creek basin. The trail up the basin does not see a lot of hiking traffic. Photo credit: Aspen Journalism

    ‘Inappropriate location’

    Upon learning of the diligence application this week, Will Roush, the executive director of Wilderness Workshop in Carbondale, said “the Holy Cross Wilderness is a completely inappropriate location” for the development of the conditional water rights.

    “Lime Creek, Last Chance Creek and the surrounding lands and tributaries provide amazing opportunities for solitude and the rare opportunity to experience a landscape and alpine watershed free of human infrastructure and without the diversion of water,” Roush said.

    An informational memo on the diligence case was presented to the Southeastern board of directors on Aug. 16, and there was no discussion of the case by the board.

    An initial status conference in the diligence case has been set for Sept. 18.

    Editor’s note: Aspen Journalism is covering the Roaring Fork and Colorado river basins in collaboration with The Aspen Times. The Times published this story on Saturday, August 19, 2018. This version of the story corrected the date of the earlier stipulation between Southeastern and USFS, which was reached in 2011, not 2012, when the case was closed.

    #Drought news: The Eagle River Water & Sanitation District is asking its customers to cut back on outdoor water use

    West Drought Monitor July 17, 2018.

    From The Vail Daily (Scott Miller):

    In a memo to the district’s elected board, communications and public affairs manager Diane Johnson wrote that streamflows measured on Gore Creek, the Eagle River near Minturn and the Eagle River at Avon are all running significantly below seasonal norms.

    As of July 22:

    • Gore Creek was running at 36 cubic feet per second, 38 percent of the normal flow.

    • The Eagle River near Minturn was running at 49 cfs, 43 percent of normal.

    • The river at Avon was running at 108 cfs, 36 percent of normal.

    Those readings are among the lowest on record. Only the drought years of 2002 and 2012 showed lower streamflows from April 1 to July 22. Even in those drought years, the graph lines show the occasional bump, when rainfall temporarily boosted streamflows.

    This year, those bumps haven’t developed.

    North American Monsoon graphic via Hunter College.

    THE MISSING MONSOON

    The short boosts to streamflow in those other years started coming in about mid-June, the result of the annual “monsoon” flow that generally brings some significant moisture to the area.

    The U.S. Climate Prediction Center in late spring predicted a better-than-average change of precipitation into the summer. That hasn’t developed so far this year.

    Tom Renwick, a forecaster at the Grand Junction office of the National Weather Service, said the monsoonal flow in Western Colorado usually develops when a high-pressure system sets up over Texas and Oklahoma and a low-pressure system develops over the desert Southwest United States. When that happens, moisture is sucked up from the south and ends up being deposited in Western Colorado.

    Renwick said high pressure has been setting up in the wrong place so far this year.

    That high pressure usually means dry conditions. At the moment, high pressure is farther west than it needs to be to bring rain.

    “It’s basically on top of us,” Renwick said.

    While Western Colorado hasn’t been getting its usual summer rainfall, Renwick said other areas are seeing seasonal precipitation. The monsoons have hit Mexico.

    CONCERN FOR AQUATIC LIFE

    Locally, the lack of the monsoon rains is starting to concern water providers.

    In an email, Johnson wrote that the district and other water providers “are now back to a bit worried about how our streams will do during the normal low-flow months of August on.”

    That said, there are adequate supplies for domestic use.

    Aquatic life can be hard-hit by low streamflows, especially when those low flows are combined with warm temperatures.

    Colorado Parks and Wildlife last week called for a voluntary fishing closure on portions of the Eagle, Colorado, Crystal and Roaring Fork rivers. Anglers are asked to stop fishing from 2 p.m. to midnight on stretches of those streams. Water temperatures near or above 70 degrees Fahrenheit can be damaging to fish that are caught and released back into the water.

    Rainfall and cooler water temperatures are good for both aquatic life and landscaping. Until those rains come, though, district customers are being asked to let their landscaping dry out a bit.

    When the monsoonal flow might develop remains an open question, but Renwick said he’s optimistic.

    There’s a possible monsoonal pattern developing later this week for New Mexico, the Front Range and parts of Wyoming, but not Western Colorado.

    CPW is implementing voluntary fishing closures on sections of the Eagle River, Colorado River, Crystal River, and Roaring Fork River in northwest Colorado.

    Here’s the release from Colorado Parks and Wildlife:

    Due to high water temperatures and low flows, Colorado Parks and Wildlife is implementing voluntary fishing closures between 2 p.m. – 12 a.m. on sections of the Eagle River, Colorado River, Crystal River, and Roaring Fork River in Northwest Colorado. The fishing closure is effective immediately, until further notice.

    Although anglers are not legally prohibited from fishing in these stretches, CPW is asking anglers to fish early in the day and find alternative places to fish until conditions improve.

    Sections for the voluntary fishing closures include:

    Eagle River from Wolcott downstream to its confluence with the Colorado River

    Colorado River from State Bridge downstream to Rifle

    Crystal River from Avalanche Creek downstream to its confluence with the Roaring Fork River

    Roaring Fork River from Carbondale downstream to its confluence with the Colorado River.

    “We appreciate the patience of our angling community as we work through some tough climate conditions,” said Northwest Regional Manager JT Romatzke. “Conserving our state’s fisheries is critical, not just for anglers, but for the local communities and businesses that rely on these resources for their livelihoods.”

    CPW will place signs along the four sections of rivers to notify anglers and encourage them to consider fishing at higher elevation lakes and streams where environmental factors are much less severe, particularly during the afternoons and evenings.

    If current conditions persist, CPW may consider further fishing restrictions which may include all-day voluntary fishing closures or mandatory fishing closures.

    CPW recommends anglers contact their local CPW office for the most recent information relative to fishing closures, fishing conditions, and fishing opportunities.

    Local watershed organizations are also good resources for information on river health including the Roaring Fork Conservancy, Eagle River Watershed Council, and the Middle Colorado Watershed Council.</blockquoteL

    Eagle River Regional Water Efficiency Plan available for review

    From the Eagle River Water and Sanitation District:

    The draft Eagle River Regional Water Efficiency Plan is available for review by the public, which can submit comments through July 30.

    The plan is a joint effort by the Eagle River Water & Sanitation District and the Upper Eagle Regional Water Authority that outlines actions the organizations will take to meet increasing regional water demands with available supply into the future in an environmentally and fiscally responsible manner.

    Community members can review the draft plan at the district office in Vail during business hours and anytime online.

    Both the district and the authority are required to have a water efficiency plan on file with the Colorado Water Conservation Board, which is part of the Colorado Department of Natural Resources. The CWCB awarded grant funds to the district and authority to assist with plan development and there must be a period for the public to comment on the proposed plan. This public comment period follows an extensive stakeholder outreach process where the plan was presented to nearly 20 community groups, several of which can be viewed on the High Five Access Media website (watch a video). Feedback at those presentations has informed the current draft.

    All comments received will be considered for integration into the final plan and will be noted in a plan appendix. The district and authority boards of directors will review the final plan in August and approve its submittal to the CWCB, which makes the final determination that the plan meets state guidelines and accepts it.

    To submit comments, contact water demand management coordinator Maureen Mulcahy by email, phone (970-477-5402), or mail: 846 Forest Road, Vail, CO 81657. Written comments are preferred for better tracking and inclusion in the final plan.

    Click here to view the draft plan. For more information call Mulcahy at 970-477-5402.

    Eagle turns dirt on second water treatment plant

    The water treatment process

    From The Vail Daily (Randy Wyrick):

    A groundbreaking ceremony saw the first shovels of dirt turned Tuesday, July 10. Excavation should continue through the summer, and concrete should follow in the fall.

    Water is scheduled to begin flowing in the fall of 2020…

    The town’s current and only water treatment plant runs at 90 percent capacity during peak demand, and some days it’s higher, said Brandy Reitter, Eagle town manager. The new plant will generate as much as 2.5 million gallons of water per day and can be expanded to 5 million gallons per day. It should fulfill the town’s projected growth needs for the next 20 years.

    “The town must accommodate its existing users. We also want to accommodate new customers and growth. We cannot consider new development unless we have the water to serve,” Reitter said. “Now is the time. The demands have increased significantly and we cannot wait any longer.”

    This new water plant will be on the Eagle River. The current plant is on Brush Creek and is the town’s only source of water.

    The town has good water rights on the Eagle River, thanks to tireless work by former town manager Willy Powell, Reitter said.

    Bryon McGinnis, Eagle’s public works director, said the second water plant will help the town preserve those hard-won water rights…

    A second water plant is also a public safety issue, McGinnis said, pointing out the many wildfires burning around Western Colorado.

    The Lake Christine fire near Basalt hit that town’s watershed and strained its system. However, Basalt has a system of wells near the Roaring Fork River, and that second water source kept the water flowing, McGinnis said.

    The town of Eagle saved $10 million and used it as a down payment on the new plant.

    “Development has, for many years, paid its own way. The town has collected and saved fees to help pay for this,” Reitter said.

    The remaining cost will be covered by a low-interest, 20-year loan from a state revolving fund.

    Broomfield-based MWH Constructors will build the plant.

    Pitkin County and West Slope close to securing 1,000 AF of water for upper Roaring Fork

    The upper Roaring Fork River, east of Aspen, near the river’s confluence with Difficult Creek. The stretch of river between Difficult Creek and Maroon Creek is often plagued by low flows in late summer and fall.

    By Brent Gardner-Smith, Aspen Journalism

    As a way to settle a 2009 state water court case led by Pitkin County and the Colorado River District, the Front Range city of Aurora has agreed to let as much as 1,000 acre-feet of water run down the upper Roaring Fork River each year instead of diverting the water under Independence Pass.

    The pending settlement could mean that about 10 to 30 cubic feet per second of additional water could flow down the river through Aspen in summer and fall.

    It’s an amount of water that Pitkin County Attorney John Ely said would be “visibly noticeable” and would help bolster flows in the often water-short stretch of the Roaring Fork between Difficult and Maroon creeks.

    “It’s exciting,” Ely said. “It’s not very often you get to put water into the upper Roaring Fork. These opportunities are pretty limited, and I’m not sure if we’ll ever see another one.”

    A June 13 memo from Ely on the agreement states that “the Pitkin County Healthy Rivers and Streams Board has long recognized this reach of the Roaring Fork as one of the most stressed reaches of the Roaring Fork” and that “the Roaring Fork Conservancy’s State of the Watershed report identifies the upper Roaring Fork just above Aspen and heading into town as being severely degraded.”

    The Pitkin Board of County Commissioners is expected to approve the settlement in the form of an intergovernmental agreement with Aurora on Wednesday.

    Aurora’s city council also is expected to approve the agreement, as is the Colorado River District board of directors at its July meeting. A Water Court judge has set a July 20 deadline for the parties to file the settlement.

    Officials with Pitkin County and the Colorado River District see the deal with Aurora as a victory, especially as some estimates, according to Ely, place the value of water in Aurora at $50,000 an acre-foot, which makes the 1,000 acre-feet of water potentially worth $50 million.

    The settlement is also of high value to officials at the Colorado River District, who led the efforts of the West Slope entities in the case.

    “I think it’s a big deal,” said Peter Fleming, the general counsel for the Colorado River District, which represents 15 counties on the Western Slope. “I think it’s going to be a good deal for Pitkin County, the Roaring Fork River, and the West Slope as a whole. And frankly, I think it’s a pretty good deal for Aurora, as well.”

    But Tom Simpson, a water resource supervisor with Aurora, said it’s a “bittersweet” deal for the growing Front Range city.

    “We’ve worked hard on this agreement over the last year,” Simpson said. “It is bittersweet, but we are happy that we are finally there.”

    The deal lets Aurora retain its current use of 2,416 acre-feet of water it diverts on average each year from the top of the Fryingpan River Basin, but Aurora also is giving up 1,000 acre-feet of water it now diverts from the top of the Roaring Fork River Basin.

    Aurora also is agreeing to abide by operating protocols and future potential use of the senior water rights on the Colorado River now tied to the Shoshone hydropower plant in Glenwood Canyon. That agreement could limit the amount of additional water Aurora can divert in the future from the Colorado River Basin.

    The provisions of the agreement relating to the Shoshone water right also include an acknowledgement that the senior water right might someday be changed to include an instream flow right rather than the water being diverted out of the river and sent to the hydropower plant.

    “Aurora will not oppose an agreement between a West Slope entity or entities, the Colorado Water Conservation Board, and any other entity entered for the purpose of adding instream flow as an additional use of the senior hydropower right,” the agreement states.

    Simpson agreed the overall deal represented a “haircut” for Aurora’s water rights in the Colorado River Basin.

    “Yes, we’re going to get the 2,416 acre-feet out of Busk, but we’re going to make these other deliveries on the Roaring Fork, and we might lose just a little bit of water on the Shoshone protocol,” he said. “It’s a haircut, absolutely.”

    On the other hand, Simpson said “while this agreement is not perfect, we feel like it is a good agreement, and preserves some of our Busk-Ivanhoe water and lets us all move forward.”

    A view of Ivanhoe Reservoir, where water from the upper Fryingpan River headwaters is collected before being sent under the divide to Busk Creek, Turquoise Reservoir, and then the Front Range.

    Started in 2009

    In December 2009, Aurora filed a water rights application in Division 2 Water Court in Pueblo to change the use of its water rights in the Busk-Ivanhoe transmountain diversion system in the Fryingpan River headwaters.

    The system, built in the 1920s, gathers water from Ivanhoe, Pan, Lyle, and Hidden Lake creeks and diverts the water through the Ivanhoe Tunnel to Turquoise Reservoir near Leadville before it is sent to East Slope cities. The system was built to deliver water to irrigators in the lower Arkansas River basin.

    The water rights to the system carry appropriation dates from 1921 to 1927, which makes them junior to the senior water rights on the Colorado River near Grand Junction known as the “Cameo call.”

    The Pueblo Board of Water Works bought half of the Busk-Ivanhoe system in 1972, and Aurora gradually secured its half-ownership in the system between 1986 and 2001.

    In its 2009 application, Aurora told the water court it wanted to change the use of its water in the Busk-Ivanhoe system from irrigation to municipal use.

    However, it also conceded it had already been using the Busk-Ivanhoe water for municipal purposes in Aurora, even though its water-right decree limited the use of the water to irrigation in the lower Arkansas River valley. It also came to light that Aurora was first storing the water in Turquoise Reservoir without an explicit decreed right to do so.

    That caught the attention of Pitkin County, the Colorado River District, a host of other Western Slope water interests, and the state engineer’s office, which administers water rights.

    As Ely put it in a June 13 memo to the Pitkin County commissioners, “In 1987, Aurora began using Busk-Ivanhoe water for undecreed municipal and residential purposes in an undecreed area, the South Platte Valley, after storing the water in an undecreed manner in Aurora system reservoirs.”

    Aurora’s stance was that since the water had been diverted under the Continental Divide, it didn’t matter how it used or stored the water, as it should make no difference to the West Slope. But an array of West Slope entities, including the Colorado River District, disagreed with Aurora’s position.

    In July 2013 the Western Slope entities and the state took Aurora to a five-day trial in Div. 2 Water Court in Pueblo, arguing that Aurora should not get credit for its 22 years of undecreed water use and storage.

    “It was always an issue of fact at trial as to how much water was in play because it depends on how you calculate the yield of the project,” Ely said.

    In 2014, thought, the district court judge in Division 2 ruled in Aurora’s favor, and the West Slope interests then appealed to the state Supreme Court.

    The appeal process prompted a host of entities on both sides of the Continental Divide to come forward and argue aspects of the case before the court. It also prompted a scolding of Aurora by former Supreme Court Justice Greg Hobbs over the use of undecreed water rights.

    In 2016, the Colorado Supreme Court reversed the lower court’s decision, ruled in favor of the Western Slope, and remanded Aurora’s original change application back to the lower court.

    “The Supreme Court wrote that notwithstanding the fact that the change application and original decree concerned developed transmountain water, water used for undecreed purposes cannot be included in a calculation for historic consumptive use and is therefore excluded from water available for change of use,” Ely wrote in his June 13 memo.

    So, rather than going back to Water Court and continuing to fight over the potential size of the Busk-Ivanhoe rights, which the West Slope now saw as being between zero and well-less than 2,416 acre-feet, Aurora began negotiating in January 2017 with the Western Slope entities still in the case, which included Pitkin County, Eagle County, the Colorado River District, the Grand Valley Water Users Association, the Basalt Water Conservancy District, Eagle County, Orchard Mesa Irrigation District, and Ute Water Conservancy District.

    Today, each of those entities is also a party to the intergovernmental agreement expected to be submitted to the water court in July, along with a proposed decree for Aurora’s Busk-Ivanhoe rights.

    Ely said Pitkin County didn’t start out in the case with an eye on securing 1,000 acre-feet for the Roaring Fork, but did have a local interest in the operation of the Busk-Ivanhoe project.

    “We weren’t doing it to obtain an end result, we were doing it because the [Busk-Ivanhoe] project is in our backyard and we felt it was the right thing to do,” Ely said. “And all the other dialogue developed after the trial and the Supreme Court decision.”

    At the time of the 2016 Colorado Supreme Court decision, Pitkin County had spent $353,000 in legal and other fees in the case, using money brought in by a tax to fund the county’s Healthy River and Streams program, which includes litigation in water court.

    Since then, Ely said the county had spent an additional $27,300 for hydrology and engineering work, but had not spent more on additional outside legal help, as he and Assistant County Attorney Laura Makar handled the settlement negotiations for the county.

    The dam across the main stem of the upper Roaring Fork that diverts water from Lost Man Creek and the Roaring Fork into a tunnel under Green Mountain and, eventually, into Grizzly Reservoir and the tunnel under Independence Pass to the Arkansas River basin. Some of the water owned by Aurora will be bypassed at this point to run down the Roaring Fork.

    Pan, or Fork?

    For Pitkin County and other Western Slope entities, it made more sense to negotiate with Aurora for some of the water it owns in the Independence Pass-Twin Lakes system rather than the Busk-Ivanhoe system, as any water bypassed by the Busk-Ivanhoe system would be scooped up by the Fry-Ark Project, which sits below the Busk-Ivanhoe system in the upper Fryingpan valley and also diverts water to the East Slope.

    Aurora owns 5 percent of the shares in the Twin Lakes Reservoir and Canal Co., which operates the Independence Pass Transmountain Diversion System. Its share of the water diverted each year from the top of the Roaring Fork equals about 2,100 acre-feet a year, so the 1,000 acre-feet of water equals about half of Aurora’s water in the Twin Lakes company.

    In the 10 years from 2007 through 2016, Twin Lakes Co. diverted a total of 485,762 acre-feet of water from the upper Roaring Fork River Basin through its diversion system, putting the 10-year average for that period at 48,567 acre feet. 2011 was the biggest year of diversions since 2007, with 67,463 acre-feet diverted, and 2015 was the lowest year since 2007, with 18,374 acre-feet diverted.

    Colorado Springs owns 55 percent of the shares in Twin Lakes Co., Pueblo 23 percent, Pueblo West 12 percent, and Aurora 5 percent. There are also other minority shareholders, holding 5 percent of the shares, still using the water from the system for agriculture.

    Twin Lakes is not a party to the intergovernmental agreement between Aurora and the West Slope entities, but it is willing to work with all involved to make the water deliveries as beneficial as possible for the Roaring Fork River.

    Ely said Pitkin Country was grateful for the willingness of the Twin Lakes Co. to work with the county and the Colorado River District to release the water in a way that benefits the river, even if it means more work for the operators of the Independence Pass-Twin Lakes system.

    According to Kevin Lusk, the president of the Twin Lakes Reservoir and Canal Co. and a senior engineer at Colorado Springs Utilities, the company is simply responding to the desires of a shareholder in the company, Aurora.

    He also said it’s legal under a 1976 water-rights decree held by Twin Lakes to bypass water for use on the West Slope instead of diverting it under the Continental Divide.

    “The decree allows for this type of operation and so really all we’re doing as a company is accommodating the request of one of our shareholders to do something that was contemplated and provided for in the decree,” Lusk said.

    And as part of the agreement, representatives from Pitkin County, the Colorado River District, Aurora, and Twin Lakes will meet each year to agree on a delivery schedule for the water that describes the “desired rate, timing, amount, location and ultimate use of the water, as well as the operational needs and constraints” of the Independence Pass-Twin Lakes diversion system.

    In a letter attached to the agreement laying out how Aurora and the Twin Lakes Co. plan to manage the releases, Aurora said it “would prefer the water to be delivered at times of the year and at locations that will provide the most benefit to the Roaring Fork River stream flow. Typically this will be in the second half of the summer, beginning July 15, through the fall season.”

    And Pitkin County feels the same way, according to Ely.

    “We would like it delivered later in the year when the flows of the river start to go down,” he said.

    However, Lusk at Twin Lakes said if the West Slope entities wait too long in the season to bypass the water, it may not be there to bypass.

    “I know that there is a great interest in saving a lot of this water and bypassing it at the end of the season,” Lusk said. “But it’s going to be a bit of a balancing act. You’ve got to take the water when it’s there, because if you don’t take advantage of it there won’t be any to release later.”

    Lusk also said that if the West Slope really wanted to take full advantage of the water, it might consider building a reservoir above Aspen to store the water at peak runoff and then release it later in the season.

    Grizzly Reservoir on Lincoln Creek, well above its confluence with the Roaring Fork River at Lincoln Gulch Campground. The reservoir briefly stores water before it is diverted under the Continental Divide.

    Flows on the Fork

    According to a draft resolution to be voted on by the Pitkin County commissioners Wednesday, there were several factors that went into the county’s goal of acquiring 1,000 acre-feet per year of water for the upper Fork, including “the expected amount of yield for Aurora in the Busk-Ivanhoe system; existing in-basin and out-of-basin diversions from the Roaring Fork River between Independence Pass through the City of Aspen; potential future demand on the river; extent of existing conditional water rights; and the results of a stream analysis and channel measurement study.”

    If the deal is approved, as soon as next year 700 acre-feet of Aurora’s water is expected to be captured briefly in the Independence Pass system, which includes dams on Lost Man Creek, the main stem of the Roaring Fork River, and on Grizzly Creek, and then released down either the Fork or Lincoln Creek toward Aspen.

    Another 200 acre-feet of Aurora’s Twin Lakes water will be held in Grizzly Reservoir on Lincoln Creek, which holds 570 acre-feet of water. That water will then be released late in the year, after most transmountain diversions have stopped, to bolster late-season flows in the river.

    “So it’s actually reservoir release of previously stored water, while the [700 acre-feet] is a true bypass of water that would have gone through the tunnel that day to the other side,” Lusk said. “It’s new for us. We typically don’t operate the reservoir that way. Typically we would run that reservoir quite a bit lower, just for safety-of-dam reasons. But this change in operation is going to be holding the reservoir up much fuller for a lot longer, and we just need to watch the behavior of the dam.”

    Another 100 acre-feet of water could also eventually be left in the Roaring Fork each year after a complicated exchange-of-water arrangement is worked out with Aurora and other parties on the Fryingpan River, which brings the potential total water left in the Fork to 1,000 acre-feet.

    There is also a drought contingency provision which will allow Aurora to bypass 100 acre-feet less than they would have under the deal if the water level in their system of reservoirs falls below 60 percent on April 1 in a given year. So in a dry year, that could bring additional flows in the Roaring Fork back to 900 acre feet.

    The upper Roaring Fork River at the Cascades at about 6 p.m. on Thursday, June 16, 2016, after Lincoln Creek surged into the Fork, about an hour after the Twin Lakes Tunnel was closed. When the Twin Lakes system is closed for whatever reason, as it has been the past several seasons, the Roaring Fork River leaps to life with renewed intensity.

    Other provisions

    The pending Busk-Ivanhoe settlement also includes a provision that allows the Basalt Water Conservancy District to store 50 acre-feet of water in Ivanhoe Reservoir, which holds 1,200 acre-feet of water and serves more as a forebay for the Ivanhoe Tunnel diversions than a storage reservoir.

    And, in a provision to Aurora’s benefit, the West Slope entities, including Pitkin County, have agreed not to fight, at least on a wholesale basis, the permitting of two potential reservoirs that Aurora is working on, Wild Horse Reservoir in South Park and Box Creek Reservoir, which could hold between 20,000 and 60,000 acre-feet on private land on the south flank of Mt. Elbert.

    “Any participation in the permitting processes by the West Slope Parties will not seek to prevent the project in its entirety and comments or requests may be raised only for the purpose of addressing water related impacts caused directly by either of the two above specified projects on the West Slope,” the draft agreement between Aurora and the West Slope says.

    The concession from the West Slope is significant as Box Creek Reservoir will be able to store water from the West Slope.

    The West Slope entities also agree not to oppose changes in diversion points tied to the Homestake transmountain diversion system in the Eagle River Basin, not to oppose Aurora’s efforts to repair the Ivanhoe Tunnel, which is also called the Carlton Tunnel. The tunnel was originally built as a railroad tunnel, and then used as a highway tunnel.

    Finally, the parties to the deal have agreed, in what’s called a “diligence detente,” not to challenge in water court for 15 years a list of conditional water rights, held by both East Slope and West Slope entities, that are required to periodically file due-diligence applications with the state.

    The list of conditional water rights includes rights held by Aurora tied to the Homestake project and rights by the Southeastern Water Conservancy District tied to the Fry-Ark Project. They also include rights held by the Colorado River District on a number of West Slope water projects, including the potential Iron Mountain Reservoir near Redcliff and the Wolcott Reservoir near Wolcott.

    Notably, the agreement does not include provisions to legally shepherd the water from the Independence Pass-Twin Lakes system all the way to the confluence of Maroon Creek, so it’s possible that diverters on the river near Aspen, such as the Salvation Ditch, could pick up the water left in the river.

    However, Ely said the county will seek cooperation from diverters on the river near Aspen.

    “We’ve had some conversations with water users on this side of the hill, and we’ve had conversations with the Division 5 engineer’s office, and we’re hopeful that when the water is being bypassed and put in the river and there is an increase of flow, folks won’t take advantage of that and we’ll be able to get it down through Aspen,” Ely said. “And eventually, you know things will change, and we hope to have that water associated with its own water right, so we can call it further down, but that won’t be the case right away.”

    An additional benefit to the deal, according to Ely, is that the management of the 1,000 acre-foot pool of water from Aurora may also lead to better management of a 3,000 acre-foot pool of water also available in the Independence Pass-Twin Lakes system.

    That pool was created to mitigate the impacts to the Roaring Fork River from diversions by the Fry-Ark Project on Hunter, Midway, and No Name creeks, which drain into the Fork in central Aspen. And while Twin Lakes releases the water down the Roaring Fork, releases from the Fry-Ark Project replace the water in Twin Lakes Reservoir, where both transbasin diversion systems can send water.

    For years, the water from the 3,000 acre-foot pool has been released at a rate of 3 cfs on a year-round basis and has not been timed to help bolster low-season flows. Now, given the greater cooperation over the management of the 1,000 acre-foot pool from Aurora, how the 3,000 acre-foot pool from Fry-Ark is managed may also change, to the benefit of the river.

    Aspen Journalism is collaborating on the coverage of rivers and water with The Aspen Times. The Times ran a shorter version of this story on Tuesday, June 12, 2018.

    Eagle River “State of the River” meeting, May 9, 2018 #ColoradoRiver #COriver

    From email from the Eagle River Water and Sanitation District (Diane Johnson):

    Join us Wednesday, May 9 at Colorado Mountain College in Edwards for the annual Eagle River Valley State of the River community meeting!

    Presented by the Eagle River Water & Sanitation District, the Colorado River District, and the Eagle River Watershed Council, this annual community meeting is free and open to the public.

    A casual reception begins at 5:15 p.m. with light dinner, soft drinks, and information tables that include the town of Vail’s Restore the Gore program. Presentations will follow from 6 to 8 p.m. You may RSVP via Evite, but none is required.

    Colorado’s assistant state climatologist, Becky Bolinger, will address what this winter’s snowpack means for rivers and water supply, both locally and downstream in the Colorado River system. Colorado River basin inflow into Lake Powell is projected to be less than 45 percent, while levels at lakes Powell and Mead continue an overall downward trend. Brent Newman with the Colorado Water Conservation Board will discuss how the seven basin states involved in the 1922 Colorado River Compact have been working to mitigate shrinking supplies.

    Andy Mueller will speak about West Slope water priorities: how the Shoshone Power Plant keeps flows in the Eagle River basin and how western slope agriculture provides recreational and environmental flows throughout the Colorado River basin. In January, Mueller became general manager of the Colorado River District, an 81-year old organization that works to protect Western Colorado water throughout its 15-county service area.

    Local experts will discuss how water needs in the upper Eagle River valley are met and what steps are being taken to better understand water resources within the county. Eagle River Water & Sanitation District staff will discuss the downward trend in local water use and how the Eagle River regional water efficiency plan will help valley residents and businesses waste less water and support stream health.

    Seth Mason of Lotic Hydrological will present an overview of the Eagle River Watershed Council’s exciting new project, the Eagle River integrated water management plan. The multi-year project is just beginning and has broad support and funding from local municipalities, Eagle County, Homestake Water Project, Climax Mine, Vail Resorts, Colorado River District, Eagle River Water & Sanitation District, and the Colorado Water Conservation Board.

    Agenda:
    5:15 p.m. Reception: Light dinner and soft drinks

    6:00 p.m. Welcome and Overview: Diane Johnson, Eagle River Water & Sanitation District

    6:05 p.m. Water Year 2018: Colorado snowpack, streamflow, and climate update
    Becky Bolinger, Colorado Climate Center, Colorado State University

    6:25 p.m. Colorado River water supply and demand – what‘s happening
    Brent Newman, Colorado Water Conservation Board

    6:50 p.m. Western Slope water challenges and priorities
    Andy Mueller, Colorado River District

    7:15 p.m. Meeting water needs in the upper Eagle River valley

    · More people using less water – the Eagle River regional water efficiency plan Linn Brooks, Amy Schweig, Maureen Mulcahy, Eagle River Water & Sanitation District

    7:40 p.m. The Eagle River Integrated Water Management Plan
    Seth Mason, Eagle River Watershed Council

    8:00 p.m. Adjourn

    For more information, contact Diane Johnson at 970-477-5457.

    State grants flowing into Colorado, Roaring Fork, and Eagle rivers — @AspenJournalism

    The Colorado River, flowing west at the wave in Glenwood Springs. The river, from Dotsero at the upper edge of Glenwood Canyon to DeBeque Canyon, is being studied as part of an integrated water management plan being prepared by the Middle Colorado Watershed Council. Photo credit: Brent Gardner-Smith

    From Aspen Journalism (Heather Sackett):

    Five water plans or projects concerning the Roaring Fork, Colorado and Eagle rivers are on track to receive $337,000 in state funds to study water users’ needs, plan for future water use and restore river ecosystems.

    The efforts include a web-based information system about the Roaring Fork River watershed, restoration work on the Crystal River near Carbondale, an agricultural-water study in Garfield County and funding for two integrated water management plans for the Eagle River basin and a section of the Colorado River.

    All five of the projects are part of a bigger effort toward stream management planning and list that goal in their grant applications. An objective of the 2015 Colorado Water Plan is to cover 80 percent of rivers with stream management plans.

    Such plans already exist, or are in process, for the Poudre River, the Crystal River, the North Fork of the Gunnison, the Upper Gunnison Basin and the San Miguel River and have been proposed on the Eagle, Yampa, Upper San Juan and Middle Colorado rivers.

    Looking upstream toward the confluence of the Roaring Fork River, left, and the Crystal River, right, just below Carbondale. More information about these and other rivers will be made available to the public with the help of a recent $37,000 state grant to the Roaring Fork Conservancy. Photo credit: Brent Gardner-Smith

    Roaring info, Crystal headgate

    Last month the Colorado River basin roundtable, which meets in Glenwood Springs and reviews and votes on water-project grant requests before sending them to the Colorado Water Conservation Board, approved a $37,000 request from the Roaring Fork Conservancy to create a $50,000 public interactive map and information system.

    Anyone from school kids to scientists would be able to access, search and sort data about the Roaring Fork. The project will organize the information contained in the 145-page Roaring Fork Watershed Plan so it’s easier for the public to find and understand.

    In March, the CWCB approved a $20,700 grant from the town of Carbondale to restore and enhance a half-mile stretch of the Crystal River near the state fish hatchery, as well as make improvements to the town-owned Weaver Ditch headgate and diversion structure.

    The project aims to restore ecological health by reconnecting the river with its flood plain, improve river channel stability and enhance a riverfront park with signs and trails. The project, at a total cost of $200,000, also is being funded by the town, Great Outdoors Colorado, and Aspen Skiing Co.’s environmental fund.

    The CWCB also approved grants last month to the Eagle River Watershed Council and the Middle Colorado Watershed Council. Both groups received funding for their respective stream management plans, which emphasize collaboration among water users. Eagle received approval for $75,000 and the Middle Colorado for $103,800.

    A rafter on the Colorado River looking upstream toward Glenwood Springs. The Middle Colorado Watershed Council has recently received a $104,000 state grant for its $415,000 integrated water management plan for the Colorado River between Dotsero and DeBeque. It will look at recreational and environmental flows, as well as consumptive use of water by ag and cities. Photo credit: Brent Gardner-Smith

    The Middle reach

    The Middle Colorado stream management plan will cover the main stem of the Colorado River from Dotsero to DeBeque. It will identify water needs for non-consumptive uses, like the environment and recreation, which depend on sufficient water left in a river or stream.

    The state funding will be used to evaluate ecosystem health and water quality, and to develop hydrologic flow models.

    “The question is if we see any issues that are flow-related and what additional flows do we need to attain a healthier ecosystem,” said Laurie Rink, executive director of the Middle Colorado Watershed Council.

    Rink will soon be moving into a project management position so she can devote more time to developing the stream management plan, and the watershed council will hire a new executive director.

    In addition to $103,800 from the state, the council is seeking funding from Garfield County, Rifle, Glenwood Springs, the Colorado River District, and the Tamarisk Coalition for a project total of about $415,000.

    An irrigation ditch south of Silt, and the Colorado River, moves water toward a field. The state of irrigated agriculture in Garfield County is expected to get a closer look as part of an integrated water management plan being prepared by the Middle Colorado Watershed Council. Photo credit: Brent Gardner-Smith

    Ag water

    A key to understanding the Middle Colorado River and its tributaries is also understanding agriculture’s use of water from the river system. But the ag community has historically been hesitant to participate in studies that focus on recreation and environmental concerns. This study aims to bring them into the fold of stream management planning.

    To help get consumptive users involved, three regional conservation districts, the Bookcliff, South Side and Mount Sopris districts, have teamed up to do their own study of ag’s use of water.

    “We really want to understand for our watershed both the consumptive and non-consumptive uses we have and what gaps exist,” Rink said.

    At its March meeting the Colorado basin roundtable approved a $100,000 grant request for the three conservation districts to create an “agriculture water plan” for Garfield County that will inform the stream management plan being done by the Middle Colorado council.

    That grant request now goes to the CWCB in May.

    “The dry year is the immediate impetus, and the future of our water rights,” said Liz Chandler, program coordinator of the ag-water study. “With the looming prospect of a compact call, the agriculture community needed to get much more involved with a planning process to make sure agriculture’s voice is heard loudly and clearly.”

    The ag-water study would focus on ag lands between Glenwood Springs and DeBeque, and aims to determine the current irrigated acreage and to conduct an inventory of irrigation ditches.

    The study also would determine water needs for the crops and develop a plan to protect agriculture water.

    A sprinkler irrigating a pasture north of New Castle. Three conservation districts have secured a $100,000 grant from the Colorado River basin roundtable to study consumptive use of water by ag, and cities, between Glenwood and DeBeque. Photo credit: Brent Gardner-Smith

    “100 percent public”

    In 2016, the Eagle County Conservation District completed a similar irrigation asset inventory, the results of which officials said should remain private, although the study was paid for with public funds.

    But unlike that study, Chandler said the results of the Garfield County study will be “100 percent public information.”

    “The end goal of our project is very different from Eagle,” Chandler said. “They wanted to get shovel-ready projects for their diverters. We want to create an integrated water plan. And we have so much more agriculture down here than Eagle does.”

    The dam in the Eagle River headwaters that forms Homestake Reservoir, which diverts water to the Front Range. The Eagle River Watershed Council was granted $75,000 from the CWCB last month toward an integrated water management plan for the Eagle River basin, which faces more transmountain diversions. Photo credit Brent Gardner-Smith

    Eagle River Watershed

    A few miles upstream, the Eagle River Watershed Council is developing its own stream-management plan.

    Its plan aims to develop water management recommendations based on three factors the watershed will face in the coming years: increased municipal demand for water that comes from population growth, climate change, and still-to-be-developed projects related to the “Eagle River MOU” project, which could include new or expanded reservoirs and transmountain diversions to the Front Range.

    “Collaboration is absolutely critical to this plan,” said Holly Loff, executive director of the Eagle River Watershed Council. “In creating the scope of work, we reached out to all the people we thought should be participating as a stakeholder and clumped them together in six different groups: local government, agriculture, recreation, conservation, federal and state agencies, East Slope water interests and West Slope water interests.”

    Loff said she expects the entire stream-management planning process will take three years to complete.

    In addition to the $75,000 from the state, the Eagle River Watershed Council also expects to receive money and in-kind donations from Vail Resorts, Homestake Water Project Partners (Aurora and Colorado Springs), the towns of Avon, Gypsum, Vail and Minturn, Eagle Park Reservoir Company, Climax Mine, Eagle County, and the Colorado River District for a combined total project cost of nearly $390,000.

    Editor’s note: Aspen Journalism is collaborating on coverage of rivers and water with the Vail Daily, the Summit Daily, the Glenwood Springs Post Independent, and The Aspen Times. The Times and the Post Independent published this story on Monday, April 9, 2018.

    The Eagle Valley Land Trust and the Eagle River Watershed Council hope that area businesses will collect 1% fee for streams

    Eagle River Basin

    From The Vail Daily (Pam Boyd):

    The 1% for Land and Rivers initiative is pretty self-explanatory. The organizations are reaching out to area merchants willing to impose a voluntary 1 percent fee on transactions, with the money going to the two sponsoring nonprofits. Participating businesses will display signs noting their participation in the program, and customers will have the option to opt out of the payment at the time of purchase.

    Jim Daus, executive director of the Eagle Valley Land Trust, was inspired to launch the program in Eagle County after studying similar efforts in the Crested Butte and Buena Vista areas. Program participants in those communities told Daus that customers were overwhelmingly supportive of their programs and, during their operation, only one or two people a year ask to opt out of paying the 1 percent fee.

    “This is a way for everyone in the community to give a little bit,” Daus said. At 1 percent, the fee is a penny on a $1 purchase, a dime on a $10 percent or a dollar and on $100.

    Every type of business is welcome to participate, and the Land Trust and Watershed Council are willing to help get the program started. In addition to providing signs for both the business front entry and cash register area that announce participation in 1% for Land and Rivers, program volunteers can work with business owners to launch the effort. Program literature notes that point-of-sale setup should be very simple, but if a merchant has issues, then the program can provide a $100 credit if a business needs to contact its bookkeeper or other professional point-of-sale representative.

    “Don’t overthink the opt-out. It is very rare that people opt out (typically less than one customer per five years). There are several simple ways other businesses handle this. For businesses that provide bids and invoices, we’ll provide sample language showcasing your support of land and rivers,” the program statement says.

    All donations received from 1% for Lands and River will be used directly by the Land Trust and the Watershed Council within the Eagle River and Colorado River watersheds to help fund their objectives of promoting clean water and responsible growth through preservation of open space, agricultural operations, fish and wildlife habitat, public recreation, scenic vistas and significant natural resources. The organizations are proud to share the work they have done with landowners and local, state and federal agencies to help identify and protect land and water with key values.

    More than 7,700 acres of Eagle County land have been placed in conservation easements, while many projects are currently underway that will significantly add to this acreage. More than 40 miles of stream banks and fish habitat have been restored and protected. Every year, more than 5,000 points of water quality data are collected and analyzed in an effort to stay ahead of threats to stream health.

    Drought response preparations becoming more ‘routine’ for Eagle River Basin — @AspenJournalism

    Eagle River Water & Sanitation District staff members with Upper Eagle Regional Water Authority board members and representatives of the town of Avon, Mountain Star Association, and contractors involved in developing and constructing the 270,000-gallon water storage tank in Mountain Star.

    From Aspen Journalism (Heather Sackett):

    Winter in the Eagle River Basin has gotten off to a slow start, leading water managers to keep a close eye on snowpack and spring streamflow predictions.

    As of Wednesday, Jan. 17, the Upper Colorado River headwaters were at 84 percent of normal precipitation for this water year, which runs from October 2017 through September 2018. The current snow totals could have big implications for the region’s water provider, the Eagle River Water & Sanitation District.

    The Eagle River Water & Sanitation District monitors three snow telemetry, or SNOTEL, snow-measurement sites: Vail Mountain, Copper Mountain, and Fremont Pass. The Vail and Copper sites indicate what spring runoff might look like in Gore Creek and the town of Vail, according to district Communications and Public Affairs Manager Diane Johnson.

    The Fremont Pass site is near the headwaters of the Eagle River, which indicates what runoff might look like in Avon and Edwards. As of Tuesday, Jan. 16, the Vail SNOTEL site was at 49 percent of normal, while the Copper and Fremont sites were at 87 percent and 100 percent, respectively.

    “As a local water provider, where we want to see what might be available for our customers is right here in our basin,” Johnson said.

    The Eagle River Water & Sanitation District is the second-largest water provider on the Western Slope. While most of the water for Colorado’s Front Range is stored in large reservoirs, Eagle River Water & Sanitation District reservoirs are augmentation and not used for direct supply.

    ‘Paying closer attention’

    Streams need to flow to supply water to customers. That’s why Eagle River Water & Sanitation District is keeping a close eye on snowpack levels and streamflow predictions.

    “We are paying closer attention,” Johnson said. “By the end of February, we might move a little bit more on that.”

    According to the January Natural Resources Conservation Service Streamflow Forecast Summary, the Eagle River below Gypsum is predicted to have a streamflow that is 79 percent of average. No forecast point in the state is predicting above-normal streamflows.

    “Eagle looks to be reasonably well set up to have potentially near-average streamflows,” said Karl Wetlaufer, a hydrologist with the Natural Resources Conservation Service snow survey. “Eagle is kind of in the middle of the pack, but in general, that region is faring as well as anywhere in the state.”

    While Johnson said the Eagle River Water & Sanitation District does not feel either anxious or optimistic yet, staff members have been reviewing procedures from 2012, should 2018 turn out to be another drought year.

    One of the biggest water savings comes from reducing outdoor use such as watering lawns and landscaping. According to Johnson, about 95 percent of water used indoors returns to the river after it’s been treated and somewhere between 15 percent and 40 percent of water used outdoors returns to the river.

    “Indoor use has much less of an effect on the overall streamflow,” Johnson said. “So for us, that is a really huge thing around how we operate in low water years.”

    In 2012, Eagle River Water & Sanitation District held stakeholder meetings throughout the spring, so water users were aware they might be asked to cut back. The goal was to find a healthy balance between using less water but not negatively impacting the economy or home values, part of which is having aesthetically pleasing greenery and landscaping.

    Watering schedule

    An outdoor watering schedule that permits watering three days a week before 10 a.m. or after 4 p.m. is in effect year-round. Unlike other water providers, where restrictions may be triggered when a reservoir dips below a certain level, Eagle River Water & Sanitation District does not have a specific threshold when more stringent regulations would be implemented.

    Johnson said the district made some operational changes to respond to the 2012 drought, such as reassigning staff, closely monitoring streamflows, and fireproofing the valley’s 50 water storage tanks and booster pump systems.

    Although they are not switching gears just yet, if dry conditions continue in Eagle River Water & Sanitation District’s service area again this year, then the water provider will respond much as it has in years past, Johnson said.

    “I would say we are prepared,” Johnson said. “We have done this before. It’s kind of a bummer that it was only six years ago. I think as the new normal is established, a lot of this is becoming routine. We did not have water regulations prior to the 2000 drought, but by 2012, the regulations were known. We are investing a little bit of time now, but it’s too early to go full force.”

    The statewide stats are stark. According to Wetlaufer, as of Tuesday, the 2018 water year has received just five inches of snow-water equivalent to make for the third-lowest snowpack statewide on record. Only 1980 and 2000 were drier, with 3.7 inches and 4.8 inches of snow-water equivalent, respectively.

    Not even last week’s storms made much of a difference on a Colorado River Basin-wide scale. But snowpack totals vary by region, with the northern part of the state generally doing better than the southern half.

    “The San Juans have seen it the most with very minimal precipitation for the last four months. … We are dealing with a pretty substantial deficit at this point,” Wetlaufer said.

    Editor’s note: Aspen Journalism is collaborating with the Vail Daily, the Summit Daily, The Glenwood Springs Post Independent, and The Aspen Times on coverage of rivers and water. The Vail Daily published this story on Friday, Jan. 19, 2017.

    Colorado Drought Monitor January 30, 2018.

    The latest “The Current” newsletter is hot off the presses from the Eagle River Watershed Council

    Gore Creek is healthy as it emerges from the Eagles Nest Wilderness Area, but has problems soon after, via The Mountain Town News. All photos by Jack Affleck.

    Click here to read the newsletter. Here’s an excerpt:

    Where does all the traction sand go on Vail Pass?

    The arrival of snow means traffic on I-70 over Vail Pass bustles with skiers and visitors to and from the Front Range, with cars braving storms and bumper-to-bumper traffic in search of a powder day. Without the help of traction sand or de-icers, our ability to constantly travel across the state would not be possible.

    Roughly 5,000 tons of traction sand are laid down on Vail Pass each year, but where does all that sand end up? Originating from aggregate mines from the Western Slope and stored in the igloo tent atop Vail Pass, the sand is sprinkled along the highway corridor to ensure safer travel along the pass. Colorado Department of Transportation (CDOT) enlists contractors each year to come through in the late summer with vacuum trucks to suck up the remaining sand on the road ways and median. The used sand is then brought down to the berms that line the north side of the highway in East Vail. Sand is also flushed by rain and snow over the embankments and carried into sediment-catch basins or into Black Gore Creek, which closely parallels about 10 miles of the interstate from its headwaters at Vail Pass to the confluence of Gore Creek.

    Extensive sediment loading to Black Gore Creek from nearly three decades of I-70 operations have severely impaired the stream, resulting in losses of aquatic habitat, impacts to wetlands and an overall reduction in water quality. In addition, the accumulation of sediment in Black Lakes near Vail Pass encroaches upon the storage capacity of water supply reservoirs that serve Vail and are used to maintain instream flows.

    Black Gore Creek Steering Committee’s Efforts

    Since 1997, the Black Gore Creek Steering Committee (BGCSC), headed by Eagle River Watershed Council, has worked to mitigate the impacts to Black Gore Creek and the health of its aquatic life. The committee is made up of a number of important partners in the community, including Eagle River Watershed Council, Colorado Department of Transportation, Eagle County, U.S. Forest Service, Town of Vail, Eagle County, Eagle River Water & Sanitation District, Lotic Hydrological, River Restoration, Colorado Parks & Wildlife, Colorado Department of Public Health & Environment, and concerned citizens.

    In 2002, Black Gore Creek was listed on the State’s 303(d) list of impaired waters for sediment—which is different than Gore Creek’s more recent listing in 2012 for aquatic life impairment. Although the State has yet to come out with a limit of how much traction sand can enter the creek, CDOT, in collaboration with the other BGCSC partners, has taken great initiative to address these issues over the past 10 years.

    Recent Accomplishments

    To date, CDOT is picking up nearly the same amount of traction sand as they are putting down annually, which has improved since the years when no cleanup occurred, and the basins slowly filled.

    Besides capital improvement projects such as repaving the medians and bike path enhancements, one of the most significant improvement projects has been the identification of a long-term maintenance solution for the Basin of Last Resort. A 3-acre section of Black Gore Creek around mile marker 183 on I-70, the Basin is a control structure that traps sediment missed by upstream catch basins. There has been concern with its effectiveness as the basin fills with sediment. In the fall of 2017, construction of a road allowing for easier access to excavate the basin more regularly and efficiently was finalized.

    More work is to be done, however, as the goal is to have less sediment reach the Basin of Last Resort in the first place. Through field assessments, mapping activities, and sediment transport modeling, consultants to Eagle River Watershed Council, namely River Restoration and Lotic Hydrological, are working to identify opportunities for capturing traction sand before it leaves the highway corridor and enters the creek.

    Traction Sand vs. Mag Chloride

    CDOT has also installed sophisticated software in their plowing vehicles that senses how much traction sand or de-icer they should be applying on any given segment of the highway. The increased prevalence of de-icers, commonly referred to as “mag(nesium) chloride,” has been an inevitable outcome from the pressure on CDOT to reduce the amount of traction sand applied. Although very effective at melting snow and preventing ice formation, de-icers aren’t without their downsides. Studies have shown that elevated levels of chloride in rivers can be detrimental to aquatic life. The Watershed Council and CDOT both conduct chloride-loading studies to understand how chloride concentrations differ in Black Gore Creek and Gore Creek and whether they are approaching harmful levels.

    “We don’t see the kinds of widespread impairments of the biological communities on Black Gore Creek that you would expect if they were really being negatively impacted by chloride. The health of those communities may be somewhat limited, but they do not meet the Colorado State definition for impairment right now,” reports Seth Mason of Lotic Hydrological. That is not to say that we shouldn’t be concerned about chloride levels in Black Gore Creek. While macroinvertebrate communities in Black Gore Creek may look better than those on Gore Creek through Vail, they may be stressed by elevated chloride concentrations and more vulnerable to other impacts on the creek. While more studies chloride’s effects are needed, the BGCSC is committed to not replacing one pollutant with another.

    Related to Gore Creek’s Woes?

    With all the recent attention on the Restore the Gore effort surrounding Gore Creek, some long-time locals believe the impacts from Black Gore Creek are at fault. Up until 2012, the State associated high sediment levels automatically with impaired aquatic life. In conducting macroinvertebrate sampling in our watershed, we are finding that aquatic bug scores on Black Gore Creek are healthier than those in the highly developed sections of Gore Creek through Vail. This along with other evidence leads to the belief that stormwater runoff from impervious surfaces in town and the loss of riparian areas along Gore Creek from development are a greater contributor to Gore Creek’s impairments.

    The important efforts on Vail Pass have not slowed–in fact CDOT has spent about $7 million since 2013 to clear out the catch basins and sweep our roadways. The Watershed Council will continue the collaborative dialogue and mitigation efforts of the stakeholders to ensure the important progress continues in keeping our waterways healthy and clean.

    #Snowpack news: High hopes for February

    Screenshot of the NRCS interactive SWE map for major sub-basins on January 29, 2018.

    From The Vail Daily (Scott Miller):

    February will tell us a lot about a couple of things.

    The first thing is whether there’s any chance of getting even sort-of caught up with the area’s annual snowpack.

    The second thing is whether there’s any chance of getting even sort-of caught up with visitor numbers.

    Both of those things are intertwined, of course. Snowpack is essential for water for the coming spring, summer and fall. Snowpack is also essential to bring snow-riding visitors…

    “Without (a strong) February, I don’t know if we can catch up,” [Chris Romer] said. Those numbers may tell lodging and other businesses if there’s still high demand or if owners and managers need to adjust their revenue and expenses — staffing and purchasing — to adjust.

    February’s snowfall will also tell us a lot about the water year to come.

    Andrew Lyons, a forecaster in the National Weather Service’s Grand Junction office, said a ridge of high pressure — either over California’s Pacific coast or in the desert Southwest — has for the past few months been forcing storm tracks to the north of Colorado.

    The northern part of the state has done better regarding snowfall, Lyons said. Still, virtually the entire state is in some form of drought on the U.S. Drought Monitor — from “abnormally dry” to “moderate drought.”

    As is usually the case in years when a La Nina pattern is established in the Pacific Ocean — even like this season’s weak pattern — Southern Colorado has borne the brunt of the dry conditions.

    Assistant State Climatologist Becky Bolinger said “there’s almost zero chance” that the San Juan Mountains will catch up to anything resembling normal snowfall this season.

    Still, reservoir storage around the state is in good shape to weather a one-season drought.

    But water supplies in the Eagle River Valley are dependent more on streamflows than reservoir storage. The good news, Bolinger said, is that snowpack figures at higher elevations tend to be stronger than those at lower elevations.

    The highest-elevation measurement site for the Eagle River is at nearby Fremont Pass, located above 11,000 feet. The snowpack there is currently at just more than 100 percent of the 30-year median snowfall amount.

    Still, the current outlook is sobering for the entire Colorado River basin.

    According to the Colorado River Basin Forecast Center the forecast for stations at Eagle and Gypsum is for spring runoff to be roughly 66 percent of the 30-year medians.

    There’s still time to make up ground in terms of snowpack, Bolinger said — March and April are the snowiest months. Still, she said, a lot of snow is needed.

    Lyons said historical patterns lean toward more snowy patterns in March and April. But, he said, the longterm outlook is for lower-than-average precipitation and warmer-than-average temperatures.

    The Eagle Mine Superfund Site is on the @EPA list for cleanup and redevelopment

    Eagle Mine

    From RealVail:

    Today (Wednesday, Jan. 17), the U.S. Environmental Protection Agency (EPA) identified the Eagle Mine Superfund site in Eagle County, Colo. as among 31 current and former National Superfund Priorities List (NPL) sites with the greatest expected redevelopment and commercial potential.

    “EPA is more than a collaborative partner to remediate the nation’s most contaminated sites, we’re also working to successfully integrate Superfund sites back into communities across the country,” said EPA Administrator Scott Pruitt. “Today’s redevelopment list incorporates Superfund sites ready to become catalysts for economic growth and revitalization.”

    EPA’s redevelopment focus list includes a portion of the Eagle Mine Superfund site that has been identified for potential residential development. EPA and the Colorado Department of Public Health and Environment are currently working with a development company, Battle North, LLC, to complete environmental investigation and cleanup actions necessary to allow for future residential use. In 2017, EPA selected a remedy for this area to achieve the additional cleanup of surface soils to levels that would allow for future residential development. These actions will include the excavation, containment and disposal of soils at a solid waste facility, the installation of a soil exposure barrier, and the implementation of institutional controls.

    The 235-acre Eagle Mine Superfund site is located one mile from the town of Minturn and 75 miles west of Denver and is bordered by the White River National Forest. The Eagle River runs through the site. Gold, silver, copper and zinc mining and production took place on the site at various times between the 1880s and 1984 leaving high levels of metals in soils, surface water and groundwater. EPA placed the site on the NPL in 1986. To date, cleanup has included the removal of contaminated soils and sediments, containment of mine seepage and runoff, monitoring of surface water, groundwater, pool water and stream water, and land use controls. These actions have achieved significant water quality improvements in the Eagle River, an important recreational asset and a now-thriving trout fishery.

    “The Eagle Mine site offers a great example of how EPA is working with local interests to secure the productive reuse of Superfund sites,” said EPA Regional Administrator Doug Benevento. “Over the past decades, cleanup actions taken at the Eagle Mine site have addressed soil, groundwater, and mine waste contamination and significantly improved water quality in the Eagle River. Our recent efforts with the Colorado Department of Public Health and Environment and Battle North build upon that progress with new remedies for soil contamination that will make portions of the Eagle Mine site ready for residential use.”

    Superfund redevelopment has helped countless communities reclaim and reuse thousands of acres of formerly contaminated land. Superfund sites on the list have significant redevelopment potential based on previous outside interest, access to transportation corridors, land values, and other critical development drivers.

    Eagle River Watershed Council restoration projects update

    The Eagle River roils with spring runoff in June 2011 near Edwards, Colo. Photo/Allen Best

    From the Eagle River Watershed Council via The Vail Daily:

    The Eagle River Watershed Council recently completed two riparian habitat restoration projects in collaboration with Vail Resorts’ EpicPromise. The Watershed Council worked with more than 160 volunteers from Vail Resorts to complete projects that restored and enhanced degraded riparian areas, which can cause diminished in-stream water quality and reduced wildlife habitat.

    At the Edwards Eagle River Restoration Site, more than 100 EpicPromise volunteers helped install nearly 5,000 willow transplants along areas of the Eagle River that have experienced degradation due to undirected social trails and bushwhacking. Educational signage was also installed reminding riverside residents not to disturb these critical riparian plants by trampling them. The new willow plantings will help create wildlife habitat and improve water quality.

    The Watershed Council used the help of more than 50 Vail Resorts volunteers for a second project, which was funded by the Colorado River District and the Forrest & Frances Lattner Foundation. The volunteers helped the Watershed Council improve a stretch of habitat along the Eagle River just outside of Eagle-Vail by planting 200 native trees and shrubs.

    This area was selected for restoration because of significant impacts associated with storm water runoff from a recreational bike path, U.S. Highway 6 and Interstate 70. The establishment of a healthy riparian area will improve water quality by filtering sediment and pollutants that would have otherwise entered the Eagle River.

    More information on other volunteer opportunities with Eagle River Watershed Council can be found in the organization’s monthly newsletter or online at http://www.erwc.org.

    The latest “The Current” newsletter is hot off the presses from the Eagle River Watershed Council

    Click here to read the newsletter. Here’s an excerpt:

    Cutthroat Trout Habitat Restoration Project

    Thanks to the very hard work of our volunteers, the U.S. Forest Service, and National Forest Foundation, the Watershed Council was able to complete our cutthroat trout habitat restoration project on Shrine Pass before the snow began to stick. Over 3 miles of a closed Forest Service road, which was contributing sediment to Turkey and Lime Creeks and degrading spawning habitat, was scarified (making it impassible to 4-wheel drive traffic) and reseeded with a native seed mix and erosion control fabric to return it to its natural state.

    In total, three miles of stream bank, 10 acres of watershed, and 20 acres of wildlife habitat were enhanced. These efforts will establish a healthy riparian buffer which will improve instream water quality by filtering sediment and pollutants that would otherwise enter Turkey and Lime Creeks.

    Keeping natives alive on Abrams Creek — Colorado Trout Unlimited

    Cutthroat trout historic range via Western Trout

    Here’s the release from Colorado Trout Unlimited (Randy Scholfield):

    Living with less water—that’s the reality facing all of us who depend on the Upper Colorado River for our drinking water, food production, and outdoor recreation.

    A recent scientific paper found that the Upper Colorado River Basin has lost 7 percent of its flows in last three decades due to higher temperatures caused by human-induced climate change. In a basin that supplies water for 40 million people and where every drop is used and accounted for, that’s only the latest red flag that our world is changing and that we need to take collective action to keep our rivers and communities healthy.

    That’s why projects like Abrams Creek are so important.

    This tiny creek outside of Gypsum has a rare population of native Colorado River cutthroat trout that’s genetically unique and the only aboriginal trout population in the Eagle River watershed. And because Abrams Creek has a lower elevation than many cutthroat streams, say biologists, its native trout might be better adapted to warmer temperatures—another reason why this vulnerable fish population is important to preserve.

    For more than a century, however, Abrams Creek has been dewatered by irrigation diversions that drastically reduce its flows in late summer and fall. The trout have been hanging on, but they’re seriously pressured. Colorado Parks and Wildlife has called this population the “highest priority” for cutthroat conservation efforts in Western Colorado.

    In 2016, Trout Unlimited’s Mely Whiting helped negotiate a deal with the local irrigation company, Buckhorn Valley Metro District, which agreed to pipe their irrigation ditch and thereby reduce leakage by 40 percent, with the water savings going back into the creek to keep the fish healthy.

    The biggest hurdle was money. Piping the irrigation ditch along several miles of ditch would cost more than $1 million.

    A year later, says Whiting, this fundraising goal has been met, thanks to efforts by TU, Eagle Valley Trout Unlimited, Buckhorn Valley, CPW and the Eagle River Watershed Council, who secured grants from a variety of sources, including the Colorado Water Conservation Board, Colorado River Basin Roundtable, Bureau of Reclamation and the town of Gypsum, as well as donations from BLM, Colorado’s Species Conservation Fund and local busnesses Fortius Realty, NAI Mountain and Alpine Bank.

    “Turns out, a lot of people were ready and willing to step up to protect this jewel of a stream,” says Whiting. Because of these collective efforts, she says, the project is officially a go. Construction is expected to start next year on piping the ditch, and the future of Abrams Creek cutthroats looks bright.

    In an age of changing climate and paralyzing partisanship, it’s easy to get discouraged about the prospects for our rivers and streams.

    One lesson of Abrams Creek: In a world of less water, there’s hope for preserving the health and quality of our rivers, fish and wildlife if we dig in and work together on solutions.

    For more information and to donate to the project, go to TU’s Abrams Creek project page.

    Randy Scholfield is Trout Unlimited’s director of communications for the Southwest.

    Water Update — Colorado Central Magazine

    Roberto Salmon and Edward Drusina at the Minute 323 signing ceremony September 27, 2017. Photo credit .U.S. Bureau of Reclamation.

    Here’s my latest column for Colorado Central Magazine

    MINUTE 323

    Several tributaries of the Colorado River get their start in the crags of the Central Colorado mountains. Storied rivers: Blue, Eagle, Roaring Fork and the powerhouse Gunnison. They’ve all faced the footstep of humankind. The mines dotting the slopes, hay fields, ranching, orchards and cornfields bear witness and are now part of the allure of the high country. Folks cast a line, shoot rapids and enjoy the scenery of those waterways.

    On September 27, 2017, the International Boundary and Water Commission, United States and Mexico inked Minute 323, the amendment to the 1944 United States-Mexico Treaty for Utilization of Water covering operations on the Colorado, Rio Grande and Tijuana rivers. (The Rio Grande is another of Central Colorado’s contributions to the Western U.S. economy.)

    An important part of Minute 323 are environmental flows for the Colorado River Delta. Most everyone knows the river doesn’t reach the sea any longer. Environmental streamflow was initiated under Minute 319 signed by then Secretary of Interior Ken Salazar.

    Young girl enjoying the river restored temporarily by the pulse flow March 2014 via National Geographic

    In March 2016 a diverse group of conservationists, biologists, irrigators and government officials effected a release of 100,000 acre-feet of water from Morelos Dam into the dry Colorado River Delta. There was a line of vehicles racing point to point along the river to witness the river’s front. At San Luis Rio Colorado, most of the residents went down to the river to celebrate the return of the river although many had no memory of running water in the sandy channel.

    There was a great deal of success from channeling some of the streamflow to restoration sites in the Delta. Within weeks, new growth sprouted – cottonwoods and willows. Much of the diverted water served to replenish groundwater supplies. Wildlife immediately started using the habitat.

    There probably won’t be a repeat of the Colorado River once again reaching the sea. The environmental flows in Minute 323 are planned to be set to work in the restoration of the Delta. It was great to see the river reach the sea but the conservationists want to concentrate flows like irrigators do for maximum yield.

    Another feature of the deal allows Mexico to store water in Lake Mead to better manage their diversions for agriculture. The U.S. is also helping to rebuild and upgrade Mexican infrastructure. Under Minute 319, Mexico was allowed to continue storing water, and that water was used for the pulse flow. The idea is that greater efficiency in Mexico will lead to more storage in Lake Mead.

    Currently, Arizona, California and Nevada are working on a drought contingency plan to stave off a shortage declaration in Lake Mead. Arizona’s Colorado River allocation takes a big hit under a declaration. Mexico’s water in Lake Mead will help. Negotiations about the drought contingency plan will now move forward with greater certainty with the signing of Minute 323.

    The final signatures for the Minute came from Roberto Salmón (Mexico) and Edward Drusina (U.S.). There were several officials from President Obama’s administration in attendance, including Jennifer Gimbel and Mike O’Connor. The negotiations started before last year’s election but did not conclude before the inauguration.

    Minute 323 is an important piece of the puzzle for administering the Colorado River.

    Central Colorado is joined at the economic hip with the Colorado River. A lot of transbasin water flows down the Arkansas River from the Twin Lakes and Fryingpan-Arkansas projects. Some is pumped over to South Park by Colorado Springs and Aurora but most of it goes down to Lake Pueblo and the Fry-Ark partners. Colorado Springs, Fountain and Security pump some back north in the Fountain Valley. Cities along the river divert and treat the water for their populations. The water also is used to grow the famous crops in the Arkansas Valley: Rocky Ford melons, Pueblo chile, corn and others. Timing the releases from Twin Lakes and Turquoise Reservoir also contributes to the rafting economy. 100 miles of the Arkansas River are designated as gold medal fisheries. Transbasin flows help the riparian habitat.

    SHORT TAKES

    • Comments about managing the Arkansas Headwaters Recreation Area are due by November 10, 2017. Check out the AHRA Plan Revision page on the Colorado Parks & Wildlife website.

    • Congratulations to Wet Mountain Valley ranchers Randy and Claricy Rusk for winning the Dodge Award for a lifetime of conservation from the Palmer Land Trust.

    • Congratulations to the Colorado Parks & Wildlife folks at the Roaring Judy Hatchery for successfully spawning the line of Cutthroat trout rescued from Hayden Creek during the Hayden Pass Fire.

    • James Eklund has moved on from the Colorado Water Conservation Board and Becky Mitchell is the new director.

    • Coloradans cam now legally collect rain off their roofs. Governor John Hickenlooper signed House Bill 1005 in May.

    • R.I.P. Gary Bostrom. He was one of the driving forces behind Colorado Springs’ $825 million Southern Delivery System.

    John Orr works for a Front Range water utility where he keeps one eye on the sky to monitor Colorado snowpack. He covers Colorado water issues at Coyote Gulch (www.coyotegulch.blog) and on Twitter @CoyoteGulch.

    Martha Gomez-Sapiens, a monitoring team member and postdoctoral research associate in the UA Department of Geosciences, stands on a riverbank next to willows and cottonwoods that germinated as a result of the pulse flow. (Photo: Karl W. Flessa/UA Department of Geosciences)

    @EPA and the State of Colorado release plans to protect water quality, enable land reuse at the Eagle Mine Superfund Site

    Eagle Mine

    Here’s the release from the Environmental Protection Agency (Richard Mylott):

    Actions build upon prior cleanup efforts

    The U.S. Environmental Protection Agency (EPA) and the Colorado Department of Public Health and Environment (CDPHE) have released two final Records of Decision for environmental remediation at the Eagle Mine Superfund Site in Eagle County, Colorado, following the consideration of input received through a public comment process. Both documents, specifying measures to protect water quality and facilitate site reuse, focus on further reducing exposure to heavy metal contamination created by nearly one-hundred years of mining activity at the site.

    “These actions reflect both EPA’s and CDPHE’s commitment to efficiently evaluate conditions and protect human health and the environment at the Eagle Mine Superfund Site,” said EPA Assistant Regional Administrator Betsy Smidinger. “Together, we are strengthening the water quality improvements we have achieved in the Eagle River and providing opportunities to bring lands back into safe, productive reuse. EPA remains committed to improving environmental conditions and human health for Americans that live and work near Superfund sites.”

    The amended Record of Decision finalized for Operable Unit 1 (OU1) at the Eagle Mine Superfund Site adopts site-specific arsenic remedial goals and modifies surface water cleanup levels for cadmium, copper and zinc to meet more recent standards established for the site by the Colorado Water Quality Control Commission in 2008. Water quality monitoring in the Eagle River indicates that these standards for cadmium, copper and zinc are not attained in March and April of most years. The OU1 Record of Decision requires institutional controls to protect existing remedial features and expands the current groundwater collection system in Belden and at the mouth of Rock Creek to further reduce metals loading to the Eagle River.

    EPA and CDPHE have also finalized a separate Record of Decision for Operable Unit 3 (OU3) focused on soil remediation necessary to protect human health should future residential development occur. EPA created OU3 after a developer purchased a large portion of the Eagle Mine Superfund Site in 2004 with plans to develop the property into a private, residential community. The Record of Decision for OU3 includes a combination of the following elements for areas proposed for development: excavating soil; placing a soil exposure barrier; grading the site; placing institutional controls and conducting monitoring; and/or demolishing structures.

    The Eagle Mine Superfund Site is located in Eagle County, Colorado. The site is defined as the area impacted by past mining activity along and including the Eagle River between the towns of Red Cliff and Minturn. Mining activities at the Eagle Mine began in 1879 and continued until 1984. EPA listed the site on the National Priorities List (NPL), commonly known as the list of Superfund Sites, in 1986 because of the mine metals discharge, uncontrolled mine waste piles and the close proximity of the population to the mine and associated features. To better manage the site, EPA divided it into operable units.

    EPA and CDPHE issued a final Record of Decision for the Eagle Mine Superfund Site in 1993. Over the years, all required environmental cleanup work has occurred at the site under a number of state and federal directives. EPA declared all cleanup construction activities complete at the site in 2001. Remediation conducted to-date has resulted in significant improvement in water quality and reduction in risk to human health and the environment. Continued operation of the existing remedy, including drawdown from the mine pool and treatment at the water treatment plant, is required to maintain this condition. Contaminant concentrations in surface water and groundwater have decreased significantly, and the aquatic ecosystem continues to show signs of recovery.

    For more information about the Eagle Mine Superfund Site, please contact: Ms. Wendy Naugle, On-Site Coordinator, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80246, Wendy.naugle@co.state.co.us, or Ms. Jamie Miller, Project Manager, U.S. Environmental Protection Agency, 1595 Wynkoop Street, Denver, CO 80202, miller.jamie@epa.gov

    You can also visit one of the following Websites: https://www.colorado.gov/pacific/cdphe/eagle-mine, https://www.epa.gov/superfund/eagle-mine

    Stream management plans emerging for Eagle, Colorado and Roaring Fork rivers

    The view on Homestake Reservoir in 2014. The reservoir is a key component of the upper Eagle River watershed and is part of a system that diverts water from the basin. The reservoir, and potential new water storage facilities, will likely play a role in a new integrated water management plan being developed by the Eagle River Watershed Council.

    By Heather Sackett, Aspen Journalism
    EAGLE — The Eagle River Watershed Council is moving ahead with an environmental and recreational needs assessment for the Eagle River basin as part of its effort to create an integrated water-management plan for the river and potentially its tributaries.

    To do so, the organization is pulling together disparate groups for some difficult conversations about how the river is used — a requirement of the 2015 Colorado Water Plan.

    “We decided the time is right to call all the people into the room,” said Holly Loff, executive director of the Watershed Council.

    The Eagle-based nonprofit organization wrapped up meetings last week with representatives from stakeholder groups such as river guides, private land owners, conservation groups, local governments, federal and state agencies, ranchers, water commissioners and trans-mountain diverters in the Eagle River basin, which include the cities of Aurora and Colorado Springs. Representatives from each of the groups are scheduled to participate in a joint meeting this week.

    The goal of the talks is to understand the concerns of stakeholders, which will help develop the objectives for the integrated water-management plan. Such plans are also often called “stream management plans.”

    In addition to input from stakeholders, a study of the Eagle River basin is also compiling previously collected water-quality data. This information will guide future river-management efforts, as well as permitting and approval processes for future water projects. Loff described the project to members of the Colorado Basin Roundtable on Monday, Sept. 25, at a meeting near Kremmling.

    The Eagle River flows past Wolcott in the spring of 2015. The Eagle River Watershed Council has begun talking with regional stakeholders about an emerging integrated water-management plan for the Eagle River.

    Studying the river

    Loff said the study area would include the length of the Eagle River, from its headwaters at Tennessee Pass to its confluence with the Colorado River at Dotsero. And the two-year planning effort will include a look at the prospect of additional storage in the river basin, as envisioned by a project described in the Eagle River Memorandum of Understanding, which includes a potential new reservoir on lower Homestake Creek below the existing Homestake Reservoir.

    The Eagle River watershed plan, which was drafted in 2013 by the Watershed Council, lacks an understanding of environmental and recreational water needs, Loff said, a void the new effort seeks to fill. Carbondale-based Lotic Hydrological will be the hydrological consultant on the project and will perform field data collection and analysis.

    The 2013 plans noted that “significant concerns were voiced” about conditions of streams in the Eagle River basin, including “continued impacts from mining, damage to riparian habitats, increasing demands for water, the lack of adequate in-basin storage, impacts from untreated urban and road runoff, the possibility of climate change and the prospect for future population growth and development.”

    In addition to its work with various local stakeholder groups, the Watershed Council will soon be seeking input from residents of the Eagle River basin about its river-management plan.

    “We do want this to be something the community feels they have a voice in,” Loff said. “The community will most certainly be asked to be involved.”

    Eagle Park Reservoir, in the headwaters of the Eagle River basin. Water officials are looking at expanding the capacity of the reservoir.

    State funding

    The Boulder-based River Network has selected the Watershed Council as one of four organizations in Colorado to receive direct support and assistance in applying for state funding of the project.

    Loff said funding for the study would come from the Colorado Watershed Restoration Program, which is overseen by the Colorado Water Conservation Board, with matching funds coming from a variety of sources, including stakeholders. But it is too soon to put a price tag on the project. Loff said the current process with stakeholder groups is helping to determine the scope of work. Only then can the Eagle River Watershed Council create a budget.

    “It is unfortunate that we don’t have the scope, objectives or budget complete yet, but when you consider the fact that those are being established with the help of all of the stakeholders from the various groups, I think most would agree that it is the best approach and a good investment of time if we want this to be a strong plan with buy-in from all parties,” Loff said.

    The upper Roaring Fork River, east of Aspen, near the river's confluence with Difficult Creek.

    Plans for other rivers

    The Watershed Council’s integrated water management plan for the Eagle River is one of many such stream management plans in development across the state. In 2015, the Colorado Water Plan called for 80 percent of priority streams in the state to be covered by stream management plans that address the needs of diverse stakeholders.

    The Middle Colorado Watershed Council, for example, is working on a river management plan for 75 miles of the Colorado River from above Glenwood Canyon to DeBeque, according to the council’s executive director, Laurie Rink, who also briefed the members of the Colorado Basin Roundtable on Sept. 25. The plan will also include tributaries to the river along that stretch, but not the Roaring Fork River, which flows into the Colorado in Glenwood Springs, as the Roaring Fork Conservancy has previously studied it.

    Link said Middle Colorado Council’s effort was also “very much a stakeholder driven process” and that there would be a “very heavy push on stakeholder agreements” as part of the planning process. Rink also said that her group’s aim is to eventually thread together the various river-management plans being developed in the Upper Colorado River basin, including the Eagle River plan.

    The upper Roaring Fork River chundering through the Grottos around 6 p.m. on Thursday, June 16, 2016 after the Twin Lakes Tunnel had been closed and the natural flows of Lost Man and Lincoln creeks had been turned back into the river.

    Roaring Fork advisors

    In the Roaring Fork River basin, City of Aspen officials and a technical advisory group are working on a management plan for the upper reaches of that river above its confluence with Brush Creek, which flows out of Snowmass Village.

    Aspen’s technical advisory group is made up of roughly 25 stakeholders and includes Pitkin County officials, the Roaring Fork Conservancy, Trout Unlimited, Colorado Parks and Wildlife and the Salvation Ditch Company, among others.

    April Long, an engineer for the City of Aspen whose title is “clean river program manager,” is overseeing the Roaring Fork River management plan. Long said the group met twice during the summer. The meetings with the technical advisors were not open to the public, but Long said the city will seek public feedback as the plan progresses.

    Lotic Hydrological is also the consultant on the Roaring Fork plan. Long said officials are using a hydrological simulation computer model, as well as historical data from river gauges, to predict and evaluate different flow scenarios with and without certain diversions.

    “You can turn those diversions on or off and see how the river responds when you manage flows differently,” Long said about the model, and can ask, “If you wanted a certain type of ecosystem, what sort of flow do you need?”

    Long expects a draft plan of the Roaring Fork River plan to be released in late November.

    Editor’s note: Aspen Journalism is collaborating with the Vail Daily, the Summit Daily News, the Glenwood Springs Post Independent and The Aspen Times on coverage of rivers and water. The Vail Daily published this story on Saturday, Oct. 7, 2017. The Glenwood Post published the story in its print version on Monday, Oct. 9.

    Eagle: Officials meet to discuss need, financing for new water treatment plant

    Eagle circa 2010

    From The Vail Daily (Pam Boyd):

    Interim Town Manager Tom Boni launched the discussion by noting the proposed Lower Basin Water Treatment Plant, which would be built upstream from the existing Eagle Wastewater Treatment Plant, is the town board’s top priority.

    “How do we supply reliable water to the town of Eagle now and into the future?” Boni said.

    Boni said discussions about the plan construction actually began 10 years ago, when the town realized it was approaching capacity at its existing 4.3 million-gallons-per-day water plant during the summer months when residents water their lawns and landscaping. Usage during the summer brings the plant operations to 80 percent of capacity.

    WHAT ABOUT CONSERVATION?

    Chris Lehrman, consulting engineer with SGM of Glenwood Springs, has been working with the town on the plant project. He noted the new facility has been planned so that it can expand to treat as much as 5 million gallons per day, but the initial operation would be at the 2.5 million-gallon-per-day level.

    “One of the comments we had seen over the past few months is, ‘Can we put off this new plant with conservation?'” Lehrman said.

    He said the short answer is no.

    Lehrman explained that Eagle already has engaged a number of conservation efforts, including improvements to its water-delivery system to prevent leaks and institution of summertime watering restrictions. But he said Eagle cannot solve its long-term water needs through conservation alone.

    While the capacity issue is one of the driving needs for the new plant, according to Lehrman, the town’s system also lacks redundancy — the ability to find alternate ways to deliver water in the event of a break in one part of the delivery system. Part of the new plant design would address that issue.

    As for the location of the plant, Eagle doesn’t have the water rights it would need to expand the existing water plan located up the Brush Creek Valley.

    The importance of riparian habitat

    Here’s a guest column from Pete Wadden that’s running in The Vail Daily:

    One of the few things that almost all people can agree on is the calming effect of flowing water. Waterfront property is highly sought after and, as a result, is typically sold at a premium. People often landscape their waterfront property to create an unobstructed view of the river or creek in their backyard.

    UNINTENDED CONSEQUENCES

    In many places in Colorado, our desire for easy access to the water is having unintended consequences. It may not be surprising to most readers that there is a web of interaction between waterways and the ecosystems that surround them. Riparian corridors, the swaths of water-loving plants that grow along creeks or rivers, protect those waterways from pollution and erosion and provide shade, nutrients and habitat for aquatic animals. When riparian buffers disappear, rivers and creeks suffer.

    In the town of Vail, the loss of riparian habitat has had a measurable impact on Gore Creek and several of its tributaries. In 2012, the Colorado Department of Public Health and Environment listed Gore Creek for failing to meet Environmental Protection Agency standards for aquatic life. Other rivers and creeks in Eagle County and across Colorado are beginning to show a similar pattern of decline.

    NATURAL FILTRATION SYSTEM

    As wetlands and forests are replaced with pavement and turf lawns, services provided by those natural ecosystems are lost. Pavement directs rain and snowmelt into storm drains that flow directly into the creek. The shallow roots of turf lawns do not filter pollution from groundwater the way the roots of willows and other native shrubs do.

    The town of Vail sees the impaired health of Gore Creek as a serious issue and has undertaken several programs to try to reverse the creek’s declining water quality. In 2017, the town completed several major riparian restoration projects along Gore Creek. The goal of those projects was to restore native vegetation along creek banks in order to better filter runoff and prevent erosion while maintaining access to the creek for anglers and other users.

    PROJECT RE-WILD

    The causes of Gore Creek’s recent decline are diverse and widespread. As such, this is not a problem that the town can solve on its own. In order to encourage private property owners to restore riparian habitat on their land, the town of Vail has unveiled Project Re-Wild, a public-private cost-share to assist private property owners with the design of riparian restoration projects. Interested property owners along Gore Creek or its tributaries can learn more about this exciting opportunity under “Programs” at lovevail.org or by calling me at 970-479-2144.

    Aquatic health is an issue that impacts the whole community, and the responsibility for maintaining our rivers and creek lies with all of us. Please consider joining the town of Vail in its efforts to Restore the Gore.

    Pete Wadden is the town of Vail watershed education coordinator. Contact him at pwadden@vailgov.com, or visit lovevail.org to read more about the town of Vail’s environmental and sustainability efforts.