17 #Colorado water, #drought projects in limbo after Trump halts spending from Biden-era law — Shannon Mullane (Fresh Water News)

Dillon Reservoir is Denver Water’s largest reservoir. It sends water to the Front Range via the 23-mile-long Roberts Tunnel under the Continental Divide. Photo credit: Denver Water.

Click the link to read the article on the Water Education Colorado website (Shannon Mullane):

January 23, 2024

On Friday, in the last hours of the Biden administration, the U.S. Bureau of Reclamation announced it would spend $388.3 million for environmental projects in Colorado and three other Colorado River Basin states.

Now that funding is in limbo.

The money was set to come from a Biden-era law, the Inflation Reduction Act. On Monday, President Donald Trump ordered federal agencies to halt spending money under the act. Lawmakers were still trying to understand whether the freeze applied to the entire Inflation Reduction Act or portions of it as of Wednesday afternoon.

Shoshone Falls hydroelectric generation station via USGenWeb

The new executive order focused on energy spending but also raised questions about funding for environmental projects in the Colorado River Basin, including $40 million for western Colorado’s effort to buy powerful water rights tied to Shoshone Power Plant on the Colorado River and 16 other projects in Colorado.

Past regulations have been burdensome and impeded the development of the country’s energy resources, according to the executive order.

“It is thus in the national interest to unleash America’s affordable and reliable energy and natural resources,” the order said. “This will restore American prosperity — including for those men and women who have been forgotten by our economy in recent years.”

The president issued dozens of executive actions within hours of his inauguration, including rescinding 78 of former President Joe Biden’s executive actions.

Where spending is stalled, federal agencies will have 90 days to review their funding processes to make sure they align with the Trump administration’s policies.

For now, the future is unsure for 42 environmental projects in four states — Colorado, New Mexico, Utah and Wyoming.

Environmental efforts for the Colorado River

The proposed projects focus on improving habitats, ecological stability and resilience against drought in the Colorado River Basin, where prolonged drought and overuse have cast uncertainty over the future water supply for 40 million people. Reclamation also awarded $100 million for Colorado River environmental projects in Arizona, California and Nevada.

Coloradans were promised up to about $135 million from the Inflation Reduction Act as part of the Upper Basin Environmental Drought Mitigation Program. It’s one of many buckets that have distributed money from the act to Colorado.

This map shows the 15-mile reach of the Colorado River near Grand Junction, home to four species of endangered fish. Map credit: CWCB

With the funding, people around the state hope to upgrade infrastructure to help protect 15 miles of key habitat near Grand Junction for endangered species on the Colorado River. They want to improve aquatic habitats along rivers in Grand County, where low flows threaten fish and aquatic life, and restore ancient, water- and carbon-storing fens.

“It wasn’t surprising, but we still need to wait to see how it gets interpreted, and what it’s going to apply to or not apply to,” said Steve Wolff, general manager of the Southwestern Water Conservation District. The district joined with local partners to apply for funding for 17 projects in southwestern Colorado and was awarded $25.6 million.

“We would all be very disappointed if any of this money was removed,” Wolff said. “These funds are really bipartisan and are meant to get put on the ground and do good work.”

The town of Silverton, Colorado, USA as seen from U.S. Route 550. By Daniel Schwen – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=10935432

One of those projects aims to restore ancient fens along Highway 550, known as the Million Dollar Highway, between Silverton and Ouray in southwestern Colorado.

These fens, between 6,000 and 14,000 years old, naturally store carbon and slow runoff from the mountains, helping to maintain flows into the summer when water runs low and demand outpaces supply. Drought, a history of mining, and human impacts in the area have degraded the fen ecosystems over time, said Jake Kurzweil, a hydrologist with Mountain Studies Institute in southwestern Colorado.

The project managers want to hire locally to help the rural economy. And the work would help restore river ecosystems where they begin — at their headwaters — if the funding actually comes through.

“Until there’s a contract in place, we won’t be including it in our budgets,” Kurzweil said. “We’re optimistically hopeful, but not counting our chickens before they hatch.”

Of the 42 Upper Colorado River projects awarded funds from the Inflation Reduction Act, 17 projects would include work in Colorado:

San Juan River Basin. Graphic credit Wikipedia.
  • Southern Ute Indian Tribe’s Pine River Environment Drought Mitigation Project: Up to $16.7 million: The funding would improve the health of the Pine River watershed, fish passage, deteriorating infrastructure, and water quality while addressing drought impacts.
Shoshone Hydroelectric Plant back in the days before I-70 via Aspen Journalism
  • Shoshone Water Rights Preservation Project: Up to $40 million: The funding would go toward the $99 million purchase of the Shoshone Power Plant’s water rights by the Colorado River Water Conservation District. The district says it will protect future water supplies for ecosystems, farms, ranches, communities and recreational businesses.
The Dolores River shows us what’s at stake in the fight to protect the American West — Conservation Colorado
  • Addressing Drought Mitigation in Southwestern Colorado: Up to $25.6 million: The funding would support 17 projects in the Dolores and San Juan river basins in southwestern Colorado. The projects aim to restore ecosystems and enhance biodiversity and water resources while supporting local communities and endangered species.
Tomichi Creek, a tributary of the Gunnison River, runs through the Peterson Ranch property. The Colorado Water Conservation Board holds an instream flow water right for 18 cfs on the creek in this stretch. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
  • Grand Mesa and Upper Gunnison Watershed Resiliency and Aquatic Connectivity Project: Up to $24.3 million: The funding would restore watersheds to combat drought impacts to water quality and habitat in western Colorado.
Orchard Mesa circa 1911
  • Orchard Mesa Irrigation District Conveyance Upgrades for 15-Mile Reach Flow Enhancement: Up to $10.5 million: The funding would convert open canals into pressurized pipelines, improving water delivery efficiency and reducing environmental stressors. This upgrade aims to support endangered fish species by enhancing streamflow in a critical stretch of the Colorado River.
A man fishes along Blue River. The federal government Dec. 19, 2023, announced a $1.8 million grant for a habitat restoration on a section of the Blue River. Blue River Watershed Group/Courtesy photo
  • Enhancing Aquatic Habitat in Colorado River Headwaters: Up to $7 million: The funding would restore stream habitats along the Fraser, Blue and Colorado rivers in Grand County through channel shaping and bank stabilization.
Coyote Gulch on the Yampa River Core Trail August 24, 2022.
  • Yampa River/Walton Creek Confluence Restoration Project: Up to $5 million: The funding would restore river and floodplain habitat around Steamboat Springs.
Yellow-billed cuckoos have nearly been extirpated from the western U.S. Photo courtesy Rocky Mountain Bird Observatory.
  • Drought Resiliency on Western Colorado Conserved Lands: Up to $4.6 million: The funding would help improve wetlands, floodplains, erosion control structures and habitat for at-risk species like the yellow-billed cuckoo and Gunnison sage-grouse.
The Colorado River, which feeds into Lake Powell, begins its 1,450-mile journey in Rocky Mountain National Park near Grand Lake, Colorado. Denver Water gets half of its water from tributaries that feed into the Colorado River. Some of these tributaries include the Fraser River in Grand County and the Blue River in Summit County. Photo credit: Denver Water
  • Upper Colorado Basin Aquatic Organism Passage Program: Up to $4.2 million: The funding would restore stream habitat in Grand County to improve biodiversity, habitats, fish passage and drought resilience.
Palisade peach orchard
  • Conversion of Wastewater Lagoons into Wetlands: Up to $3 million: The funding would turn outdated sewer lagoons into wetlands to improve biodiversity and habitat for migratory waterfowl and endangered fish species in Palisade.
Fruita Reservoir #2 Dam Removal & Comprehensive Environmental Restoration. Photo credit: SGM
  • Fruita Reservoir Dam Removal: Up to $2.8 million: The funding would remove a dam on Piñon Mesa to restore wetlands, habitat and biodiversity.
Beaver dam analog. Photo: Juliet Grable
  • Monitoring and Quantifying the Effectiveness of Beaver Dam Analogs on Drought Influenced Streams in the Upper Colorado River Basin: Up to $1.9 million: The funding would restore degraded headwater meadows by implementing structures that mimic the natural functions of beaver dams.
Uncompahgre River Valley looking south
  • Uncompahgre Tailwater Rehabilitation Project: Up to $1.8 million: The funding would stabilize stream banks, restore aging infrastructure and improve the river habitat to help with ecological health and recreational opportunities.
Photo credit: Town of Gypsum
  • Eagle River Habitat Improvement, Gypsum Ponds State Wildlife Area: Up to $1.5 million: The funding would improve fish habitat and water quality along the Eagle River in Eagle County.
Bicycling the Colorado National Monument, Grand Valley in the distance via Colorado.com
  • Orchard Mesa and Grand Valley Metering Efficiency Project: Up to $1.5 million: The funding would improve water management in the Grand Valley through the installation of advanced metering technology and real-time remote monitoring systems.
Biologists say federal target numbers are too low to ensure recovery of the Gunnison sage-grouse, which is listed as threatened under the Endangered Species Act. The bird’s largest population is in the Gunnison basin. Photo credit: Colorado Parks and Wildlife.
  • Habitat Restoration in the Gunnison Basin: Up to $750,000:  The funding would use low-tech restoration structures to restore habitat for the endangered Gunnison sage-grouse in the Gunnison River Basin.
Toxic-algae blooms appeared in Steamboat Lake summer of 2020. The lake shut down for two weeks after harmful levels of a toxin produced by the blue-green algae were found in the water. As climate change continues, toxic blooms and summer shutdowns of lakes are predicted to become more common. Photo credit: Julie Arington/Aspen Journalism
  • Cyanobacteria Monitoring and Treatment for Drought-driven Blooms in a High Elevation, Upper Colorado Reservoir to save Ecosystem Function: Up to $518,000: The funding would use real-time water quality monitoring tools and targeted treatments to combat algal blooms and restore aquatic health at Williams Fork Reservoir.

More by Shannon Mullane

The American Oil Industry’s Playbook, Illustrated: How Drillers Offload Costly Cleanup Onto the Public — Mark Olalde, illustrations by Peter Arkle (ProPublica.org) #ActOnClimate

Abandoned gas well located in Lower Rio Grande Valley National Wildlife Refuge. By Hillebrand, Steve, USFWS – https://digitalmedia.fws.gov/digital/collection/natdiglib/id/13540/rec/9, Public Domain, https://commons.wikimedia.org/w/index.php?curid=113189594

Click the link to read the article on the ProPublica website:

by Mark Olalde, illustrations by Peter Arkle, special to ProPublica

December 30, 2024

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: Unplugged:Will Taxpayers Foot the Oil Industry’s Cleanup Bill?

More in this series

In December 1990, officials in the federal agency tasked with regulating offshore oil and gas drilling received a memo with a dire warning: America faced a ticking time bomb of environmental liability from unplugged oil and gas wells, wrote the agency’s chief of staff. Those wells and their costly cleanup obligations were being concentrated in the hands of cash-strapped drillers at the same time as production was shrinking. (The document, unearthed by public interest watchdog organization Documented, was shared with ProPublica and Capital & Main.)

More than three decades later, little action has been taken to heed that warning, and the time bomb is threatening to explode.

More than 2 million oil and gas wells sit unplugged across the country. Many leak contaminants like brine, methane and benzene into waterways, farmland and neighborhoods. The industry has already left hundreds of thousands of old wells as orphans, meaning companies walked away, leaving taxpayers, government agencies or other drillers on the hook for cleanup.

America’s oil fields are increasingly split between a small number of wells producing record profits and everything else. Researchers estimate roughly 90% of wells are already dead or barely producing.

Consider the Permian Basin, the world’s most productive oil field, stretching from West Texas across southeastern New Mexico.

“The Permian is the oil patch’s Alamo — that’s where it’s retreating to,” Regan Boychuk, a Canadian oil cleanup researcher, said of the oil industry. “That’s their last stand.”

Even here, many wells sit idle and in disrepair. It’s time to plug them, according to a growing chorus of researchers, environmentalists and industry representatives.

The question of who pays for cleanup remains unanswered. Time and again, oil companies have offloaded their oldest wells. Their tactics are not written down in one place or peddled by a single law firm — but companies follow an unmistakable pattern. The strategy, which is legal if followed properly, has become such a tried-and-true endeavor that researchers and environmentalists dubbed it “the playbook.”

Clark Williams-Derry, an analyst with clean-energy-focused think tank the Institute for Energy Economics and Financial Analysis, studies fossil fuel companies’ cleanup costs. “There’s almost a cheerleading squad for shedding your liabilities, like a snake sheds its skin and just slithers away,” he said.

Should you want to become an oil executive and try this strategy yourself, here’s how it works …

As you launch your business, begin by collecting subsidies, tax breaks and other incentives from the government to guarantee you can pump oil and gas profitably. Globally, fossil fuel subsidies total in the trillions each year, according to organizations such as the International Monetary Fund.

Next, start pumping and profiting.

As you set up your business, create layers of shell companies. Down the road, they’ll provide a firewall between you and your liabilities — key among them, cleanup costs.

Once oil and gas production slows, sell low-producing wells. Smaller drillers operating on thinner margins, known in the business as “scavenger companies,” will be happy to take them off your hands.

Rinse and repeat by selling wells as their profits slow to a trickle. They’ll be sold again to ever-smaller companies that teeter on the edge of insolvency. Maintenance and environmental stewardship will usually fall by the wayside as companies eke out a profit. Studies show that the number of environmental violations rises as wells pass to less-capitalized drillers. But these wells aren’t your problem any longer.

Pull any remaining profits before regulators hit you with violations and fines for your remaining wells that aren’t pumping and may be leaking.

Then, idle the wells — pausing production, but not plugging them or cleaning up — and walk away. Regulators are typically tasked with ensuring that as much oil as possible is pumped out of the ground, so rules allow wells to sit idle, instead of being plugged, in case prices surge and it becomes profitable to restart them. However, a study in California found that, after wells are inactive for only 10 months, there’s a 50-50 chance they will never produce again.

Regulators will likely grow tired of asking you to clean up your wells, but you can make the case for leaving them unplugged for now. Pitch grand plans, as other drillers have — maybe repurposing the wells for bitcoin mining, carbon sequestration or the synthesis of hydrogen fuel — that require the wells to remain open.

When regulators’ patience has reached its limit, remind them what will happen if they come down hard on you. Fines or other extra costs could force your business into bankruptcy, leaving your unplugged wells as orphans and taxpayers on the hook. Ask them if they want to be responsible for that catastrophe.

“The root of the problem is there’s no regulator of the oil industry across North America,” Boychuk said, adding that “the rule of law has never applied to oil and gas.”

When regulators finally act, declare bankruptcy. The Bankruptcy Code is meant to protect businesspeople like you who took risks. More than 250 oil and gas operators in the U.S. filed for bankruptcy protection between 2015 and 2021, according to law firm Haynes Boone. (Industry groups estimate there are several thousand oil companies in the country.)

Regulators only require oil and gas companies to set aside tiny bonds that act like a security deposit on an apartment. Because you didn’t clean up your wells, you’ll lose that money, but it’s a fraction of the profits you’ve banked or the cost of the cleanup work. ProPublica and Capital & Main found that bonds typically equal less than 2% of actual cleanup costs.

And as you finalize your exit, the labyrinth of shell corporations you set up should act as corporate law intends, protecting you from future responsibility. Such companies, little more than stacks of paper, will be responsible for your liabilities, not you. Even if regulators know who is behind a company, it becomes increasingly difficult to penetrate each layer of a business to go after individual executives.

“It’s the essence of corporate law,” Williams-Derry said.

Now that you’ve offloaded your wells, you’re free to start fresh — launch a new oil company and buy some of your old wells for pennies on the dollar, a proven option. Maybe you leave oil entirely — that’s also tried-and-true. Or become a vintner and open a winery just down the road from the wells you left as orphans — you wouldn’t be the first.

For its part, the oil industry downplays the so-called playbook and the country’s orphan well epidemic. “There’s a general trend, which is there are very few orphan wells,” said Kathleen Sgamma, who has been among oil companies’ most vocal proponents as president of the Western Energy Alliance, an industry trade group. Plus, she said, companies’ bonds and states’ orphan well funds help pay for plugging.

But those tasked with addressing the reality of the country’s orphan wells disagree. “We have a welfare system for oil and gas. I hope you understand that,” said New Mexico Commissioner of Public Lands Stephanie Garcia Richard, who oversees the state’s public lands. New Mexico has already documented more than 1,700 orphan wells across the state. “We have oil and gas welfare queens.”

In New Mexico, Garcia Richard is trying to hold accountable one of the myriad drillers that have followed key steps in the playbook, the oil company known as Siana.

Siana is made up of two related entities — Siana Oil and Gas Co. LLC and Siana Operating LLC — based in Midland and Conroe, Texas. The company operated 11 wells in southeastern New Mexico in the heart of the Permian Basin.

In reality, Siana is the corporate shield for a man named Tom Ragsdale. After he aggregated his few wells, he generated cash through a trickle of oil and gas production and set up a business injecting other companies’ wastewater into his wells to dispose of it. But the state worried that Ragsdale’s operations were polluting the environment and that he was refusing to pay royalties and rental fees he owed the state, according to State Land Office staff.

Ragsdale did not respond to repeated requests for comment from ProPublica and Capital & Main. He also did not appear for a pretrial conference after the state brought legal action against Siana, court records show, and a state court judge ruled against his companies.

Siana was responsible for at least 16 spills, according to New Mexico Oil Conservation Division data, mainly spilling what’s called produced water, a briny wastewater that comes to the surface alongside oil and gas. “Corrosion” and “Equipment Failure” were among the causes.

The State Land Office hired an engineering firm to study the damage. The firm produced a damning 201-page report in 2018, finding oil and salt contamination exceeding state limits at Siana’s most polluted site. At high enough levels, these substances can kill plants, harm wildlife and impact human health.

The State Land Office estimated that cleaning up that site alone would cost about $1 million.

In 2020, New Mexico won a judgment against Ragsdale’s companies that, with interest, is now worth more than $3.5 million. But it won’t cover the cleanup cost. Between a small bond and the judgment, the state has been able to recover a mere $50,000 or so from Siana and related entities.

When the state tried to collect the rest, Ragsdale placed Siana Oil and Gas in bankruptcy protection in June 2023. Although he listed the company as having millions in assets at the time of the bankruptcy, the company had only $20,500 in a bank account. Court records show Siana is responsible for between $1 million and $10 million in liabilities, including money owed to the state of New Mexico, other oil companies, various counties and others.

Stickers plastered around Siana’s drill sites — on which the company’s name is misspelled — provide phone numbers to call in case of leaks or other emergencies. None went to Ragsdale or Siana employees. A man named William Dean answered one number. He owned a local oil field services company called Dean’s Pumping that was contracted to work on Siana’s wells, but Ragsdale stopped paying its bills, ultimately owing his company tens of thousands of dollars, Dean said.

“He was trying to half-ass things,” Dean said of Ragsdale. “I don’t know what happened to Tom.”

Siana’s bankruptcy case is ongoing, but Ragsdale has been largely unresponsive even in those proceedings.

Siana is, Garcia Richard said, “an exemplar of how our system has failed.” Although he was very nearly free of his old wells, Ragsdale flouted the playbook and ignored the bankruptcy judge’s demands that he participate in the case. In an unusual move, the judge in late September issued a warrant for Ragsdale’s arrest to compel him to hand over certain data. The U.S. Marshals Service was investigating Ragsdale’s whereabouts but had not taken him into custody as of mid-December, according to an agency representative.

The day after the judge issued the arrest warrant, the bankruptcy trustee filed a complaint alleging Ragsdale had committed fraud, siphoning about $2.4 million from Siana to purchase real estate in Houston.

That money could have gone toward cleaning up the mess left to New Mexico taxpayers.

ProPublica and Capital & Main visited Siana’s 11 wells in late 2023. At one drill site, methane leaked from a wellhead that had also stained the surrounding land black from spilled oil. The air was sour with the smell of toxic hydrogen sulfide. A nearby tank that held oil for processing was rusted through. Another had leaked an unidentified liquid. There appeared to be hoofprints where cattle had tracked through the polluted mud.

ProPublica and Capital & Main found oil spills at multiple Siana wells. At others, the idle pump jacks stood silent — corroded skeletons at the end of the line, the detritus of another run through the playbook.

Efforts to reform the system that has shielded oil companies from liability have been haphazard. When the federal government rewrote its rule setting bond levels on federal public land earlier this year, a simple math error meant the government would ask oil companies to set aside around $400 million less in bonds than it would’ve otherwise. And when states have tried to pass reforms, they’ve been stymied by state legislators’ and regulators’ chummy relationships with the industry.

As an ever-greater share of wells go offline and the economy transitions to cleaner forms of energy, policymakers face a choice: Do they focus attention on propping up or cleaning up the industry?

Sgamma of the Western Energy Alliance gives voice to one path forward. “Any time a well goes into an orphan status, it’s not a good thing,” Sgamma said, yet her group has been instrumental in killing efforts to address the orphan well epidemic and the oil industry’s contributions to climate change. Her organization is suing to halt the federal rule that sought to bring bonding levels closer to true plugging costs.

Sgamma co-authored the energy section of Project 2025, the conservative policy paper with deep ties to the first Trump administration that lays out policy priorities for a conservative White House. The plan would “Stop the war on oil and natural gas,” reopen undeveloped habitat from Alaska to Colorado for drilling, increase the number of sales for oil leases on public lands and shrink federal environmental agencies. President-elect Donald Trump has repeatedly indicated this closely aligns with his vision for pumping America’s “liquid gold.” He has begun staffing his administration with pro-oil and gas figures.

The future for which Sgamma is fighting sees a resilient American oil and gas industry, able to “take a lot of punches” while continuing to grow unabated.

Or there’s the future Garcia Richard, who oversees New Mexico’s public land, envisions. She has paused the leasing of public land to drillers until the Legislature forces oil companies to pay state taxpayers higher royalties that reflect fair market rates. She directed her staff to aggressively pursue companies like Siana. And her office is preparing to raise required bonding levels. As she talked about this work, she held up the literal rubber stamp that imparts the State Land Office’s seal on documents, suggesting that’s not how business is done anymore. She also held up a small notebook where she tracks the numerous companies her office is pursuing for polluting the state’s land and water.

In her future, Garcia Richard said, oil drillers wouldn’t behave like Siana and Ragsdale. “A good-acting company is a company that understands there’s a cost of doing business that shouldn’t be borne by the landowner, shouldn’t be borne by the taxpayers,” she said. But in the modern American oil industry, she added, the playbook and the still-burning fuse of the cleanup time bomb represent little more than “Wild West behavior.”

$24.97 million to support #RioGrande headwaters conservation projects: Federal funding comes in final days of Biden Administration; will support restoration efforts in #Colorado and #NewMexico — #Alamosa Citizen

Rio Grande, looking south near Cole Park. The Alamosa Riverfront Project is among several that received funding last week under the 2022 Inflation Reduction Act. Credit: The Citizen

Click the link to read the article on the Alamosa Citizen website:

January 20, 2025

Conservationists focused on the Rio Grande Basin signal it as an initial win in a battle for federal dollars to address the impacts of drought and the need for a sustainable water supply.

They’ve seen how the federal government has kicked into gear to address the same issues on the Colorado River Basin, and have wondered why the Rio Grande Basin largely has been ignored.

Until now. 

The U.S. Department of Interior and Bureau of Reclamation announced last week in the final days of the Biden Administration a $24.97 million award to support water conservation and habitat restoration efforts in the headwaters of the Rio Grande.

It’s a drop in the bucket compared to the billions that have been awarded to projects on the Colorado River, but it’s a start.

“Today’s announcement provides a critical down payment that will make the headwaters of the Rio Grande better prepared to handle the ongoing impacts of drought, while supporting state and local efforts to sustainably manage water supplies for future generations,” said Alexander Funk, Director of Water Resources, Theodore Roosevelt Conservation Partnership.

The money came through the 2022 Inflation Reduction Act (IRA) and was among the final announcements by the Biden Administration of funding awarded through the federal legislation. 

The significance of that is nobody in the agriculture, conservation, and water world knows if the incoming Trump Administration will carry on with the Inflation Reduction Act, or if that particular federal legislation and the $369 billion approved by Congress falls to the wayside.

“We’re shocked we got anything,” said Amber Pacheco of the Rio Grande Water Conservation District and member of the Rio Grande Basin Roundtable. She described a rush at the end to send to the Bureau of Reclamation “shovel-ready” projects that could earn IRA funding.

“It was a ‘quick overnight, send some projects that we can fund,’” said Pacheco.

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

Out of the award comes funding for a variety of projects in the San Luis Valley as well projects for the middle Rio Grande in New Mexico. Overall, $18 million will go toward Rio Grande Basin projects in Colorado and $7 million for Rio Grande restoration efforts in New Mexico.

The San Luis Valley and Conejos Water Conservancy Districts, the Rio Grande Water Conservation District and the Rio Grande National Forest in southern Colorado are among the eight recipients selected under one cooperative agreement to receive $24.9 million for several drought resiliency activities in the Upper Rio Grande Basin, the Bureau of Reclamation said in announcing the money.

For the Valley, those projects will include the Alamosa Riverfront Restoration project; Rio Grande Reservoir Low Flow Valve; Pine River Weminuche Pass Ditch Turnback Structure; Lower Conejos River Restoration Project; Platoro Reservoir Restoration and Wildfire Risk Mitigation Project – Phase 1; Saguache Creek Multi-benefit Restoration at Upper Crossing Station; and Rio Grande Confluence Restoration Project, among others.

“This announcement shows that when Colorado and New Mexico work together, big things can help that benefit fish and wildlife, support local economies, and tackle some of the region’s most pressing water challenges,” said Funk.

“The Rio Grande is the underpinning that supports the economic and ecological health of the region. This funding allows conservation partners to critically address and relieve the challenges this habitat and community have experienced from long-term drought and sustainability insecurity,” said Tracy Stephens, senior specialist for riparian connectivity at The National Wildlife Federation. “We applaud the Bureau of Reclamation’s investment and recognition of the importance of riparian health and habitat connectivity. This funding is an important step forward in a collective effort to achieve well-connected and functional riparian corridors to protect the wellbeing of people, plants, and wildlife in the Upper Rio Grande.”

Screen shot from the Vimeo film, “Rio Grande Headwaters Restoration Project: Five Ditches,” https://vimeo.com/364411112

Water-short #RepublicanRiver Basin hits farm dry-up milestone, as #Kansas looks on — Jerd Smith (Fresh Water News)

Republican River in Colorado January 2023 near the Nebraska border. Photo credit: Allen Best/Big Pivots

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

January 16, 2025

Farm communities on the Eastern Plains, under the gun to deliver water to Kansas and Nebraska, are poised to permanently retire 17,000 acres of land, with the help of $30 million in state and federal funding.

Creating a balance of water that’s taken from aquifers and water that replenishes aquifers is an important aspect of making sure water will be available when it’s needed. Image from “Getting down to facts: A Visual Guide to Water in the Pinal Active Management Area,” courtesy of Ashley Hullinger and the University of Arizona Water Resources Research Center

From Wray, to Yuma to Burlington, growers are being paid to permanently shut off irrigation wells linked to the Republican River to ensure the vital waterway can deliver enough water to neighbors to the east, as required under the Republican River Compact of 1943.

As of this month, ranchers had already retired 10,000 acres under the program, and the rest will be set aside in coming months.

By 2029, the region must retire an additional 8,000 acres, as required under a compact resolution signed in 2016, for a total of 25,000 acres, according to Deb Daniel, general manager of the Republican River Water Conservation District, which is overseeing the initiative.  This is occurring in an area on the south fork of the river.

According to Colorado State University it is one of the largest dry-ups of irrigated agricultural lands in the West.

The dry-up has allowed Colorado to meet a critical deadline with Kansas, demonstrating that it was making progress on the goal.

Colorado’s Republican River Basin. Credit: State of Colorado.

“We did it,” said Daniel. But more work remains. 

The 2022 funding came under the American Rescue Plan Act, the COVID-relief program that Congress approved giving states hundreds of millions of dollars to buffer the effects of the pandemic.

Through that program, Colorado lawmakers approved $30 million to the Republican and $30 million to the Rio Grande Basin as well for a similar program.

This year, the Republican Basin will receive another $6 million in state funding to continue paying farmers to permanently shut off wells.

“Agriculture is the economic driver for the northeastern counties of Colorado. This is a difficult situation for the producers,” said Jason Ullmann, state engineer with the Colorado Division of Water Resources. “I know this work hasn’t been easy, and more must be done. I applaud the Republican River Water Conservation District for their major efforts to reach this deadline,” he said in a statement.

A new analysis shows a nearly 30% decline in Colorado’s irrigated lands in the last 25 years, driven in part by the state’s legal obligations to deliver water across state boundaries, as in the Republican Basin. Other factors include declining river flows due to climate change and drought, and the dry-up of farmlands by fast-growing cities.

Daniel said water officials hope they can continue to pay farmers to permanently retire land and to do so in a way that doesn’t cripple the regional economy.

“We need time to let these communities adjust, to adapt to having less irrigated agriculture. As these wells go down, our communities are adjusting, but most of the time, unless they have other industries, the communities just go away,” Daniel said.

More by Jerd Smith

More than 9,000 Landsat images provide vegetation health metrics for the Republican River Basin. Credit: David Hyndman

EPA takes unprecedented step to remove uranium waste from the Navajo Nation: The decision opens the door for new ways to manage uranium pollution on tribal land — Natalia Mesa (High Country News)

Red Water Pond Road Community leader, Larry King, addresses plans to relocate the Quivera Mine Waste Pile that is located about 1,000 feet from the closest residence. Shayla Blatchford

Click the link to read the article on the High Country News website (Natalia Mesa):

January 17, 2025

As a child, herding her grandmother’s sheep, Teracita Keyanna unknowingly wandered onto land contaminated with radioactive waste from three abandoned uranium mine and mill waste sites located near her home on the Navajo Nation. 

Keyanna and other Diné citizens have been living with the consequences of uranium mining near the Red Water Pond Road community since the 1960s. But now, uranium waste rock that has sat for decades at a Superfund site will finally be moved to a landfill off tribal land.

“This is a seismic shift in policy for Indigenous communities,” said Eric Jantz, an attorney for the New Mexico Environmental Law Center. 

On Jan. 5, in a first-of-its-kind move, the Environmental Protection Agency signed an action memo to transport 1 million cubic yards of low-grade radioactive waste from the Quivira Mining Co. Church Rock Mine to a disposal site at the Red Rock Regional Landfill. The Northwest New Mexico Regional Solid Waste Authority owns and operates the landfill, which is located about 6 miles east of Thoreau, New Mexico. 

“I feel like our community has finally had a win,” Keyanna said. She is a member of the Red Water Pond Road Community Association, a grassroots organization made up of Diné families that have been advocating for the waste removal for almost two decades. “It’ll help the community heal.”

Companies extracted an estimated 30 million tons of uranium ore on or near the Navajo Nation from 1944 to 1986, largely to fuel the federal government’s enormous nuclear arsenal. When the mines were abandoned in the 1980s, the toxic waste remained. Today, there are hundreds of abandoned mines in plain sight on the Navajo Nation, contaminating the water, air and soil. Altogether, there are an estimated 15,000 uranium mines across the West — 1,200 of them on the Navajo Nation alone — with the majority located in the Four Corners region. 

The impact of all this mining on Diné communities has been devastating. A 2008 study found uranium contamination in 29 water sources across the Navajo Nation, while other studies show that people living near waste sites face a high risk of kidney failure and various cancers. 

At Quivira, the cleanup is set to begin in early 2025 and will continue for six to eight years, according to an EPA news release. The permitting process, which will provide opportunity for public comment, will be overseen by the New Mexico authority that manages the proposed waste site and is responsible for its long-term safety monitoring.  

Mine Waste Area with Limited Vegetation. Photo credit: EPA

The EPA had considered multiple options for waste remediation. But for years, Red Water Pond Road advocates and other local organizations continually pushed it to simply remove the waste, a course of action that the EPA has never taken before, even though the Navajo Nation has repeatedly called for the federal government to move all uranium waste from Diné tribal land. 

Throughout the Navajo Nation, said Jantz, “prior to this decision, EPA’s primary choice in terms of remediation of mine was to bury the piles under some dirt and plant some grass seeds on top, called cap in place.” But studies have shown that this approach is not effective at containing radioactive waste in the long term, he said. 

The agency took a similar approach when addressing the other uranium waste in the Church Rock area. In 2013, the EPA and the Nuclear Regulatory Commission, which oversees uranium mine-waste cleanup, dumped 1 million cubic yards of waste from the Northeast Church Rock Mine — a different waste site, roughly 3 miles from the Quivira Mine — on top of existing tailings located half a mile from the Red Water Pond Road communities. 

But the EPA plans to handle the Quivira Mine’s waste differently, placing it in geoengineered disposal cells with a groundwater leak protection system after it is moved off-site, an approach that Jantz called “state-of-the-art.”

The Quivira Mine cleanup is part of the 2014 Tronox settlement, which provided $5.15 billion to clean up contaminated sites across the United States. The settlement allocated $1 billion of those funds to clean up 50 uranium mines across the Navajo Nation. 

There is a lot more to be done, said Susan Gordon, coordinator for the Multicultural Alliance for a Safe Environment, a grassroots organization led by uranium-impacted communities. Hundreds of abandoned mines pepper the Navajo Nation, and the EPA has not formulated a broader plan to clean up the majority of them. Funding is also an issue, she added. 

What the EPA’s decision means for the future of uranium mine waste remediation is unclear. Under other circumstances, Jantz said that the decision would signal a sea change for the EPA’s policy of removing waste from the Navajo Nation. But the incoming Trump administration has not indicated its policy on hazardous waste disposal.

As Jantz put it, “All bets are off.”

Graphic credit: Environmental Protection Agency

Record precipitation in 2024 gave little relief to irrigators: Most of the water ended up in the soil, not the unconfined aquifer — @AlamosaCitizen #RioGrande #SanLuisValley

Gauging station near Mogote on the Conejos River. Record precipitation did not translate to record river flows. Credit: The Citizen

Click the link to read the article on the Alamosa Citizen website:

January 15, 2025

Alamosa never gets 16 inches of total precipitation in a year. Never. Ever. Except that it did in 2024. 

Turns out, 2024 was among the wettest on record across the San Luis Valley going back to 1895, with all six counties registering historic levels of precipitation. Here are the precipitation totals by county, according to data from the NOAA National Centers for Environmental Information:

  • Alamosa County, 16.75 inches
  • Conejos County, 24.29 inches
  • Costilla County, 22.53 inches
  • Mineral County, 32.60 inches
  • Rio Grande County, 19.66 inches
  • Saguache County, 21.86 inches

The headscratching is how so much moisture was realized in a year when the unconfined aquifer of the Upper Rio Grande Basin dropped to near its lowest level, which became problematic for irrigators who are under orders by the state of Colorado to reduce their groundwater pumping to help recover the ailing aquifer.

“Two things,” said Cleave Simpson, general manager of the Rio Grande Water Conservation District and local hay grower. “We didn’t have continuous steady snowpack in the winter months that put us in a good position, and then the volume of snow we got was on top of drier conditions last fall where moisture, instead of showing up in a stream, ends up in the ground in soil conditions.

“So to that end, this year at my farm in October, I get an inch and a half of rain, in October. That never, ever happens. So the hope is then, that nice soil moisture that we got in October will set us up for success.”

Craig Cotten, division engineer for the Colorado Division of Water Resources, said the wet 2024 was a boon to local farmers and their efforts to recover the Valley’s aquifers. What it didn’t do was increase the amount of water stored in reservoirs.

“The reservoirs in the Rio Grande Basin in Colorado typically store water in winter when the senior priority ditches are shut off. The reservoirs can also store during the irrigation season, but only if there is a significant amount of water in the rivers to serve not only the irrigation ditches but the reservoirs as well,” said Cotten.

“This typically requires very high river flows, which did not occur in 2024 even with the rain events that were the primary reason for the high precipitation total in 2024. The significant rains in the Rio Grande Basin did increase the river flows, but not enough to get the reservoirs into priority. The increase in reservoir storage in 2024 was about typical of what occurs in an average year.”

Without the high levels of precipitation in 2024, the critical unconfined aquifer was in danger of falling to a level of storage nobody was expecting to see after years of irrigators working to reduce their groundwater pumping.

Colorado precipitation for the 12 months ending January 15, 2024. Credit: High Plains Regional Climate Center.

“The large amount of precipitation in the Rio Grande Basin during the summer of 2024 helped the unconfined aquifer in multiple ways,” said Cotten. “This precipitation increased the streamflow in the Rio Grande throughout the summer, allowing the ditches and canals to divert more water than they otherwise would have.

“This increased diversion in turn allowed delivery of a higher amount of water into recharge pits and the aquifer. The precipitation also helped to meet the irrigation needs of the crops, allowing the farmers to not pump their wells as much as they would otherwise.”

The hope among local farmers is that the wet fall months of 2024, when October and November delivered more than 11 inches of snow, will translate into an above-average spring runoff and give a boost to surface water coming into the Valley in 2025.

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

Cleanup of abandoned uranium mines set to start after Navajo Nation, EPA reach agreement — AZCentral.com

Graphic credit: Environmental Protection Agency

Click the link to read the article on the AZCentral.com website (Arlyssa D. Becenti). Here’s an excerpt:

January 8, 2025

After years of demanding the cleanup of uranium waste at the Kerr-McGee Quivira Mines on the Navajo Nation community advocates got the news this week that the Environmental Protection Agency will remove waste rock from three areas of the site and move it to a new off-site repository. The removal of over 1 million cubic yards of radioactive waste from the sites about 20 miles northeast of Gallup will begin in early 2025, the EPA said. The waste will be taken to a new off-site repository at Red Rocks Landfill east of Thoreau, N.M. The process, including permitting, construction, operation and closure of the repository, is expected to take 6-8 years.

“I feel as though our community finally has something of a win,” said Teracita Keyanna, a member of the executive committee for Red Water Pond Road Community Association. “Removing the mine waste from our community will protect our health and finally put us back on a positive track to Hózhǫ.”

Commercial exploration, development, and mining of uranium at Quivira Mines began in the late 1960s by the Kerr-McGee Corporation and later its subsidiary. The mine sites are the former Church Rock 1 (CR-1) mining area; the former Church Rock 1 East (CR-1E) mining area; and the Kerr-McGee Ponds area. The mines were in operation from 1974 to the mid-1980s and had produced about 1.2 million tons of ore, making them among the 10 highest producing mines on the Navajo Nation…From World War II until 1971, the U.S. government was the sole purchaser of uranium ore, driving extensive mining operations primarily in the southwestern United States. These efforts employed many Native Americans and others in mines and mills. Between 1944 and 1986, nearly 30 million tons of uranium ore were extracted from Navajo lands under leases with the Navajo Nation. With over 500 abandoned uranium mines — many say the total could be in the thousands — clean up of mines has always been a battle.

Do homebuyers know enough about a property’s water? What to ask the real estate agent — Fresh Water News

The downtown Denver skyline from Arvada. Photo credit: Allen Best/Big Pivots

Click the link to read the article on the Water Education Colorado website (Shannon Mullane):

January 2, 2025

Potential property owners are often not asking enough questions about water, experts say — 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 they’re 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 they’re not, they could end up in the middle of a fight or with an expensive liability.

“There have been neighborly confrontations over water,” said John Wells, a broker and owner of the Wells Group in Durango. “I’ve seen people turn other people’s ditches off, locking their headgates, unlocking their headgates. It doesn’t make for a good neighborly situation.”

Western water law is frequently confusing — 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.

“Most brokers don’t understand it because it’s complicated and confusing, and it doesn’t really impact their client’s ability to purchase a house,” 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 — 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 — 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: “Be sure they’re being thorough. Don’t be afraid to ask questions, even though they might seem silly,” Wells said. “There’s no silly question when it comes to water.”

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 — like a town, city, special district or planned development — 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 property’s 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.

It’s 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 it’s 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:

  • Can the seller provide 12 months of water bills?
  • Are there any broken sprinklers or leaky pipes?
  • Can buyers add water-efficiency features, like systems that capture grey water or rain?
  • 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? Here’s 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 — 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

What’s 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 it’s 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? “It’s like an immediate lawsuit every single time,” Wombacher said.

Questions to ask:
  • Is it actively used?
  • How might this impact what I can and can’t do with the property?
  • If I’m 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 engineer’s 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

“There are quite a few unlawful uses going on out there, particularly with ponds and reservoirs,” 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.

“Just because a seller has been able to get away with something for a long time, doesn’t mean the buyer will,” Wombacher said. “Anytime there’s a water use going on on a property, you want to make sure as a buyer that it’s a lawful use.”

Typical water well

What does it mean if there’s 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 — and a buyer might want one — 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 a cistern.

“Just like you do a home inspection, you call someone and they do a well inspection,” Snitker said.

What do I need to know about water rights?

Many properties, especially in rural areas, come with irrigation water supplies — 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.

“I think a lot of lay people, and it’s not their fault, think they can use water anytime they want,” Wells said.

Some water rights are also more valuable than others: Under Colorado water law, more recently established “junior” rights get cut off first when water is short so older and more valuable “senior” rights get their share.

Don’t need irrigation water? A property owner has to go to water court to change details of a water right. And a new owner can’t 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 “abandoned,” 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.

“Sometimes it’s prudent to hire a water attorney to make sure that what is in the deed matches what you’ll actually be sold,” 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 I’d 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?
  • What fees come with the water supply?

More by Shannon Mullane

#Colorado Parks and Wildlife to award $1.1 million to projects that restore wetland habitat for waterfowl and at-risk species: Application deadline February 10, 2025

Photo credit: Colorado Parks and Wildlife

Click the link to read the release on the Colorado Parks and Wildlife website (Joey Livingston):

December 23, 2024

DENVER — Colorado Parks and Wildlife is seeking applications for wetland and riparian restoration, enhancement and creation projects to support the Wetlands for Wildlife Program.

This year, CPW will award over $1.1 million in funds from Great Outdoors Colorado (GOCO) and Colorado Waterfowl Stamps to projects in Colorado that support the Wetlands Program Strategic Plan’s two main goals: 

  1. Improve the distribution and abundance of ducks, and opportunities for public waterfowl hunting. Applications supporting this goal should seek to improve fall/winter habitat on property open for public hunting (or refuge areas within properties open for public hunting) or improve breeding habitat in important production areas (including North Park and the San Luis Valley in Colorado, and other areas contributing ducks to the fall flight in Colorado).
  2. Improve the status of declining or at-risk species. Applications supporting this goal should seek to clearly address habitat needs of these species. See the identified threats, recommended conservation actions, and progress to date for these species in the Colorado State Wildlife Action Plan (SWAP) Conservation Dashboards.

Wetlands for Wildlife application guidance and instruction is available at: cpw.state.co.us/wetlands-wildlife-grants. The application deadline is Monday, Feb. 10. 

About the program
The Colorado Wetlands for Wildlife Program is a voluntary, collaborative and incentive-based program to restore, enhance and create wetlands and riparian areas in Colorado. Funds are allocated annually to the program and projects are recommended for funding by a CPW committee with final approval by the Director.

“Wetlands are so important,” said CPW Wetlands Program Coordinator Brian Sullivan. “They comprise less than two percent of Colorado’s landscape, but provide benefits to over 75 percent of the species in the state, including waterfowl and several declining species. Since the beginning of major settlement activities, Colorado has lost half of its wetlands.”

Since its inception in 1997, the Colorado Wetlands Program and its partners has preserved, restored, enhanced or created more than 220,000 acres of wetlands and adjacent habitat and more than 200 miles of streams. The partnership is responsible for more than $40 million in total funding devoted to wetland and riparian preservation in Colorado.

Permafrost is thawing across Boreal and Arctic lands, causing old carbon stored in soil or sediment to be released to the atmosphere as CO2 or CH4 — Dr. Merritt Rae Turetsky (‪@queenofpeat.bsky.social‬)

Permafrost is thawing across Boreal and Arctic lands, causing old carbon stored in soil or sediment to be released to the atmosphere as CO2 or CH4. A lot of these emissions occur in winter because post-thaw soils can become too wet to freeze, like this thaw bog in northwestern Canada.

— Dr. Merritt Rae Turetsky (@queenofpeat.bsky.social) 2024-12-30T18:03:39.848Z

2024 – 2025: Look back, look ahead — @AlamosaCitizen

On Sunday, Dec. 29, the daytime high of 57 degrees in Alamosa established a new record for the date, making December 2024 one of the warmest Decembers this century. | Credit: The Citizen

Click the link to read the article on the Alamosa Citizen website:

December 30. 2024

A mild December caps a year of unusual weather for Alamosa and the greater San Luis Valley. Or maybe it’s just the new normal in a century of changing climates and chaotic weather patterns.

The month of December brought 10 different 50-degree weather days, and an average temperature of 45 degrees – or 10 degrees above what’s been historically normal, according to figures from the National Weather Service.

On Sunday, Dec. 29, the daytime high of 57 degrees in Alamosa established a new record for the date, making December 2024 one of the warmest Decembers this century.

The summer and late fall were strange as well this year. Between May and August, the Valley floor received 6.14 inches of rain, making it one of the wettest four-month periods on record this century.

For perspective, the San Luis Valley typically experiences 7 inches of total precipitation and around 30 inches of measurable snow each year. In 2024, Alamosa experienced 11.36 inches of precipitation and 37 inches of snow.

Those late spring and summer rains came off a record amount of total snow in March when 14.5 inches fell, way above the 4 inches of snow that is typical for the month. Indeed, 2024 was a strange, wet weather year.

Yet, the Upper Rio Grande Basin continues to struggle and local irrigators remain under state pressure to reduce their groundwater pumping and retire more fields. In August alarm bells went off for water managers when readings of the unconfined aquifer storage levels shockingly showed the critical aquifer near its lowest measurable point.

“You’re always under pressure and the sense of urgency is always there,” said Cleave Simpson of the stress farmers and ranchers in the San Luis Valley face to recover the ailing aquifers of the Rio Grande. He works as general manager for the Rio Grande Water Conservation District and represents the Valley and most of southwestern Colorado as a state senator.

In his role as state legislator, Simpson sponsored legislation that resulted in $30 million committed to pay Valley irrigators to retire more groundwater wells to reduce their groundwater pumping. Over the past dozen years, payments made to either temporarily or permanently fallow agricultural fields and reduce the amount of groundwater pumped in the Valley have totaled $100 million, according to figures Simpson cited on this episode of The Valley Pod.

The podcast episode with Simpson looks back on the century and how the new millennium, now 25 years in, has been dominated by the effects of climate change.

U.S. Drought Monitor July 23, 2002.

“From climate, in particular, 2002 was this critical moment in time for us. That’s when the whole paradigm shifted for the San Luis Valley and Colorado and really the western U.S.,” said Simpson. “That was the worst drought in our recorded history. The Rio Grande had never seen those kinds of diminished flows, ever, since we started recording it.

“It’s basically since 2002 till today, that’s 22 years of this drying, this no snow pack, this change in how runoff occurs, and the timing and the volumes.”

Simpson and others who closely follow the weather patterns of the San Luis Valley say it’s no longer drought but aridification settling into the soil that the Valley will wrestle with as the 21st century proceeds.

We’ll see now what 2025 has in store.

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

A #RepublicanRiver Basin milestone — Allen Best (@BigPivots)

Republican River in Colorado January 2023 near the Nebraska border. Photo credit: Allen Best/Big Pivots

Click the link to read the article on the Big Pivots website (Allen Best):

December 23, 2024

10,000 acres in the basin have now been retired from irrigation. But Colorado must remove 15,000 more acres before 2030.

Colorado has achieved a milestone, retiring 10,000 acres from irrigation in the Republican River Basin of northeastern Colorado.

But a much larger, more difficult challenge lies ahead. The state must retire 25,000 acres before 2030 in order to comply with the compact with Nebraska and Kansas governing water in the basin.

The Colorado Division of Water Resources announced on Dec. 20 that Nebraska and Kansas agreed that Colorado has taken the necessary actions to retire the minimum 10,000 acres based on executed contracts and aerial data collected in the summer of 2024.

The compact between the three states was ratified in 1942. Then came the widespread adoption of high-capacity wells followed by center-pivot sprinklers that permitted exploitation of the Ogallala and other aquifers. The aquifers feed into various forks of the Republic River.

Flows in the river subsequently declined. Kansas and Nebraska complained, rolling out the legal sabers. That resulted in formation of the Republican River Water Conservation District in 2004 to address the over-drafting of the aquifer. A resolution between Colorado and its neighbors in 2016 gave Colorado a specific target. It must figure out how to eliminate irrigation from 25,000 acres in the South Fork of the Republican River by the end of 2029.

Wells in the Republican River Basin in Colorado.

Dick Wolfe, then the state water engineer, was asked in September of 2016 how this would be accomplished. He paused a moment, then pretended to have a scissors in his hands, as if a barber, saying “Bit here, a bit there.” And that is what has been happening.

Irrigators in the district contribute to the district on a per-acre basis. The money is used to induce irrigators to end their diversions via the wells.

State legislators in 2023 allocated $30 million to supplement the district’s self-generated funds to sweeten the pot. The Colorado Water Conservation Board earlier this year added another $6 million.

The map below shows the location of wells in the district. It mostly lies between Interstates 70 and 76.

Some parts of the aquifer, mostly in the southern parts, ceased to have sufficient water for pumping. At a meeting this year in Wray, directors of the conservation district were told that even in the better areas along the North Fork of the River, in the Yuma and Wray areas, water levels have been dropping a foot and a half a year.

There is some agreement among directors that stepped-up action must be taken in order to meet the 2029 deadline for retirement. They will take up that discussion at a February meeting.

See also:

The declining Ogallala Aquifer

Facing hard deadlines in water and in climate, too 

The Republican River basin. The North Fork, South Fork and Arikaree all flow through Yuma County before crossing state lines. Credit: USBR/DOI

#Kansas and #Nebraska Agree that #Colorado Has Reached #RepublicanRiver Compact Milestone — Colorado Department of Natural Resources

Republican River in Colorado January 2023 near the Nebraska border. Photo credit: Allen Best/Big Pivots

Click the link to read the release on the Colorado Department of Natural Resources website (Michael Elizabeth Sakas):

December 20, 2024

Colorado has officially reached the milestone of retiring more than 10,000 acres of farmland from irrigation in the southern Republican River basin. These efforts are necessary to stay in compliance with the Republican River Compact with Kansas and Nebraska.

Depleted groundwater in the Republican River Basin has impacted how much surface water flows east. To remedy this, the Republican River Compact Administration (“RRCA”) adopted a resolution in 2016 to retire 10,000 acres in this part of the basin by 2024.

An additional 15,000 acres need to be retired by December 31, 2029. Colorado is already well on its way to meeting this second milestone, with nearly 7,000 additional acres under contract for retirement.

“Agriculture is the economic driver for the northeastern counties of Colorado. This is a difficult situation for the producers,” said Jason Ullmann, State Engineer with the Colorado Division of Water Resources. “I know this work hasn’t been easy, and more must be done. I applaud the Republican River Water Conservation District for their major efforts to reach this deadline.”

Colorado provided Kansas and Nebraska with the executed contracts and aerial data collected in the summer of 2024. Kansas and Nebraska agreed that Colorado has taken the necessary actions to retire at least 10,000 acres.

“By working together with the State of Colorado, the Republican River Water Conservation District continues to make great strides in complying with the ongoing requirements imposed by the 2016 Republican River Compact Administration Resolution,” said Deb Daniel, general manager of the Republican River Water Conservation District. “The RRWCD continues, with financial support from Colorado, to provide funding to compensate well owners who are willing to voluntarily retire a portion of their irrigated acres to ensure that Colorado and the Republican Basin achieve and maintain compliance with the compact.”

Earlier this year, the Colorado Water Conservation Board approved $6 million to be included in the proposed 2025 CWCB projects bill to support efforts to retire additional acres in the Republican River basin. In 2022, the Colorado state legislature unanimously approved $30 million in the pursuit of retiring the required irrigated acres. The CWCB administers those funds, which were awarded through Senate Bill 22-028.

Kansas River Basin including the Republican River watershed. Map credit: By Kmusser – Self-made, based on USGS data., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=4390886

An Abrupt Decline in Global Terrestrial Water Storage and Its Relationship with Sea Level Change — Springer Nature Link

Click the link to access the report on the Springer Nature Link website (Matthew Rodell, Anne Barnoud, Franklin R. Robertson, Richard P. Allan, Ashley Bellas-Manley, Michael G. Bosilovich, Don Chambers, Felix Landerer, Bryant Loomis, R. Steven Nerem, Mary Michael O’Neill, David Wiese & Sonia I. Seneviratne). Here’s the abstract:

November 4, 2024

As observed by the Gravity Recovery and Climate Experiment (GRACE) and GRACE Follow On (GRACE-FO) missions, global terrestrial water storage (TWS), excluding ice sheets and glaciers, declined rapidly between May 2014 and March 2016. By 2023, it had not yet recovered, with the upper end of its range remaining 1 cm equivalent height of water below the upper end of the earlier range. Beginning with a record-setting drought in northeastern South America, a series of droughts on five continents helped to prevent global TWS from rebounding. While back-to-back El Niño events are largely responsible for the South American drought and others in the 2014–2016 timeframe, the possibility exists that global warming has contributed to a net drying of the land since then, through enhanced evapotranspiration and increasing frequency and intensity of drought. Corollary to the decline in global TWS since 2015 has been a rise in barystatic sea level (i.e., global mean ocean mass). However, we find no evidence that it is anything other than a coincidence that, also in 2015, two estimates of barystatic sea level change, one from GRACE/FO and the other from a combination of satellite altimetry and Argo float ocean temperature measurements, began to diverge. Herein, we discuss both the mechanisms that account for the abrupt decline in terrestrial water storage and the possible explanations for the divergence of the barystatic sea level change estimates.

Article Highlights

  • Global terrestrial water storage, excluding glaciers and ice sheets, declined abruptly between May 2014 and March 2016, with a corollary increase in sea level
  • A series of droughts, possibly linked to global warming, has since helped to prevent global terrestrial water storage from recovering
  • Also around 2015, two independent estimates of barystatic sea level began to diverge, but we find no evidence of a connection with the terrestrial water storage decline
Illustration of the NASA’s Gravity Recovery and Climate Experiment Follow-On (GRACE-FO) spacecraft, which will track changes in the distribution of Earth’s mass, providing insights into climate, Earth system processes and the impacts of some human activities. GRACE-FO is a partnership between NASA and the German Research Centre for Geosciences. Credits: NASA/JPL-Caltech

#OgallalaAquifer Summit: Collaboration on the High Plains — NOAA

Click the link to read the article on the NOAA website:

December 11, 2024

A patchwork of green circles dot the landscape across the High Plains of the United States, their green grid created by sprinklers irrigating with well water pumped from the Ogallala Aquifer. Relying heavily on the Ogallala Aquifer, farmers and livestock growers in this semi-arid region produce nearly one-fifth of the wheat, corn, cotton and cattle produced in the United States as of 2011.

The importance of the Ogallala Aquifer and the communities it supports cannot be overstated. Irrigation of crops significantly boosts productivity and supports the socioeconomic lifeblood of this region. Agricultural sales from the Ogallala Aquifer region contribute billions of dollars to local economies and national gross domestic product. 

However, the Ogallala Aquifer is in trouble. Groundwater measurements in the Ogallala Aquifer show ongoing declines in aquifer water quality and quantity. The shared water resource can be managed sustainably, but this will require cooperation by water users within the region and support from those outside of the region who also benefit from it.

In March 2024, NOAA’s National Integrated Drought Information System (NIDIS) and the Irrigation Innovation Consortium at Colorado State University partnered with the Kansas Water Office and others in the region to host the third Ogallala Aquifer Summit.

The Summit brought together more than 230 crop and livestock growers, scientists and technical experts, water managers, governments (local, state, and federal), and other partners to work to address water management challenges within the region. Summit opening remarks were delivered by Kansas Governor Laura Kelly and U.S. Senator for Kansas Jerry Moran.

“Without water there is no agriculture, and without agriculture there are no rural communities in the High Plains,” said Kansas Senator Jerry Moran. “The future of the High Plains region depends on leadership to preserve water.”

This third Summit built on successes of past Summits led in 2021 and 2018 by the Irrigation Innovation Consortium. Key takeaways from the Summit were summarized in the recently published 2024 Ogallala Aquifer Summit Summary Report. The Summit program was split among four sessions, each devoted to some aspect of the theme, “Building Trust, Mobilizing Collaboration.”

Session 1: Applying Science and Data for Regional Agricultural Sustainability

The opening session focused on the science of the hydrology and climatology of the region with the goal of building trust and collaboration between scientists, who are working to understand the dynamics of the Aquifer, and business leaders and decision-makers, who are implementing the knowledge being produced. Presenters highlighted the value seasonal climate predictions provide to manage risks to the community, as well as tools to support decisions to withdraw groundwater. 

Session 2: Harnessing the Power of Peer Networks

The next session focused on harnessing the power of peer networks to bring people together to share successes and lessons learned. This included a presentation about the successes of the Master Irrigators program in some states, and successes in individual regions and farms when solutions are implemented.

Session 3: Mobilizing Supply Chain Partners

The second day opened with a focus on the nationwide and global risk presented by Ogallala water challenges. Water scarcity in this region impacts local, national, and global economies, and even national security, because, as one panelist pointed out, “food security is national security.” Producers underscored the need to recognize the economic value of water in approaches to address these risks. 

Subsequent discussions focused on mobilizing supply chain partners to support agricultural sustainability within the region. Sustainable water use in the Ogallala not only impacts local farmers within the region, but major corporations from across the country and the world who rely on Ogallala water. Customers at grocery stores across the country buy bread or beef that was grown from Ogallala water. Northern Texas alone produces 20% of U.S. cotton using water that is drawn from the Ogallala Aquifer. This cotton is being worn as t-shirts or blue jeans by millions of people around the world. Corporations who rely heavily on production in the High Plains regions are invited to be part of the ongoing conversation about sustainable use, hence the importance of mobilizing supply chain partners.

Session 4: Building the Future We Want: Thinking and Acting Intergenerationally

The final session focused on building intergenerational collaboration. Thinking and acting intergenerationally is about making sure there is a future for the next generation in the region. Participants discussed their desire for flexible and voluntary tools to manage the aquifer and a need for more educational opportunities to create future leaders and a skilled workforce for the next generation’s water. 

The conference ended with a capstone session that asked Summit participants, “What do you hope to be true in three years?” This 90-minute conversation helped articulate the potential next-steps to arrive at real progress in the region. Participants hoped to return to the next Summit having made strides in communicating and collaborating further, developing and implementing new tools, and broadening educational and research opportunities in the region. 

Ogallala aquifer via USGS

Historic water rights settlements yet to deliver lifeline to Navajo Nation — The Navajo Times #ColoradoRiver #COriver #aridification #CRWUA2024

Navajo Reservation map via NavajoApparel.com

Click the link to read the article on the Navajo Times website (Donovan Quintero). Here’s an excerpt:

December 15, 2024

At the Colorado River Water Users Association conference last week in Las Vegas, Nevada, representatives from the 25th Navajo Nation Council, the Navajo Nation Department of Justice, the Office of the President and Vice President, and the speaker’s office outlined the significant water challenges facing Navajo communities and the opportunities presented by ongoing water rights settlement agreements. Crystal Tulley-Cordova, a hydrologist with the Navajo Nation Department of Water Resources, stated at the conference that the tribe is committed to safeguarding water resources across its 27,000-square-mile Navajo Nation, which spans Arizona, Utah, and New Mexico…Tulley-Cordova explained that the Navajo Nation has historically relied on groundwater, which can take thousands of years to recharge…

Three key water rights settlement acts are critical to the Navajo Nation’s water future, Tulley-Cordova stated. The Northeastern Arizona Indian Water Rights Settlement Act of 2024, the Navajo Gallup Water Supply Act of 2023, and the Navajo Nation Rio San José Stream System Water Rights Settlement Act of 2024 provide opportunities to secure water rights and avoid costly litigation…

The CRWUA’s 2024 report highlighted significant developments and challenges in water management, particularly emphasizing the efforts of the Ten Tribes Partnership. The partnership, established in 1992, includes tribes with federally recognized water rights in the Colorado River Basin, such as the Navajo Nation, the Ute Indian Tribe, and the Southern Ute Indian Tribe, which collectively hold rights to approximately 20% of the river’s mainstream flow…The Navajo Nation was a focal point of the report, with updates on key infrastructure projects such as the Navajo-Gallup Water Supply Project. The initiative, supported by federal legislation, will deliver reliable drinking water to underserved Navajo communities by 2029. Recent advancements include the awarding of a $267 million contract for the San Juan Lateral Water Treatment Plant, one of the project’s cornerstone facilities. The report also highlighted innovative collaborations, such as the Jicarilla Apache Nation’s efforts to use its settlement water rights creatively. By leasing water to the state of New Mexico, the tribe supported endangered species preservation while funding essential water delivery projects. These collaborative approaches demonstrate how tribal water rights can address both ecological and human needs.

The complexities of a sustainable Subdistrict 1: Groundwater modeling expert discusses the nuances of one-for-one pumping and recovering groundwater levels — @AlamosaCitizen #RioGrande #SanLuisValley

Credit: Rio Grande Water Conservation District

Click the link to read the article on the Alamosa Citizen website:

December 8, 2024

Call it a meeting of the minds – Willem A. Schreüder, the CU computer scientist behind the groundwater modeling of the Upper Rio Grande Basin, and a group of San Luis Valley irrigators who are racing against time to reduce groundwater pumping in what state water engineers call “one of the most productive irrigated farming areas in the state.”

Schreüder spent more than an hour at a Dec. 4 meeting with farmers who form the governing board of Subdistrict 1 of the Rio Grande Water Conservation District. They wanted to know if the subdistrict’s upcoming Fourth Plan of Water Management, which calls for irrigators to limit their groundwater pumping to the amount of surface water that naturally flows in, is going to work. 

It’s called one-for-one pumping, and while the plan has been approved by the Subdistrict 1 board, the Rio Grande Water Conservation District board and the state engineer, it still needs sign off from the state water court, which likely won’t happen until 2026.

While all the Valley’s farmers face pressure to reduce groundwater pumping in the face of a changing climate, it’s the crop producers in Subdistrict 1 who are on the clock and under state orders to recover groundwater levels of the unconfined aquifer and maintain a sustainable irrigation water supply by 2031.

It’s Schreüder’s mathematics’ modeling that clues in the Colorado Division of Water Resources to the response the river system and aquifers are having through a steady reduction of groundwater pumping over the past two decades.

Schreüder’s expert witness testimony explaining the Rio Grande Decision Support System (RGDSS) model has been the subject of state water court proceedings and undoubtedly will be again in upcoming cases.

His session with Subdistrict 1 managers yielded a few insights, notably:

  • The recharge of streams should occur as close to the point of where the groundwater pumping occurred, a problem that has particularly come to light around Saguache Creek and the groundwater pumping that occurs in that area of the Valley.
  • The formation of the new Southern Colorado Water Conservancy District will complicate the RGDSS model in ways Schreüder still has to figure out.
  • As much as the RGDSS model can be useful in showing the response of the river to less groundwater pumping, there is always an imbalance even if irrigators are perfectly recharging the same amount as they’ve pumped out.

What follows is a partial, edited transcript of the conversation to get at some of the more pertinent questions. Jake Burris, president of the Subdistrict 1 board of managers, opened the discussion:

Burris: The first question I would throw at you is, the anchor of the amended plan, should we be successful, is that we would only pump imported water as it’s brought in. Live within our means, sort of speak. If that is the case, is it unreasonable to assume that we would not be generating any new depletions at that point?

Schreüder: New depletions anywhere, or a particular stream?

Burris: Anywhere, any stream.

Schreüder: So the short answer is ‘No’ in the sense that yes, we probably still will have the depletions, and what it comes down to is that the one-for-one plan essentially is one that deals with an average. So we’re looking at a districtwide or subdistrict-wide average balance, whereas when we talk about stream depletions, we’re talking about time, place, amount. And so it’s very easy to construct a hypothetical situation where if you look at where the pumping occurs and where the recharge occurs, that those recharges in pumping are not exactly coincident and as a result, the distance between where you recharge and where you are pumping basically directs depletions to a particular direction. And so what could very likely occur is that on one stream you actually have an accretion and on another stream you have depletion. So on average you tend to be sort of in balance with the surface network, but the people on the stream that is depleted, are not going to be happy. . .So unless the way that the one-for-one works is that the recharge occurs in exactly the place where the pumping occurs, you likely will have depletions to some streams.”

Burris: So it’s not just simply an issue from an administrative standpoint of us utilizing our recharge on an average. That’s irrelevant. It is a logistics and timing problem, regardless?

Schreüder: There’s both a temporal and spatial component to that. Think about for example, the depletions to the Rio Grande and I’m making up numbers here, but just to make the argument easier, let’s say 50 percent of your depletions occur in year one and then 30 percent in year two and 10 percent in years three and four. So it’s front-loaded as far as when the depletions occur, and you’re working on a five-year average and let’s say for those first five years, or first four of the five years, let’s say there’s negative 25,000 acre-feet of pumping to managed recharge. . .and then in the last year, year five, we basically have a 100,000 acre-feet of pumping in excess of recharge. So because half of that occurs in year one, and the offsets from two years and three years and four years and five years ago are lesser amounts, even though on the five-year average you are in balance, you could have a situation that on the Rio Grande in that first year after the big pumping you do not have an impact. So it’s both the temporal scale at which things happen, as well as the spatial scale. It’s also a reflection of where did that recharge occur and where did the pumping occur. If you average it out, they don’t fall right on top of each other.

Burris: The way the model then is I guess essentially looking at it for lack of a better way, but from a temporal and spatial standpoint, Sub 1’s aquifer itself is irrelevant. It’s not looking at it from a form of recharging an aquifer as a whole and recharging for all the wells as a conglomerate. It’s looking at the individual wells and the areas around each well?

Schreüder: As far as the model is concerned, yes.

Burris: I think that’s our big disconnect, or at least I should speak for myself there. The way Sub 1’s structured is with the way the aquifer system is and the way we treat the wells and recharges, it’s in totality. It’s as a conglomerate, and so you can’t take that perspective in any way to the model?

Schreüder: That’s right? And so there’s actually three parts to this. The first is as far as Subdistrict 1’s one-for-one is concerned, to a large part that’s going to address sustainability because what you put in and what you take out balances, that should be sustainable. So that’s the one part. The other part then, of course, is the groundwater modeling, which tries to figure out just exactly where the spring depletions occur. And then the third part to that is well, we need to calculate these response functions and the response function needs to capture the essential behavior of the model so that we have a simpler way of actually applying the inputs and predict what the depletions are. The problem that we are going to face in the future is that so far the response function approach has actually worked pretty well because what we found is that if you simply look at what the imbalance between pumping and recharge is in the ’90s and early 2000s, it did a pretty good job of predicting where the stream depletions would be if all you do is to calculate the net consumptive use and you run it through that function, and then you get the stream depletion prediction. But what if we go one-for-one and the next CU (consumptive use) is zero a lot of time, how are we going to figure out a response function that we can then use to predict what the stream depletion is? 

Burris: It is a possibility to reconsider conceptually how the model is I guess, the framework of the model? Or are we pretty much stuck with how the system is now, if that makes sense?

Schreüder: I think we are fairly confident in the framework of the model because it is able to reproduce what has happened historically pretty well. The question that we’re struggling with is ‘How do we ask the what-if question?’ Had there not been wells or had the wells only operated in a way where the pumping matched the recharge, what would the stream depletions have been? And that’s a little bit more tricky question that we need to answer now. In the past, because there was always an imbalance between pumping and recharge, it sort of worked out. But if we are actually finding that we are leaving the response function zeros a lot, and if the model does all of the superimposition of individual wells in terms of one answer, and then we average things and we run that sort of the response function, we don’t come up with that same answer, that’s the problem, right? That’s the definition of non-linear. Linear means if you have a function that translates an input to an output, all you have to do is average the inputs and the function will give you the same average on the outputs. Whereas in the non-linear system, if you run the individual items through the function and you then average the results, you don’t get the same answer. And that’s what we are struggling with. Will we be able to properly linearize that?

Burris: I’ll throw one more question at you and then I’ll let somebody else talk. What is the difference in impacts specifically, I’ll say, to Saguache Creek as far as the model sees them between unconfined wells and confined wells? Is the classification different in the model? Is the impact different, or are those treated the same sort of like we treat them the same in Sub 1?

Schreüder: They’re different in the sense that, because in the confined aquifer you typically have lower storage co-efficients, the columns of depression that accumulate for those tend to spread out wider and faster than they do in the unconfined aquifer. And so since the model basically just stacks all of those on top of each other and then calculates the total, it takes into consideration the fact that confined and unconfined wells behave differently. But as far as, can you tell me exactly how confined wells are, what the total is from confined wells and what’s the total from the unconfined wells? I’ve not tried to make that separation. We always just consider it in total because again, this is a non-linear system. So how you evaluate individual wells versus all of the wells in the subdistrict as a whole, if you add up all the individual wells, it doesn’t add up to the total for the subdistrict as a whole. So it’s a little difficult to make that clear distinction between the two.

Credit: Rio Grande Water Conservation District

The seventh iteration of the RGDSS model is being finalized by Schreüder, which led to this exchange with another of the Subdistrict 1 managers. The conversation also then delved into the new Southern Colorado Water Conservancy District.

Sub1 Board: When will we have, ‘This is the final seven version?’ Do we need to take action soon or can we wait a month or two for you to finalize it?

Schreüder: So I am hoping, we have a meeting on Dec. 17, I think is the date, and I’m hoping to finalize the model for that, or at least get people’s agreement that this is good enough that we should be moving on to the application of the model. So now we start asking the model questions, and it’ll probably be several months if not a year before we go from OK, we now have a model’ translating that into, do we ask the right question for each zone and then what are the response functions that are coming out of that? So it’s probably going to be at least a year before we have the answer that will apply for the next five or 10 years.

Sub 1 board member, on the Sustainable Water Augmentation Group known as SWAG: SWAG forming their own subdistrict and I guess trying to do it alone, how would you see that changing those fields and their new conservation district now outside of our subdistrict. Would that impact this data set?

Schreüder: Well, I guess to the extent that they do their own thing, they give us more site-specific information, we’ll try to incorporate that into the model. The difficult thing that we need to figure out is, ‘How do we deal with it separate from the rest of Sub 1?’ And that’s not going to be easy.

Sub 1 board member: Just clipping those wells out of our dataset, you’re saying it’s not just as straightforward as, ‘Hey, these ones are closer to Saguache and they’re no longer in the map.’ Does that help the math?

Schreüder: Well, and I mean that’s part of the problem, right, is it’s sort of obvious that yeah, those guys are probably having a bigger impact on Saguache Creek than the rest, but how do we actually run the model in such a way that we can actually quantify that? And that’s one of the problems that you have an nonlinear system, is if you start breaking it up into lots of little parts, the answer doesn’t sum up to the total and that becomes problematic in terms of how do you figure out what the total impact on the stream is and how to distribute that back to individual people? And it’s something that we’ve worked very hard to avoid, but they’re sort of forcing our hand and I don’t know exactly what the answers can be.

Sub 1 board member: You mentioned the substantial decrease in pumping over the last 10, 15 years in Subdistrict 1. Is there a scenario where if that were to continue or if wells were continuing to be retired in Sub 1, that that cone of depression would no longer reach Saguache Creek or we would no longer have applications in any scenario?

Schreüder: It’s that balance, right, between where the recharge occurs and where the pumping is. So if we basically do one-for-one and we can put the recharge exactly where we’ve pumped, then there should be no net cone of depression. And so that’s the problem, right? There’s always an imbalance, and so even if you are perfectly recharging the same amount as you are pumping, it’s always going to push the cone of depression in one direction.

Jake Burris: I once again will reiterate how appreciative I, and we are, that you’re willing to make the trip down here and talk to us. It was hugely helpful, at least for me, just the general perspective o,f it’s drastically different how we treat Sub 1 and administer it versus how the model sees it, I guess is how I’ll put it. But we do appreciate you taking the time.

Schreüder: Well, and again, let me just reiterate. The sustainability requirement, there’s the model’s predictions of impact, and then the response functions themselves, and the way that the response functions work right now, by definition, if you had no net CU (consumptive use), there would be no depletion. But that’s the existing response functions, and that’s one of the things that we need to figure out at the end of phase seven is, OK that particular model of response function is probably not going to work again. So what are we going to do to fix that?

San Luis Valley Groundwater

How much water do Colorado communities actually need? In one, surprisingly little — Jerd Smith (Fresh Water News)

Front yard in Douglas County’s Sterling Ranch are sparse on turf. Houses use well below the average volumes for Colorado. Photo/Allen Best

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

November 25, 2024

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.

“The new standard is a good approach,” 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.

“We 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,” she said.

“Sterling Ranch is a great example who has done this well, and has proven savings, and should be rewarded for its efforts,” she said.

More and more homes

Like other arid Western states being blistered by drought, warming temperatures, and lower stream flows, Colorado’s 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.

Cities are looking to add tens of thousands of homes to put roofs over the heads of  new residents. Some estimates indicate as many as 325,000 new homes will be needed.

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 it’s 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.

“We 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,” 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 Rock’s 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 — talks are underway again — the city would likely supply the water, bringing the ranch’s 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 family’s use of the nonrenewable groundwater it owns. In Colorado, landowners typically own rights to the water contained in the aquifers beneath their land.

“If I really wanted to maximize the amount of houses on my property, I would not have reduced the water standard to 0.27. … Our plan would leave about 50% of our groundwater rights in the ground, untouched,” Walker said. “If 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 didn’t do that.”

Water stored in Colorado’s 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 aquifers’ 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.

“We plan on a 20-year horizon right now,” he said. “It doesn’t mean we won’t do a 100-year plan at some point.”

Some say it’s time to stop groundwater use entirely

Steve Boand, a former county commissioner and water consultant, has been monitoring the health of the county’s 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 isn’t on the county’s political radar right now.

“It’s up to community planners to figure out what the right balance is — 0.5 is OK, if a house only needs 0.3, and 0.2 can be allocated to other uses, like park land,” Boand said. “We have to try these things to see if they will work.”

Western Resource Advocates’ Rogers says she’s 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.

“It’s possible that these new standards will mean more homes,” she said. “But 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.”

More by Jerd Smith

New study says Arapahoe County sitting pretty on water supplies, for now — Jerd Smith (Fresh Water News)

Photo credit: KB Homes

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

November 21, 2024

Arapahoe County has enough water to meet its needs through 2050, according to a new study, but major steps will need to be taken to reduce future demand and protect the county’s groundwater supplies.

Arapahoe County Commissioner Jeff Baker, in a statement, said the study is a cautionary tale, showing that while existing supplies generate 141,000 acre-feet of water each year, future growth could strain those supplies.

“If they want to build, they need to make sure there is enough water to provide adequate water resources to people. This is not a green light to develop,” Baker said.

Arapahoe County is home to 656,000 people, who use 83,400 acre-feet of water a year. By 2050, those numbers are expected to soar, with population topping 900,000 and water demand increasing to as much as 116,000 acre-feet a year, according to the new report.

Water stored in Colorado’s 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.

As with other counties, Arapahoe County does not deliver water, relying instead on 12 separate water districts and agencies to supply its communities, according to Anders Nelson, a spokesman for the county. Some of its supplies come from renewable surface water — primarily runoff from mountain snowpack — while the more rural parts of the county rely on groundwater.

The study outlines several steps that should be taken to protect the fast-growing community southeast of Denver from future water shortages. The county will require developers to document adequate water for new construction projects; implement county-wide water-efficient landscaping rules, and encourage regional partnerships and water sharing agreements.

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.

Group of irrigators forming new water conservation district: District would include 77 parcels in three counties, signals push away from Rio Grande Water Conservation District @AlamosaCitizen #RioGrande #SanLuisValley

Credit: court documents

Click the link to read the article on the Alamosa Citizen website:

October 26, 2024

A new water conservancy district is taking shape on the western end of the San Luis Valley that will compete for groundwater purchases to keep farms in operation and add to the complicated efforts to restore the underground aquifers of the Upper Rio Grande Basin.

Winding its ways through Colorado Division 3 Water Court is an application from a group of Valley irrigators to form the Southern Colorado Water Conservancy District and Groundwater Management Subdistrict. 

The farming operations that would belong to the new conservancy district would include 77 parcels of irrigated lands with an assessed valuation of $13.3 million, according to documents filed with the application. The parcels show up in Saguache, Rio Grande and Alamosa counties.

The application to form a new conservancy district comes from the same farm operators who formed the Sustainable Water Augmentation Group. Last year, SWAG filed for an alternative augmentation plan in state district water court in effort to avert a groundwater management plan approved by the Rio Grande Water Conservation District and its Subdistrict 1.

In essence, SCWCD has replaced SWAG in the fight for sustainability of farming and ranching in the western end of the Valley. The formation of a new conservancy district also signals a push away for these farm operations from the Rio Grande Water Conservation District and its strategies.

Once operational, Southern Colorado Water Conservancy District will find itself working with the Colorado Division of Water Resources to get its water management plans approved just as the Rio Grande Water Conservation District does for its members.

“Again, the primary objective of the SCWCD will be to obtain and operate a decreed plan or plans for augmentation, and/or a groundwater management plan, to allow landowners in the District to continue to operate their groundwater wells in accordance with Colorado law,” the group said in its application filed with Division 3 water court.

The next district water court hearing on the application is scheduled in November.

Asier Artaechevarria, Willie Myers and Les Alderete – all three of whom formed the SWAG board of directors – would be the initial board of directors steering the Southern Colorado Water Conservancy District, according to court filings.

SCWCD would impose a mill levy tax upon the farms operating within its boundaries to pay for operations and strategy to adhere to the state’s groundwater pumping rules. The conservancy district would include approximately 250 wells, and the group said it plans to invest another $40 million to obtain approximately another 6,000 acre-feet of water to “achieve and maintain a sustainable water supply.”

San Luis Valley Groundwater

Monday Briefing — @AlamosaCitizen #SanLuisValley #RioGrande

From email from the Alamosa Citizen:

October 21, 2024

Wet and dry 

In the case of the Upper Rio Grande Basin, two conflicting conditions can both be true at once. On one hand, the year has brought much more rain than is typical. With more than an inch of rain over the weekend, the San Luis Valley has seen more than 10 inches of total precipitation so far in 2024, or 3 inches above what’s normal, according to the National Weather Service. On the other hand, low snowpack in the San Juans and Sangre de Cristos from a winter ago left Valley farmers with less than a normal water year for irrigation. On May 6, the Rio Grande Basin had half of the typical snowpack, according to the Colorado Climate Center, and we know the unconfined aquifer relied on by so many irrigators remains a major problem. The state currently has a five percent curtailment on groundwater wells in the San Luis Valley. In calculating its downstream water obligations to New Mexico under the Rio Grande Compact, Colorado is anticipating the Rio Grande to finish the irrigation season at 78 percent of what’s normal for flows and 80 percent on the Conejos River, according to Craig Cotten, division engineer for the Colorado Division of Water Resources.

San Luis Valley Groundwater

New conservancy district forms

Winding its way through Colorado Division 3 Water Court is an application from a group of Valley irrigators to form the Southern Colorado Water Conservancy District and Groundwater Management Subdistrict. The initial board of directors would be Art Artaechevarria, William Meyers, and Les Alderete, according to the application submitted to state water court in Alamosa. The formation of a new water conservancy district will allow the group of farmers to manage their own affairs when it comes to meeting Colorado’s rules governing groundwater pumping in the San Luis Valley. Like the Rio Grande Water Conservation District and its subdistrict formations, the new SOCO Water Conservancy District would impose a mill levy tax upon the farms operating within it to pay for its operations and strategy to adhere to the state’s groundwater pumping rules. The Southern Colorado Water Conservancy District has membership among farmers in Saguache, Rio Grande and Alamosa counties. The new water conservancy district will include approximately 250 wells, and in its application it tells the water court that the subdistrict plans to obtain approximately 6,000 acre-feet to augment depletions from wells and estimates it will cost $40 million to obtain the water. There’s a lot more to this developing water story. More in the coming week.

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

Hearing this week on Rio Grande Compact case

The decade-long Rio Grande Compact case of Texas v. New Mexico and Colorado will have a hearing before retired Chief Judge D. Brooks Smith on Wednesday, Oct. 23, in Denver. Smith, who retired as chief judge of the U.S. Third Circuit Court of Appeals in 2021, was appointed new Special Master in the case by the U.S. Supreme Court in July. The appointment came after the U.S. Supreme Court agreed with the U.S. Department of Interior and denied a consent decree that the states had negotiated which would have settled the case. Smith now takes over the case and is expected to set a course of action during the hearing this week.

#Colorado Leading on #Geothermal: Governor Polis Congratulates Colorado Mesa University on Being a Featured Department of Energy Top Case Study

The benefits of this geo-exchange system extend beyond environmental impact. By significantly reducing energy costs—saving millions of dollars each year—CMU is able to keep tuition affordable. These savings directly support the CMU Promise, additional merit aid, more scholarships, and other cost-saving initiatives that benefit students. Photo credit: Colorado Mesa University (June 7, 2024)

Click the link to read the release on Governor Polis’ website (Eric Maruyama):

October 11, 2024

Today, Governor Polis celebrated Colorado Mesa University’s (CMU) nation-leading geothermal heating system for being recognized as one of only 19 case studies across the nation by the Department of Energy as one of the best geothermal systems. 

“Congratulations to Colorado Mesa University for being featured as a U.S. Department of Energy case study for geothermal heating. CMU has one of North America’s largest geothermal heat pump systems and connects 16 buildings, providing 90% of the energy required to operate the campus. Plans are underway to connect the remaining campus buildings, comprising 800,000 square feet, to the central loop to achieve a 100% geothermal campus. CMU’s work is a great example of Colorado’s leadership in providing clean, low-cost energy resources,” said Governor Polis. 

CMU’s gold-standard geothermal system regulates 1.2 million square feet of building space, has saved the university $15.9 million in heating and cooling costs since 2008, and reduces CMU’s carbon footprint by nearly 18,000 metric tons of CO2 each year. As chair of the Western Governor’s Association, Governor Polis’s Heat Beneath Our Feet Initiative focused on advancing innovative geothermal solutions. Earlier this year, Governor Polis announced $7.7 million in awards for 35 Geothermal projects across the state. Governor Polis and the Colorado Energy Office also recently launched Tax incentives to increase Geothermal electricity production. 

#Colorado Supreme Court “slow sip” ruling could affect city water supplies from fast-growing #Greeley to #CastleRock — Fresh Water News

Water stored in Colorado’s 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.

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

October 10, 2024

Nearly 40 years ago, after watching aquifers below Douglas County plunge amid fast growth and heavy use, Colorado lawmakers adopted a “sip slowly” management process that required communities such as Parker and Castle Rock to pump out fixed amounts of nonrenewable groundwater each year in an effort to make the resource last at least 100 years.

Fast forward to 2020. That year, the state directed well owners to sip even slower, explicitly stating how much water their permits entitled them to, and requiring them to stop pumping at the end of that 100-year period if they have fully used the water to which they were entitled when the original well permits were issued.

But Parker and Castle Rock objected, suing the state over the new permitting language. They argued that the original volume estimates used to calculate their annual pumping rates were never meant as formal, total volume limits. Those limits, they argued, could sharply limit their future water supplies because they were essentially a best guess, based on measuring technology that has changed considerably since then.

Aurora and Greeley joined the case, siding with the state. A special water court ruled against Parker and Castle Rock, which together appealed to the Colorado Supreme Court. The high court is expected to issue a ruling in the case before the end of the year, according to spokeswoman Suzanne Karrer.

Under Colorado’s so-called 100-year rule, well owners can extract no more than 1% of the water under their lands each year, pumping all the water within 100 years of the issuance of their permits. But prior to use of the new permitting language, the total volume of water that could be taken out over the life of the permit was never explicitly stated on the permits themselves, though it was used to calculate the annual extraction rate.

State officials said they added the water volumes to ensure wells are regulated in a uniform way and that well owners are informed at the start of that 100-year clock how much actual water they can pump.

Deputy State Engineer Tracy Kosloff explained, via email. “If the amount pumped is less than the annual maximum, the length of time it takes to reach the total allowed withdrawal will be more than 100 years. For instance, if one pumps half of the maximum each year, it will take 200 years to reach the total.”

However, if the maximum allowed each year is pumped, then the permit will expire at the end of the 100 years, and the well owner would have to stop pumping and find other water sources, Kosloff said.

But Parker and Castle Rock argue that water levels in the aquifer vary and that over that 100-year period more water might actually be available to them. Establishing a lifetime limit, especially one based on an estimate and old measuring technology, could deprive them of water to which they are entitled.

Colorado designated groundwater basins.

Colorado is home to several aquifer formations, some of which can be easily recharged via rainfall and snowmelt, and are considered renewable. Others cannot be readily recharged and thus are considered to be nonrenewable. These are known as nontributary aquifers and wells drilled in these areas are at the heart of the dispute.

Sean Chambers, Greeley’s director of water and sewer utilities, supports water regulators’ effort to more closely manage nonrenewable underground supplies by including a specific volume on permits because it will better protect everyone over the long run.

Greeley is planning a major new aquifer storage facility on the Wyoming border known as the Terry Ranch. The city wants to ensure water it stores underground isn’t inadvertently tapped by other users whose pumping could siphon off the city’s supplies, Chambers said via email.

When it became clear in the 1980s and 1990s that the aquifers were in decline, Douglas County communities began reducing the amount of water they were taking out of the aquifers, adding surface supplies from the South Platte River and Cherry Creek, and building multimillion dollar water recycling plants so they can reuse the water they already own.

Parker once relied on nonrenewable groundwater for more than 90% of its supplies, but has since reduced that use to roughly 35%. By 2050, it hopes to drop that amount to 25% of its supplies, according to Ron Redd, manager of the Parker Water and Sanitation District.

Ultimately, Redd said, it’s likely that the state laws on the books now will have to be changed as a result of the dispute.

“If we lose, we will try to run legislation upholding our interpretation of the law,” he said. “We were surprised by this. No one knew it was coming until suddenly we saw this condition on our well permits.”

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.

Water treatment process in Greeley. Graphic via Greeley Water

Modeling the Future of the #ColoradoRiver in a Changing #Climate — Fresh Water News #COriver #aridification

dCrystal Lake with San Juan mountains in the background near the Uncompahgre River – one of the tributaries of the Colorado River. Photo by M. Raffae

Click the link to read the article on the Water Education Colorado website (Raffae Muhammed):

October 11, 2024

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 nation’s 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 – 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 – conditions when there was little to no water infrastructure such as dams, canals, levees, etc., management, and regulations – 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 – 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 Lee’s Ferry in Arizona – 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: 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.

Audubon Supports Yavapai-Apache Nation Water Rights Settlement in #Arizona: Settlement would provide water security for the Tribe, reduce #groundwater pumping, and maintain a flowing #VerdeRiver

Bald Eagle. Photo: Donald Wuori/ Audubon Photography Awards

Click the link to read the release on the Audubon website (Haley Paul):

September 23, 2024

**Este artículo se puede encontrar en español**

Audubon supports the Yavapai-Apache Nation’s water rights settlement and pending legislation, the Yavapai-Apache Nation Water Rights Settlement Act of 2024.  

The Yavapai-Apache Nation and other parties in Arizona have come to a historic agreement with the settlement now before Congress. Not only will this settlement—when passed by Congress and signed by the President—ensure a reliable and sustainable water supply for the Yavapai-Apache Nation in north central Arizona’s iconic “Verde Valley,” it will preserve the Verde River and its precious habitat by reducing reliance on groundwater.  

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

Within the Verde Valley, Audubon has identified four Important Bird Areas, all of which rely on healthy groundwater levels to sustain flowing rivers and streams and the rich plant life and wildlife they support. One of the many benefits of this settlement includes helping to sustain a portion of the Verde River downstream of the Yavapai-Apache Nation that was designated as a Wild and Scenic River by Congress in 1984. 

The settlement is the result of innovative and creative thinking from the Yavapai-Apache Nation, Salt River Project, the Town of Camp Verde, the Town of Cottonwood, the Town of Clarkdale, and others. The settlement includes building a 60-mile water pipeline from C.C. Cragin Reservoir on the Mogollon Rim, north of Payson, increasing the capture of wastewater into sewer systems, boosting the use of reclaimed water, and the potential for regional water planning and collaboration among nearby municipalities and the Yavapai-Apache Nation.  

Audubon Southwest, our regional office in Arizona and New Mexico, is also part of the Water for Arizona Coalition. In 2022, Water for Arizona outlined a vision for how to improve Arizona’s water outlook, called the Arizona Water Security Plan. One of the six key tenets is: Continue to support Tribes in resolving Tribal water issues. This settlement is a key milestone as Arizona works to improve its overall water security. 

It is long past due for the Yavapai-Apache Nation to have secure and reliable water supplies, and this settlement is a monumental step forward for their growing community. Bipartisan, bicameral legislation to enact and fund the settlement is sponsored by Arizona’s Senators Kelly (D) and Sinema (I) in the U.S. Senate. Representative Schweikert (R) introduced the U.S. House bill, cosponsored by Representatives Ciscomani (R), Lesko (R), Stanton (D), and Gallego (D).  

Audubon supports the passage of the settlement legislation and the provision of approximately $1 billion to ensure the project is brought to completion. As part of our support, we sent a letter to Arizona’s Congressional delegation, which you can view below. 

Map of the Verde River Watershed. Created with the free Global Watersheds web app and data from the United States Geological Survey. Permalink to interactive map: https://mghydro.com/watersheds/shared/824CBE.html. By Mheberger – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=151809415

Despite years of retiring wells, unconfined aquifer shows little sign of bouncing back: Strategy comes under question as August reading shows aquifer at its lowest storage level — @AlamosaCitizen #RioGrande

Sunset September 10, 2024 in the San Luis Valley. Photo credit: Alamosa Citizen

Click the link to read the article on the Alamosa Citizen website:

September 21, 2024

hen the state of Colorado created the Groundwater Compact Compliance Fund with $30 million earmarked for recovering the aquifers of the Upper Rio Grande Basin, there was an intention to steer a good portion of the money toward irrigators working in Subdistrict 1 of the Rio Grande Water Conservation District.

Whether the strategy will work is under question. Last month’s reading of the unconfined aquifer storage levels shockingly showed it at its lowest point, despite millions in tax dollars that have been spent to retire groundwater wells.

San Luis Valley Groundwater

The motivation behind Senate Bill 22-028 was to use state tax dollars to continue to dry out farming fields located in the most productive area of the San Luis Valley because that’s where the depleted unconfined aquifer of the Upper Rio Grande Basin runs through. For the past two decades the state Division of Water Resources has been working with Rio Grande Water Conservation District and the farmers and ranchers who operate in Subdistrict 1 to reduce the amount of groundwater they pump each growing season to help recover the struggling aquifer.

The 2022 state senate bill would bring new money into the effort. Of the $30 million allocated from Groundwater Compact Compliance Fund to the Upper Rio Grande Basin, nearly $14 million has been directed to retire 44 more groundwater wells in Subdistrict 1, with more money likely to come to further the strategy.

The state monitors the amount of groundwater pumped with flow meters tied to center pivot sprinklers which water the fields. The meter reading will tell the farm operator how many acre-feet of water they’ve used during the irrigation season, and each fall figures from those flow meters are reported to the state.

The assumption has been that by reducing the amount of groundwater pumped from the unconfined aquifer, the aquifer would recharge over time. Over the past decade, it appeared the strategy had validity with the aquifer at times showing a bounce back.

Then came the reading from this August which showed the unconfined aquifer storage near its lowest level, and state and local water managers found themselves scratching their heads in disbelief and frustration.

“It is disappointing to see that the aquifer has dropped lower this year. We had hoped to see an increase in aquifer levels, but another lower-than-average river flow year meant that less water was available to recharge the aquifers,” said Craig Cotten, the state division water engineer in the San Luis Valley. 

The continued decline in unconfined aquifer levels is the reason the state engineer this year approved a new Groundwater Management Plan that is included in the Subdistrict 1 Fourth Amended Plan of Water Management. The plan was more than a year in the making and still needs approval from the state water court to go into effect. That won’t happen at the earliest until sometime in 2026.

Meanwhile, the clock is ticking.

“It is very concerning, especially given that Subdistrict #1, under its current plan, has just seven more years in which to recover the unconfined aquifer to a sustainable level. If the aquifer has not recovered by then, and if the subdistrict is still operating under its current Groundwater Management Plan, then the State Engineer will have no choice but to curtail all of the non-exempt wells in this area,” Cotten said.

There are several “ifs” in that scenario, all of which should get addressed when the state water court takes up the new Groundwater Management Plan for Subdistrict 1. But again, that’s not until 2026, and the clock, as Cotten mentions, is ticking.

Amber Pacheco, deputy general manager for the Rio Grande Water Conservation District, said there are 3,614 wells included in the Subdistrict 1 annual replacement plan. The idea that the state would come in and shut those down because farmers couldn’t recover the unconfined aquifer to a sustainable level is the constant worry Subdistrict 1 farm operators work under.

“There is no specific timeline in which the Subdistrict will meet its objective to reach a Sustainable Water Supply by reaching an Unconfined Aquifer Storage Level between 200,000 and 400,000 acre-feet below that storage level that was calculated to exist on January 1, 1976, but it may be 20 years or less depending on the hydrologic conditions following the period the new plan is implemented,” Pacheco said.

Take a drive down County Rd E or any of the other country roads that cross through Rio Grande and Alamosa counties and you’ll notice the Valley’s potato harvest in full swing. Take a bit closer look, and in the midst of the harvested fields is a growing amount of agricultural acreage once productive that is now intentionally dried out to save on the groundwater below.

The last days of the potato harvest. Photo credit: The Alamaosa Citizen

With the unconfined aquifer showing little to no bounce back after years of attempted recovery, the expectation is that the western and northern ends of the San Luis Valley will see more dry fields in the growing seasons to come. The money spent through the state’s Groundwater Compact Compliance Fund to retire more groundwater wells will begin to show up in the 2025, 2026 planting seasons and beyond.

As Cotten said, Subdistrict 1 is “one of the most productive irrigated farming areas in the state.” 

Farming with a struggling aquifer is making it less so.

From The Citizen’s water archives:

Albuquerque Bernalillo County Water Utility Authority unimpressed by Air Force cleanup plan: ‘Not included’ in plan for mitigating 20th-century leak — City Desk Albuquerque Journal

Monitoring wells being drilled near KAFB (Roberto E. Rosales / The Paper.)

Click the link to read the article on the City Desk Albuquerque Journal website (Rodd Cayton):

September 9, 2024

The U.S. Air Force has a plan for cleaning up a decades-old jet fuel spill from a base near Albuquerque.

However, the local water authority said last week that the plan is inadequate, in part because it scales back current remediation efforts and doesn’t mention how the Air Force will address sudden issues.

In 1999, officials discovered a fuel leak, assumed to be more than 24 million gallons, in the jet fuel loading facility at Kirtland Air Force. The leak could be twice the size of the infamous Exxon Valdez oil spill of 1989, according to the Global Atlas of Environmental Justice.

It’s unclear when the leak – the largest underground toxic spill in U.S. history – first occurred, but it had been spilling fuel into the ground for decades by the time it was discovered, according to Kelsey Bicknell, environmental manager at the Albuquerque Bernalillo County Water Utility Authority.

An Air Force report says existing measures have prevented further migration of the fuel contaminants and that officials are regularly taking groundwater samples to ensure that drinking water remains safe both on and off-base.

Bicknell said there are concerns with the way the Air Force plans to go forward, including a lack of forward-looking analysis and the absence of a “trigger action plan” that identifies possible changes and prescribes a response to those changes.

She told the water authority’s Technical Customer Advisory Committee that the fuel soaked its way through almost 500 feet of soil, and ultimately reached the water table, where rock wouldn’t permit it to drop further. Then, she said, it began to pool underground.

Bicknell said the fuel not only contaminated the groundwater but also released volatile vapor into the nearby atmosphere.

She said the Air Force used a vapor extraction system to clean up more than a half-million gallons of fuel.

“This was a really successful system,” Bicknell said, adding that the program was shuttered after about a decade.

Bicknell said the Air Force is now using a groundwater pump-and-treat system that targets the dissolved fuel components that have moved away from the source of the leak and area. There are also four extraction wells, brought online between 2015 and 2018; they draw out and treat groundwater.

Bicknell said the Air Force has announced plans to turn off two of the wells. But that was done without input from the water authority and without including the agency in decision-making.

Air Force representatives did not immediately respond to phone and email requests for comment.  

Bicknell said the goal now is to try to get the Air Force to reverse its decision before the wells are shut down. State and federal regulators have jurisdiction over the cleanup plan, she said, but the water authority cannot veto what the Air Force wants to do.

“Ultimately, we’re the water carrier, the ones that are impacted,” Bicknell said. “If the Air Force messes up, it is our source water that’s impacted, and it’s us that lose out on access to a supply source, so including us in the room and in project discussions and decision-making is something that is paramount.”

Mt. Emmons land exchange finalized — @AlamosaCitizen

Northern slope aspects below Mt. Emmons summit Credit: US Forest Service

Click the link to read the article on the Alamosa Citizen website:

September 13, 2024

The U.S. Forest Service has finalized a land exchange with Mt. Emmons Mining Company located in Gunnison and Saguache counties.

Under the agreement, finalized on Aug. 29, the Forest Service exchanged 539 acres of federal land located adjacent to the Keystone Mine for 625 acres of land owned by Mt. Emmons Mining Company located within the Grand Mesa, Uncompahgre and Gunnison National Forests and Rio Grande National Forest. 

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.

The land exchange allows the Forest Service to improve wildlife habitat and recreation opportunities by reducing private inholdings and creating more contiguous public land. The parcels acquired by the Forest Service include riparian and wet meadow habitats, which are vital to various bird and aquatic species.

Additional benefits of the land exchange include an established Conservation Easement and Mineral Extinguishment Agreement, prohibiting mining and allowing for non-motorized recreation in the future. It allows Mt. Emmons Mining Company to address mining remediation efforts, including water quality and facilitated the transfer of ownership and administration of the Kebler Winter Trailhead to Gunnison County.

“We are pleased to see this momentous exchange finalized,” said Dayle Funka, Gunnison district ranger. “This project was truly a collaborative effort with local non-profits, private landowners and local and federal governments working to benefit future generations. We encountered obstacles throughout the process but found ways to move forward in the spirit of collaboration. As a result of many people’s dedication and perseverance, this land exchange will enhance public access and enable future non-motorized recreational opportunities. I commend the Mt. Emmons Mining Company for their commitment to mining remediation efforts and water quality, while honoring the values of the community.”

Read the final agreement: FINAL_Mt-Emmons_LEX-MPR_02-02-2024_Signed.NS.06.28.2024

For more information on the project, visit the Mt. Emmons Land Exchange project website https://www.fs.usda.gov/project/?project=61798 or view the Mt. Emmons Land Exchange story map online where you can examine the parcels and read a brief, informative description of this intricate and valuable lands project.

Map of the Gunnison River drainage basin in Colorado, USA. Made using public domain USGS data. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69257550

#Colorado gets $225,000 from Centers for Disease Control to measure lead, #PFAS exposure: State is working with #Arizona, #NewMexico and #Utah — The #Denver Post

A whistleblower and watchdog advocacy group used an EPA database of locations that may have handled PFAS materials or products to map the potential impact of PFAS throughout Colorado. They found about 21,000 Colorado locations in the EPA listings, which were uncovered through a freedom of information lawsuit. Locations are listed by industry category. (Source: Public Employees for Environmental Responsibility analysis of EPA database)

Click the link to read the article on The Denver Post website (Meg Wingerter). Here’s an excerpt:

Colorado will receive $225,000 each of the next three years to monitor exposure to lead in rural residents and to “forever chemicals” in people who encounter them at work. The Centers for Disease Control and Prevention made grants to Colorado, Arizona, New Mexico and Utah for “biomonitoring,” which refers to testing blood or other bodily fluids for chemical contamination. The grants will allow them to test the amount of lead and other heavy metals in rural residents’ blood, while testing for per- and polyfluoroalkyl (PFAS) will focus on firefighters and other people in jobs where they frequently use the chemicals.

Hualapai Tribe sues feds over lithium mining project near sacred spring — #Utah News Dispatch

Exploratory wells have damaged the water flow at Ha’ Kamwe’ in Wikieup, Arizona, seen here on Saturday, March 5, 2022. Ha ‘Kamwe is a hot spring sacred to the Hualapai Tribe, which says an Australian company’s proposed lithium mining project threatens. (Photo by Ash Ponders/Earthjustice)

Click the link to read the article on the Utah News Dispatch website (Shondin Silversmith):

August 19, 2024

For years, the Hualapai Tribe tried to work with the U.S. Bureau of Land Management by actively voicing their concerns about a lithium exploration project near Wikieup, in northern Arizona.

The project allows a mining company to drill and test over 100 sites across BLM land that surrounds one of the Hualapai Tribe’s cultural properties, among them Ha’Kamwe’, a medicinal spring sacred to the tribe.

Ha’Kamwe’ is featured in tribal songs and stories about the history of the Hualapai people and their connection to the land. The historic flow and spring temperature are important attributes for its traditional uses, according to the tribe.

Out of concern for Ha’Kamwe’, the tribe submitted multiple public comments, sent several letters of concern and participated in tribal consultations with BLM throughout the planning phase for the Big Sandy Valley Lithium Exploration Project. Big Sandy, Inc., a subsidiary of Australian mining company Arizona Lithium, leads the project.

“It doesn’t feel like the BLM really heard us or took our comments into full consideration,” said Ka-voka Jackson, the director of the Hualapai Department of Cultural Resources, adding that the tribe often felt as if it was “never taken seriously.”

Big Sandy, Inc. has been seeking approval for its project since 2019, and the Hualapai Tribe has been voicing its concerns every step of the way. However, their efforts still fell flat, as BLM gave the project the green light on June 6.

BLM’s approval of the Big Sandy Valley Project allows the mining company to drill and test up to 131 exploration holes across 21 acres of BLM-managed public land to determine whether a full-scale lithium mining operation could be viable.

Two months later, the Hualapai Tribe filed a lawsuit against the Bureau of Land Management, challenging its approval.

Lawsuit: BLM refused to consider alternatives

Ha’Kamwe’ is located within the Hualapai Tribes property known as Cholla Canyon Ranch, and the boundaries of the Big Sandy Valley project nearly surround the entire property.

Only one portion of the tribe’s land does not border the drilling project. Jackson said it’s “surprising, appalling and, frankly, disgusting” that the BLM is trying to say there are no adverse effects on the tribe’s cultural property or cultural resources.

“The tribe maintains that we are opposed to this project,” she said. “This lawsuit is to make sure that BLM is going through the proper processes.”

“These exploratory wells — some of which will be drilled close to Ha’Kamwe’ — will penetrate deep below ground into the aquifer that supports the spring’s flows,” the lawsuit states. “The Project will also create noise, light, vibrations, and other disturbances that will degrade Ha’Kamwe’s character and harm Tribal members’ use of the spring for religious and cultural ceremonies.”

The lawsuit claims that the project violated mandates under the National Environmental Protection Act and the National Historic Preservation Act. Ha’Kamwe’ is recognized as a traditional cultural property and is eligible to be listed on the National Register of Historic Places.

“The litigation is asking for full compliance with the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA),” said Earthjustice Senior Attorney Laura Berglan, who is part of the team representing the Hualapai Tribe.

This includes BLM taking a “hard look” at the environmental impacts of the exploration activity, as well as considering the impact of its actions on historic properties, she said.

The lawsuit claims that BLM approved the mining project without appropriately considering a reasonable range of alternatives or taking a hard look at water resources under the NEPA and moved forward with the project without providing mitigation measures under the NHPA for Ha’Kamwe’ and other resources important to the tribe, thus violating both acts.

“This isn’t a situation where the tribe wasn’t engaged throughout,” Berglan said, adding that the Hualapai Tribe had provided BLM with traditional Indigenous knowledge related to the project. Still, it was not fully taken into account.

Berglan said the tribe has been trying to work with BLM for years, and has committed a substantial amount of time and resources to review drafts of the environmental assessments and submit extensive comments.

“A lot of time has gone into this process, and to be sort of disrespected by not taking into account their Indigenous knowledge that this (project) is going to have impacts on Ha’kamwe’ is troublesome,” she added.

The lawsuit argues that the tribe even asked BLM to consider alternatives to the project — such as drilling fewer wells or moving them farther from the spring — to reduce its adverse effects. However, BLM refused to consider a reasonable range of alternatives to the project proposal.

“BLM violated NEPA by failing to consider a middle-ground alternative that would address the tribe’s concerns,” the lawsuit states

The Arizona Mirror contacted BLM for comment on the lawsuit, but a representative said the bureau does not comment on pending litigation.

‘We were ignored’

Jackson said that the Hualapai Tribe does not want this mining project to happen, and like many other tribes in Arizona, they are experiencing just how hard it is to stop mining operations in the state.

“We submitted all our comments,” Jackson said. “We were ignored.”

Jackson said the tribe filed the lawsuit because it believes BLM did not follow the proper processes during the Sandy Valley project’s environmental analysis phase.

“Not all of those comments were addressed, and when the (environmental assessment) had been finalized, the BLM said there were no adverse effects on historic property, which is very contradictory to all the tribe’s comments that have been submitted to the BLM,” Jackson said.

Jackson said that before BLM finalized the environmental assessment, the tribe tried to stay in constant communication with the bureau to stay current on the project and were hopeful the bureau would consider their comments, but did not hear back.

“It’s been very upsetting for us,” Jackson said, adding that it’s been hard for the tribe because they are going up against an agency that has a lot of their ancestral homelands in their legal possession.

Dolores Garcia, the public affairs specialist at the BLM Arizona State Office, said in an email to the Mirror that BLM conducted outreach to tribes for consultations over the past three years. Details on the type of outreach efforts were not provided.

The tribes include the Chemehuevi Indian Tribe, the Colorado River Indian Tribes, the Fort Mojave Indian Tribe, the Hopi Tribe, the Hualapai Tribe, the Navajo Nation, the Salt River Pima-Maricopa Indian Community, the Yavapai-Apache Nation and the Yavapai-Prescott Indian Tribe.

“Tribal consultation is considered confidential government-to-government communication, so we cannot discuss specific details related to consultation,” Garcia said.

However, Garcia said that, based on input from the tribes and the public, BLM worked with the proponent to revise its exploration plan, which included removing the use of a groundwater well within a few hundred feet of Ha’Kamwe’ and a nearby staging area.

“Water needed to support the drilling operations will be trucked to the site,” Garcia said. “The proponent has also committed to providing the opportunity for the Hualapai Tribe and other descendant tribal communities to monitor ground disturbing activities onsite.”

Jackson said their experience with how BLM moved forward on this lithium project did not give the tribe much faith in potential future projects.

She said when projects like Big Sandy Valley get proposed in the area, the tribe hopes that the BLM will come to work with them and take their comments seriously because they have been the stewards of the land for generations.

“We still use Ha’Kamwe’ as a community,” Jackson said. “When people go there, they have this sense of being, a sense of place, a sense of belonging, and a really deep ancestral tie there.”

‘Temporary’ disruptions don’t need permanent fixes, BLM says

As part of its environmental assessment, BLM listed several short- and long-term effects, including the temporary disruption to cultural practices at or near Ha’Kamwe’ and the impact on native wildlife and vegetation of up to 21 acres.

Even with these effects included in the assessment, which are concerns the Hualapai Tribe has brought up multiple times, BLM concluded that the Big Sandy Valley project would not significantly impact the quality of the area and an environmental impact statement was not needed.

“Visual, noise, and vibration effects from drilling activities would be temporary,” the BLM wrote in its final report. “Coordination with and providing notice to the Hualapai Tribe of drilling activities in the vicinity of the Ha’Kamwe’ may reduce impacts to cultural practices at or near the hot spring.”

Jackson said the tribe and its members have every right to be out at Ha’Kamwe’ utilizing the spring for prayer and healing because it is part of their spirituality and religion. Tribal members have full access to the property and can use it whenever necessary.

“Having that type of noise occurring is really disrupting,” she said. “It takes away from a lot of the spirituality and ability to practice ceremony in peace.”

Jackson said the tribe will have to deal with the disruptions throughout the project’s 18-month duration.

“That’s a long time for tribal members to be affected, and that disrupts all of our activities,” she added. “It disrupts our spirituality.”

The drilling project threatens not only ceremonial ways of life but also natural resources the tribe relies on. Jackson said the community gathers native plants only found in the Big Sandy Valley area, including willows for basket making, traditional tobacco, and clay.

“Those plants coming from that area have meaning,” she said, and they are the same native plants their ancestors gathered from.

“When we gather, we’re not restricted to just the Hualapai property,” Jackson said because tribal members gather on the public BLM land in the area, too.

“That’s our right as people to be able to go out there and gather,” she added, and the bulldozing that will occur to create the paths to the drilling sites will have an impact. “The desert will never recover from all that.”

Jackson said part of what makes the area sacred for the tribe is maintaining the integrity of the land, and the tribe feels that the mining operations will permanently change the location.

They’re concerned about how the project will impact the spring because the drilling will occur so close to the site.

According to BLM, to minimize impacts on Ha’Kamwe’, a water source that was previously proposed to be used for the project has been removed from the plan, and a staging area that would have been set up near Ha’Kamwe’ has also been removed.

“Analysis of water resources has determined that the water source for Ha’Kamwe’ is located in a deeper aquifer,” the report states. The proposed drilling is not anticipated to reach the aquifer, according to BLM, and if water is intersected during the drilling, the hole shall be plugged using cement grout or bentonite clay.

Jackson said the tribe does not think that is good enough because if the mining hits the water and does utilize bentonite clay or cement grout, there is no guarantee that it won’t have an adverse effect or potentially block off the underground water that flows through the spring.

“If the temperature were to be affected that’s changing the entire character of the spring and the integrity of it,” Jackson said, which is a big deal for the tribe because Ha’Kamwe’ translates to “warm spring.”

“We’re going to try every way we can to try and stop this operation,” Jackson said, adding that this is the first lithium mining project of its kind on their homelands and they’ve opposed it the entire time.

“It’s kind of scary looking into the future, seeing how these mining companies can kind of get away with this and how the BLM is letting it happen, even when they know how it will negatively impact the tribes and the tribe’s sacred lands,” Jackson said.

Water treaty between #Mexico and U.S. faces biggest test in 80 years — National Public Radio #RioGrande #ColoradoRiver #COriver #aridification

Rio Grande in Albuquerque, Aug. 4, 2023. Photo by John Fleck

Click the link to read the article on the National Public Radio website (Bria Suggs). Here’s an excerpt:

August 16, 2024

Eighty years ago, the United States and Mexico worked out an arrangement to share water from the two major rivers that run through both countries: the Rio Grande and the Colorado. The treaty was created when water wasn’t as scarce as it is now. Water from Mexico flows to Texas’ half-billion-dollar citrus industry and dozens of cities near the border. On the Mexican side, some border states like Baja California and Chihuahua are heavily reliant on the water that comes from the American side of the Colorado River.

Now, those water-sharing systems are facing one of the biggest tests in their history. Mexico is some 265 billion gallons of water behind on its deliveries to the United States. Unpredictable weather patterns due to climate change, growing populations, aging infrastructure and significant water waste have left both countries strapped for water and have escalated tensions along the border. Maria-Elena Giner is the U.S. commissioner of the International Boundary and Water Commission, the binational agency that oversees the 1944 water treaty and settles disputes. Mexico is “at their lowest levels ever” in the treaty’s history, Giner said. The treaty operates in five-year cycles, and the current deadline for deliveries isn’t until October 2025.

But “the question is that they’re so far behind, it will be very difficult, if not statistically impossible, for them to make up that difference,” Giner said…

To address the water scarcity in Texas, officials last year proposed a solution: a treaty “minute,” or amendment, that would allow Mexico to pay water directly to South Texas instead of giving two-thirds to the Mexican state of Tamaulipas first, as currently specified in the treaty. But quenching the thirst in South Texas ahead of its own citizens was likely a nonstarter ahead of Mexico’s presidential election this year. Negotiations on the treaty changes were completed and both countries were set to sign last December, but Mexico has yet to receive official authorization to do so, said Giner, of the International Boundary and Water Commission.

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

2024 #COleg: #Colorado Water Quality Control Commission to kick off high-stakes wetlands regulatory process Sept. 4 — Jerd Smith (Fresh Water News)

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

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

August 28, 2024

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.

Colorado’s 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.

“For 50 years we all depended on the Clean Water Act to protect our watersheds,” said Stu Gillespie, an attorney with EarthJustice who helped negotiate House Bill 1379. “But 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 don’t lose any more wetlands and streams.”

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 Environment’s 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 state’s 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 OK’d 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.

“We’ve always understood that we needed a permitting process in place,” Kirkmeyer said Aug. 20 at a meeting of the Colorado Water Congress. “But we also need safeguards to ensure there is oversight at the JBC so we can ensure permits are being processed in a timely manner.”

More by Jerd Smith

Wetlands, which are havens of biodiversity, offer priceless ecological benefits. (Photo Credit: John Fielder via Writers on the Range)

Romancing the River: The Headwaters Challenge — George Sibley (SibleysRivers.com) #ColoradoRiver #COriver #aridification

Click the link to read the article on the Sibley’s Rivers website (George Sibley):

August 29, 2024

An Apology: Our service that sends these posts hs malfunctioned; this one sat in limbo for the past two weeks. I hope we have things back to where we can again get it to you every 3-4 weeks.  – George

In the last post here, with the Colorado River’s Upper and Lower Basins in stalemate over how to distribute the suffering after the 2026 expiration of the Interim Guidelines, I suggested we use the time to do what we’ve all been saying we need to do, but find it hard to do: ‘think outside the box.’ The ‘box’ in this case being the Colorado River Compact. We can go back to Monday-morning-quarterbacking the rivermeisters as they try to figure out how to drag the Compact, its misbegotten two-basin division and its Marley’s-chain Law of the River into the 21st century. But for the moment – let’s just indulge in imagining river scenarios that might actually reflect Colorado River realities in the 21st century.

​In the last post (click if you need a review) I sketched out the nature of the ‘desert river,’ which is what the Colorado River is. Rivers flowing through deserts only exist at all because of mountains or other highlands that force air moving through (as in ‘prevailing westerlies’) to rise, cool, and condense whatever water vapor it is carrying into precipitation, rain or snow, that falls on the mountains and eventually flows downhill because that’s what liquid water does, eventually coalescing into a river. In this case, it flows out into deserts which by definition are arid regions with a paucity of precipitation and a powerful propensity for turning liquid water back into vapor. Once the desert river is in its desert, it begins to disappear because it gets so little recharge from precipitation beyond its mountain origins, and gives up its water to riparian life, to evaporation, to groundwater.  We can say with some accuracy that it is the nature of a desert river to gradually disappear into its deserts – as liquid water, anyway.

​The Colorado River is a true desert river; the mountains and highland plateaus surrounding the natural basin produce 85-90 percent of the river’s total water supply, according to the Western Water Assessment study of the ‘state of the river science.’ Now it almost entirely disappears in the deserts of the Southwest – the high ‘cold deserts’ of the Colorado Plateau and Southern Rockies piedmont, and the subtropical Sonora and Mojave Deserts below the plateau canyons. This is mostly due to human uses now; we remember with nostalgia that the Colorado River flowed naturally into the Gulf of California, but that was mostly during its snowmelt flood season; by late fall and through the winter there were probably many years when it did not make it through the delta jungle to the Gulf at all.

​The Compact experience should make us all leery of dividing a river into basins. But the way a desert river works suggests a natural division into two parts – as opposed to a two-basin political division, using state boundaries that have no relevance to down-on-the-ground geography. The natural division is a water-production region, in the highlands where the majority of the precipitation falls and the river forms its tributaries; and a water-consumption region, in the deserts where that produced water gradually disappears – especially now that humans are spreading it much farther than nature ever intended.

Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism

​Today, we’ll go to the headwaters, to explore the river’s ‘water-production’ region. The major water-production region for the Colorado River lies almost entirely above the 8,000-foot elevation, mostly on the west slopes of the Southern Rockies in Colorado and Wyoming, but also water from the Wind Rivers in Wyoming, and the east slopes of the Wasatch Range in Utah, and the high plateaus and mountains of eastern Arizona and western New Mexico that give Arizona the Gila River.

​The Western Water Assessment graphic below basically shows the water-production region for the Colorado River (whose natural basin is the black line). ‘April 1 SWE’ is the ‘snow water equivalent on April 1,’ the amount of water in the snowpack that constitutes the majority of the river’s water. Late March to early April is generally presumed to be the time of the highest snowpack in the mountains and other highlands surrounding the upper reaches of the River, so a map of the ‘April 1 SWE’ is a passable map of the river’s water-production area. The blue areas (inside the black line) are less than 15 percent of the 245,000 square-mile River Basin, and as you can see, it is not a contiguous area – just the places that rise high enough to make the moving air give up to the highlands its moisture as rain or snow. Water management decisions throughout the Basin begin to be made on the basis of the April 1 SWE. (The gray lines, by the way, are watershed boundaries for different tributaries and divisions of the river, not the waterways themselves.)

​You’ll note that the adjacent averaged annual ‘Runoff’ map indicates that considerably less water flows out of the water-production region than the ‘April 1 SWE’ map shows. Scientists have found that the amount of water that actually makes it into the Colorado River is only a fraction of the water that falls in the river’s water-production region. The Western Water Assessment’s study of the ‘State of the Science’ on Colorado River climate and hydrology claims that on average around 170 million acre-feetof water falls on the Colorado River Basin annually, with the largest portion of that falling on the highlands of the water-production area – yet the river carries on average less than a tenth of that precipitation. What happens to the rest of it?

​The short answer there is, the sun is what happens to it: the sun gives, and the sun takes away. The sun distills pure water vapor from the oceans, and the winds (also created by the sun) carry that vapor over the land areas, where begins the ‘dance’ I described in the last post, as water vapor gets pushed up against mountain slopes and condensed to precipitation which falls on the mountains as rain or snow – where the sun and winds quickly go to work on trying to transform it back to vapor.

This begins even in the depths of winter, in sub-freezing weather: the sun beating down on a ‘solid’ snowpack releases enough heat energy to turn the snow crystals directly to water vapor, without going through the liquid state – a process called sublimation. Sublimation happens when a snowpack is directly exposed to the sun; it also happens when the wind blows the snow around breaking down the ice crystals; and it happens when coniferous tree branches intercept and hold the falling snow or rain, which is vaporized off the branches by the sun. On a day of brilliant sun, fairly common in the water-production region, you can actually see ‘steam’ – water vapor – rising where snow sits on an exposed darker surface – rocks or branches. And all of this in temperatures below freezing.

The East River Valley, northwest of the historic town of Gothic, home to the Rocky Mountain Biological Laboratory. The mountain with the pointed peak in the distance is Mount Crested Butte. Photo credit: Mark Stone/University of Washington

​A major study of the water-production area is underway in the Upper East River valley near Crested Butte, as part of a U.S. Energy Department ‘bedrock to upper atmosphere’ study of water and energy; it includes what is probably the most intensive study of sublimation ever assembled. The science team is mainly working on sun and wind sublimation in open areas; early results suggest that around 10 percent of a winter snowpack disappears through that form of sublimation. Losses from branch interception might be as large as that or larger. Guesstimates over the years suggest that as much as a third of the precipitation that falls might disappear through sublimation of ‘solid’ snow to water vapor through the course of a winter.

The snowpack is only ‘safe’ from sublimation where it gets some protection from the sun and wind. Snow that makes it down to the ground in forested areas – not intercepted by branches – is sheltered somewhat from the sun and wind. ‘Aspect’ (location on the mountain) is also important: snow on the north and east slopes of mountains may never see the direct sun all winter, although it will feel the wind.

​Eventually winter turns to not-winter, and the accumulated snowpack begins to melt as the air generally warms (with sublimation also ratcheting up with heat). One of three things will happen to the resulting ‘snow water.’ Where slopes are steep or rocky or both, a lot of the water melting out will become runoff – water running off under the affluence of gravity: trickles run together and find their way into the stream flowing out of the watershed, streams meeting other streams in ever larger watersheds until rivers flow out of the mountains into the water-consumption region where they are quickly put to work by farmers and ranchers.

​Back up to the melting edge, however – if it can, the water melting out of snow will not run off but will sink into the ground, the preferred alternative for the ‘life project’ on the planet (but not always for the human users). How much water runs off, and how much sinks in, depends on how fast the snow melts and how steep or rocky the slope.

The water that sinks in – groundwater – passes first into a soil area laced and spaced by the roots of all the plant life living on the surface, from little tundra miniatures to great trees. This is variously called the ‘vadose zone,’ the interflow, or most plainly, the unsaturated zone. The roots in the unsaturated zone will take up a lot of that water for their plants to use: some of it will go into the plant’s structure and systems, but most of it – as much as 95 percent of it – will be transpired by the plant: emitted into the atmosphere as water vapor, a kind of air-conditioning system that increases with higher temperatures.

​For big old spruces in the subalpine forest, transpiration might be around 80 gallons a day on average (more on a warmer day); for lodgepole pine, maybe 40 gallons a day. That might not sound like lot, a mere 0.0002 of an acre-foot. But next time in the mountains, look at a forested slope across a valley, and try to estimate the number of trees there to the nearest thousand….  

​In addition, any time the flowing or standing water is exposed to the sun, the sun takes a cut through straight evaporation. Evaporation also increases with temperature. One of the East River project researchers, Dr. Rosemary Carroll, claims in a research paper that, in a typically dense montane forest, the total evapotranspiration (evaporation plus transpiration) can add up to equal the precipitation that fell on the forest.

So it becomes clear that the water produced in its mountains for the Colorado River is a ‘net’ figure – precipitation minus natural depletion from a) a winter of sublimation every day the sun shines, b) evaporation of water melted from snow when exposed to the sun, and c) transpiration by the forests of the water making its way underground.

​But we have to then add back in the groundwater that makes its way down through the unsaturated zone to a saturated zone below most of the thirsty roots. The top of the saturated zone is called the water table, which rises and falls with the amount of water saoking into the ground. Water in both the unsaturated and saturated zones filters its way downslope pulled by gravity and pushed by more water coming in above.

​Eventually it will makes its way to the bottom of the watershed where the stream flows; there, if the water table is higher than the stream level, the groundwater will feed into the stream. Scientists have figured out how to tell from a sample of stream water how much of it is runoff, and how much has come through the groundwater route; over a good water year with healthy water tables, the ratio of groundwater to runoff will be about 50-50, with runoff being greater during the spring flood season and groundwater dominating the fall and winter flows.

​Carroll notes in the same paper that the journey of groundwater to the stream might be very leisurely; while some of it might make its way through the cobble found in many mountain valleys in a matter of days, water that sinks into cracks and interstices in more solid rock might not show up in the stream for a century – or never, unless someone drills into the rock and installs a pump.  

​In the final tally, about one-fifth of the precipitation that falls in the high headwaters emerges as water for the river. Another portion of it is in ‘longterm storage’ as groundwater in aquifers. But the rest, probably more than half of it, has gone back to the vaporous state of water. The sun giveth, and the sun taketh away.

​The ‘Headwaters Challenge’ ought to be obvious. We can’t do a lot about what happens up in the alpine tundra – but are there management strategies for the forests we could employ that might cut down on the amount of water we lose to the sun there, increasing the net water production even a little to compensate for what we are losing to the warming climate? That’s the romantic exploration I’m on these days, reading a lot of scientific papers I only partially understand. I may or may not be ready to say anything about this in the next post – but I wanted to get the challenge in front of those who read this, to ask if any of you have any ideas….

Meanwhile – the apparent preference of the sun for water in the vaporous state should probably make us a little nervous. Obviously, the warmer it gets, the more water gets sublimated, evaporated and transpired – and we seem to be doing all we can to make the world warmer. Not a good survival strategy for species dependent on liquid water, even though we are convinced we cannot survive without the things whose byproducts make the world warmer…. That’s a bigger challenge facing us all.

Map credit: AGU

#California judge issues first-of-its-kind ruling to rein in #groundwater pumping — The San Francisco Chronicle #PublicTrust

Creating a balance of water that’s taken from aquifers and water that replenishes aquifers is an important aspect of making sure water will be available when it’s needed. Image from “Getting down to facts: A Visual Guide to Water in the Pinal Active Management Area,” courtesy of Ashley Hullinger and the University of Arizona Water Resources Research Center

Click the link to read the article on The San Francisco Chronicle website (Kurtis Alexander). Here’s an excerpt:

As Californians pump increasing amounts of water from the ground, sometimes siphoning flows from the rivers above and hurting fish, wildlife and other water users, an old state law is proving to be a new and successful means of reining in excessive pumping. A Superior Court judge ruled last week that Sonoma County must do more to ensure responsible groundwater pumping under the state’s Public Trust Doctrine. The historical doctrine holds that rivers, creeks and other waterways must be protected for the public. Groundwater has only recently been considered part of the Public Trust Doctrine, as the hydrological connection between waterways and below-ground water supplies has become clear. The new court decision is likely the first to enforce this. The ruling will not only require Sonoma County to revisit and perhaps rewrite its ordinance for permitting groundwater wells, but it could set the stage for other counties to similarly step up regulation for groundwater pumping. With aquifers being overdrawn across the state as above-ground supplies get squeezed, environmentalists are optimistic that this will be the case.

“This ruling is particularly welcome given steadily growing groundwater pumping, declining natural resources and a changing climate that is making droughts deeper and longer,” said Barry Nelson, founder of the consulting company Western Water Strategies. “We hope this decision will be followed by counties statewide so that they start considering impacts on surface flows more seriously when permitting groundwater pumping.”

SCOTUS appoints new special master in #Texas v. #NewMexico #RioGrande case — Source NM

A Rio Grande sign at Isleta Blvd. and Interstate 25 on Sept. 7, 2023. The U.S. Supreme Court appointed a new special master to oversee the case, after their June ruling blocking a proposed deal. (Photo by Anna Padilla for Source New Mexico)

Click the link to read the article on the Source NM website (Danielle Prokop):

August 26, 2024

The U.S. Supreme Court appointed a new judge to oversee the Rio Grande water dispute between Texas and New Mexico.

The case will continue on after the high court’s June ruling dismissed a deal between New Mexico, Colorado and Texas, as five justices sided with objections from the federal government to the deal.

Justices appointed Judge D. Brooks Smith, U.S. Court of Appeals for the Third Circuit from Duncansville, Pennsylvania, to replace federal appeals Judge Michael Melloy as the special master in the case in July.

A special master acts as a trial judge, decides on issues in the case and prepares reports to inform the U.S. Supreme Court’s ultimate opinions in the case.

Smith, 72, has a long career in law, first starting in private practice and as a prosecutor. He donned the robes in 1984 as both a Court of Common Pleas judge in Blair County, Pennsylvania, and an administrative law judge.

In 1988, he was appointed by President Ronald Regan and confirmed to a federal position for the U.S. District Court for the Western District of Pennsylvania.

In 2002, the Senate confirmed his appointment by the Bush administration to the federal appeals court, where he’s served since.

This is the third special master for the case, called Original No. 141 Texas v. New Mexico and Colorado. 

In a complaint filed in 2013, Texas alleged that pumping in New Mexico below Elephant Butte Reservoir was taking Rio Grande water owed to Texas under a compact from 1939.

That 85-year old document governs the Rio Grande’s use between Colorado, New Mexico and Texas, and also includes provisions for sending water to Mexico under 1906 treaty obligations and acknowledges regional irrigation districts.

In 2018, the U.S. Supreme Court unanimously ruled to allow the federal government to join the case, accepting the arguments that New Mexico’s groundwater pumping threatened federal obligations to deliver water to Mexico and two irrigation districts.

After months of negotiations and a partial trial, Colorado, Texas and New Mexico proposed a deal to end the yearslong litigation. The federal government and regional irrigation districts objected to the deal, saying that it imposed unfair obligations and was negotiated without their agreement.

Melloy recommended the court ignore the federal government’s objections and approve the state’s proposed deal.

In June, the high court released a narrow 5-4 ruling siding with the federal government’s objections and blocking the state’s deal.

It’s unclear what comes next in the case under the new special master, but the parties could return to the negotiation table to hammer out another deal or return to the courtroom.

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

Messing w/ Maps: #ColoradoRiver Plumbing edition — Jonathan P. Thompson #COriver #aridification

The Central Arizona Project canal passes alfalfa fields and feedlots in La Paz County, Arizona. The fields are irrigated with pumped groundwater, not CAP water. Source: Google Earth.

Click the link to read the article on The Land Desk website (Jonathan P. Thompson):

August 16, 2024

🗺️ Messing with Maps 🧭

Imagine that you’ve set off for a hike in the desert of western Arizona, hoping to get up high so you can get a view of the juxtaposition of alfalfa fields against the sere, rocky earth. But you somehow get disoriented, the sun reaches its apex and beats down on you, the temperature climbing into the triple digits. The ground temperature becomes so hot you can feel it through the soles of your Hoka running shoes. Your water bottle is empty. Feeling certain you are going to die you pick a direction and stagger in as straight a line as you can manage, rasping for help. And then, just when you’re about to curl up under a rock and surrender, you see, coming straight out of a hillside, a virtual river. It must be a mirage, you think, or a hallucination, you run toward it, climb the fence, and dive into the cool, deep water. 

This is not a fantasy scenario. There is, in fact, a place in the western Arizona desert where a lost traveler could stumble upon a giant canal emerging from the earth.

The Central Arizona Project’s Mark Wilmer pumping plant at Lake Havasu. The 14 plants on the CAP system push water across more than 300 miles with a vertical gain of 3,000 feet. Moving water requires enormous amounts of power, making the CAP the state’s largest single electricity user, with annual power bills totaling $60 million to $80 million. Source: Google Earth.
Central Arizona Project canal daylighting at the Buckskin Mountain Tunnel. Source: Google Earth
The outlet of the San Juan Chama Project runs into Willow Creek west of Los Ojos before running into Heron Lake. Source: Google Earth
The Rio Blanco intake for the San Juan-Chama Project, which takes water from three upper San Juan River tributaries and ships it across the Continental Divide to the Chama River watershed and, ultimately, the Rio Grande. Source: Google Earth

It’s just one of the crazy plumbing projects along the Colorado River and its tributaries. And they can look pretty weird when you stumble upon them in remote places. That’s what happened to me the other day — virtually. I was using Google Earth to chart the 1776 Escalante-Dominguez expedition’s path when, near Chama, I came across a large volume of water emanating from an arid meadow. After some thought I realized it was the outlet for the San Juan-Chama Project that diverts about 90,000 acre-feet of water annually from three tributaries of the San Juan River, sends it through the Continental Divide via a tunnel, and delivers it to Willow Creek and Heron Reservoir. From there it can be released into the Chama River, which runs into the Rio Grande, which is used by Albuquerque and Santa Fe to supplement groundwater and the shrinking Rio Grande.

The Big Thompson Project sucks water out of the Colorado River near its headwaters and siphons it through the mountains via the Alva Adams Tunnel. The water feeds reservoirs that feed Front Range cities and is used to generate hydropower. Adams tunnel inlet at Grand Lake. Source: Google Earth
The Big Thompson Project sucks water out of the Colorado River near its headwaters and siphons it through the mountains via the Alva Adams Tunnel. The water feeds reservoirs that feed Front Range cities and is used to generate hydropower. Penstocks and powerplant at Flatiron reservoir on the right. Source: Google Earth

These things aren’t only unsettling in a visual way, but in a conceptual way as well. One would expect cities and agricultural zones to rise up around where the water is and to grow according to how much water is locally available. Instead, cities rise up in places of limited water and grow as if there were no limits, importing water (and power and other resources) from far away. 

The Julian Hinds pumping station, near Desert Center, California, lifts water from the Colorado River Aqueduct 441 feet as it makes its way toward Los Angeles. Source: Google Earth
The Southern Nevada Water Authority was forced to build a third water intake from Lake Mead that was able to draw water as the reservoir continued to shrink. The pumping plant is pictured. Source: Google Earth

Radioactive tailings near the #ColoradoRiver close to full removal: Nearly 14.8 million tons removed in more than decade-long effort — The Deseret News #COriver

Moab tailings site with Spanish Valley to the south

Click the link to read the article on The Deseret News website (Amy Joi O’Donoghue). Here’s an excerpt:

August 6, 2024

Sixteen million tons of radioactive uranium tailings once sat near the banks of the Colorado River, putting the waterway in peril of contamination on the outskirts of Moab. Removal began in 2009 and was halted for a time due to lack of funding for the U.S. Department of Energy cleanup project, but work is continuing at a steady clip — with nearly 15 million tons shipped by rail to a disposal cell about 30 miles away at Crescent Junction. At this rate, the tailings removal may be completed by next year, but much work remains to be done afterward for full remediation of the area in which the uranium mill operated for nearly three decades…

Mary McGann, a Grand County commissioner who heads up the steering committee involved in the project, said she envisions something similar to Las Colonias Park in Grand Junction, Colorado. It, too, was a remediation site for tailings removal and it, too, is adjacent to the Colorado River…

Contamination from what the locals call “The Pile” has been a problem for the Colorado River in Grand County — before the establishment of the Moab Uranium Mill Tailings Remedial Action, or UMTRA, Project. But the project established groundwater wells to prevent the leaching and to serve other useful purposes.

During the reporting period, which ran in mid-July of 2023 to mid-July this year, officials noted there were over 1,036,719 tons of uranium mill tailings shipped by rail four times a week. To date, the project has shipped more than 14.8 million tons, or about 92% of the total estimated 16 million tons in the tailings pile to be moved. During that same reporting period, more than 151,162 tons of debris was placed in the disposal cell — also shipped by rail. That includes the successful removal of 14 autoclaves — each weighing 16,000 pounds, according to project spokeswoman Barbara Michel.

US air force avoids #PFAS water cleanup, citing supreme court’s #Chevron ruling: EPA says Tucson’s drinking water is contaminated but air force claims agency lacks authority to order cleanup — The Guardian

Petersen Air Force Base. Photo credit: Peterson Air and Space Museum

Click the link to read the article on The Guardian website (Tom Perkins). Here’s an excerpt:

August 12, 2024

The US air force is refusing to comply with an order to clean drinking water it polluted in Tucson, Arizona, claiming federal regulators lack authority after the conservative-dominated US supreme court overturned the “Chevron doctrine”. Air force bases contaminated the water with toxic PFAS “forever chemicals” and other dangerous compounds. Though former US Environmental Protection Agency (EPA) officials and legal experts who reviewed the air force’s claim say the Chevron doctrine ruling probably would not apply to the order, the military’s claim that it would represents an early indication of how polluters will wield the controversial court decision to evade responsibility. It appears the air force is essentially attempting to expand the scope of the court’s ruling to thwart regulatory orders not covered by the decision, said Deborah Ann Sivas, director of the Stanford University Environmental Law Clinic…

The supreme court in late June overturned the 40-year-old Chevron doctrine, one of its most important precedents. The decision sharply cut regulators’ power by giving judges the final say in interpreting ambiguous areas of the law during rule-making. Judges previously gave deference to regulatory agency experts on such questions. The ruling is expected to have a profound impact on the EPA’s ability to protect the public from pollution, and the Tucson dispute highlights the high stakes in such scenarios – clean drinking water and the health of hundreds of thousands of people hangs in the balance…

Several air force bases are largely responsible for trichloroethylene (TCE) – volatile organic compounds – and PFAS contaminating drinking water sources in Tucson. A 10-sq-mile (26 sq km) area around the facilities and Tucson international airport were in the 1980s designated as a Superfund site, an action reserved for the nation’s most polluted areas. The EPA in late May issued an emergency order under the Safe Drinking Water Act requiring the air force to develop a plan within 60 days to address PFAS contamination in the drinking water.

Albuquerque’s Aquifer — John Fleck (InkStain.net) #RioGrande #SanJuanRiver

Click the link to read the article on the InkStain website (John Fleck):

I’ve been

a) Playing with Datawrapper as a tool for displaying data here on Inkstain, and

b) Thinking about Albuquerque’s aquifer as bad summer river flows force us back onto groundwater

(City #2, in the North Valley, is one of a quartet of groundwater monitoring wells drilled in the late ’50s as Albuquerque’s population and groundwater pumping began to grow. I use it for big picture attention because it’s reasonably well placed to give a good rough picture of what’s going on, and has a nice long time horizon.)

update:

City Well #2

USGS Groundwater Monitoring Well 350824106375301, better known as Albuquerque’s “City Well #2”

Map: John Fleck, Utton Center, University of New Mexico School of LawSource: USGSCreated with Datawrapper

Locator map was super easy in Datawrapper.

Special Report: Big city water buys in #Colorado’s Lower #ArkansasRiver Valley raise alarms — Fresh Water News

Flood irrigation in the Arkansas Valley via Greg Hobbs

Click the link to read the article on the Water Education Colorado website (Jerd Smith and Michael Booth):

August 8, 2024

From satellite view, the land north of the Arkansas River is a seemingly random checkerboard of vital green and desperate brown, quickly fading from a few thriving farm acres to the broad, water-drained desolation of northern Crowley County.

From the cab of Matt Heimerich’s pickup, each alternating square of emerald corn or desiccated knapweed is a decision by a distant big city — to either share Colorado resources responsibly or toss rural Arkansas River counties to the fate of the hot summer winds.

That square was reseeded with native grass after Aurora bought the water in the 1970s, Heimerich says. That plot, Colorado Springs dried up and it’s all weeds. That farm, Aurora wants to dry it up soon, but the water court referee wants a better reseeding plan.

Heimerich’s family is one of the few farmers remaining in the 790 square miles of Crowley County after city water buy-ups shrank the county’s irrigated acres from more than 50,000 in the 1970s to just a few thousand this year. He jumps down from the pickup to clear invasive kochia weeds from a pipe opening gushing cool canal water down a 1,500-foot corn row.

Straight line diagram of the Lower Arkansas Valley ditches via Headwaters Magazine

Two miles away is downtown Olney Springs, population 310. Crowley County as a whole has only 5,600 residents, and more than a third of those are inmates at two prisons. The only retail operation left in Olney Springs is a soda vending machine against the wall of town hall.

As Heimerich clears his irrigation pipe, he pauses to jab a thumb over his shoulder 150 miles to the north at Aurora, where the population increased by more than 100,000 over 20 years. “When you build a new development, at the end of the day, you’re drying up a farm,” Heimerich said. “Where else is it going to come from?”

“Crowley is just the worst example of what can happen when nobody cares, and nobody pays attention,” he said. The tiny community serves as an enduring reminder of the cultural and economic ruin that occurs when big cities in Colorado and elsewhere purchase farms, dry up the land and move the water to urban areas. It gave rise to the term “buy and dry,” a practice now widely condemned.

The practice was supposed to end in the Lower Arkansas Valley in 2003 with a hard-fought federal court battle and settlement. Since then, state lawmakers and top water and farm agencies have changed laws and spent millions of dollars testing new protective methods for sharing water temporarily between rural and urban areas. They have also spent heavily to improve water quality for thousands of people living near the river who still don’t have clean water to drink.

The big cities insist they have learned their lessons from the Crowley County disaster.

“The results of what happened in Crowley County are unacceptable and widely recognized as a travesty,” said Colorado Springs Utilities spokesperson Jennifer Jordan. “We’ve taken those lessons to heart.”

Arkansas River Basin — Graphic via the Colorado Geological Survey

But outraged Lower Arkansas growers and water districts say new efforts to protect their farm water aren’t working. At the same time, the big cities say new laws making it easier to share farm water don’t provide enough reliable water to grow their communities.

The cities also say big changes in the future water picture, climate-driven reductions in stream flows and threats to their Colorado River supplies leave them little choice but to draw more farm water.

This year they did that, inking deals in the Lower Arkansas worth more than $100 million to buy and lease land and water, raising alarms among local growers and generating big questions about whether the state is doing enough to protect rural farm communities and the water that keeps them going.

Buy and dry light

The cities say a lot has changed in the past 20 years and that these new deals represent innovations in water sharing. But critics in the Lower Arkansas Valley say these same deals signal that no one is doing enough to prevent “buy and dry” or the latest tool in the water acquisition quiver, “lease and dry,” in which water is pulled from farmland periodically.

Aurora, for instance, spent $80 million in April to buy nearly 5,000 acres of farms in Otero County and the more than 6,500 acre-feet of water associated with that land. An acre-foot equals nearly 326,000 gallons of water, enough to irrigate half an acre of corn, or supply at least two urban homes for one year.

Aurora plans to use the water itself in three out of 10 years, leaving it on the farms the rest of the time. Some 4,000 acres of land will be dried up intermittently when Aurora is using the water, according to Karl Nyquist, a developer and grower who negotiated the deal with Aurora and who is operating the farms for Aurora under the lease agreement.

Colorado Springs has a different arrangement just downriver in Bent County, where it will permanently purchase up to 15,000 acre-feet of water from local farmers. Colorado Springs will also help pay local farmers to install modern center pivot irrigation systems that use less water, allowing the city to keep the saved water for its use.

In Crowley County. Photo: Brent Gardner-Smith/Aspen Journalism

In this deal, Colorado Springs and the farmers will be responsible for revegetating any dried-up land. It will use the water in five out of 10 years, and it has agreed to make a one-time, upfront payment of $2.5 million to Bent County plus payments each year based on how much water is taken off the fields. The money is in addition to payments to farmers.

“We wanted to make sure Bent County was kept whole,” said Scott Lorenz, a senior water projects manager with Colorado Springs Utilities.

Bessemer Ditch circa 1890 via WaterArchives.org

And in Pueblo County, perhaps the least controversial of the three deals, Pueblo Water agreed to purchase nearly one-third of the shares in the local historic Bessemer Ditch system for $56.2 million. Pueblo continues to lease the water back to the farmers for now. At the same time, the Palmer Land Conservancy has developed a sophisticated new framework that measures farm productivity on land watered by the Bessemer Ditch and will eventually help direct water to the most productive farms as Pueblo takes its water. The hope is that the new system will increase overall farm productivity on the ditch system and help make up for anything lost when the less productive lands are dried up, according to Dillon O’Hare, Palmer’s senior conservation manager.

Palmer is also working to analyze the impact of the deals on water quality downstream and how to prevent further damage, O’Hare said.

Irrigated farmland is evaporating

The three projects come as new data shows Colorado’s irrigated farmlands are shrinking. Since 1997, the state has lost 32% of these lands, with areas in the Lower Arkansas Valley seeing losses higher than that, according to an analysis of federal agricultural data by Fresh Water News.

Crowley County has lost 90% of its irrigated lands in that period. Pueblo has lost 60.2%, and Bent and Otero have lost 37.6% and 35.2%, respectively.

State agriculture and water officials are worried about the decline, but say they have few tools to prevent it because farmers are free to sell their water rights to whomever they want.

“Am I concerned? Definitely,” said Robert Sakata, a long-time vegetable grower near Brighton, and former member of the Colorado Water Conservation Board who now serves as the director of water policy for the Colorado Department of Agriculture. “We all talk about water being a limited resource, but prime farmland is also limited and it’s important to take that into consideration.”

Not all these losses are due to big city water prospecting. Climate change, market challenges and legal obligations to deliver water to downstream states are also fallowing Colorado farmlands.

Everyone is sympathetic. No one is in charge.

Still, more than 20 years after the intergovernmental peace accords, it wasn’t supposed to be this way.

The Lower Arkansas Valley region is part of the sprawling Arkansas River Basin. The river has its headwaters near Leadville and flows through Buena Vista, Salida, Cañon City, into Pueblo Reservoir and on over the state line east of Lamar.

Its counties were once a sweet spot in the basin’s agriculture economy. The river fed a bountiful chain of tomato, sugar beet and onion fields, as well as acres of luscious Rocky Ford melons, and chiles, corn and alfalfa.

Cities say these latest deals, which they call “water sharing” agreements, will bolster the agricultural economies and keep remaining water on farm fields forever. But the term “sharing” doesn’t sit well with some local farmers and water officials who have a deep distrust of the cities they blame for the region’s decline.

“I call it a charade,” said Mike Bartolo, a retired Colorado State University Extension research scientist who farms in Otero County near Rocky Ford. “You dry up an acre, you’re drying up land that was formerly irrigated. That’s buy and dry.”

While the state’s highly touted Water Plan cheers for the concept of cities helping rural areas thrive after water losses, there is no mechanism or state law or bureaucracy to watchdog new sales.

After the 2003 agreement in the Lower Arkansas Valley, state and local water leaders began testing new ways for cities and farmers to temporarily share water, something that had been almost impossible under older water law.

But Aurora and Colorado Springs say the early experimental programs didn’t provide enough water at reasonable prices to fulfill their fast-growing community needs permanently.

Lorenz, the Colorado Springs Utilities manager, said the city does lease some water in the valley, but it hasn’t been enough to ensure the stability of its long-term water supply.

“The major concern is that we would lease from a particular farmer, and then a different city would come out and buy those water rights and the farmer wouldn’t lease to us anymore,” he said.

And in fact that is what just happened in April, when Aurora purchased the Otero County farms, which had formerly leased water to Colorado Springs.

Colorado Springs Utilities formally opposes the latest Aurora water deal, as do the Southeastern Colorado Water Conservancy District based in Pueblo, and the Lower Arkansas Valley Water Conservancy District in Rocky Ford.

But their anger has so far been expressed by passing resolutions, not filing lawsuits.

How Aurora Water and other cities have treated Arkansas River counties like Crowley after past buy-ups leaves nothing but suspicion about newly announced deals, local leaders say.

Though Aurora says it is not attempting any more permanent dry-ups of local land, “I don’t think any of us believe them,” said Heimerich, Crowley County’s representative on the Southeastern Conservancy board. Heimerich also is a member of the board of Water Education Colorado, which is a sponsor of Fresh Water News. “They’ll do whatever they need to do and apologize later.”

Thornton, Larimer and Weld counties conducted a similar debate publicly — from the 1990s to this year — as Thornton bought up 17,000 acres of northern Colorado farms and their water rights and began drying up the land. County commissioners and other local officials brought their legal weight and bully pulpits to bear in demanding extensive concessions from Thornton. The Adams County city has been reseeding dried up land with native grass and backfilling lost property taxes, but gets mixed reviews from locals.

The latest Lower Arkansas water deals are also pitting Colorado’s big cities directly against each other in conflicts not seen for decades. When the board of Colorado Springs Utilities passed a resolution earlier this year condemning Aurora’s Otero County deal, it was a direct shot from leadership of a city of nearly 500,000 — the Colorado Springs City Council is the utility board.

“The idea is that there’s Denver, there’s a Denver metro complex and they’re going to just do whatever they want to do and the rest of the state has to go along with it,” City Councilman Brian Risley said.

But Alex Davis, a top Aurora Water official, said Colorado Springs’ ire is unwarranted.

“Aurora has worked in close partnership with Colorado Springs for decades and that will continue,” she said. “This is a case where we disagree.”

Peter Nichols, general counsel for the Lower Arkansas Water Conservancy District in La Junta, said he is deeply concerned by what cities are proposing now.

“We thought we were through with all of this. We thought we had it under control,” he said of the Aurora and Colorado Springs purchases.

Nichols is among those who have spent much of the past 20 years creating a system, now known as the super ditch, that allows seven local irrigation companies to negotiate leases with cities.

A map of the Fry-Ark system. Aspen, and Hunter Creek, are shown in the lower left. Fryingpan-Arkansas Project western and upper eastern slope facilities.

Importantly, it also won the legal right to move leased water stored in Pueblo Reservoir out of the valley, via the federal Fryingpan-Arkansas Project and the Otero Pipeline, removing what had been a key barrier to leasing.

Nichols said local growers and water districts have worked hard to find ways to share water so that it doesn’t permanently leave the valley. That the cities are now jumping the line with these new deals isn’t OK with him.

A farmer’s — and a county’s — greatest asset

Colorado Springs and the other thirsty Front Range cities want farmers like the young Caleb Wertz to be the new face of urban water agreements. On a recent 95-degree summer afternoon, Wertz high-tailed it across Bent County driving an ambulance to take an injured neighbor to the hospital. He had planned to be on his farm, but that’s life in the Lower Arkansas Valley.

The population is shrinking, and everyone has too many jobs to count. The local farmer is also a first responder. Your primary care provider is a farmer’s wife.

Arriving back at the farm just after 5 p.m., Wertz talks about what is perhaps the most controversial decision he has ever made: Selling a portion of his agricultural water to fuel housing growth in Colorado Springs.

The deal will pay him enough so that he can install modern irrigation systems, drying up portions of the fields, known as corners, that won’t be reached by the new, center pivot sprinklers, and allow Colorado Springs to buy the saved water.

He is also planting cotton alongside his traditional corn, and he believes he is the first in the state to do so. A new modern variety is supposed to use half the water, just one acre-foot per acre, rather than the two acre-feet of water that older types, such as those grown in Arizona, use.

For Wertz, the agreement will give him enough money to keep farming and enough new technology to make his remaining agricultural water go farther. He will become a rarity in the area: A young farmer with enough land and water to continue the business his family started in 1919 and to expand it.

“The water purchase makes it a lot more doable because we can farm those acres so much more with pivots,” Wertz said. “That’s the case even though we’re drying up the corners. … That has a bad connotation to it. But Colorado Springs is reimbursing the farmers to turn those corners into pasture land or to revegetate. … Even if it is not producing corn, it’s not just becoming wasteland.”

But to some of his neighbors in the valley, Wertz has entered a hostile no-man’s land, facilitating yet another dry-up of farmland in a region that has already lost too much water and land to urban thirst.

“I know people don’t like it and people are entitled to their opinions, but a lot of those are the older generation who don’t like seeing it because of what happened years before I was even born,” said Wertz, who is 23. “I was glad to see the Springs come in and ask questions about working with us.

“We were quite leery at first. But they have proved it to us. It is extending the water use for them and us, and allowing my brother and I to start taking over some of these acres that haven’t been farmed for a while because there isn’t enough manpower.”

But can the land come back after fallowing?

Another worry for Lower Arkansas growers is whether new methods that allow cities to take the water off the fields for one or more years and then return it at a later time, do more harm than good. They’re not sure farmland in the region is resilient enough to bounce back from cycles of city-caused drought.

Perry Cabot, a research scientist and specialist in farming practices and farm economies, has spent years studying the issue. He says that there is hope for fallowing, after years of experiments and tests, but only with crops such as alfalfa and other grasses and sometimes corn.

“The programs we have done saw alfalfa return almost with a vengeance,” Cabot said. “Grass hay is the second-best candidate.”

Nyquist, the developer and grower who is leasing back and farming the land he recently sold to Aurora, agreed, saying fallowing programs do work, but they are not good for small growers who don’t have the cash to buy the necessary new equipment and nutrients that are needed to help fully restore the crops once water returns.

Still, Jack Goble, general manager of the Lower Arkansas Valley Water Conservancy District in Rocky Ford is wary of plans that take water from parts of farm fields over long periods of time.

“And I haven’t found a farmer yet that believes that that’s a viable farming situation, ” he said. “It’s tough to bring that land back.”

Dan Hobbs irrigating from the Bessemer Ditch. Credit: Greg Hobbs

For years, valley water hasn’t been drinkable

Anger aimed west and north from Lower Arkansas Valley towns extends to water quality issues, not just water volume.

For many decades, groundwater wells and the river have been contaminated by farm runoff, mining operations and some naturally occurring pollutants.

The same federal Fryingpan-Arkansas Project that in 1962 created Pueblo Reservoir was also supposed to solve the drinking water problem for 40 communities downriver by building the 130-mile Arkansas Valley Conduit to move clean water from Pueblo Reservoir. But it wasn’t until 2023 that final funding for the $610 million pipeline arrived.

Some downstream leaders are galled that Aurora can start taking more fresh water out of the Arkansas before serious pipeline construction has begun to serve the 50,000 people in long-suffering downstream towns.

“My whole life has been under drinking water restrictions, not being able to attain safe drinking water except to go buy it or to go through extraordinary measures to treat it,” said Dallas May, whose family ranches 15,000 acres north of Lamar. May also is on the Southeastern Colorado Water Conservancy District board.

The Colorado Department of Public Health and Environment’s Water Quality Division, which tests Lower Arkansas water a few times a year, classifies most of the river below Pueblo Reservoir as not supporting drinking water or “aquatic life use.” The classification calls the Lower Arkansas suitable for “warm-water aquatic life” and recreation.

The state did not respond to requests for more detailed assessments of Lower Arkansas water health. Asked if state efforts were improving water quality on the Arkansas, a spokesperson said in an email, “Trend studies require extensive data over a significant period of time. The water quality in watersheds is influenced by a wide variety of factors, including precipitation and weather trends that can highly influence the water quality from year to year.”

Some Lower Arkansas farmers and officials are tired of waiting. They see the problem getting worse as, for instance, Aurora takes more water out of Otero County, “What happens is all of the bad things are concentrated into what is left,” May said, “and that is a huge problem.”

Silence at the state level?

The Colorado Water Conservation Board spent years writing the statewide Water Plan, convening forums and task forces, and conducting listening sessions on the tensions between city water needs and the survival of agricultural communities. They say they are concerned about new city water buys, but add they have no authority to influence any deals because water rights are private property rights and can be bought and sold at will.

The board declined an interview request about Aurora’s water purchase or the broader water use questions.

“The Colorado Water Plan sets a vision for meeting the state’s future water needs and was broadly supported by local communities,” Russ Sands, the board’s water supply planning chief, said in email responses to questions. “But the decisions that happen in local communities regarding their water purchases and planning are largely outside of the state’s control. Accountability for staying true to the vision of the Water Plan is a collective responsibility.”

The loss of irrigated farmland isn’t expected to slow anytime soon as climate change dries up streams and population growth drives cities to buy more. The Colorado Water Plan’s forecast shows the population of the Arkansas River Basin, which includes Colorado Springs and Pueblo, surging more than 60% by 2050, increasing the pressure to tap farm water.

Sakata, the state water policy advisor, who farms near Brighton, said protecting the state’s irrigated farmland will take more work. “We can’t just say lease the water for three out of 10 years. We need to have agreements so that water sharing will be really available.”

As an onion grower, Sakata can’t do interruptible water supply agreements because he has long-standing yearly agreements with suppliers that require him to deliver vegetables. If he fallows his land for a year, the money he would likely be paid wouldn’t be enough to compensate him for the loss of onion sales and the need to support his employees during the break.

Farm research scientist Cabot would like to see the state begin buying irrigated farms, using conservation easements to protect them from development or purchase, and then leasing that land and its water to young growers.

What else state leaders can do to preserve what’s left of Colorado’s irrigated land isn’t clear yet, but Alan Ward, a Pueblo native who is also director of water resources for the Pueblo Water, said the state needs to reexamine its policies and goals.

“There is only so much water available, and I don’t think it’s realistic for the state to continue to think that we can control our urban areas and grow them fast without impacting agriculture.” Clarifying that he was speaking as a private individual, rather than a water official, he said, “I’d rather have the farms continue and not have the urban growth, but I am probably in the minority on that.”

Where does the battle flow next?

Water veterans such as Cabot said the state is likely doing everything it can right now to protect irrigated ag lands. But like Sakata, he says more work needs to be done to shore up farm markets and to create easier, more lucrative water sharing arrangements.

“I don’t want to oversimplify this,” Cabot said, “but the simplest way for cities to get this water is to go to farmers and say ‘How much did you make last year?’ and then offer them 10% more. … These are not just fields. They are farm enterprises.”

Kate Greenberg, Colorado’s agriculture commissioner, is overseeing multimillion-dollar efforts to protect farmlands by improving soil health, solving market challenges and making farm water use more efficient. She says the people of Colorado are on board with her agency’s efforts.

“We did a study last year that showed over 98% of Coloradans believe agriculture is an integral part of our state. If we’re taking water out of agriculture, where are we putting it to beneficial use?

“Are we conserving it to grow urban developments and do we want to see that over preserving agriculture and biodiversity. We need to answer that question as a state.”

Bartolo, the retired CSU researcher, hopes the answer comes soon, before any more of the valley water is siphoned off for urban use.

As news of the deals spreads, Bartolo’s sense of deja vu is growing and his fears for the future of the valley’s irrigated ag lands is growing too. No one knows yet what will happen when Aurora’s contract to use the Fryingpan-Ark to deliver water expires in 2047.

“Having lived through it in my lifetime, I have seen the drastic changes,” Bartolo said.

What worries him, and other growers too, is “what happens if they come back after 2047? What happens then?”

More by Jerd Smith, Michael Booth

Three major water trials set for 2026: Cases involve #RioGrande Water Conservation District, local farmers, city of Alamosa — @AlamosaCitizen

Crop circles in the San Luis Valley. Credit: Alamosa Citizen

Click the link to read the article on the Alamosa Citizen website:

July 16, 2024

The biggest water trials facing the Rio Grande Water Conservation District and local farmers are set for 2026.

Peter Ampe, attorney for the Rio Grande Water Conservation District, told board members Tuesday that three major water cases are set for trial in 2026. The cases are:

  • The fourth Plan of Water Management for Subdistrict 1 scheduled for six weeks starting Jan. 2, 2026
  • Sustainable Water Augmentation Group and its proposed alternative augmentation plan for a group of irrigators in Subdistrict 1 set for a six-week trail starting June 29, 2026
  • The city of Alamosa and its confined aquifer case set for a three-week trial starting on Oct. 19, 2026

Each of the cases is subject to settlement ahead of any trial. Ampe said the city of Alamosa’s case to guarantee itself more water for future expansion has the best chance of agreement before a trial would begin.

The fourth Plan of Water Management for Subdistrict 1 is a key document that outlines future strategies to recover the unconfined aquifer of the Upper Rio Grande Basin. Farmers in the subdistrict, which covers parts of Alamosa County around Mosca-Hooper and Rio Grande County, are under pressure from state water managers to restore the aquifer.

The subdistrict’s updated water management plan has been approved by the state engineer and needs approval from the District 3 Water Court to go into effect.

The alternative augmentation plan proposed by the Sustainable Water Augmentation Group had the start of a water trial in 2023 only to have the trial come to a sudden end when the group withdrew its application. The application withdrawal came after the town of Del Norte terminated an agreement to lease water to the SWAG farmers as a replacement source for groundwater pumping by SWAG members.

Greg Higel, board chair of Rio Grande Water Conservation District, said the board will have to prioritize spending on attorney fees in its annual budgets.

MORE:
 Alamosa Citizen maintains an extensive archive of water stories.

Can viruses help clean wastewater from fracking? It’s a “yes, but” from researchers — Fresh Water News #ActOnClimate

Click the link to read the article on the Water Education Colorado website (Shannon Mullane):

July 25, 2024

After four years of experimentation, a group of researchers in Texas have successfully used a type of virus — used to combat bacterial infections in medicine — to kill bacteria in wastewater from fracking.

This wastewater, which can come with radioactive, cancer-causing materials, and yes, bacteria, often gets shoved back underground for storage. But increasingly, Colorado and other states are looking at ways to clean the wastewater enough that it can be used in other mining operations instead of fresh water. It’s an intriguing idea in Colorado, where fresh water supplies have been strained by a two-decade megadrought.

Could viruses really help? The potential is there — but so are big questions about practicality, researchers say.

“It’s outside-the-box science. We knew that,” said Zacariah Hildenbrand, part of the six-person University of Texas research team that published a study on the viruses in April. “But I mean, necessity is the mother of all innovation here, and we need to find some novel technologies.”

Wastewater, called produced water, is the major waste stream generated by oil and gas production, according to the group’s research published in the peer-reviewed journal Water. The research was funded by Biota Solutions, a Texas-based research company founded to develop viruses to kill bacteria in produced water.

Oil and natural gas can be thousands of feet below the ground’s surface, where it mixes with brackish water. At that depth, the water can include naturally occurring carcinogenic compounds and radioactive materials. It’s so salty that, if used for irrigation, it could kill plants.

During the fracking process, companies pump a mixture of fresh water, sand and chemicals [ed. including PFAS] underground where it mixes with oil, gas and the brackish water. It returns to the surface and is separated from the oil and gas. The result is produced water, which can not be used for drinking or irrigation, per state regulations.

In Colorado, water used for fracking averaged about 26,000 acre-feet per year from 2011 to 2020, or about 0.17% of the water used in the state, according to the Colorado Division of Water Resources. One acre-foot roughly equals the annual water used by two to three households.

The highest volumes of water used for hydraulic fracturing are used within the counties along the Front Range in Denver-Julesburg Basin.

“In an arid state like Colorado, where we’re worried about how much water is getting down the Colorado River, that rubs a lot of people the wrong way. And it should,” said Joseph Ryan, an environmental engineering professor at the University of Colorado.

Attack of the viral “spiders”

The complex cocktail of produced water also comes with another ingredient: bacteria.

Some of the bacteria can corrode pipes while others sour the gas, which makes it stinkier and requires more processing. Both can cost oil and gas companies money, Hildebrand said.

Historically, companies have treated these bacteria with disinfectants, like chlorine and hydrogen peroxide. But over time, the bacteria can become more resistant. To protect themselves, they change their membrane structure to become less permeable — like putting on a raincoat in a storm, he said.

Some companies end up using twice as many chemicals to kill the same amount of bacteria, which is more costly and less environmentally sustainable, he said.

So the researchers set out to test another technology: The bacteriophage.

Bacteriophages are viruses that infect specific bacteria. They’re like the spiders in the “Starship Troopers” movie, Hildebrand said. Once the phage finds its host bacteria, it hooks into the surface of the cell, injects its DNA into the center of the bacteria, and hijacks the bacteria’s replication mechanisms.

Then it reproduces until the bacteria explodes.

The process allows the virus to multiply exponentially and infect more cells. But Hildebrand stressed the virus targets only its specific host bacteria, not any other type of cell.

Bacteriophages have been used for decades in medicine to treat issues like skin infections, indigestion and food poisoning caused by E. coli.

“Under the microscope, at the atomic scale, it’s scary. It’s an all-out civil war between bacteria and viruses,” he said. “But from the human perspective, it’s totally innocuous.”

Is the virus enough?

The researchers’ study showed that bacteriophages successfully deactivated two strains of bacteria found in produced water — but there are some key hurdles that would need to be addressed for the technique to be used by oil and gas operators.

Produced water could include tens of thousands of bacterial strains, which means researchers would need far more strains of viruses to disinfect the produced water. And right now, there aren’t enough commercially available bacteriophage strains to make it happen, Hildebrand said.

“The goal is, we just learn enough from all of the basins that ultimately I build a 200-phage cocktail that’s kind of a kill-all, if you will. It’s a belt-and-suspenders approach,” he said. “Once I build it initially, it will renew itself in the environment.”

After the up-front costs, the bacteriophage technique would cost less than a penny per barrel because the virus renews itself, Hildebrand said based on his economic estimates.

Ryan of CU Boulder has doubts, big ones.

When it comes to reusing produced water, corroding pipes are a small problem compared to the radioactivity, salinity and carcinogenic compounds, he said.

There are so many microorganisms in the water that it would be difficult to affordably find enough bacteriophages to completely disinfect it. There’s no way fixing the minor problems caused by bacteria would be worth the effort and cost, he said.

“It’s a questionable solution to a problem that just doesn’t seem at the top of the list of importance if you’re trying to do something with produced water,” Ryan said.

Hildebrand acknowledged that disinfection alone is not enough to clean produced water to a reusable level, but it would help, especially if the bacteria have become resistant to other disinfection methods.

Ryan is one of 31 people on the Colorado Produced Water Consortium, which includes industry, state, federal and environmental representatives. (He emphasized he was not speaking for the group.)

In 2023, the Colorado legislature created the consortium to study how to reuse and recycle wastewater from fracking. The group is set to publish its fourth study on produced water Aug. 1 — one of nine that will be presented to legislators and state agencies.

Hope Dalton, the consortium’s director, declined to comment on the fresh-out-of-the-lab research.

“Generally speaking, bench-level research is innovative and new and hasn’t been tested,” she said. “Then you go out to industry and use it on the larger, pilot scale. Once it’s proven at the larger, pilot scale, then it can be implemented as practice.”

That’s the next step for the Texas researchers, Hildebrand said.

“Yes, it’s very early stages, but considering how effectively it works … how robust the phages are and how cheap they are to produce, I think it provides a really unique solution moving forward,” he said.

More by Shannon Mullane

Report: Sacket v. EPA The State of Our Waters One Year Later — ProtectCleanWater.org

Click the link to access the report on the ProtectCleanWater.org website. Here’s an excerpt:

July 2024

Introduction

One year ago, the Supreme Court issued its sweeping decision in the case Sackett v. EPA, which invalidated federal Clean Water Act protections for most streams and wetlands in the United States. Since then, the fight for clean water protections has been at the state level. This report outlines the state of clean water protections one year out from the Sackett decision and why federal protections for our critical waters is vital in the face of worsening climate change and other threats.

In the year since the Supreme Court ruling, two states passed or introduced legislation to create new permitting programs to fill the gap in federal protections and eight states passed or introduced stronger laws and policies to strengthen state protections. Two states passed legislation weakening state-level protections, while efforts to weaken state protections failed in four other states.

The Importance of Wetlands and Streams

Wetlands and streams are the livers and heart of our ecosystems. These critical waters prevent flooding, filter pollution, store carbon, and provide critical habitat for wildlife. According to the Environmental Protection Agency (EPA), ”Wetlands are among the most productive ecosystems in the world, comparable to rain forests and coral reefs.”

Similarly, streams that flow only part of the year play a critical role in maintaining the quality and supply of our drinking water and aid water conservation.

Our lakes and rivers depend on these critical waters, which in turn depend on the Clean Water Act (CWA or the Act) for protections to keep them healthy for fishing and swimming, agriculture and other business uses, and as a source for drinking water. In many cultures, particularly Indigenous cultures, water has a deep religious and spiritual element, and water is seen as life — waters are considered sacred places to cherish and protect. To limit their protection under the CWA could degrade the quality of water in waterways that people and wildlife depend on.

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

A reminder to be careful how you think about “wasted” water — John Fleck (InkStain.net)

Little Snake River agricultural lands along the Colorado-Wyoming border. (Angus M. Thuermer, Jr./WyoFile)

Click the link to read the article on the InkStain website (John Fleck):

July 15, 2024

A team out of Wyoming, including my Colorado River Research Group colleague Kristiana Hansen, has a new paper that reminds us that we need to be careful about how we thinking about conserving water that is being “wasted.”

Their case study is an area on the New Fork in Wyoming, a tributary of the Green, which is a tributary of the Colorado, where producers use flood irrigation on timothy grass to grow livestock forage.

Flood irrigation is often seen as “wasteful.” One approach is to install “more efficient” irrigation technology. But – and this is one of my repetitive talking points with students in the graduate water policy course I teach every fall – you need to flag the word “waste” when you see it in a water policy discussion and think carefully about how you’re using it.

That water is going somewhere, and doing something. You have to include this in your analysis. Maybe it’s really being “wasted”. But you may find that the place the water is going, and the thing that it’s doing, is valuable!

That’s what the Wyoming team found. Flood irrigation recharges the shallow aquifer – reducing the spring peak in the area’s streams, and slowly releasing that water back into those same streams in late summer. Which is crucial, in this case, for economically valuable fisheries – recreational brown trout fishing, to cite their analysis.

This is at the heart Bruce Lankford’s oddly named work on the “paracommons,” which has provided an enormously helpful analytical framework for my thinking about this stuff.

Cleaning up our urban sewage for reuse is super popular right now, and can in some cases be an enormously powerful water policy response to scarcity. But we’ve got to be mindful about where that “wasted” water is going and what positive benefits it is providing. Lots of inland urban cities in the southwestern United States treat their wastewater and return it to rivers, where it feeds ecosystems and downstream users.

We always have to consider the tradeoffs.

Green River Basin

Romancing the River: The Desert River — George Sibley (SibleysRivers.com) #ColoradoRiver #COriver #aridification

Credit: Sibley’s Rivers

Click the link to read the article on the Sibley’s Rivers website (George Sibley):

July 17, 2024

In the last post, I suggested that the Colorado River Compact with its ‘temporary equitable division’ into two basins could now be considered irrelevant (or worse, obstructive) because we have finally effectively accomplished, over the past century, the goal that brought the seven-state Compact commission together in 1922, but which they were unable to achieve then: a seven-way division of the use of the river’s waters.

They wanted a legally constituted seven-way division that would override the appropriation doctrine at the interstate level, to avoid a seven-state horserace for water in which California was already lapping the field, but in 1922 they lacked, for that goal, both a sufficient knowledge of the river’s flows and reasonable expectations for their own growth. Finally they settled on the two-basin division that was, from the start, problematic (Arizona refused to even ratify it), but which sufficed to persuade Congress that the states were enough in agreement so that Congress could go ahead with funding the big mainstem structures the Bureau of Reclamation was champing at the bit to build (perhaps the real goal of the Compact).

But now, after a century of Colorado River development, we ought to be able to say, with resignation if not confidence, that, yes, we have accomplished an eight-way division of use of the river’s waters (seven states plus Mexico). We can say this because all of the waters of the river have been put to use; what each state has to use now is almost certainly all the water it will ever have to use – at best.

Is it an ‘equitable’ division? The Compact intended for each basin to have the use of half of the river’s waters; what has evolved over the century is roughly two-thirds of the river being used by the Lower Basin, one third by the Upper. But a huge majority of the 35-40 million people served by the river live in the Lower Basin; the majority of the best land irrigable by the river is there. Speaking as an Upper Basin inhabitant, I would rather see the water go where the people are, than the people coming to where the water is (although too much of that is happening anyway).

Map credit: AGU

But to my point: the seven-way (plus Mexico) division of the use of the waters that the Compact commissioners wanted has been achieved – like it or not. (Water for the 30 First People tribes is shoehorned into the state allotments.) So can we not finally jettison the two-basin division that has really proven to be nothing but divisive? As indicated by the current situation, with each basin producing a plan for the future that is unacceptable to the other basin?

We seem to have two options for the post-2026 operation and management of the river systems and structures at this point: one, add another set of ‘Law of the River’ modifications, corrections, crutches and bandaids to the beat-up Compact. Or two, start to do what we keep telling ourselves we need to be doing today: ‘thinking outside the box’ – the Compact being the box we’re in. Nested in a larger box, the appropriation doctrine as the ultimate answer, no matter what the question.

So with the seven states currently deadlocked in the two-basin box, we might take the moment to at least haul ourselves up onto the edge of the box to look around – and we might find a start in looking at the basic nature and function of our river, underneath all the physical, legal and economic structures we’ve laid over it to control and contain its basic nature. There is also some interesting science happening around the river I want to get into….

The basic function of every stream is to collect and carry off water from precipitation that the precipitation ‘catchment basin’ could not ‘catch’ and put to work in some way nurturing other life, soaking into the root zone of the plant life or accumulating in surface pools and lakes. When it comes too fast (as when a snowpack is melting), or the slope is too steep or rocky, the ‘catchment basin’ becomes a ‘watershed,’ shedding water. This is not to say that a living stream is just a ‘drainage ditch’; the water itself gives intimations of trying to stay with the land, slowing itself with picking up everything from sand and gravel to whole trees; and when the slope gentles enough, it drops what it is carrying in its own path and forces itself into looping meanders and wetlands that maximize contact with the land and opportunities to stay there.

A stream becomes a ‘gaining’ or ‘losing’ stream, depending on what is happening in the watershed it is moving through: precipitation causes direct runoff from the land, and also raises the water table, the level of saturation in whatever geological structures underlie the watershed. Both of those can add water to the stream, making it a ‘gaining’ stream. If there is no precipitation, or only enough to wet the root zone for whatever plant life is trying to hold the watershed together, and if the stream is carrying a flow that is higher than the water table in the stream’s riparian zone, then the stream will give some of its water to its riparian zone in what hydrologists call a ‘hyporheic exchange,’ making it a ‘losing’ stream. (Personally, I think of it as a ‘giving stream.’)

You can probably see where this is going for a river in an arid region like most of the Colorado River Basin. Humid-region rivers like the Mississippi and its eastern tributaries tend to be ‘gaining streams’ all the way to the oceans, due to precipitation throughout the basin, but an arid-region river is more likely to be a ‘losing (giving) stream’ once it leaves its relatively wet headwaters.

This Trail Ridge Road view of the Colorado Front Range shows how the upslope conditions are created. Photo credit: Texas A&M University

A state-of-the-science study by the Western Water Assessment (based at the University of Colorado), compiling work from many river scientists, reported that 85-90 percent of the Colorado River’s total water supply is runoff from the mountain headwaters of the Colorado River.  The mountains force air upward into cooler atmospheric levels, where any moisture in the air condenses and falls as precipitation, mostly above 8,000 feet in elevation. There would be no Colorado River were it not for the mountain ranges rising to 14,000 feet in the Southern Rockies – which constitute less that 15 percent of the Basin’s 250,000 square miles. The river’s desert reaches receive very little dependable precipitation – a lot of which comes in violent summer storms powerful enough to break through the ‘heat shield’ that creates the virga – the afternoon would-be storms when rain is seen trailing out of clouds, but being vaporized before reaching ground by the rising desert heat.

The Colorado River, despite its mountain origins, is a desert river. Below the 7,000-foot elevation the river’s tributary streams flow onto (and deeply into) the high deserts of the Colorado Plateau, then out of those canyons and into the subtropical Sonora and Mojave Deserts. Desert rivers, as a rule, are gaining streams only in their headwaters highlands; once in the deserts, they are losing (giving) streams that begin to disappear, through evaporation, plant transpiration, and ‘giving’ to low water tables – and now, of course, to humans diverting the river to irrigate rich but dry desert lands, or to water great desert cities: human practices that go back 6,000 years to the ‘Fertile Crescent’ of the Tigris and Euphrates Rivers and the floodplains of the Nile.

The Colorado River, despite its mountain origins, is a desert river. Below the 7,000-foot elevation the river’s tributary streams flow onto (and deeply into) the high deserts of the Colorado Plateau, then out of those canyons and into the subtropical Sonora and Mojave Deserts. Desert rivers, as a rule, are gaining streams only in their headwaters highlands; once in the deserts, they are losing (giving) streams that begin to disappear, through evaporation, plant transpiration, and ‘giving’ to low water tables – and now, of course, to humans diverting the river to irrigate rich but dry desert lands, or to water great desert cities: human practices that go back 6,000 years to the ‘Fertile Crescent’ of the Tigris and Euphrates Rivers and the floodplains of the Nile.

The Colorado River, as it ran before we went to work on it, still carried enough water so there would be some left after its passage through the deserts, to ‘waste’ into the Gulf of California – most of in a 2-3 month flood as the snow melted, then dropping to a trickle in the delta that probably went intermittent in drier periods. But the Great Basin north of the Colorado River region has good current examples of what happens more or less naturally with desert rivers.

Credit: USGS

Forty streams and rivers flow into the Great Basin from the Sierras, the Wasatch, the Colorado and Columbia Plateaus, and the smaller Nevada ranges within its basin-and-range landscape, and most of those streams just disappear there. Some of them are substantial like the Truckee and Humboldt Rivers as they emerge from the mountains, and flow into salty fluctuating lakes similar to but much smaller than the Great Salt Lake (also in the Great Basin). But most of those streams disappear in shallow silty playas that are dry most of the year, or they just dribble off into the riparian scrub growth they nurture in passing.

Evaporation and plant transpiration from those ‘dying’ Great Basin desert rivers is probably responsible for some of the precipitation that falls on the Southern Rockies and creates the Colorado River. As the dried-out westerlies pass over the Sierras where they’ve dumped their load of Pacific moisture – a lot of it on the Sierras’ east slopes (Tahoe Lake regularly gets 8-20 feet of snow), the dried air warms up as it flows down the mountains and begins picking up vapor evaporated from the 40 Great Basin streams and rivers, carrying it on to the Rockies where it is again condensed to precipitation.

Colorado River water is thus at the end of a line of freshwater transformations beginning with water vapor from the Pacific Ocean, condensed to rain over California’s coastal mountains, running off as liquid water to the Central Valley, then to vapor again under the hot sun, picked by the westerlies, then condensed to serious rain or snow over the high Sierras, then back to water running off the Sierras, then evaporated again in the Great Basin and again picked up by the westerlies, then condensed again to snow as it is cooled over the Southern Rockies, then melted as runoff and groundwater for the Colorado River.

The freshwater dance: less than three percent of the planet’s water is in the freshwater cycle at any time, but all land-based life depends on that fraction, mostly in its liquid state. One notices, however, that the sun and wind that create it over the ocean and move it onto land work hard to return it to its vaporous state – and what we are doing to our atmosphere is making it easier for the vaporizing forces, and more difficult to keep enough liquid water for all life everywhere.

When it comes to contemplating the management and operation of a desert river, it’s useful to begin by trying to ignore all of the artificial boundaries drawn over the river basin, especially the state boundaries which (except for where the river divides California from Arizona) bear absolutely no resemblance to or reflection of any real geography. Dividing unsettled lands into large ‘territories,’ bounded by straight lines useful only in oceanic navigation, is an imperial ploy used to create weak political and economic states with a developed dependence on the powers that drew the lines – in our case, setting up resource supply territories for the ever-expanding industrial juggernaut ‘back east.’

Western US

If you can forget the state lines and look at nature’s usually blurrier or fuzzier lines – you don’t need to be hydrologist to see that a desert river divides naturally into two regions: a water-production region in the mountains and other uplands that receive most of the river-creating precipitation, and a water-consumption region, the deserts where the river’s water gradually disappears into atmospheric vapor, groundwater, or riparian life – now including extensive human activities taking some of the water a long way from the natural river channel.

Obviously the two regions require different management strategies, in a time of water-stress. In the Colorado River’s ‘water-consumption’ region, with humans now the largest consuming entity, the management challenge is in the broad range of activities that can be called ‘conservation’: implementing systemic changes like requiring low-flow fixtures in all construction or remodeling; determining the best balance of water uses and providing the carrots and sticks to work toward those balances; doing what can be done to capture whatever precipitation does fall rather than treating it as ‘storm runoff’; where possible ‘hiding’ stored water away from the sun through recharging underground aquifers; developing internal and inter-community water reuse and sharing systems for the metropolitan sprawls – et cetera.

Rendering of Phoenix’s proposed Cave Creek direct potable reuse project. Source: City of Phoenix

A lot of work is already being done in these ventures – mostly initiated by the cities themselves, or by large irrigation entities – sometimes working together with the cities. Such measures are expensive – some of them very expensive, like reuse systems requiring substantial disruptive replumbing, but they do ‘increase the water supply’ to the extent that water not needed in one place can fill a shortage somewhere else.

But an entirely different set of management challenges await up in the ‘water-production’ region – the 15 percent of the basin that produces 85-90 percent of its water – and not a lot is being done about those challenges, so far as I can tell, at least not in a conscious and deliberate way. Most of the water-production region is public land, and most of it is administered by the U.S. Forest Service which has a lot of other challenges on its plate.

But there is a factoid from the aforementioned Western Water Assessment study of Colorado River science that intrigues: they say that as much as 170 million ace-feet of precipitation falls on the Colorado River Basin, the majority of it in the mountain headwaters tributaries – yet only about 10 percent of that shows up in the river. What happens to the rest of it?

That’s what we will look at in the next post.

#NewMexico looking to recoup costs from #PFAS damages at military bases: A federal rule change means officials are seeking a judge to award monetary damages and power to compel cleanup — SourceNM.com

Contractors move equipment as part of a 2021 study of removing per- and polyfluoroalkyl (PFAS) from the aquifer under Cannon Air Force base, near Clovis, New Mexico. New Mexico asked a judge to require the federal government to pay current and future damages from PFAS in court documents filed Monday, July 8, 2024. (Courtesy U.S. Air Force Staff Sgt. Maxwell Daigle)

Click the link to read the article on the SourceNM.com website (Danielle Prokop):

July 10, 2024

New Mexico requested a judge order the federal government to pay the past and future costs of cleaning up ‘forever chemicals’ from military bases across the state, per court documents filed Monday.

The costs to remove the toxic chemicals called per- or polyfluoroalkyl substances (PFAS) grows into the billions and cleanup efforts stretch for years.

New Mexico officials argue the federal government needs to be accountable for PFAS contamination costs at Cannon Air Force Base, Holloman Air Force Base, Kirtland Air Force Base, White Sands Missile Range and Fort Wingate.

Now, after a federal rules change on Monday, they hope it will allow the state to recover damages and future cleanup costs for PFAS contamination left by the U.S. Department of Defense at military bases across New Mexico.

“We applaud the EPA’s listing of certain PFAS, or ‘forever chemicals,’ as hazardous substances under the Superfund statute,” New Mexico Attorney General Raúl Torrez said. “This enables us to pursue monetary damages and costs at federal facilities, as stated in our amended complaint.”

Torrez said the change means a federal law requiring polluters to pay to clean up contamination now applies to PFAS.

The designation of PFAS as a hazardous substance is separate from the EPA’s efforts to remove the forever chemicals in drinking water.

The filing makes the federal government liable to pay for current and future costs, repair damages to water, land, air and address impacts to wildlife and the state’s economy.

“This opens the door for us to really help communities like Clovis who have been suffering for far too long with this threat, if not actuality of PFAS,” New Mexico Environment Secretary James Kenney said.

He told Source New Mexico that if a judge grants the request, the timeline for payment would be uncertain, but pointed to a similar process on the Gold King Mine, which took several years.

The state has spent an estimated $8 million to $10 million on technical, legal costs and clean-up at Cannon and Holloman, Kenney said, but the estimates for cleanup at all sites will be expensive.

“We could easily be looking at up to 150 million, if not more, especially once we understand the magnitude of the damages,” Kenney said.

He said it’s unclear when the state will have an estimated cost of damages available.

“It depends if we have cooperation by the United States,” Kenney said. “I would say to be five and-a-half years in, and to be where we are today, does not scream – to me – cooperation.”

As part of those costs, New Mexico is looking to recoup at least $850,000 for the removal of thousands of PFAS-contaminated cow carcasses from a dairy farm next to Cannon, another $1.3 million for investigation contamination around bases, according to the complaint.

The filing amends a five-year old civil case before the federal District of South Carolina Court. That case combined 500 claims from across the country seeking damages from contamination caused by the use of a fire-fighting foam containing PFAS. The case has been in a discovery phase since 2020.

Specifically, New Mexico said the U.S. Army and the U.S. Air Force broke state law by failing to contain or “address contaminants, hazardous wastes, and hazardous substances,” listing how PFAS was found in groundwater and surrounding environment.

The original 2019 complaint only focused on Cannon and Holloman Air Force bases, but the amended complaint filed Monday expands to five sites.

New Mexico argued in their 65-page motion that while the federal government has acknowledged that PFAS poses “an imminent and substantial danger,” at Cannon, that they have failed to take action to clean up.

The complaint asked that the court grant the state the power to direct the federal government to “to take all steps necessary” on clean-up.

The U.S. Department of Defense deferred comment to the U.S. Department of Justice Tuesday.

New Mexico is embroiled in a second, separate federal lawsuit with the U.S. Department of Defense over PFAS, which is still in mediation, and is not part of the effort to recoup damages.

A String of Supreme Court Decisions Hits Hard at Environmental Rules — The New York Times #ActOnClimate #WOTUS

Click the link to read the article on The New York Times website (Coral Davenport). Here’s an excerpt:

June 29, 2024

This term, the court’s conservative supermajority handed down several rulings that chip away at the power of many federal agencies. But the environmental agency has been under particular fire, the result of a series of cases brought since 2022 by conservative activists who say that E.P.A. regulations have driven up costs for industries ranging from electric utilities to home building. Those arguments have resonated among justices skeptical of government regulation. On Friday [June 28, 2024], the court ended the use of what is known as the Chevron doctrine, a cornerstone of administrative law for 40 years that said that courts should defer to government agencies to interpret unclear laws. That decision threatens the authority of many federal agencies to regulate the environment and also health care, workplace safety, telecommunications, the financial sector and more…

But more remarkable have been several decisions by the court to intervene to stop environmental regulations before they were decided by lower courts or even before they were implemented by the executive branch. On Thursday, the court said the E.P.A. could not limit smokestack pollution that blows across state borders under a measure known as the “good neighbor rule.” In that case, the court took the surprising step of weighing in while litigation was still pending at the United States Court of Appeals for the District of Columbia Circuit.

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.

The court also acted in an unusually preliminary fashion last year when it struck down a proposed E.P.A. rule known as Waters of the United States that was designed to protect millions of acres of wetlands from pollution, acting before the regulation had even been made final…Similarly, in a 2022 challenge to an E.P.A. climate proposal known as the Clean Power Plan, the court sharply limited the agency’s ability to regulate greenhouse gas emissions from power plants, even though that rule had not yet taken effect.

That kind of intervention has little in the way of precedent. Usually, the Supreme Court is the last venue to hear a case, after arguments have been made and opinions have been rendered by lower courts…Collectively, those decisions now endanger not only many existing environmental rules, but may prevent future administrations from writing new ones, experts say…

For example, the court’s decision to curtail the E.P.A.’s authority to regulate wetlands and so-called ephemeral streams means that about half the nation’s wetlands could be polluted or paved without federal penalty, potentially harming thousands of species of plants and animals. In addition, new research has shown that the court’s decision also makes major American river basins vulnerable to pollution.

Geothermal Collegiate Competition Winners Partner With Osage Nation To Address Energy Sovereignty — NREL #ActOnClimate

NREL researcher Diana Acero-Allard presents the University of Oklahoma Team GeoTribe with their first-place certificate for the 2023 Geothermal Collegiate Competition. Photo by University of Oklahoma

Click the link to read the release on the NREL website (Kelly MacGregor):

June 10, 2024

The University of Oklahoma Won 2023 Technical Track With Their Design for Sustainable Greenhouse Heating and Cooling Using Geothermal Energy

How can we sustainably keep greenhouses cool in the summer and warm in the winter?

On May 2, 2024, the first-place team in the Technical Track of the 2023 Geothermal Collegiate Competition held a community event to showcase its innovative geothermal system, developed in partnership with the Osage Nation, which aims to do just that.

The team designed a system of geothermal wells in Pawhuska, Oklahoma, to heat and cool the Tribe’s 40,000-square-foot greenhouse, supporting efforts for native food sovereignty.

The proposed geothermal system design would help alleviate the challenge of maintaining a constant year-round growing temperature, which is critical in an area recognized as a food desert.

“The Harvestland greenhouse was created to provide the Osage Nation access to fruits and vegetables, especially during the food shortage during the pandemic,” said Jose Aramendiz, a Ph.D. candidate in petroleum engineering at The University of Oklahoma and a member of the GeoTribe team. “Helping the greenhouse be self-sufficient could lead to cut energy costs, allowing redirection of funds to increase the benefits the greenhouse provides to the community.”

Nabe Konate, Ph.D. candidate at the University of Oklahoma, explains the team’s winning project, which included partnership with the Osage Nation. Photo by University of Oklahoma

Through a geothermal resources assessment, the team found there is enough energy at about 2,000 feet below the surface to directly heat and cool the 40,000-square-foot greenhouse, as well as a nearby fish farm.

The team also investigated converting inactive oil and gas wells near the site, but they were not suitable because of their age and disrepair. But these wells could provide a great deal of information about the geological deposition and temperature of the site, helping inform the geothermal system design.

The students—Cesar Vivas, Nabe Konate, Jose Aramendiz, Gurban Hasanov, and Vagif Mammadzada—received $10,000 as a first-place prize, as well as additional funding to host the May 2 event. Their stakeholder engagement event included a networking session, presentations by the team and school leadership, and a tour of the Mewbourne School of Petroleum and Geological Engineering laboratories.

“In our experience, the stakeholders were a key part of our success,” said Konate, University of Oklahoma Ph.D. candidate and Team GeoTribe member. “Stakeholder engagement is important because it aligns people with common interest in working together to develop geothermal energy.” 

“The most important aspect was listening to the Tribal community’s past experiences, concerns, and advice,” said Aramendiz, also a Ph.D. candidate at The University of Oklahoma and a member of Team GeoTribe. “Learning from them and integrating their beliefs into our concept was key for our group to understand how we could collaborate respectfully.”

Administered by NREL and funded by the Geothermal Technologies Office at the U.S. Department of Energy, the Geothermal Collegiate Competition is an annual challenge that offers college students experience in the renewable energy industry and the chance to win cash prizes for developing real-world geothermal solutions.

The next Geothermal Collegiate Competition will open for registration in August 2024—sign up for the competition newsletter to stay up to date.

Geothermal Energy

Farmers in El Paso area cope with hotter weather, drier days

by Priscilla Totiyapungprasert, El Paso Matters
June 27, 2024

CLINT, Texas – When pecan farmer Guadalupe Ramirez glanced up at the overcast skies last Friday morning, he felt a sense of relief. The drizzle that came wasn’t much, he said, not like the burst of rainfall parts of El Paso received earlier that week. But still, he welcomed the light sprinkle of rain and cooler temperatures – a break, finally, from the relentless stretch of dry, 100-plus degree weather.

“The skies were gray, but not gray in sadness,” Ramirez said. “I thought ‘Oh, this is nice. It’s going to be a nice day.’”

Ramirez was flood irrigating his trees at Ramirez Pecan Farm that morning. The family-run farm, located in the small town of Clint east of the El Paso city limits, has 300 trees whose fruit are small and green in the summer. As the pecans ripen, the husks will turn brown and crack open, ready for harvest in late fall and winter.

But if the trees don’t get enough water, the pecans drop too early. Last summer’s brutal, record-breaking heat could even affect the quality of this year’s pecans if the orchard doesn’t experience a decent monsoon season, Ramirez said.

El Paso is already on track to have a summer that’s hotter than historical average. Last year, the U.S. Department of Agriculture updated its plant hardiness zone map based on decades of temperature data. El Paso shifted half a zone up because of warmer winters.

New pecans, tiny and green, appear in the foliage of trees at Ramirez Pecan Farm, June 21, 2024. Co-owner Lupe Ramirez says that o save resources, a tree stressed by heat and drought may drop its pecans early, leaving him with a far-reduced crop. (Corrie Boudreaux/El Paso Matters)

As climate change and human activities cause higher temperatures, longer heat waves and lower water levels, local farmers have no choice but to adapt if they want to keep their crops alive.

Longer stretches of hotter days “not a one-time deal”

About 9 miles north of Ramirez Pecan Farm, the Loya family also received a sprinkle – not the amount of rain they wanted. Ralph and Marty Loya manage Growing with Sara Farms in Socorro, selling fruit and vegetables from their farm store Bodega Loya, as well as through Desert Spoon Food Hub in El Paso.

Their farm has lost a couple rows of squash already. Workers will have to replant the lost crops, which requires more seed and compost, Marty said.

This June, workers had to harvest crops more quickly because the food can’t sit out in the sun, Marty said. Some food will dry out. Other foods, such as okra, grow bigger and harder. Timing is more critical than ever.

Ralph Loya finds ripe tomato on the vine at Growing With Sara farm, where he employs growing practices he learned from his father and grandfather. (Corrie Boudreaux/El Paso Matters)

It’s not just the timing of harvest. The timing of planting has also affected some crops, said Raymond Flores, farm assistant at La Semilla Food Center in Anthony, New Mexico, just west of El Paso.

Last year the first crop of corn planted in early spring didn’t do well, he said. The area experienced a streak of more than five consecutive weeks of triple-digit temperatures in June and July. Prolonged heat stress sterilized the pollen and affected the flowers, which couldn’t produce much corn.

The second planting around the end of May fared better, Flores said. The extreme heat wave had begun to subside by the time the corn stalks began flowering.

Tomato fertility is also particularly sensitive to the heat, he added. Last year’s tomato harvest came later than usual because the plants couldn’t produce until it cooled down. Workers use shade covers for the tomatoes.

Farmers in general are resilient and have already made changes because of the ongoing drought,” said Tony Marmolejo, operations development manager at Desert Spoon Food Hub. But the duration of last year’s high temperatures caught people off guard.

“When we got hit with the heat wave last year, everyone knew it wasn’t a one-time deal,” Marmolejo said. “Local farmers started making adjustments before this one came about.”

A basket of locally-grown carrots at Desert Spoon Food Hub on May 31, 2023. (Corrie Boudreaux/El Paso Matters)

Marmolejo coordinates with suppliers, mostly organic farms in El Paso and New Mexico, to place orders based on what they have available.

Desert Spoon Food Hub would usually get baby carrots around this time from a farm in Vado, New Mexico. But the carrots came earlier in the year and for a shorter time, Marmolejo said. So far, he’s seen less tomatoes and asparagus coming in. The squash and peaches aren’t coming in as early either.

“Not everybody got rain,” Marmolejo said of the recent break in weather patterns. “They have to use more water because there’s less moisture in the air, less moisture in the soil. But there’s less water supply, so it’s a no-win situation here.”

The El Paso area normally receives an inch of rain from May through June, but has only received 0.07 inches in the past two months, according to National Weather Service data.

Dwindling water supply also a concern

While most of the Ramirez farm is dedicated to pecan trees, it also grows alfalfa for livestock. But Ramirez said they stopped planting alfalfa in the last couple years because they need to save all the water for the pecan trees.

A grackle flies through an irrigated orchard at Ramirez Pecan Farm, June 21, 2024. The water that floods the orchards attracts animals in the summer heat. (Corrie Boudreaux/El Paso Matters)

To plan ahead, workers trim down the trees in the winter so, come summer, there’s less branches to hydrate. It’s a balancing act of quantity and quality. When water is limited, Ramirez has to be efficient if he wants his trees to produce quality pecans.

Ramirez waters his trees through flood irrigation every two to three weeks. 

Letting the soil get too dry and start cracking will stress the roots and make it difficult to retain moisture, he said. Older trees have deeper roots that can tap into the underground water basin, but if it’s a dry year, the water basin level also goes down.

If he receives less water from his allotment, he reduces irrigation to just enough to keep the trees alive, but that’s not enough to have the healthiest trees, he said.

His water allotment fluctuates depending on water levels at Elephant Butte reservoir in New Mexico. The reservoir feeds the Rio Grande canal system from which he and other El Paso farmers draw their water.

Lupe Ramirez, co-owner and manager of Ramirez Pecan Farm, shows the size difference between what he says is an average-sized pecan leaf and a leaf whose growth is stunted by heat and drought, June 21, 2024. (Corrie Boudreaux/El Paso Matters)

Rain helps in ways beyond water conservation. Rainwater has a different profile of nutrients, which includes nitrates, a form of nitrogen, Ramirez explained. The rain also knocks down pests such as aphids from the leaves, he added.

“Maybe it’s wishful thinking,” Ramirez said. “I’m hoping for a good wet season, but climate is changing.”

Monsoon, when the region normally receives the majority of its rainfall, runs from June 15 to Sept. 30. Last year, El Paso received 4 inches of rain, below its historic annual average of 9 inches.

Farmers plan for the future

Ralph Loya has had to water his crops more than usual this past month, using flood irrigation with canal water for the fruit trees and drip irrigation with municipal water for the vegetables. Like Ramirez, he also depends on his allotment from the Rio Grande – a river that’s been a source of irrigation for centuries, but has been choked by increasing development.

His wife, Marty, said they’re considering putting more shade structures on their produce fields as well as a new cover on their greenhouse next year. The shade creates cooler temperatures, which help the soil retain moisture.

Ramirez said he has a shallow well and has thought about installing a deeper well. But wells come with a hefty price tag and don’t address tightening water restrictions, he said.

Lupe Ramirez, co-owner and manager of Ramirez Pecan Farm, poses for a portrait in front of his farm store, where he sells homemade pecan candies and baked goods and raw, unshelled pecans, June 21, 2024. (Corrie Boudreaux/El Paso Matters)

If drought and extreme heat waves continue, small farms with less capital and access to resources could get pushed out of the industry, Flores said.

“The best time to take action against climate change is as soon as possible, but there’s only so much we can do,” Flores said. “It’s a giant system. It’s going to take the collective effort of everyone to change.”

This article first appeared on El Paso Matters and is republished here under a Creative Commons license.