Colorado has started preliminary planning for a multiagency drought task force to help cope with what most experts fear will be a summer seriously low on water and high on wildfire risk.
The task force would include agencies focused on water, agriculture and emergency management, among others, according to Emily Adrid, water planning and climate impact specialist at the Colorado Water Conservation Board. Her comments came at a meeting of the stateโs Water Monitoring Committee this week. When the task force could launch hasnโt yet been determined.
The last time such a task force was called into action was in the 2020-21 drought, according to the board. If needed, the task force can work with ad hoc groups and the governorโs office to coordinate release of state emergency funds.
Colorado measures its water supplies using a calendar that runs from Oct. 1 through Sept. 30, a period known as the water year.
The first four months of the 2026-27 water year are the warmest in 131 years, said Russ Schumacher, state climatologist at Colorado State Universityโs Colorado Climate Center.
โThis is breaking the record by a huge margin,โ Schumacher said.
And there is little if any relief in the spring forecasts.
โWe might hope for a miracle this spring,โ he said, โbut this is not whatโs in these forecasts.โ
Statewide reservoir storage levels are holding steady above 80%, but streamflow forecasts indicate Colorado is likely to receive just 63% of its normal water flows, and possibly less, according to the Natural Resources Conservation Service in Lakewood.
In response, cities will also coordinate efforts to alert the public to the potential for water and fire emergencies. Their hope is that a unified approach to watering restrictions will reduce water use.
The city of Westminster is among cities gearing up for an ultradry summer. Drew Beckwith, the cityโs water resources manager, said getting plans in place early and encouraging everyone to share the same message will be critical this year and next.
โWe havenโt had a big drought since 2002,โ Beckwith said. โWeโre all out of practice.โ
Even if major spring snowstorms occur that could lessen water shortages and fire risks, 2026 is still expected to be strikingly dry and warm.
And that is not as worrisome as the prospect of a follow-on drought in 2027, Beckwith said.
โItโs not the one-year drought that is our Achillesโ heel,โ he said. โItโs multiple dry years in a row when things get concerning. Since we donโt know what next yearโs snowpack is going to look like, we donโt want to not do anything. Instead, weโre saying, โHey, we donโt know whatโs going to happen so letโs all get on the same page now.โโ
The Bureau of Reclamationโs latest forecast for the Colorado River predicts Lake Powell will โmost probablyโ drop below the critical minimum power pool level before the end of this year, jeopardizing Glen Canyon Damโs structural integrity. In the worst-case scenario, it would do so before summerโs end. This could force the feds to operate the dam as a โrun-of-the-riverโ operation to preserve the damโs infrastructure and hydropower output, which would significantly diminish downstream flows and threaten Lower Basin water supplies.
Lake Powell could receive only half the normal amount of water from upstream rivers and streams this year, according to a recent federal study.
The U.S. Bureau of Reclamation releases a monthly study that forecasts good, bad and most likely storage conditions for the Colorado River Basinโs key reservoirs over the next two years. The February forecast expects about 52%, or about 5 million acre-feet, of the normal amount of water to flow into Lake Powell by September. The more grim outlook says Powellโs inflows could be 3.52 million acre-feet or 37% of the average from 1991 to 2020.
Itโs enough to spike concerns about hydropower generation at Glen Canyon Dam โ which controls releases from Powell โ prompt discussions about emergency releases from upstream reservoirs and trigger federal actions to slow the pace of water out of the reservoir.
โI think theyโre going to be nervous about operating the turbines,โ said Eric Kuhn, former general manager for the Colorado River Water Conservation District.
In January, about 79% of the 30-year average flowed into Lake Powell โ which is on the Utah-Arizona border โ from upstream areas of Arizona, Colorado, New Mexico, Utah and Wyoming, according to the federal February 24-month study, released Friday.
The February projections also showed even less water flowing into Lake Powell, a decline of about 1.5 million acre-feet since January.
The Colorado River Basin, which provides water to 40 million people, has been plagued by a 25-year drought that drained its main reservoirs โ the largest in the nation โ to historic lows amid unyielding human demands.
And that stress is going to continue. The most probable forecast shows nothing but below-average flows in February โ 71% of the 30-year average โ and for April through July, when flows are likely to be 38% of the norm.
Feds take action to boost Powell
Upstream states like Colorado do not get a drop of water from Lake Powell, Kuhn said. Coloradans rely mostly on local reservoirs to help pace the spring runoff and support year-round water use.
But the reservoirโs status can impact whether upstream reservoirs, like Flaming Gorge in Wyoming and Blue Mesa in Colorado, will have to make emergency releases to elevate water levels in Lake Powell.
In response to the dry and warm winter, the federal government is trying to keep the water in the reservoir above certain critical water levels, according to the study.
At 3,490 feet in elevation, Glen Canyon Dam can no longer send Powellโs water through its penstocks and turbines to generate hydroelectric power โ that would remove a cheap, renewable and reliable power source for communities across the West.
Lake Powell is projected to drop below the critical elevation by December, or as soon as August in one scenario, according to the 24-month study.
Federal officials are likely to call for emergency water releases from upstream reservoirs to keep Powellโs water level from falling to that point. Theyโre working to maintain a cushion by keeping Powellโs water level above 3,525 feet, or at the very least 3,500 feet in elevation, according to the study.
Lake Powellโs elevation was just over 3,532 feet as of Monday, but itโs expected to drop to 3,497 feet by Sept. 30 under the most likely forecast. (The minimum forecast puts it closer to 3,469 feet.)
Putting himself in the Bureau of Reclamationโs shoes, Kuhn would be looking upstream to fill that gap.
โWhere do they plan for it?โ he said. โI would be looking to get a lot of water if Iโm going to keep Lake Powell above 3,500. โฆ 3,525 may not be possible. There just may not be enough water in the system.โ
Facing new lows
That is partly because the Bureau of Reclamation is required by a 2007 agreement, which expires this fall, to release certain amounts of water each year based on reservoir elevations. Replacing these rules is the focus of ongoing high-stakes โ and deadlocked โ negotiations among states.
Powellโs releases are expected to be 7.48 million acre-feet between Oct. 1, 2025, and Sept. 30, according to the February 24-month study.
To try to keep reservoir levels up, the Bureau of Reclamation has adjusted its normal releases since December to keep about 600,000 acre-feet of water in the reservoir. That water will eventually be released downstream as required by the 2007 rules.
Federal officials could also release less than 7.48 million acre-feet this year to keep more water in Lake Powell, according to the study. A 2024 short-term agreement allows the officials to release as little as 6 million acre-feet of water this year to avoid Lake Powell falling below 3,500 feet.
Lake Powellโs lowest release was about 2.43 million acre-feet in 1964, when the reservoir was first being filled. Since 2000, when the basin dipped into the ongoing 25-year drought, Powellโs average annual release has been 8.69 million acre-feet, according to The Sunโs analysis of water release data.
โI donโt think theyโre going to release 7.48 this year. I think they have to cut the flow down to 7 (million acre-feet) or even below,โ Kuhn said.
Like much of the West, Coloradoโs water future will be shaped by a warming climate, population growth, and subsequently increasing competition for finite supplies. In conversations about managing our coveted Colorado River headwater resources, it is easy to assume the most influential voices belong to the well-represented on the population-dense Front Range or the well-funded interests far downstream. Yet some of the most consequential water decisions play out in small mountain valleys, often with limited staff, limited funding, and limited political clout.
It was in that context, despite the Great Recession of 2008, that voters approved the creation of Pitkin County Healthy Rivers that November, a sales tax-funded program with a simple but ambitious mandate: protect and enhance the rivers and streams of the Western Slopeโs Roaring Fork Watershed on behalf of the people and the environment.
What few imagined at the time was that this small, locally funded program would become such an effective way to ensure the people and their cherished rivers had a seat at the table in complex, high-stakes water discussions. A โseatโ that is not symbolic; itโs practical, persistent and sometimes uncomfortable. Because having local voices is not a luxury โ it is essential.
The Power of Showing Up
Healthy Riversโ influence begins with showing up. Showing up ready to listen and engage, recognize partners and advance and fiscally sponsor new alliances, all while emphasizing local knowledge, data, and community-backed priorities. In basin-wide planning efforts, feasibility studies, and project negotiations, Healthy Rivers represents local, place-based interests that might otherwise get overshadowed by far more powerful players, be they up or downstream.
This has meant actively seeking valuable connections, therefore knowledge, daresay wisdom, with hopes of earning a voice that ensures headwaters perspectives are considered at these tables. Think Colorado Basin Roundtable, U.S. Forest Service, Colorado Parks and Wildlife, the Colorado Water Conservation Board, local and nearby watershed groups, and other environmental non-profits. This outreach has led to critical partnerships and heightened transparency and inclusivity on many water matters. It has also meant supporting technical analyses and funding early-stage studies โ most recently for water-quality monitoring on Lincoln Creek, a tributary to the Roaring Fork โ so local conditions and risks are understood before decisions are made elsewhere.
And because our funding comes directly from local voters, Healthy Rivers advocates from the position of our constituents who overwhelmingly supported its creation. That matters in rooms where water is discussed in acre-feet and complex legal terms, often far removed from community-specific values. This has allowed Healthy Rivers to elevate community priorities in negotiations around watershed health, elevating environmental values like instream flows.
Small Programs, Real Influence
One misconception about many local programs is that they are too small to matter. In practice, Healthy Rivers has demonstrated that being nimble is an advantage. Healthy Riverโs contributions are rarely flashy, but they have been catalytic, having a role in everything from diversion arbitration, instream flow protections, riparian habitat restoration, and water-quality monitoring.
It has done this by supporting projects like technical studies, restoration efforts, and infrastructure improvements that likely wouldnโt have happened otherwise. And by convening unlikely partners, and stepping into conversations early, before positions harden and options narrow.
For example, Healthy Rivers helped support the pursuit of a Recreational In-Channel Diversion (RICD) on the Roaring Fork River, recognizing instream flow rights alongside recreation as legitimate, community-defining values worthy of legal protection. It is supporting a Wild & Scenic designation for the Crystal River, and investing in beaver-related studies in order to inform projects that restore wetlands, reconnect floodplains, and improve late-season flows.
Translating Complexity for Communities
Another core part of having a seat at the table is translation. Colorado water law, hydrology, and planning processes are famously complex. Without intentional effort, these processes can leave local communities feeling confused, disengaged, or shut out of decisions that directly shape their rivers.
Healthy Rivers sees its role as a bridge. It translates technical concepts into plain language, not to oversimplify, but to make participation possible. This has included helping residents understand what designations like โWild & Scenicโ actually do โ and donโt โ mean, or explaining how instream flow rights function alongside agricultural and municipal uses.
This two-way translation strengthens outcomes. Decision-makers gain local context. Communities gain confidence. And water decisions become more durable because they reflect shared understanding, not just legal compliance.
Collaboration Over Confrontation
A seat at the table does not guarantee agreement. Some of the most meaningful work Healthy Rivers does happens in moments of tension, usually when water supply, ecological health, recreation, and private property interests collide.
Our approach is rooted in collaboration, not advocacy for advocacyโs sake. That means listening carefully, acknowledging tradeoffs, and being honest about constraints. But it also means pushing back when local values are at risk of being overlooked. In projects like renovating the Sam Caudill State Wildlife Area, Healthy Rivers worked alongside CPW, Garfield County, and development partners to balance recreation access, public safety, and river protection, demonstrating how infrastructure investments can serve both people and rivers.
Lessons for Other Communities
This role requires patience. Water decisions typically move slowly, and progress often comes in inches rather than miles. And in a basin as complex as the Colorado River system, no one wins by going it alone. Our experience has reinforced a simple truth: collaboration works best when local voices are present early and consistently, not as an afterthought.
While not every community can replicate Pitkin Countyโs funding model, the underlying principles are transferable:
Local funding creates legitimacy. Voter-backed programs carry weight because they represent collective priorities.
Consistency builds trust. Showing up over time and building long term relationships matters.
Data and stories belong together. Technical rigor and real-world experience are stronger together than apart.
Early engagement saves time later. Investing upstream โ literally and figuratively โ reduces conflict downstream.
Healthy Rivers exists to ensure that when decisions are made about the Roaring Fork Watershed, the people who know and love these rivers are part of the conversation. That seat at the table does not guarantee outcomes, but it guarantees presence. And in water, as in so many things, presence is power.
A mayfly loving trout โ speckled, shiny and perfectly hand-sized for that Instagram hero shot. A five-foot-long torpedo of a predator, capable of powering through floodwaters and migrating hundreds of miles. A three-inch minnow, living only a couple of years and content with life in a small pool in an ephemeral creek. Which fish is the true Colorado native?
The answer is all of them. A state with waterways as diverse as Coloradoโs has naturally produced a diverse assortment of native fish to match. We have cutthroat trout, lovers of pristine, high-elevation streams on both sides of the Continental Divide. Large, long-lived species like Colorado pikeminnow and humpback chub fight their way through the whitewater of the Western Slope. Tiny brassy minnows and redbelly dace ply the shallow, sandy creeks of the Eastern Plains. Each is adapted to its own ecological niche, body and behavior tailored to its particular home waters and the other aquatic creatures that evolved alongside it.
Humans have dramatically altered this delicate balance in a very short time span. While some native populations still thrive, many others struggle as their habitats and predators have changed. Starting a couple of hundred years ago, mining pollution, overfishing, and haphazard stocking of non-native fish led some Colorado species to plummet, or even go extinct. Today, native fish still grapple with climate change, dams, water diversions, and competition with invasive species. But humans are also working to turn back the clock and restore these native species. Follow along on this tour of Coloradoโs waterways, meeting our home-state fish โ and learning what it takes to help them endure.
Headwaters
On the Yampa River Core Trail during my bicycle commute to the Colorado Water Congress’ 2025 Summer Conference August 21, 2025.
The headwaters region is the realm of the cutthroat trout. Credit: Water Education Colorado
Letโs begin where the rivers do: high in the Rocky Mountains, where clean, cold streams form and flow downhill, eventually feeding the stateโs largest rivers. This is the realm of Coloradoโs poster fish, the cutthroat trout. Colorful, beautiful and beloved by anglers, cutthroats โ recognizable by the iconic red slash markings under the jaw that give the species its name โ live in the headwaters of almost every river basin in the state. Cutthroat trout are at home where thereโs oxygenated water, gravelly bars for spawning, and good vegetative cover on stream banks.
โCutthroat troutโ isnโt just one type of fish in Colorado, but rather, six. Thereโs the greenback cutthroat trout, originally from the South Platte River Basin on the east side of the Divide. The yellowfin cutthroat came from the Arkansas River Basin, but is now considered extinct. Moving southwest, the Rio Grande cutthroat rose from the Rio Grande Basin. Then, on the Western Slope, the Colorado River cutthroat is further divided into three lineages: the Green River lineage, found in the Green, White and Yampa rivers; the Uncompahgre lineage, of the Dolores, Gunnison and Upper Colorado rivers; and the San Juan lineage, of the San Juan River Basin.
Thatโs not to say the average angler โ or indeed, the average fish biologist โ can tell the cutthroats apart just by looking at them. Nor can they be identified based on where theyโre caught these days. Humans, from regular people trying to create new fishing opportunities to professional fisheries managers, spent much of the last couple of centuries moving cutthroats around the state with little understanding of the differences between subspecies. โItโs really hard to put the genie back in the bottle once that happens,โ says Jim White, southwest senior aquatic biologist for Colorado Parks and Wildlife (CPW). โOne of the great mysteries in cutthroat trout distributions was, what went where? What did these river basins look like before we started widespread stocking of cutthroats and non-natives?โ
Biologists didnโt know the answer until 2012, when a landmark study led by University of Colorado Boulder researchers conducted DNA analysis on museum fish specimens gathered at the beginning of European contact with the West. Those results confirmed the existence of the six genetically distinct types of cutthroat โ five previously known to science, and one brand-new one, the San Juan lineage trout. The study speculated that San Juan cutthroats had also gone extinct, but CPW biologists had to be sure. โWe beat the bushes, surveyed all the populations, and conducted molecular tests on fin clips from all known cutthroat trout populations in the San Juan Basin,โ says Kevin Rogers, CPW aquatic research scientist and co-author on the 2012 genetic study. โIndeed, there were about a half-dozen populations that [matched] the fish that had been collected in the mid- to late 1800s.โ
One thing all five remaining Colorado cutthroat varieties have in common is a reduction in the amount of habitat they occupy. The stateโs cutthroats are now relegated to just 12% of their historical habitat on the high end, down to half a percent on the low end, says Boyd Wright, native aquatic species coordinator with CPW. โMost of the lower elevations have been invaded by non-native trout, so cutthroats are persisting only in the headwaters,โ Rogers says. Greenback cutthroats are federally listed as threatened, and Rio Grande and Colorado River cutthroats (occupying just 12% and 11% of their historic habitat, respectively) are state species of special concern. The culprits? What began with pollution, overharvesting and the stocking of non-native fish in the era of Western colonization continues today.
Non-native fish pose a major threat to native cutthroats, particularly the brown, brook and rainbow trout that have been stocked statewide and now thrive in Coloradoโs waters. โTo sum it up, thereโs hybridization, thereโs predation, and thereโs competition,โ White says. โAll of those three things can interact to disadvantage our native fish populations.โ Rainbow and cutthroat trout can breed, resulting in the hybrid cutbow. Non-native trout sometimes even eat the natives. They also compete with cutthroats for food, and often win. Brook and brown trout spawn in the fall and hatch in the spring โ so when the cutthroat fry hatch in late summer, their non-native rivals have already had several months to grow bigger.
Climate change isnโt helping. โWe have the two ugly stepchildren that come along with a changing climate: drought and wildfire,โ Rogers notes. โThe toll wildfire can take on cutthroat is substantial. The debris flows that invariably happen afterward can wipe out populations.โ Drought can also lower or dry up streams, further contracting ranges.
But CPW and partner organizations like the U.S. Fish and Wildlife Service are actively working to conserve Coloradoโs native cutthroats. Biologists raise the trout in hatcheries for stocking back in their native streams, but thereโs a lot more to it than that. First, managers must prep the waterways by removing non-native trout, often by poisoning with natural fish toxicants, a process that can take years. Any present pathogens, like whirling disease, must be eradicated. Managers also have to make sure non-native fish canโt reinvade the stream, usually by building a barrier, like a waterfall. Despite the difficulty and expense, the state is actively working on recovery projects for all five cutthroat varieties. โThatโs what weโre about, trying to preserve diversity for future generations to enjoy,โ Rogers says.
Desert Rivers
The Yampa River winds through towering cliffs on its journey west to meet the Green River in Dinosaur National Monument. Photo Credit: Dave Showalter
Credit: Water Education Colorado
As the mountain streams follow gravity into the western lowlands, they flow into larger networks: Rivers like the Yampa, White and Animas feed the desert arteries of the Green and San Juan, and these, together with the Gunnison, Dolores and others join the Colorado. The entire basin touches seven states, from Wyoming and Colorado up north to Arizona and California in the southwest.
The cold swift headwaters give way to rivers that historically swung between huge springtime floods and slow, turbid flatwater. And the trout give way to large, long-lived fish with bodies suited to big water and wild rapids.
Just over a dozen fish species evolved with the chops to survive in the larger rivers within the Colorado River system. Three of them, called just โthe three speciesโ by biologists, are the flannelmouth sucker, bluehead sucker, and roundtail chub. These omnivorous swimmers persist in todayโs rivers, though managers keep a close eye on conserving their populations so that they donโt go the way of four other native species.
These four โ all federally listed as endangered or threatened โ have struggled in the face of drastic, human-caused changes to their habitats. The bonytail, a large-finned, skinny-tailed omnivore, is the worst off, with no sustainable wild populations left. Its relative, the humpback chub, sports a pronounced bump behind its head, all the better to stabilize the fish in whitewater. Its populations have stayed stable over the past few years, with most of them found near the Grand Canyon, and the species was downlisted from endangered to threatened in 2021. The Colorado pikeminnow, a powerful swimmer shaped like a missile, is the largest minnow in North America. It can migrate 200 miles annually and lives 40 years or more. Its numbers are slowly increasing in the Upper Colorado and San Juan subbasins, but are declining in the Green River. And the razorback sucker, a bug- and plankton-eater, features a similar keel behind its head that helps it maneuver through high flows.
All four populations have crashed in response to human water use and reduced water availability resulting from drought and climate change, which has altered the habitats they once inhabited. โWe have cross-basin diversions that feed water from the Western Slope over to the Front Range,โ says Jenn Logan, native aquatic species manager for CPW. โWe donโt have the volume of water that we used to see in the spring. With dams and water going into ditches and filling reservoirs, runoff is nowhere near where it used to be. We donโt have sandbars formed in the way that we used to, and these systems relied on sediment to form complex habitats.โ Not only that, but dams change water temperature, with released water alternately cooling or warming the river downstream depending on where in the reservoir it comes from. And of course, they form a physical barrier for fish that evolved migrating through a huge, interconnected river system.
Then thereโs the non-native interlopers โ primarily smallmouth bass, northern pike, walleye, and green sunfish โ all introduced, either purposely or accidentally, by humans looking for expanded angling opportunities. โTheyโre predatory species โ they get in the river and can really compete with and consume the native fish in the Colorado River,โ says Josh Nehring, deputy assistant director, aquatic branch, of the CPW fish management team. All have found happy homes in the modern Colorado River Basin with its dams, reservoirs and warmer waters.
But just as in the mountain streams, fisheries managers on the Western Slope are working aggressively to protect the natives. The Upper Colorado River Endangered Fish Recovery Program and the San Juan River Basin Recovery Implementation Program oversee the recovery of the four fish species listed as threatened or endangered. The recovery programs are coalitions of water users, federal, state and tribal agencies, plus nonprofits and energy organizations. They take steps like installing nets at the edge of reservoirs to keep non-natives contained and stocking sterile non-native fish in reservoirs to keep them from establishing a population if they do get out. Other work looks like electrofishing stretches of river โ that is, introducing a current that stuns fish in the water โ and physically removing the non-natives, leaving the native fish to recover and swim another day; and gillnetting northern pike in their springtime spawning habitats. Water managers go so far as to recontour river channels on the upper Yampa to cut off access to northern pikeโs spawning wetlands.
Dam management is another useful tool for both helping native fish and disadvantaging the non-natives. The Upper Colorado River Endangered Fish Recovery Program works with the U.S. Bureau of Reclamation at Utahโs Flaming Gorge Dam on the Green River on timed releases โ releasing water when biologists detect the yearโs razorback sucker larvae โto attempt to move them down to their wetland habitats,โ Logan says. Theyโll release water to disrupt smallmouth bass nesting, when possible. And in the Lower Basin downstream of Lake Powell, managers have begun releasing cooler water specifically to make the Colorado River there less hospitable to smallmouth bass. As long-term drought has dropped water levels in Lake Powell, โWeโve been seeing increases in water temperature releases coming through the dam,โ says Ryan Mann, aquatic research program manager for the Arizona Game and Fish Department. Some smallmouth bass made their way into the river below the dam in years past, but the water had been cold enough to keep them from reproducing. But in 2022, biologists found baby bass. Last summerโs cold-water releases prevented widespread spawning, and managers may continue them into the future.
Todayโs Colorado River Basin is a radically different place than in centuries past, and, โUnless thereโs some amazing technology that comes along to remove all non-native fish or a way to return flows to historic conditions weโre not going to be able to move [major river systems] back to native fish,โ Nehring says. But that doesnโt mean those species are doomed. CPW and its partners are actively raising threatened species in hatcheries and reintroducing them to targeted habitats. โWeโre really focusing on the tributaries, to keep the natives alive in enough areas where we know theyโll persist,โ Nehring says.
Eastern Plains
Here at the confluence of the Big Thompson and South Platte rivers near Greeley, a new conservation effort is underway. It restores wetlands and creates mitigation credits that developers can buy to meet their obligations under the federal Clean Water Act to offset any damage to rivers and wetlands they have caused. Credit: Westervelt Ecological Services
Credit: Water Education Colorado
As alpine streams flow east, they meander through Front Range cities, then spread across the arid plains. The water warms, rocky beds grow sandy, and habitats shrink as creeks dry up seasonally. Waters dominated by a single species explode with different fish. โWeโve got this melting pot of biological diversity along the transition zone,โ says Wright. โYou go from historically a one-species profile in the mountains to more than 28 as you go farther east. These [plains] are very harsh, unpredictable environments.โ
The fish that evolved to thrive on the plains, from the regionโs western edges in Colorado out into Kansas, Oklahoma and Nebraska, are largely the opposite of the big, long-lived species on the Western Slope. Theyโre a few inches long, live just a couple of years, and reproduce early. These fish are used to biding their time in small pools until rain or spring runoff reconnects the intermittent creeks, finally allowing them a change of scenery.
But the Eastern Plains havenโt escaped the challenges affecting Coloradoโs other rivers โ its native fish are struggling, too. โMost of our plains fishes are declining or locally extinct because of habitat modification or loss,โ says Ashley Ficke, fisheries ecologist with engineering firm GEI Consultants. Humans have diverted water to farms and municipalities, redirected streams into straight channels lacking habitat complexity, and even drained some waters completely. That hits fish like the plains minnow particularly hard, as its semi-buoyant eggs float vast distances between spawning grounds and ideal nursery habitat. โIt needs vast portions of unfragmented stream habitat,โ Wright says. โWeโve really lost that in Colorado, and thatโs a big reason why theyโre very rare.โ
As elsewhere in the state, though, fish managers are working to replenish the swimmers of the plains. At a hatchery in Alamosa, CPW breeds 12 rare native fish, half of them eastern species: plains minnow, suckermouth minnow, northern and southern redbelly dace, Arkansas darter, and common shiner. โWeโre working with private landowners that have streams or ponds that would be suitable for these native fish, working with them to maintain or improve that habitat, and stocking those waters with the native fish,โ Nehring says. By preserving and restoring enough of the plainsโ stream habitats, managers hope to give back sufficient waters for these little fish to persist.
LAS VEGAS โย About [1,700] people from every corner of the Colorado River Basin flocked to the palm tree-lined Caesars Palace casino in Las Vegas this week thirsty for insights into the stalled negotiations over the future management of the river.
New insights, however, were sparse as of Tuesday morning.
The highly anticipated Colorado River Water Users Association conference is the largest river gathering of the year. Itโs a meet up where federal and state officials like to make big announcements about the water supply for 40 million people, and when farmers, tribal nations, city water managers, industrial representatives and environmental groups can swap strategies in hallway chats.
The meetings started Tuesday morning before the conference officially kicked off. Officials from basin states, including Colorado, set the tone by digging into their oft-repeated rhetoric about the worrisome conditions in the basin, impacts in their own states and conservation efforts. Conference-goers pushed state leaders for more transparency and progress in the discussions over the riverโs future.
The basinโs main reservoirs, lakes Mead and Powell, have fallen to historic lows despite pouring state and federal dollars into broad conservation efforts, said Commissioner Becky Mitchell, Coloradoโs governor-appointed negotiator on Colorado River issues.
โWeโre in a precarious time because none of that is enough,โ Mitchell told hundreds of audience members during an Upper Colorado River Commission meeting Tuesday. โIt has not been enough.โ
Natural flows โ which is a calculation of how much water would pass Lees Ferry without upstream human intervention โ has trended downward since the mid-1980s. Even before that, however, the river rarely carried as much water as the drafters of the 1922 Colorado River Compact presumed it did. They based the Compact on a median flow of 20 million acre-feet. The 1906-2025 median flow has actually been just 14.3 MAF, while the most recent six-year average has been just over 10 MAF. Data source: Bureau of Reclamation via The Land Desk.
As the riverโs water supply is strained by a 26-year drought and human demands, officials are trying to replace an expiring agreement from 2007, which manages how Mead and Powell capture water from upstream states and release it downstream for water users in Arizona, California, Nevada and Mexico.
The Department of the Interior is managing the effort, dubbed the post-2026 process, but deciding new rules is simpler said than done: Basin officials will have to address a changing climate and decide on painful water cuts going forward.
The Interior Department has given the seven basin states until Feb. 14 to reach a consensus. If they can agree, the feds will use the statesโ proposal to manage the basinโs reservoirs. If not, the federal officials will decide what to do.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Officials from the Upper Basin states โ Colorado, New Mexico, Utah and Wyoming โ did not share examples of progress in the post-2026 negotiations. They said the basinโs water cycle, not its legal issues, are the main problem.
โItโs not political positions. Itโs not legal interpretations,โ Brandon Gebhart, Wyomingโs top negotiator, said. โItโs the hydrology of the entire basin.โ
Native America in the Colorado River Basin. Credit: USBR
Others, including some of the 30 tribes in the basin, saw it differently. Some tribal representatives called for more transparency. Others said they couldnโt support a plan that is geared toward sending water to downstream states.
โDespite those that think hydrology is the problem, itโs not, and it canโt always be the scapegoat,โ said Kirin Vicenti, water commissioner for the Jicarilla Apache Nation, located within New Mexico just south of the Colorado state line. โOur planning and policies must allow flexibility, and innovative and dynamic solutions.โ
Portion of a Roman aqueduct Barcelona, Spain, May 2025.
A basin divided by a Rome-inspired wall
Relationships between upstream states and Lower Basin states โ Arizona, California and Nevada โ have been strained since the post-2026 effort kicked into gear in 2022 and 2023.
On the other side of the casino wall from the Upper Basin meeting, the Colorado River Board of California met Tuesday morning. Each audience could hear muffled clapping from the other room as the officials spoke to their constituents.
โWe know one thing for sure, which is that we have a smaller river and that requires less use,โ JB Hamby, chairman of the Colorado River board and Californiaโs top negotiator, told the gathering.
He lauded Californiaโs โmassiveโ and expensive efforts to address the riverโs shrinking supply while still growing the stateโs economy and agriculture industry.
Lower Basin water use since 1964. 2025 data provisional, based on USBR projections Oct. 29, 2015.
California has cut its water use to 3.76 million acre-feet, the lowest it has been since 1949, state officials said. It has a proposed plan to conserve 440,000 acre-feet of river water per year.
One acre-foot roughly equals the annual water use of two to three households.
โWe hear lots of applause lines from our friends next door, and we encourage them to take some examples from what California has been able to put together,โ Hamby said. โWe must all live with the resources we have, not the ones that we wish for.โ
Crossing basin lines
While the states might be divided in water politics, conference attendees like Ken Curtis of Colorado moved between the rooms to hear each groupโs discussion.
โWe appear to be talking past each other,โ said Curtis, the general manager of the Dolores Water Conservancy District in southwestern Colorado.
Some water managers from central Utah said they were already looking beyond the current negotiations to the next few decades. The basinโs challenges donโt end next fall โ this is just a speed bump in a long future ahead, they said.
Others were waiting for updates from federal officials, scheduled for Wednesday. The Department of the Interior is set to release a highly anticipated look at different options for how to manage the basin around the end of the year.
Curtis said he is at the conference mainly to learn how other states were grappling with the tough water conditions and to get more insight into the negotiations beyond whatโs in the media, he said.
โSqueezing it (water) out of the Upper Basin isnโt going to make enough water for the Lower Basin demands,โ Curtis said. โAnd that may be a biased view, obviously, so Iโm trying to get a little bit beyond my own biases.โ
September 21, 1923, 9:00 a.m. — Colorado River at Lees Ferry. From right bank on line with Klohr’s house and gage house. Old “Dugway” or inclined gage shows to left of gage house. Gage height 11.05′, discharge 27,000 cfs. Lens 16, time =1/25, camera supported. Photo by G.C. Stevens of the USGS. Source: 1921-1937 Surface Water Records File, Colorado R. @ Lees Ferry, Laguna Niguel Federal Records Center, Accession No. 57-78-0006, Box 2 of 2 , Location No. MB053635.
The Colorado River Basin spans seven U.S. states and part of Mexico. Lake Powell, upstream from the Grand Canyon, and Lake Mead, near Las Vegas, are the two principal reservoirs in the Colorado River water-supply system. (Bureau of Reclamation)
In a momentous decision for the Western Slope, state water officials unanimously approved a controversial proposal to use two coveted Colorado River water rights to help the river itself.
Members of the Colorado Water Conservation Board voted to accept water rights tied to Shoshone Power Plant into its Instream Flow Program, which aims to keep water in streams to help the environment.
The decision Wednesday is a historic step forward in western Coloradoโs yearslong effort to secure the $99 million rights permanently. But some Front Range water providers pushed back during the hearings, worried that the deal could hamper their ability to manage the water supply for millions of Colorado customers.
For the state, the two water rights will be a crown jewel in its five-decade environmental effort to help river ecosystems. Itโs one of several steps in the agreement process, and it could take years before the river feels that environmental benefit.
โThe Shoshone acquisition makes a lot of sense to me, and Iโm very proud of the work that everybodyโs put into it,โ said Mike Camblin, who represents the Yampa and White river basins on the Colorado Water Conservation Board. โI hope that our children and our grandchildren look back at this and realize we made the right decision.โ
Over 100 Colorado water professionals and community members gathered in Golden for a six-hour hearing about the environmental proposal, brought forward by the Colorado River District, which represents 15 counties on the Western Slope.
The small hydropower plant off Interstate 70 near Glenwood Springs has used Colorado River water to generate electricity for over a century. But the aging facility has a history of maintenance issues, and Western Slope water watchers have long worried about what happens to the rights if it were to shut down for good.
The Colorado River District wants to add the environmental use as part of a larger plan to maintain the โstatus quoโ flow of water past the power plant, regardless of how long it remains in operation.
Western Slope communities, farms, ranches, endangered species programs and recreational industries have become dependent on those flows over the decades and broadly supported the districtโs proposal.
From left, Hollie Velasquez Horvath, Kathy Chandler-Henry, and Andy Mueller, general manager of the River District, at the kickoff event Tuesday [December 19, 2023] for the Shoshone Water Right Preservation Campaign in Glenwood Springs. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
โIโm good. Iโm much more relaxed now,โ Andy Mueller, the districtโs general manager, said after the vote Wednesday. โThe reality is, we have set up our state, through this instream flow agreement, for success for centuries on the Colorado River.โ
Some powerhouses in Colorado water support the general permanency effort but oppose parts of the agreement. Northern Water, Colorado Springs Utilities, Denver Water and Aurora Water said the proposal would give the Colorado River District too much sway in decisions that would impact them.
These water managers and providers are responsible for delivering reliable water to millions of people, businesses, farms and ranches across the Front Range. Any change to Shoshoneโs water rights could have ripple effects that would affect over 10,000 upstream water rights, including some held by Front Range water groups.
The negotiations over the agreement continued throughout the meeting. Board members had about 24 hours to review a stack of documents marked with tweaked phrasing and proposed edits.
Both sides are concerned that the other could get a water windfall through the agreement, said Taylor Hawes, who represents the Colorado River on the board. Those concerns can be addressed in the next step of the process: Water Court.
โThat has been the heart of all of this,โ Hawes said. โI hope we can all trust that the water courtโs process will give us a result where we donโt have to worry about that.โ
Who will control the flow of water?
The Colorado Water Conservation Board was supposed to make its final ruling on the environmental use proposal in September. Then Public Service Company of Colorado, the Xcel subsidiary that owns the rights, and the Colorado River District filed an 11th-hour extension to delay until the meeting Wednesday.
Thatโs, in part, because they needed more time to address a central conflict in the agreement: Who makes the final decisions when managing the powerful rights?
Shoshone uses two rights to access the Colorado River: one for 1,250 cubic feet per second that dates back to 1905, and a right to 158 cubic feet per second that dates back to 1940.
They amount to a big chunk of water. Plus, these rights can be used year-round, and they supersede more recent, junior rights like several held by Front Range water providers.
Under the agreement, the water rights will be co-managed by the Colorado River District and the Colorado Water Conservation Board.
Western Slope parties were adamant about this. Several speakers said they would pull their funding, and there would be no agreement if the River District did not have a say in how the water rights would be used.
โIf joint management is not adopted, Mesa County will withdraw its support for this acquisition,โ Bobbie Daniel, Mesa County Commissioner, said. โItโs not out of anger or politics, but because anything less would fail the people that we serve.โ
The Front Range groups said the state should make the final decision if Colorado River District staff and CWCB staff disagreed over how to manage the water rights. They argued the board has exclusive authority under state law.
Alex Davis with Aurora Water said her team was pushing for a โhammerโ โ an entity, preferably the state, that could force water providers on either side of the Continental Divide to come to the negotiating table or that could make the final decision, especially in times of crisis.
Aurora pulls about 25,000 acre-feet of water from the Western Slope, through mountain tunnels and into its water system each year, she said. (An acre-foot of water is about what two to three households use in a year.) But when Shoshone is using its 1905 water right to its fullest, nearly all of Auroraโs transmountain diversions are turned down or turned off.
The city might want to ask Shoshone to use less water to provide some relief in an emergency. The agreement seems to give the Colorado River District a veto, Davis said.
โBy the River District having that decision-making power, it may lead to less incentive on the West Slope side in those emergency situations,โ Davis said in an interview with The Sun. โThatโs what we were worried about.โ
Colorado Water Conservation Board members decided to continue with the co-management approach, saying they were not giving up authority or working outside of state statute by doing so.
Mueller said the agreement is a win for the river and the entire state. It will protect endangered fish and a critical 15-mile stretch of habitat near Grand Junction. It includes exceptions that will protect cities during multi-year droughts and emergency situations, he said.
โThe CWCB and the River District can act together for the best interest of the state,โ Mueller said in an interview. โWeโll have to earn some trust in that realm over the years, but Iโm quite convinced we can do it.โ
About that $99 million billโฆ
The Colorado River District has entered into a $99 million agreement with Xcel Energy to buy the Shoshone water rights.
The stateโs decision to accept Shoshoneโs water rights into its environmental program met one of four key closing conditions of that purchase agreement, Amy Moyer, chief of strategy for the Colorado River District, said.
The deal still needs approval by Coloradoโs Public Utilities Commission. Itโll be weighed in Water Court, where Western Slope and Front Range representatives will wade through another thorny issue: What has Shoshoneโs โstatus quoโ water use been over the last century?
The Colorado River District and its Western Slope supporters need to pay up. Although theyโve pulled together over half the asking price, theyโre still waiting to hear about whether a request for federal funding will be approved.
If the deal passes those hurdles, then the resulting purchase and instream flow agreement will go on indefinitely. It will provide more predictability for water users across the state, and it will continue to factor into how Colorado communities grow, officials said Wednesday. โWeโre making some very far-reaching decisions here,โ Nathan Coombs, the boardโs Rio Grande Basin representative, said. โI still think this is the right choice right now with the information we have.โ
Seven states in the Colorado River Basin are days away from a Nov. 11 deadline to hash out a rough idea of how the water supply for 40 million people will be managed starting in fall 2026. And theyโre still at loggerheads over what to do.
The rules that govern how key reservoirs store and release water supplies expire Dec. 31. Theyโll guide reservoir operations until fall 2026, and federal and state officials plan to use the winter months to nail down a new set of replacement rules. But negotiating those new rules raises questions about everything from when the new agreement will expire to who has to cut back on water use in the basinโs driest years.
And those questions have stymied the seven state negotiators for months. In March 2024, four Upper Basin states โ Colorado, New Mexico, Utah and Wyoming โ shared their vision for what future management should look like. Three Lower Basin states โ Arizona, California and Nevada โ released a competing vision at the same time. The negotiators have suggested and shot down ideas in the time since, but they have made no firm decisions.
This shows that Coloradoโs Western Slope is the biggest supplier of water to the Colorado River. Source: David F. Gold et al, Exploring the Spatially Compounding MultiโSectoral Drought Vulnerabilities in Colorado’s West Slope River Basins, Earth’s Future (2024). DOI: 10.1029/2024EF004841
As the clock ticks down, onlookers have been increasingly frustrated and critical of the lack of progress in the closed-door negotiations.
โThey seem to have been stuck basically on the same stuff for the last two-plus years,โ said Jim Lochhead, former CEO/manager for Denver Water, the stateโs largest water provider. โPart of why itโs so frustrating is they keep circling around to the same conversations over and over again.โ
The Department of the Interior is managing the process to replace the set of rules, established in 2007, that guide how key reservoirs โ lakes Mead and Powell โ store and release water.
The federal agency plans to release a draft of its plans in December and have a final decision signed by May or June. If the seven states can come to agreement by March, the Department of the Interior can parachute it into its planning process, said Scott Cameron, acting head of the Bureau of Reclamation, during a meeting in Arizona in June.
Colorado River Storage Project map. Credit: Reclmation
If they cannot agree, the feds will decide how the basinโs water is managed. The federal government already has significant authority in the Lower Basin. But federal officials have also said they could leverage their authority over federal water projects in the Upper Basin, like Blue Mesa and the Colorado River Storage Project, to manage water in coming years.
The states could also take the matter to court, which could take decades to resolve and would put water management in the hands of judges instead of Colorado River communities, experts say.
โI think, if the definition of failure is that they donโt come to an agreement, weโll know on Nov. 11,โ said Sarah Porter, director of the Kyl Center for Water Policy at Arizona State University. โMy sense is that theyโve all tried really hard.โ
So what exactly is holding up progress? [Shannon Mullane] reached out to nine water professionals, from state negotiators to water experts, to break down the sticking points.
Water cuts in the Upper Basin (yes, that includes Colorado)
One of the top sticking points in the negotiations is whether the four Upper Basin states will commit to making firm water cuts or conservation goals during the basinโs driest years, experts said.
Colorado, New Mexico, Utah and Wyoming officials say the states regularly do not use their full legal allocation of Colorado River water, about 7.5 million acre-feet per year. The four statesโ usage usually hovers closer to 4.5 million acre-feet per year and can fall to 3 million acre-feet in drier years, according to Upper Basin accounting.
Theyโre already cutting off junior water users early in dry years, like 2022. Water sharing is based on โfirst in time, first in right,โ which means more recent, or junior, water rights are cut off before older, senior rights.
The officials argue that theyโre already cutting back, and using less than their share, so why commit to cutting more? Conserving more water is also dependent on how much water is flowing through rivers and streams in any given year, Commissioner Becky Mitchell, Coloradoโs governor-appointed negotiator, said.
Rebecca Mitchell, John Entsminger, Estevan Lopez, Gene Shawcroft, JB Hamby, Tom Buschatzke at the Getches-Wilkinson Center/Water and Tribes Initiative Conference June 6, 2024. Photo credit: Rebecca Mitchell
โWe cannot conserve water that is not there,โ she said.
In March 2024, the states proposed voluntary, temporary cuts, but that doesnโt work for the Lower Basin officials.
The downstream states proposed in March 2024 that they could take the first cuts โ up to 1.5 million of their 7.5 million-acre-foot legal allocation โ if reservoir storage is 38% to 69% of its capacity. After that, the Upper Basin and Lower Basin could evenly split additional cuts, according to the Lower Basin proposal.
That was a nonstarter for the Upper Basin officials, who balked when the Lower Basin asked them to cut up to 1.2 million acre-feet, or about a quarter to a third of the typical water use in the upstream states. Some of the Upper Basin states also say they do not currently have the legal authority to impose mandatory water cuts within their states when it comes to interstate water sharing agreements. [ed. emphasis mine]
This is one of two major disagreements in the negotiations, according to California Commissioner JB Hamby. The other is how and when water is released from the Upper Basin at Glen Canyon Dam to the Lower Basin, he said.
โThereโs been lots of proposals bandied about back and forth between the basins and the feds,โ Hamby said. โWeโre not any closer at this point in time because those are the two most critical sticking points.โ
Arizona officials declined to comment for the story. Nevadaโs representative did not respond to requests for comment.
The political sticking point
Each of the seven negotiators is accountable to their home state. They have to be able to sell a deal to their water users and state lawmakers in a way that feels like a win, Porter of Arizona State University said.
In Arizona, Commissioner Tom Buschatzke must strike a deal that water users and the state legislature can get behind.
โThere may be a situation where no deal is better than trying to sell a deal to your water users that you know they will utterly hate,โ Porter said.
There are certain nonstarters for Arizona: Everyone expects to see water cuts for communities, like Phoenix, that rely on the Central Arizona Project, a 336-mile federal system that supplies Colorado River water to the most populated regions in Arizona. But itโs hard to see a benefit for Arizona in a deal with no water, or not enough water, for the project, Porter said.
And water users can sue if they donโt like the seven-state deal or if senior water users are asked to cut back on water to help junior water users. That would run counter to how the legal priority system has worked for over a century. Such lawsuits would tie up Colorado River water management in court for years, Porter said. [ed. emphasis mine]
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
โWeโre really on the precipice of significant new, bigger shortages, and so the likelihood of a water user bringing legal action because of cuts outside of the priority system โฆ is much higher than it was in 2019,โ Porter said.
In past meetings, Cameron of the Bureau of Reclamation has called on water users to be more flexible so their state commissioners have room to negotiate.
โI urge you to continue to work with Tom (Buschatzke), embrace his leadership and give him the freedom to maneuver to strike an appropriate deal with his six colleagues in the other states,โ Cameron said during an Arizona Reconsultation Committee meeting in June.
In Colorado, Mitchell said she is still working closely with water users within the state.
โWe have firmly sat in the negotiating room with the principles we have always had,โ she said. โThat is something I have promised Coloradans: The principles that we developed are still the principles that I am taking into the room with me. Those are factored in as we are negotiating.โ
What experts want to see
Water experts and professionals have been stuck on the outside of the closed-door negotiations, waiting on updates with greater frustration as the deadline draws near.
Now the states have less than two weeks to agree, at a high-level, on how to manage the water supply for millions of people, two countries, 30 Native American tribes, key food supplies and multibillion-dollar industries.
โThey have the most thankless task that anyone in the Colorado basin could have,โ Porter said.
Lochhead, formerly of Denver Water, said it seems impossible to reach any kind of comprehensive agreement before Nov. 11. They might be able to reach a conceptual outline, he said. They might be able to find a way forward if they were less entrenched in the Upper Basin versus Lower Basin dynamic, he added.
Jennifer Pitt and Brad Udall at the Getches-Wilkinson Center/Water and Tribes Initiative conference June 5, 2025. Photo credit: Allen Best/Big Pivots
Jennifer Pitt, Colorado River Program Director for the National Audubon Society, suggested that states work toward making the most out of water supplies instead of legal questions that are tough to resolve.
โOnce the rules of the game become clear, people are going to lean hard into those solutions,โ she said. โAnd there are many of them.โ
John Berggren, regional policy manager for Western Resource Advocates, said the basin needs to see compromise as a win, not a loss. Officials need to educate their constituents that compromising empowers people to choose their destiny, instead of having courts or the federal government dictate it for the basin.
โA compromise is not a bad thing,โ Berggren said. โComing to agreement, coming to the table is actually a good thing for us.โ
10 sticking points
The Colorado River water experts and negotiators highlighted 10 key sticking points:
The term of the agreement:ย The negotiators have weighed different options for how long the new agreement should last and whether there should be a short-term period for states to ramp up conservation programs and water use reductions. This is a lower-level sticking point where states might be able to find consensus more easily.
Reservoir management:ย The states have also debated which reservoirs will be managed under the new agreement. The Lower Basin wants to include upstream reservoirs, including Blue Mesa Reservoir in Colorado. The Upper Basin only wants Lake Mead and Lake Powell involved and worries that including upstream reservoirs will change how water flows through the basin or encourage Lower Basin overuse.
Rebuilding reservoir storage:ย Commissioner Mitchell of Colorado was adamant that the new plan needs to prioritize rebuilding reservoir storage, since key reservoirs โ Lake Mead and Lake Powell โย are falling closer to critical levels. Commissioner Hamby of California said the states can figure out how to handle reservoir storage, and other issues, like water cuts, pose a greater challenge.
Operating Lake Mead and Lake Powell:ย The current operational rules are mainly based on reservoir levels and river forecasts. When Lake Mead reaches a certain water level, it triggers adjustments in Lake Powell. The state officials agree these rules did not work. Colorado wants to prioritize the health of Lake Powell and base operations on real water levels โ not forecasts. The states almost came to an agreement on how to do this earlier in the summer, but the idea was re-shelved.
Cutting back on water:ย This is a particularly thorny issue. Would the Upper Basin commit to firm water conservation goals or mandatory cuts? Is the Lower Basin doing enough to address the Upper Basinโs concerns about overuse in the three downstream states? Officials in both basins say large cutbacks to their water supply would be an existential threat to their communities now and in the future.
Basic accounting:ย The states disagree on key numbers. How does each state count its water use, shortages and conservation efforts? How much water is the Upper Basin supposed to send down to Mexico, or is that the Lower Basinโs job? How do downstream states count water use from tributaries, like the Gila River?
100-year-old issues:ย The states are also bolstering their legal arguments when it comes to unclear language in the Colorado River Compact of 1922, which laid out how the two basins were supposed to share water. Does it say the four upstream states are required to deliver a certain amount of water to the three downstream states? Or does it say the upstream states arenโt supposed to cause the water deliveries to go below a certain level? Some Upper Basin lawyers say they can argue that climate change, not the statesโ water use, is the cause.
Distrust:ย The basin states have thrown plenty of barbs at each other during the negotiations. Each has accused the other of gaming the system in some way. Lower Basin and Upper Basin officials have said other states could time reservoir releases from lakes Mead or Powell to benefit their state. The Lower Basin has questioned whether the Upper Basin has inflated shortage calculations. The Upper Basin has long complained about Arizonaโs practice of taking Colorado River water out of Lake Mead and storing it underground.
Group dynamics:ย The basin has split into Team Lower Basin and Team Upper Basin. Could states make more progress if they operated more independently, threw out ideas, formed coalitions and convinced others to join?
In-state politics:ย Even if the state officials can work out the details of an agreement, they still have to take it home and convince their states itโs a good idea. That can be complicated. In Colorado alone, there are decades-old conflicts over water between theย Western Slope and Front Range,ย farmers and cities,ย tribal and non-tribal water users.
Denver Water and Save the Colorado must enter mediation at the end of the month to see if a deal is possible on the mid-project challenge to the water utilityโs $531 million dam raising underway at Gross Reservoir in Boulder County, according to an order from the U.S. Court of Appeals.
A federal trial judge initially halted construction on the nearly finished dam, saying the U.S. Army Corps of Engineers permits for Denver Water violated U.S. environmental laws and that the water level at Gross could not be raised. Judge Christine Arguello later lifted the injunction on construction, for safety reasons, while Denver Water appealed the permit issues to the 10th Circuit Court of Appeals.
The 10th Circuit will take briefs from both sides of the dam dispute in November, and is now ordering a mediation session for Oct. 30. The conference is to โexplore any possibilities for settlementโ and lawyers for both sides are โexpected to have consulted with their clients prior to the conference and have as much authority as feasibleโ on settlement questions, the court order says.
Construction has continued since the injunction was lifted, with Denver Water pouring thousands of tons of concrete to raise the existing dam structure on South Boulder Creek. Denver Water has argued it needs additional storage on the north end of its sprawling water delivery system for 1 million metro customers, to balance extensive southern storage employing water from the South Platte River basin.
Denver Water’s collection system via the USACE EIS
Save the Colorado and coplaintiffs the Sierra Club, WildEarth Guardians and others argue too much water has already been taken from the Colorado River basin on the west side of the Continental Divide, and that the forest-clearing and construction at Gross is further destructive to the environment. Gross Reservoir stores Fraser River rights that Denver Water owns and brings through a tunnel under the divide into South Boulder Creek.
“We look forward to having a constructive conversation with Denver Water to find a mutually agreeable path forward that addresses the significant environmental impacts of the project,” Save the Colorado founder Gary Wockner said.
When securing required project permits from Boulder County, Denver Water had previously agreed to environmental mitigation and enhancements for damages from Gross construction. But Save the Colorado and co-plaintiffs sued to stop the project at the federal level, and Arguello agreed that the Army Corps had failed to account for climate change, drought and other factors in writing the U.S. permits.
Denver Water declined comment Tuesday on the mediation order.
The halt and restart of the Gross Dam raising came in what has turned out to be a tumultuous year for major Colorado water diversion and storage projects.
While the Gross Dam decisions were underway, Wockner was finishing negotiations with Northern Water over $100 million in environmental mitigation funding to allow the $2.7 billion, two-dam Northern Integrated Supply Project to move forward. Once the 15 communities and water agencies subscribed to NISP water shares saw the increasing price tag, some began pulling out.
Northern Water reviewed the scale of NISP with engineers, then said it planned to move forward at the previously announced scale. The consortiumโs board has asked all 15 initial members to indicate by Dec. 31 where they stand with the project and its price tag.
Roller-compacted concrete will be placed on top of the existing dam to raise it to a new height of 471 feet. A total of 118 new steps will make up the new dam. Image credit: Denver Water.
Funding for water in Colorado is seeing a surge, despite the state budget crisis, with cash from sports betting hitting a new high this year.
The gaming initiative brought in $37 million for the fiscal year that ended June 30, according to the Colorado Division of Gaming. That represents a nearly 21% increase from last year, when tax revenue came in at $30.4 million. But water projects statewide still are at risk as the legislature gears up for a special session next week to close a new $1 billion gap in Coloradoโs budget.
Approved by voters in 2019, the sports betting tax is used to fund Coloradoโs Water Plan.
Back then, early legislative forecasts for revenues that might flow from the program topped out at $29 million.
But the program has grown in popularity and lawmakers have, in recent years, expanded the amount of revenue from the gaming tax that can flow to water programs and also removed a tax break for free bets.
The Colorado Water Plan is run by the Colorado Water Conservation Board, the stateโs lead water planning agency.
In addition to sports betting cash, the CWCB is financed using income derived from severance taxes, the stateโs general fund, and other sources.
The agency sends millions of dollars across the state each year to help pay for water-saving programs for cities and farms, habitat restoration programs, storage projects, land use planning, irrigation system repairs and the purchase of environmental water supplies for water-short streams.
On Aug. 21, Gov. Jared Polis will convene a special session during which lawmakers will look for ways to fill a roughly $1 billion budget shortfall triggered by new federal tax cuts, which have an impact on Coloradoโs tax collections as well.
The sports betting tax program, by law, canโt be tapped by lawmakers next week to fill budget holes. But how the CWCB and water programs financed through other unprotected funds will fare as budgets are trimmed isnโt clear.
Millions of dollars for water projects have already been committed this year, including $20 million in cash the CWCB set aside to help pay for the purchase of the historic Shoshone water rights on the Colorado River.
The CWCB did not respond to an interview request to discuss potential impacts on water projects due to the budget crisis. It said via email that it did not anticipate any impacts to its fiscal year 2026 budget. The fiscal year began July 1.
House Speaker Julie McCluskie, a Democrat from Dillon, said the financial outlook is bleak for all state agencies, including the CWCB.
โWe are still too early in the process to determine exactly what water-related funding is at risk. However, this GOP-caused $1 billion hole in our budget will require some tough decisions, and nearly everything is on the table,โ McCluskie said via email.
Millions of dollars in federal funding has been released to continue restoring lands and streams in the fire-scarred Upper Colorado River Basin watershed in and around Grand Lake and Rocky Mountain National Park.
The roughly $4 million was frozen in February and released in April, according to Northern Water, a major Colorado water provider and one of the agencies that coordinates with the federal government and agencies such as the U.S. Forest Service to conduct the work.
Esther Vincent, Northern Waterโs director of environmental services, said the federal government gave no reason for the freeze and release of funds.
The amounts and timing of the freeze and release are being reported here for the first time.
U.S. Congressman Joe Neguse, who represents Grand County, did not respond to a request for comment regarding the funds.
The news comes as tens of millions of dollars in federal grants and budget allocations are being cut in Colorado and across the country as part of the Trump administrationโs reorganization of federal agencies and associated budget cuts.
In June, Gov. Jared Polisโ office released an accounting of federal money that has flowed to state agencies. That analysis showed the agencies were able to retain $282 million in funding, but that $76 million had been lost, and another $56 million is at risk.
Itโs unclear how much funding that flows through federal agencies to other Colorado entities and nonprofits such as those in the Upper Colorado River Basin, has been lost.
The U.S. Forest Service did not respond to a request for comment. The U.S. Bureau of Reclamation declined to comment on the funding actions.
In Grand County, $761,000 has been released from the U.S. Bureau of Reclamation to help move forward on a broad-based effort by the Kawuneeche Valley Restoration Collaborative, according to Northern Water. The valley has been damaged by drought, failing irrigation systems and overgrazing by wildlife and is a critical piece of the Colorado Riverโs upper watershed. The collaborative, established in 2020, is a major partnership of seven entities, including Northern Water, Grand County, the Nature Conservancy and Rocky Mountain National Park.
East Troublesome Fire. Photo credit: Northern Water
The $3.3 million in East Troublesome fire funding that has been released through the U.S. Forest Service will help restore the watershed around Grand Lake and land in Rocky Mountain National Park. The fire began in October 2020 and burned nearly 200,000 acres, making it the second largest fire in Colorado history.
The fire burned land that constitutes a sprawling water collection area for Northern Water, a major water provider that pipes Colorado River water from Grand County, under the Continental Divide and east to the Front Range, where it serves roughly 1 million residents of northern Colorado and hundreds of farms.
Steve Kudron, former mayor of Grand Lake who now serves as its town manager, said restoration work in both projects is critical to the economy and health of the historic tourist town, which lies at the western edge of Rocky Mountain National Park.
โThe biggest concerns that we had were closing parts of the forest because there hasnโt been sufficient cleanup. Some mountainsides are unstable,โ he said. โItโs the funding that makes it safe for the public to go into those areas. Thatโs why it was important to get the funding back.โ
Roller-compacted concrete will be placed on top of the existing dam to raise it to a new height of 471 feet. A total of 118 new steps will make up the new dam. Image credit: Denver Water.
Afederal judge will allow Denver Water to continue work on a $531 million project to raise a dam in Boulder County, dealing a blow to environmentalists who had hoped to stop the construction.
However, Senior U.S. District Judge Christine Arguello in her ruling May 29 prohibited Denver Water from filling Gross Reservoir until federal environmental permits can be rewritten by the Army Corps of Engineers.
โThere is no evidence that there would be additional environmental injury resulting from completion of the dam construction. In fact, the opposite is true,โ Arguello wrote. โThere is a risk of environmental injury and loss of human life if dam construction is halted for another two years while Denver Water redesigns the structure of the dam and gets that re-design approved byโ the Federal Energy Regulatory Commission.
FERC is involved because of the hydroelectric plant at the base of the dam.
Denver Waterโs general counsel, Jessica Brody, said Friday her agency was pleased the judge recognized the safety issues in leaving the dam half-built.
โWeโre relieved that the judge understood and appreciated the safety issues. We are relieved as well that she understood the impact to Denver Waterโs customers,โ Brody said.
The construction is expected to be completed this year, she said. In the meantime, she said, her agency will move forward in asking a federal appeals panel to rule on whether key environmental permits need to be rewritten, as Arguello has ordered.
If the permits are redone, it could mean that the U.S. Army Corps of Engineers will determine that the metro Denver water provider, which serves 1.5 million people, needs less water from the Fraser River to fill an expanded Gross Reservoir than the original permit authorized.
Save The Colorado, one of the plaintiffs in the case, said Friday morning that it will defend the portion of the Thursday ruling that could prevent or reduce additional diversions from the Fraser River, a key tributary in the Upper Colorado River system.
โImportantly,โ said Save The Coloradoโs Gary Wockner, โher original 86-page ruling still stands โฆ so they canโt cut trees and they canโt put water in it until it is all resolved.โ
Denver Water is helping ensure its future water security with the Gross Reservoir Expansion Project. When the project is complete, it will nearly triple the Boulder County reservoirโs capacity to 119,000 acre-feet. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
How the case progressed
In her April 3 ruling, Arguello said Denver Water had acted recklessly in proceeding with construction in 2022, knowing that important legal questions were being challenged by Save The Colorado, the Sierra Club and others.
The massive construction project to raise the dam 131 feet and triple the capacity of Gross Reservoir has sparked fierce opposition in Boulder County and prompted several legal challenges from Save The Colorado, a group that advocates on behalf of rivers. Though its early lawsuits failed, the group in 2022 won an appeal that put the legal battle back in play. Despite months of settlement talks, no agreement was reached.
Denver Water first moved to raise Gross Dam more than 20 years ago when the water provider began designing the expansion and seeking the necessary federal and state permits. Denver Water has said raising the dam and increasing capacity of the reservoir is necessary to ensure it has enough water throughout its delivery system and to help with future water supplies as climate change continues to reduce streamflows.
After years of engineering, environmental studies and federal and state analyses, Denver received a permit from the U.S. Army Corps of Engineers, and construction began in 2022.
Arguelloโs April 3 ruling said, in part, that the Army Corps should have considered whether ongoing climate change and drought would leave the Colorado River and Western Slope waterways too depleted to safely allow transfer of Denver Waterโs rights into a larger Gross Reservoir for Front Range water users.
At the same time, she ordered a permanent injunction prohibiting enlargement of the reservoir, including tree removal and water diversion, and impacts to wildlife.
Almost immediately, Denver Water filed for temporary relief from the order, saying, in part, that it would be unsafe to stop work as the incomplete concrete walls towered above Gross Reservoir.
Arguello granted that request, too, allowing Denver to continue work on the dam considered necessary for safety.
State health officials will face tighter deadlines and more scrutiny of a water quality permitting program that has been plagued by massive backlogs and criticized by some small communities who say they canโt afford their state-mandated water treatment systems.
The changes will come under a new bipartisan law Senate Bill 305 approved last month. Gov. Jared Polis is expected to sign the bill this week, according to state Sen. Jeff Bridges, a Democrat from Greenwood Village who is one of the billโs sponsors and chairs the Joint Budget Committee.
โThis bill is a reset in the relationship between the Colorado Department of Public Health and Environment (CDPHE) and local governments that both sides believe will result in better communication, collaboration and ultimately better water quality,โ Bridges said this week.
The permits are required under the federal Clean Water Act and are designed to protect Coloradoโs rivers and streams from contaminants contained in wastewater. The state is required to enforce the federal law.
The measure is designed to help the CDPHE battle a permitting backlog that has left dozens of communities without a current wastewater discharge permit. Those communities can still discharge under a special administrative rule, but the backlog means the communities arenโt complying with the most current wastewater treatment standards that seek to reduce the various contaminants, such as ammonia and nitrates, being discharged into streams.
Earlier this year, as the state sought to fast-track permit approvals, small towns revolted, saying the new permits that were issued were too tough and that it was too expensive to upgrade treatment systems to comply.
The controversy comes as climate change and drought reduce stream flows and cause water temperatures to rise, and as population growth increases the amount of wastewater being discharged to Coloradoโs rivers.
In response to the townsโ concerns, the CDPHE water quality control division took the unusual step in March of holding off on taking enforcement action against at least some of the towns that say they canโt comply with the new regulations.
Senate Bill 305 will allow communities to hire outside engineers and consultants to help speed permit processing times and it also requires the CDPHE to develop new rules establishing clear timeframes for granting or denying different types of permits by Dec. 31, 2027.
In addition, according to Nicole Rowan, director of the Water Quality Control Division, they will set a schedule by Dec. 31, 2026, for reducing the backlog.
The changes arenโt likely to help Ault, a community of 2,350 people on the Eastern Plains that finally received a new permit in March. The permit, however, contains standards the townโs 9-year-old wastewater treatment plant canโt meet. The CDPHE has agreed to suspend any enforcement action against the community until it can do additional analysis to see if it can comply with the new rules simply by upgrading its treatment plant, according to Grant Ruff, who oversees the townโs treatment system.
The town still owes $1.2 million on the existing plant. Building a new one would likely cost more than $20 million, Ruff said.
โWe hope it is feasible [to comply] by making minor upgrades,โ he said. โOtherwise we will have to spend $20 million to $30 million.โ
That wonโt be the case for towns seeking new permits in the years ahead.
โThe new standards will be tremendously helpful in the future because the state will have to take into consideration the communityโs ability to pay,โ he said.
Denver Water is helping ensure its future water security with the Gross Reservoir Expansion Project. When the project is complete, it will nearly triple the Boulder County reservoirโs capacity to 119,000 acre-feet. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
Adam engineer who designed a major expansion of Gross Reservoir Dam in Boulder County told a federal judge Tuesday that the raising of the dam, facing a potential halt due to an April federal court ruling, needs to proceed to protect public safety.
Mike Rogers, the civil engineer who designed the $531 million expansion of the dam, said bad weather could create flood conditions that would lead to a catastrophic failure similar to what occurred with the Oroville Dam failure in California in 2017.
But Stephen Rigbey, a Canadian dam safety expert testifying for Save The Colorado, said any issues with putting the construction project on hold, even in its partially-complete state, could be addressed, and that the risk of a catastrophic failure was โnegligible.โ
Workers from Denver Water and contractor Kiewit Barnard stand in front of Gross Dam in May 2024 to mark the start of the dam raise process. Photo credit: Denver Water.
Rogersโ and Rigbeyโs testimony Tuesday came during a federal hearing in Denver, after which U.S. District Court Judge Christine Arguello will determine whether to allow construction to move forward on the Denver Water project or whether the construction will be paused until new federal reviews she has ordered are completed and legal questions are answered.
But at the end of Tuesdayโs hearing, Arguello said the parties to the case had not provided enough information for her to make a decision and ordered them to submit more data later this month.
The massive construction project has raised fierce opposition in Boulder County and prompted several legal challenges from Save The Colorado, a group that advocates on behalf of rivers. Though its early lawsuits failed, in 2022 the river defenders won an appeal that put the legal battle back in play. Despite months of settlement talks, no agreement was reached.
Boulder County Commissioner Ashley Stolzmann was unmoved by Rogersโ testimony, saying she hopes the judge halts the work to prevent further environmental damage in Boulder County and to protect the Fraser River, a tributary to the Upper Colorado River. The Fraser has served as the source of water for Gross Reservoir since the 1950s, when it was built.
โItโs incredibly disappointing that Denver has chosen to move forward,โ Stolzmann said. โWith climate change, it really is a time for different entities to work together to repair the climate. I want to see Denver seek alternative solutions.โ
Denver Water first moved to raise Gross Dam more than 20 years ago when the water provider began designing the expansion and seeking the necessary federal and state permits. Denver Water has said raising the dam and expanding the reservoir is necessary to ensure it has enough water throughout its delivery system and to help with future water supplies as climate change continues to reduce streamflows.
The Gross Reservoir Expansion Project involves raising the height of the existing dam by 131 feet. The dam will be built out and will have โstepsโ made of roller-compacted concrete to reach the new height. Image credit: Denver Water
After years of engineering, environmental studies and federal and state analyses, Denver received a permit from the U.S. Army Corps of Engineers and construction began in 2022. It has involved taking apart a portion of the original dam and raising its height by 131 feet to nearly triple the reservoirโs storage capacity to 119,000 acre-feet from 42,000 acre-feet.
The case took center stage again April 3, when Judge Arguello put a temporary halt to construction of the higher dam, at Save The Coloradoโs request.
In that high-profile ruling, Arguello said, in part, that the Army Corps should have considered whether ongoing climate change and drought would leave the Colorado River and Western Slope waterways too depleted to safely allow transfer of Denver Waterโs rights into a larger Gross Reservoir for Front Range water users.
At the same time, she ordered a permanent injunction prohibiting enlargement of the reservoir, including tree removal and water diversion, and impacts to wildlife.
Almost immediately, Denver Water filed for temporary relief from the order, saying, in part, that it would be unsafe to stop work as the incomplete concrete walls towered above Gross Reservoir.
Arguello granted that request, too, allowing Denver to continue work on the dam considered necessary for safety.
Denver Water has also filed an appeal with the U.S. 10th Circuit Court of appeals, seeking to permanently protect its right to continue building the dam. The appeals court is expected to wait for the lower court to rule, before considering Denver Waterโs request.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
As Save the Colorado and Denver Water prepare to face off in a federal courtroom Tuesday, water officials across the state are watching the Gross Dam expansion case closely for its environmental impact and its affect on water projects across the West.
Kirk Klancke, a long-time Grand County environmentalist and president of the Colorado River Headwaters Chapter of Trout Unlimited, said a decision that shuts down the $531 million water project, could also shut down 12 years of work on the Fraser River and its tributaries.
Denver Water is one of 18 partners who signed the Colorado River Cooperative Agreement in 2013, ushering in a new era of cooperation between the utility and West Slope stakeholders, all with the vested interest in protecting watersheds in the Colorado River Basin. As part of that agreement, a process called โLearning by Doingโ was created, which has helped the utility stay better connected on river conditions in Grand County. The partnership is a collection of East and West Slope water stakeholders who help identify and find solutions to water issues in Grand County. โDenver Water has been part of Grand County for over 100 years, and we understand the impact our diversions have on the rivers and streams,โ said Rachel Badger, environmental planning manager at Denver Water. โOur goal is to manage our water resources as efficiently as possible and be good stewards of the water โ and Learning By Doing helps us do that.โ
Hereโs why: Denver Water owns much of the Fraser with water rights dating back more than 100 years. And it is that water that has historically been piped through the Moffat Tunnel near Rollinsville to fill the existing Gross Reservoir. The new water for the expanded reservoir will come largely from that river as well.
After whatโs known as the 2013 Colorado River Cooperative Agreement was signed, Denver Water agreed to conduct extensive restoration work on the river in exchange for being able to raise Gross Dam and bring more water from the Fraser River over to the Front Range.
Klancke said the heavily diverted, scenic waterway would suffer if the deal falls apart. โTo dissolve that partnership will be the death of the Fraser River,โ he said.
Under the terms of the Colorado River Cooperative Agreement, the work on the Fraser River can only be finalized if the Gross Dam expansion proceeds.
On the upside though, Klancke said, if a new environmental settlement were reached, it could mean more money and more work to restore South Boulder Creek on the other side of the Continental Divide. The creek carries that Fraser River water from the reservoir to Denver Waterโs northern storage system.
โI would love to see Denver put a whole bunch of money into South Boulder Creek,โ Klancke said.
Gary Wockner, the head of Save The Colorado, disputes the notion that the case could harm environmental work already underway in Grand County.
โWe are not causing environmental damage,โ he said. โIf Denver Water chooses to stop, thatโs their choice. Thatโs on their shoulders. Not ours.โ
For its part, Denver says it hopes to continue the Grand County work, but that the terms of the Fraser River agreement are all based on the successful completion of the Gross Dam expansion.
The agency also says it has already set aside $30 million to help offset any environmental harm caused by the massive construction project, including providing 5,000 acre-feet of water to improve streamflows along a 17-mile stretch of South Boulder Creek. An acre-foot of water equals nearly 326,000 gallons, enough water to serve two to four urban households for one year.
Roller-compacted concrete will be placed on top of the existing dam to raise it to a new height of 471 feet. A total of 118 new steps will make up the new dam. Image credit: Denver Water.
Denver Water first moved to raise Gross Dam more than 20 years ago when it began designing the expansion and seeking the necessary federal and state permits.
After years of engineering, studies and federal and state analyses, construction began in 2022. It has involved taking apart a portion of the original dam, built in the 1950s, and raising its height by 131 feet to nearly triple the reservoirโs storage capacity to 119,000 acre-feet from 42,000 acre-feet.
Save The Colorado has launched several unsuccessful challenges to the project, but in 2022 it won an appeal that put the legal battle back in play. Despite months of settlement talks, no agreement was reached.
Then the case took center stage again April 3, when Senior U.S. District Court Judge Christine Arguello put a temporary halt to construction of the higher dam, at Save The Coloradoโs request.
Almost immediately, Denver Water filed for temporary relief from the order, saying, in part, that it would be unsafe to stop work as the incomplete concrete walls towered above Gross Reservoir.
Arguello granted that request, too, allowing Denver to continue working on the dam.
Gross Dam case spurred $100 million settlement in a different lawsuit
What happens next is anyoneโs guess. Jennifer Gimbel, a water policy scholar at Colorado State University who also serves on Northern Waterโs board of directors, said the case has already had an impact on a $2 billion water project to deliver water to residents of fast-growing northern Colorado. The Northern Integrated Supply Project, as it is known, also faced a legal challenge from Save The Colorado, and ultimately the water agency opted to settle the case for $100 million. The cash will help restore the Cache la Poudre River with new diversion agreements and improved streamflows, among other benefits.
Gimbel said the Gross Reservoir case was a key factor in that settlement. โBecause of Denverโs troubles with Save the Colorado, Northern Water decided to resolve their lawsuit because they were worried about their own permit getting stale and because as you delay construction costs increase.โ
The Gross Dam case is also noteworthy because it has stopped a major construction project already underway and may significantly change it. Judge Arguello has ordered the U.S. Corps of Engineers, the major permitting agency, to redo its original permitting work.
Denver Water General Manager Alan Salazar has said his agency would take the case to the U.S. Supreme Court, if they lose in the lower courts.
As both sides prepare for Tuesdayโs hearing, the 10th Circuit Court of Appeals panel has said it will wait to see what information emerges from the Tuesday hearing before it rules on Denver Waterโs appeal before the 10th Circuit, according to Denver Water General Counsel Jessica Brody. That action seeks to permanently protect what Denver believes is its right to raise Gross Dam.
Denver Water has also raised national security concerns in the case because Save The Colorado has asked and been granted the right to review construction documents on the dam project, documents that would normally be kept from public view.
In response, the judge has told participants to expect the court to be closed periodically during the hearing to address those security concerns.
View of Denver and Rio Grande (Silverton Branch) Railroad tracks and the Animas River in San Juan County, Colorado; shows the Needle Mountains. Summer, 1911. Denver Public Library Special Collections
Water and environmental groups in southwestern Colorado have not heard a peep from the federal government since their $25.6 million grant got caught up in a widespread funding freeze, officials say.
Southwestern Water Conservation District pulled together a unique collection of partners in 2024 to tap into an immense stack of federal cash for environmental projects in the Colorado River Basin. The partners were โecstaticโ Jan. 17 when they found out their application to fund 17 projects was accepted, Steve Wolff, district manager, said.
Three days later, President Donald Trump paused spending, and the districtโs partnership has been in limbo ever since. Other Colorado groups are in the same boat with millions of dollars of awarded grant funding on the line.
โEverybody had heard that they were going to be looking at the funding โฆ so it was no big surprise,โ Wolff said March 26. โThe confusion was nobody knew what was in or out of all these freezes, or pulled back, at all. We still have not heard officially anything.โ
The Bureau of Reclamation, which awarded the grant, declined to comment and referred questions to its parent agency, the Department of the Interior. Interior did not respond to questions from The Colorado Sun about the fundingโs status.
โUnder President Donald J. Trumpโs leadership, the Department is working to cut bureaucratic waste and ensure taxpayer dollars are spent efficiently,โ an unnamed Interior spokesperson said in an emailed response from the Bureau of Reclamation. โProjects are being individually assessed by period of performance, criticality and other criteria.โ
The uncertainty has impacted a slew of environmental projects across the Upper Colorado River Basin โ Colorado, New Mexico, Utah and Wyoming.
Under the Biden administration, the Bureau of Reclamation awarded $388.5 million for water and drought-related projects across the Upper Basin on Jan. 17. Of that, Coloradans secured $177 million.
Coloradans wanted to use that money to help fish find shelter when the stateโs rivers are at their lowest. They wanted to help farmers and ranchers have a more reliable water supply by fixing decades-old irrigation ditches. Some projects planned to remove dams or turn wastewater lagoons into wetlands.
Shoshone Hydroelectric Plant back in the days before I-70 via Aspen Journalism
One award for $40 million to help a Western Slope water district buy an old and powerful Colorado River water right tied to the Shoshone Power Plant.
In southwestern Colorado, the organizations that were awarded funding were wondering if they should try to wait it out to see what happens or seek funding elsewhere.
โItโs incredibly stressful,โ said Danyelle Leentjes with the Upper San Juan Watershed Enhancement Partnership. โItโs really hard to move forward in this landscape. Itโs super, super hard.โ
A new collaboration
Southwestern Water Conservation District started pulling together partners in 2023. Staff knew a load of federal funding was coming down the pike, and they wanted to build collaborations so local groups could access it, Wolff said.
โI donโt think the districtโs ever been involved in anything like this before,โ he said.
Water districts, ditch companies, environmental organizations and others often have small staffs in the rural district, which spans nine counties. The groups have little extra time to take on the application or little experience with federal grants. They might not have extra funding to hire a grant writer. Some, like nonprofits, werenโt eligible to apply for the funding without a governmental agency โ like Southwestern โ to manage the money as a fiscal agency.
Southwestern Water Conservation District and its partners identified 17 projects in their federal funding application in fall 2024. The projects aimed to remove blockages from rivers and irrigation ditches to help fish and farmers; stabilize river banks; turn waste lagoons into wetlands and more. (Southwestern Water Conservation District, Contributed)
โWeโd repeatedly seen places where individuals or small groups didnโt have the capacity to work on federal funding or even state funding,โ Wolff said.
So the conservation district stepped in: It asked organizations to add ready-to-go water projects to a centralized list, dubbed the โpipeline.โ About 30 entities joined the effort. The district got grants from the state of Colorado and the Theodore Roosevelt Conservation Partnership to hire people to organize the process and write the grant application.
Without the grants, the application never would have gotten off the ground, Wolff said.
โThereโs two of us here. Our plates are full,โ he said, referring to the districtโs full-time staff. โWe couldโve never done it.โ
And when the federal funding application finally opened in fall 2024, the partnership could whip together a successful 17-project application for $25.6 million in weeks.
Wolff didnโt think any of the partnering organizations had applied for a grant that size, he said.
โI was ecstatic we got the full award,โ Wolff said. โIt seemed like the previous 18 months of effort had just paid off.โ
Funding uncertainty
The uncertainty for Southwestern, however, is tied to the funding source for their grant: the $740 billion Inflation Reduction Act.
The law included $4 billion to mitigate drought and prioritized the Colorado River Basin, the water supply for 40 million people. Of that total, $500 million was for projects that would address drought impacts or cut water use in the Upper Basin.
One executive order, called Unleashing American Energy, paused spending to give federal agencies 90 days to review whether funded projects aligned with the administrationโs energy policies.
Past regulations have been burdensome and impeded the development of the countryโs energy resources, according to the executive order.
That 90-day period ends April 20, but it was unclear Friday whether that deadline is still in effect or applies to the funding awarded to Colorado. Interior and Reclamation did not respond to clarifying questions from The Colorado Sun.
U.S. Rep. Jeff Hurd, a Colorado Republican, has generally supported the efforts to cut spending at the federal level, according to news reports. He did not respond to a request for comment Friday, but he has called for freeing up funding to purchase the historic Shoshone water rights on the Colorado River.
U.S. Sens. John Hickenlooper and Michael Bennet, both Colorado Democrats, have advocated for federal funds meant for Colorado to be released.
โSen. Bennet believes President Trumpโs shortsighted cuts to commonsense Colorado projects jeopardize rural communities, agricultural producers, and businesses across the state,โ Bennetโs staff said in a prepared statement. โGrantees should receive the resources that were appropriated by Congress and promised by the Administration to complete their work.โ
In early March, Southwestern and its partners had an open conversation about what to do with the regional director of Bennetโs office, John Whitney.
The strategy at the time, given the bipartisan support for the funding, was to have quiet conversations with Reclamation and Interior, Whitney told the gathering at the Southwestern Water Conservation Districtโs office in Durango.
โThere may come a time when we have to stand up and raise our hand to be the squeaky wheel, to demand the money be released,โ he said. โWe donโt think thatโs where we stand right now. We think an approach of quiet advocacy and outreach is the best.โ
Mancos and the Mesa Verde area from the La Plata Mountains.
Impacts in southwestern Colorado
Members of the Southwestern partnership have stuck to that strategy so far, but the uncertainty has been hard to bear.
The Bureau of Reclamation awarded $2.2 million to the Upper San Juan Watershed Enhancement Partnership for a project that would clear concrete slabs and steel out of an irrigation ditch to help the agricultural community; fix damage to the Upper San Juan River from a landslide; and plant willows and reshape the river channel to help aquatic ecosystems.
โYou canโt really proceed on anything. You can just hope that it goes,โ Leentjes said.
Leentjes is paid to keep these projects moving forward โ and without funding to make that happen, she spent a month wondering if she needed to look for jobs.
San Juan River Basin. Graphic credit Wikipedia.
It is also one of the first big projects for the Upper San Juan partnership after months of working with community members to identify which priorities should come first.
Their reputation is on the line, she said.
The Webber Ditch Company asked for $2.1 million to finally repair a 113-year-old diversion that sends water from the Mancos River to about 75 farmers and ranchers. The ditch company has been doing quick fixes on the rickety headgate for decades, Mike Nolan, company vice president, said.
โIt could fail us in a season. Thatโs always been our biggest fear. Say we get wild monsoon rains and the river picks up, we could potentially lose that structure,โ Nolan said. โThat could happen at a critical time for our water users. We could Band-Aid it, but thatโs not something we want to happen.โ
The Mancos Conservation District had several projects in mind. Staff wanted to cut back thirsty invasive plants, like Russian olive trees, and improve a river put-in next to a local school in Mancos. They had projects to help with fish passage when the river is low, district executive director Danny Margoles said.
โItโs been a complicated number of months for us,โ he said. The district had to lay off an employee and halt work on a project after the Trump administration canceled a different federal grant that was already contracted, confirmed and paying out.
The organizations were concerned about rippling impacts to state grants. Local organizations often use federal grants to cover their funding โmatchโ for state grants. Now those federal grants are uncertain, and theyโre not sure what the impact will be.
Margoles said he can sense the feelings of stress and uncertainty among his staff.
โEveryoneโs hanging in there,โ Margoles said. โEveryone does believe in the work theyโre doing, so thatโs what is keeping everyone going right now too. But thereโs a lot of uncertainty.โ
If a river running through your town is overused and underloved, it might be in line for a first-of-its-kind statewide restoration program, designed to assess and improve a riverโs health, its recreational assets, and its safety.
In March, Great Outdoors Colorado and the Colorado Water Conservation Board approved a combined $417,000 in seed money to launch the program, according to Emily Olsen, regional vice president of Trout Unlimited. The fish advocacy group is helping lead the initiative, known as Colorado Rivermap, along with the U.S. Bureau of Land Management.
The project will launch this year with the selection of a technical team to identify the river segments that are most in need of help, according to Doug Vilsack, Colorado state director for the BLM.
โThis is getting the big thinkers together and using the seed funding to see which reaches of rivers need our attention and how much funding we will need,โ Vilsack said.
Theyโll be looking for parks and river access points that are rundown and in need of repair and restoration. Theyโre on the hunt for stretches of river that have no access points, and those that have been used so heavily that streambanks are eroding.
Once the inventory is complete, the mapping group will turn to advocacy groups and agencies like Great Outdoors Colorado to ask for funding to make the improvements.
Colorado Rivermap has received letters of support from several local governments and counties, including Chaffee and Grand counties. And Olsen said local communities that want to be involved will be key to making sure there is main-street involvement in the work.
โWe are going to think hard about where we can add value and find things local communities can support,โ she said.
Other backers that will provide funding for the initiative include the Foundation for Americaโs Public Lands, Colorado Parks and Wildlife, and American Whitewater, Olsen said.
Colorado has eight major river basins. The waterways are a backbone of the stateโs thriving tourist economy. (Colorado Water Conservation Board)
Colorado is known for its scenic waterways and is home to eight major river basins, from the South Platte on the Front Range, to the Yampa River Basin in the northwestern corner of the state, to the headwaters of the Colorado River, in Grand County.
The rivers help lure millions of tourists to the state, intent on rafting and fishing in their waters and camping along their shores.
In 2023 the state saw record-high visits, with tourist numbers hitting 93.3 million and visitors spending $28.3 billion, according to reports by visitor research firm Longwoods International.
But the stateโs soaring popularity has also begun to wear on its iconic streams. The waterways, Vilsack said, โwill be in tougher shape if we donโt do this.โ
The initial survey of the rivers comes as Colorado launches a statewide recreation strategy, said Chris Yuan-Farrell, programs director for Great Outdoors Colorado.
โWe are planning what we need for outdoor recreation, habitat and natural resources health. Rivers are obviously a big component of this,โ Yuan-Ferrell said.
Initial steps include formation of the technical and mapping team. Olsen said they also plan to dramatically expand the team to include state and federal governments and private businesses with a stake in Coloradoโs recreation economy. Vilsack said they expect this work to be completed within two years.
Anyone interested in the project can contact Olsen at emily.olsen@tu.org.
February snowstorms brought some relief to parched landscapes in the Colorado River Basin, but the riverโs reservoirs are less than half full heading into a spring runoff season that is expected to be lower than normal, according to a briefing this week at the Upper Colorado River Commission.
The dry conditions underline water concerns in the drought-strapped river basin and come as high-stakes negotiations over new, post-2026 operating rules continue. If similar conditions occurred under any of the options for the new operating rules, it would mean deep cuts for Lower Basin states, which include Arizona, California and Nevada, officials said during the commissionโs meeting Feb. 18.
It was a โstarkโ report, said Rebecca Mitchell, Coloradoโs representative on the commission and the stateโs lead negotiator on Colorado River issues.
โWe have to acknowledge that cuts [in water use] are probable, possible and likely,โ she said. โI want to reiterate: We are committed to working with the Lower Basin states toward that seven-state consensus.โ
The Colorado Riverโs system of reservoirs store water to ensure critical supplies reach 40 million people across seven states, 30 tribal nations, and parts of Mexico.
As of Monday, the water stored in all of the basinโs reservoirs was 42% of the total capacity, according to a presentation during the commission meeting when the latest reservoir conditions were discussed.
Lake Powell, an immense reservoir on the Utah-Arizona border, was 35% full. And Blue Mesa, a federal reservoir and the largest reservoir in Colorado, was 62% full.
Westwide SNOTEL basin-filled map February 20, 2025 via the NRCS.
The reservoir levels will rise once the mountain snowpack melts in the spring. But the spring runoff forecast is low for all of the federal reservoirs in the Upper Basin, which includes Colorado, New Mexico, Utah and Wyoming. The runoff into Lake Powell is forecast to be 67% of average for April through July.
These conditions can change as more snow falls on the region, but the two-week outlook shows a return to dry conditions, according to the commission presentation.
In Colorado, the February snowstorms also helped boost the snowpack to 94% of the 30-year norm. The stateโs snowpack typically peaks in early April.
โThe snow brought us some positivity. I still like to remind folks, when we see Lake Powell at 35% full, that means itโs 65% empty,โ Mitchell said. โThatโs troubling.โ
If any of those alternatives governed water in the basin right now, then the three Lower Basin states would need to cut their use by 1.8 million to 2.8 million acre-feet based on the conditions in February, said Chuck Cullom, the commissionโs executive director. In the worst possible scenarios, the cuts would deepen to between 2.1 million and 3.2 million acre-feet.
How such cuts would play out among the four Upper Basin states, like Colorado, is less clear. Some options include cutting use by 200,000 acre-feet.
Each of the basins has the legal right to use about 7.5 million acre-feet of water per year. One acre-foot roughly equals the annual water use of two to three homes.
The post-2026 operating plans are not final, and negotiators from the seven basin states are still at odds over how cuts should be made in the riverโs worst years.
Graphic credit: The Colorado River water crisis its origin and future Jock Schmidt, Eric Kuhn, Charles Yackulic.
Lower Basin officials have said everyone needs to cut back in dry years, and voluntary conservation does not provide enough certainty.
Upper Basin officials say their states should not have to make mandatory water cuts but could do voluntary conservation. The Lower Basin is using more than its legal share and should cut its water use first, Upper Basin officials have said.
โThe opportunities for conservation and other activities in the Upper Basin is limited by water supply,โ Cullom said. โYou canโt conserve water that isnโt available.โ
โEveryone is sufferingโ
Upper Basin water users already experience water shortages every year โ and this must be acknowledged in how the river is managed in the future, officials said during this weekโs meeting.
According to the commissionโs analysis, water users in the Upper Basin end up using about 1.3 million acre-feet less than their full supply each year, based on data from 1991 to 2023.
The full supply is the maximum amount of water used. Across all four states, this maximum use typically totals about 5.18 million acre-feet per year. The commission says shortages happen when water users must use less than their normal maximum supply.
The Upper Basin hasnโt developed its full 7.5 million-acreโfoot share because of the uncertain water supply, officials said.
Scott Hummer, former water commissioner for District 58 in the Yampa River basin, checks out a recently installed Parshall flume on an irrigation ditch in this August 2020 photo. Compliance with measuring device requirements has been moving more slowly than state engineers would like. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
To cut water use, ditch riders tell water users to shut their headgates, which control how much water runs from one river, stream or ditch to another. Farmers get two cuttings of hay instead of three, which reduces their profits. Ranchers, facing higher hay prices or hay production challenges, might end up raising smaller cattle herds, impacting beef and dairy production, officials said.
The impacts keep going from there: People hire fewer ranch hands. Cities tighten their summer watering restrictions. Local recreation economies take a hit โ as do ecosystems that are overstressed by higher temperatures and drought.
Tensions rise between community members who need water for different reasons and are trying to share an uncertain supply, said Commissioner Brandon Gebhart of Wyoming.
โAnd trying to do that without completely destroying one or the other,โ he said. โOftentimes, this means that everyone is suffering.โ
Itโs time for an agreement in the Colorado River Basin, Colorado water and climate experts say.
Colorado River officials are at odds over how to store and release water in the basinโs reservoirs when the current rules lapse in 2026. Publicly, state negotiators stick close to their original, competing proposals, released early in 2024. Colorado experts watching the process understand the difficulty โ itโs painful to talk about cutting water use โ but time is of the essence.
Jennifer Pitt, the National Audubon Society’s Colorado River program director, paddles a kayak through a restoration site. (Source: Jesus Salazar, Raise the River)
โI have no idea whatโs going to get them to agreement,โ said Jennifer Pitt, the Colorado River program director for the National Audubon Society. โTo me, the biggest pressure seems like time is running out.โ
But there seems to be a lack of trust between the state negotiators, said Jennifer Gimbel, senior water policy scholar at the Colorado Water Center at Colorado State University.
โNot only is there this lack of trust, but there almost seems to be this effort to promote your own proposals by denigrating other proposals,โ Gimbel said. โThat frustrated me to no end. Itโs like they have these political rallies.โ [ed. emphasis mine]
If states are going to propose a united plan, then they need to do it by the end of 2025, preferably sooner, experts said.
โWe continue to stand firmly behind the Upper Division Statesโ Alternative, which performs best according to Reclamationโs own modeling and directly meets the purpose and need of this federal action,โ Coloradoโs negotiating team said in a prepared statement Tuesday.
The basin is also about to see new leadership at the federal level. Colorado water experts are waiting to know who President Donald Trump will appoint to key positions, like the commissioner of Reclamation and the assistant secretary for water and science.
โTheyโre in a really tough spot. I would understand that,โ said John Berggren with the environmental group Western Resource Advocates. โI hope theyโre continuing to negotiate and have productive conversations, and I hope theyโre open to some more creative options.โ
Planning for the extremes
So what options are they considering? In the absence of a seven-state agreement on how to manage the basinโs water supply, the Bureau of Reclamation outlined five possible plans in November:
No action: Included as a formality and shows the risk of doing nothing
Federal authorities: Includes maximum Lower Basin cuts of 3.5 million acre-feet in extremely dry years
Federal authorities hybrid: Includes maximum cuts of 3.5 million acre-feet in the Lower Basin and conserving up to 200,000 acre-feet in the Upper Basin
Cooperative conservation: Includes maximum cuts of 4 million acre-feet in the Lower Basin and conserving up to 200,000 acre-feet in the Upper Basin
Basin hybrid: Includes maximum cuts of 2.1 million acre-feet in the Lower Basin and conserving up to 100,000 acre-feet in the Upper Basin
Colorado experts want to make sure the federal planning process is broad enough to include the worst possible conditions.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
The Colorado River Basinโs flows are about 20% lower now than in the 20th century, said Brad Udall, senior water and climate research scientist at the Colorado Water Center at Colorado State University. Thatโs a drop from about 15.2 million acre-feet per year to about 12.4 million acre-feet, he said.
Thatโs not enough for the 15 million acre-feet allotted to the seven U.S. states, much less the additional water owed to Mexico and tribal nations.
Udall wants to make sure officials are planning for scenarios in which the riverโs flow drops by an additional 10%, or down to 11 million acre-feet.
โThe question is โฆ who takes the pain? Is it all Lower Basin? Is Upper Basin sharing that?โ he said.
One new detail for the Colorado experts who reviewed the report was the duration of the next management plan: Reclamation wants it to last for at least 20 years after 2026. It is unlikely to be a short-term, interim plan to give negotiators more time to reach a unified agreement.
The revised proposal submitted by the Upper Basin states โ Colorado, New Mexico, Utah and Wyoming โ also highlighted conserving up to 200,000 acre-feet of water (depending on river conditions), which seemed to move the states closer to alignment with Reclamation, experts said…
The Upper Basinโs revised proposal, and the federal options, include different โpoolsโ in Lake Powell on the Utah-Arizona border, which would function like savings accounts and could store water conserved by Upper Basin states. Colorado water experts are keeping a close eye on how these accounts might work.
โPutting water in Powell is a good thing, but nobody in the Upper Basin wants to send water to protect Powell that ultimately just runs downstream,โ said Steve Wolff, general manager of the Southwestern Water Conservation District based in Durango.
The experts wanted to know more about how conservation pools would function; how federal authorities in the basin might expand; which reservoirs will be included in the plan; what the impacts to the Grand Canyon would be under the different plans; and ultimately, what plan will stabilize the system.
Theyโll have to wait to find out: The bureau is expected to release a deeper analysis of how each alternative could impact water management in different conditions later this year.
The Bureau of Reclamationโs final selection will likely mix and match elements of the different alternatives, said Carly Jerla, senior water resource program manager with the Bureau of Reclamation in a December presentation in Las Vegas.
โItโs a shame we donโt have a combined Upper Basin and Lower Basin plan right now,โ Udall said. โOnce Reclamation does its modeling, weโll learn a lot. But we need a combined plan.โ
Potential property owners are often not asking enough questions about water, experts say โ and it can end up being a costly mistake.
When someone buys a property in Colorado, they can find themselves thrust into the complicated world of Western water. People looking in towns and cities might need to learn about providers and rate changes. Those interested in empty lots, unincorporated areas of counties or rural areas of the state might need to study up on water rights, wells and irrigation.
If theyโre prepared, buyers will reach out to experts, and even attorneys, to understand the ins-and-outs of their new water supply before signing a deal. If theyโre not, they could end up in the middle of a fight or with an expensive liability.
โThere have been neighborly confrontations over water,โ said John Wells, a broker and owner of the Wells Group in Durango. โIโve seen people turn other peopleโs ditches off, locking their headgates, unlocking their headgates. It doesnโt make for a good neighborly situation.โ
Western water law is frequently confusing โ even for experts and real estate agents. Interested buyers coming from out of state are often used to a completely different system of managing water. Urban residents looking to move into rural Colorado might have little experience with ditches, ponds or water law.
โMost brokers donโt understand it because itโs complicated and confusing, and it doesnโt really impact their clientโs ability to purchase a house,โ said Aaron Everitt, a Fort Collins-based broker and developer with The Group Real Estate.
But skipping past a thorough review of water assets can leave buyers with frustrating problems. They might face water bill increases, lead pipes, or leaky sprinklers. For more rural properties, a typo or missing signature in a water or land deed can take an extra month to fix. Ponds and reservoirs on a property might actually be illegal water storage โ which could take a court process or big dollars to resolve, said Bill Wombacher, an attorney with Nazarenus, Stack & Wombacher, who teaches a water law class for real estate agents.
New property owners might be surprised to see a stranger in their backyard clearing out a ditch โ or, as happened in 2022 in Kittredge, dozens of people using private property to access a popular creek running through private property, which prompted a local debate about public access.
It is easier to handle any water questions that come up before a deal is signed, and buyers might want to budget extra time in the purchase process for tasks like well inspections, said Amanda Snitker, chair of the market trends committee for Denver Metro Association of Realtors.
One piece of advice: โBe sure theyโre being thorough. Donโt be afraid to ask questions, even though they might seem silly,โ Wells said. โThereโs no silly question when it comes to water.โ
So what kind of questions should a buyer ask? [We] asked the experts to break it down.
I want to buy in an urban area. Where do I start?
People interested in buying a home, apartment or townhome in a more populated area โ like a town, city, special district or planned development โ should start by understanding their water supply and who provides it.
Is the property already connected to a main water system?
If so, it can save money for the buyer. Tap fees, the cost of adding a new connection, can be as low as $1,500 to $8,000, said Wells, who works in small towns and rural areas in southwestern Colorado. Or, the price of tapping into the local water system could be more like $50,000 in areas of the Front Range or $200,000 in some areas of the Western Slope where water supplies are tight, Wombacher said. Some water providers can also freeze adding new connections when their water system or supply is maxed out.
Who is the propertyโs water provider?
Some areas come with more established networks of pipes, canals, tunnels and reservoirs operated by a water provider. These water districts and utility providers are public entities, and buyers should know how functional or dysfunctional the organization is, Everitt said.
Itโs also helpful to understand if the organization is planning to build new water infrastructure or has a backlog of needed repairs, Snitker said. The cost of water and related fees can vary depending on the water provider, and itโs good to know those details up front, she said.
Graphic credit: EPA
The experts also recommended learning about wastewater systems, water quality and any water-related expenses that could come up for new owners. Here are some questions they recommended asking:
Has the property ever had any issues with galvanized pipes? Does it have any lead pipes?
What is the quality of the water, and are there any contaminants?
If there is a septic system, how old is it and where is it located?
Outside of a service area? Hereโs how to begin.
Not all properties lie within an established service area for a water provider, like homes in unincorporated areas, rural counties and some new developments.
Homes, ranches and land in rural areas also might come with water rights โ a complicated part of how Coloradans access water.
When a buyer tours a property, they should keep an eye out for certain features to know what to ask: Look for wells, ponds, lakes, ditches, streams, irrigation systems and other outdoor water features, experts said.
This Parshall flume on Red Mountain measures the amount of water diverted by the Red Mountain Ditch. Pitkin County commissioners approved a roughly $48,000 grant to pipe the last 3,600 feet of the ditch in the Starwood neighborhood. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
Whatโs up with ditches
Colorado is covered with a decades-old network of ditches that help transfer water to farmers, ranchers and communities around the state. These are often earthen, straight and clearly human-made, but they can also be easy to miss.
For Wombacher, ditch easements are the single most-frequent source of frustration among his clients, he said.
They are tied to a complicated system of water rights, which means ditch users have legal rights to receive a certain amount of water at specific times and locations during the year.
Ditch managers and users can move up and down the channel, even on private property, to do maintenance and manage water supplies.
That means property owners might see water flowing, but itโs not theirs to use. They cannot disrupt the transfer of water, use ditch water or move the ditches (unless they go to water court). If that does happen? โItโs like an immediate lawsuit every single time,โ Wombacher said.
Questions to ask:
Is it actively used?
How might this impact what I can and canโt do with the property?
If Iโm not able to move the ditch, do I still want the property?
Who operates the ditch?
See a pond, get the papers
If a buyer sees a pond or lake on the property, they should ask for the water court decrees attached to the stored water.
This pond in Chaffee County near Salida is one of thousands in the Arkansas River Basin that is being evaluated by the Division 2 engineerโs office as part of a new pond management program. Engineers say ponds without decreed water rights could injure senior water rights holders. Photo credit: Colorado Division of Natural Resources via Aspen Journalism
โThere are quite a few unlawful uses going on out there, particularly with ponds and reservoirs,โ Wombacher said.
Property owners build water storage and sometimes do not go through the water court process to get a legal right to access, store and use the water.
โJust because a seller has been able to get away with something for a long time, doesnโt mean the buyer will,โ Wombacher said. โAnytime thereโs a water use going on on a property, you want to make sure as a buyer that itโs a lawful use.โ
Typical water well
What does it mean if thereโs a well?
The state of Colorado regulates wells, and well permits come with specifications about how much water can be used and what it can be used for.
Interested buyers should start by learning about water court decrees and permits related to the well. The state has databases that can provide more information about a well using its permit number.
Adding new wells can be expensive and come with limitations based on the location and characteristics of a property, like whether it is larger or smaller than 35 acres, experts said. Buyers will also want to ask about any water quality, contamination or pressure issues in advance.
Questions to ask:
If there is not a well โ and a buyer might want one โ what are the options for getting a well?
Can you provide a recent inspection report?
Does the well produce the amount of water stated in the permit? If not, the property might need aย cistern.
โJust like you do a home inspection, you call someone and they do a well inspection,โ Snitker said.
What do I need to know about water rights?
Many properties, especially in rural areas, come with irrigation water supplies โ and therefore, water rights.
Water rights can add value to a property, but they also come with restrictions related to where, when and how much water can be used. These rights are legally tied to certain beneficial purposes, like farming, drinking, snowmaking, fire prevention and more.
โI think a lot of lay people, and itโs not their fault, think they can use water anytime they want,โ Wells said.
Some water rights are also more valuable than others: Under Colorado water law, more recently established โjuniorโ rights get cut off first when water is short so older and more valuable โseniorโ rights get their share.
Donโt need irrigation water? A property owner has to go to water court to change details of a water right. And a new owner canโt just own a water right and plan never to use the water for its intended purpose. If that happens, the state might analyze whether a right has been โabandoned,โ which could dissolve the right.
Water rights are often transferred from one owner to another using a deed or a title. New buyers should check to make sure these documents are in good order, Wells said.
โSometimes itโs prudent to hire a water attorney to make sure that what is in the deed matches what youโll actually be sold,โ he said.
Questions to ask:
How much water can I use, when, where and for what purpose?
What year is the water right, and how senior is it compared with others on the same stream or river?
What is the supply like in periods of drought?
Does the water right match what Iโd like to use the water for, or could I have to go to water court to change it?
Are the ditches, canals and other infrastructure that deliver the water well-maintained?
Douglas County is adding new homes like crazy. Some of its towns plan to double in size in the next 30 years, but these new homes use shockingly little water, blowing up traditional water planning rules and raising questions about how much water Colorado communities need to grow.
Sterling Ranch, for instance, has more than 10 years of data showing that the master-planned community of 3,400 residences just off Interstate 25 near Littleton uses just 0.18 acre-foot of water for each single family home, about 30% less than most urban homes, where 0.25 to 0.50 acre-foot per home is the norm. An acre-foot equals 326,000 gallons.
The community conserves by requiring water-wise lawns, using super-efficient showers and toilets, and installing separate meters for indoor and outdoor use. It also uses recycled water for its parks.
In response, Douglas County has allowed Sterling Ranch to adopt much lower water standards for the thousands more new homes it plans to build. The community will hold 12,500 homes when it is fully built.
Since 2013, Douglas County commissioners have twice allowed the community to dedicate less water to new homes, agreeing to a reduced standard of 0.40 acre-feet, from 0.75 in 2013 and to 0.24 in 2021. Next month, Sterling Ranch and its water district, Dominion Water and Sanitation, will ask the county for the authority to set the standards in the future as it sees fit, without county review, something that incorporated cities, such as Parker and Castle Rock do now.
Lindsay Rogers, a municipal water conservation analyst with Western Resource Advocates, said the lowering of water demand standards is welcome news.
โThe new standard is a good approach,โ she said, and very different from traditional planning efforts in Colorado, where cities routinely ask for much more water than is actually needed, placing higher demands on rivers and underground supplies and raising the cost of water service, a major contributor to higher home prices.
โWe want to see counties, cities, and water providers setting a water dedication that is as closely aligned as possible with the water use on site,โ she said.
โSterling Ranch is a great example who has done this well, and has proven savings, and should be rewarded for its efforts,โ she said.
More and more homes
Like other arid Western states being blistered by drought, warming temperatures, and lower stream flows, Coloradoโs water future is not assured. The Colorado Water Plan predicts that the state could need up to 740,000 acre-feet of new water supplies by 2050 under the most dire planning scenarios, where the climate warms intensely and growth surges.
But if new homes can operate with 30% less water than they once did, would that lessen future shortages and provide the state some breathing room? Possibly.
But itโs not likely to do much, according to Kat Weismiller, acting head of the water supply planning section at the Colorado Water Conservation Board, because the scale of development is small.
โWe look at a range of drivers, including social values, around water conservation and development to understand future water demands. While the new development at Sterling Ranch is innovative and sets an important example for how we can develop new communities in a water-efficient way, at this time, the scale of this type of development is fairly limited and it would be unlikely to meaningfully shift the way we forecast water needs at the state level or entirely close the gap,โ she said.
Ultra-water-efficient homes
The trend toward ultra-water-efficient homes appears to be on an upward trajectory.
Another large Douglas County development under consideration, the Pine Canyon Ranch on Castle Rockโs border, asked for and has been given preliminary approval by the Douglas County Planning Commission to build 800 new homes and 1,000 townhomes and apartments with just 0.27 acre-feet of water per home.
Kurt Walker owns Pine Canyon Ranch. His family has been trying to annex into Castle Rock for 20 years. Tired of waiting for the city to act, the Walker family went to the county. Its plan calls for a sophisticated recycled water system and water-efficient homes.
The plan has drawn opposition from Castle Rock and others worried about the potential use of nonrenewable groundwater, and added traffic and congestion. If the land is annexed into Castle Rock โ talks are underway again โ the city would likely supply the water, bringing the ranchโs groundwater into its own water system, which uses a combination of surface water, recycled water and groundwater. Castle Rock requires new homes to come with 1.1 acre-feet of water.
Walker said he believes a deal will eventually be reached with Castle Rock. But he defends his familyโs use of the nonrenewable groundwater it owns. In Colorado, landowners typically own rights to the water contained in the aquifers beneath their land.
โIf I really wanted to maximize the amount of houses on my property, I would not have reduced the water standard to 0.27. โฆ Our plan would leave about 50% of our groundwater rights in the ground, untouched,โ Walker said. โIf I was in this just to put as many houses on this property as I could, I would have taken everything out of the aquifer that I could. That could have added 600 or 700 houses onto what we proposed. But we didnโt do that.โ
Water stored in Coloradoโs Denver Basin aquifers, which extend from Greeley to Colorado Springs, and from Golden to the Eastern Plains near Limon, does not naturally recharge from rain and snow and is therefore carefully regulated. Courtesy U.S. Geological Survey.
A look into the past
There was plenty of that type of development in the 1970s as Douglas County began to boom. Developers tapped its groundwater repeatedly. The water was so pure, it needed little treatment. Other cities, such as Denver, brought water over mountains from miles away. But here, it could just be pulled up through a water well. This helped keep the cost of building homes low and lured developers who built Highlands Ranch, Parker and Castle Rock.
But those underground water supplies proved to be fragile. Some aquifers can be recharged from snowmelt and rain, but these, in the Denver Basin, are sealed in rock formations which recharge slowly. As pumping increased, the aquifers declined. Soon, wells began to fail and alarms began ringing.
The water picture today is much different. In 1985, state lawmakers forced well owners to limit their pumping by extracting just 1% of available water supplies each year, in the hope of extending the aquifersโ life for 100 years.
Now, though the Denver Basin aquifers continue to supply millions of gallons of water to Douglas County communities, the declines have slowed, and water districts and cities have moved to develop and use renewable surface supplies from rivers, and from recycled water plants.
And the county itself is much more concerned about future water supplies today. Though it does not own reservoirs and pipelines, it guides water use, as other counties do, by regulating how much water developers must bring to the table before they are approved to begin building.
This year it created its own Water Resources Commission and is creating a 25-year water plan. The county has been criticized for not creating a longer-term plan, say 100 or 300 years, as nearby counties have done. But County Commissioner George Teal said the 25-year plan is only a first-step.
โWe plan on a 20-year horizon right now,โ he said. โIt doesnโt mean we wonโt do a 100-year plan at some point.โ
Some say itโs time to stop groundwater use entirely
Steve Boand, a former county commissioner and water consultant, has been monitoring the health of the countyโs groundwater supplies for decades.
He supports lower water requirements for new homes, but he wants the county to go further and outlaw building solely with nonrenewable groundwater, something he acknowledges isnโt on the countyโs political radar right now.
โItโs up to community planners to figure out what the right balance is โ 0.5 is OK, if a house only needs 0.3, and 0.2 can be allocated to other uses, like park land,โ Boand said. โWe have to try these things to see if they will work.โ
Western Resource Advocatesโ Rogers says sheโs encouraged by the data, at Sterling Ranch and elsewhere, that shows new homes can be built with much lower water profiles. That they are also likely to encourage more growth is real but less concerning, she said.
โItโs possible that these new standards will mean more homes,โ she said. โBut growth is happening, and it is going to continue whether it is in Douglas County or other places in Colorado. The fact that the growth is happening in places like Sterling Ranch, where they have all of these efficiencies in place, is a good thing.โ
dCrystal Lake with San Juan mountains in the background near the Uncompahgre River โ one of the tributaries of the Colorado River. Photo by M. Raffae
The importance of the Colorado River cannot be overstated for the American West. The river and its tributaries serve more than 40 million people by providing drinking and municipal water. The water from the river basin irrigates more than 5 million acres of land, which produces around 15% of the nationโs crops. The dams in the basin generate 4,200 megawatts of hydro-power. Overall, the river system sustains over 16 million jobs, contributes $1.4 trillion per year to the economy, and supports terrestrial and aquatic ecosystems (USBR, 2012.)
West Drought Monitor map October 8, 2024.
However, the current drought that has lingered for decades now poses a significant threat to everything that depends on the mighty Colorado River. The river basin lies in the region which is infamous for its natural variability. Over the course of history, the region has had cycles of dry and wet periods, which may also make the present drought look like a natural phenomenon alone. However, a study conducted in 2021 showed that around 19% of the current drought conditions can be attributed to human-induced climate change. Not only that, but the conditions are worse than they have been in at least 1200 years.
Since 90% of the streamflow in the Colorado River originates in the upper part of the basin,several studies over the years have focused on watershed modeling in that region many studies have investigated historical flows, while others have included baseflow โ the steady release of groundwater that seeps into a stream or river. Some have gone further to use historical streamflow and baseflow to predict future conditions in the river basin using various climate models. However, almost all studies have either used pre-development scenarios โ conditions when there was little to no water infrastructure such as dams, canals, levees, etc., management, and regulations โ or have used oversimplified models that ignore the complexities of groundwater movement, storage, and interactions with the surface water.
The Colorado River Basin is one of the most highly regulated and over-allocated river systems in the world. As a result, basing studies on pre-development scenarios seems to be of little practical importance in this day of rapidly changing climate. Moreover, the importance of groundwater and its interactions with surface water cannot be ignored, as more than half of the streamflow in the basin is contributed by baseflow.
Colorado transmountain diversions via the State Engineer’s office
The river basin also has trans-basin or trans-mountain diversions. These diversions bring water from the western slope of the Rocky Mountains, which are in the Colorado River Basin, to the eastern slope of the Rockies outside of the basin. These diversions have also been ignored in previous models.
Map credit: AGU
Therefore, my team, which includes my Ph.D. advisor at CSU, Associate Professor Ryan Bailey, and two scientists from the Agricultural Research Service, is working to address this knowledge gap by incorporating key hydrological processes that were overlooked in previous research studies. We are using a physically based and spatially distributed model to build and quantify historical streamflows and groundwater levels in the Upper Colorado River Basin for the post-development scenario. A physically based model simulates how water moves through the environment, using real-world processes, instead of relying on statistical patterns. A spatially distributed model, on the other hand, takes into account differences in the landscape and natural features across different areas. In our model, we have included reservoirs, canals, irrigation schedules, floodplains, trans-basin diversions, and tile drainage โ an agricultural drainage system that removes excess subsurface water from irrigated fields. The model also simulates groundwater fluxes such as groundwater recharge, canal seepage, tile drainage flow, saturation excess flow, lake and reservoir seepage and evaporation, and groundwater-floodplain exchanges, which can be used to identify spatio-temporal patterns in the river basin.
Once we simulate the historical hydrology and fluxes, we plan to run what-if scenarios, hypothetical situations to help us analyze different options, for several water management, land use change, and climate change scenarios. This will allow us to come up with best management practices to address water issues and manage water resources more effectively and efficiently.
Historic photo of the Lee’s Ferry gage on the Colorado River. Photo credit: USGS
In the final phase of the study, we use what-if scenarios to assess the political and socio-economic aspects of the model. This includes, crop budgets, agricultural productivity in monetary terms, possibility and probability of Denver getting shut out from trans-mountain diversions in case of a drought, economic implications of sustainable groundwater use, the amount of water flowing at Leeโs Ferry in Arizona โ the dividing point of the upper and lower basins, and so on.
The findings of this study can influence how water managers, government agencies, farmers, and other stakeholders approach water use and management for higher revenues and sustainability. Ecologists can gain insights into future streamflows and their potential impacts on aquatic ecosystems. Additionally, it will provide the scientific community with a solid foundation and valuable catalyst for future research. In the long run, these findings can help shape water policy, advancing the goal of achieving integrated regional water management.
M. Raffae
The fate of the Colorado River Basin does not only depend on the climate and its variability, but also on the policies we create that define how we store, move, use, and manage our water. To come up with policies that help us sustain the economy, environment, and society, it is imperative that we conduct a comprehensive hydrological modeling study for the post-development scenario that shows us both our best- and worst-case scenarios for the future to better prepare for it. This study is an ambitious attempt to do so.
About the author:ย M. Raffae is a Ph.D. student in the Department of Civil and Environmental Engineering at Colorado State University (CSU) funded by the Fulbright Foreign Student scholarship program. He is also a fellow in the NSF Research Traineeship (NRT) Program InTERFEWS at CSU.
A powerful sprinkler capable of pumping more than 2,500 gallons of water per minute irrigates a farm field in the San Luis Valley June 6, 2019. Credit: Jerd Smith via Water Education Colorado
Youโve heard the news: Farmers and ranchers use roughly 80% of the water in Colorado and much of the American West.
So doesnโt it make sense that if growers and producers could just cut a bit of that, say 10%, we could wipe out all our water shortages? We probably couldnโt water our lawns with wild abandon, but still, wouldnโt that simple move let everyone relax on these high-stress water issues?
Not exactly. To do so would require drying up thousands of acres of productive irrigated lands, causing major disruptions to rural farm economies and the agriculture industry, while wiping out vast swaths of open space and habitat that rely on the industryโs sprawling, intricate irrigation ditches, experts said.
Take a look at the numbers in Colorado. The state produces more than 13.5 million acre-feet of water every year, but only about 40% of that stays here, according to the Colorado Water Plan. The rest flows downhill to satisfy the needs of other states across the country.
Of the 5.34 million acre-feet that is used here at home, 4.84 million is used by ranchers and farmers to grow cows, lamb, pigs, corn, peaches, onions, alfalfa and a rich list of other items that produce the food we eat here in Colorado, the U.S. and internationally.
All told, the agriculture industry is one of the largest in the state, and includes 36,000 farms employing 195,000 people, according to the Colorado Department of Agriculture, and generates $47 billion annually in economic activity.
But here is the hard part. Thanks to crumbling infrastructure, chronic drought and climate-driven reductions in streamflows, the industry is already facing annual water shortages of hundreds of thousands of acre-feet. That number could soar as stream flows continue to shrink and populations continue to grow, according to the water plan.
An acre-foot equals enough water to serve two to four urban households, or a half acre of corn.
โAlready, statewide there are irrigated crop producers who donโt receive water in some years,โ said Daniel Mooney, a Colorado State University agricultural economist.
โIf we had to cut another 10%, those people who are already at the margins would be impacted. I would say we canโt afford to do that.โ
Out in the fields, just as cities are trying to cut water use inside and out, ranchers and growers are trying to cut back as well because they donโt have as much as they once did.
That too is challenging, according to Greg Peterson, executive director of the Colorado Agricultural Water Alliance.
These hay bales stand ready to be collected on a ranch outside of Carbondale. Upper Colorado River Basin officials are working on a memorandum of understanding with the U.S. Bureau of Reclamation so water saved as part of conservation programs can be tracked and stored in Lake Powell. Credit: Heather Sackett/Aspen Journalism
Despite years of work, the transition from farming and ranching in water-rich Colorado, to water-short Colorado is still evolving.
Peterson cites one crop experiment, where a new type of grass, or forage, was grown to replace alfalfa, a water guzzler.
Twenty farmers in the pilot program switched crops, saving an acre-foot of water per acre of land. Initially, they got $200 a ton for the new grass crop. Today, that same crop is selling for $90 a ton.
โWe flooded the market,โ Peterson said. โSo now we need to look at hiring a marketer to find new markets. Changing what they grow might be the easiest thing to do.โ
Finding funding to create new lines of production and new markets is also needed, Peterson said.
In the quest to help farmers stretch existing water supplies, the state and the federal government have spent millions of dollars helping pay for lining irrigation ditches and piping water underground, among other things. But that doesnโt create new water.
Delta County farmer Paul Kehmeier stands atop a diversion structure that was built as part of a project to improve irrigation infrastructure completed between 2014 and 2019. Kehmeier served as manager for the ditch-improvement project, which was 90% funded by the Bureau of Reclamation and serves 10 Delta County farms with water diverted from Surface Creek, a tributary of the Gunnison River. Lining and piping ditches, the primary methods used to prevent salt and selenium from leaching into the water supply, are critical to the protection of endangered fish in the Gunnison and Colorado river basins. Photo credit: Natalie Keltner-McNeil/Aspen Journalism
Colorado has lost roughly 32% of irrigated lands since 1997, according to the National Agricultural Statistics Service. New state policies designed to make it easier and more lucrative to share water between agricultural producers and cities through long-term, temporary leases, rather than having the water permanently removed, have done little to slow the loss of irrigated agriculture, according to Jim Yahn, manager of the North Sterling Irrigation Company in the northeastern corner of the state.
Such deals often require a trip to Coloradoโs special water courts, where the legal right to use the water must be changed from agricultural to industrial or municipal use.
โWe can recoup money from leasing,โ Yahn said. โBut itโs whether you want to take the step. Itโs scary because when you go into water court, you never know how a judge might rule.โ
Yahn was referring to the amount of water associated with water rights. If growers havenโt tracked their water use annually and lack adequate records, a judge could determine that there is less water associated with that water right than originally believed.
Perry Cabot, a Grand Junction-based agricultural research scientist, has been studying farm water use for decades, testing new ways to help growers stretch water supplies and examining leasing programs that pay growers well and slake the thirst of city dwellers and industry.
Leasing water almost always means drying up land, even if only on a temporary basis. Alfalfa, Cabot said, is one of the few crops that tolerates fallowing well, but it has to be done carefully.
โIt is not unrealistic to expect a 10% reduction in use (in a growing season). But that means less hay,โ he said.
Milkweed, sweet peas, and a plethora of other flora billow from Farmerโs Ditch in the North Fork Valley of western Colorado. Jonathan P. Thompson photo.
But then what do cows eat in the winter, Cabot asked. โThey are not going to go to Florida. So then do you sell them and buy them back next year (when you have the water to grow hay again). No.โ
Agriculture experts say the simplest and most destructive way to cut agricultural water use enough to make up for looming shortages would be to continue drying up large swaths of farm and ranch lands that are already struggling.
โIs it possible? Yes.โ irrigator Jim Yahn said. โBut is that more important than growing food and supporting local economies? And itโs not just food. What about the open spaces and habitat that our irrigation systems create?โ
Sept. 20, at a Grand Junction water conference sponsored by the Colorado River District, Bob Sakata was handing out T-shirts that say โWithout the farmer you would be hungry, naked and sober.โ Sakata is agricultural water policy adviser to the Colorado Department of Agriculture.
Heโs been thinking about ways to keep farmers whole even as water supplies shrink, including paying farmers for the benefits their open spaces and lush habitats provide all Coloradans.
And he warned against taking the cost of agricultural water cuts lightly. โWeโve lost 1 million irrigated acres in this state,โ he said. โThat is scary.โ
More by Jerd Smith. 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.
Four years after a high-profile dam restoration project was completed in the scenic headwaters of the Rio Grande, promises to deliver water for fish during the winter and other recreational benefits have not been met, environmental groups charge.
The Rio Grande Reservoir Project was funded by state loans and public grants provided by the Colorado Water Conservation Board, which often bases financing approvals, in part, on a projectโs ability to serve multiple purposes, including water for fish, habitat and kayakers.
โThe Colorado Water Conservation Board โฆ provided $30 million in the form of loans and grants to complete the project,โ the CWCB said In aย project updateย posted on its website. โBenefits include: instream flow enhancement; channel maintenance; outdoor recreation opportunities; terrestrial and aquatic wildlife habitat; irrigation, augmentation; and storage to comply with the Rio Grande Compact between Colorado, New Mexico, and Texas.โ
The public-private project was completed in 2020.
The CWCB declined an interview request for this story, but said in an email that there were no specific conditions in the loans and grants tied to providing environmental benefits.
โCWCB does not have the ability to impose extra terms on the recipients of funds that are not articulated in the funding agreements. In the case of the Rio Grande Reservoir Rehabilitation, the final deliverable was completion of the project,โ a spokesperson said.
Still Kevin Terry, southwest program director for Trout Unlimited, said the project would likely never have been funded without assurances that the dam would be operated differently to help the river, including releasing water in the winter to aid the fish and changing the time water is released throughout the summer to keep the river cooler and healthier during prime fishing and kayaking season.
โThere were lots of environmental benefits touted before the Colorado Water Conservation Board and the roundtable,โ Terry said, referring to the Rio Grande Basin Roundtable. The roundtable is one of nine public groups across the stateโs major river basins that help address local water issues and funnel state grants to projects they approve.
The San Luis Valley Irrigation District, which owns and operates the dam, serves farms around Center and has delivered water from the dam since 1912, according to its website. Neither District President Randall Palmgren nor Superintendent Robert Phillips responded to numerous requests for comment.
The district uses the reservoir to store water for irrigators. Trout Unlimited and others arenโt asking for any water, they say, just that existing water that would be released anyway be sent downstream at times that are beneficial to the river.
Screenshot from Google Maps
Among key complaints by environmentalists is that the irrigation company is not allowing water to flow out of the rehabilitated dam during the winter, something that would benefit young fish and allow them to grow larger for the next fishing season.
Terry said the irrigation district has said it canโt deliver that winter water because it is difficult to operate the new equipment in freezing winter weather. But Terry said he doesnโt understand how the project could have been built without the ability to deliver in cold weather, something that occurs routinely in other reservoirs in the valley.
Jim Loud, a Creede resident and avid angler who lives on the river, said he and others are tired of waiting for the river to receive the benefits many believed would have been delivered by now.
โAll we want is to get them to do what they said they were going to do,โ said Loud, citing numerous CWCB documents dating back several years outlining the environmental benefits of the project. Loud is part of the Committee for a Healthy Rio Grande.
Rio Grande and Pecos River basins. Map credit: By Kmusser – Own work, Elevation data from SRTM, drainage basin from GTOPO [1], U.S. stream from the National Atlas [2], all other features from Vector Map., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=11218868
The old days werenโt fun
The conflict comes as the Rio Grande Basin, which begins high above Creede and flows south to the Gulf of Mexico, continues to struggle with declining aquifer levels due to heavy agricultural use and low stream flows due to drought and climate change. In Colorado, the Rio Grande waters a potato industry that is one of the largest in the nation.
The last days of the potato harvest. Photo credit: The Alamaosa Citizen
Creede local Dale Pizel, who owns a ranch on the river and caters to the fishing community, said river conditions have improved some since the dam was rebuilt. Prior to the project, the irrigation company would routinely dry up the river for weeks during the high summer tourist season to make repairs to the dam.
โThat doesnโt happen anymore,โ Pizel said. He too serves on the Rio Grande Basin Roundtable, which also approved some grants for the project.
โI voted for that project knowing it would have environmental benefits, and it did,โ Pizel said, because there is no need for the irrigators to dry up the river to repair a failing dam anymore.
Still, he said, if environmental promises are being made publicly, the state needs a better way to make sure they are kept.
Trout Unlimitedโs Terry said for years he was hopeful that the rehabilitated dam would serve as another multiuse storage project in the water-short valley helping farmers and the environment.
โWe are so disappointed in the delivery of what was promised and the lack of the CWCB holding the irrigation district accountable in any way,โ he said.
Altering the damโs new equipment so that winter releases can occur will likely require spending about $5 million, according to Terry.
Pizel and others hope a resolution between the farmers and the environmentalists can occur without legal action.
โWe donโt want to start thumping each other in the chest,โ Pizel said. โThatโs the way it was in the old days. It was not fun.โ
Juan Pรฉrez Sรกez has been named the next Executive Director of Water Education Colorado. He will succeed Jayla Poppleton, who has been in the leadership role since January 2017. He officially takes the reins beginning on September 23.
Pรฉrez Sรกez has spent two decades championing water conservation and environmental stewardship issues. Pรฉrez Sรกez was most recently the Executive Director for Environmental Learning for Kids (ELK), a Denver-based organization that educates Colorado youth about science, math, leadership and career opportunities by exposing them to outdoor experiences and service learning.
โI am thrilled to have the opportunity to lead this organization, and through our programs continue to inform all Coloradans on how to be better stewards for the precious resource of water. WEcoโs mission is instrumental to the sustainable future of our state, and our present and future generations,โ said Pรฉrez Sรกez.
He comes to WEco with a broad range of experience.
Pรฉrez Sรกez previously worked with The Wilderness Society where he managed their strategic partnerships and helped bring together community leaders from many Western states. He also served as Conservation Coloradoโs Organizing Manager for its Protรฉgete Program aimed at elevating the Latino community in ongoing natural resource issues.
Jayla Poppleton and Lisa Darling. Photo credit: Greg Hobbs
WEco Board President Lisa Darling introduced Pรฉrez Sรกez at WEcoโs annual Presidentโs Reception last evening. โJuan brings an incredibly diverse background to the position and we are looking forward to his leadership of Coloradoโs foremost water education organization. We see him continuing the excellence of our existing programs and publications, while exploring new initiatives and audiences.โ
Pรฉrez Sรกez was born in Panama where he graduated from the National University in Engineering and Environmental Management. He later attended Ohio State University on a Fullbright Scholarship graduating with a Master’s of Science degree in Natural Resources with a focus on environmental social sciences.
In Panama he served as the National Coordinator for the โMillion Hectares Alliance,โ which was an ambitious strategy to restore a million hectares of degraded land in five different watersheds across the country. Following his graduation at Ohio State, Juan worked with Amish and Mennonite farmers in Ohio to learn from successful water quality trading programs.
An accomplished bilingual speaker, Pรฉrez Sรกez is a member of the Advisory Council for the Colorado Office of Outdoor Recreation, serves as the Chair for the Governorโs Commission on Community Service, and is a National Board Member for the Next 100 Coalition.
WEco is the leading statewide water education organization for informing and energizing Coloradans on water issues. Created by the State Legislature in 2002, WEcoโs goal is to ensure that all Coloradans are both knowledgeable about key water issues and equipped to make smart decisions for a sustainable water future.
Please welcome Juan to the Water Education Colorado team!
For further information: watereductioncolorado.org
Blanca Wetlands, Colorado BLM-managed ACEC Blanca Wetlands is a network of lakes, ponds, marshes and wet meadows designated for its recreation and wetland values. The BLM Colorado and its partners have made strides in preserving, restoring and managing the area to provide rich and diverse habitats for wildlife and the public. To visit or get more information, see: http://www.blm.gov/co/st/en/fo/slvfo/blanca_wetlands.html. By Bureau of Land Management – Blanca Wetlands Area of Critical Environmental Concern, Colorado, Public Domain, https://commons.wikimedia.org/w/index.php?curid=42089248
Dozens of environmentalists, homebuilders, farmers and road builders, along with Colorado water quality regulators, will buckle down next week to begin work on a complex new set of rules designed to protect thousands of acres of wetlands for years to come.
And, yes, they want your help.
Coloradoโs Water Quality Control Commission plans a series of public meetings in the coming months, with a kickoff meeting Sept. 4, followed by workshops Sept. 13 and Oct. 4. Meetings will be held virtually and workshops will be held virtually and in person, according to state health officials.
Colorado is the first state to address a major gap created last year when the U.S. Supreme Court, in its Sackett v. EPA decision, wiped out a critical set of environmental safeguards contained in the Clean Water Act.
Healthy mountain meadows and wetlands are characteristic of healthy headwater systems and provide a variety of ecosystem services, or benefits that humans, wildlife, rivers and surrounding ecosystems rely on. The complex of wetlands and connected floodplains found in intact headwater systems can slow runoff and attenuate flood flows, creating better downstream conditions, trapping sediment to improve downstream water quality, and allowing groundwater recharge. These systems can also serve as a fire break and refuge during wildfire, can sequester carbon in the floodplain, and provide essential habitat for wildlife. Graphic by Restoration Design Group, courtesy of American Rivers
House Bill 1379, approved by Colorado lawmakers in May, identifies which streams and wetlands must be protected, and where exceptions and exclusions for such things as homebuilding, farming and road building will apply. During the next 16 months, the rules spelling out how the law will be enforced must be crafted and approved by the Colorado Water Quality Control Commission.
Lawmakers have given the regulators and participants until December 2025 to finish the rules and launch the oversight program.
โFor 50 years we all depended on the Clean Water Act to protect our watersheds,โ said Stu Gillespie, an attorney with EarthJustice who helped negotiate House Bill 1379. โBut that was taken away by the Supreme Court. Now we all need to be involved because we all rely on these watersheds. I hope people will keep tabs and engage from the outset so we donโt lose any more wetlands and streams.โ
Ephemeral streams are streams that do not always flow. They are above the groundwater reservoir and appear after precipitation in the area. Via Socratic.org
The Sackett case had major impacts in Colorado and the West, where vast numbers of streams are temporary, or ephemeral, flowing only after major rainstorms and during spring runoff season, when the mountain snow melts. The Sackett decision said, in part, that only streams that flow year-round are subject to oversight. It also said that only wetlands that had a surface connection to continually flowing water bodies qualified for protection. Many wetlands in Colorado have a subsurface connection to streams, rather than one that can be observed above ground.
House Bill 1379 corrected those problems.
But lawmakers and others remain worried that the Colorado Department of Public Health and Environmentโs Water Quality Control Division, already facing a major backlog on issuing permits for one of its programs, will have difficulty keeping up with the permitting demands of the new wetlands program.
Sen. Barbara Kirkmeyer, a Republican from Brighton, said she is hopeful that new requirements calling for frequent reporting to the stateโs Joint Budget Committee, or JBC, and lawmakers will keep the program on track and help fill the funding gaps that have plagued the health department in recent years.
Lawmakers have provided nearly $750,000 this year for the initial work and OKโd four new full-time positions for the program as well as part-time legal support, according to the final fiscal note on House Bill 1379.
โWeโve always understood that we needed a permitting process in place,โ Kirkmeyer said Aug. 20 at a meeting of the Colorado Water Congress. โBut we also need safeguards to ensure there is oversight at the JBC so we can ensure permits are being processed in a timely manner.โ
Colorado tribes want to offer online sports betting. But their tax status, and other issues, has some people worried that allowing the Southern Ute and Ute Mountain tribes to offer remote wagering on professional sports might siphon valuable revenue away from Colorado water projects.
The Colorado Department of Revenue declined to comment on the specifics of the dispute, while tribal representatives say they are frustrated with the stateโs refusal to allow them to offer it.
In November, a proposition referred to the ballot by lawmakers in House Bill 1436, will ask voters to allow the state to keep more of the revenue generated by sports gaming. Taxes collected on those bets, which were authorized in 2019, are projected to generate $34.2 million in tax revenue in the stateโs next fiscal year, which begins July 1.
Under the current sports gaming law, the state cannot collect revenues in excess of $29 million. If voters approve the ballot measure, that cap would be removed, potentially generating millions of dollars more for water programs.
Remote sports betting is offered by casinos in Black Hawk, Central City and Cripple Creek, but the tribes have so far not been allowed to participate because of a failure to reach an agreement with the state on how it would operate, according to Peter Ortego, a lawyer representing the Ute Mountain Ute Tribe, in Towaoc. Ortego said the Ute Mountain Ute have not taken a position on the new ballot measure.
Representatives for the Southern Ute Tribe in Ignacio did not respond to a request for comment.
One of the issues is taxation. Because tribes are sovereign nations, they are exempt from paying state taxes. That tax-free status is problematic from the stateโs perspective because if tribes allowed other commercial gaming companies to locate a remote sports betting kiosk on tribal land, it too would be exempt from taxation, shrinking the amount of money the state could collect for water programs including conservation, habitat restoration, stream protection and planning and storage, according to state Rep. Dylan Roberts, D-Frisco.
โWhen the legislature referred the sports betting initiative to voters in 2019, a key part was the state collecting tax on the revenues and dedicating 90% of that money to water projects,โ Roberts said. โNow there is a concern that if the physical locations moved to tribal lands, we would lose most of the funding for water.โ
The Colorado Gaming Associationโs stance on the issue is not clear. The trade group did not respond to a request for comment.
Lawmakers are expected to take up the issue later this summer when a special interim committee on tribal affairs meets, Roberts said.
โI would be open to finding a middle ground. The complication is that tribal lands are not subject to state law, so lawmakers have very little ability to work in that space,โ Roberts said.
Previous attempts to break the impasse have failed. The Ute Mountain Uteโs Ortego said itโs not clear when โ or if โ the dispute will be resolved.
โWe want the opportunity to do what every other casino in the state is allowed to do,โ Ortego said. โAnd we believe we have the right to do so.โ
Autumn view of the wetlands and cottonwood groves in the Yampa River basin at Carpenter Ranch, located west of Steamboat Springs, Colorado. Photo courtesy of The Nature Conservancy
One year after the U.S. Supreme Court removed federal regulations protecting wetlands and streams from development pressures in its Sackett v. the EPA decision, Colorado is the first state in the nation to pass legislation replacing those regulations, according to a new national report.
The report, by the Clean Water For All coalition and Lawyers for Good Government, shows that eight other states have taken action to restore some level of protection or are trying; five launched failed attempts to impose further cutbacks; and one state, Indiana, rolled back protections further. Thirty-five states have taken no action.
Environmentalists say the spotty response is a clear indication that Congress must intervene to create consistent, clearly defined protections that work for all states, and which protect rivers and wetlands that cross state boundaries.
โDifferent states are struggling to see how to respond to it,โ said Kristine Oblock, senior campaign manager for the Clean Water for All coalition. โAnd the state-by-state solutions are not going to be enough to protect our waters. โฆ Our goal is to restore federal protections.โ
The problem is particularly acute in Colorado and other Western states, where vast numbers of streams are temporary, or ephemeral, flowing only after major rainstorms and during spring runoff season, when the mountain snow melts. The Sackett decision said, in part, that only streams that flow year-round are subject to federal oversight. It also said that only wetlands that had a surface connection to continually flowing water bodies qualified for protection. Many wetlands in Colorado have a subsurface connection to streams, rather than one that can be observed above ground.
The Sackett decision came after decades of federal court battles over murky definitions about which waterways fall under the Clean Water Actโs jurisdiction, which wetlands must be regulated, and what kinds of dredge-and-fill work in waterways should be permitted. There also were long-running disputes over what authority the act had over activities on farms and Western irrigation ditches, and what activities industry and wastewater treatment plants must seek permits for.
Finding a clear, bipartisan solution that Congress might embrace isnโt likely to be easy. โItโs only been a year, so a lot of different entities are still working out the path forward,โ said Jonathan Wood, vice president of law and policy at Montana-based Property and Environment Research Center, or PERC, a conservative think tank that filed a brief supporting the Sacketts, in last yearโs Supreme Court case. The Sacketts are private landowners.
โItโs possible that Congress could act,โ Wood said. โI think there is an appetite for it but it seems unlikely. And if the suggestion is to just go back to how it was applied pre-Sackett, I donโt see a path forward for that.โ
Polls in Colorado and nationwide show majority support among Democrats, Republicans and independents for restoring protections.
Colorado lawmakers were able to win bipartisan backing for their bill after weeks of intense negotiations. Whether the same thing could occur at the national level is a big question.
โBipartisan is easier at the state level because you arenโt trying to regulate different hydrologies across the country. Any time youโre trying to establish a rule that applies to New England and the West, it is difficult,โ Wood said. That Colorado lawmakers were able to agree on regulatory exemptions for agriculture, developers, some cities and other industries also likely helped propel the measure to passage, Wood said.
And there are other options besides Congress. PERCโs mission is to find free market solutions to environmental problems. Wood said PERC would like to see incentives for private landowners to protect wetlands, something Indiana lawmakers approved this year, even after removing other protections. PERC would also like to see industry held accountable for paying the costs of restoring the wetlands that have already been lost.
โWetlands reduce pollution from someone else, so why not make the polluters pay,โ Wood said. โThese kinds of opportunities all provide a path forward that is less conflict ridden than the Clean Water Act regulations that have applied for the last several decades.โ
Still, environmentalists plan to keep their eyes on Congress, said Josh Kuhn, senior water campaign manager for Conservation Colorado.
โItโs clear that there is bipartisan support for this effort from the public and we need them to make their voices heard,โ Kuhn said. โDoing so will create the political will to address the threat of deteriorating water quality and the impacts of climate change,โ Kuhn said.
More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.
Click the link to read the article on the Big Pivots website (Allen Best):
May 14, 2024
Ranchers in Coloradoโs Yampa River Valley traditionally measured the severity of winters by snow accumulation on their stock fences. Plentiful accumulation put the snow at the top wire, making it a three-wire winter. Four wires have become the norm on stock fences. No matter. By early March 2023, those wires at the foot of Rabbit Ears Pass were covered too. The Yampa Valley was sublimely white. It was a winter like the old days.
As expected, runoff was big and thrashing. Creeks tumbling through Steamboat Springs in May spilled over their banks. Downstream 75 miles, the Yampa River at Maybell peaked on May 18 at 16,500 cubic feet per second, more than 200% the average peak streamflow at that gauging station.
What happened afterward was very different. By July, the Yampaโs meager flows in Steamboat so concerned water managers that they nearly closed the warming river to recreationists in order to protect fish.
Snow topped the stock fences at the foot of Rabbit Ears Pass on March 4, 2023. Photo/Allen Best
That big snowpack that resulted in head-high snowbanks along the streets in Steamboat? It produced a big runoff. But thievery had also occurred. Who or what absconded with the water? And how?
This mystery was not entirely new. April 1 snow depth in the Yampa and most of Coloradoโs river basins has rarely correlated perfectly with runoff. Whether spring weather turns wetter and cooler or hotter and drier can alter the runoff dynamics. โThere is always that component of what the temperature and precipitation regimes are from April 1 through July,โ says Karl Wetlaufer, a hydrologist and assistant supervisor at the Natural Resource Conservation Service, the federal agency that delivers the longest-running and most-used runoff forecasts. โThey really drive a lot of what those forecast errors end up being.โ
SNOTEL automated data collection site. Credit: NRCS
Then, too, the traditional methods for measuring snowpack have fallen short. Data from snow telemetry (SNOTEL) sites, is collected automatically from stations across Colorado. But those stations are relatively few compared to the complex geography. One station provides insights about one station, not a whole hillside or mountain. They provide an index.
A climate that has turned warmer and some say weirder during the last 10 to 20 years has some water managers wanting new tools. Whether in the San Luis Valley or the Yampa River Valley, what lies on the ground on April 1 remains the best predictor of river flows come July, August and September.
Water managers, from ranchers and farmers to reservoir operators and city staff, though, want improved models and data that more completely reveal the complexity of what is happening. They want to better understand why a huge snowpack can, by July and August, be such a dud.
Whatโs up with soil cracks and a changing climate?
Patrick Stanko, at his ranch four miles downstream from Steamboat Springs, has been puzzling over changes since he was a boy in the 1970s and 1980s. Summers have become hotter, winters less cold. Snow is gone sooner.
โThe big snow banks of winter just disappear,โ says Stanko. Water disappearing into the atmosphere is not a new process. But higher temperatures exacerbate it, whether that loss is to sublimation, where snow transforms directly into a gas, or evaporation, where snow melts and that water enters the atmosphere as a gas.
Milk Creek, which flows through the ranch that has been in his family since 1909, had become intermittent in its flows. Late-season grasses that his 100 head of cattle graze have become sparser with lessening summer rains.
Most striking are cracks in the ground that Stanko has noticed in recent years. He believes they have something to do with the shifted summer dynamics โ dynamics that have implications into the next yearโs runoff.
North American Monsoon graphic via Hunter College.
โWe donโt get the rains that we used to get,โ he says. โYou used to be able to set your clock by the monsoon that would come.โ
Haying in the Yampa River and other high country locations traditionally began in July or early August. Rain storms arrived almost simultaneously. If the rain forced ranchers to leave the grasses to dry, it was also helpful. Stanko says hay is best with 10% to 14% moisture content. Now, the timothy hay, brome grass and dryland alfalfa he grows on his 600 acres is often too dry after being cooked by hot winds.
Alfalfa growing on the Ute Mountain Ute land in southwestern Colorado in October 2022. Photo credit: Allen Best/Big Pivots
Drying soils in fall have implications for spring runoffโthe soils want their share of water first. That could bite into the total runoff, particularly in dry winters. Rainstorms in September have the reverse effect.
The 2024 Climate Change in Colorado report confirms many of Stankoโs observed changes. For example, summer precipitation has decreased 20% across northwest Colorado in the 21st century as compared to 1951-2000. Models suggest drier summers may become the norm โ even with increased winter precipitation.
And warming has made the atmosphere thirstier. Evaporative demand is another name for this thirst. Warm air can hold more moisture than cool air. If nothing else changes, warmer temperatures increase evaporative demand.
The Climate Change in Colorado report, which was commissioned by the Colorado Water Conservation Board, cites a measure of evaporative demand called potential evapotranspiration (PET). It refers to the amount of water that would be evaporated or sublimated from the snow, soil, crops, and ecosystem if sufficient water was available. Between 1980 and 2022, PET increased 5% during Coloradoโs growing season. When the ground holds less moisture, more of the sunโs energy heats the landโs surface and the atmosphere above it instead of evaporating moisture. This drives faster warming and lowers humidity.
Since 2000, streamflow across Coloradoโs major river basins has been 2% to 19% less compared to the half-century before. Modeling studies have attributed up to half the declines to warming temperatures. And with declining streamflows, the need to make the most of available streamflows is heightened.
The Blanca massif, located just south of Great Sand Dunes, has been been a landmark for people for thousands of years. The #SnowMoon rising behind it is the full moon that occurs each February. Photo: NPS/Patrick Myers 2024
San Luis Valley and improved runoff forecasting
The story of dry conditions and low streamflows echoes 250 miles to the south in the San Luis Valley. There, water appropriation dates are older, elevations a little higher, and mid-summer temperatures a trifle toastier. Fifteen of the 20 hottest daily maximum temperatures recorded in Alamosa, including several in 2023, have occurred in the 21st century.
Snowfall in the San Juan Mountains largely determines how much alfalfa Cleave Simpson can grow on his farm south of Alamosa. The farm has water rights from 1879, but that isnโt senior enough to ensure reliable water deliveries, says Simpson, who is a Colorado state senator in addition to being a farmer and general manager of the Rio Grande Water Conservation District. State officials make adjustments to the water that can be diverted. โThey do that every day,โ says Simpson. โAll in an effort to deliver to the state line as close as is possible the amount that weโre required to deliver.โ
The Rio Grande Compact specifies how much water Colorado must deliver to downstream states. Depending on the yearโs flows, Colorado sends between 35% and 70% of the Rio Grandeโs water downstream. To ensure those deliveries, water managers must carefully calibrate flows they expect against demand from irrigators. Like those on the Yampa, water managers have wanted new ways of forecasting flows. โBecause the old ways just arenโt working that well,โ explains Craig Cotten, Coloradoโs Division 3 water engineer, who leads administration in the Rio Grande Basin.
The old ways use primarily snow telemetry data, better known as SNOTEL data, which is automatically collected from stations across the state. That data is used to project flows using what Cotten describes as a โfairly simple regression analysis.โ In other words, if X amount of snow in the past produced Y amount of water, then the same formula should hold today. But in the early 2000s, Cotten began to see that in some years, streamflow forecasts were not as accurate as he would have liked, he says.
Spruce beetle-impacted forest in Southwestern Colorado with moderate levels of tree mortality. Photo credit: Sarah Hart
What changed? Bark beetle infestations, by stripping trees of needles and exposing more snow to sunlight, altered runoff. So did wildfires, which in 2013 scarred 113,000 acres in Rio Grande headwaters areas. โThat changed the dynamics of the forest system and how it related to the snowpack melting and running into the streams,โ says Cotten, a 33-year veteran with Coloradoโs Division of Water Resources. Dust-on-snow events work the same way. Dust blown from distant deserts accumulates on snow, drastically reducing the albedo, or reflectivity. The warmed snow melts more rapidly.
Overall flows have trended down. Flows on the Rio Grande at a gauging station near Del Norte, upstream from most diversions, averaged 8% less from 2000 through 2022 than during the preceding 50 years.
Snowpack in the Rio Grandeโs headwaters in the San Juan Mountains was above average in 2019 and again in 2023, Cotten points out. But late-summer seasonal flows were below average. โEven in a good year, our farms and ranches struggle in the late season because we have below-average streamflow at that time.โ And always, thereโs the need to meet compact obligations, a task that Cotten says has become harder because of tightening water supplies.
The Dolores River between Rico and Dolores in southwestern Colorado on Memorial Day 2009. Photo credit: Allen Best/Big Pivots
With stretched water supplies, accuracy in forecasting is increasingly important. A new tool, the high-resolution LiDAR of Airborne Snow Observatories (ASO) has meant better data on the amount of water contained in snowpack, and has improved runoff projections. Through ASO, a plane flies over entire watersheds or basins, collecting snow-depth data. Flights in 2024 include the Conejos River โ of help to Cotten โ and the Yampa and Elk rivers.
โWhether itโs a county commissioner, a dam operator, or maybe Craig Cotten or another division engineer, their challenge is that theyโve got a forecast of runoff, timing and volume,โ says Jeff Deems, a snow scientist and part-owner of ASO. โThey need to operate their headgates, their allocation, their dam, et cetera, while recognizing that their forecast is uncertain and that thereโs a range of outcomes that could be undesirable. They need to make the best decision possible under that uncertain framework.โ
This map shows the snowpack depth of the Maroon Bells in spring 2019. The map was created with information from NASAโs Airborne Snow Observatory, which will help water managers make more accurate streamflow predictions. Jeffrey Deems/ASO, National Snow and Ice Data Center
ASO claims it can achieve 98% accuracy in forecasting the amount of water contained in snow, known as the snow water equivalent, or SWE, across large areas. Water managers across Colorado, with the help of state funding, are contracting with ASO to collect data and boost their forecasting.
โIt opens up understanding of different physical processes related to the snowpack that otherwise we may not understand very well,โ says Angus Goodbody, of ASO. Goodbody is a forecast hydrologist with the NRCS.
While this data is invaluable to many water managers, NRCS canโt yet use ASO data in its modeling. But NRCS, too, is rolling out a new forecast system this winter. Goodbody describes the forecasting tools as improving incrementally. By using various forecasting tools and models to analyze data, NRCS aims to mitigate โthe vulnerability of any one of those models on their own,โ he says.
If a liquid like water is present in a way of tiny drops, in air, in a substance or on a surface we called it as moisture. But it is very difficult to define the โsoil moistureโ. Normally, soil moisture can be defined as the water that retain in between the spaces of the soil and rock particles. This is of two types. Those are: surface soil moisture; and, root zone soil moisture. Credit: Modern Farming
Digging into soil moisture
New tools have also topped Andy Rossiโs wish list for the Yampa. From the Steamboat Springs office of the Upper Yampa Water Conservancy District, where he has been the districtโs general manager since 2020, Rossi directs operations of the districtโs two upstream reservoirs, Stagecoach and Yamcolo, which provide water to ranches and municipalities, including Steamboat Springs.
When he started working for the Upper Yampa district as an engineer in 2009, runoff forecasts were โbecoming more and more unreliable and really difficult for us to get our arms around what was going on in the basin,โ he explains.
Temperature records for the Yampa Basin were very good. Soil moisture records? Not so much. Runoff predictions from past years mentioned soil moisture but relied solely on models. โThere was no direct measurement of soil moisture going into our forecasting,โ Rossi says. He decided the Yampa Valley needed more diverse measuring infrastructure to better collect data about soil moisture and atmospheric processes in order to see if and how soil moisture factors into runoff. Were dry soils sapping runoff, preventing it from reaching rivers? The puzzle was missing pieces. Integrating more non-snow data into runoff projections might result in better forecasts.
A partnership began to coalesce in 2018 between theย Yampa Valley Sustainability Council, Colorado Mountain College, and the Scripps Institution of Oceanographyโsย Center for Western Weather and Water Extremes. Guided by a team of 15, the collaboration yielded a pilot soil moisture and weather monitoring station in September 2022 near Stagecoach Reservoir. In 2023, with aid from the Colorado Water Conservation Board and the Colorado River District, two additional stations were installed in the basin. The team in early 2024 was working on six more stations upstream of Craig. The stations collect continuous soil moisture measurements and data on meteorological conditions with the goal of sharing that data so that stakeholders can make management choices about changing water supplies.
The aim, in part, was to generate new and valuable data that wasnโt being collected elsewhere, says the sustainability councilโs Madison Muxworthy, the project manager. โWe didnโt want to duplicate existing efforts, such as SNOTEL stations,โ she says.
The sustainability council has collaborated with the NRCS to install more soil moisture sensors at SNOTEL stations to go along with snowpack, precipitation and temperature data. The team will install four stations this summer and two more in 2025.
Itโs still too soon to know the results of this monitoring. Measurements obtained from these new stations may reveal short-term changes, but other insights may require 10 to 20 years of data.
A similar network of soil moisture stations already exists in Coloradoโs Roaring Fork Valley. There, 10 stations have been installed in an elevation band of 5,880 feet from Glenwood Springs to above 12,000 feet at Independence Pass. All stations have sensors to monitor soil moisture at depths of 5, 20 and 50 centimeters, and monitor soil temperature at 20 centimeters deep. They also record air temperature, relative humidity, rainfall, and more, recording measurements at least hourly.
This network was created by the Aspen Global Change Institute in response to local interest in measuring soil moisture in the Roaring Fork watershed. In 2012, as bark beetles proliferated, scientists at a small meeting on forest health identified soil moisture as a critical, understudied component of ecosystem vitality. With more than a decade of measurements, the data may help answer questions about hydrology and ecology in mountain systems.
A rambunctious Fryingpan River in the vicinity of Norrie was in a hurry to get to Ruedi Reservoir in late June 2018. Photo credit: Allen Best/Big Pivots
Key research questions for the Roaring Fork network include how will climate change impact water availability and timing in the watershed? And how can in-situ soil moisture data be used in water supply forecasts and models to better inform decision making for water managers and cities?
Elise Osenga, the Aspen Global Change Instituteโs community science manager, stresses the complexities of runoff now further confused by climate change. Soil moisture plays a role, but itโs among many factors.
โYouโre trying to predict the future based on how conditions played with each other in the past,โ explains Osenga. โAnd now in the future, different wrenches will be thrown into the system where the past may not be a perfect representation.โ
If dry soils only tell a small percentage of the story of this runoff thievery, thatโs where the instituteโs microscope is being applied. โFinding the quantitative relationship between a dry soil and change in runoff is going to be hard because itโs a small percent to begin with. Itโs not that it doesnโt matter, but itโs also not the silver bullet,โ Osenga says.
Soil moisture refers to water held in the pores of soil. Going deeper โ the depth varies but often begins around a meter downโtakes you to a saturated zone of groundwater. Groundwater adds further complexity to the question about runoff prediction. Rosemary Carroll is conducting research on that interplay. Sheโs a research professor in hydrology affiliated with the Desert Research Institute but based at Coloradoโs Mt. Crested Butte.
Groundwater, she says, moderates flows between the years of big water and high flows and those of lesser runoff. During the big years, the water goes into storage in the form of groundwater. It stabilizes flows.
Healthy mountain meadows and wetlands are characteristic of healthy headwater systems and provide a variety of ecosystem services, or benefits that humans, wildlife, rivers and surrounding ecosystems rely on.
The complex of wetlands and connected floodplains found in intact headwater systems can slow runoff and attenuate flood flows, creating better downstream conditions, trapping sediment to improve downstream water quality, and allowing groundwater recharge. These systems can also serve as a fire break and refuge during wildfire, can sequester carbon in the floodplain, and provide essential habitat for wildlife. Graphic by Restoration Design Group, courtesy of American Rivers
But groundwater declines during hotter and drier yearsโthink 2002, 2012 and 2018. Streamflow is sensitive to declines in groundwater storage, Carroll says, so flows also drop. Modeling that Carroll has worked on shows a loss of 30% in streamflows over the next century or so, assuming a 4 degree temperature increase.
Groundwater may seem to be on the margins of why runoff predictions on April 1 fail to materialize in July, but Carroll believes it needs to be part of the discussion. That connection will become more important in coming decades as temperatures continue to rise. โItโs really important, and itโs not often talked about,โ she says.
Late season weather prediction accuracy
Despite all this research that seeks to narrow the uncertainty, uncertainty will remain in streamflow forecasting for the foreseeable future. Thatโs the conclusion drawn by Peter Goble, of the Colorado Climate Center, and Russ Schumacher, Colorado State Climatologist, in a study published in the Journal of Hydrometeorology December 2023 issue.
โWhat influences seasonal runoff more: antecedent soil moisture and groundwater conditions or meteorological conditions following April 1?โ they asked. Sifting through evidence from 2020 and 2021, they reached a clear conclusion: โThis study demonstrates that existing soil moisture and groundwater models are unlikely to provide โlow-hanging fruitโ for improving forecasts.โ
Improved weather forecasting skills will matter more, Goble and Schumacher said.
Weather forecasts are remarkably good for a week to 10 days. Beyond? Not so much. Will that change? Goble and Schumacher indicate little optimism.
Then thereโs the shifting climate. If weather continues to become more variable, โthat is only going to decrease our ability to predict ahead of time what the runoff is going to be,โ Goodbody says. Too, if warmer winter temperatures produce more rain, there will be less snow to measure. โThen predictability by definition goes down until we actually can predict the future [after April 1] weather with more certainty,โ Goodbody says.
The Little Snake River is about to join the Yampa River on Oct. 8, 2020. Photo credit: Allen Best/Big Pivots
Improved forecasts, however, wonโt deliver more water. For management purposes, stored water still matters greatly. Consider the Yampa River after that three-wire winter of 2023. The rapidly slackening flows of the river through Steamboat during July surprised water managers and state officials. That year, the snowpack in the Yampa River Basin was dusty, moving the snow to melt and runoff to occur earlier than usual. Officials came close to closing the river to commercial fishing access, as they had the four previous years because of either low flows, high temperatures, or both.
Through a water lease agreement orchestrated by the Colorado Water Trustโa nonprofit that uses voluntary water-market transactions to restore streamflowsโthe Upper Yampa district released between 18 cubic feet per second and 40 cfs from Stagecoach from late August through late October to keep the Yampa flowing and at a cooler temperature. This added water helps the City of Steamboat Springs stay in compliance with federal water quality standards governing stream temperatures below the cityโs wastewater treatment plant. It also benefits fish and those angling at them.
โWe thought we were in great shape and thought we wouldnโt need [special] releases out of Stagecoach [Reservoir],โ says Julie Baxter, water resources manager for the City of Steamboat Springs.
โIt was definitely a big surprise.โ
This story was published in the Spring 2024 issue of Headwaters magazine, a publication of Water Education Colorado. See the full contents here.
Colorado lawmakers gave the thumbs-up to 10 water measures this year that will bring millions of dollars in new funding to help protect streams, bring oversight to construction activities in wetlands and rivers, make commercial rainwater harvesting easier, and support efforts to restore the clarity of Grand Lake.
Sen. Dylan Roberts, D-Frisco, chair of the Senate Agriculture and Natural Resources Committee, expressed gratitude for the legislatureโs focus on water issues and for funding the Shoshone purchase. โThis continues to show the stateโs financial investment in our water future,โ he said, โand weโll now ask voters to retain even more money from sports betting to continue that funding commitment.โ
Roberts was referring to a ballot initiative that will ask voters in November to allow the state to hold onto more of the tax revenue generated by sports betting.
Another major law created a new permitting program to protect wetlands and streams from construction, road building and development activities. Those federal regulations were wiped out last year by the U.S. Supreme Court in its Sackett v. EPA decision. Two competing measures were initially introduced, but lawmakers joined forces toward the end of the session to arrive at a bipartisan consensus.
In another action, lawmakers approved a narrow change to storm water storage rules that will allow an innovative commercial rain-water harvesting pilot program in Douglas Countyโs Sterling Ranch development to proceed.
โDominion is excited to continue to advance the only regional rainwater harvesting project in the state, which now can be completed in a cost effective and timely manner with the unanimous support of the Colorado Legislature and the governor,โ said Andrea Cole, general manager of Dominion Water and Sanitation, which is conducting the pilot program and which serves Sterling Ranch.
And lawmakers also approved two high-profile resolutions, one supporting efforts to restore clarity in the stateโs Grand Lake, and a second resolution urging Congress to provide funding to help repair aging water systems serving tribal communities and others in southwestern Colorado. A third identifies projects eligible for funding through the Colorado Water and Power Development Authority. Resolutions, unlike laws, donโt usually come with money and have little legal weight.
Hereโs a look at the most significant measures that passed.
House Bill 1435 โ Colorado Water Conservation Board projects
This is an annual bill that provides grants and loans to projects requested by the Colorado Water Conservation Board. None of the money is from the stateโs general fund; it includes interest earned from CWCB loans, severance taxes and sports betting revenue. The largest amounts this year are for two CWCB loans: up to $155.65 million for the Windy Gap Firming Project, and up to $101 million for the Northern Integrated Supply Project. The balance is for grants that include:
$23.3 million to help implement the state water plan (all of it from sports betting revenue, up from $10 million last year)
$20 million to support the purchase of Shoshone power plant water rights by the Colorado River Water Conservation District
$4 million for drought planning and mitigation projects
$2 million for the turf replacement program.
House Bill 1379 โ Regulating dredge and fill activities in state waters
This bill grew out of the May 23, 2023 U.S. Supreme Court decision in Sackett v. U.S. Environmental Protection Agency, which narrowed the scope of waters protected under the federal Clean Water Act. It ruled that federal regulation of dredge and fill activities applies only to wetlands that have a โcontinuous surface connectionโ to rivers and other permanent bodies of water where it would be difficult to determine where the river stopped and the wetland began, eliminating federal protection to large areas of wetlands and seasonal streams in Colorado.
House Bill 1379 requires the Water Quality Control Commission in the Colorado Department of Public Health and Environment to develop rules by Dec. 31, 2025, to implement a state program that is at least as protective as the guidelines developed under Section 404 of the Clean Water Act. It covers discharges to โstate waters,โ which are defined as โany and all surface and subsurface waters that are contained in or flow in or through the state, including wetlands.โ House Speaker Julie McCluskie, D-Dillon, said that by shifting from a โgapโ program that covers only those waters left unprotected by Sackett to a โstate watersโ approach โwe ensure clarity and certainty.โ
The bill exempts certain activities and excludes some waters from coverage. Activities not requiring a permit include normal farming, ranching and forestry operations, along with maintenance of currently serviceable structures and construction or maintenance of irrigation ditches. Excluded waters include those in ditches and canals, wetlands adjacent to ditches or canals that are supported by water in the ditch or canal, and artificially irrigated areas that would revert to upland if irrigation ceased. Rep. Karen McCormick, D-Longmont, said that โcodifying in statute the exemptions rather than leaving it to rulemakingโ avoids some of the โunpredictability that existed at the federal level.โ
Senate Bill 148 โ Rain water harvesting, storage
Allows, with proper authorization, those operating an approved rain water harvesting pilot project to store water in a detention facility.
Senate Bill 197 โ Water conservation
Senate Bill 197 contains provisions that were either recommendations or items discussed by the Colorado River Drought Task Force the General Assembly created last year. The bill allows the owner of a storage water right to loan water to the CWCB for stream sections where the CWCB does not hold an instream flow right. It permits the creation of agricultural water protection programs statewide instead of just in the South Platte, Republican and Arkansas river basins in eastern Colorado, and authorizes an irrigation water right holder to request a change in use to an agricultural protection water right that would allow the lease, loan or trade of up to 50% of the water.
The bill also allows electric utilities that plan to close coal-fired power plants in the Yampa River basin in northwestern Colorado from losing their water rights if they decrease or do not use the water for a specified period of time. Roberts said this would allow electric utilities โto temporarily toll their water rights and protect them from abandonment while those companies explore alternative energy developmentโ to align with the stateโs clean energy and greenhouse gas reduction goals.
The drought task force included a sub-task force to study tribal matters, which recommended a provision in the bill that requires the CWCB to reduce or waive any matching requirements for state water plan implementation grants awarded to the Ute Mountain Ute Tribe or the Southern Ute Indian Tribe.
House Bill 1436 โ Sports betting revenue
Sports betting revenue has been used to help fund implementation of the Colorado Water Plan since passage of Proposition DD by the electorate in 2019, which legalized sports betting and taxed its proceeds. The amount of revenue that can be used to support the state water plan was capped at $29 million, a figure that is likely to be exceeded this year. Rather than refund the excess money to casinos and licensed sport betting operators that paid the tax, House Bill 1436 refers a ballot measure to the voters in November asking them to remove the cap and allow the state to keep all revenue and use it to fund water conservation and protection projects.
The billโs fiscal note projects that sports betting revenue will exceed $29 million this fiscal year by $2.8 million, by $5.2 million in fiscal year 2025, and by $7.2 million in fiscal year 2026 (the actual revenue is distributed the year following its collection and spent the year after). Rep. Marc Catlin, R-Montrose, noted that sports betting revenue has exceeded expectations, and if the voters approve, โthis seems to be the easiest way to fund these kinds of projects (because) you donโt have to go and ask for property tax revenue or for tax money out of the state general fund.โ
Senate Bill 5 โ Prohibiting certain landscaping practices to conserve water
Faced with climate change and increasing water demand, Senate Bill 5 is designed to reduce water used for landscaping in new development projects. It prohibits local governments from allowing the installation of nonfunctional turf โ grass that is not used primarily for recreational purposes โ in commercial, institutional, industrial or common interest community property, street rights-of-way, parking lots, medians or transportation corridors after Jan. 1, 2026. It does not apply to residential property or to turf that is part of a water quality treatment program, native grasses or artificial turf on athletic fields. The bill also prohibits the Department of Personnel from installing the same types of turf in any new state facility construction project after Jan. 1, 2025.
Roberts noted that irrigating nonfunctional turf โis responsible for what is believed to be up to 50% of municipal water use,โ and pointed out that Senate Bill 5 builds on legislation passed two years ago that provides funding for a turf replacement program.
Senate Bill 37 โ Green infrastructure to improve water quality
Senate Bill 37 calls for a study of how โgreen infrastructureโ might replace traditional concrete and steel wastewater treatment plants in managing water quality. Green infrastructure, according to bill writers, is โa strategically planned, managed, and interconnected network of green spaces, such as conserved natural areas and features, public and private conservation lands, and private working lands with conservation value.โ It can improve water quality by reducing stormwater runoff as pollutants are absorbed into soils and filtered before entering waterways, and lessen the need for expensive wastewater treatment plants, also known as gray infrastructure.
The bill requires the University of Colorado and Colorado State University โ in collaboration with CDPHE โ to conduct a feasibility study of how green infrastructure can be used as an alternative to gray infrastructure in complying with water quality regulations, and the types of new funding mechanisms that might support it. The universities, with CDPHEโs approval, may conduct up to three pilot projects to test their findings. CDPHE and the universities must complete the study by April 1, 2026, and submit a report summarizing its findings and any recommendations to the General Assemblyโs Water Resources and Agriculture Review Committee no later than Nov. 1, 2026.
Sen. Cleave Simpson, R-Alamosa, noted the cost-effectiveness of green infrastructure, especially in rural communities like those in his district where โto invest tens of millions of dollars in a new wastewater treatment plant to serve small numbers of people is just problematic.โ He views Senate Bill 37 as offering โa different path forward where you can get the same outcomes but with more natural investments.โ
Photo Caption: Two men surveying for the Federal-State Cooperative Snow Surveys, Division of Irrigation, Soil Conservation Service, USDA, J. G. James, photographer, undated. From the Irrigation Research Papers, Water Resources Archive, Colorado State University Libraries. https://hdl.handle.net/10217/180131
After trekking on skis up a mountain, two men unpack equipment, use a long metal tube to take a snow sample, weigh it, and record the measurement. Captured on 16mm film in the mid-twentieth century, the men demonstrate the most advanced snow survey techniques of their time, providing us a fascinating glimpse into the past.
Three such filmsโone of which is undated, with the others being from about 1941 and 1952 (narrated and in color!)โheld by the Colorado State University Water Resources Archive, when considered with related photographs, reports, data, and letters, reveal an important part of the story of the development of snow surveying and water supply forecasting in the western United States.
Federal coordination of snow surveyingย began in the 1930s, after several decades of individual states and institutions independently taking measurements. Though Nevada and Utah are recognized as the pioneering states, in 1902 Coloradoโs state engineer hiredย Enos Millsย as the stateโs first snow surveyor. Several of hisย 1903 and 1904 lettersย in CSUโsย Agricultural and Natural Resources Archiveย provide insight into how monitoring snowpack started here.
Two men measuring snow, undated. From the Irrigation Research Papers, Water Resources Archive, Colorado State University Libraries. https://hdl.handle.net/10217/178534
By the mid-1930s, following the drought of the early part of the decade, interest grew in having water supply predictions. The U.S. Department of Agriculture took on snow surveying and water forecasting not only to benefit irrigators who relied on the forthcoming snowmelt, but also to support the economic interests of industry and hydropower as well as predict stream flooding.
In Colorado, Ralph Parshall, as senior irrigation engineer at the USDA branch in Fort Collins (and best known for the Parshall flume), contributed to the emerging Federal-State Cooperative Snow Surveys in a number of ways. Parshallโs materials in bothย his archival collectionย andย his teamโs filesย document his active participation over more than a decade. These include letters and drafts related to severalย Colorado River Water Forecast Committee meetings, including the first, held in 1945 and at which Parshall presided. Aย published draftย of those proceedings can be found in the Water Resources Archiveโsย Groundwater Data Collection.
Trail Ridge Road, Ralph Parshall and Park Ranger Jones, May 1941. From the Groundwater Data Collection, Water Resources Archive, Colorado State University Libraries. https://hdl.handle.net/10217/23340
Also among Parshallโs materials, a few dozen photographs of snow courses and related images also exist, some of which remain to be digitized. Additional photographic materials in other collections include slides showing Parshall and others conducting snow surveys at Cameron Pass and in Rocky Mountain National Park, as well as a set of about 100 images (not digitized) taken during winter and spring months at McNey Hill in northern Colorado. This set reveals a decade-long photography project involving both Ralph Parshall and his son Max.
A collection from theย Colorado Snow Survey Program of the Natural Resources Conservation Serviceย contains two boxes of photographic materials. These images show snow survey sites and equipment, agency employees, and public outreach events. Two of the films referenced above also are in this collection. The NRCS, having evolved from the USDA division that Ralph Parshall was part of, began operating the first SNOTEL (SNOpack TELemetry) site in 1977. This automated system of collecting snow and weather data greatly furthered the field, especially for remote sites where access is difficult.
Patricia Rettig, Associate Professor, Libraries, Colorado State University, March 29, 2022
The science, methods, and equipment related to measuring snowpack and estimating water content have continued to evolve. In the Water Resources Archive, documentation of snow hydrology studies as well as aerial snowpack measurement is also available for research.
Additional collections in the Water Resources Archive also touch in part on snow surveying and can be found through browsing ourย research guide. All of our materials are available for use by the public, and assistance can be provided in person at CSUโs Morgan Library or remotely.
Patty Rettig is the archivist for the Water Resources Archive at the Colorado State University Libraries. Over more than 20 years, Rettig has built the archive to hold over 130 distinct collections documenting Coloradoโs water heritage by engaging with the water community across the state. She is happy to help anyoneย dive inย to archival research!
Drought-challenged U.S. communities are overlooking what could be a major source of relief: stormwater, which generates more water annually than is stored in lakes Mead and Powell, the largest reservoirs in the West.
But Colorado and other states with laws against collecting stormwater are likely to miss out on its potential.
Lakes Powell and Mead store some 49.4 million acre-feet, according to the U.S. Bureau of Reclamation.
That 59.5 million acre-feet of stormwater is roughly 93% of the water used by all U.S. cities and industry in 2015, according to the Pacific Institute. An acre-foot serves about two to three U.S. households for a year.
But because this source has never been fully analyzed or developed, it is not yet widely used.
โOur results indicate that there is a vast potential for stormwater capture all across the country,โ said Bruk Berhanu, a lead author of the study and senior researcher in water efficiency and reuse at the Pacific Institute.
With climate change and warming, streamflows are projected to decline in Colorado and elsewhere in the coming years, and there is increasing pressure to find new sources and better use existing water supplies.
โAs communities in the West face increasing strain on their water supplies, planners have been looking at strategies that use an โall of the aboveโ approach,โ Berhanu said. โWe arenโt suggesting stormwater could cover all of our future water supplies, but they can help fill the gap between our current water supplies and projected demands.โ
Estimated annual urban stormwater runoff by state
Source: Pacific Institute, โUntapped Potential: An Assessment of Urban Stormwater Runoff Potential in the United Statesโ
But use of stormwater comes with conditions. It would require major new facilities to capture, store and treat it if it is to be used for drinking water. If too much is captured, it could reduce water available for the environment, according to the report.
And in some places, such as Colorado, the practice isnโt allowed.
Under whatโs known as the Prior Appropriation Doctrine, water users with the oldest, or most senior water rights, get their water first, even if their diversion point lies farther downstream than someone elseโs. And stormwater, once it reaches the stream, becomes part of someoneโs water right. If larger amounts were captured, it could jeopardize other water rights already in place.
The City of Aurora, and others, have actively worked for decades to find new ways to make their water supplies stretch further, but stormwater capture is not one of them.
โWhat works in some states, does not work in Colorado,โ said Greg Baker, a spokesman for Aurora Water, referring to the legal prohibitions against the practice.
Could that change? Possibly.
Colorado has taken major strides in recent years to re-examine how water that falls from the sky may be collected and used in ways that donโt harm neighbors downstream. In 2009, for instance, the state passed a law that opened the door to rainwater harvesting in some rural areas and then in 2016 allowed homeowners across the state to use rain barrels to capture small amounts of water for use on gardens and lawns.
That state also created a pilot program to encourage more research. The Dominion Water and Sanitation District in Douglas County, to date, has been the only water district to participate in the pilot, according to Andrea Cole, Dominionโs general manager. Soon it may be able to legally capture rainwater when, later this year, it will ask a state water court to approve collecting rainwater commercially to serve parks and other public spaces in Sterling Ranch, one of the most water-efficient residential developments in the state.
To get to this point, Dominion spent 15 years tracking how much rain fell on the development before anything was built, and tracking how much more water was generated after new homes and roads were built and the water began falling on roofs and other solid surfaces, instead of the soil.
โIn Colorado, water is precious, so every last drop is accounted for in somebodyโs system. โฆ But when you change the land from an open prairie to a development, the water no longer [sinks] into the soil, or makes its way to nearby streams,โ Cole said.
Measuring the water has and will continue to be a meticulous process, she said.
โWe can only capture that water [that falls on] Sterling Ranch. โฆ If it is outside the ranch, we have to allow it to go back to the stream,โ Cole said.
Sterling Ranch sharply limits outdoor water use, so lawns are scarce. The plan is to use the rainwater for parks and gardens so that homeowners with little of their own grass have a place to play and relax, Cole said.
The Pacific Instituteโs Berhanu said he is hopeful that the new report will generate more interest in developing stormwater to help fill looming gaps in water supplies.
โIn a state like Colorado, we would hope that this information builds the case for revisiting those policies and making adjustments to enable more stormwater capture,โ Berhanu said.
The potential is there, Cole said.
โWe are the first out of the chute, and being the first is always scary. But people are watching to see what we can get through water court,โ she said. โOnce there is a [legal] water right for it, we are going to see new developments trying to use this.โ
More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.
Blanca Wetlands, Colorado BLM-managed ACEC Blanca Wetlands is a network of lakes, ponds, marshes and wet meadows designated for its recreation and wetland values. The BLM Colorado and its partners have made strides in preserving, restoring and managing the area to provide rich and diverse habitats for wildlife and the public. To visit or get more information, see: http://www.blm.gov/co/st/en/fo/slvfo/blanca_wetlands.html. By Bureau of Land Management – Blanca Wetlands Area of Critical Environmental Concern, Colorado, Public Domain, https://commons.wikimedia.org/w/index.php?curid=42089248
Colorado lawmakers will consider a fresh proposal to grant the state authority to oversee streams and wetlands left unprotected by a U.S. Supreme Court decision last year.
House Bill 24-1379, sponsored by House Speaker Julie McCluskie, D-Dillon, Rep. Karen McCormick, D-Longmont, and Sen. Dylan Roberts, D-Frisco, would allow the Colorado Department of Public Health and Environment (CDPHE) to oversee a wide array of industrial players, including home and road builders and mining companies, and determine what steps are necessary to minimize any damage to streams and wetlands caused by their activities.
In May, the U.S. Supreme Court issued a ruling inย Sackett vs. EPAย that sharply limits the streams and wetlands that qualify for protection under the Clean Water Act, a decision that water observers said had a particularly broad impact in the West. In Colorado and other Western states, vast numbers of streams are temporary, flowing only after major rainstorms and during spring runoff season, when the mountain snow melts.
Colorado Rivers. Credit: Geology.com
In addition, hundreds of Colorado wetlands lack an obvious surface connection to streams, in part because so many of the stateโs streams donโt flow year-round.
โAs a state we donโt want to let a good crisis go to waste,โ McCluskie said in a briefing last week, referring to the Sackett decision and the regulatory gap that was created. โOur water is part of the romance and tradition of being a Coloradan. Protecting those waterways could not be more important. But we recognize there needs to be clarity and certainty for our industry partners. And we have tried to be very considerate of differing viewpoints.โ
At issue is how the U.S. Environmental Protection Agency now defines so-called Waters of the United States, or WOTUS, which determines which waterways and wetlands are protected under the federal Clean Water Act. The definition has been heavily litigated in the nationโs lower courts since the 1980s and has changed dramatically under different presidential administrations.
The U.S. Supreme Court decided in May that the WOTUS definition that included wetlands adjacent to streams was too broad.
In its ruling, the court said only those wetlands with a direct surface connection to a stream or permanent body of water, for instance, should be protected.
The courtโs decision in the WOTUS case means it will be up to Colorado and other states to decide whether and how to handle that regulation โ including permitting โ and enforcement.
And last month, Republican Sen. Barbara Kirkmeyer, of Brighton, introducedย ย Senate Bill 24-127, alsoย designed to fill the regulatory gap. The Kirkmeyer measure, which has broad industry support, is scheduled for its first hearing April 4, but itโs likely to meet stiff resistance in the Democratic-controlled General Assembly.
Among the key differences between the two measures is that Kirkmeyerโs proposal states that any new rules canโt be more restrictive than those in place prior to the Sackett decision, while McCluskieโs says protections should be โat least as protectiveโ as those in place at that time, according to Jarrett Freedman, spokesman for the House Democrats.
Another difference is that Kirkmeyerโs bill would place the new oversight program within the Colorado Department of Natural Resources instead of the CDPHE. Kirkmeyer said a huge permitting backlog at CDPHE shows the agency would be unable to handle dredge-and-fill permitting required under her proposal.
McCluskie, however, believes the new program would be better housed within the state health department and that new funding would alleviate permitting delays.
The first hearing on theย House Bill 24-1379ย has not been scheduled, Freedman said.
A broad array of environmental groups has come out in favor of McCluskieโs measure.
Iron Fen. Photo credit from report “A Preliminary Evaluation of Seasonal Water Levels Necessary to Sustain Mount Emmons Fen: Grand Mesa, Uncompahgre and Gunnison National Forests,” David J. Cooper, Ph.D, December 2003.
โWetlands are natureโs kidneys, they filter natural pollutants, they help reduce the severity of wildfires,โ said Josh Kuhn, senior water campaign manager at Conservation Colorado who spoke on behalf of the Protect Colorado Waters Coalition.
โBut the Sackett decision left many of those wetlands unprotected โฆ and we have also lost protections for seasonal streams. If pollution is dumped into streams when snow melts and runs off, that pollution gets washed into the larger rivers. โฆ If there is mining or development activity and they are dumping fill, or dirt, into dry streambeds, when there is water moving through those streambeds it is going to take those pollutants with it and pollute our water supply,โ he said.
Farm, homebuilding and mining interests have been closely watching the bill, which includes extensive exemptions for agriculture for such things as irrigation ditch repair, and on-farm water management activities. It also includes some exemptions for mining operations.
But there is still concern about the regulatory burden the new program will place on those industries and the time it will take to write new regulations and launch the program.
House Bill 24-1379 stipulates that rules be written by May 31, 2025.
โThe rulemakings that they are contemplating are going to be complicated and detailed, and itโs going to be a lot to accomplish in a short period of time,โ said John Kolanz, a northern Colorado attorney who often represents developers and who is tracking the bill. โIt seems like a tall task.โ
More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.
Ephemeral streams are streams that do not always flow. They are above the groundwater reservoir and appear after precipitation in the area. Via Socratic.org
From left, J.B. Hamby, chair of the Colorado River Board of California, Tom Buschatzke, Arizona Department of Water Resources; Becky Mitchell, Colorado representative to the Upper Colorado River Commission. Hamby and Buschatzke acknowledged during this panel at the Colorado River Water Users Association annual conference that the lower basin must own the structural deficit, something the upper basin has been pushing for for years. CREDIT: TOM YULSMAN/WATER DESK, UNIVERSITY OF COLORADO, BOULDER
Coloradoโs water and reservoirs are in the thick of disagreements over Colorado River management in a drier future.
All seven Western states in the Colorado River Basin agree that climate change is exacerbating conditions in the basin, and water users need sustainable, predictable water management. They agree that the current rules, which expire in 2026, didnโt do enough to keep reservoirs from dropping to critically low levels. They even agree that water cuts need to happen.
But theyโre at loggerheads over how to share the pain โ and have been for years. Now, the Lower Basin officials have proposed a plan calling on all basin users, including Coloradans, to make sacrifices.
โThis is not a problem that is caused by one sector, by one state, by one basin. It is a basinwide problem, and it requires a basinwide solution,โ John Entsminger, Nevadaโs top negotiator, said during a news conference March 6.
Basin officials are negotiating Colorado River management in order to create new interstate water sharing rules that will replace the current agreements, which were created in 2007. The overburdened river system provides water to seven Western states, two Mexican states and 30 Native American tribes.
Basin states released competing proposals March 6, outlining their ideas for releasing, storing and cutting back on water use.
The Upper Basin proposal โ put forward by Colorado, New Mexico, Utah and Wyoming โ only includes cuts to the Lower Basinโs water use, although the four states would continue developing voluntary conservation programs.
The Lower Basin alternative โ from Arizona, California and Nevada โ looks at the amount of water stored in seven federal reservoirs. When that storage falls below 38% of total reservoir capacity, all seven states would conserve water to cut their collective use by 3.9 million acre-feet. One acre-foot roughly equals the annual water use of two to three households.
Thatโs a no-go for Upper Basin states, where water supply fluctuates yearly because it primarily relies on mountain snowpack. In 2020, a particularly dry year, the Upper Basin used 4.5 million acre-feet โ much less than its legal allotment of 7.5 million acre-feet. In 2021, another drought year, the states had to cut back further.
Thatโs without any additional water cuts, like those proposed by the Lower Basin.
โWhen weโre looking at those years, like 2021 when our uses in the Upper Basin were at 3.5 million acre-feet, that represents almost a25% cut,โ Commissioner Becky Mitchell, Coloradoโs top negotiator, said. โTo cut further in a year like that could wreck communities and economies.โ
Coloradoโs role in the Upper Basin plan
The Upper Basin proposal calls for few changes in the upstream states.
The Upper Basin would keep taking steps to ensure Lake Powell, located on the Utah-Arizona border, could make its required releases downstream, and to reduce Upper Basin water use through voluntary, temporary and compensated cuts, like the system conservation pilot program.
The rest of the proposal is meant to offer guidance to the Lower Basin, Mitchell said.
In the past, officials have changed how water is stored and released at lakes Mead and Powell based on the reservoirsโ elevations. The Upper Basin plan links operations more closely to each yearโs available water storage, a high priority for Colorado officials.
In years when Lake Powell is less than 20% full, the Upper Basin states suggested releasing as little as 6 million acre-feet of water downstream. Upper Basin states are legally obligated to let at least 7.5 million acre-feet flow to Lower Basin states (plus some for Mexico) annually, as averaged over a rolling 10-year period.
If reservoir storage dropped to certain trigger levels, Lower Basin states would also cut up to 3.9 million acre-feet in a year.
The approach is designed to replenish depleted water storage in reservoirs, like Mead and Powell. These two enormous reservoirs โ which function like savings banks for water users โ drained to a third of their volume in the early 2020s, prompting a crisis response among officials and ramping up concerns about water availability in the future.
It would also protect Lake Powellโs ability to release water downstream according to water law, Mitchell said.
โThat protects Colorado users. That protects all the Upper Basin statesโ users,โ Mitchell said. โThe rebuilt storage protects all 40 million people โ thatโs the way that we protect all 40 million is to have a safety net.โ
A call for widespread cuts
The Lower Basin officials say that the entire Colorado River Basin โ including Colorado and the other Upper Basin states โ must cut water use.
In their proposal, Lower Basin officials said they would take responsibility for the structural deficit, which refers to water losses from factors like evaporation, by cutting back on their water use by 1.5 million acre-feet in some years.
Credit: Upper Colorado River Commisstion
In years when the total storage in the system drops below 38%, the Lower Basin says the Upper Basin states need to help out so the basin as a whole can cut 3.9 million acre-feet.
If this plan had been in place since 1971, the states would have started taking cuts around 2000. For most of the past 24 years, the Lower Basin would have taken annual cuts of 1.5 million acre-feet. The Upper Basin would only have faced shortages in 2020 and 2021, according to Lower Basin officials.
โItโs very easy to craft an alternative that doesnโt require any sacrifice, but thatโs not what the Lower Basin alternative does,โ said JB Hamby, Californiaโs top negotiator, during a March 6 news conference. โThe Lower Basin is home to three-quarters of the Colorado River Basinโs population, most of the basinโs tribes, and the most productive farmland in the country. Our proposal requires adaptation and sacrifice by water users across the region.โ
What would the Lower Basin option mean for Colorado?
Officials have released written plans, but it will take modeling out many different water supply scenarios to understand the impacts of each proposal, according to water experts.
But under the Lower Basin plan, Colorado could be on the hook for cutting its use by hundreds of thousands of acre-feet, said Colorado water expert Eric Kuhn.
In one hypothetical low-storage scenario, the Lower Basin would cut its use by 1.5 million acre-feet, then the two basins would each conserve an additional 1.2 million acre-feet, Kuhn said.
If Colorado took on a third of the Upper Basinโs obligation โ and this is a big โifโ โ it would mean cutting water use by nearly 400,000 acre-feet.
โIf Colorado ever agreed to absorb a certain percentage of the final โฆ cuts, itโll have a big impact on the state,โ Kuhn said. โItโs not theoretical; it would be quite significant.โ
For reference, all of the cities, towns and industries in Colorado use a combined total of about 380,000 acre-feet per year from multiple water sources, including the Colorado River, according to the 2023 Colorado Water Plan.
Mandated cuts could even send states into litigation, which is the worst outcome, said one Colorado official. Once the issue moves to the courts, state officials canโt talk to each other, and their future could be in the hands of U.S. Supreme Court justices who may not have expertise in the complex realm of Western water law.
โWeโll talk 1-to-1 cuts when theyโre down to 4.5 million acre-feet,โ said Steve Wolff, general manager of the Durango-based Southwestern Water Conservation District, referring to the average amount of water used by Upper Basin states. โWhen youโre still using twice as much as us, why should we agree to a 1-to-1 cut?โ
Peter Ortego, general counsel for the Ute Mountain Ute Indian Tribe, said basin tribes that have made agreements to share in future shortages could be impacted. Most tribal nations have senior water rights, which get water first in dry years and should be protected from most water cuts, he said.
Environmental groups say more needs to be done to protect rivers and freshwater resources, which provide vital habitat for wildlife in the arid West.
In recent, very dry years, Colorado trout fisheries, like the Yampa River, have been shut down because of low flows and warmer water temperatures in mid-to-late summer. If modeling shows that federal or state plans would leave less water in the rivers, that would be concerning, said Jennifer Pitt, Colorado River Program director for the National Audubon Society.
Going forward, Pitt and other water experts will be watching for updates from the Bureau of Reclamationโs analysis. Thatโs when theyโll know more about possible impacts to Colorado.
Until then, Coloradans need to keep one thing in mind, Pitt said.
โThis is not Colorado against the rest of the West. This is Colorado, part of a river basin that is shared,โ she said. โAll those parties need each other to get through some challenging conditions in the future.โ
Colorado lawmakers OKโd a measure this week backing efforts to restore Grand Lake, the stateโs deepest natural lake once known for its clear waters.
Advocates hope the resolution will help fuel statewide support for the complicated work involved in restoring the lake and give them leverage with the federal government to secure funding for a new fix.
The resolution is largely symbolic and doesnโt come with any money, but it adds to the growing coalition of water interests on the Western Slope and Front Range backing the effort.
After more than a year of work, Mike Cassio, president of the Three Lakes Watershed Association, said he is hopeful the resolution will create a new path forward after years of bureaucratic stalemate. The association advocates on behalf of Grand Lake, Shadow Mountain and Lake Granby.
โItโs been a long process, but this resolution puts the state legislators in support of what we are trying to do and we will be able to take that to our congressional representatives,โ Cassio said.
The measure was carried by Sen. Dylan Roberts, a Democrat from Frisco, and House Speaker Julie McCluskie, a Democrat from Dillon.
โIโm really encouraged with all the work that has been done in the past few months and I think it will hopefully lead to more progress,โ Roberts said.
Colorado-Big Thompson Project map. Courtesy of Northern Water.
Owned by the U.S. Bureau of Reclamation and operated by Northern Water, whatโs known as the Colorado-Big Thompson Project gathers water from streams and rivers in Rocky Mountain National Park and Grand County, and stores it in Lake Granby and Shadow Mountain Reservoir. From there it is eventually moved into Grand Lake and delivered via the Adams Tunnel under the Continental Divide to Carter Lake and Horsetooth Reservoir, just west of Berthoud and Fort Collins, respectively.
On the Front Range, the water serves more than 1 million people and thousands of acres of irrigated farmlands. But during the pumping process on the Western Slope, algae and sediment are carried into Grand Lake, clouding its formerly clear waters and causing algae blooms and weed growth, and harming recreation.
Advocates have long been frustratedย at the failure to find a permanent fix to the lakeโs clarity issues, whether itโs through a major redesign of the giant federal system or operational changes.
The Bureau of Reclamation, Northern Water, Grand County and other agencies and local groups have been working since 2008 to find a way to keep the lake clearer, and Northern Water and others have experimented with different pumping patterns and other techniques to reduce disturbances to the lakeโs waters.
Now an even broader coalition has come together, Cassio said, led by Grand County commissioners and Northern Waterโs board of directors.
โNorthern Water is fully committed to the continued and collaborative exploration of options to improve clarity in Grand Lake and water quality in the three lakes,โ said Esther Vincent, Northern Waterโs director of environmental services.
Last year, a technical working group reconvened, and is now studying new fixes that may be possible, including taking steps to reduce algae growth and introduce aeration in Shadow Mountain, a shallow artificial reservoir whose warm temperatures, weeds and sediment loads do the most damage to Grand Lake, Cassio said.
Though much more work lies ahead, the work at the legislature is critical, he said.
โThis resolution is one piece of the puzzle,โ Cassio said. โWeโre at the finish line and everybody is coming together. Itโs a wonderful thing.โ
More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.
You might call it the great economic riddle of our time: It sustains human life, lubricates the entire economy and has no known substitute, yet a monthโs supply can be delivered to your home for less than the cost of cable TV or cell phone service. It belongs to the public but the right to use it is bought and sold, and changing that use requires a pricey court approval process. It supports kayakers and anglers, trout and sparrows, and all the ecosystems in between, yet those benefits are rarely reflected in its cost. It is cheap, and yet it is priceless. What is it?
If youโre reading [Headwaters] magazine, you already know that the answer is water, and you already know that water is invaluable. What you may not know is that waterโs price, according to many economists, comes nowhere near to reflecting its true value, and that blunt economic fact has consequences for the long-term sustainability of both our water resources and our water systems.
Aligning waterโs price with its value is much harder than it seems. Thatโs because water is traded and regulated in ways that reflect its unique and irreplaceable role in our economy. Depending on who you ask, water is a private commodity or a public good, an economic input or a human right.
These varying roles affect the accuracy of water prices, and the freedomโor lack thereofโof water markets. Some examples: In Colorado, many water utilities are prevented by their charters from charging more than they need to cover their costs. This keeps water rates affordable but also prevents providers from charging customers for the current market value of their water, also called the โscarcity value,โ to encourage conservation. Legal restrictions on water transfersโin place to protect other water usersโmake those transfers complicated and expensive, slowing the flow of water from farms to cities and helping to preserve the gap between agricultural and municipal water prices. At the same time, many non-market costs of water transfers or appropriationsโโexternalitiesโ like the open space, wildlife habitat and fishing grounds lost when farmers sell their water rights to a city or a new water right is appropriated, further depleting a streamโare not typically paid for by the buyer or the seller.
Ignoring the full cost of waterโand the non-market values that water providesโsaves money in the short term by keeping water rates low. In the long run, however, it could prove both financially and culturally expensive. Over time, wasteful use may hasten the need for costly new water projects, and public benefits like wildlife habitat and open space are less likely to be preserved if they arenโt factored into the price of water transfers. Given the stakes, how can we value water more accurately, while preserving the legal framework that protects water users and the environment?
Supply and demand, within limits
When utilities, ditch companies and irrigation districts buy water rights to serve their populations, the price of those rights is determined in part by the basic interplay of supplyโwhat the water costs to deliverโand demandโwhat itโs worth to buyers. Brett Bovee, intermountain regional director for the consulting firm WestWater Research of Fort Collins, helps clients value water rights for purchase or sale. He considers factors like a water rightโs source, location, current use, historical buyers and sellers, ease of storage, and seniority, since older rights are more dependably fulfilled than those appropriated more recently.
Bovee might compare a water right to a handful of others with similar characteristics to arrive at a reasonable price, or, if the water is agricultural, he might use a technique called the income approach, calculating the yields that a farmer could get irrigating with the water compared to dryland farming yields. (A slight variation is comparing the sale price of dry farm ground to that of irrigated land nearby, then using the difference to infer a water rightโs value). A final technique, the replacement cost approach, involves calculating the cost of the next-most expensive water supply option and then advising clients to pay just less than that.
โUsually the replacement cost sets the ceiling, the income approach sets the floor, and the market price is somewhere between those two,โ Bovee says. โThe willing seller must make more off a water transaction than he would in farming, and the willing buyer is only going to buy water if it is cheaper than alternative sources.โ
Brett Bovee. Photo credit: Westwater Research
Yet the economic playing field is not completely level where water is concerned, as evidenced by the vast and enduring price differences between agricultural and municipal water. As University of Arizona law professor Robert Glennon and his co-authors point out in the 2014 paper โShopping for Water: How the Market Can Mitigate Water Shortages in the American West,โ agricultural users in many parts of the West may pay just a few cents for a thousand gallons of water, while urban users pay $1 to $3 for the same amount. Thatโs partly because, in a strictly financial sense, urban users can earn more money with the water they consume: If you ignore the vital non-market values of agriculture like open space, wildlife habitat and food security, urban activities like manufacturing frequently generate more money per acre-foot of water than farming does. Used to grow lettuce in Yuma, Arizona, Glennon writes, an acre-foot of water might generate $6,000. Used to make microchips in Californiaโs Silicon Valley, it would generate $13 million.
The price disparity between agricultural and municipal water is further explained by higher treatment and conveyance costs for urban water, from the chemicals that disinfect drinking water to the pumps that keep it pressurized and ready to flow from the tap. โIf farmers needed really clean, pressurized water at their farm headgate on demand, the price between agricultural and municipal water may not be all that different,โ Bovee says.
Grand River Ditch July 2016. Photo credit Greg Hobbs.
Agricultural water users who inherit their land also benefit from the investments their ancestors made in ditch and reservoir systems originally constructed to put the water to beneficial use.ย Today, they pay only the water assessments necessary to maintain or improve these systems or to make the occasional legal filings. When they sell their shares in their infrastructure or water rights, they earn the appreciated value of both, which can be substantial in areas like Coloradoโs Front Range where a booming residential real estate market has kept water demand high.
First water through the Adams Tunnel. Photo credit Northern Water.
Finally, federally funded irrigation projects provided a subsidy to early agricultural water users: Many of the Westโs large water diversions were paid for with federal dollars between the 1930s and the 1970s. Although those federal outlays were partly recouped through a combination of cost sharing from local governments and revenues from projectsโ hydroelectric features, the federal government never required full reimbursement from water users. Examples include the Colorado-Big Thompson Project, authorized by Congress during the Great Depression to provide a supplementary source of water to farmers and cities in northern Colorado, as well as earlier Western Slope projects like the Uncompahgre Project and the Grand Valley Project.ย โRecipients of irrigation water from federal projects will have repaid, on average, about U.S. $0.10 on each dollar of construction cost,โ writes University of California, Berkeley economist W.M. Hanemann In his 2005 paper โThe Economic Conception of Water.โ Today, federal funds are largely unavailable to help finance water supply infrastructure.
Although they remain much higher than agricultural water prices, municipal water rates are hardly exempt from market manipulation, and for good reasons. Because water is widely considered a basic necessity for human life and economic activity, many Colorado utilities are public entities whose rates are regulated by local governments or appointed boards, and even the rates of private, investor-owned utilities are limited by the Colorado Public Utility Commission.ย Many municipal utilities set their rates through โcost-of-serviceโ pricing, which doesnโt account for the value of water itself but factors in only what it costs to run the utilityโenergy, water treatment chemicals, office staffโplus maintain financial reserves, make debt service payments, and repair aging pipes, tanks, reservoirs and other infrastructure. A growing number of utilities also employ โincreasing block rateโ pricing to keep everyday water use affordable while penalizing higher water users to encourage conservation. Yet their rates include little or no charge for waterโs replacement cost or โscarcity value:โ what it would cost to obtain their water on the open market today, or what they could earn by selling their water and using the proceeds to pay off debt or meet other obligations.
โFor a farmer to keep a tractor, they have to be earning more by keeping it than they could make by selling it,โ says Chris Goemans, an associate professor of economics at Colorado State University (CSU) who specializes in water issues. โFor water rights portfolios, there is no charge to households to reflect the fact that the water could go somewhere else and earn more money for the utility.โ
Failing to account for this opportunity cost encourages customers to use their water for purposes worth less to them than the cost of bringing that water to the tap, whether thatโs watering the lawn or filling the swimming pool. Thatโs highly inefficient from an economistโs point of view. โYou donโt want people using water that costs $10 per gallon to produce on applications for which they place a value of a dollar or two,โ says Chuck Howe, a professor emeritus of economics at the University of Colorado, Boulder. โIf the price to the consumer doesnโt cover all the costs of production, then individual customers will apply water to uses that are, at the margin, worth less than the costs imposed on society.โ
Boulderโs Avery Brewing Company is one among 230-plus Colorado craft and micro breweries that have combined water with barley, hops and other specialty ingredients to establish a nationally recognized market for beer enthusiasts. Photo courtesy of Avery Brewing Company
Artificially cheap water saves customers money today, but in the long run will prove expensive as utilities are forced to meet growing demands by acquiring expensive new water rights or building new infrastructure. In a 2013 analysis, city staff in Westminster, Colorado, calculated that water rates would be 135 percent higher and water tap fees 99 percent higher if per-capita water demand in the city had not fallen by 21 percent since 1980. That declining consumptionโdriven by a combination of utility-sponsored conservation programs, conservation-oriented increasing block rate water pricing and stricter national plumbing codesโsaved the city over $5.9 million on water and wastewater treatment, new water rights, and loan interest payments, which would have been passed along to residents in the form of higher rates and tap fees. Even though water rates have risen in Westminster since 1980, in part to compensate for declines in per-capita consumption, they have risen much less than they would have if per-capita consumption had stayed flat as the population grew.
Howe believes that charging customers for the scarcity value of their water could have a similarly virtuous effect on consumptionโand thus on water ratesโover the long haul. In an unpublished paper co-written with water attorney Peter Nichols of the Boulder firm Berg Hill Greenleaf Ruscitti LLP, Howe argues that utilities could encourage conservation by charging customers more for each 1,000 gallons of water they use, then refunding any resulting profits by reducing the fixed monthly service charges that appear on monthly water bills. By increasing the price of each 1,000 gallons of water by just $1.50, Howe and Nichols surmise, the City of Boulder could earn $20 million per year, a sum equivalent to 5 percent of its $400 million water rights portfolio. This would encourage conservation without harming ratepayersโ overall bottom lines, since higher volumetric usage fees would be offset by reductions in fixed service charges.
Love thy neighbor: Legal restrictions on water transfers
Despite the limits on what municipal utilities can charge, the gap between urban and agricultural water prices persists. Thatโs partly because significant legal barriers discourage those who get their water cheaplyโfarmersโfrom selling it to the cities who will pay dearly for it. Those barriers serve noble goals: Because water, unlike other commodities like land or electricity, is often used several times in succession within the same river basin, many users depend on the reliable timing and amount of return flows from their neighbors upstream. To protect those flows, legal restrictions, such as the โno harm to juniorsโ rule, prevent anyone who moves their water or changes its use from impacting other water users. Colorado water courts employ several other principles in regulating water trades: The beneficial use requirement is intended to discourage waste and requires water to be put to beneficial uses approved by the legislature or the courts or else abandoned, and the anti-speculation doctrine mandates that anyone changing their water use show precisely its new use, location and amount, to prevent speculators from buying water and simply holding it, unused, until prices rise.
Water courts also limit the salable portion of a water right to its โhistorical consumptive use,โ the average amount actually absorbed by crops, retained by people and lawns, or used up by industrial processes over the water rightโs history. This prevents farmers from harming other water users by selling water they no longer have to divert as a result of improving their irrigation efficiency, provided they leave irrigated acreage and consumptive use unchanged. Before the efficiency improvements, the unused portion of the water diverted and applied had served other users in the form of return flows, so Colorado law protects those historical return flows for appropriation by other users after efficiency improvements are made.
On July 7, 2020, we closed our headgate that takes water from the Little Cimarron for irrigation. The water in the above photo will now bypass our headgate and return to the river. Photo via the Colorado Water Trust.
Taken together, these restrictions discourage water from simply flowing to the highest bidder. They make the process of transferring water rights time consuming and expensive, since detailed engineering studies and costly legal filings are necessary to prevent other water users from being injured without compensation. And yet, examples abound of Colorado water law flexing to accommodate changing state priorities. The nonprofit Colorado Water Trust and the Colorado Water Conservation Board (CWCB)โthe only entity in the state that can hold an instream flow water rightโare now seeking water court approval for the stateโs first permanent โsplit-seasonโ water right on the Little Cimarron River in Gunnison County. The right, acquired by the Colorado Water Trust, will permit the same water to be used for agricultural irrigation in the early summer and then for instream flows that benefit fish in the fall. Another example: Under a state law passed in 2013, farmers and municipal water providers can now enter into so-called โinterruptible supply agreementsโ three out of every 10 years without the approval of a water court. In this arrangement, farmers fallow some of their land or reduce irrigation and then, with the blessing of the State Engineer, convey the freed-up water to cities in exchange for short-term lease payments. One such arrangement, the Arkansas Valley Super Ditch, is partway through a three-year pilot project that began in spring 2015 when irrigators on the Catlin Canal east of Pueblo leased 500 acre-feet of water to the cities of Fowler, Fountain and Security.
โIt went so smoothly the first year that I donโt think we want to mess it up by changing anything,โ says John Schweizer, president of the Lower Arkansas Valley Super Ditch Company and the Catlin Canal Company. Because agricultural commodity prices were low in 2015, Schweizer says, the farmers who participated earned at least twice as much fallowing land and leasing water as they would have growing corn, wheat or alfalfa on the same acreage. And they still kept at least 70 percent of their water rights in agricultural production, as required by law. Even though there are two years left in the pilot project, Schweizer says, โThe City of Fountain is already talking about coming back and negotiating a longer term lease, which could mean bringing more farmers into the program.โ
Ideally, these alternative transfer methods (ATMs) could give cities reliable sources of water in dry years without requiring the โbuy and dryโ of agricultural lands. Yet short-term leases are a relatively new concept, and because urban water providers must plan for a reliable, long-term supply they often prefer to purchase agricultural water outright. Some urban utilities then lease the water back to farmers until they need it, giving them flexibility in deciding when to begin the sometimes long and arduous process of filing for a change of use in water court.
โIf you are a water [utility] manager, when you provide a water tap to a developer you are promising them water. Short-term leases are just not reliable enough right now to fulfill that promise,โ says Goemans, at least not for a cityโs entire water supply.
Still, reducing regulatory barriers to water leasing is likely to make it more common over time. In the South Platte River Basin, where the Colorado-Big Thompson (C-BT) Project diverts water from the upper Colorado River, owners of contracts for C-BT water are only required to obtain the blessing of the Northern Colorado Water Conservancy District board, rather than a water court, before selling or leasing their water interests, and a robust leasing market has materialized there.
According to a 2016 WestWater Research report, leases have accounted for about 80 percent of all water trades in the South Platte Basin in recent years, and most transactions have involved farmers leasing their water to cities. The value of this streamlined process is also reflected in the sale price of C-BT unitsโunlike a lease, a sale gives a buyer rights to the unit in perpetuity. In 2015, C-BT units changed hands 67 times and fetched an average sale price of $36,300 per acre-footโby the second quarter of 2016 the price was above $40,000. Meanwhile area ditch shares, whose transfer requires water court approval, were traded just 23 times for an average price of $13,800 per acre-foot.
Pricing the priceless: The non-market value of water
The market for C-BT units is a compelling example of what freer water trading might look like, yet several factors make it unlikely that such a market could be replicated across Colorado. Under a 1938 contract between Northern Water and the U.S. Bureau of Reclamation, all contracts for C-BT water must be exercised within the boundaries of Northern Waterโs service area. Units of C-BT water can only be used once before being allowed to flow down the lower South Platte River between Greeley and the Nebraska border, for the benefit of irrigators there. And yet, irrigators on the lower river have no legal right to claim injury if the lease or sale of C-BT units affects the return flows they rely on, since the prior appropriation doctrineโincluding the no-harm-to-juniors ruleโapplies only to native flows within a river basin, not to transbasin diversion water. This minimizes objections when C-BT units are leased or sold.
Colorado-Big Thompson Project Map via Northern Water
Leaving aside these complicated machinations, there is a simpler reason why most of Coloradoโs water sales and leases are still regulated by water courts: Legal safeguards like the no-harm-to-juniors rule play an important role in limiting harm to third parties or the environment when water is moved. They also highlight waterโs role as both a private good and a public resource with important environmental and cultural values.
Economists have devised a suite of techniques to translate those โnon-marketโ values into financial terms so that they can be factored into cost-benefit analyses of water projects. Perhaps the most prominent technique is โcontingent valuation,โ where economists survey water users to gauge their financial willingness to pay for environmental benefits or willingness to accept environmental harms.
Big Wood Falls photo via American Whitewater (2011)
People value waterโs role in the environment for a wide variety of reasons: โUse valueโ reflects the benefit of using a waterway for kayaking, rafting or swimming; โexistence valueโ measures the well-being gained from simply knowing that a river exists; and โbequest valueโ shows the worth of knowing that an environmental good will be preserved and passed down to future generations. There is also โintrinsic valueโโthe notion that other water-dependent species should be allowed to exist regardless of their value to humans.
Because some of these values have an emotional component, it can be tough to give them the same weight as purely financial considerations, and many cost-benefit analyses reflect this problem. In 2011, for instance, the Colorado Department of Public Health and the Environment was considering additional limits on releases of phosphorous and nitrogen from wastewater treatment plants to comply with enforcement of the federal Clean Water Act by the Environmental Protection Agency. A state-commissioned study by the consulting firm CDM Smith weighed the costs of those new regulationsโnew equipment and more intensive wastewater treatment and monitoringโagainst benefits like reduced spending on drinking water treatment, better-tasting and better-looking drinking water, improved ecological function in rivers and streams, and increased recreation. The study found that the regulations would yield just $0.79 worth of benefits for every $1.00 spent to implement them. Yet it relied on rough estimatesโderived from previous economic studiesโof the financial value that people place on environmental benefits. And it did not weigh qualitative benefits like existence and bequest value, despite the fact that these values often account for half of peopleโs willingness to pay for environmental benefits, according to CSU environmental economics professor John Loomis.
Colorado transmountain diversions via the State Engineer’s office
Those same omissions have characterized, and potentially marred, other studies. A 2009 study by the Front Range Water Council, a group of Front Range water providers that has advocated for new transbasin diversions from Coloradoโs Western Slope, found that the Front Range withdraws 19.4 percent of the stateโs water but generates 80 to 86 percent of the stateโs economic activity, while western Colorado withdraws 41 percent of the stateโs water but comprises just 10 percent of the stateโs economy. By that logic, the Front Range produces about $132,268 in economic output per acre-foot of water used, compared to just $7,200 per acre-foot on the Western Slope. Yet those figures fail to account for the economic costs that diverting water to the Front Range imposes on the Western Slope, along with the financial benefits of things like tourism and recreation, which rely on keeping western Colorado water in the stream. The Northwest Colorado Council of Governments (NWCCOG), a coalition of Western Slope municipal governments whose members generally oppose new transbasin diversions, attempted to address these omissions with its own 2012 study:ย โWater and its Relationship to the Economies of the Headwaters Counties.โ
โWe have struggled to convey how important having water in the river is to the economy in the headwaters region, especially in the summer,โ says Torie Jarvis, co-director of the Water Quality and Quantity Committee at NWCCOG. โThat study was meant to point out that there were values that studies like the Front Range Water Councilโs were not accounting for.โ
Fraser River at gage below Winter Park ski area. Photo credit: Colorado Water Trust
Some of these values, and the economic implications of protecting them, are relatively easy to quantify: The town of Winter Park, for instance, is forced to treat its wastewater to a higher standard because 65 percent of the Fraser River that once flowed through town is diverted to the Front Range, making wastewater more difficult to dilute. โWe have seen an impact on the cost of wastewater treatment year-round due to the lack of dilution flows,โ says Bruce Hutchins, manager of the Grand County Water and Sanitation District 1. Faced with ongoing transbasin diversions, Winter Park town leaders have also opted to curtail the townโs development to keep at least 10 cubic feet per second of water in the Fraser River at all times. That has clear economic consequences: At buildout, the town could accommodate about 9,300 single-family housing units if officials were willing to dry up the river to provide them with water. Instead, the town has capped the number of water taps it will dispense to allow for just 8,300 single-family units in order to maintain river flows.
Colorado fly fishing, whitewater and other water-related recreational pursuits contribute significantly to Coloradoโs $34.5 billion recreational economy. Photo courtesy of the Winter Park Convention and Visitors Bureau
โItโs a bit backwards from the way that other communities have done it,โ says Winter Park community development director James Shockey. โWeโve put the river first, and then looked at how much we can develop from there.โ
Other values compromised by transbasin diversions, like the potential effect of changes in water use on tourism, require non-market valuation in order to be expressed financially. In a March 2003 study, CSU economists Adam Orens and Andrew Seidl surveyed winter tourists in the towns of Gunnison and Crested Butte to see how changes in the areaโs open space ranch landscape would affect their decision to vacation there. More than half of those surveyed said they would reconsider vacationing in the area if just 25 percent of the existing ranchland were converted to second homes or other uses. If all of the ranchland were converted, the researchers concluded that tourism in the area could drop by as much as 40 percent.
Contingent valuation surveys have also shed light on the value of water left in rivers for recreation, wildlife habitat and scenic views, which sometimes exceeds the economic benefit of diverting that same water to farms or cities. In a 2008 study, CSU Economist John Loomis surveyed a random sampling of Fort Collins residents and found that they were willing to pay an average of $352 per year to keep peak spring and summer flows in the Cache La Poudre River rather than letting agricultural and municipal users deplete them. โIt appears the value of these instream flows to Fort Collins residents is of the same magnitude as the market value of the water in alternative uses,โ like irrigation and municipal use, Loomis concluded. In Colorado today, there are two legalย mechanisms that Fort Collins residents could use to keep that water in the stream, and both involve the prior appropriation system. In theory, they could convince local or state government to acquire a water right on the Poudre from a willing farmer or utility, then convert it to an instream flow right (held by the CWCB) or a recreational in-channel diversion right (held by a local government) to keep its recreational and wildlife benefits intact. Such benefits are protected in some states by the public trust doctrine, a legal concept which holds that certain resources should be held in trust by the government for public benefit. Yet that concept holds no legal sway in Colorado.
โWe are not a public trust doctrine state,โ says retired Colorado Supreme Court Justice Greg Hobbs. โWe are a prior appropriation state with a market. The Constitution provides that the water is owned by the publicย and is dedicated to the use of the people of the state subject to appropriation.ย Therefore, the public values protected by the constitution consist of the beneficial uses made by water rights owners.โ
The graphic shows the existing dam and water level and how high the new dam will rise above the current water level. Image credit: Denver Water.
Wading through no manโs land: Accounting for social costs
There are some good examples of water users paying for the public and private costs of their diversions. Under a 2012 pact called the Colorado River Cooperative Agreement between Denver Water and 17 Western Slope entities, the Front Range utility won support for its efforts to enlarge Gross Reservoir north of Boulder in exchange for helping to fund dozens of river improvements on the Western Slope. Among them: channel maintenance and habitat improvements on the Fraser River, a catchment basin that reduces sediment in the Fraser and cuts water treatment costs for Winter Park, and a whitewater park in the Colorado River at the mouth of Gore Canyon near Kremmling.
Yet some observers argue that there should be a more formalized way to charge for the public costs of diverting water. Aside from mitigation requirements imposed on water projects by state and federal environmental laws, the existing legal mechanisms for protecting public valuesโinstream flow rights and recreational in-channel diversion (RICD) rightsโwere introduced into Colorado water law relatively recently. (The legislature authorized the first instream flows in 1973 and RICDs in 2001.) That means that many instream flow rights have junior priorities and cannot be exercised when more senior rights are diverting, which can render them ineffective during dry parts of the year. As an added way to safeguard water-related public goods, the CSU economist Chris Goemans floats the idea of a public fundโperhaps financed by a tax on the buy and dry of agricultural landsโdedicated to preserving water-related public goods like open space and wildlife habitat.
โThere are social values of water use that are not factored into the transaction when a farmer sells their water to a city,โ says Bovee. โA farmer cannot charge a developer twice as much simply because his water is irrigating nice open land that will dry up once the water is gone. The developer will not pay extra to compensate for the loss of that public good.โ
In extreme cases, in the absence of state intervention, the social costs of water diversions can undercut the economy of an entire region. A well-known example of this is southeastern Coloradoโs Crowley County, where droves of farmers sold their water rights to the growing cities of Aurora, Colorado Springs and Pueblo between the 1960s and the 1980s, then took the profits, packed up and moved away. Because few of the proceeds from those water sales were reinvested in the community and the region lacked an alternative economy to fall back on, widespread unemployment ensued that persists to this day.
Photo of Crowley County by Jennifer Goodland
โIf you looked at this transaction from a statewide perspective, it was a net benefit,โ Bovee points out. โThe revenue from moving that water to the Denver Metro area was greater than the lost income from farming in the county. But there was a spatial problemโCrowley County did not have a second and third economy to rely upon, so it was economically devastating, and there was huge poverty and social fallout. Open markets see nothing wrong with that transaction. But the state has to look out for the health of its rural populations and mitigate the downside in some way.โ
Colorado lawmakers will be asked to weigh in on more than a half-dozen proposed water bills this year that will likely include support for improving the water quality in Grand Lake, significant new funding for replacing thirsty lawns, a pilot program to test using natural systems โ such as plants and soils, rather than water treatment plants, to clean up water โ and new state-level protection for wetlands.
A resolution asking lawmakers to support work to improve the clarity of water in Grand Lake, under consideration for months, is receiving broad-based support from powerful water interests, including Northern Water, said Mike Cassio, president of Grand Lakeโs Three Lakes Watershed Association. Cassio is among a group of advocates who have been trying to improve the lakeโs once-clear waters for decades.
โNothing official until it makes it to the floor, and it is passed.ย However, we are further than ever,โ Cassio said.
Forget bluegrass lawns
Ambitious plans are also on the table to boost to $5 million the amount of money the state is putting into an existing turf replacement program. Gov. Jared Polis as well as members of a special Colorado River Drought Task Force have asked that the program be expanded. It was approved by lawmakers in 2022 and given $2 million in funding.
โI would love to see the project continue,โ said state Sen. Cleave Simpson, a Republican from Alamosa, โand $5 million seems appropriate,โ at least initially.
Simpson, who is general manager of the Rio Grande Water Conservation District, is a sponsor of a bill that would provide at least $1 million to launch a pilot program testing so-called โgreenโ infrastructure, a term that refers to using such things as plants, wetlands and soils to clean up water, helping offset the use of more expensive tools, such as water treatment plants.
Thatโs only part of what could be another record-breaking year for funding Colorado water projects, according to Sen. Dylan Roberts, a Democrat from Frisco.
Last year, lawmakers approved $92 million in water funding, Roberts said, money that helps pay for water conservation, planning, dams and irrigation projects, and new technology, among other things.
โLast yearโs projects bill (the legislative tool through which funding is approved) was the largest amount of funding on record,โ he said. โI am hopeful we can break that record this year.โ
Roberts said he also hopes to introduce legislation expanding the amount of water available to protect streams and to add more protection for farmers and ranchers who agree to place their water into conservation programs benefiting the Colorado River and potentially other waterways.
Replacing federal wetland protections
Another major initiative likely to surface is a plan to create a state-level program to protect streams and wetlands affected by road-building and construction. Last year, the U.S. Supreme Court, in its Sackett v. EPA decision, drastically narrowed the definition of what constitutes a protected stream or wetland under rules known as waters of the United States. The decision left vast swaths of streams and wetlands in the American West and elsewhere unprotected.
Colorado is among a handful of states seeking to set up its own program to ensure its streams and wetlands are safe even without federal oversight. Last year, theย Colorado Department of Public Health and Environmentย (CDPHE) took temporary, emergency action to protect streams, but state lawmakers must approve any new, permanent program.
The CDPHE has been working with a large group of people on the issue, including farm and water interests, environmentalists, and construction and development firms. But what the new program might contain and how it will fare in the legislature is not clear.
โI think there is a lot of desire to get something like this done,โ said John Kolanz, a Loveland-based attorney and water quality expert who represents construction interests. โThe Sackett opinion really changed things. Some people estimate that it has reduced coverage of streams by 50% or more.โ
As a result, Kolanz said, โThe new state program is going to have to be quite large and it will have significant land-use implications. Weโve got to get it right on the front end.โ
Fresh Water News was launched in 2018 as an independent, nonpartisan news initiative of Water Education Colorado. Our editorial policy and donor list can be viewed at wateredco.org.
More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.
Guided by resident input, the award-winning 39th Avenue Greenway project at the edge of Denverโs RiverNorth neighborhood is an example of One Water in action. The project restored a discontinued rail corridor to improve the aesthetic, create an accessible recreational amenity, and provide stormwater conveyance and filtration as well as 100-year flood protection for the area. (Blake Gordon, Courtesy DHM Design)
Chemically, the water that nature creates is always H2O, regardless of whether itโs suspended in clouds, falling as droplets of rain, or coursing across the land in streams. Itโs all one water that cycles through earth and atmosphere. People, however, tend to form water teams that focus on singular aspects of waterโs role in our environment and communities.
Some managers oversee dams and reservoirs, while others treat water for drinking. Stormwater, flood control, distribution and piping, wastewater, watersheds and the environment, agricultural ditches and canalsโall of these water sectors developed as specialties that donโt, necessarily, join forces or even communicate about overlapping projects and goals. Thatโs largely because each specialty has had to negotiate separate regulations and policies dictating the howโs and whyโs of their water niche. Over time, siloes developed that hindered communitiesโ and water managersโ ability to take a holistic approach to water use and planning.
But by the early 2000s, a number of water professionals across the globe started to envision a new paradigm. โWhat if these systems could be collaborating and together break down the divides?โ asks Scott Berry, director of policy and government affairs for the US Water Alliance, established in 2008 to facilitate communication and development of what have been coined โOne Waterโ principles. The One Water movement was initiated with a utility-centric focus that sought to create dialogue between stormwater, wastewater and drinking water divisions. But the notion of One Water has since evolved to include a broader, more diverse tapestry of stakeholders, says Berry.
The goals of One Water often vary by site, but in most places, One Water initiatives link water and land planning. Whereas integrated water resource plans usually focus on water alone, a One Water ethic recognizes waterโs integration with broader landscapes. Communities can then put that ethic into action by developing a formal One Water plan, which aims to have all of a watershedโs major players at the table in order to craft more sustainable water systems. This means that local governments; private businesses; developers; farmers and agricultural industries; transit authorities; nonprofit organizations; drinking water, wastewater, stormwater, flood and watershed managers; land use planners; environmentalists; and others can all collaborate to share needs and solutions that help finite water resources go farther and achieve multiple benefits for communities and environments.
This countryโs largest cities have led the movement to attempt One Water frameworks, with Los Angeles creating its influential One Water plan in 2018. Other cities, such as New York, Seattle, Honolulu and Denver have followed. And now, surveys conducted by the US Water Alliance indicate that about 80 communities across the country are currently pursuing One Water plan development. Most, including Denver, are managing the interrelated aspects of their water systems in a more collaborative way to improve resiliency in the face of climate change and to stretch water resources to serve growing human populations.
โCollaboration can be unwieldy,โ acknowledges Berry. But it can also avoid costly and wasteful inefficiencies in spending, and it may even help tackle social injustice. โOne Water approaches can address the ways that different neighborhoods have historically received different treatment, and can propose durable solutions that are integrated and equitable,โ says Berry.
Itโs up to each community to identify a set of objectives that address local priorities: One city might emphasize stormwater reuse, while another might elevate water quality higher on its list.
Sunrise Denver skyline from Sloan’s Lake September 2, 2022.
Colorado Plans and Visions
In September 2021, Denver became the first Colorado entity to pursue integrated One Water strategies through the publication of its One Water plan.
Denver collaborators include those involved in water and land use on many levels: the cityโs water and wastewater providers, urban drainage and flood control, various representatives from different departments within the city and county governments, the state, and those who are looking out for the river itself. And they prioritized action items that include promoting water reuse, encouraging overlap between land use and water planning, and developing water policies that support sustainable practices.
Work implementing Denverโs plan is just getting off the ground with monthly meetings among the planโs collaborators who share ideas, outreach opportunities, and areas where their work overlaps.
For example, the 39thย Avenue Greenway project in the Cole and Clayton neighborhoods of north Denver predates the cityโs One Water plan (it was completed in 2020) but exemplifies the kind of multi-benefit project that the plan will prioritize. Flood control was the developmentโs marquee goal, but the design also installed pollutant-filtering green spaces to improve environmental health and playgrounds for families that had historically been underserved by city parks and recreational facilities.
Of course, One Water approaches donโt have to be all-encompassing, as Denverโs is. โYou donโt have to do everything, everywhere, all at once,โ explains Berry.
Coloradoโs leaders are calling for sweeping visions at the state level but not necessarily looking to blanket the state with full-on One Water plans. In the 2023 update to the Colorado Water Plan, the authors urge communities across the state to follow in Denverโs footsteps by including water in โevery city and countyโs comprehensive plan in ways that embrace the One Water ethic and support inclusion in water and land use planning at the local level.โ
โThe local level is where the important planning decisions are made for a more sustainable and water-conscious future,โ says Kevin Reidy, senior state water efficiency specialist for the Colorado Water Conservation Board (CWCB), the agency that led the development and update to the state water plan and supports water plan goals with project funding and direction. The new 2023 water plan specifically calls out the โOne Water ethicโ for all communities across the state โ going beyond a goal in the initial 2015 Colorado Water Plan, which said that 75% of Coloradans would live in communities that had incorporated water-saving actions into land use planning. The state hasnโt yet conducted a formal survey to measure communitiesโ progress.
โWith more One Water planning happening there can be a growing awareness, cataloging of best practices and tools that make adoption easier as well as documenting case studies that can help achieve a larger vision,โ says Reidy. โUltimately, that vision is strongest when it can integrate water conservation, land use and community values around water.โ
One community thatโs begun to yoke synergies is Fort Collins.
This northern Colorado city is unusual in that, in contrast to how things work in Denver, it owns and operates all three traditional water utilities: drinking water, stormwater and wastewater. But each had become siloed, to the point that various arms of the system often competed for funding and purpose. Two years ago, the city hired a consultant to conduct an assessment of the water system, and the resulting recommendation was to align the utilities under a One Water framework.
Jason Graham was hired a year and a half ago to oversee the transformation, and although his job title, executive director of water, doesnโt reference One Water, that movement nevertheless guides his efforts with Fort Collinsโ water services at the management level and regionally. That means achieving more overlap between planning, engineering and operationsโsectors that had been working in a vacuum, without awareness of what one another was doing. It also requires a landscape-level view of Fort Collinsโ water system, upstream to downstream. โThe goal is to develop One Water from Cameron Pass through Fort Collins to the South Platte,โ says Graham.
The effort is still in its early stages. The leadership team and group structures are established, and now, those teams are about to start defining the cityโs strategic principles and priorities for integration. โGiven what we have planned, weโre leading the One Water movement certainly within Colorado, and weโre one of the national leaders that people havenโt yet heard about,โ says Graham.
The potential overlaps extend far beyond the utilities, to include businesses, developers, neighborhoods, parks, golf courses, citizens, elected leaders and their equivalents in the adjacent county. โPromoting that engagement is a big part of One Water, because thatโs what creates a balanced approach to addressing water issues,โ says Graham, who has already begun dialogues with area agricultural providers and neighboring water providers.
Surrounding Fort Collinsโ urban boundary is an area served by about 20 different water utilities that respond independently to their communitiesโ widely varying attitudes toward growthโand Graham plans to have conversations in order to explore potential collaborations with all of them.
โWhether our development code and our policies on xeriscaping can be supported by those other water providers, thatโs very tricky,โ Graham explains. Some citizens support growth while others oppose itโand that struggle links in topics such as affordable housing and social equity, Graham notes, because if you stifle housing creation in a locale that already experiences rising property values, you price out lower-income residents. So while limiting growth may look good from a water-use standpoint, it can also heighten social inequities.
โIt can be daunting,โ Graham acknowledges. He doesnโt yet know what the limits will be for local collaboration, or how big is too big when it comes to the number of stakeholders involved. โBut regardless of whether we can leverage all that, there is a need to have these conversations,โ he concludes. And the future benefits of pursuing integration seem worth the present uncertainty, whether surrounding communities work with Fort Collins or not.
He also expects to enjoy cost savings for rate-payers once formerly separate budgets and projects are aligned. โOne area would conduct a study that no one else knew about, but now, that one study can do more by serving all buckets,โ he explains.
Integration also promises to make Fort Collins more resilient in the face of regional water pressures. โLooking at the Colorado River Compact and the future of northern Colorado, we want to be strategic about the resources that we have,โ Graham says. The time for inefficiency has passed. Says Graham, โThe community is ready for this conversation to happen. Weโre the stewards of this conversation and the protection of this resource.โ
Roadmaps for Future One Water Communities
On the campus of Colorado State University, just a few miles from Jason Grahamโs office, Mazdak Arabi, PhD, is putting the final touches on a report thatโs likely to help many communities across the country understand and embark on One Water integration. The research was performed at Arabiโs One Water Solutions Institute, established within CSU to develop science-driven, evidence-based pathways to water integration. Marrying pure science with practical application is โextremely rewarding for me and the other folks in the One Water Solutions Institute,โ says Arabi.
Dr. Mazdak Arabi Photo credit: Colorado State University
The report cites a ladder that they can climb to approach One Water ideals. โItโs a self-assessment framework, not a competitive comparison,โ Arabi emphasizes. But, like similar rubrics used by Leadership for Energy and Environmental Design (LEED) to recognize sustainable construction, the forthcoming self-assessment describes three levels of One Water involvement: Onboarding, Progressing and Advancing. Each level describes specific actions that municipalities can follow to identify where theyโre at and how to progress.
There is no ultimate state of One Water perfection. Even the most accomplished โlevel threeโ municipalities, those who have made the most One Water advances, will continue to self-monitor and engage their communities in pursuit of ongoing innovation. That quest promises dividends for entire communities, says Arabi.
โAt the core of our research, weโre looking at ways to make a community more livable, more resilient to changes in population or climate or other pressures,โ Arabi explains.
Fresh Water News is an independent, nonpartisan news initiative of Water Education Colorado. WEco is funded by multiple donors. Our editorial policy and donor list can be viewed at wateredco.org.
Coloradoโs health department is years behind in processing special Clean Water Act permits critical to protecting water quality in the stateโs streams and rivers.
Right now, just 33% of the active discharge permits on file with the Colorado Department of Public Health and Environmentโs Water Quality Control Division, are current, far below the agencyโs 75% goal, according to the agency. Under the federal Clean Water Act, entities that discharge fluids into streams, including wastewater treatment plants and factories, must get approval from water quality regulators to ensure what theyโre putting into the waterways does not harm them.
But it is a tough job, as pressure on streams rises due to the warming climate, populations grow, and new toxins, such as PFAS, emerge. PFAS make up a large class of chemicals used in everything from firefighting foam to Teflon. They are known as โforever chemicalsโ because they last decades in the environment and the human body. The EPA has just begun setting regulatory standards for them. โColorado could be doing better and it should be doing better,โ said John Rumpler, senior attorney and director of clean water at the Boston-based Environment America.
Lagging EPA standards
Permitting backlogs exist across the country, due in part to the EPAโs failure to update the standards the states work to enforce, he said.
โWeโre tolerating more pollution in our waterways than the law should abide,โ Rumpler said. โOld threats we have succeeded in reducing, but new ones emerge. Now we have PFAS in our waterways, urban runoff and new chemicals. Weโre just not keeping up.โ
In an email, EPA officials said theyโre aware of the issue. โEPA currently is in the process of evaluating permitting data for all states, including backlogs, and will be posting that information on our website by the end of January,โ said Rich Mylott, a spokesman for EPAโs Region 8 office in Denver.
Of the more than 10,129 active discharge permits in Colorado, 67% have been continued without a formal review. The stateโs Water Quality Control Division has wrestled with the problem for several years as staffing shortages and budget shortfalls grip the agency.
Though holders of expired permits are legally allowed to discharge under the Clean Water Act, the special status means dischargers face major uncertainty about what future requirements may be and how much it will cost to meet them, said Nicole Rowan, director of Coloradoโs Water Quality Control Division.
โWhat is challenging is when permits are backlogged and older, they arenโt current with environmental regulations,โ Rowan said.
โAnd if a facility wants to expand or change something, we canโt do it because it is in that administrative state,โ she said.
Metropolitan Wastewater Reclamation District Hite plant outfall via South Platte Coalition for Urban River Evaluation
Those facilities operating with expired permits include Metro Water Recovery in Denver, which processes wastewater for millions of metro area residents. It is Coloradoโs largest wastewater treatment plant. The agency declined an interview request, but in a statement said that resolving the backlog would help everyone.
โLike many public agencies, Metro understands that the Colorado Department of Public Health and Environment is resource constrained. โฆ Metro believes that it is in the best interest of all parties for permits to be renewed within a five-year cycle so that they are consistent with the current regulatory framework.โ
The City of Aurora is also among those agencies operating with a expired permit, according to spokesman Greg Baker. Auroraโs permit expired in 2017. Baker declined to comment on the impact of the delay.
In response to the problem, state lawmakers agreed earlier this year to add $2.4 million temporarily to the divisionโs budget.
โWhat the General Assembly did was a really big step in providing us some stability,โ Rowan said.
But funding lasts only until June 2025, at which point the agency must present a formal plan to lawmakers for keeping the permitting system current and adequately funded.
Rowan and others are hopeful the revamp of the system will dramatically improve the stateโs ability to monitor and protect water quality. Anyone interested in participating and tracking the stateโs process can do so by signing upย here. The next meeting is Dec. 18.
Fresh Water News was launched in 2018 as an independent, nonpartisan news initiative of Water Education Colorado. Our editorial policy and donor list can be viewed at wateredco.org.
More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.
Ranchers and farmers across the Colorado River Basin, who control roughly 80% of the drought-strapped riverโs flows, are reluctant to sign up for voluntary, government-funded water conservation programs for a variety of reasons identified in a new report.
Chief among them are a fear of losing their water rights, seeing their water use reduced, and engaging with far-off bureaucracies that they believe arenโt qualified to help.
โAgricultural Water Usersโ Preferences for Addressing Water Shortages in the Colorado River Basinโย is a study conducted by the Western Lands Alliance (WLA) in partnership with the Ruckelshaus Institute at the University of Wyoming in Laramie. Released late last month, it includes survey responses from more than 1,000 ranchers and farmers in six Colorado River Basin states, as well as interviews with producers. The WLA represents landowners and agricultural producers across the West.
The WLA launched the research effort to better understand how agricultural water users in the region view different water conservation efforts and what it would take to convince them to participate. Hallie Mahowald, a co-author of the report and chief programs officer at the WLA, said in a webinar in September that the landowners will be key to finding solutions to the growing shortages on the river because they control so much of its water.
โWe feel it is critical to understand landowner perspective and to solicit landowner input if we are going to develop successful strategies to address Western water shortages,โ she said.
Updated Colorado River 4-Panel plot thru Water Year 2022 showing reservoirs, flows, temperatures and precipitation. All trends are in the wrong direction. Since original 2017 plot, conditions have deteriorated significantly. Brad Udall via Twitter: https://twitter.com/bradudall/status/1593316262041436160
The report comes as the river basin remains mired in a long-running drought that has come close to crippling lakes Powell and Mead and experiences ongoing shortages as climate change continues to sap its flows.
At the same time, hundreds of millions of dollars in federal funding is being made available to help the Colorado River Basin states better manage the river, reduce water use, and develop programs to sustain the basinโs cities and farms as the region continues to warm.
Drew Bennett, MacMillan Professor of Practice in Private Lands Stewardship at the University of Wyoming in Laramie, said the survey results show a disconnect between ranchers and farmers and the agencies who are charged with overseeing Colorado River Basin water management. In fact, more than 85% of those surveyed said they did not trust the water agencies that help manage the giant river system.
โWe need to build additional trustโฆit will be absolutely critical moving forward,โ Bennett said.
And while more than 50% of those surveyed are engaging in at least limited conservation practices, they are not interested in doing more if their water rights arenโt strongly protected, if they are not adequately compensated, and if the programs arenโt administered locally.
This lack of trust, the report says, โmay create a barrier to gaining buy-in for new water management strategies, even if they are supported by significant funding from state and federal government agencies.โ
The river basin spans seven states. The Upper Basin includes Colorado, New Mexico, Utah and Wyoming, and the Lower Basin includes Arizona, California and Nevada.
Researchers broke out survey responses based on which basin a grower operates in. Key findings of the report include:
97% of Upper Basin growers (Colorado, New Mexico, Wyoming and Utah) and 96% of Lower Basin growers (Arizona, California and Nevada) are worried about coming shortage-related changes in water policy and new constraints on their water use.
Just 14% of Upper Basin growers and 13% of Lower Basin growers believe that existing water policies and management practices are adequate to address coming shortages.
69% of Upper Basin and 74% of Lower Basin growers have implemented at least one water conservation practice, largely in response to local water shortages.
56% of growers in both basins would engage in programs to improve their water delivery systems if funding is provided.
Just 8% of Upper Basin and 18% of Lower Basin growers would participate in programs that would fallow, or cease production, on the same field for multiple years.
And just 13% of Upper Basin and 14% of Lower Basin growers said there was a high level of trust between water users and water management agencies.
In Colorado, the Colorado Ag Water Alliance has been working to help producers use water more efficiently to prepare for future droughts and manage with less water. But CAWAโs Executive Director Greg Peterson said itโs a difficult task.
โOur goal is to help these people survive. People [who donโt farm] donโt actually understand that there are few opportunities to reduce water use in an agricultural setting,โ Peterson said. โYou might be able to reduce water use by 5% or maybe 10% without reducing yields. But itโs not easy to do.โ
Wyoming and other basin states have begun installing sophisticated new technologies that help determine how much water crops consume, known as consumptive use, and how much water runs off and returns to the river or natural environment after a field has been irrigated. This is a critical measurement because it is only the consumptive use portion of irrigation water that can be administratively โsavedโ as water left in the river system.
Jeff Cowley is administrator for interstate streams in the Wyoming State Engineerโs Office, the top water regulator in the state. Cowley is implementing new conservation technologies and working with growers who are already participating in one of the new federal programs known as the System Conservation Pilot Program.
Homing in on how much water is saved and left in the river is a complicated question whose answer differs from field to field and crop to crop. When water was plentiful, before the drought and climate change, there was enough water that this kind of precision wasnโt required. But that is no longer the case.
Cowley said this new level of precision is another critical factor in working with skeptical farmers and ranchers because it provides some certainty on what impact programs could have on their water supplies.
โFolks are attached to their water,โ Cowley said. โThey are willing to try new things, but not on their own dime.โ
And any given year, he said, โthere is not a lot of room for mistakes.โ
Fresh Water News is an independent, nonpartisan news initiative of Water Education Colorado. WEco is funded by multiple donors. Our editorial policy and donor list can be viewed at wateredco.org.
More by Jerd Smith 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.
Click here to download the report. (Bennett, D., Lewis, M., Mahowald, H., Collins, M., Brammer, T., Byerly Flint, H., Thorsness, L., Eaton, W., Hansen, K., Burbach, M., and Koebele, E. 2023.). Here’s the executive summary:
Executive Summary The Colorado River Basin is in crisis. There is no longer enough water for all of those who depend on it. The agricultural sector is the largest water user in the Colorado River Basin, meaning that farmers and ranchers are central to both the impacts of and solutions to water shortages. Their involvement will be key to developing effective policy solutions to todayโs water crisis.
We surveyed 1,020 agricultural water users throughout six states in the Colorado River Basin to understand their perspectives on the present crisis, their current water conservation practices, and their preferences for strategies to address water shortages going forward. Agricultural water users were primarily concerned about how the current situation could impact water policy, constrain irrigatorsโ own water use, and constrain other agricultural water users. We also conducted qualitative research to capture preferences for local approaches to managing water and provide additional context on dynamics in the Colorado River Basin, including interviews with 12 agricultural producers and water experts and a focus group with 10 agricultural water users in Colorado.
Perhaps unsurprisingly, we found agricultural water users are already responding to water shortages. Roughly 70% of surveyed agricultural water users have already adopted one or more water conservation practices or adaptation strategies. Importantly, many would consider adopting additional practices. Despite this, few respondents participated in or were aware of formal programs to support water conservation. One exception, however, was the Natural Resources Conservation Serviceโs Environmental Quality Incentives Program (EQIP). A third of respondents currently or previously participated in EQIP and an additional 37% were aware of the program. Information gathered from interviews and the focus group identified multiple burdens to participation in EQIP and similar programs, and several participants thought the benefits were not worth the effort. These insights suggest an opportunity for revisiting how formal programs meant to incentivize water conservation connect with water users.
Most survey respondents were unlikely to adopt water conservation practices as part of formal demand management or system conservation programs to address water shortages. Only one of eight practices included in the survey โ enhancing water delivery systems โ had a majority of respondents state that they were likely to adopt the practice. The remaining seven practices had a considerably lower likelihood of adoption. Respondents were also generally opposed to water transfers as a solution to shortages. Opposition was strongest to permanent transfers broadly, as well as to temporary transfers from agricultural to non-agricultural uses. Only temporary transfers from agricultural water users to other agricultural water users had less than 50% opposition. Major barriers to supporting water transfers included concerns about losing water rights, even in temporary transfer arrangements, as well as insufficient financial compensation. Addressing these concerns will be critical to increase participation of agricultural water users in demand management or system conservation. Still, although support for temporary water transfers and demand management practices was low, even equivalently low participation (e.g., 10% to 20%) could help address water shortages as part of a portfolio of strategies for the Colorado River Basin.
We also documented an overwhelming preference for local approaches to managing water shortages and a trust gap with non-local agencies. This was evidenced by respondentsโ preference for the local management of formal programs, such as some of the demand management and system conservation programs under consideration, as well as for the administration of funding for water conservation and other programs. Qualitative research participants communicated that strategies to address water shortages must account for the diversity of local contexts across the Colorado River Basin. These strategies could therefore be best implemented at the local level through existing delivery infrastructure and by managers with track records of success. State and federal water managers and agencies involved in program delivery should emphasize building trust with agricultural water users and gaining knowledge about unique features of local contexts. Simply providing additional funding for formal water conservation programs may be inadequate to meet the diversity of challenges across an area of 246,000 square miles. Developing opportunities for dialogue and listening can help foster relationships and improve trust among key stakeholders.
Given the importance of agriculture as the primary water user in the Colorado River Basin, proactively engaging agricultural communities will be critical to successfully managing water shortages. Understanding the perspectives and preferences of agricultural water users, as documented in this report, can help guide the development of solutions that work for producers and other users in the Basin.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Chatfield Reservoir is among those statewide that are reaching highs not seen in three years. Credit: Mitch Tobin, Water Desk, LightHawk aerial photography
Thanks to an exceptional year of deep winter snows and frequent summer rains, Coloradoโs drought-stricken reservoirs have reached a three-year high, with the statewide average standing at 102% of normal, up from 78% at this time last year.
โStatewide [reservoir levels] increased to above normal for the first time in three years,โ said Karl Wetlaufer, a hydrologist and assistant snow survey supervisor for the Natural Resources Conservation Service (NRCS) in Lakewood. โWeโve seen really significant increases in every individual river basin as well as statewide.โ
Wetlauferโs comments came last week at a meeting of the stateโs Water Availability Task Force, which monitors rain and snow, weather forecasts, and stream and soil conditions statewide. Wetlaufer is a member of the task force.
The numbers donโt mean all the stateโs reservoirs are full, but that their โfullnessโ at this time is above average for this time of year. Reservoirs are tracked in each of Coloradoโs eight major river basins, with the South Platte and Arkansas basins seeing the biggest gains, Wetlaufer said.
Colorado derives the majority of its drinking and farm water supplies from mountain snows that are collected in reservoirs, and as a result, reservoir levels are closely watched.
Colorado reservoirs have reached their highest levels in three years, with the statewide average reaching 102% of normal, according to the Natural Resources Conservation Service.
Hydrologists track water throughout a period of time known as the water year, which begins Oct. 1 and ends Sept. 30.
Water year 2023 has given Colorado and other Western states a major reprieve from a 22-plus-year drought cycle that is considered the worst in more than 1,200 years. Precipitation registered at 108% of normal.
The year โhas been wetter than average for a lot of areas around the state,โ said Becky Bolinger, assistant state climatologist at Colorado State Universityโs Climate Center who is also a member of the task force.
This year is giving the whole state a much-needed leg up on moisture going into the winter.
West Drought Monitor map September 26, 2023.
This doesnโt mean that the megadrought is over, though for a two-week period in July, the state was actually drought free, Bolinger said. But since then low levels of drought have returned to the southwest and south-central part of the state, including the San Luis Valley, where Alamosa had its driest summer on record, receiving just 4.32 inches of rain, down from a norm of 7.5 to 8 inches.
Looking ahead, the water picture remains healthy. An El Niรฑo weather pattern that is expected to arrive shortly and continue into the winter and next spring will bring with it wet snows for much of Colorado, with the exception of the northwest mountains.
That same weather pattern means the danger of ultra-dry conditions returning in the next six months is slim, Bolinger said.
โOverall I am not seeing any indicators over the next six months that things are going to turn bad, but in the next year a lot will change. The area I will probably watch is the northern mountains. That is an area that could be at risk for developing drought,โ she said.
Still water utilities, coming off a summer when rains kept lawn sprinklers turned down and helped bolster those reservoir levels, are pleased with the situation.
โThe South Platte Basin has had a really good summer which translates into lower demand on our system,โ said Swithin Dick, water resources administrator for the Centennial Water and Sanitation District in Highlands Ranch. โItโs looking good going into the winter.โ
Regaining functionality in Coloradoโs headwaters systems by restoring natureโs design
Most of Coloradoโs source streams are changing rapidly and look nothing like they did a couple hundred years ago. With climate change impacting headwater areas, weโre learning to appreciate what was lostโand what can be regained.
Intrepid though they were, the first European explorers and settlers along the Westโs various river systems did a lot of complaining. Pioneers groused about downed trees blocking their path and waterlogged ground that made footing treacherous. Mosquitoes, debris jams, underwater snags, and a confusing network of secondary streams thwarted humansโ attempts at efficient travel.
Intrepid though they were, the first European explorers and settlers along the Westโs various river systems did a lot of complaining. Pioneers groused about downed trees blocking their path and waterlogged ground that made footing treacherous. Mosquitoes, debris jams, underwater snags, and a confusing network of secondary streams thwarted humansโ attempts at efficient travel.
โIt was hard to boat, hard to hike,โ explains Ellen Wohl, an author and geosciences professor at Colorado State University who has researched written accounts of early explorationโalong with virtually every other aspect of changing stream structure and ecology. A self-professed fast-talker and a preeminent expert on how rivers interact with the land over time, she rattles off terms such as โspatially heterogeneousโ and โmorphological influencesโ with the casual ease of someone ordering a pizza. Yet she also translates fluvial geomorphology into blessedly common language: In their natural state, says Wohl, streams are messy. โTheyโve got pools, riffles, constrictions and expansions, logjams, beaver dams, and wetlands that spread across the valley floor.โ
Such tangles were particularly thick at headwatersโthe source streams feeding into the larger rivers that we know by name, such as the Colorado and South Platte rivers. Beavers typically turned these smaller waterways into a vexing labyrinth of dammed pools and wetlands choked with water-loving willows and trees.
And so, feeling antagonized by the headwatersโ soggy, messy terrain, Coloradoโs early European settlers devoted their energies to tidying up. They extirpated the beavers and demolished their dams; settlers also straightened and diverted the streams to irrigate crops and fill minersโ rocker boxes. Human engineering replaced natureโs infrastructure across most of the stateโs headwater systems. Consequently, neat channels surrounded by pliant grasses replaced the jumble of wetlands that once characterized source streams from the Eastern Plains to high-alpine valleys.
Fast forward almost 200 years and Colorado communities are facing new threats. Catastrophic wildfires, enduring drought, and waterborne pollutants endanger the many cities that developed downstream of headwater systems. Experts now believe that the swampy ecosystems that once tormented early explorers may actually become allies in weathering and adapting to these new threats. Restoring natural infrastructure, such as beaver habitat and the wetlands it creates, could shield communities from damaging floods, purify water of toxins and high sediment loads, and reduce the apocalyptic effects of megafires. Such benefits become possible when people appreciate the genius of headwatersโ natural stateโbut only if people can learn to live with their mess.
The Big Thompson River headwaters flow through Moraine Park, which doesnโt appear to be degradedโat least not to most observers. They see a simple ribbon of water snaking among grasses that allow for unobstructed views of the surrounding summits as well as the valleyโs resident elkโmaking this one of the best-loved areas of Rocky Mountain National Park. Even anglers flock here to cast for Big Thompson trout without worrying about tangling their lines in trees or shrubs, both of which are largely absent.
However, this kind of naked channel isnโt natural, explains Mark Beardsley of EcoMetrics, a collective of scientists that analyzes and restores headwaters. The Big Thompsonโs ribbon-like stream resulted from previous generationsโ attempts to impose order on what was once a jumbled, waterlogged valley. Before, willows and trees slowed the waterโs flow and created sanctuaries for juvenile members of many wildlife species. The slower water also would let woody debris like leaf litter, branches and roots settle out of the flow, keeping downstream rivers cleaner.
But in its current state, says Wohl, โBig Thompson in Moraine Park provides less attenuation of water, solutes [such as nitrate], and sediment moving downstream, and less diverse and abundant aquatic and riparian habitat than it provided when the beavers were more active there.โ And across Colorado, many headwater streams now look as stripped-down as the Big Thompson. โWe have simplified our headwaters into ditches,โ says Wohl. โLike a tree thatโs had all its branches cut off, but actually, all those branches are really important to the health of the tree.โ
Ellen Wohl is a geosciences professor and researcher at Colorado State University, author and renowned leader in geomorphology and restoration. Here, she poses for a photograph along Spring Creek, a small stream that flows through Fort Collins and the surround urban area and is protected along much of its length by open space and natural areas. Photo by Matt Staver
Changes began with the fur trade in the early 1800s, when trappers all but eliminated beavers from Colorado. By some estimates, todayโs beaver population represents just 10% of historical numbers. Without those dam-builders, many headwaters lost the ponds and waterlogged uplands that once filled valleys such as Moraine Park. Where wetlands persisted, settlers drained them to establish streamside homesteads and ranches.
Scientists define streams by numerical order: A first-order stream has no tributaries, and a second-order stream is created at the confluence of two first-order drainages. Headwater streams are typically first- and second-order streams. They can be found at various elevations, from mountain valleys to the plains, and their characteristic plants vary by ecosystem. Regardless of where theyโre located, headwaters often take on tangled shapes that slow the waterโs progress and distribute it across meandering oxbows and liquid fingers that look more like wet webs than streamlined ribbons. Though some Colorado headwaters stop flowing during dry seasons, historically theyโre moist, soggy places that keep water on the landscape, like sponges.
Colorado River headwaters tributary in Rocky Mountain National Park photo via Greg Hobbs.
And headwater streams are often so small that they could be plowed over or piped underground, explains Wohl. Many were diverted to run mines and ranches. Others served as flumes conveying felled timber, and, says Wohl, as those logs rode snowmelt rushing downstream โit was like taking a scouring brush to the channel.โ
Over time, as headwater streams lost their โbranchesโ and became a single trunk of water, they began to act like irrigation ditches that accelerate water, and everything in it, to locations downstream. With climate change intensifying both storms and droughts, the canal-like efficiency of modified headwaters is proving to be a detriment for communities across Colorado. โFloods get bigger, with a higher peak flow for a shorter time,โ Wohl says. Researchers are only now beginning to measure the flood-intensifying impact of channelized headwaters and every site is different, but according to unpublished modeling studies conducted by Nicholas Christenden, a PhD student at CSUโs Department of Civil and Environmental Engineering, one Front Range site demonstrated that restored beaver structures and associated vegetation might attenuate peak flow by 26%.
Faster, stronger floodwaters pose many long-term threats to stream and community health. They threaten bridges and riverside roads, and pollutantsโincluding everything from sediment to agricultural chemicalsโget funneled into municipal water sources.
Biodiversity also suffers from this channelization, because without complex wetlands and floodplains, streams support a less diverse population of insects, fish, amphibians, plants, birds and even bacteria.
Yet Colorado has managed to preserve a limited number (about 20% of the stateโs total headwaters mileage, estimates Wohl) of โstage-zeroโ headwater streams that still function as nature designed. On this scale developed a decade ago and commonly used by stream health practitioners, stage zero refers to these unaltered systems. As streams degrade they can go from stage zero up to stage four before they start to recover. The scale maxes out with stage-eight streams, which have recovered to near pre-disturbance levels. Stage-zero systems demonstrate remarkable resiliency during extreme weather events, and theyโve persuaded some experts that we need to up our investment in preserving and restoring headwaters, not as we made them, but as they were.
Should you hike up to the uppermost reaches of Cochetopa Creek, within La Garita Wilderness in the San Juan Mountains, you will find a waterlogged, willow-choked valley that Wohl adores. โOh itโs beautiful,โ she croons of this stage-zero gem.
With its beaver ponds and meandering secondary channels where juvenile amphibians and fish can take shelter and grow, the Cochetopa Creek headwaters is a de facto sponge that slows and retains water passing through. Floods are dispersed across its many inlets, which trap pollutants and suspend sediment and return clear water to the flow downstream, just as a water treatment plant might do, but without the multi-million-dollar price tag. Thus the chain-of-ponds system also reduces the impact of high-energy surges. That water-purifying capability also traps atmospherically deposited nitrates, phosphates and other chemicals, which would otherwise concentrate in downstream water bodies where they trigger toxic algae blooms, says Wohl, who published her findings in a 2018 paper for Biochemistry.
Healthy mountain meadows and wetlands are characteristic of healthy headwater systems and provide a variety of ecosystem services, or benefits that humans, wildlife, rivers and surrounding ecosystems rely on.
The complex of wetlands and connected floodplains found in intact headwater systems can slow runoff and attenuate flood flows, creating better downstream conditions, trapping sediment to improve downstream water quality, and allowing groundwater recharge. These systems can also serve as a fire break and refuge during wildfire, can sequester carbon in the floodplain, and provide essential habitat for wildlife. Graphic by Restoration Design Group, courtesy of American Rivers
Many river stretches in Colorado have been impacted by human use. In her book โVirtual Rivers,โ Ellen Wohl describes how rivers and headwater systems have been degraded over time. โAs land-use changes have resulted in changes to the water and sediment entering stream channels, these channels may become unsightly, pose a hazard to human life and property because of excessive scouring or sediment filling, or no longer provide some desired function, such as fishing.โ
Here we see an unhealthy system with an incised stream channel that is disconnected from its floodplain, resulting in reduced water storage, less groundwater recharge, and degraded water quality. Unlike in a wetland system, runoff and flood water flow quickly out of a degraded meadow because they cannot spread out and seep in. Increased flows cause further erosion, cutting deeper and wider channels that are less meandering and sending more sediment downstream. Graphics by Restoration Design Group, courtesy of American Rivers
โCertainly we see significant benefits downstream,โ explains Dan Brauch, a Gunnison-area fisheries biologist with Colorado Parks and Wildlife. Cochetopaโs stage-zero beaver complexes store water thatโs slowly released during late summerโs hot, dry periods, which improves water quality and quantity for downstream trout, Brauch says. โThat water retention is also important to this areaโs agricultural properties, because it means that more water is likely to reach those irrigators for a longer portion of the season,โ he continues. Of course not all stream systems react to beaver activity in the same way. A 2015 study looking at the impacts of beaver dams on streamflow and temperature in Utah found that beavers donโt have consistent results on streamflow. During the study period, beaver development caused more variability in stream systems but, the report says, continued study is needed to better predict and understand beaversโ impacts.
The complex of wetlands found in intact headwater systems, such as at Cochetopa Creek, also can serve as a fire break and refuge for the areaโs animals during wildfire. โEvery living thing that can get there will,โ attests Beardsley. After widespread fires, waterlogged headwater systems remain as a โbig green patch,โ he continues, from which repopulation efforts take hold in the surrounding burn.
These wetlands even sequester carbon in the floodplain to counterbalance the factors fueling climate change. Wohlโs study of North St. Vrain Creek concluded that while its broad, sponge-like floodplains represent just 25% of the total channel length within the river network, they store 75% of its organic carbon. โHeadwaters that remain in their original condition provide a lot of ecosystem services,โ Wohl says.
Residents of Glenwood Springs, for example, enjoy lower water costs because several of their headwater systems retain many of their natural processes. โBison Lake Basin, No Name Creek and Grizzly Creek watersheds are [considered] stage-one watersheds exhibiting high geomorphic, hydrologic, and biotic integrity,โ says David Boyd, public affairs officer for the White River National Forest, where these headwaters are located. Thatโs advantageous to the cityโs water treatment, explains Matt Langhorst, Glenwood Springsโ public works director. โThe water that comes out doesnโt have a lot of sediment, so it costs us a little less money to put it through the treatment process, and we pass that savings along to residents of Glenwood Springs,โ he continues.
Whatโs more, these headwater wetlands also support a boggling diversity of flora and fauna, says Sarah Marshall, a wetland ecologist with CSUโs Colorado Natural Heritage Program. โThe most intact systems just have more species,โ she explains. โBirds, mammals, bugs, batsโall of it,โ she continues. โBetween the sights and also the sounds, itโs a very rich sensory experience to be in a diverse wetland.โ
Headwatersโ power is their complexity, says Marshall. โWhen you take water out of that system,โ as has happened at the Big Thompson and so many Colorado headwater streams, โYou take away that complexity piece.โ Itโs like trying to support a reef ecosystem without the coral. Headwater wetlands, like coral reefs, โProvide a structure or a home for a lot of living species, and is itself a living thing, with fungi and bacteria that live in the soil,โ Marshall explains. Trout, for example, depend on the deep pools that beavers create to survive the cold Colorado winters, because only those pockets stay warm enough to keep fish alive, whereas most headwater streams are so shallow that they freeze solid.
Yet defining what โhealthyโ means when describing headwater streams remains challenging, says Marshall. Health isnโt based on easily definable traits and each system is unique. Still, says Wohl, there are certain markers that generally point to โhealthyโ headwater systems. โNatural systems are not static, so there should be a range of variability,โ she continues. Water flows will vary greatly between peaks and lows; water temperature will differ by location; speciesโ numbers may also fluctuate. Healthy headwaters, says Wohl, โhave the ability to sustain their natural communities.โ Thus native migratory birds and wild trout should be able to live, season to season, without replenishment or support from human agencies.
Beardsley, meanwhile, defines a healthy headwater system as one thatโs preserved its natural processes. โIn human health, weโd say that the person can still perform their vital functions,โ he explains. Yes, scientists can measure water quality and use that to indicate something about purity, but โhealth is broader than that,โ Beardsley explains. โItโs about physical and biological integrity, where plants, animals and abiotic parts all depend on one another.โ In other words, he concludes, health is something thatโs challenging to define or measure, but โdefining and measuring it is something we can and must do to restore healthy watersheds.โ
For all their planetary and human benefits, healthy headwaters come with tradeoffs that people sometimes find hard to accept. Hikers donโt like soaking their boots amidst flooded willows that stymy progress. In their natural state, headwaters are jumbled, cluttered places that frustrate our preference for efficiency.
But the biggest concern comes from downstream water users, including some water providers, municipalities, agricultural producers and others who raise concerns about the potential implications of holding water on the floodplain. These water rights holders worry that water retained upstream in headwaters areasโwhether in wetlands or behind beaver damsโmight alter or limit the amount of flows or timing of runoff, impacting the water that they legally have a right to use.
But, says Marshall, โIf you want to catch fish and you want clean water to drink, you really need the mess upstream.โ
When land and water managers or property owners seek to rehabilitate headwater streams that have suffered decades of replumbing and degradation, they can follow a surprising number of clues that indicate how the waterway once functioned.
Some glimpses remain in the written records that settlers left. โThere are general land office descriptions, when people surveyed, that document what they saw,โ says Marshall. โThey are sometimes very descriptive, especially with the acres that were difficult to cross,โ she jokes. In their snarled, labyrinthian state, headwaters have never facilitated easy passage for humansโ preferred forms of travel.
Technological imaging can also provide sketches of headwatersโ former shapes, sizes, and historical footprint. โAerial photography lets us see evidence of where rivers used to be,โ notes Marshall. Imprints from former beaver ponds and wetlands often remain on the land and suggest the paths that water used to take through valleys that now evidence a single stream among stark grasses.
LiDAR, which stands for light detection and ranging, is yet another way that researchers discern evidence of past water patterns. LiDAR has helped water managers assess snowpack depth across various headwaters in Colorado, and the data can also guide practitioners who want to understand what a particular stream looked like before human re-engineering.
โAerial imagery of the Big Thompson in Moraine Park, as in a lot of mountain parks, shows broad floodplains that used to be a mix of meadows and wet places, with meandering, multi-threaded sliver channels that historically had beavers and large wood,โ Marshall explains. But as elk replaced beavers in Moraine Park, the woody vegetation all but disappeared, either because it was browsed by ungulates or didnโt find sufficient water, and the simplified stream dug into the floodplain, losing its connection to the surrounding ecosystem.
Sometimes, Wohl and other researchers look at data, such as streamsโ hydrographs, to determine the threshold requirements for sustaining key ecological functions. โFish spawning, for example, might require a certain minimum flow and distribution,โ Wohl explains. Managers can aim for those targets, rather than trying to restore working waterways to their pristine conditions.
Indeed, itโs not always easyโor desirableโto try to recreate the past with todayโs streams. After all, theyโre living, dynamic systems, not museum artifacts, and theyโre healthiest when they have the freedom to change and adapt. โYou could pick a point in history to return to,โ says Beardsley, โBut these ecosystems are always changing and evolving. So thereโs no point in trying to create a static system.โ The idea is to restore streamsโ multi-faceted functionality, so earth, water, rock, chemical and biological elements all work togetherโand then let the system run itself.
In fact, headwatersโ adaptability is precisely what makes them such valuable assets for human communities looking to boost their resiliency in the face of climate change. โWe want systems that can react and adapt to future pressures,โ Beardsley continues. When torrential rains fall on mountainsides that have been denuded by wildfire, headwater systems can slow the flooding and filter the water before it arrives at municipal infrastructureโbut only if these streams retain some version of their original, natural processes.
Along Stroh Gulch, a headwater stream in Parker, Colorado, that feeds into Cherry Creek, developers are building the new 1,200-acre Tanterra development with the stream top of mind. The Mile High Flood District and partners have developed a plan that Tanterraโs developers are implementing to revive the streamโs health while allowing development to proceed. Photo by Matt Staver
Thatโs why the Mile High Flood District (MHFD) recently helped a landowner in Parker to create a development plan that restored Stroh Gulch, a headwater stream that feeds Cherry Creek. Not that Stroh Gulch was pristine: Located on a cattle ranch, it includes reaches that have lost their native scrub oak and have become channelized. But as the landowner prepared to offer the property to housing developers, the MHFD collaborated on a vision for the project that would revive the headwater streamโs health and meet buildersโ economic needs. Three years ago, E5X Management and Muller Engineering Company accepted the project parameters, and this year, construction begins on the 1,200-acre Tanterra development.
Instead of lining Stroh Gulch with concrete and reducing it to nothing more than a ditch, developers are planting grasses, shrubs and trees that restore the streamโs heterogeneity. โWe look at them as infrastructure,โ explains Barbara Chongtua, MHFDโs development services director. โOne benefit to homeowners is the aesthetic component, that these become places to walk, meditate and play,โ she continues. โBut the natural systemโwe refer to it as nature-based solutionsโalso slows the water down and prevents erosion,โ she explains. The water infiltrates the ground closer to its source, so it doesnโt all dump into the active channel. According to simulations conducted by Muller Engineering, the interplay of rocks, shrubs, and trees โreally beat down the peak and the frequency of runoff,โ says Chongtua.
โThe Mile High Flood District is dedicated to protecting people, property, and our environment, and we used to do that with a lot of concrete and rock, to contain [flooding],โ Chongtua continues. โBut now weโre realizing that we can achieve that protection by working with nature, by working with its living systems, which are a lot more cost-effective and get stronger over time.โ Tanterra is just the beginning. Says Chongtua, โThis gives us a pilot project that we can scale up.โ
Improving the health of Stroh Gulch makes a positive difference, even though the stream isnโt likely to achieve stage zero status. Because, experts agree, headwaters health isnโt an all-or-nothing game: Degrees matter. The rehabilitation efforts that are most likely to succeed also work by degrees, so that the best candidates for restoration typically retain some of their defining characteristics, says Beardsley. For example, itโs hard to relocate beavers to a zone where they have no food, habitat, or building materials.
At the Tanterra development site in Parker, Colorado, a diverse array of partners have been collaborating to ensure that as the new community is built, the stream is restored. Partners include the Mile High Flood District, Muller Engineering, HEI Civil, Naranjo Civil Constructors, Westwood Professional Services, E5X Management and Parker. Photo by Matt Staver
Itโs difficult to relocate beavers, period, says Beardsley. Theyโre natural forces that humans canโt readily control. So at Trail Creek, located within the Taylor River headwaters between Gunnison and Crested Butte, efforts merely invited beavers onto the mile-long segment. Wanting to improve water quality above Taylor Park Reservoir, local land managers worked with funding partners that included the National Forest Foundation and the Coca-Cola Corporation to restore water-holding wetlands. Beginning in 2021, volunteers sunk wooden posts into the stream banks and wove willows between them to create artificial beaver dams that, they hoped, would attract beavers from the surrounding forests.
It worked: By the following summer, beavers had returned to the valley after a 20-year absence and had constructed a dam and lodge that had begun to saturate the once-parched riparian zone. Retained water nourished the 200-plus willows that teams had planted, and the revived interaction between plants, water and wildlife promises to reverse the encroachment of sagebrush that had replaced riparian plants throughout the corridor.
โThe big benefit is that water remains on the landscape,โ says Beardsley. โThat provides a big resiliency factor in times of drought.โ
Coloradans have different needs and face a fresh set of threats that didnโt bear on those European settlers 200 years ago. โWeโve traded away a lot of those functions and benefits [of headwaters] by some of our past land uses,โ says Beardsley. โBut we can trade back, which is exciting.โ Trail Creek and related projects indicate that headwater streams can indeed heal, when humans set them up to self-adapt.
โWe donโt know how they should respond to a lesser snowpack or drier conditions or wildfire,โ admits Beardsley. But he trusts nature to figure it out. โWe ha
A freelance writer living in Steamboat Springs, Kelly Bastone covers water, conservation and the outdoors for publications including Outside, AFAR, 5280, Backpacker, Field & Stream, and others.
Photo credit from report “A Preliminary Evaluation of Seasonal Water Levels Necessary to Sustain Mount Emmons Fen: Grand Mesa, Uncompahgre and Gunnison National Forests,” David J. Cooper, Ph.D, December 2003.
Looking to oversee hundreds of streams and wetlands left unprotected by a recent U.S. Supreme Court ruling, Colorado water quality officials have taken emergency action to provide at least temporary protections while a more permanent program can be set up.
The move comes just weeks after a U.S. Supreme Court decision sharply reduced the number of wetlands and streams protected under the Clean Water Act.
โWe will rely on this temporary policy while we work out something longer term,โ said Nicole Rowan, director of the Colorado Department of Public Health and Environmentโs (CDPHE) Water Quality Control Division.
Under theย new policy, the CDPHE is requiring notice of discharge into state waters and it will use its new authority to guide its enforcement actions when unpermitted dredge and fill materials are discharged into state waters, according to Kaitlyn Beekman, a CDPHE spokesperson.
Members of a working group, which includes environmental and agricultural interests, as well as water utilities and mining companies, have been working with the state to explore how to create a permanent mechanism to protect Coloradoโs streams and wetlands in the future.
At issue is how the U.S. EPA defines so-called Waters of the United States (WOTUS), which determines which waterways and wetlands are protected under the federal Clean Water Act. The definition has been heavily litigated in the nationโs lower courts since the 1980s and has changed dramatically under different presidential administrations.
But on May 25 in Sackett v. EPA, the U.S. Supreme Court decided, among other things, that the WOTUS definition that included wetlands adjacent to streams, was too broad.
In its ruling, the court said only those wetlands with a direct surface connection to a stream or permanent body of water, for instance, should be protected.
The court decision has far-ranging implications for the environment, as well as agriculture, construction and mining, all major parts of Coloradoโs economy, officials said.
The decision may also have more impact in semi-arid Western states, where streams donโt run year round and wetlands often donโt have a direct surface connection to a stream.
โAlthough the courtโs decision directly addresses only the scope of โadjacent wetlands,โ its description of โwaters of the United Statesโ as including only relatively permanent bodies of water connected to traditional interstate navigable waters will likely result in ephemeral and intermittent waters, which constitute the majority of Coloradoโs stream miles, being outside the scope of federal Clean Water Act jurisdiction,โ the CDPHE said in a statement on its website.
Under the Clean Water Act, the EPA and the U.S. Army Corps of Engineers are responsible for issuing permits and enforcing violations when dredge and fill activities associated with construction and road projects, among others, harm wetlands and waters considered to be waters of the United States.
Right now, though, as a result of the new Supreme Court decision, no agency has the authority to issue a permit or take enforcement action on these newly unprotected wetlands, according to Trisha Oeth, CDPHEโs director of environmental health and protection programs.
โThere are waters that used to be protected under federal law and you used to be able to get a permit [for dredge and fill work]. Now there is no protection and no way to get a permit,โ Oeth said.
Alex Funk, director of water resources and senior counsel at the Theodore Roosevelt Conservation Partnership, said he was pleased the state was moving quickly to fill in the regulatory gap.
โWe were not excited about Sackett,โ Funk said. โBut weโre glad Colorado is doing something about it.โ
Funk is hopeful that the CDPHE and lawmakers will move to introduce legislation next year that will create a wetlands law specific to Colorado that will offer broad, lasting protections. Funk said a handful of states, including Ohio and New York, have taken similar action to address the changes to the Waters of the U.S. rule.
Agricultural interests have long been worried about the WOTUS rule, because irrigators routinely work with streams and irrigation systems on their lands, where wetlands also exist.
Austin Vincent, general counsel and policy director for the Colorado Farm Bureau, said his members are comfortable with the approach the CDPHE is taking in part because there are critical exemptions for on-farm work, such as irrigating, plowing and irrigation system maintenance.
Part of the problem in the past is that the law changed so frequently, that it was difficult to know with certainty where and when permits were needed, Vincent said.
โItโs a big, big issue,โ he said. โWe want to make sure that the definition the state comes up with doesnโt encompass an overly broad number of waterways โฆ Certainty is difficult in water. But we want as much certainty as we can get from the regulatory community.โ
Jerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email atย jerd@wateredco.orgย or @jerd_smith.
Ephemeral streams are streams that do not always flow. They are above the groundwater reservoir and appear after precipitation in the area. Via Socratic.org
Join usย next Wednesday, June 28 atย 3 p.m. for a webinar onย putting the Colorado Water Plan into action!ย
The update to the Colorado Water Plan, published earlier this year, relies on people across the state to get things done and implement it. What sort of work fits in with the plan? What support is there to get this work done? And what projects have already been successful in advancing the goals of the plan?ย
During the webinar, we’llย hear about action areas in the plan and how those overlap with funding opportunities. Plus we’ll hear from representatives from different parts of the state and take a look at a variety of projectsย โ including a focus on collaborative water sharing in the Arkansas River Basin, forest health work in the Yampa River Basin, stream management planning and agricultural infrastructure improvements in the Rio Grande Basin, and water reuse, conservation and storageย in the Metro area โ that have already been implemented before diving into a discussion about moving forward.ย
With speakers: Russ Sands,ย Colorado Water Conservation Board Julie Baxter,ย City of Steamboat Springs Daniel Boyes,ย Rio Grande Headwaters Restoration Projects Lisa Darling,ย South Metro Water Supply Authority Scott Lorenz, Colorado Springs Utilities
This webinar isย FREE for WEco members!ย Not a member?ย Joinย to support our mission and to take advantage of this and many other benefits.
The Colorado River in McInnis Canyons National Conservation Area, near Grand Junction, Colorado, on April 26, 2019. Photo by Mitch Tobin/The Water Desk
To save the Colorado River, its water users must look at radical new options, including a hard stop on new diversions, dams and reservoirs across the seven-state river basin, managing lakes Powell and Mead as one entity, and paying millions to farmers who agree to permanently switch to water saving crops and to change irrigation practices.
Those were among suggestions experts offered at a University of Colorado conference focused on the river June 8 and June 9 presented by the Getches-Wilkinson Center for Natural Resources, Energy and the Environment and the Colorado River Basinโs Water & Tribes Initiative.
Mark Squillace, a University of Colorado law professor who specializes in water law acknowledged that the ideas, such as banning nearly all new development of water on the river, werenโt likely to be popular among established water users.
โBut we canโt just keep appropriating water,โ he said. Already heavily overused, the riverโs dwindling supplies must still be reallocated to set aside water for the 30 Native American tribes whose reservations are located within the basin. Several of them have been waiting more than a century to win legal access to water promised to them by the federal government.
Pushed to the brink by a 22-plus year drought, overuse and shrinking flows caused by climate change, the riverโs dwindling supplies prompted the federal government last summer to order the seven states to permanently reduce water use by 2 million to 4 million acre-feet annually.
The call to stop water development on the Colorado River is being heard more often due to the crisis, but it is a tough sell, especially in states, such as Colorado, that have not developed all the water to which they are legally entitled.
The basin is divided into two segments, with Colorado, New Mexico, Utah and Wyoming comprising the Upper Basin, and Arizona, California and Nevada making up the Lower Basin.
The riverโs two largest reservoirs, Lake Powell in the Upper Basin and Lake Mead in the Lower Basin, have long been managed separately with different rules, including the time periods in which water is measured, a critical component of forecasting supplies. But experts say that approach isnโt working and is making it more difficult to rebalance the system.
Map credit: AGU
โWhy not do things far more simply,โ said Brad Udall, a senior scientist and climate expert at Colorado State University. โLetโs give up the game on Upper Basin and Lower Basin. It just seems stupid. The old system is overly complex. It allows people to game the system.โ
Udall was referring, in part, to a set of operating rules adopted in 2007, known as the Interim Operating Guidelines, that were intended to better coordinate operations between the two reservoirs, but which some now believe exacerbated the riverโs problems.
This year, thanks to abundant mountain snows and a cool, rainy spring, the river is enjoying a bit of a reprieve. But critical negotiations on how to manage it in the future are set to begin this year, with painful decisions facing the seven states, the tribes and Mexico.
Lessening some of that pain is hundreds of millions of dollars in new federal funding dedicated to helping the basin reduce water use and find more sustainable ways to support critical industries, including agriculture, which uses roughly 80% of the riverโs supplies.
But agricultural water use is critical to feeding the nation, and finding ways to reduce it without crippling rural farm economies and threatening the food supply is a major challenge.
To that end, Squillace and others say simple steps will deliver big results. Take alfalfa hay production. Most alfalfa growers irrigate their fields all summer, harvesting the crop multiple times over the course of a growing season. Eliminating one of those harvests late in the growing season could save as much as 845,000 acre-feet of water in the Lower Basin states each year. That alone would cover nearly one-quarter of the water use experts say is needed to help the river recover and sustain itself in an era of dwindling flows.
Also high on the list of important steps to better balance the river is to use most of the tens of million in federal funding to pay for permanent reductions water use.
โI would hate to see us waste our money on temporary things when we know we have a permanent problem,โ Squillace said.
Coloradoโs U.S. Senator John Hickenlooper, who made a brief video appearance at the conference, said he and other senate colleagues did not want to interfere in state-level talks.
โNone of the senators want to meddle in state efforts to come to an agreement,โ Hickenlooper said, โBut we have to make sure that money is spent wisely, and we also have to look at lasting solutions โฆ we recognize that a lot of traditional landscapes and lifestyles are dependent on us finding the right solutions.โ
Jerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email atย jerd@wateredco.orgย or @jerd_smith.
Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism
Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism
Click the link to read the article on the Water Education Website (Jerd Smith):
A new, late-session bill creating a statewide task force designed to shore up the stateโs Colorado River drought protection efforts will be heard this week by Colorado lawmakers, with the Senate Agriculture and Natural Resources Committee considering the bill today.
The Colorado General Assembly adjourns May 6, giving lawmakers just days to deliberate on the bill.
Senate Bill 23-295 is sponsored by Sen. Dylan Roberts, D-Avon; House Speaker Julie McCluskie, D-Summit County; Sen. Perry Will, R-New Castle; and Rep. Marc Catlin, R-Montrose. It would create a task force that has six months to come up with ways to protect the state from water shortages due to the ongoing megadrought in the Colorado River Basin, and to ensure that efforts to temporarily fallow West Slope farms and ranches to help keep more water in the Colorado River donโt impose undue burdens on West Slope farms and ranches and other water users.
โThis legislation โฆ will bring us one step closer to addressing one of the most pressing issues our state has ever faced โ the endangered Colorado River โ and ensure every Colorado community has access to the water resources they need now and into the future,โ Roberts said in a statement.
The Colorado River Basin covers seven states. The Lower Basin is made up of Arizona, California and Nevada, and the Upper Basin comprises Colorado, New Mexico, Utah and Wyoming.
The majority of the riverโs supplies are generated here in the Upper Basin, with Colorado being the largest contributor to the system.
And the majority of the riverโs water, roughly 80%, is used to grow food. If states can find ways to reduce agricultural water use, it would help rebalance the system. But it is a complicated undertaking, and could harm rural farm economies and food production if not done properly.
Map credit: AGU
Major water districts on Coloradoโs West Slope, including the Glenwood Springs-based Colorado River District, as well as the Durango-based Southwestern Water Conservation District, represent many growers who rely on the Colorado River. They have been frustrated by what they say is a failure by the state to include them in decision making about new federal farm fallowing pilot programs, among other things. The proposed task force would be charged with devising a formal structure for including water districts and other interested parties.
Last month these districts were alarmed when the Colorado Water Conservation Board, the stateโs lead water policy body, opted not to give them the opportunity to review fallowing proposals submitted to the Upper Colorado River Commission as part of what is known as the System Conservation Pilot Program (SCPP), a short-term initiative that would pay growers to voluntarily fallow their fields, or switch crops, or use other techniques to reduce their use of Colorado River water.
Steve Wolff is general manager of the Southwestern Water Conservation District. He said state water officials need to be more inclusive and transparent about decisions being made about the Colorado River.
Wolff said the CWCBโs decision to exclude the water districts from the SCPP review process is an example of the lack of transparency that is driving concern on the Western Slope.
He said the task force bill is a major undertaking and may not be finished before the session ends.
โItโs moving very fast,โ he said.
The CWCB did not immediately respond to a request for comment. But CWCB Director Becky Mitchell has acknowledged previously that the SCPP initiative was rolled out very quickly, and its processes could be improved. Mitchell also represents Colorado on the Upper Colorado River Commission.
This year, due to historically deep mountain snows in Colorado and elsewhere, lakes Powell and Mead, the two largest reservoirs in the Colorado River system, will see more water flowing in than they have in decades. But because both reservoirs have sunk to less than 30% full, the bountiful runoff wonโt be enough to restore the system.
In the coming weeks, major decisions loom on how to restore the river and to sustain it as climate change and lingering drought continue to sap its flows.
This week, for instance, the Upper Colorado River Commission, which represents the four Upper Basin states, will likely make decisions about which growers will participate in the $125 million SCPP.
Later this summer, the U.S. Bureau of Reclamation will announce how much Lower Basin states will have to cut their water use and which states will take the largest cuts.
Last summer, U.S. Bureau of Reclamation Commissioner Camille Touton ordered the seven states to cut 2 million to 4 million acre-feet of water this year, but negotiations have failed to produce a consensus.
The Upper Basin states, along with Nevada and Arizona, have agreed to a six-point plan that includes the SCPP, as well as a longer-term plan to create a special protected drought pool in Lake Powell, an initiative known as demand management. At the same time, California has offered its own plan that proposed cuts that are largely opposed by Arizona.
The new Colorado task force, if approved, would include West Slope and Front Range water district members, as well as environmental, agricultural and industrial interests.
Brad Wind is general manager of the Berthoud-based Northern Colorado Water Conservation District. It is one of the largest users of Colorado River water on the Front Range, and serves hundreds of farmers and more than a million urban water users.
He said his board wonโt have time to take a formal position on the bill, but he said heโs concerned that it favors West Slope districts over those on the Front Range.
โThere will be a lot more work between now and then [the end of the session],โ Wind said. โItโs going to be a lively discussion.โ
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.
The WEco Water Fluency Program is a professional development course designed for anyone interested in gaining an in-depth understanding of Colorado water management and protection. This includes non-water professionals in leadership roles intersecting with water, as well as water professionals who are newer to the field or the state of Colorado or who want to gain a broader view of the issues beyond their unique niche. Past participants have included elected officials, city/county staff, community and business leaders, special districts staff, board members for water organizations, educators, and more.
Water is critical for every aspect of community vibrancy โ from industry and commerce to agriculture, tourism, health and environment. But it isnโt always clear how water policy and management decisions trickle down to other sectors. Developing tools for navigating water management and policy issues, Water Fluency graduates take the language of water into their fields to lead with new confidence.
Shoshone Falls hydroelectric generation station via USGenWeb. Shoshone hydropower plant has the most senior, large-volume water right on the Colorado mainstem. The bonus for other users is that the water returns to the river after producing electricity.
Two proposed pumped water storage projects that could expand Coloradoโs ability to store renewable energy โ one in Fremont County and another between Hayden and Craig in the Yampa River Valley โ are moving forward.
Colorado will need green energy storage of some type if it is to attain its mid-century goals of 100% renewable energy. Solar and wind power are highly variable and cannot be turned off and on, like coal and natural gas plants are.
So the search is on for ways to build large-scale storage projects to hold the energy wind and solar generate. Lithium-ion batteries are part of the answer and are being rapidly added to supplement wind and solar. But they typically have a short life span, while pumped water storage hydropower projects can operate for decades.
Pumped storage hydro electric.
Pumped water storage has been refined in recent decades but the basic principles remain unchanged. Water is released from a higher reservoir to generate power when electricity is most in demand and expensive. When electricity is plentiful and less expensive, the water is pumped back up to the higher reservoir and stored until it is needed again.
This technology even today is responsible for 93% of energy storage in the United States, according to the U.S. Department of Energy. That includes Cabin Creek, Xcel Energyโs 324-megawatt pumped storage unit near Georgetown. It was installed in 1967.
โThese pumped-storage projects are anathema to the modern way of thinking,โ says Peter Gish, a principal in Ortus Climate Mitigation, the developer of the Fremont County pumped water storage project.
โBut once built and operating, the maintenance costs are very, very low, and the system will last, if properly maintained, a century or longer. The capital investment up front is quite high, but when you run the financial models over 30, 50 or 60 years, this technology is, hands down, the cheapest technology on the market for [energy] storage.โ
Ortus Climate Mitigation wants to build a 500-megawatt pumped water storage facility on the South Slope of Pikes Peak above the town of Penrose in Fremont County. This facility โ essentially a giant battery for energy storage โ would require two reservoirs.
Gish hopes to have a permit from the Federal Energy Regulatory Commission in 2026. Construction would take up to five years after the permit is approved.
In the Yampa Valley, another developer continues to plug away at a potential application for a site somewhere between Hayden and Craig. Still another idea is said to be in formulation in southwestern Colorado, but no details could be gleaned about that project.
Phantom Canyon, as Ortus calls its project in Fremont County, would require 17,000 acre-feet of water for the initial fill of the two reservoirs to be augmented by about 1,500 acre-feet annually due to losses from evaporation.
The company says it has accumulated water rights.
Gish, a co-founder of Ortus, says his company is โkeenly awareโ of water scarcity issues in Colorado and looks into ways to reduce the evaporative loss and hence shave water needs. One option is to place solar panels over the reservoirs, producing energy while shading the water. On a vastly smaller scale, that has been done at the Walden municipal water treatment plant in north-central Colorado.
Unlike an unsuccessful attempt by Xcel in 2021 to build a pumped water storage project in Unaweep Canyon on federal land in Western Colorado, the Ortus project near Pikes Peak would involve only private land. The company has exclusive purchase options for 4,900 acres. It also has secured 12 easements for pipeline access from the lower reservoir to the Arkansas River.
Proximity to water sources matters, and so does the location relative to transmission. Penrose is about 30 miles from both Colorado Springs and Pueblo and major transmission lines.
The company last year laid out the preliminary plans with Fremont County planners and hosted a meeting in Canon City to which environmental groups and others were invited. By then, FERC had issued a preliminary permit which is the start of the permitting process. Gish, who has worked in renewable energy for 25 years, says no potential red flags were noted.
โI have found that the local stakeholders are the first people you need to talk to about a project like this,โ Gish says, โIf you are able to get local support, the rest of the pieces will tend to fall into place. If not, the rest of the process is a much more difficult proposition.โ
In Western Colorado, Xcel faced local opposition but also the more daunting process of permitting for a project on federal land. In the Craig-Hayden area, Matthew Shapiro, a principal in green energy company Gridflex Energy, had been examining sites that are on private land. Work continues on geological assessments and other elements, but he says that a โlot of other pieces need to come together before there is real progress.โ
In addition to having water, that portion of the Yampa Valley also has the advantage of transmission lines erected to dispatch power from the five coal-burning units that are now scheduled to close between 2025 and 2030.
Shapiro hopes to also use Colorado-sourced water to generate electricity in a pumped-storage project on the North Platte River in Wyoming. Gridflex Energy filed for a license application with FERC last week for the project on Seminoe Reservoir.
โVery few projects have made it that far since the turn of the millennium. Itโs a pretty big deal,โ Shapiro said.
Long-time Colorado journalist Allen Best produces an e-journal called Big Pivots and is a frequent contributor to Fresh Water News.
Castle Rock Water Conservation Specialist Rick Schultz, third from the right, inspects and tests a new landscape watering system in Castle Rock, one of many Douglas County communities reliant on the shrinking Denver Aquifer. In a Fresh Water News analysis of water conservation data, Castle Rock leads the state, having reduced its use 12% since 2013. Oct. 21, 2020. Credit: Jerd Smith, Fresh Water News
With the Colorado River crisis deepening and the warming climate continuing to rob streams and rivers of their flows, talk in Colorado has resumed about how to limit growing water demand statewide for residential use.
A new report commissioned by the Common Sense Institute and written by Colorado water veterans Jennifer Gimbel and Eric Kuhn, cites the need for broader conservation measures such as removing non-functional turf in new development, among other things.
โRegional approaches are needed,โ they added in their broad-ranging report. They suggest regional conservancy and conservation districts might be a vehicle in lieu of statewide standards.
Gimbel, a senior scholar at CSUโs Water Center and former director of the Colorado Water Conservation Board, and Kuhn, retired general manager of the Colorado River Water Conservation District, summarized their findings last Friday [January 27, 2023] in a presentation at the Colorado Water Congress Annual Convention. The water congress is a bi-partisan group representing dozens of water users across the state.
โWe have to do more with less,โ said Kuhn. He cited projected statewide population growth of 1.6 to 1.8 million new residents by 2050, most along the Front Range, but also the probability that the warming climate will make less water available, particularly from the Colorado River.
Kuhn warned that deliveries of water from the Colorado River Basin to the Front Range are by no means guaranteed. Several Front Range water providers, including Pueblo, Denver and Northern Water have at least some water rights that are younger, or more junior than those farther downstream in places such as California, and could be vulnerable if mandatory cutbacks ever occurred. Within individual states in the West, older water rights are typically fulfilled before younger water rights during times of scarcity, though itโs yet to be seen how mandatory cutbacks would materialize across the entire Colorado River Basin.
โCurtailment of those junior users is not acceptable at any time in the future,โ said Kuhn.
Earlier during the conference, Colorado Gov. Jared Polis called for a โcomprehensive approach to housing to preserve our water resources.โ He cited multiple benefits for revised land-use policies: reduced traffic, saved money for consumers and โ most important, he added, it โlimits demand on water resources.โ
Polis said the Colorado Water Conservation Board will lead a task force on integrating land use and water demand. This 21-member Urban Landscape Conservation Task Force is to include representatives of 8 water utilities, 2 conservation districts, 2 environmental NGOs, with the balance to come from areas of expertise and interest such as stormwater, equity, and urban planning.
Local control, a basic precept of Coloradoโs form of government, will also likely be an issue. Towns, cities and counties who are authorized to govern themselves in most cases, often resist state control in matters they believe should remain in local hands.
Aurora, if lately a shining light for turf removal and strict water conservation policies, harbors skepticism of any potential statewide mandates. โAurora must retain control of what our city looks like,โ says Greg Baker, Aurora Waterโs spokesman.
Aurora is open to discussion but โit needs to be a proportional discussion,โ says Baker. โWe donโt want to tell agriculture how to use their water, but they account for 85% of water use in this state.โ
In 2014, when Ellen Roberts, then a state senator from Durango, introduced a conservation bill, she found significant opposition.
Roberts said she introduced the bill, which did not pass, to get the conversation going in Colorado about stepped-up conservation programs. โMy concern was that if we waited for that to happen naturally, it might never happen or it would be so slow it would have no meaningful impact,โ she says.
This latest report was designed for the business community, says Gimbel, but with the understanding that it needed to include the water community. โIt was our opportunity to tell the business community โpay attention, because what happens with water is going to affect our economy one way or another.โโ
Allen Bestย grew up in eastern Colorado, where both sets of grandparents were farmers. Best writes about the energy transition in Colorado and beyond atย BigPivots.com.
Readย aboutย the federal role in Colorado water management, including the endangered fish recovery programs,ย and get prepped for the webinar by checking out theย Fall 2022 issue of Headwaters magazine,ย The Federal Nexus.
Photo by Nathan Vargas, U.S. Fish and Wildlife Service
Erie is among 15 Northern Colorado entities participating in the Northern Integrated Supply Project. Water to supply new growth is a key driver of the project. Construction underway in Erie. Dec. 4, 2022. Credit: Jerd Smith, Fresh Water News
Fifteen towns, cities and water districts in northern Colorado hope to begin building two dams and other infrastructure in 2025 to deliver enough water to meet needs for a quarter-million people, many of them along the fast-growing Interstate 25 corridor.
Northern Water, the agency overseeing whatโs known as the Northern Integrated Supply Project (NISP), hailed federal approval of a critical permit last month as a milestone. โThis action is the culmination of nearly 20 years of study, project design and refinement to develop water resources well into the 21st century,โ said Brad Wind, general manager of Northern Water. Wind said that NISP will enable the 15 project members, including Windsor, Erie and Fort Morgan, to grow without buying farmland, then drying it up and using its water for growth.
The environmental group, Save the Poudre, hopes to dash those plans. The nonprofit says it will file a lawsuit in an attempt to block the $2 billion NISP. To succeed, the group will have to overcome precedent. It failed to block Chimney Hollow, the dam that Northern Water is constructing as part of a separate project, in the foothills west of Berthoud whose construction began in 2022 after a three-year court case.
โWe have a much stronger case against NISP because the project would drain a dramatic amount of water out of the Poudre River, which would negatively impact the riverโs ecology, its habitat, and its jurisdictional wetlands โ protected by the Clean Water Act โ all the way through Fort Collins and downstream,โ said Gary Wockner, director of Save The Poudre.
This new court challenge was set up by a U.S. Army Corps of Engineers announcement Dec. 9 that it was issuing a crucial permit under the Clean Water Act. Directors of Northern Water, the overarching agency for the participating jurisdictions, areย scheduledย on Thursday, Jan. 5, to take up whether to accept the terms of the permit. Staff members have advised them to do so.
Northern Integrated Supply Project (NISP) map July 27, 2016 via Northern Water.
The impetus for NISP can be traced to the early 1980s when Northern Water began drawing up plans to dam the Poudre River in the foothills near Fort Collins. Federal agencies balked at Denverโs plans for a similar project on the South Platte River at Two Forks, in the foothills southwest of Denver. Northern shelved its initial plan. But after the scorching drought that began in 2002, Northern developed plans for NISP, which it submitted to federal agencies in 2004.
Two reservoirs are central to NISP. Glade Park, an off-channel reservoir, would be built north of La Porte, bounded by the Dakota hogbacks and a dam that would cross todayโs Highway 287. It would have a capacity of 170,000 acre-feet, slightly larger than the 157,000 acre-feet of Horsetooth Reservoir. Northernโs water rights are relatively junior, dating from the 1980s and would only generate water in spring months during high runoff years.
The project promises delivery via pipeline of 40,000 acre-feet of high-quality water annually to the 11 mostly smaller towns and cities and the 4 water districts. Erie is buying the largest amount of water from the new project, claiming 6,500 acre-feet. An acre-foot equals 326,000 gallons.
The second storage pool, Galeton Reservoir, at 45,000 acre-feet, would impound water northeast of Greeley. Unlike the water from Glade, which is to be strictly dedicated to domestic use, Galeton would hold water that will be delivered to farms in Weld County that otherwise would have received water from the Poudre River. This will be done via a water-rights swap with two ditches north of Greeley. Those agreements have not been finalized.
Preservation of agricultural land, costs of water, and water quality figure prominently in the talking points both for โ and, in some cases, against โ the project.
Northern and its project participants argue that NISP will allow them to grow without drying up farms. It can do so, they say, by delivering the water at a lower cost.
The federal environmental impact statementโs no-action alternative found that population growth would occur regardless of whether a federal permit was issued, said Jeff Stahla, the public information officer for Northern Water. That analysis found that in the absence of NISP, the 15 cities and water districts would look to buy water rights currently devoted to agriculture, ultimately taking 64,000 acres โ or 100 square miles โ out of production.
The 15 utilities will be able to get NISPโs new water at $40,000 per acre-foot, substantially below current market rates for other regional water sources such as the Colorado-Big Thompson Project shares. Those shares, which constitute seven-tenths of an acre-foot, have been selling for about $75,000.
In some cases, expanding cities will take farmland out of production โ and presumably gain access to the water, but not always.
โWe do not want to dry up northern Colorado,โ says John Thornhill, Windsorโs director of community development.
Thornhill said that Windsor, a town of 42,000 with its 20th Century sugar beet factory still standing, is participating in NISP to improve the resiliency of its water portfolio as it prepares for another 10,000 to 15,000 residents in the next 10 to 15 years.
โThe town of Windsor has just as much interest in having a clean, healthy river as anybody else does,โ he says. โ[The Poudre River] goes right through our town.โ
Fort Collins is not participating in the project. In a 2020 resolution, it said it would oppose the proposal or any variant that failed to โaddress the Cityโs fundamental concerns about the quality of its water supply and the effects on the Cache la Poudre River through the city.โ
Water quality will be at the heart of Save the Poudreโs lawsuit against the Army Corps of Engineersโ 404 permit. The groupโs Wockner says the diversion to Glade Reservoir will reduce peak flows in the Poudre, a river already suffering from E. coli and other pollutants, by up to 40%. โThe water quality in the river will worsen because as you take out the peak flows what is left is dirty water,โ he says.
Also at issue, says Wockner, will be the impacts to Fort Collinsโ wastewater treatment. With reduced flows downstream from its two treatment plants, those plants would have to be upgraded.
On the flip side, Fort Morgan got involved partly because of Glade Reservoirโs higher water quality, according to City Manager Brent Nation.
The city of 12,000 historically relied upon aquifer water heavily laden with minerals for its domestic supply. As the aquifer became increasingly tainted by chemicals used in agricultural production, the city, in the late 1990s, began importing water through an 80-mile pipeline from Carter Lake, a reservoir that stores imported Colorado River water southwest of Loveland.
To use aquifer water for its new population growth Fort Morgan would need to upgrade its water treatment system to use reverse osmosis. Thatโs a more expensive treatment that also produces a problem of brine disposal.
Both Fort Morgan and Windsor have started working on land-use regulations that will restrict high-quality water for domestic use, at least in some subdivisions, leaving lower-quality water for landscaping.
If NISP as proposed survives Save the Poudreโs legal challenge, it may still need a 1041 permit from Fort Collins. Those regulations have not yet been adopted, however.
Allen Best grew up in eastern Colorado, where both sets of grandparents were farmers. Best writes about the energy transition in Colorado and beyond at BigPivots.com.