Video opinion: Battle over San Luis Valley water draws in sandhill cranes — The #Colorado Sun

Here’s a guest column from Max Ciaglo that’s running in The Colorado Sun:

Sandhill cranes have been migrating through the San Luis Valley of Colorado for thousands of years. The Rio Grande River likely attracted the first cranes to the Valley, providing the ideal habitat and abundant food resources that they required to complete their migration.

Early settlers brought agriculture to the San Luis Valley with them. To irrigate fields to grow hay, farmers diverted water from rivers onto the land, mimicking natural wetlands and effectively expanding habitat for cranes to thrive. When wheat and barley farming began in the valley in the 1900s, it also provided a high-calorie food resource that buoyed crane populations that were dwindling throughout North America.

Max Ciaglo. Photo credit: Colorado Open Lands

More than 50% of land in the valley is now publicly owned, but over 90% of existing wetlands are on private farmlands. Although these lands and the water on them are managed as part of private business operations, they provide critical habitat for sandhill cranes.

However, we in Colorado relate all too well to the sentiment that “whiskey’s for drinking; water’s for fighting.”

The battles are fought on many fronts: agricultural versus municipal users; rural towns versus urban centers. Water often flows towards money.

Water in Colorado’s rivers and streams is sometimes diverted from one river basin to meet the demands of another. These exports take water from once-productive agricultural lands and dry them up in the process, and the wildlife that depend on these lands are often left out of the discussion entirely.

In the San Luis Valley declining groundwater and extended drought have already left the land thirsty for water. But even now, as Colorado knocks on the door of a third decade of consistent drought conditions, other interests are eyeing water from the valley’s underground aquifer to export to growing cities on the Front Range of Colorado.

Farmers and ranchers across the valley have been working together with partners like Colorado Open Lands and other local coalitions for decades to protect and conserve their water. As they come together once again to fight the threat of water export, they are fighting to make sure that there is a future for agriculture in the Rio Grande Basin. And as long as there is a future for agriculture there will be a future for sandhill cranes.

Max Ciaglo is the Grain for Cranes Fellow at Colorado Open Lands, a statewide land and water conservation nonprofit. The Grain for Cranes program aims to support sandhill crane habitat by supporting agriculture in the San Luis Valley. Find out more at ColoradoOpenLands.org.

Sandhill cranes. Photo: Scott Helfrich/Audubon Photography Awards

2020 #OgallalaAquifer Summit will take place March 31-April 1, 2020 in Amarillo, Texas

Here’s the release from Colorado State University (Jennifer Dimas):

The 2020 Ogallala Aquifer Summit will take place in Amarillo, Texas, from March 31 to April 1, bringing together water management leaders from all eight Ogallala region states: Colorado, Kansas, New Mexico, Nebraska, Oklahoma, Texas, South Dakota and Wyoming. The dynamic, interactive event will focus on encouraging exchange among participants about innovative programs and effective approaches to addressing the region’s significant water-related challenges.

“Tackling Tough Question” is the theme of the event. Workshops and speakers will share and compare responses to questions such as: “What is the value of groundwater to current and future generations?” and “How do locally led actions aimed at addressing water challenges have larger-scale impact?”

“The summit provides a unique opportunity to strengthen collaborations among a diverse range of water-focused stakeholders,” said summit co-chair Meagan Schipanski, an associate professor in the Department of Soil and Crop Sciences at CSU. “Exploring where we have common vision and identifying innovative concepts or practices already being implemented can catalyze additional actions with potential to benefit the aquifer and Ogallala region communities over the short and long term.”

Schipanski co-directs the Ogallala Water Coordinated Agriculture Project (CAP) with Colorado Water Center director and summit co-chair Reagan Waskom, who is also a faculty member in Soil and Crop Sciences. The Ogallala Water CAP, supported by the U.S. Department of Agriculture’s National Institute of Food and Agriculture, has a multi-disciplinary team of 70 people based at 10 institutions in six Ogallala-region states. They are all engaged in collaborative research and outreach for sustaining agriculture and ecosystems in the region.

Some Ogallala Water CAP research and outreach results will be shared at the 2020 Ogallala Summit. The Ogallala Water CAP has led the coordination of the event, in partnership with colleagues at Texas A&M AgriLife, the Kansas Water Office, and the USDA-Agricultural Research Service-funded Ogallala Aquifer Program, with additional support provided by many individuals and organizations from the eight Ogallala states.

The 2020 Summit will highlight several activities and outcomes inspired by or expanded as a result of the 2018 Ogallala Summit. Participants will include producers; irrigation company and commodity group representatives; students and academics; local and state policy makers; groundwater management district leaders; crop consultants; agricultural lenders; state and federal agency staff; and others, including new and returning summit participants.

“Water conservation technologies are helpful, and we need more of them, but human decision-making is the real key to conserving the Ogallala,” said Brent Auvermann, center director at Texas A&M AgriLife Research – Amarillo. “The emergence of voluntary associations among agricultural water users to reduce groundwater use is an encouraging step, and we need to learn from those associations’ experiences with regard to what works, and what doesn’t, and what possibilities exist that don’t require expanding the regulatory state.”

The summit will take place over two half-days, starting at 11 a.m. Central Time (10 a.m. MDT) on Tuesday, March 31 and concluding the next day on Wednesday, April 1 at 2:30 p.m. The event includes a casual evening social on the evening of March 31 that will feature screening of a portion of the film “Rising Water,” by Nebraska filmmaker Becky McMillen, followed by a panel discussion on effective agricultural water-related communications.

Visit the 2020 Ogallala summit webpage to see a detailed agenda, lodging info, and to access online registration. Pre-registration is required, and space is limited. The registration deadline is Saturday, March 21 at midnight Central Time (11 p.m. MDT).

This event is open to credentialed members of the media. Please RSVP to Katie.ingels@kwo.ks.gov or amy.kremen@colostate.edu

The Ogallala aquifer, also referred to as the High Plains aquifer. Source: National Oceanic and Atmospheric Adminstration

#NewMexico: Concern over depletions from the #OgallalaAquifer @nmreport

From The New Mexico Political Report (Kendra Chamberlain):

The Ogallala aquifer is rapidly declining.

The large underground reservoir stretches from Wyoming and the Dakotas to New Mexico, with segments crossing key farmland in Texas, Nebraska, Kansas and Oklahoma. It serves as the main water source for what’s known as the breadbasket of America — an area that contributes at least a fifth of the total annual agricultural harvest in the United States.

The U.S. Geological Survey began warning about the aquifer’s depletion in the 1960s, though the severity of the issue seems to have only recently hit the mainstream. Farmers in places like Kansas are now grappling with the reality of dried up wells.

The Ogallala aquifer, also referred to as the High Plains aquifer. Source: National Oceanic and Atmospheric Adminstration

In New Mexico, the situation is more dire. The portions of the aquifer in eastern New Mexico are shallower than in other agricultural zones, and the water supply is running low.

In 2016, the New Mexico Bureau of Geology and Mineral Resources sent a team to Curry and Roosevelt counties to evaluate the lifespan of the aquifer. The news was not good. Researchers determined some areas of aquifer had just three to five years left before it would run dry given the current usage levels, potentially leaving thousands of residents and farmers without any local water source.

The news left local decision-makers in the region weighing options to balance farmland demand for irrigation and community needs for drinking water while a more permanent solution is put into place.

“There’s no policy in place to provide for that scenario,” David Landsford, who is currently mayor of Clovis and chairman of the Eastern New Mexico Water Utility Authority told NM Political Report.

Climate researchers and hydrogeologists agree these types of water scarcity issues will likely become more commonplace in the southwest and beyond as the climate further warms.

“Climate change, especially in the west and southwest, is already impacting us,” said Stacy Timmons, associate director of hydrogeology programs at the Bureau of Geology and Mineral Resources, at a National Ground Water Association conference in Albuquerque.

“There’s some places where we’re seeing some pretty remarkable declines in water availability that are, in some ways, reflecting climate change,” Timmons said. “You can see, just over the last twenty years, there’s been some pretty significant drought impacts to New Mexico, specifically.”

Timmons has assembled a team to head up a new initiative to help the state better track water use, quality and scarcity. The program revolves around data: aggregating all the water data that’s collected across different sectors, government agencies and research organizations in the state. The idea is that by collecting that data in one central location and making it available to everyone, policy makers will have a better understanding not only of current water resources, but also how to shape water management policies moving forward to reflect that reality.

“There’s a huge shift globally and nationally in how we’re looking at water,” Timmons said. “Here in New Mexico, we are really on the cutting edge of actually accessing some of this technology, and we’re starting to modernize how we manage our water and our water data.”

Water Data Act

New Mexico became only the second state in the country to prioritize water data management in statute when the Legislature passed the Water Data Act in 2019. The legislation garnered support from ranchers, farmers, environmentalists and, ultimately, state lawmakers. It passed both the House and Senate unanimously.

The Water Data Act aims to develop a modern, integrated approach to collecting, sharing and using water data. The act also established a fund to accept both state funds and grants and donations to support improvements to water data collection state-wide.

“It’s a tool in the tool box that’s going to help New Mexico as a whole manage our water,” said Rep. Gail Armstrong, R-Magdalena, one of the bill’s sponsors. “If it’s all kept in one place and is readily available, that becomes a tool for management.”

The program is just now getting off the ground, Timmons said. Part of the work has been to secure additional funding to run the program effectively, after much of the budget appropriation for the initiative was stripped from the legislation in committee.

“We have $110,000 to launch this effort — which is not enough, I will say,” Timmons said, but added that her team was able to leverage that money to receive additional grants and philanthropic funds.

The program will only be as effective as its data is descriptive — and getting all the data into the same place, in the same format, is a challenge. While government agencies and departments, including the USGS, the Interstate Stream Commission, the Office of the State Engineer and the New Mexico Environment Department, all collect and manage water data, they do so in different ways.

“There’s four or five or ten different agencies that have data about one location, but right now we don’t have one unifying way to coordinate all of those data sets,” Timmons said. “Everyone has their own way of managing it.”

And the team is also identifying where there are gaps in water data collection that can be addressed in the future.

“A lot of our rural parts of the state, there’s not a whole lot of data on them,” Timmons said. “There’s huge swaths of land where there are some water resources, there are some people on private domestic wells, and we just don’t have a great deal of information to evaluate what the water resources might be in those areas, or where there’s water quality concerns.”

“There’s very little useful information in the realm of metering of how much groundwater use is happening around the state,” she added.

Her team is working to locate, extract and codify the water data sets from those groups and aggregate that data into one central online database. The team has already set up an initial web portal where anyone can browse the data that’s already been uploaded.

Informing water policy

So how will that data help decision makers?

Timmons said that by better understanding how much water is left in our aquifers, and how that water is being used, communities will be better positioned to make decisions about how to craft water policy as the resource becomes more and more scarce.

“By sharing our data, it’s going to be more easily put towards operational decisions and broader state-wide decision making,” Timmons said. “We’re working over the next several years to bring in additional data providers and start pilot studies to utilize that data.”

Back in eastern New Mexico, communities in and around Clovis, Portales, Cannon Air Force Base and Texico are now tackling how to manage what’s left of Ogallala aquifer while securing a new water source.

The Eastern New Mexico Water Utility Authority broke ground on a project that officials believe will sustain the region and its agricultural demand for water. The plan is to build a pipeline to transport water from the Ute Reservoir north of the area to the water-scarce communities in Curry and Roosevelt counties. The project includes new wells being drilled in segments of the aquifer where there’s more groundwater to help support those communities while the rest of the pipeline is built.

Ute Reservoir Pipeline map via the Eastern New Mexico Water Utility Authority

The $527 million project will take years to complete, but Landsford said he expects portions of the pipeline to be operational and delivering water to customers in the next five to six years.

“It’s a step plan,” Landsford said. “Connect the communities, reserve some water, and then once you have additional groundwater secured in the interim, you can supply groundwater to the customers and spend the rest of the time getting to the reservoir, where the renewable supply is located. That’s the general blueprint for where we’re going.”

That type of thinking is emblematic of what Timmons’ described as a shift towards resiliency among communities and policymakers in the face of climate change and water scarcity.

“I’m beginning to see that there’s a paradigm shift happening, and there’s reason to be optimistic about the future, despite some of the doom and gloom data that we have,” Timmons said at the conference. “There’s really a new shift happening in how we think about water, especially here in the southwest. We acknowledge that, in many places where we’re using groundwater, we’re mining the aquifer. We need to be thinking about how we can increase the flexibility of that, and increase the redundancy in where we have water resources.”

“The term ‘sustainability’ has been used — especially when thinking about groundwater — it’s really out the window now,” she said. “We’re starting to think about it more in terms of resilience.”

Cleanups and health care costs tied to the “forever chemicals” known as #PFAS could reach into the billions. Has DuPont found a way not to pay? — NBC News

From NBC News (Gretchen Morgenson):

…there’s a risk that [Robin Andrews] and other people with illnesses linked to the chemicals could end up with no compensation for their health problems. That’s because a major manufacturer, DuPont, recently unloaded its PFAS obligations to smaller companies that do not have the money to pay for them.

For decades, DuPont manufactured PFAS-type chemicals in a plant close to Andrews’ home in this tiny South Jersey town on marshy land near the Delaware River. Her grandfather and father both worked at the sprawling plant, known as the Chambers Works, which covers 1,400 acres of riverbank in the shadow of the bridge to Delaware.

In 2017, after she developed unexplained high liver enzymes, her well water tested positive for PFAS; she now runs it through a large filtration system in her basement and has it monitored every three months.

DuPont “could have been a great company and a very good thing for this area had they chosen to take care of people and to be responsible with the way they disposed of these toxins,” Andrews told NBC News. “But they weren’t. I believe it was an economic decision to put people at risk.”

Jeff Tittel, senior chapter director of the New Jersey Sierra Club, has watched DuPont’s moves with concern. “They are setting up other companies to take the fall on liabilities that won’t have enough money, so even if people win lawsuits, they will get nothing or very little,” he said.

PFAS are not regulated by the Environmental Protection Agency under the Safe Drinking Water Act and their side effects are still being understood by scientists and the public. In February, the EPA put out a proposal to regulate two of the most common PFAS chemicals found in drinking water and is asking for comment on how to monitor them.

On Wednesday, the EPA disclosed it “has multiple criminal investigations underway concerning PFAS-related pollution.” The agency did not identify the entities being investigated and it could not be determined if DuPont is one of them.

Daniel Turner, reputation and media relations manager for DuPont, said the company had not received an information request from the EPA related to a criminal investigation…

In 2015, as problems associated with PFAS were becoming clearer, DuPont began a series of complex transactions that transformed the company’s structure. As a result of the transactions, responsibility for environmental obligations associated with the chemicals shifted onto other entities.

The first shift by DuPont occurred in 2015, when it assigned the great majority of liabilities associated with PFAS to The Chemours Company, a new entity containing DuPont’s chemicals business that was spun off to its shareholders…

In a statement provided to NBC News, DuPont spokesman Turner denied that the Chemours spin-off was an attempt to evade environmental and legal liabilities associated with PFAS. “The reason for the spin-off,” Turner said, was that DuPont “was seeking to transform itself into a higher growth, higher value company” and “saw more growth opportunities in its other businesses.”

A second spin-off was Corteva Inc., in 2019, an agriculture science company that holds other legacy DuPont operations and some PFAS liabilities.

The third transaction occurred last June when so-called new DuPont was created. Formerly known as DowDupont, its businesses include electronics, transportation and construction. Because of the two other spin-offs, new DuPont is two steps removed from PFAS obligations…

Chemours, with primary responsibility for the estimated tens of billions of dollars in PFAS obligations, does not have anywhere near the money or assets to cover them. Chemours’ net worth — its assets minus liabilities — stood at just $695 million as of Dec. 31, 2019.

If Chemours becomes insolvent, Corteva Inc. will be responsible, corporate filings show. Corteva does not have the funds to cover tens of billions in estimated PFAS costs either. Turner declined to say whether PFAS responsibilities would ultimately revert to DuPont if Chemours and Corteva are unable to pay them. A lawyer for Chemours declined to comment.

Corporate spin-offs like DuPont’s that transfer liabilities associated with problematic businesses are becoming more common, analysts say, especially in the energy and chemical fields.

“You’re seeing it again and again,” said Clark Williams-Derry, an analyst with the Institute for Energy Economics and Financial Analysis. “Spinning off your legacy liabilities into a separate corporation and to some other responsible party appears to be part of the standard playbook in these industries.”

[…]

DuPont is not the only PFAS manufacturer under scrutiny. Another is 3M, headquartered in Minneapolis. Both companies stopped making PFAS over a decade ago. 3M is fighting the suits and says it is cooperating with government investigators.

DuPont and 3M both face lawsuits over problems allegedly linked to PFAS. But DuPont’s shift of its PFAS liabilities to Chemours has drawn its own raft of litigation. In a complaint filed last year against DuPont by Chemours, it contended that the 2015 deal was fraudulent. DuPont knew and intentionally hid the scope of the liabilities when it dumped them into Chemours, the company alleged.

In response, DuPont says Chemours executives were well aware of the PFAS problems at the time of the spin-off and could not have been duped. Next up is the judge’s ruling on oral arguments in the case…

Legal filings allege DuPont knew for decades that PFAS posed a threat to humans…

In early PFAS cases, lawyers for plaintiffs found internal, undisclosed DuPont documents showing toxicity in PFAS. While the company has acknowledged the findings in court filings, it argued that they were either inconclusive or applicable only to employees working with the chemicals, not to people drinking tap water near DuPont facilities.

The New Jersey lawsuit alleges that DuPont began to recognize toxicity in the most common PFAS chemical in the 1960s but did not tell the state or local communities about the problem.

DuPont has not answered the New Jersey complaint but in previous lawsuits, DuPont has denied that it hid PFAS risks. DuPont spokesman Turner declined to say how long DuPont knew about the toxicity of PFAS, but said the company has provided extensive information over the years to the EPA about potential harm related to the chemicals.

The New Jersey suit also says DuPont hid the results of a 1981 blood sampling study of pregnant employees who worked with the chemicals that found one-quarter had children with birth defects…

The potential that shareholders will take on undervalued liabilities is greater in spin-offs, merger experts say. That’s because the kind of in-depth due diligence that a third-party buyer would do to to determine possible liabilities is not typically done by new owners in a spin-off. Those owners are essentially trusting the parent company to be forthcoming about the obligations.

Had DuPont instead sold its legacy chemicals businesses to another company, the buyer would have dug into the obligations associated with its PFAS production prior to the purchase. Any resulting deal would take those potential liabilities into account, resulting in either a lower sale price, an insurance policy or a right by the buyer to recover costs from DuPont later.

Because DuPont’s existing shareholders took on the liabilities in the Chemours and Corteva spin-offs, that detailed assessment was not done. The Chemours lawsuit alleges that DuPont pursued the spin-off so it “could control the transaction structure and economics” after concluding that “no rational buyer” would accept the liabilities associated with PFAS.

DuPont spokesman Turner disputed this, saying that multiple firms submitted proposals to acquire Chemours before the spin-off. He declined to provide specifics about those companies, however, or their bids.

Back in 2015, when DuPont was preparing to spin off Chemours, the parent company made insufficient disclosures about the environmental liabilities to be shouldered by the new shareholders, the Securities and Exchange Commission found. The company had to provide more details, regulatory filings show.

PFAS contamination in the U.S. via ewg.org. [Click the map to go to the website.]

@SenatorBennet Calls on @EPA to Deliver on Promises Made in #PFAS Action Plan

Widefield aquifer via the Colorado Water Institute.

Here’s the release from Senator Bennet’s office:

One Year After EPA Pledged to Act on PFAS Exposure, Key Parts of the Strategy Have Yet to Be Implemented

Today, Colorado U.S. Senator Michael Bennet joined a group of senators in a letter to Environmental Protection Agency (EPA) Administrator Andrew Wheeler requesting he provide an updated timeline for when the EPA will implement commitments made in the agency’s plan to combat exposure to per- and polyfluoroalkyl substances (PFAS). The EPA released its PFAS Action Plan one year ago today and has yet to implement many of the commitments outlined in the strategy. Bennet, who raised concerns about flaws in the EPA’s initial plan, is an author of the PFAS Action Plan of 2019 and has long worked to address contamination issues across Colorado.

“As you are aware, communities across the country are struggling to respond to the widespread issue of PFAS contamination. The human health risks from this class of chemicals, which include birth defects, various forms of cancer, and immune system dysfunction, are still being examined, and the uncertainty has caused great concern among our constituents,” wrote Bennet and the senators in the letter.

The lawmakers went on to underscore that the PFAS Action Plan alone is insufficient to address the full scope and urgency of the problems associated with PFAS exposure, which is why failure to take an initial step to implement this plan is particularly concerning. They also highlighted that the EPA committed to establish federal drinking water standards last year for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most prevalent PFAS chemicals, but have also failed to follow through on that pledge.

In their letter, the senators also addressed other parts of the plan that have not been prioritized, including important remediation efforts to help expedite cleanup of PFAS contamination under the EPA Superfund law.

“Yet, despite then-Administrator Scott Pruitt committing the EPA to designating these materials [PFOA and PFOS] as hazardous substances in May 2018, the EPA has not even sent a proposal to the Office of Management & Budget for interagency review, let alone published it for public comment,” wrote Bennet and his colleagues.

The senators closed their letter with a request that the EPA provide an update on the status of every commitment made in the PFAS Action Plan, as well as an update on the timeline for executing the priorities included in the strategy.

The text of the letter is available HERE.

Bennet has long worked to address the health effects, cleanup, and reimbursement issues associated with PFAS, chemicals used in firefighting foams that have contaminated drinking water sources near military bases across the country, including at Peterson Air Force Base (AFB) in Colorado Springs.

In 2017:

  • Bennet pushed for a nationwide study on the health effects of PFAS and for additional funding for remediation and clean up.
  • Bennet secured $10 million for the nationwide Centers for Disease Control and Prevention (CDC) study in the 2018 omnibus package.
  • Bennet secured an additional $44 million in funding for Air Force environmental restoration and remediation in the 2018 omnibus package. A significant amount of that funding was used for remediation around Peterson AFB in Colorado.
  • Bennet supported a provision in the Fiscal Year 2018 National Defense Authorization Act (NDAA) that required a plan on how the Department of Defense might reimburse state or municipal agencies that expended funds to provide alternative water supplies.
  • In 2018:

  • Bennet wrote to the CDC to ask that the nationwide study include communities in Colorado near Peterson AFB.
  • Bennet visited communities around Peterson AFB to receive an update on remediation efforts. There, Bennet also received an update on the challenges water districts are having receiving reimbursement for steps they took to clean up drinking water.
  • Bennet demanded the Trump Administration (CDC and the Agency for Toxic Substances and Disease Registry (ATSDR)) release the results of a study regarding what levels of certain chemicals are safe in drinking water. According to news reports at the time, the EPA had been working to block the release of results from a Department of Health and Human Services (HHS) study on the toxicity of certain PFAS.
  • Bennet passed an amendment to provide funding for the Department of Defense to reimburse state and municipal water authorities for actions they took to clean up and mitigate PFAS in drinking water. The amendment was included in the Department of Defense-Labor-Health and Human Services-Education Appropriations bill, which passed the Senate in 2018. The provision was not included in the final version of the bill that was signed into law.
  • Bennet wrote to the CDC/ATSDR to voice disappointment that the CDC will not include military and civilian firefighters in its investigations of the human health effects of PFAS contamination pursuant to Section 316 of the FY19 NDAA.
  • In 2019:

  • Bennet and his colleagues introduced the PFAS Action Plan of 2019, legislation that would mandate the EPA, within one year of enactment, declare PFAS as hazardous substances eligible for cleanup funds under the EPA Superfund law, and enable a requirement that polluters undertake or pay for remediation.
  • Bennet introduced an amendment to the NDAA to authorize the U.S. Air Force to reimburse local water districts, like those around Peterson AFB, for actions they took to treat and mitigate PFAS contamination.
  • Following Bennet’s 2018 letter calling on the CDC to include Colorado communities near Peterson AFB in the nationwide study on the health effects of PFAS, Bennet praised the agency’s decision to include these communities.
  • From The Colorado Springs Gazette (Michael Karlik):

    More than 12,000 El Paso County water users have been impacted by the chemical, which tainted the Widefield aquifer.

    In 2016 the EPA lowered its health advisory levels for the compounds, vastly expanding the number of southern El Paso County residents considered at risk for exposure. A subsequent study tied the contamination to the decades-long use of a firefighting foam at Peterson Air Force Base.

    Water districts in the towns of Security, Widefield and Fountain have either tied into uncontaminated water from Colorado Springs Utilities, or installed filtering systems to eliminate the chemicals.

    In the letter, the senators say they believe the agency has not acted quickly enough to make water safe…

    The lawmakers are asking for the EPA to prioritize the establishment of a maximum contamination level for drinking water and to allow cost-recovery for cleanup by labeling PFAS as hazardous substances.

    2020 #OgallalaAquifer Summit in Amarillo, #TX, March 31 – April 1, 2020 — The #Kansas #Water Office

    Here’s the release from the Kansas Water Office (Katie Patterson-Ingels, Amy Kremen):

    8-State Conversation to Highlight Actions & Programs Benefitting the Aquifer, Ag, and Ogallala communities

    The 2020 Ogallala Aquifer Summit will take place in Amarillo, Texas, from March 31 to April 1, bringing together water management leaders from all eight Ogallala region states: Colorado, Kansas, New Mexico, Nebraska, Oklahoma, Texas, South Dakota and Wyoming. The dynamic, interactive event will focus on encouraging exchange among participants about innovative programs and effective approaches being implemented to address the region’s significant water-related challenges.

    “Tackling Tough Questions,” is the theme of the event. Workshops and speakers share and compare responses to questions such as: “What is the value of groundwater to current and future generations” and “how do locally-led actions aimed at addressing water challenges have larger-scale impact?”

    “The summit provides a unique opportunity to strengthen collaborations among a diverse range of water-focused stakeholders,” said summit co-chair Meagan Schipanski, an associate professor in the Department of Soil and Crop Sciences at CSU. “Exploring where we have common vision and identifying innovative concepts or practices already being implemented can catalyze additional actions with potential to benefit the aquifer and Ogallala region communities over the short- and long-term.”

    Schipanski co-directs the Ogallala Water Coordinated Agriculture Project (CAP) with Colorado Water Center director and summit co-chair Reagan Waskom, who is also a faculty member in Soil and Crop Sciences. The Ogallala Water CAP, supported by the U.S. Department of Agriculture’s National Institute of Food and Agriculture, has a multi-disciplinary team of 70 people based at 10 institutions in 6 Ogallala-region states, engaged in collaborative research and outreach aimed at sustaining agriculture and ecosystems in the region.

    Some Ogallala Water CAP research and outreach results will be shared at the 2020 Ogallala Summit. The Ogallala Water CAP has led the coordination of this event, in partnership with colleagues at Texas A&M AgriLife, the Kansas Water Office, and the USDA-Agricultural Research Service-funded Ogallala Aquifer Program, with additional support provided by many other individuals and organizations from the eight Ogallala states.

    The 2020 Summit will highlight several activities and outcomes inspired by or expanded as a result of the 2018 Ogallala Summit. Participants will include producers, irrigation company and commodity group representatives, students and academics, local and state policy makers, groundwater management district leaders, crop consultants, agricultural lenders, state and federal agency staff, and others, including new and returning summit participants.

    “Water conservation technologies are helpful, and we need more of them, but human decision-making is the real key to conserving the Ogallala,” said Brent Auvermann, Center Director at Texas A&M AgriLife Research – Amarillo. “The emergence of voluntary associations among agricultural water users to reduce ground water use is an encouraging step, and we need to learn from those associations’ experiences with regard to what works, and what doesn’t, and what possibilities exist that don’t require expanding the regulatory state.”

    The summit will take place over two half-days, starting at 11:00 a.m. Central Time on Tuesday, March 31 and concluding the next day on Wednesday, April 1 at 2:30 p.m. The event includes a casual evening social on the evening of March 31 that will feature screening of a portion of the film “Rising Water,” by Nebraska filmmaker Becky McMillen, followed by a panel discussion on effective agricultural water-related communications.

    Visit the 2020 Ogallala summit webpage to see a detailed agenda, lodging info, and to access online registration. Pre-registration is required, and space is limited. The registration deadline is Saturday, March 21 at midnight Central Time.

    This event is open to credentialed members of the media. Please RSVP to Katie.ingels@kwo.ks.gov or amy.kremen@colostate.edu.

    Ogallala Aquifer. This map shows changes in Ogallala water levels from the period before the aquifer was tapped to 2015. Declining levels appear in red and orange, and rising levels appear in shades of blue. The darker the color, the greater the change. Gray indicates no significant change. Although water levels have actually risen in some areas, especially Nebraska, water levels are mostly in decline, namely from Kansas southward. Image credit: National Climate Assessment 2018

    >365 statements of opposition so far in Elbert County Denver Basin Aquifer change case

    Denver Basin Aquifer System graphic credit USGS.

    From The Elbert County News (Tabatha Stewart):

    More than 365 parties in Elbert County have filed statements of opposition with the Colorado Water Court, in District 1, against a request by Independence developers to amend the uses for 75 acre-feet of water per year to include domestic, municipal, industrial, commercial, stock watering, fire protection and exchange and augmentation purposes, both on and off the subject property. Original decreed uses are for in-house and irrigation on the subject property.

    A public notice published in the Elbert County News Dec. 19 raised concerns from citizens that developers would be allowed to take water off the property and sell it, and the increased uses would affect the water in their wells, which draw from the Upper Dawson aquifer.

    Elbert County citizens rallied and held public meetings to share information about how to address the concerns, with some expressing mistrust of county commissioners and Craft Companies, the developers of Independence. Concerned residents had until Jan. 31 to file a statement of opposition with the water court, if they felt the change would affect their wells. More than 365 did so, with some residents combining their statements and hiring an attorney, and others filing individually.

    “I’ve entered about 365 parties so far, and I’m not done,” said water court clerk Connie Coppes on Feb. 3.

    Jill Duvall, who helped organize the public meetings, said residents have filed out of a need for self-preservation, since the majority of residents in Elbert County rely on well water.

    “More than 90 percent of us out here are on wells. If they run dry we’re done,” said Duvall. “I think the main concern for all of us is them taking the water off the property. And we would like to see them take the water from the lower aquifers for construction.”

    The water in question comes from five bedrock aquifers in the Denver Basin aquifer system, with Upper and Lower Dawson being in Elbert County. Other aquifers include Denver, Arapahoe and Laramie-Fox Hills, all of which have their eastern extent in Elbert County.

    Susan Schick, a member of Independence Water Warriors, agreed that the potential to take water off site is a big concern, but also said many don’t trust county commissioners to stop it from happening if the time comes.

    “Primarily we don’t want the water to go off site,” said Schick. “The county commissioners have confirmed that a public hearing would be needed before that could happen, but we don’t trust that they would respect the wishes of the public if that time came. I don’t think our commissioners are planning for those of us who are already out here.”

    Commissioner Chris Richardson has maintained that no water will ever leave the county.

    “Bottom line is that there is to be no transfer of water out of the county, and any use/sale off the development but within the county can only be approved in a public hearing with the BOCC,” Richardson stated in a previous interview.

    With so many statements of opposition filed with the water court, it could be quite a while before Craft’s request for a water amendment could be approved, or denied…

    Craft representatives have expressed a willingness to speak with concerned citizens, both during public meetings and in previous Elbert County News stories. They issued this statement regarding the filing of statements of opposition.

    “We have repeatedly offered to answer any questions regarding the Upper Dawson amendment by listing our outreach representative’s contact information (Peter Wall) on social media and in two local community articles (Elbert County News and Ranchland News). To date, our representative has not received a single inquiry from those opposing this amendment. As we’ve stated, we used standard language in the Upper Dawson amendment — language that is well within our rights. In fact, the language we used is the same language that has also been used in many of our opposers’ decrees.