The water nexus in #Coloradoโ€™s energy transition — Allen Best (@BigPivots) #YampaRiver #GreenRiver #ColoradoRiver #COriver #aridification #SouthPlatteRiver #ArkansasRiver #ActOnClimate

Coal fired plant near Hayden with the Yampa River 2015. Photo credit: Ken Nuebecker

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

August 17, 2024

Will there be a water bonus as we close coal plants? In the short term, yes. Itโ€™s harder to say in the long term. Hereโ€™s why.

Use it or lose it. Thatโ€™s a basic premise of Colorado water law. Those with water rights must put the water to beneficial use or risk losing the rights to somebody who can. Itโ€™s fundamentally anti-speculative.
But Colorado legislators this year created a major exception for two electric utilities that draw water from the Yampa River for coal-burning power plants. They did so through Senate Bill 24-197, which Gov. Jared Polis signed into law in Steamboat Springs in late May.

The two utilities, Xcel Energy and Tri-State Generation and Transmission Association, plan to retire the five coal-burning units โ€” two at Hayden and three at Craig โ€” they operate in the Yampa River Basin by late 2028. These units represent Coloradoโ€™s largest concentration of coal plants, 1,874 megawatts of generating capacity altogether. Thatโ€™s 40% of Coloradoโ€™s total coal-fired electrical generation. Together, they use some 19,000 acre-feet of water each year.

What will become of those water rights when the turbines cease to spin? And what will replace that power? The short answer is that the utilities donโ€™t know. Thatโ€™s the point of the legislation. It gives the utilities until 2050 to figure out their future.

While the legislation is unique to the Yampa Valley, questions of future water use echo across Colorado as its coal plants โ€” two units at Pueblo, one near Colorado Springs, one north of Fort Collins, and one at Brush โ€” all will close or be converted to natural gas by the end of 2030.

This story was originally published in the July 2024 issue of Headwaters Magazine. Photo above of the Hayden Generating Station and the Yampa River was taken by Ken Neubecker in spring 2015. All other photos by Allen Best unless otherwise noted.

Both Xcel and Tri-State expect that at least 70% of the electricity they deliver in 2030 will come from wind and solar. The final stretch to 100%? Thatโ€™s the hard question facing utilities across Colorado โ€” and the nation and world.

Natural gas is expected to play a continued role as backup to the intermittency of renewables. Moving completely beyond fossil fuels? No one technology or even a suite of technologies has yet emerged as cost-effective. At least some of the technologies that Xcel and Tri-State are looking at involve water.

Fossil fuel plants use less than 1% of all of Coloradoโ€™s water. Yet in a state with virtually no raw water resources left to develop, even relatively small uses have gained attention. Coloradoโ€™s power future will have implications for its communities and their water, but how exactly that will look remains unknown.

Emissions Goals

The year 2019 was pivotal in Coloradoโ€™s energy transition. State lawmakers adopted legislation that specified a 50% economy-wide reduction in greenhouse gas emissions by 2030 and 100% by 2050. A decade before, that bill would have been laughed out of the Colorado Capitol. Even in 2019, some thought it unrealistic. But proponents had the votes, and a governor who had run on a platform of renewable energy.

Something approaching consensus had been achieved regarding the risks posed by climate change. Costs of renewables had plummeted during the prior decade, 70% for wind and 89% for solar, according to the 2019 report by Lazard, a financial analyst. Utilities had learned how to integrate high levels of renewables into their power supplies without imperiling reliability. Lithium-ion batteries that can store up to four hours of energy were also dropping in price.

Colorado lawmakers have adopted dozens of laws since 2019 intended to dramatically reduce greenhouse gas emissions. Photo credit: Allen Best/Big Pivots

Tied at the legislative hip to the targets adopted in 2019 were mandates to Coloradoโ€™s two investor-owned electric utilities, Xcel Energy and Black Hills Energy. By 2030 they must reduce emissions by at least 80% compared to 2005 levels. Both aim to do even better.

Xcel, the largest electrical utility in Colorado, was already pivoting. In 2017, it received bids from wind and solar developers in response to an all-sources solicitation that caused jaws across the nation to drop. In December 2018 shortly after the election of Gov. Polis, Xcel officials gathered in Denver to boldly declare plans to reduce emissions by 80% by 2030. Platte River Power Authority, the provider for Fort Collins and three other cities in the northern Front Range, later that month adopted a highly conditioned 100% goal. In January 2020, Tri-State announced its plans to close coal plants and accelerate its shift to renewables โ€” it plans to reduce emissions by 89% by 2030. In December 2021, Holy Cross Energy, the electrical cooperative serving the Vail and Aspen areas, adopted a 100% goal for 2030. It expects to get to 91% by 2025.

Colorado Springs Utilities burned the last coal at the Martin Drake power plant along Fountain Creek in August 2022. Photo credit: Allen Best/Big Pivots

Coloradoโ€™s emissions-reduction goals are economy wide, not just for power production. In practice, this means replacing technologies in transportation, buildings and other sectors that produce greenhouse gas emissions with low- or no-emissions energy sources. As coal plants have closed, transportation has become the highest-emitting sector. Colorado had 126,000 registered electric vehicles and hybrids as of June but hopes to have 940,000 registered by 2030. Buildings pose a greater challenge because most of us donโ€™t replace houses the way we do cars or cell phones. Solutions vary, but many involve increased use of electricity instead of natural gas.

A final twist that has some bearing on water is Coloradoโ€™s goal of a โ€œjust transition.โ€ House Bill 19-1314 declared that coal-sector workers and communities were not to be cast aside. Efforts would be made to keep them economically and culturally whole.

Possible Water Dividends

The Cherokee Generating Station north of downtown Denver is now a natural gas-fired power plant.

Where does this leave water? Thatโ€™s unclear and, as the 2024 legislation regarding the Yampa Valley spelled out, it is likely to remain unclear for some time. The law prohibits the Division 6 water judge โ€” for the Yampa, White and North Platte river basins โ€” from considering the decrease in use or nonuse of a water right owned by an electric utility in the Yampa Valley.

In other words, they can sit on these water rights through 2050 while they try to figure what technologies will emerge as cost competitive. Xcel Energy and Tri-State will not lose their water rights simply because theyโ€™re not using them during this time as would, at least theoretically, be the case with other water users in Colorado.

Conversion of the Cherokee power plant north of downtown Denver from coal to natural gas provides one case study of how energy shifts can affect water resources. Xcel converted the plant to natural gas between 2010 and 2015. Its capacity is now 928 megawatts.

Richard Belt, a water resources consultant for Xcel, says that when Cherokee still burned coal, it used 7,000 to 8,000 acre-feet of water per year; since 2017, when natural gas replaced coal, it uses 3,000 to 3,500 acre-feet per year.

Does that saved water now flow downstream to farmers in northeastern Colorado?

โ€œIf the wind is really blowing, there could be some water heading downstream on certain days,โ€ Belt answered. In other words, thereโ€™s so much renewable energy in the grid that production from the gas plant at times is not needed. A more concrete way to look at this conversion, Belt says, is to step back and look at Xcelโ€™s water use more broadly across its system. It also has the Rocky Mountain Energy Center, a 685-megawatt combined-cycle natural gas plant along Interstate 76 near Keenesburg that it bought in 2009 and began operating in 2012. With the plant came a water contract from Aurora Water.

Xcel has been renegotiating that contract, which it projects will be effective in early 2025. The new contract will allow Xcel to take water saved at Cherokee and instead use it at the Rocky Mountain Energy Center. That will allow it to use 2,000 acre-feet less of the water it has been leasing from Aurora each year. Belt says it will save Xcel customers around $1 million a year in water costs.

โ€œAnother way to look at this dividend is that weโ€™re going to hand [Aurora] two-thirds of this contract volume, around 2,000 acre-feet a year, and they can use that water within their system,โ€ Belt explains.

Other coal-burning power plants have also closed in recent years, with water dividends of their own. One small coal plant in southwestern Colorado at Nucla, operated by Tri-State, was closed in 2019. In 2022, Xcel shut down one of its three coal units at the Comanche Generating Station in Pueblo.

Colorado Springs Utilities stopped burning coal at its Martin Drake coal-fired plant in 2021, which is located near the cityโ€™s center, and replaced it with natural gas. It used some 2,000 acre-feet of water per year in the early 2000s, and was down to only 14 acre-feet per year in 2023. Colorado Springs Utilities โ€” a provider of both electricity and water โ€” delivers 70,000 to 75,000 acre-feet of water annually to its customers. Whatever water savings were achieved in that transition will be folded into the broader operations. The cityโ€™s remaining coal plant, Ray Nixon, burns both coal and natural gas. The city delivers about 2,000 acre-feet per year to Nixon to augment groundwater use there.

The 280-megawatt Rawhide coal-fired power plant north of Fort Collins is to be shut down by 2030. Platte River Power Authority, which owns and operates the plant, had not yet chosen a replacement power source as of June 2024. Platte River delivers electricity to Estes Park, Fort Collins, Longmont and Loveland.

The Cherokee plant along the South Platte River north of downtown Denver uses significantly less water since tis conversion from coal to natural gas. Photo credit: Allen Best/Big Pivots

That leaves just the 505-megawatt Pawnee among Coloradoโ€™s existing coal plants. The plant near Brush is to be retrofitted to burn natural gas by 2026. The water dividend? Xcel is trying to keep its options open.

The one commonality among all the possible power-generating technologies that Xcel may use to achieve its goal of emissions-free energy by 2050 is that, with the exception of some battery technologies, they all require water, says Belt. And that, he says, means it would be unwise to relinquish water without first making decisions about the future.

Thatโ€™s why this yearโ€™s bill was needed. Coloradoโ€™s two biggest electrical providers, Xcel and Tri-State, both with coal plants retiring in the Yampa Valley, have questions unanswered.

The Future of Energy

Strontia Springs Dam and Reservoir, located on the South Platte River within Waterton Canyon. It is ranked #32 out of 45 hydroelectric power plants in Colorado in terms of total annual net electricity generation. Photo by Milehightraveler/iStock

What comes next? Obviously, lots more wind and solar. Lots. The graph of projected solar power in Colorado through this decade looks like the Great Plains rising up to Longs Peak. Construction of Xcelโ€™s Colorado Power Pathway, a 450-mile transmission line looping around the Eastern Plains, will expedite renewables coming online. Tri-State is also constructing new transmission lines in eastern Colorado. The plains landscape, San Luis Valley, and other locations could look very different by the end of the decade.

Very little water is needed for renewables, at least once the towers and panels are put into place.

You may well point out that the sun goes down, and the wind doesnโ€™t always blow. Storage is one holy grail in this energy transition. Lithium-ion batteries can store energy for four hours. That works very effectively until it doesnโ€™t. Needed are new cost-effective technologies or far more application of known technologies.

One possible storage method, called iron-rust, will likely be tested at Pueblo in 2025 by a collaboration between Xcel and Form Energy, a company that proclaims it will transform the grid. It could provide 100 hours of storage. Tri-Stateโ€™s electric resource plan identifies the same technology.

Granby Dam was retrofitted at a cost of $5.1 million to produce hydroelectricity effective May 2016. It produces enough electricity for about 570 homes. Photo/Northern Water

Other potential storage technologies involve water. Pumped-storage hydropower is an old and proven technology. It requires vertical differences in elevation, and Colorado has that. In practice, finding the right spots for the two reservoirs, higher and lower, is difficult.

Xcel Energyโ€™s Cabin Creek project between Georgetown and Guanella Pass began electrical production in 1967. In this closed-loop system, water from the higher reservoir is released through a three-quarter-mile tunnel to the second reservoir 1,192 feet lower in elevation. This generates a maximum 324 megawatts to help meet peak demands or to provide power when itโ€™s dark or the wind stops blowing. When electricity is more freely available, the water can be pumped back to the higher reservoir. Very little water is lost.

Near Leadville, the U.S. Bureau of Reclamation has a pumped-storage hydropower project at Twin Lakes, the Mt. Elbert Power Plant, with a more modest elevation difference. The plant can generate up to 200 megawatts of electricity.

Graphic credit: Joan Carstensen

A private developer with something similar in mind has reported reaching agreements with private landowners along the Yampa River between Hayden and Craig. With private landowners, the approval process would be far easier than if this were located on federal lands. Cost is estimated at $1.5 billion.

Belt points out that the Federal Energy Regulatory Commission has streamlined the permitting process for pumped-storage hydro but that technology remains expensive and projects will take probably 10 to 12 years to develop if everything goes well.

โ€œDuring that 10 to 12 years, does something new come along? And if youโ€™re committed to pumped storage, then you canโ€™t pivot to this new thing without a financial impact,โ€ he says, explaining a hesitancy around pumped storage.

Green hydrogen is another leading candidate in the Yampa Valley and elsewhere. It uses electrolysis to separate the hydrogen and oxygen in water. Renewable energy can be used to fuel the electrolysis. Thatโ€™s why it is called green hydrogen as distinct from blue hydrogen, which uses natural gas as a catalyst. A news story in 2023 called it a โ€œdistant proposition.โ€ Costs remain high but are falling. Tax incentives seek to spur that innovation.

Gov. Polisโ€™ administration remains optimistic about hydrogen. It participated in a proposal for federal funding that would have created underground hydrogen storage near Brush. That proposal was rejected, but Will Toor, the chief executive of the Colorado Energy Office, has made it clear that green hydrogen and other emerging technologies remain on the table. Xcel says the same thing. โ€œItโ€™s not something we are going to give up on quite yet,โ€ says Belt. The water savings from the conversion of coal to natural gas could possibly play into those plans.

Gov. Jared Polis stopped by the Good Vibes River Gear in Craig in March 2020 prior to attending a just transition workshop. Photo credit: Allen Best/Big Pivots

Polis is bullish on geothermal, both kinds. The easier geothermal uses the relatively constant 55 degree temperatures found 8 to 10 feet below ground to heat and cool buildings. The Colorado Capitol has geothermal heating, but the most famous example is Colorado Mesa University, where geothermal heats and cools about 80% of the campus. This technology may come on strong in Colorado, especially in new construction.

Can heat found at greater depths, say 10,000 feet or from particularly hot spots near the surface, be mined to produce electricity? California generates 10.1% from enhanced geothermal, Nevada 5.1%, and Utah 1.5%. Colorado generates zero. At a June conference, Polis said he thought geothermal could produce 4% to even 8% of the stateโ€™s electricity by 2040. Geothermal for electric production would require modest water resources.

Nuclear? Those plants, like coal, require water. Many smart people believe it may be the only way that civilization can reduce emissions as rapidly as climate scientists say is necessary to avoid catastrophic repercussions. Others see it as a way to accomplish just transition as coal plants retire.

Costs of traditional nuclear remain daunting. Critics point to projects in other states. In Georgia, for example, a pair of reactors called Vogtle have been completed but seven years late and at a cost of $35 billion, more than double the projectโ€™s initially estimated $14 billion price tag. The two reactors have a combined generating capacity of 2,430 megawatts.

New reactor designs may lower costs. The Nuclear Regulatory Commission in 2023 certified design of a small-modular reactor by NuScale. It was heralded as a breakthrough, but NuScale cancelled a contract later that year for a plant in Idaho, citing escalating costs.

With a sodium fast reactor, integrated energy storage and flexible power production, the Natrium technology offers carbon-free energy at a competitive cost and is ready to integrate seamlessly into electric grids with high levels of renewables. Graphic credit: http://NatriumPower.com

Greater optimism has buoyed plans in Wyoming by the Bill Gates-backed TerraPower for a 345-megawatt nuclear plant near the site of a coal plant at Kemmerer. It has several innovations, including molten salt for energy storage and a design that allows more flexible generation, creating a better fit with renewables. Ground was broken in June for one building. An application for the design is pending with the U.S. Nuclear Regulatory Commission. Gates has invested $1 billion and expects to invest many billions more in what he estimates will be a $10 billion final cost. He also hopes to see about 100 similar plants and reduced costs. Other companies with still other designs and ideas say they can also reduce costs. All these lower-cost nuclear solutions exist in models, not on the ground. Uranium supply remains problematic, at least for now, but more difficult yet is the question of radioactive waste disposal.

Into The Future

The potential for nuclear is balled up in the issue of just transition. Legislators in 2019 said that coal communities would not be left on their own to figure out their futures. What this means in practice remains fuzzy.

Consider Pueblo. Xcel Energy on August 1 is scheduled to submit to the Colorado Public Utilities Commission what is being called the Pueblo Just Transition Electric Resource Plan. Through that plan, Xcel must determine to what extent it can, through new generating sources, leave Pueblo economically whole after it closes the coal plants. Existing jobs will be lost, although others in post-closure remediation of the site will be gained. What, then, constitutes a just transition for Pueblo?

What will Xcel propose in October for Pueblo as it makes plans for the retired of the last of the Comanche coal-burning units in 2030? Photo credit: Allen Best/Big Pivots

A task force assembled by Xcel Energy in January delivered its conclusions after nearly a year of study: โ€œOf all of the technologies that we studied, only advanced nuclear generation will make Pueblo whole and also provide a path to prosperity,โ€ concluded the task force. They advised that a natural gas plant with carbon capture would be a distinctly secondary choice.

What will happen with the water in Pueblo? Xcel Energy has a take-or-pay water contract with Pueblo Water for 12,783 acre-feet per year for the Comanche Generating Station. It must pay for the water even if it does not take it. Pueblo Water has a similar take-or-pay contract for 1,000 acre-feet annually for the 440-megawatt natural gas plant operated by Black Hills Energy near the Pueblo airport.

The draw of these water leases from the Arkansas River isnโ€™t that notable, says Chris Woodka, president of the Pueblo Water board, even in what he describes as a โ€œsmall year,โ€ with low flows in the river. These water leases constitute some 5% or less of the riverโ€™s water, Woodka says. Xcel could tap that same lease for whatever it plans at Pueblo. And if it has no use? โ€œWe havenโ€™t had many conversations around what we would do if that lease goes away, because it is so far out in the future.โ€

Xcel and Tri-State both own considerable water rights in the lower Arkansas Valley, near Las Animas and Lamar. Neither utility has shared plans for using the water, as the ideas of coal or nuclear power plants that initially inspired the water purchases never moved forward. Water in both cases has been leased since its acquisition to Arkansas Basin agricultural producers in order to maintain an ongoing beneficial use.

Yampa River. Photo credit: Yampa River Integrated Water Management Plan website

Why donโ€™t Tri-State and Xcel lease their water in the Yampa River as they do in the Arkansas? Jackie Brown, the senior water and natural resources advisor for Tri-State, explains that there is no demand for additional agricultural water in the Yampa Basin. About 99% of all lands capable of supporting irrigated agriculture already get water. This is almost exclusively for animal forage. This is a valley of hay.

However, the Yampa River itself needs more water. The lower portion in recent years has routinely suffered from low flows during the rising heat of summer. Some summers, flows at Deerlodge, near the entrance to Dinosaur National Monument, have drooped to 20 cubic feet per second. Even in Steamboat, upstream from the power plants, fishing and other forms of recreation, such as tubing, have at times been restricted.

One question asked in drafting the legislation this year was whether to seek protection with a temporary instream flow right for some of the 45 cfs that Tri-State and Xcel together use at the plants at Craig and Hayden. The intent would have been to protect the delivery of some portion of that water to Dinosaur National Monument through 2050. That idea met resistance from stakeholders.

Instead, a do-nothing approach was adopted. Those framing the bill expect that most of the time, most of the water will flow downstream to Dinosaur anyway. In most years, no demands are placed on the river from November through the end of June. The challenge comes from July through October. The amount of water, used formerly by coal plants, that reaches Dinosaur will depend upon conditions at any particular time. Have the soils been drying out? Has the summer monsoon arrived?

The Yampa River at Deerlodge Park July 24, 2021 downstream from the confluence with the Little Snake River. There was a ditch running in Maybell above this location. Irrigated hay looked good. Dryland hay not so much.

โ€œEven if youโ€™re adding even half of that [45 cfs], it is a big deal,โ€ says Brown. โ€œIf you can double the flow of a river when itโ€™s in dire circumstances itโ€™s a big deal.โ€

A study conducted by the Colorado River Water Conservation District several years ago examined how much water released from Elkhead Reservoir, located near Hayden, would reach Dinosaur. The result: 88% to 90% did.

Brown says river managers will be closely studying whether the extra water can assist with recovery of endangered fish species and other issues. โ€œThereโ€™s a lot of learning to be done. My key takeaway is that thatโ€™s really going to contribute to the volume of knowledge that we have and the future management decisions that are made.โ€

A larger takeaway about this new law is that it gives Coloradoโ€™s two biggest electrical providers time. Xcel and Tri-State donโ€™t know all the answers as we stretch to eradicate emissions from our energy by mid-century. Many balls are in the air, some interconnected, each representing a technology that may be useful or necessary to complement the enormous potential of wind and solar generation now being created. All of these new technologies will require water. Some water in the conversion from coal is being saved now, but itโ€™s possible it will be needed in the future.

No wonder Xcelโ€™s Belt says its โ€œimprudent in a very water-constrained region to let go of a water asset that you may not get back, until you know how some of these balls are going to land.โ€

Four #ColoradoRiver states, feds ramp up negotiations on water #conservation credits — Fresh Water News #COriver #aridification

Receding waters at Lone Rock in Lake Powell illustrate the impacts of megadrought. Hydroelectric generation will be endangered if the lake continues to shrink. Credit: Colorado State University

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

August 14, 2024

Colorado River officials in four states, including Colorado, are negotiating a new agreement with the federal government to conserve water and get credit to protect against possible cutbacks in the future.

Water conservation is a big issue in the Colorado River Basin, where prolonged drought, a changing climate, and overuse have strained the water supply for 40 million people. Currently, water conserved on a farm simply reenters streams and can be used by anyone downstream. The negotiations aim to set up a program to track, count and store that water so it can benefit the four Upper Basin states โ€” Colorado, New Mexico, Utah and Wyoming.

Coloradans have asked for a conservation credit program, and this is a way of addressing that feedback, said Commissioner Becky Mitchell, Coloradoโ€™s representative on the Upper Colorado River Commission.

โ€œOne of the things that I heard primarily was that we need to be getting credit for the work that we are doing, and we need to be getting credit for it now,โ€ Mitchell said Monday during the commissionโ€™s meeting.

Farmers, ranchers and other water users are already being paid to cut back their use of Colorado River water. Last year, taxpayers paid farmers and ranchers $16 million to cut their water use through the System Conservation Pilot Program.

The program led to water savings, but it did not require tracking and storing the water. Theoretically, water conserved in the Upper Basin could simply flow downstream to be used on farms, ranches and cities in the Lower Basin, according to critics of the program.

After years of debating and studying possible water credit programs, the commission ramped up its efforts to set up a program in July.

The commission hasnโ€™t explicitly defined how credits will be used yet beyond saying they will benefit Upper Basin states. One possible use is to save up the credits and use them to fulfill the Upper Basinโ€™s interstate water sharing obligations if river conditions worsen drastically and trigger mandatory cuts in the Upper Basin.

Commissioners and officials from the U.S. Bureau of Reclamation, which manages the basinโ€™s vital storage reservoirs, aim to draft a conservation-for-credit agreement by the end of September.

It will identify general criteria for projects that could potentially conserve water for credit, like where conservation is taking place, who can participate, how the program would be regulated and how they plan to calculate conserved water.

If the commissioners approve the draft agreement, they will also have the option to move forward with accepting project proposals. The goal is to have applications in by October and to launch conservation projects in 2025, said Chuck Cullom, the commissionโ€™s executive director.

The process aligns with a highly anticipated funding announcement from the federal government in October, which follows a flood of $450 million in federal funds for environmental projects announced in July.

Establishing a conservation-for-credit program wonโ€™t be simple.

Building a long-term program to track and store conserved water raises questions about equity, funding, economic impacts and whether the idea is feasible at all.

The devil is in the details, said Andy Mueller, general manager of the Colorado River Water Conservation District, a public water planning and policy agency that spans over half the Western Slope (which is part of the Colorado River Basin).

Andy Mueller, the general manager of the Colorado River District, speaking at the district’s annual seminar on the Colorado RIver, on Sept. 14, 2018 in Grand Junction. Muller expressed concerns about how the state of Colorado might deal with falling water levels in Lake Powell and Lake Mead. Photo credit: Brent Gardner-Smith/Aspen Journalism

He wants to make sure a future program will not disproportionately impact one region, like the Western Slope. Farmers and ranchers in western Colorado have made nearly all of the water cuts through the conservation pilot program, even though communities across the state use Colorado River water.

โ€œItโ€™s a complex accounting world, and it takes time,โ€ he said Monday after tuning into the virtual commission meeting along with about 100 other participants. โ€œWe do think theyโ€™re moving in the right direction.โ€

The potential program also has to coordinate with a set of high-stakes negotiations among all seven Colorado River states to decide the rules for storing, releasing and cutting back on water in the riverโ€™s main reservoirs, like Lake Powell and Lake Mead. These new rules wonโ€™t go into effect until after 2026.

Any credits gained before the end of 2026 will be counted but wonโ€™t be able to be used by the Upper Basin until after that process is complete, Cullom said.

The Upper Basin promised to conserve water in a proposal outlining how the four states envision future Colorado River management. Setting up a new conservation program shows the entire basin that the Upper Basin is taking action to cut back on water use, the state commissioners said.

More by Shannon Mullane

Map credit: AGU

Summit County pledges $1M toward purchase of โ€˜criticalโ€™ water rights for the #ColoradoRiver, local recreation economy — Summit Daily News #COriver #aridification

A view of the popular Pumphouse campground, boat put-in and the upper Colorado River. Photo credit: Brent Gardner-Smith/Aspen Journalism

Click the link to read the article on the Summit Daily website (Ryan Spencer). Here’s an excerpt:

August 14, 2024

Grand, Eagle, Garfield and Mesa counties as well as local governments and water entities in Colorado have also pledged funds towards the $99 million purchase of the Shoshone water rights

The Summit County Commissioners have committed $1 million to support the Colorado River Districtโ€™s effort toย purchase and permanently protect the water rightsย associated with the Shoshone Hydroelectric Power Plant. For decades, the Colorado River District has been in talks with Xcel Energy to buy the rights to water used for Xcelโ€™sย Shoshone Generating Station, a hydroelectric plant in Glenwood Canyon. Last winter, the river districtย reached a historic dealย to purchase the water rights from the utility company forย $99 million. To date, more thanย half of that moneyย has been raised. The vote Tuesday, Aug. 13, by the Summit County Commissioners moves the water district a step closer to closing on water rights important to communities up and down the Colorado River.

Rafters lift their paddles in the air as they make their way through a series of rapids on the Blue River as the Gore Range rises above the scene. Performance Tours Rafting/Courtesy photo

The flows guaranteed by the Shoshone rights provide critical water supplies that drive the recreation economies including rafting, kayaking and fishing in Summit, Grand and Mesa counties, according to the river district. Colorado River District general manager Andy Mueller called the commitment from Summit County, โ€œa powerful statement of solidarity and foresight.โ€

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

The river district says the flows also are critical to the habitat of four fish listed on the federal Endangered Species Act as well as water security and quality for Western Slope agriculture and drinking water supplies. Since the river district struck a deal to purchase the water rights from Xcel in December, more than 20 Western Slopeย water entitiesย andย local governmentsย have contributed $15.25 million in local funding. That includes the $1 million from Summit County,ย $1 million pledged by Grand County,ย $1 million from Mesa County,ย $2 million from Eagle Countyย andย $3 million from Garfield County. The state government has contributed anย additional $20 million, and the Colorado River Districtโ€™s Community Funding program has also contributed $20 million, bringing the total funds secured to date to $55.25 million, according to the river district. The river district says it is now turning its sights to a federal funding opportunity to secure additional funds toward the $99 million required to purchase the water rights

The latest seasonal outlooks (through November 30, 2024) are hot off the presses from the #Climate Prediction Center

#Drought news August 15, 2024: Parts of S.W. #Nebraska, #Kansas, #Colorado, and S.E. #Wyoming saw heavier rains, recent rainfall led to local improvements to ongoing short-term moderate drought along the #Utah-Colorado border

Click on a thumbnail graphic to view a gallery of drought data from the US Drought Monitor website.

Click the link to go to the US Drought Monitor website. Here’s an excerpt:

This Week’s Drought Summary

Widespread improvements to ongoing areas of abnormal dryness or drought continued across parts of the eastern United States this week as the remnants of Hurricane Debby moved up the Atlantic Coast. Locally over 10 inches of rain fell in parts of the eastern Carolinas, while widespread rain amounts of at least an inch or two (locally much higher) were common through the eastern Mid-Atlantic and Northeast states. In these areas of heavier rains, one- or two-category improvements to ongoing drought or abnormal dryness were widespread. In eastern portions of the Midwest and across much of the Southeast and south-central United States (except for Oklahoma and the Texas Panhandle), primarily dry weather prevailed, mostly leading to unchanged or worsening drought or abnormal dryness. Swaths of heavy rain fell in parts of northwest Missouri, Oklahoma, northeast New Mexico, Colorado, and southeast Wyoming, leading to localized improvements in drought or abnormal dryness in these areas. The central and north-central United States were mostly cooler than normal this week, especially from Kansas north into the Dakotas and Minnesota, where temperatures from 6 to 12 degrees below normal were widespread. Near- or warmer-than-normal temperatures were common in the West, with the warmest temperatures of 3 to 9 degrees above normal primarily occurring in California, Nevada, and Utah. The eastern United States saw a mix of above- and below-normal temperatures, though most places finished the week within 3 degrees of normal…

High Plains

Mostly cooler-than-normal weather occurred this week across the High Plains states east of the Continental Divide. Temperatures from Kansas northward into the Dakotas ranged mostly from 6 to 12 degrees below normal. Precipitation amounts varied more widely; parts of southwest Nebraska, Kansas, Colorado, and southeast Wyoming saw heavier rains. This led to improvements in drought or dryness where precipitation deficits lessened. Other areas of central and eastern Nebraska, southeast and northeast Kansas, and western North Dakota were drier, leading to development or expansion of drought and abnormal dryness. Mostly dry weather also continued in western South Dakota where moderate and severe drought continued, and continued dry weather may lead to worsening conditions. Western Wyoming also saw expansions of drought conditions along the Idaho border amid continued dry short-term conditions…

Colorado Drought Monitor one week change map ending August 13, 2024.

West

Mostly warmer-than-normal weather occurred this week across the West, especially in Utah, Nevada, and Californiaโ€”where temperatures were locally 3-9 degrees warmer than normal. West of Utah and Arizona, mostly dry weather occurred, while heavier rains fell in parts of northeast New Mexico and portions of Utah. The locally heavy rains in northeast New Mexico led to local improvements where precipitation deficits lessened in the short- and long-term. Recent rainfall led to local improvements to ongoing short-term moderate drought along the Utah-Colorado border. Elsewhere, scattered degradations occurred in the northern half of the West region. Northeast Montana saw expansion of moderate and severe drought due to short-term precipitation deficits and deficits in streamflow and soil moisture. A few degradations occurred across southern Idaho due to short-term dryness and streamflow deficits. Similar conditions in southeast Oregon and portions of Washington led to degrading conditions…

South

Except for the Texas Panhandle and Oklahoma, the South saw primarily dry weather this week. Soil moisture and streamflow dropped in parts of western Tennessee amid growing precipitation deficits, leading to expansion of abnormal dryness and short-term moderate drought there. Similar conditions in Mississippi, portions of Louisiana, and Arkansas led to moderate drought and abnormal dryness expansion. Farther west in Oklahoma, a couple heavy bands of rain fell across central and eastern parts of the state during nighttime thunderstorm complexes. This led to widespread improvements in ongoing drought. A two-category improvement occurred from southern Oklahoma City through Norman, where rainfall amounts of 6 or more inches were common. Heavier rains in the western Texas and Oklahoma Panhandles led to localized improvements where precipitation deficits lessened. Much of Oklahoma and Texas along and just south of the Red River saw short-term dryness intensify, leading to large-scale degradation in drought and abnormal dryness. Temperature anomalies across the region varied north to south. The northern half the region was mostly near normal or cooler than normal (locally 3 or more degrees below normal), while the southern half of the region ranged from near normal up to 3 or more degrees above normal…

Looking Ahead

Through August 19, the National Weather Service Weather Prediction Center is forecasting mostly drier weather in the West, aside from some monsoonal moisture in Utah and Arizona and precipitation in northwest parts of Montana and Washington. Heavier rainfall amounts, locally exceeding an inch, are possible primarily east of the Missouri River and along and north of the Ohio River, covering parts of the Midwest and Northeast.

Looking ahead to the period from August 20-24, the National Weather Service Climate Prediction Centerโ€™s forecast favors below-normal temperatures in the Great Lakes, parts of the Upper Midwest and Northeast. South and west of here, warmer-than-normal temperatures are favored, especially from Arizona and New Mexico through Texas and the Gulf Coast. A small area of below-normal temperatures is favored from northern California through the western halves of Washington and Oregon. Wetter-than-normal weather is slightly favored along the Atlantic Coast, the northwest Great Plains, and the central and northern Rocky Mountains, while higher confidence for wetter-than-normal weather exists from northwest California through northwest Oregon and most of Washington. Warmer-than-normal weather is favored in Hawaii, and above-normal precipitation is favored on the Big Island, while equal chances for above- or below-normal precipitation exist elsewhere in Hawaii. In Alaska, warmer-than-normal temperatures are favored in the southeast, while cooler-than-normal temperatures are more likely in central and western portions of the state. The forecast favors drier-than-normal weather in the southeast half of Alaska, while central and northwest Alaska are more likely to receive above-normal precipitation.

US Drought Monitor one week change map ending August 13, 2024.

Topsoil Moisture % short/very short week ending August 11, 2024 — @NOAADrought

37% of the Lower 48 is short/very short, 2% more than last week. Topsoils dried out in Nevada and from the Gulf to the Midwest. Driest soil conditions remain in New Mexico, West Virginia, and the Pacific Northwest.

A plan to save #ColoradoRiver water could come with big costs, both financial and environmental — KUNC #COriver #aridification

JB Hamby, Imperial Irrigation District’s vice chairman, walks near an irrigated field in the Imperial Valley on June 20, 2023. A new water conservation plan in the district will see more than half a billion dollars spent to incentivize farmers to use less. Photo credit: Alex Hager/KUNC

Click the link to read the article on the KUNC website (Alex Hager):

August 14, 2024

This story is part of ongoing coverage of the Colorado River, produced by KUNC and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.

The Colorado Riverโ€™s largest water user agreed to leave some of its supplies in Lake Mead in exchange for a massive federal payout. But environmental advocates say the plan was rushed and could harm wildlife habitat and air quality.

The Imperial Irrigation District, which supplies water to farms in the Southern California desert, stands to receive more than $500 million from the Inflation Reduction Act. The cutbacks, spread out over the next three years, are part of a plan to prop up Lake Mead. Mead is the nationโ€™s largest reservoir and holds water for farms and major cities like Los Angeles, Phoenix and Las Vegas.

State and federal leaders are under pressure to cut back on water demand as climate change shrinks supplies. Imperial, which has a larger allocation of Colorado River water than any other farming district or city between Wyoming and Mexico, has ended up in the crosshairs as a result.

โ€œIID has cleared enormous hurdles to make this deal happen,โ€ JB Hamby, Imperialโ€™s vice chairman, wrote in a press release. โ€œThere is no excuse for inaction anywhere along the river.โ€

In 2023, farmers in the Imperial Valley told KUNC that payments were the only way to get them to use less. That message has landed with policymakers too. The federal government set aside $4 Billion for Colorado River work, and a sizable portion of that has been directed specifically at programs that incentivize farmers to reduce their water use. Those programs have already spent big in the Imperial Valley and other faraway farm districts.

Sun bakes the Salton Sea on June 21, 2023. Environmental advocates worry that a new water-saving plan would result in the lake drying further, harming wildlife habitat and air quality by sending windblown dust toward nearby communities. Photo credit: Alex Hager/KUNC

But as money flows to the Imperial Valley, environmental and health advocates want to make sure thereโ€™s enough set aside to stave off negative impacts of bringing less water to the area.

Changes to Imperial Valley water use are virtually inseparable from changes to the Salton Sea.

Itโ€™s a giant lake on the Valleyโ€™s north end, and itโ€™s mostly filled with runoff from nearby farm fields. As the valleyโ€™s farmers use less water, the Salton Sea will continue to dry up, reducing habitat for the flocks of migratory birds that stop there and producing dust storms that increase the risk of asthma and other respiratory diseases among the valleyโ€™s residents.

Nataly Escobedo Garcia, water policy coordinator at the Leadership Counsel for Justice & Accountability, co-signed a July letter asking the federal government to go further in protecting wildlife and air quality as it works on water cutbacks near the Salton Sea.

โ€œWe completely believe in conserving that water,โ€ she said. โ€œWe want to make sure that we have a healthy system, because we also depend on the Colorado River water system. But given the amount of funding that’s available to do this conservation, we don’t see why some of that can’t go towards these direct impacts that communities are going to feel.โ€

Some critics of the conservation planโ€™s rollout said the process was rushed, and didnโ€™t allow enough time for public comment on its impacts to the environment. The conservation agreement was inked about five hours after the federal government released its Environmental Assessment.

โ€œYou had ample time to do a full environmental impact report, which our community deserves,โ€ Eric Reyes, executive director of local nonprofit Los Amigos de la Comunidad, said at the Imperial Irrigation District board meeting on Tuesday.

โ€œMy disappointment overflows,โ€ he said. โ€œThe public needs to be informed, we need to be engaged, and this is not the way to do it, at the last second.โ€

Northern Water Board Increases #Colorado-Big Thompson Quota Allocation (70% to 80%) #drought #ColoradoRiver #SouthPlatteRiver

Map of the Colorado-Big Thompson Project via Northern Water

Click the link to read the release on the Northern Water website (Jeff Stahla):

August 14, 2025

In response to a flash drought that has developed throughout the northern Front Range, the Board of Directors of the Northern Colorado Water Conservancy District has increased the quota allocation of the Colorado-Big Thompson Project by 10 percentage points. 

In a unanimous vote, the Board on August 14, 2024, increased the quota from 70 percent to 80 percent, meaning an approximate 31,000 acre-feet of water will be made available to allottees of the Project. 

According to the U.S. Drought Monitor, a large area of eastern Boulder and Larimer counties have entered severe drought status in July, and an area of drier conditions in the Longmont-Boulder area has worsened into extreme drought conditions, putting at risk the ability of farmers to finish production of their crops for 2024. 

Water storage levels in the Project are adequate to meet the additional quota declaration.  

Northern Waterโ€™s Board typically sets an initial quota in November and a supplemental quota in April, but there have been occasions in which additional quota has been allocated, including in 2020 and 2022. In April, the Board set the quota at 70 percent, which allowed project allottees to access seven-tenths of an acre-foot for each allotment contract unit they own. 

Colorado Drought Monitor map August 6, 2024.

#California farmers agree to conserve 700,000 acre-feet of water in #LakeMead through 2026 — The #Nevada Current

Lake Mead, December 2020. Photo credit: Brian Richter

Click the link to read the article on The Nevada Current website (Jennifer Solis):

August 14, 2024

The Imperial Irrigation District in California, which uses more Colorado River water than any other district in the West, finalized an agreement on Monday to leave up to 700,000 acre-feet of water in Lake Mead through 2026.

As part of the landmark conservation agreement with the U.S. Bureau of Reclamation, the district will receive federal funding for conservation programs from 2024 through 2026 to conserve up to 300,000 acre-feet a year of water that will remain in Lake Mead to aid the drought-stricken Colorado River.

Funding will be used to pay agricultural water users to implement field-level conservation measures, and short-term pauses of water-intensive crops like established Alfalfa, Bermuda grass, and Klein grass crops.

The agreement approved on Monday by the Imperial Irrigation District Board of Directors is the largest conservation agreement in terms of volume anywhere in the Colorado River Basin, according to the district. The Imperial Irrigation District, serves a large portion of the Coachella Valley in the Colorado Desert region of Southern California.

As of August, Lake Mead is at 33% of capacity, meaning even the latest conservation efforts in California are unlikely to halt emergency water cuts this summer. In 2021 and 2022, Lake Powell and Lake Mead โ€” the two largest reservoirs in the nation โ€” both fell below critical thresholds, triggering emergency cuts and federal action to protect the lakes.

Rebecca Mitchell, John Entsminger, Estevan Lopez, Gene Shawcroft, JB Hamby, Tom Buschatzke at the Getches-Wilkinson Center/Water and Tribes Initiative Conference June 6, 2024. Photo credit: Rebecca Mitchell

JB Hamby, the Vice Chairman of the Imperial Irrigation District and the Colorado River Commissioner for California, said the Imperial Irrigation Districtโ€™s โ€œefforts provide an example for other states and regions to follow as we plan for a drier future in the Colorado River basin.โ€

โ€œIID has cleared enormous hurdles to make this deal happen โ€” there is no excuse for inaction anywhere along the river,โ€ he continued.

The new agreement builds on the 100,000 acre-feet of water the Imperial Irrigation District agreed to conserve in Lake Mead last year, a total of about 800,000 acre-feet of conservation through 2026.

Under additional water transfer agreements, the Imperial Irrigation District plans to conserve about 24% of their annual water entitlement for the next three years, or about 500,000 acre feet a year of water. 

The districtโ€™s aggressive conservation efforts are part of the Lower Basin Plan between Arizona, California, and Nevada to conserve 3 million acre-feet of water by 2026 to protect the Colorado River system from extended drought.

In total, the agreement adds up to over half of Californiaโ€™s commitment to conserve up to 1.6 million acre-feet of water, a total approved by the Bureau of Reclamation for the final Supplemental Environmental Impact Statement for Near-term Colorado River Operations drafted last year.

In 2022, Congress passed the Inflation Reduction Act to provide $4 billion in funding to the Bureau of Reclamation to mitigate drought in the western United States, prioritizing the Colorado River Basin.

โ€œThe decisive action taken by our Board today demonstrates how the District and our water users work together to make meaningful contributions to the Colorado River,โ€ said Gina Dockstader, Imperial Irrigation District Director. โ€œWe value the collaborative relationship with the Bureau of Reclamation that has allowed us to craft an agreement we can all support and make a difference.โ€

Imperial Irrigation District Board of Directors Acts to Protect #ColoradoRiver, #SaltonSea with New #Conservation Agreement: Landmark conservation agreement with the federal government to leave up to 700,000 AF of water in #LakeMead through 2026

Salton Sea with the Imperial Valley in the foreground. Ted Wood/The Water Desk

Click the link to read the release on the Imperial Irrigation District website:

August 12, 2024

Today,the Imperial Irrigation District Board of Directors approved a landmark conservation agreement with the federal government to leave up to 700,000 acre-feet of water in Lake Mead through 2026.

The Boardโ€™s approval of the System Conservation Implementation Agreement (SCIA) with the U.S. Bureau of Reclamation will provide funding for the implementation of conservation programs from 2024 through 2026 to conserve up to 300,000 acre-feet a year of water that will remain in Lake Mead to aid the drought-stricken Colorado River.

The conservation programs authorized under the SCIA include expanding IIDโ€™s existing On-Farm Efficiency Conservation Program (OFECP) and a new Deficit Irrigation Program (DIP). The OFECP incentivizes agricultural water users to implement field-level conservation measures while the DIP would fund short-term idling of established Alfalfa, Bermuda grass, and Klein grass crops. These water conservation measures will unlock the balance of nearly $250 million in federal funding for Salton Sea restoration efforts, authorized in a 2022 historic agreement to accelerate the construction of thousands of acres of dust suppression and aquatic habitat projects.

โ€œThe decisive action taken by our Board today demonstrates how the District and our water users work together to make meaningful contributions to the Colorado River and the Salton Sea,โ€ said Gina Dockstader, IID Director and Salton Sea Authority President. โ€œWe value the collaborative relationship with the Bureau of Reclamation that has allowed us to craft an agreement we can all support and make a difference.โ€

โ€œIIDโ€™s efforts provide an example for other states and regions to follow as we plan for a drier future in the Colorado River basin,โ€ stated JB Hamby, IID Vice Chairman and Colorado River Commissioner for California. โ€œIID has cleared enormous hurdles to make this deal happen โ€” there is no excuse for inaction anywhere along the river.โ€

A Collaborative Effort with Far-Reaching Impact

Advocated by the seven Colorado River Basin States, Congress in August 2022 authorized the Inflation Reduction Act to provide $4 billion in funding to the Bureau of Reclamation to mitigate drought in the western United States, prioritizing the Colorado River Basin. In October 2022, the Bureau of Reclamation established the Lower Colorado River Basin System Conservation and Efficiency Program for water delivery contractors, entitlement holders, and tribes.

The program provides funding for near-term water conservation, through 2026, to generate conserved water that remains in the Colorado River system. The agreement approved today by IID is the largest volumetric SCIA anywhere in the Colorado River Basin, and when combined with IIDโ€™s 2023 SCIA, will create in excess of 800,000 acre-feet of conservation.

This adds up to over half of Californiaโ€™s commitment to conserve up to 1.6 million acre-feet of water, as a part of the May 2023 Lower Basin Plan that Reclamation authorized in the May 2024 Record of Decision for the final Supplemental Environmental Impact Statement for Near-term Colorado River Operations.

Support for Imperial Valley Agriculture

The 2024 โ€“ 2026 SCIA will fund the development of significant volumes of conserved water over the next three years that, when combined with IIDโ€™s existing 2003 Quantification Settlement Agreement large-scale conservation and transfer programs, will total up to 750,000 acre-feet of conservation each year, or about 24 percent of IIDโ€™s annual Colorado River entitlement.  The federal funding for this conservation is commensurate with IIDโ€™s San Diego County Water Authority water transfer program.

About IID and Farming in Imperial Valley:

  • IID has conserved over 7.7 million acre-feet of water since 2003, with 1.5 million generated through the On-Farm Efficiency Conservation Program since 2013.
  • Last year, IID conserved 106,111 AF of System Conservation Water that was left in Lake Mead under a 2023 SCIA.
  • In 2023, IID generated over 500,000 AF of conservation with 215,382 AF created by IID growers participating in the On-Farm Efficiency Conservation Program.
  • Imperial Valley farmers and IID continue to ramp up water conservation efforts annually, utilizing advanced irrigation technologies and sustainable farming practices, including the installation and use of sprinklers, drip systems, field reconfiguration and precision land-leveling, tailwater return systems, and other field-level conservation measures.
  • Imperial Valley remains one of California’s and the Colorado River Basinโ€™s top agricultural producers, with one in every six jobs directly related to agriculture, the backbone of the local economy.
“New plot using the nClimGrid data, which is a better source than PRISM for long-term trends. Of course, the combined reservoir contents increase from last year, but the increase is less than 2011 and looks puny compared to the โ€˜holeโ€™ in the reservoirs. The blue Loess lines subtly change. Last year those lines ended pointing downwards. This year they end flat-ish. 2023 temps were still above the 20th century average, although close. Another interesting aspect is that the 20C Mean and 21C Mean lines on the individual plots really donโ€™t change much. Finally, the 2023 Natural Flows are almost exactly equal to 2019. (17.678 maf vs 17.672 maf). For all the hoopla about how this was record-setting year, the fact is that this year was significantly less than 2011 (20.159 maf) and no different than 2019” — Brad Udall

#ColoradoRiver Connectivity Channel Final Season of Construction – Summer 2024 — Northern #Colorado Water Conservancy District #COriver #aridification

Proposed bypass channel for the Colorado River with Windy Gap Reservoir being taken offline, part of the agreements around Northern Water’s Windy Gap Firming project.

The finishing touches are just around the corner for the historic and broadly supported Colorado River Connectivity Channel (CRCC). After having been talked about for decades, the CRCC, which has aquatically reconnected two segments of the Colorado River around Windy Gap Reservoir for the time since the reservoir was built in the 1980s, is heading into its third and final construction season, with work expected to wrap up this fall. In this new 5-minute video, Northern Water and Colorado Parks and Wildlife officials discuss the ramping back up of construction, goals for the final construction season, and how fish have been successfully using the new channel since water first started flowing though it back in October.

Biden-Harris Administration Delivers $105 Million from Investing in America Agenda for Water #Conservation and Efficiency Projects

Meter installed to measure water use in Texas. Photo credit: USBR

Click the link to read the release on the Bureau of Reclamation website:

August 5, 2024

The Department of the Interior today announced a nearly $105 million investment as part of the Presidentโ€™s Investing in America agenda for 67 water conservation and efficiency projects that will enhance drought resilience across the nation. The investment comes from the Bipartisan Infrastructure Law and annual appropriations.

President Bidenโ€™sโ€ฏInvesting in America agendaโ€ฏrepresents the largest investment in climate resilience in the nationโ€™s history and provides much-needed resources to enhance Western communitiesโ€™ resilience to drought and the effects of climate change. Through the Bipartisan Infrastructure Law, the Bureau of Reclamation is investing a total of $8.3 billion over five years for water infrastructure projects, including rural water, water storage, conservation and conveyance, nature-based solutions, dam safety, water purification and reuse, and desalination. Since the President signed the Bipartisan Infrastructure Law in November 2021, Reclamation has announced $4.2 billion for 575 projects to date.

โ€œAccess to clean, reliable water is essential for feeding families, growing crops, sustaining wildlife, and powering agricultural businesses,” said Acting Deputy Secretary Laura Daniel-Davis. “Enabled by the Presidentโ€™s Investing in America agenda, the Biden-Harris administration is bringing historic resources to bear to ensure the stability and sustainability of the Colorado River Basin in the wake of severe drought and to safeguard communities across the West, by strengthening climate resilience and facilitating water conservation.โ€

โ€œAs we work to counter the impacts of drought and climate change, we must embrace opportunities to increase water and energy efficiency wherever possible,โ€ said Reclamation Commissioner Camille Calimlim Touton. โ€œThe Presidentโ€™s Investing in America agenda provides the resources to expand these conservation efforts that include canal lining, meter installation, conservation incentives, and gate automation.โ€

Reclamation anticipates that the projects, located in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, Texas, Utah and Wyoming, will save more than 111,000 acre-feet of water annually. Thatโ€™s enough water to supply approximately 447,000 people for a year. This builds upon $140 million announced for water and energy efficiency projects last year. The complete list of projects can be found on Reclamation’s website.

Some of Arizonaโ€™s Most Valuable Water Could Soon Hit the Market: A small tribal community along the #ColoradoRiver could become a major player in the stateโ€™s water supply — Circle of Blue #COriver #aridification

The Colorado River Indian Tribes have the right to divert 662,402 acre-feet of water per year from the Colorado River for use on their lands in Arizona. Congress recently granted the tribes authority to lease some of this water to entities elsewhere in the state. Photo ยฉ Brett Walton/Circle of Blue

Click the link to read the article on the Circle of Blue website (Brett Walton):

August 12, 2024

PARKER, Arizona โ€“ South of Headgate Rock Dam, beyond riverbanks lined with willow and mesquite, the broad floodplain of the Colorado River spreads across emerald fields and sun-bleached earth.

The Colorado River has nourished these lands in present-day western Arizona for millennia, from the ancestral Mohave people who cultivated corn, squash, beans, and melons, to the contemporary farmers of the Colorado River Indian Tribes, or CRIT, whose reservation extends for 56 miles along its namesake river.

CRIT has rights to divert a large volume of Colorado River water โ€“ nearly 720,000 acre-feet in Arizona and California combined, which is more than twice Nevadaโ€™s allocation from the river. To this point, the water has remained within the bounds of the CRIT reservation. But soon, the water might flow to lands far beyond CRITโ€™s borders.

Due to an act of Congress signed into law in January 2023, CRIT now has the authority to lease or exchange its water for use elsewhere in Arizona. (The authority does not apply to water rights held by CRIT on the California portion of its reservation.) Agreements signed in April with the Arizona Department of Water Resources and the federal Bureau of Reclamation to fulfill administrative requirements in the legislation brought the tribes another step closer to greater control over their water.

What remains is the work of negotiation, both within CRIT and with potential leaseholders. CRIT leadership must decide what it wants in leasing deals โ€“ how much water to part with, to whom, for what price, and for how many years. And they will have to find a partner who agrees to those terms.

CRITโ€™s leasing authority opens a new chapter, not only for the tribes but for other water users in the state who might covet CRITโ€™s high-value, high-priority Colorado River water. Leasing this water would represent a financial windfall for CRITโ€™s more than 4,600 enrolled members. CRIT leadership has framed it as an economic and civic development opportunity. For those on the other side of the deal โ€“ be they environmental groups, farm districts, mining companies, or fast-growing cities in the center of the state โ€“ it is a rare chance for a relatively secure source of water in an arid region where most supplies are already claimed or running out. Homebuilders west of Phoenix, for instance, have recently seen their access to local groundwater restricted by state regulators.

For CRIT leaders, the new powers come at an auspicious time. They see their duty as stewards of the river intersecting with the mounting challenges of maintaining Arizonaโ€™s desert empire amid merciless heat and a drying climate.

โ€œWith the climate crisis and the drought going on at the present time, thereโ€™s going to be a major shortage of water,โ€ Dwight Lomayesva, CRIT Tribal Council vice chairman, said at a conference in March. โ€œBut we would like to be part of the solution to the problem.โ€

A Valuable Asset

CRIT is a union of sorts. Four tribes with distinct histories live on the 278,000-acre reservation that spans Arizona and California. The Mohave, known for farming and beadwork, and the Chemehuevi, masterful basket weavers, were original inhabitants of the land. The Hopi and Navajo came later. The federal Bureau of Indian Affairs relocated members of the two northeastern Arizona tribes to the area after World War Two.

Some 79,350 acres are farmed on the Arizona portion of CRITโ€™s reservation. More acres are dedicated to alfalfa than any other crop. Photo ยฉ Brett Walton/Circle of Blue

CRITโ€™s history and location translate into a strong water rights position. Like in most western states, water in Arizona is based on a priority system. โ€œFirst in time, first in right,โ€ as the saying goes. Junior users, who have a later priority date, are cut off first in times of shortage, while senior users like CRIT who have earlier claims can continue to divert.

CRITโ€™s reservation along the banks of the Colorado was established in 1865, making it one of the first in time in Arizona for water rights โ€“ and one of the last to lose access to water. Crucially, leased water retains its place in the priority system. Thatโ€™s what makes it valuable, said Cynthia Campbell, the water resources management adviser for Phoenix. โ€œThatโ€™s front of the line, basically.โ€

Not only does CRIT have secure water. The tribes also have a lot of it. Comparatively speaking, their water rights are massive. A display at the CRIT Museum makes the point visually. Tubes of foam insulation painted blue depict the volume of water held by tribes along the lower Colorado River. CRIT has the right to divert 662,402 acre-feet per year to its Arizona lands and 56,846 acre-feet to its much smaller landholdings across the river in California. The museum display reflects this bounty โ€“ the blue foam bar representing CRITโ€™s water towers over the others.

For now, CRIT is keeping its water leasing intentions close to the vest. Chairwoman Amelia Flores and Tribal Council members declined to be interviewed for this story.

John Bezdek, CRITโ€™s lawyer, said that Tribal Council had been focused on finalizing the state and federal agreements and is now turning its attention to how it might structure leases. โ€œThereโ€™s a number of additional steps that need to be done in terms of developing a water code, developing provisions on how proposals will be evaluated, looking at those types of things,โ€ Bezdek said. โ€œAnd so that is all being done right now. Weโ€™re working on the next steps internally.โ€

Despite that public reticence, the contours of CRITโ€™s thinking have been previewed in other venues. Vice Chairman Dwight Lomayesva outlined his thoughts on the matter in a panel discussion earlier this year, when he participated in the Eccles Family Rural West Conference, held in Tempe, on March 27.

Lomayesva reiterated the cultural and spiritual significance of the Colorado River to his people. โ€œWe want to save the river,โ€ he said. โ€œWeโ€™re not just a benevolent nation trying to help other countries and tribes and water districts.โ€

CRIT has a history of working with state and federal agencies to protect the Colorado River. The tribes participated in a pilot farmland fallowing program from 2016 to2019, in which they saved 45,373 acre-feet for storage in Lake Mead. That deal was the precursor to a larger commitment in 2020, when the tribes pledged to fallow 10,000 acres of farmland and store 50,000 acre-feet of water per year in the basinโ€™s largest reservoir. For the three-year effort, the tribe earned $38 million, from the state and the Environmental Defense Fund.

CRITโ€™s capacity to lease water is directly related to the farming operations that take place on the reservation. About 79,350 acres are farmed on its Arizona lands, mostly for alfalfa. Some of the land is farmed by a tribal enterprise, but many of the acres are leased by non-tribal members. A majority of the fields are flood irrigated, an inefficient method in which only half of the water is taken up by the crop. The rest eventually flows back to the river or evaporates.

This is important because CRIT can only lease water that it has put to consumptive use in at least three of the previous five years. The consumptive-use stipulation is part of the agreement signed with Arizona and Reclamation in April. CRIT diverts less Colorado River water than its allocation, so the agreement dictates that the tribes canโ€™t part with unused water to which they have rights but bypasses their fields. In effect, it means that water conserved from farming is water that can be leased.

โ€œThatโ€™s a very, very important component that we then have to factor into in terms of how we want to develop the program,โ€ Bezdek said.

A huge impediment is CRITโ€™s obsolete means of moving water to its fields. The Bureau of Indian Affairs, a federal agency, owns and operates the Colorado River Irrigation Project, an irrigation system that is, by all accounts, deteriorating and badly needs repair. It was developed piecemeal starting in the 1870s and diverts water into the main line canal at Headrock Gate Dam. Two-thirds of the 232 miles of lateral canal are made of packed dirt, Lomayesva said. (All quotes from Lomayesva in this piece are from his comments at the March conference.)

Lomayesva said that one study pegged the cost of rehabilitating the system at $300 million โ€“ an amount of money that CRIT cannot afford. And even if it could, Lomayesva said that because the tribes do not own the water delivery infrastructure, they would hesitate to invest in it. But he said that leasing deals could provide the capital for farming on the reservation to become more efficient.

โ€œWeโ€™re going to only market the water if we can use those funds to develop conservation systems โ€“ sprinklers instead of flood [irrigation], pipes instead of dirt ditches, recycle some of that water and reuse it again,โ€ Lomayesva said. โ€œThatโ€™s the only reason why we would market our water.โ€

Others have concluded that the outdated irrigation system is a hindrance. โ€œThe high cost to repair infrastructure, including lining canals, reconstructing gates and turnouts, and realigning reaches of the system, limit the Tribesโ€™ ability to realize the full potential value of its water,โ€ according to a 2018 Bureau of Reclamation study.

CRIT recently asked BIA to increase the amount it charges for irrigation water because the tribes believe that the system is underfunded and additional revenue could improve the irrigation infrastructure.

BIA did not respond to interview requests.

The Bureau of Indian Affairs, a federal agency, owns and operates the canal system that supplies the Colorado River Indian Tribes reservation with irrigation water. The system, which draws from the Colorado River, was developed piecemeal starting in the 1870s and needs repair. Photo ยฉ Brett Walton/Circle of Blue

Tribal members voted on an ordinance in 2019 that endorsed leasing and set certain boundaries for its implementation. The ordinance, which passed with 63 percent of the vote, was the result of an attempt a year earlier to recall all nine council members over some residentsโ€™ objections to leasing. Two council members, including former chairman Dennis Patch, lost their seats.

Under the ordinance, Tribal Council intends that the same number of acres will be farmed after water is leased. โ€œWe are farmers,โ€ Lomayesva said. โ€œWe are farmers first, and we will probably always be farmers. And we want to continue farming. But the savings from conservation efforts, we could make some of that water available.โ€

The way for that to happen is for farming on the reservation to become more efficient โ€“ and that means applying less water to the fields. It could happen through conservation. But what tribal leaders like Lomayesva really want is a better irrigation system.

โ€œWater could be made available for conservation or off-reservation leasing, exchange or storage in accordance with the requirements of the federal legislation and agreements if deferred maintenance was addressed along with improvements to the irrigation project,โ€ according to a statement from the tribal government.

From the 2018 Tribal Water Study, this graphic shows the location of the 29 federally-recognized tribes in the Colorado River Basin. Map credit: USBR

How much water might be available? In 2018, CRIT participated in a Bureau of Reclamation study to assess current and future tribal water use in the Colorado River basin. CRIT told Reclamation to assume that up to 150,000 acre-feet per year might be leased and moved off the reservation by 2060. CRIT used the same figure in a December 7, 2020, public meeting discussing the proposed legislation to authorize leasing. However, at the end of July the tribal government said in a statement, โ€œNo decisions have been made on a baseline amount of water to be available for leasing.โ€

What about the length of the leases? Many leases signed as part of a settlement extend for 99 or 100 years. CRITโ€™s authorizing legislation caps leases or exchange agreements at 100 years. But otherwise CRIT will be a free agent, able to negotiate its terms. Several water policy experts in Arizona interviewed for this story said they heard CRIT was considering a lease length of 25 years. The tribes, however, said in a statement that they have not decided any lease parameters.

Farming is a cultural legacy and economic driver for the Colorado River Indian Tribes. Photo ยฉ Brett Walton/Circle of Blue

The length is significant because of state water supply rules for municipalities. The Arizona Department of Water Resources requires proof of a 100-year supply. A shorter lease would not fully satisfy that requirement, but the water could be used in other ways, said Kathryn Sorensen, the former director of the Phoenix water department. It could be stored underground to offset groundwater pumping, or be paired with other water to fulfill the stateโ€™s 100-year directive. In the end, it will be a cost-benefit analysis for cities whether to lease CRIT water with a shorter term, she said.

โ€œEach provider is going to have to weigh the length of the lease versus the priority and weigh the value,โ€ said Sorensen, who is now with the Kyl Center for Water Policy at Arizona State University. โ€œBut, look, itโ€™s the highest priority Colorado River water in the state. So itโ€™s bound to be very valuable, even with a short [lease] term.โ€

Autonomy and Flexibility

Though it has liquid riches, this form of tribal wealth has been stuck in place. Tribes elsewhere in Arizona determined their rights to the Colorado, Gila, Salt, Verde and other rivers through negotiated settlements.

In these agreements, tribes generally ceded a portion of their historical rights in exchange for state and federal funding to build the infrastructure that would deliver water to their lands. A settlement currently before Congress โ€“ the Northeastern Arizona Indian Water Rights Settlement โ€“ is the largest yet, a $5 billion proposal to determine water rights and build water supply and energy generation systems for the Navajo Nation, Hopi Tribe, and San Juan Southern Paiute.

Those settlements typically include leasing provisions. Twenty-four tribes in the West and eight in Arizona currently have leasing authority. The Fort McDowell Indian Communityโ€™s settlement, approved by Congress in 1990, for instance, sends 4,300 acre-feet a year to Phoenix. The lease extends for 99 years. Other central Arizona cities, including Gilbert, Glendale, Mesa, and Scottsdale, lease Colorado River water from the tribes, as do mining companies and a housing developer.

CRIT, however, is an entirely different case study. The tribes did not receive their water through a settlement. Their rights were part of the U.S. Supreme Court decree in 1964 that resolved a Colorado River quarrel between Arizona and California and set water allocations in the lower basin. The decree granted CRIT a significant volume of Colorado River water but it did not confer the right to lease. Instead, CRIT had to seek the blessings of Congress to gain leasing authority.

CRIT is now celebrating that authority. In April, three weeks before the state and federal agreements were signed, the tribes held a Water Rights Day, a community festival โ€œhonoring our continued commitment to the living river.โ€

This story was produced by Circle of Blue, in partnership with The Water Desk at the University of Colorado Boulderโ€™s Center for Environmental Journalism.

Native America in the Colorado River Basin. Credit: USBR

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 โ€” 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 toย Las Colonias Park in Grand Junction, Colorado.ย It, too, was a remediation site for tailings removal and it, too, is adjacent to the Colorado River…

Contamination from what the locals call โ€œThe Pileโ€ has been a problem for the Colorado River in Grand County โ€” 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 โ€” also shipped by rail. That includes the successful removal of 14 autoclaves โ€” each weighing 16,000 pounds, according to project spokeswoman Barbara Michel.

Wildlife experts still hunting for source of invasive mussels in #ColoradoRiver — KUNC

This tiny young zebra mussel larvae was found in water from the Colorado River near Grand Junction. Wildlife officials are doing more tests to find the source of the invasive mussels and stop them from establishing. Photo credit: Colorado Parks & Wildlife

Click the link to read the article on the KUNC website (Alex Hager):

August 5, 2024

This story is part of ongoing coverage of the Colorado River, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.

Water users in Western Colorado are awaiting results of ramped-up testing efforts to control invasive zebra mussels after they were found in the Colorado River and an irrigation canal near Grand Junction. The mussels spread quickly, and can cause wide-reaching harms such as damage to irrigation equipment and disruptions to river ecosystems for native fish.

Ongoing testing is aimed at finding the source of the young zebra mussel larvae and stopping them before they become fully established.

โ€œIt’s really kind of looking for a needle in a haystack,โ€ said Rachel Gonzales, a spokeswoman for Colorado Parks and Wildlife.

Colorado Parks and Wildlife found young zebra mussel larvae during routine testing in early July. A few weeks later, more samples from two different locations in the Colorado River included those young mussels, called veligers. Another sample, taken from the Government Highline Canal also had a mussel veliger.

Zebra mussel infestation

State officials and local agricultural leaders have sounded an alarm about the mussels, which had never before been seen in that particular stretch of the Colorado River. Tina Bergonzini, Grand Valley Water Users Association General Manager, called the discovery โ€œdevastating.โ€

The mussels, which latch on to hard surfaces, can clog irrigation pipes and cut off farmers from their water supplies. That would cause harm for the areaโ€™s economy, much of which relies on irrigation.

โ€œThe Grand Valley is based on agriculture,โ€ Bergonzini said. โ€œA lot of it is vineyards and peach growers. So having zebra mussels get infested into the infrastructure of our commercial ag growers hits not only the agricultural industry, but also our tourism industry.โ€

Bergonziniโ€™s agency, which provides irrigation water to more than 23,000 acres in Mesa County, is working with an environmental consultant to come up with a response plan. She said the consultant has learned from other mussel infestations in the region. Similar mussels are a persistent challenge for some water providers in the lower portion of the Colorado River Basin, such as the Central Arizona Project, which carries Colorado River water to the Phoenix area.

Cattle graze in the Grand Valley on Jan. 25, 2024. Zebra mussels could clog the valley’s irrigation pipes and cause trouble for the area’s agriculture-driven economy. Alex Hager/KUNC

โ€œWe are going to be quite aggressive with mitigating and managing moving forward to make sure that we don’t have the presence of adult mussels,โ€ Bergonzini said.

Wildlife experts also worry about the impact of zebra mussels on the river food chain. They eat small aquatic prey like plankton, adding new competition for fish with similar diets.

Zebra mussels and a related species called the quagga mussel are widespread throughout the Great Lakes region and other areas east of the Colorado River basin. Native to Europe, they were likely introduced and spread throughout parts of the U.S. by boats. To stem further spread in the Southwest, wildlife agencies track boats to prevent cross-contamination and require boaters to clean, drain and dry their watercraft before putting them back in a new body of water.

US air force avoids #PFAS water cleanup, citing supreme courtโ€™s #Chevron ruling: EPA says Tucsonโ€™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,ย Arizona, claiming federal regulators lack authority after the conservative-dominatedย US supreme courtย overturned the โ€œChevron doctrineโ€. Air force bases contaminated the water with toxicย PFAS โ€œforever chemicalsโ€ย and other dangerous compounds. Though former USย Environmental Protection Agencyย (EPA) officials and legal experts who reviewed the air forceโ€™s claim say the Chevron doctrine ruling probably would not apply to the order, theย militaryโ€™sย 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 courtโ€™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 Juneย overturned the 40-year-old Chevron doctrine, one of its most important precedents. The decision sharply cut regulatorsโ€™ 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 EPAโ€™s ability to protect the public from pollution, and the Tucson dispute highlights the high stakes in such scenarios โ€“ 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) โ€“ volatile organic compounds โ€“ andย PFASย 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 nationโ€™s most polluted areas. The EPA in late Mayย issued an emergency orderย 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.

The next Navajo Unit operations meeting is August 20, 2024 #SanJuanRiver #ColoradoRiver #COriver #aridification

From email from Reclamation (Susan Behery):

As the #RioGrande runs dry, South #Texas cities look to alternatives for water — The Texas Tribune

By Berenice Garcia, The Texas Tribune

July 18, 2024

As the Rio Grande runs dry, South Texas cities look to alternatives for water” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans โ€” and engages with them โ€” about public policy, politics, government and statewide issues.

Subscribe to The Yโ€™all โ€” a weekly dispatch about the people, places and policies defining Texas, produced by Texas Tribune journalists living in communities across the state.


EDINBURG โ€” The Rio Grande is no longer a reliable source of water for South Texas.

Thatโ€™s the sobering conclusion Rio Grande Valley officials are facing as water levels at the international reservoirs that feed into the river remain dangerously low โ€” and a hurricane that could have quenched the area’s thirst turned away from the region as it neared the Texas coast.

Although a high number of storms are forecast this hurricane season, relief is far from guaranteed and as the drought drags on.

For now, the stateโ€™s most southern cities have enough drinking water for residents. However, the regionโ€™s agricultural roots created a system that could jeopardize that supply. Cities here are set up to depend on irrigation districts, which supply untreated waters to farmers, to deliver water that will eventually go to residents. This setup has meant that as river water for farmers has been cut off, the supply of municipal water faces an uncertain future.

This risk has prompted a growing interest among water districts, water corporations and public utilities that supply water to residents across the Valley to look elsewhere for their water needs. But for several small, rural communities that make up a large portion of the Valley, investing millions into upgrading their water treatment methods may still be out of reach.

A new water treatment facility for Edinburg will undoubtedly cost millions of dollars but Tom Reyna, assistant city manager, believes the high initial investment will be worth it in the long run.

“We see the future and we’ve got to find different water alternatives, sources,” Reyna said. “You know how they used to say water is gold? Now it’s platinum.”

For Edinburg, one of the fastest growing cities in the Valley, the need for water will only grow as their population does. While the city hasnโ€™t faced a water supply issue yet, the ongoing water shortage in South Texas combined with the growing population has put local officials on alert for the future of their water supply.

The Falcon and Amistad International reservoirs feed water directly into the Rio Grande. And while water levels have been low, cities and public utilities have instituted water restrictions that limit when residents can use sprinkler systems and prohibits the washing of paved areas.

Cities have priority over agriculture when it comes to water in the reservoirs. Currently, the reservoirs have about 750,000 acre feet of which 225,000 acre feet are reserved for cities.

A resaca near agriculture fields near Los Fresnos, on Wednesday, July 17, 2024. The Rio Grande Valley is facing a drought, greatly affecting farmers in the region.
A former channel of the Rio Grande, or resaca, winds through agriculture fields near Los Fresnos, on Wednesday. The Rio Grande Valley is facing a drought, greatly affecting farmers in the region. Credit: Eddie Gaspar/The Texas Tribune

Of those 225,000 acre feet, each city or public utility or water supply corporation can purchase what are known as โ€œwater rightsโ€ which grants them permission from the state to use that water.

But without water for farming, more and more of the water that they own is being lost just in transporting the water to their facilities and thatโ€™s directly due to the loss of water for farmers.

This relationship with the agriculture industry arose because irrigation districts were created here first. Cities came after and because they used less water, they were set up to depend on irrigation districts.

Water meant for residential use rides atop irrigation water to water treatment plants. Without irrigation water, cities start to use water they already own to push the rest of their water from the river to a water treatment facility. Itโ€™s referred to as โ€œpush water.โ€ Much of that water is lost for this purpose.

When water levels at the reservoirs got dangerously low in in the late 1990s, the average city would only get about 68% of the water it owns because the rest would be used as push water, according to Jim Darling, board member of the Rio Grande Regional Water Authority and chair of the local water planning group, a subset of the Texas Water Development Board.

The board is tasked with managing the stateโ€™s water supply.

Darling, a former McAllen mayor, has been trying to get cities to think of ways to increase their water supply.

As cities try to temper water demand by issuing restrictions on water usage, Darling said public utilities need to think about the drought not just from the standpoint of managing demand but also by increasing supply.

Jim Darling, chair of the Rio Grande Regional Water Planning Group and former mayor of McAllen, points at rivers and tributaries shown on a map at the South McAllen Water Plant, in McAllen, on Monday, July 15, 2024.
Jim Darling, chair of the Rio Grande Regional Water Planning Group and former McAllen mayor, points at rivers and tributaries shown on a map at the South McAllen Water Plant, in McAllen, on Monday. Credit: Eddie Gaspar/The Texas Tribune

Darling has been floating the idea of creating a water bank of push water so that water districts can get by without having to go through the process of obtaining approval from the state for more water.

These discussions have been ongoing with the watermaster from the Texas Commission on Environmental Quality, who ensures compliance with water rights. The talks are still preliminary, but a conversation with the watermasterโ€™s office in early July revealed that three or four of the Valleyโ€™s 27 irrigation districts were out of water.

โ€œSomething needs to be done,โ€ Darling said.

Edinburgโ€™s proposed water plant is still in the early planning stages, but the goal is to stave off water woes by turning their attention to water sources underground.

Their plan is to dig up water from the underground aquifers as well as reuse wastewater. The two sources of water would be blended and treated through reverse osmosis.

Reserve osmosis consists of pushing water through membranes, large cylinders that filter the water. This is done several times until the water is pure and meets drinking water standards set by the Texas Commission on Environmental Quality.

This method isn’t new.

By implementing this practice, Edinburg is following in the footsteps of the North Alamo Water Supply Corporation, a utility that supplies water to eastern Hidalgo County, Willacy County, and northwestern Cameron County.

Filtered groundwater is desalinated through reverse osmosis at the SRWA Brackish Groundwater Treatment Facility in Brownsville, Tx, on Monday, July 15, 2024. The SRWA facility treats water to distribute to its five partners, including the Brownsville Public Utilities Board, its main customer and is seeking funding to expand the facility in order to address the regionโ€™s drought and water shortage.
Filtered groundwater is desalinated through reverse osmosis at the Southmost Regional Water Authority brackish groundwater treatment facility in Brownsville on Monday. The facility treats water to distribute to its five partners, including the Brownsville Public Utilities Board, its main customer and is seeking funding to expand the facility in order to address the regionโ€™s drought and water shortage. Credit: Eddie Gaspar/The Texas Tribune

After the drought in 1998, North Alamo turned to reverse osmosis in the early 2000s.

Their facilities currently treat about 10 million gallons of water per day through reverse osmosis which represents one-third of all the water they treat. The rest is surface water from the river but they aim to switch that split, treating two-thirds through reverse osmosis and have a third of surface water.

“We’ve got that mindset that we have to get away from the river,” said Steven P. Sanchez, general manager of North Alamo. “We have to start going to reverse osmosis.”

Hidalgo County officials are trying to take a more “innovative” approach to the area’s water problems.

In April, county officials touted a proposed regional water supply project, dubbed the Delta Water Reclamation Project, that would capture and treat stormwater to be used as drinking water.

The project, expected to cost $60-70 million, started off as a project to mitigate flooding by drawing water away from a regional drainage system. But now, plans include a water plant that would take daily runoff and treat it through reverse osmosis.

โ€œWe are the first drainage district to do something like this and of course thatโ€™s an exciting thing for us, to be able to do something thatโ€™s so innovative and green,โ€ said Hidalgo County Commissioner David Fuentes who sits on the drainage district board. โ€œBut it comes with a lot of obstacles and a lot of unknowns.โ€

One challenge will be financing the water plant. Drainage districts are limited on the bonds they can issue in exchange for a loan. Obtaining funds from the Texas Water Development Board would also be an uphill battle since a drainage district doesnโ€™t fit the usual metrics that a water supply corporation does.

County leaders made the case for their project before a Texas Senate committee hearing in May on water and agriculture, requesting that legislative leaders direct the water development board to give a higher consideration to projects like theirs or to provide a grant program their project would qualify for.

The county drainage district already completed a pilot test of the project and those results are now under TCEQ for review. They expect TCEQ will give them the green light as well as instructions on how to design the plant and steps they need to take to ensure water quality.

Fuentes said they expect that review to be completed early in the legislative session, which would give them a better idea of what they need to ask legislators for.

If the project becomes a reality, the county would sell to water corporations like North Alamo.

Members of the public listen to Cameron County Judge Eddie Treviรฑo Jr. as he begins to lead a water conservation meeting with various stakeholders across the Rio Grande Valley at the county courthouse on Tuesday, July 16, 2024, in Brownsville, Tx.
Members of the public listen to Cameron County Judge Eddie Treviรฑo Jr. as he begins to lead a water conservation meeting with various stakeholders across the Rio Grande Valley at the county courthouse on Tuesday in Brownsville. Credit: Eddie Gaspar/The Texas Tribune

In Cameron County, located on the east end of the Valley, the Brownsville Public Utilities Board was also motivated by drought conditions to reduce their dependence on the river. With help from their partners in the Southmost Regional Water Authority, the public utilities board spearheaded the construction of a desalination facility that also employs reverse osmosis.

Despite its growing popularity in the Valley, desalination has its drawbacks. The process has faced pushback from environmentalists over the disposal of the concentrated salts and because the process requires a lot of energy.

Southmost and North Alamo hold permits from TCEQ to discharge the concentrate, or reject water, into the Brownsville Ship Channel and a drainage ditch that flows to the Laguna Madre, respectively.

Representatives for both entities said the salinity of the concentrate is less than the salinity of the bodies of water that are receiving that discharge.

โ€œAll the aquatic life thatโ€™s there, the plant life and everything that feeds off that water is not being harmed at all,โ€ Sanchez said. โ€œWe monitor that.โ€

Sanchez said other solutions would be drying beds, a process of evaporating the water into sludge, and injecting the water about 20,000 feet back into the ground.

North Alamo has also made improvements to their energy consumption. In May, the water corporation upgraded their 16-year-old water filtering equipment, reducing the amount of energy used to create the pressure to push the water through their filtration system.

Sanchez said reverse osmosis has also been more efficient for North Alamo.

North Alamo Water Supply Corporation General Manager Steven P. Sanchez at the NAWSC water treatment facility in Edinburg, on Tuesday, July 16, 2024.
North Alamo Water Supply Corporation General Manager Steven P. Sanchez at the NAWSC water treatment facility in Edinburg, on Tuesday. Credit: Eddie Gaspar/The Texas Tribune

Their surface water treatment plant treats about 2.7 million gallons of water daily while the reverse osmosis plant treats 3 million gallons. It’s also become cheaper in the last few years. Treatment of surface water costs them $1.21 per thousand gallons while reverse osmosis costs $0.65 per thousand gallons, according to Sanchez who said RO would still be cheaper even with depreciation.

This wasn’t always the case, he said, but the high cost of chemicals is driven up the cost in treating surface water. But where surface water treatment is cheaper is in the initial cost to establish it.

Sanchez estimated that the initial capital investment for reverse osmosis treatment capable of treating a million gallons per day would conservatively cost about $6-7 million while a surface treatment facility of the same capacity would cost $3-4 million.

Southmostโ€™s plans to double their plantโ€™s capacity would cost an estimated $213 million.

Reyna, the Edinburg assistant city manager, agreed that the initial investment would be the biggest cost for the city but believes it will end up paying for itself.

Not all cities have that as a viable option, though. That initial cost can be an insurmountable hurdle for smaller, rural communities that leaves them unable to invest in solutions. The state could possibly alleviate some of that cost.

During the last legislative session, lawmakers established the Texas Water Fund with a billion dollar investment that will go to a number of financial assistance programs at the Texas Water Development including one that has never had funding before called the Rural Water Assistance Fund.

This will be additional state funding to help rural communities with technical assistance on how to decide what kind of design and what kind of assistance is best for their community. This will help them navigate the process of applying for funding.

Rigoberto Ortaรฑes looks at a rising pool of water, flooding the excavation site, as a crew works on upgrading pipes and valves at a North Alamo Water Supply Corporation water plant in Donna on Thursday, July 18, 2024. In order to increase the amount of water the plant is able to distribute, pipes were upgraded and replaced, connect to the plantโ€™s existing facility with the newly expanded infrastructure.
Rigoberto Ortaรฑes looks at a rising pool of water, flooding the excavation site, as a crew works on upgrading pipes and valves at a North Alamo Water Supply Corporation water plant in Donna on Thursday. The utility company supplies water to eastern Hidalgo County, Willacy County, and northwestern Cameron County. Credit: Eddie Gaspar/The Texas Tribune

Plans for how the water development board will allocate funds to these new financial assistance programs will be released in late July.

Sarah Kirkle, the director of policy and legislative affairs at the Texas Water Conservation Association expects the state will provide interest rate reductions for loans that will be used on expensive projects.

However, the $1 billion allocated to the Texas Water Fund will not get very far.

“The needs for implementing this state water plan are something like $80 billion and those are outdated numbers that we’re looking to update in the new water planning cycle,” Kirkle said, adding that the plan doesn’t include the cost of wastewater or flood infrastructure.

She noted that the cost of water infrastructure is about two or three times what it was before the COVID-19 pandemic because of disruptions in the supply chain and additional federal requirements for federally-funded projects.

Many small communities also don’t have the resources to plan for their needs, Kirkle said, so many of them don’t participate in the water planning process, leaving no one to speak up for them.

“We really need to make sure that as we see additional water scarcity around the state, that our communities are engaged in planning for their needs and understand where they might have risks and where their water might not be reliable,” Kirkle said.

Reporting in the Rio Grande Valley is supported in part by the Methodist Healthcare Ministries of South Texas, Inc.


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This article originally appeared in The Texas Tribune at https://www.texastribune.org/2024/07/18/rio-grande-river-drought/.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Click the link to read the article on the

World Meterological Organization Global Annual to Decadal #Climate Update (2024-2028): Global temperature is likely to exceed 1.5ยฐC above pre-industrial level temporarily in next 5 years

Pia Harboure/WMO 2024 Calendar Competition

Click the link to read the release on the WMO website:

05 June 2024

There is an 80 percent likelihood that the annual average global temperature will temporarily exceed 1.5ยฐC above pre-industrial levels for at least one of the next five years, according to a new report from the World Meteorological Organization (WMO). This is a stark warning that we are getting ever closer to the goals set in the Paris Agreement on climate change, which refers to long-term temperature increases over decades, not over one to five years.

The global mean near-surface temperature for each year between 2024 and 2028 is predicted to be between 1.1ยฐC and 1.9ยฐC higher than the 1850-1900 baseline, according to theย WMO report. It says that it is likely (86%) that at least one of these years will set a new temperature record,ย beating 2023 which is currently the warmest year.

There is a 47% likelihood that the global temperature averaged over the entire five-year 2024-2028 period will exceed 1.5 ยฐC above the pre-industrial era, says the WMO Global Annual to Decadal Update โ€“ up from 32% from last yearโ€™s report for the 2023-2027 period.

The chance (80%) of at least one of the next five years exceeding 1.5ยฐC has risen steadily since 2015, when such a chance was close to zero. For the years between 2017 and 2021, there was a 20% chance of exceedance, and this increased to a 66% chance between 2023 and 2027.

The update is produced by the UKโ€™s Met Office, which is the WMO Lead Centre for Annual to Decadal Climate Prediction. It provides a synthesis of predictions from WMO designated Global Producing Centres and other contributing centres.

It was released to coincide with a major speech by United Nations Secretary-General Antรณnio Guterres calling for much more ambitious climate action ahead of the G-7 summit in Italy 13-15 June. 

โ€œWe are playing Russian roulette with our planet,โ€ said Mr Guterres.  โ€œWe need an exit ramp off the highway to climate hell.  And the good news is that we have control of the wheel.  The battle to limit temperature rise to 1.5 degrees will be won or lost in the 2020s โ€“ under the watch of leaders today.โ€

Mr Guterres also drew on supporting evidence from the European Union-funded Copernicus Climate Change Service implemented by the European Centre for Medium Range Weather Forecasts. This showed that each of the past 12 months has set a new global temperature record for the time of year.

Given these 12 monthly records, the global average temperature for the last 12 months (June 2023 โ€“ May 2024) is also the highest on record, at 1.63ยฐC above the 1850โ€“1900 pre-industrial average, according to the Copernicus Climate Change ERA5 dataset.

Ensemble mean forecast 2024-2028. Credit: WMO

โ€œBehind these statistics lies the bleak reality that we are way off track to meet the goals set in the Paris Agreement,โ€ said WMO Deputy Secretary-General Ko Barrett.  โ€œWe must urgently do more to cut greenhouse gas emissions, or we will pay an increasingly heavy price in terms of trillions of dollars in economic costs, millions of lives affected by more extreme weather and extensive damage to the environment and biodiversity.โ€

โ€œWMO is sounding the alarm that we will be exceeding the 1.5ยฐC level on a temporary basis with increasing frequency. We have already temporarily surpassed this level for individual months โ€“ and indeed as averaged over the most recent 12-month period. However, it is important to stress that temporary breaches do not mean that the 1.5 ยฐC goal is permanently lost because this refers to long-term warming over decades,โ€ said Ko Barrett.

Under the Paris Agreement, countries agreed to keep long-term global average surface temperature well below 2ยฐC above pre-industrial levels and pursue efforts to limit it to 1.5ยฐC by the end of this century. The scientific community has repeatedly warned that warming of more than 1.5ยฐC risks unleashing far more severe climate change impacts and extreme weather and every fraction of a degree of warming matters. 

Even at current levels of global warming, there are already devastating climate impacts. These include more extreme heatwaves, extreme rainfall events and droughts; reductions in ice sheets, sea ice, and glaciers; accelerating sea level rise and ocean heating. 

โ€œWe are living in unprecedented times, but we also have unprecedented skill in monitoring the climate and this can help inform our actions. This string of hottest months will be remembered as comparatively cold but if we manage to stabilise the concentrations of greenhouse gases  in the atmosphere in the very near future we might be able to return to these โ€œcoldโ€ temperatures by the end of the century,โ€ said Carlo Buontempo, Director of Copernicus Climate Change Service.

The global average near-surface temperature in 2023 was 1.45 ยฐCelsius (with a margin of uncertainty of ยฑ 0.12 ยฐC) above the pre-industrial baseline, according to the WMO State of the Global Climate 2023. It was by far the warmest year on record fuelled by long-term climate warming which combined with other factors, most notably a naturally occurring El Niรฑo event, which is now waning. 

Last yearโ€™s global temperature was boosted by a strong El Niรฑo. A new WMO Update predicts the development of a La Niรฑa and a return to cooler conditions in the tropical Pacific in the near-term, but the higher global temperatures in the next five years reflect the continued warming from greenhouse gases. 

Other key messages:

  • Arctic warming over the next five extended winters (November to March), relative to the average of the 1991-2020 period, is predicted to be more than three times as large as the warming in global mean temperature.ย 
  • Predictions of sea-ice for March 2024-2028 suggest further reductions in sea-ice concentration in the Barents Sea, Bering Sea, and Sea of Okhotsk.

Reclamationโ€™s cool water releases sound fishy to these scientists — @AspenJournalism #GrandCanyon

A non-native smallmouth bass on the Green River, caught with a native bluehead sucker in its mouth. The biggest threat to native endangered fish are non-native predators, especially the smallmouth bass. Credit: USFWS. Credit: USFWS

Click the link to read the Runoff on the Aspen Journalism website (Heather Sackett):

August 2, 2024

โ€˜Weโ€™re reengineering the river in even crazier waysโ€™

In an effort to prevent smallmouth bass โ€” an invasive, voracious predator that feasts on native fish, including the threatened humpback chub โ€” from establishing populations below Glen Canyon Dam, the U.S. Bureau of Reclamation in early July began releasing colder water from Lake Powell via the river outlet works (which are 100 feet lower in a cooler part of the water column) in addition to the hydropower penstocks. Known as the โ€œCool Mix Alternative,โ€ Reclamation chose this option with the goal of keeping water temperatures below the dam under 15.5 degrees Celsius (60 degrees Fahrenheit), which is too cold for smallmouth bass to thrive. 

But a report by a group of scientists at the Center for Colorado River Studies at Utah State University says that factors other than temperature should be taken into consideration when trying to manage the nonnative species. The Western Area Power Administration, which sells the hydropower generated by Glen Canyon Dam, funded the participation of two of the four scientists who authored the report.

The report says the nearest population center of humpback chub is 76 river miles downstream in Grand Canyon water that is too turbid for smallmouth bass to proliferate. 

โ€œWe think the uncertainty in predictions about smallmouth bass establishment near the downstream humpback chub population centers and their impact on chub populations if smallmouth bass do become established is not adequately recognized,โ€ the report reads.

The report urges water managers to not develop reservoir operation plans that are too prescriptive given the uncertainty about hydrology in the coming years. 

โ€œWe think the various management actions being considered to control smallmouth bass recruitment are unlikely to be effective given the modest history of success of similar actions in the last two decades in the Colorado River ecosystem,โ€ the report reads. โ€œWe recognize that our report differs from the dominant paradigm related to smallmouth bass in the Colorado River basin and that even suggesting this alternative paradigm will likely create disagreements among scientists and โ€ฆ stakeholders.โ€

This infographic shows how as Lake Powell water levels decline, warm water containing smallmouth bass gets closer to intakes delivering water through the Glen Canyon Dam to the Grand Canyon downstream. Credit: U.S. Geological Survey

Jack Schmidt, a Colorado River expert, professor and lead author on the report, said that itโ€™s ironic that in order to preserve one of the last remaining native components of the riverโ€™s natural ecosystem (humpback chub), water managers are looking to increasingly unnatural actions on the already highly engineered river. Messing with nature only begets more messing. 

โ€œWeโ€™re making the river more unnatural, and weโ€™re reengineering the river in even crazier ways to try to protect the remaining elements of the native ecosystem,โ€ Schmidt said. โ€œAnd although the intentions of that are incredibly well-meant, over the long run, that may not be possible. โ€ฆ At what point does making the river more unnatural just not make sense anymore?โ€

What is another way to ensure that releases out of Lake Powellโ€™s hydropower penstocks are cold enough to prevent the establishment of smallmouth bass? Keep the reservoir more full. But with the effects of steady demand, drought and climate change, thatโ€™s easier said than done. 

The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo. Annotations: Jonathan P. Thompson

5 things to know about Project 2025 and your clean water: In short, it is very bad for rivers — American Rivers

Photo credit: American Rivers

Click the link to read the article on the American River website (Eric Boucher):

August 7, 2024

With the election season in full swing, you are likely hearing a lot about something called โ€œProject 2025.โ€ Project 2025, a document produced by the conservative think-tank, the Heritage Foundation with the support of 30 other leading conservative organizations, is a suggested blueprint for the next conservative President. Regardless of your politics, there are a number of recommendations that have a serious impact on the environment and rivers and clean water, specifically. On the positive side, there are multiple suggestions for infrastructure investment, which would likely be a good thing for rivers. Unfortunately, the vast majority of the changes the blueprint proposes would have a decidedly negative impact on rivers.

In addition to broad cuts within the Department of Agriculture, the Forest Service, and the Department of Energy, among other agencies, there are specific changes called out that will have significant repercussions for rivers.

1. Within the Environmental Protection Agency (EPA), it suggests eliminating the

  • Office of Environmental Justice and External Civil Rights
  • Office of Enforcement and Compliance Assistance
  • Office of Public Engagement of Environmental Affairs

The plan also recommends to โ€œreview grant programs to ensure that taxpayer funds go to organizations focused on tangible environmental improvements free from political affiliation.โ€ Project 2025 also recommends a โ€œday one executive orderโ€ to stop all grants to advocacy groups. And on water specifically, Project 2025 recommends codifying a โ€œnavigable waterโ€ clause to โ€œrespect private property rights

What this means for rivers:ย This means that federal funding currently going to conservation organizations, like American Rivers or those on the ground removing dams to restore rivers, could be held up or eliminated. Weakening federal safeguards for clean water means that it will be up to the states to decide, meaning access to clean water will be depend on the politics of oneโ€™s state, not necessarily what is needed for healthy communities or ecosystems. And because rivers donโ€™t stop at state borders, pollution could increase everywhere. Many federal safeguards currently in place to protect rivers and clean water, especially in communities that have traditionally been under-served due to their race, cultural, or income makeup, will no longer be enforced.

2.ย Project 2025 suggests lifting the ban on fossil fuel extraction on federal lands, which would put countless miles of rivers and streams at risk.

What this means for rivers: Putting climate change concerns aside for the moment, with any new fossil fuel extraction, the risk of accidents, leaks, and spills goes up considerably. And as we have seen numerous times before, one accident can damage a river and clean water supplies for decades. Further, the headwaters of many rivers in the U.S. are found on national public land. More pollution, means more risk to the literal places where rivers are born, and that will have impacts to everyone who uses it as a water source.

3. Project 2025 calls for the dismantling of the National Oceanic and Atmospheric Administration (NOAA) by moving some responsibilities to other agencies and privatizing other duties. The National Marine Fisheries Service would be streamlined and some duties transferred to the Fish and Wildlife Service, and the โ€œAmerica the Beautifulโ€ and โ€œ30ร—30โ€ programs withdrawn.

What this means for rivers: The NOAA website says it best:

โ€œFrom daily weather forecasts, severe storm warnings, and climate monitoring to fisheries management, coastal restoration and supporting marine commerce, NOAAโ€™s products and services support economic vitality and affect more than one-third of Americaโ€™s gross domestic product. NOAAโ€™s dedicated scientists use cutting-edge research and high-tech instrumentation to provide citizens, planners, emergency managers and other decision makers with reliable information they need, when they need it.โ€

Without a central agency monitoring our climate and weather, and informing the many parts of our government that need that data, we run the risk of being unprepared for the next hurricane, storm, flood, or drought. We already know that climate change impacts every drop of water in our lives. Ignoring this fact threatens our safety and way of life on Earth.

Eastern North Carolina. after Hurricane Matthew | U.S. Army National Guard, Capt. Michael Wilber

4. With the Department of Energy (DOE), Project 2025 reinforces support for fossil fuels by encouraging more extraction and streamlining public safeguards.

What this means for rivers: We already know that a reliance on fossil fuels will continue to warm our world and intensify floods and droughts. With more drilling and fewer safeguards, threats to rivers and their wildlife and communities will increase.

5. The plan recommends moving the Federal Emergency Management Agency (FEMA) from the Department of Homeland Security (DHS) to the Department of Interior or Department of Transportation, and suggests phasing out programs like the National Flood Insurance Program (NFIP) to private insurance. Disaster preparedness grants would be changed to only go to states โ€“ NGOs, Tribal governments, and localities would need to go through State governments for funds.

What this means for rivers: As floods become more frequent and severe, FEMA and the resources it provides become more and more vital. Moving these critical emergency response tools away from an agency that already has the national infrastructure set up to respond when needed would be unnecessarily putting lives at risk. Eliminating federal support programs in favor of state or โ€” even worse โ€” private, control, assures the same vulnerable communities that historically have suffered the most will continue to be under-served, and will have a harder time recovering from the next disaster.

Interested in doing more for rivers? Download our election guide to better understand the threats rivers face in this election. Or join us right now in taking action for clean water by asking Congress to increase federal protections for all streams and wetlands. This is our chance to make a difference!

Western #Colorado counties support Shoshone water rights purchase — Mesa County #ColoradoRiver #COriver #aridification

Glenwood Canyon. Photo credit: Mesa County

Click the link to read the release on the Mesa County website:

August 2, 2024

Colorado River water is the lifeblood of Mesa County and the western U.S. as a whole, and the protection of this resource is crucial for the future prosperity of our community. For this reason, Commissioners approvedย a letterย to Senators Bennet and Hickenlooper in support of the Colorado River Water Conservation Districtโ€™s (Colorado River Districtโ€™s) effort to acquire and permanently protect the Shoshone water rights at theirย July 30 administrative public hearing. The letter is from the Western District of Colorado Counties, Inc. (CCI), which consists of 16 counties on the Western Slope, including Mesa County.

The Shoshone hydroelectric plant is owned by Xcel Energy and is located alongside the Colorado River in Glenwood Canyon. It produces 15 megawatts of electricity and holds some of the largest and most senior non-consumptive water rights on the river, dating back to 1902. An agreement to transfer ownership of these water rights was signed with Xcel Energy in December 2023 for $98.5 million, and the Colorado River District is currently in the process of securing funds for the transfer. Xcel will continue to own and operate the hydroelectric plant, but full ownership of the non-consumptive Shoshone water rights will transfer to the Colorado River District.

Non-consumptive water can be protected from diversion and allowed to continue flowing at a specific rate for a prescribed benefit, which is especially beneficial for water conservation purposes in drought situations and for ensuring flow rates are maintained to protect endangered species.

Administration and permanent protection of the Shoshone water rights by the Colorado River District will:

  • Maintain Coloradoโ€™s agricultural and recreational industries.
  • Maintain and improve water quality.
  • Ensure ample stream flow to maintain ecosystem benefits and support endangered fish species in the river.

This agreement is a critical first step toward permanent protection of the benefits provided by the Shoshone water rights. It is a significant step toward ensuring stable and sustainable water flow for our regionโ€™s agricultural, recreational, economic, and ecological needs.

To learn more about the Shoshone Water Right Preservation Coalition and Campaign, visit the website.

Nation hit with record heat, wildfires and Hurricane Beryl in July 2024: U.S. had its 2nd-highest number of year-to-date billion-dollar disasters — NOAA

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

Last month, areas of the U.S. sweltered through record heat and the impacts from raging wildfires, while others experienced the fury of Hurricane Beryl.

Also, through July, the U.S. has endured 19 separate billion-dollar weather and climate disasters โ€” second only to 2023 for the highest amount for the first seven months of the year, according to experts from NOAAโ€™s National Centers for Environmental Information.

Below are more takeaways from NOAA’s latest U.S. monthly climate report:

Climate by the numbers

July 2024

The average July temperature across the contiguous U.S. was 75.7 degrees F (2.1 degrees F above average), ranking as the 11th warmest in the 130-year record. 

Temperatures were above average to record-warm across much of the contiguous U.S. California and New Hampshire had their warmest July on record, with 19 other states seeing their top-10 warmest July on record. 

July precipitation across the U.S. was 3.04 inches โ€“ 0.26 of an inch above average โ€“ ranking in the wettest third of the historical record.

Precipitation was below average across much of the West, eastern parts of the Ohio Valley to the Mid-Atlantic, southern Florida and across portions of the Plains. West Virginia had its eighth-driest July on record. Conversely, precipitation was above average across much of the South, Southeast, Midwest, Great Lakes and northern New England. Illinois had its seventh wettest July, while North Carolina had its eighth wettest.

Year to date (YTD, January through July 2024)

The YTD average temperature for the contiguous U.S. was 54.4 degrees F (3.2 degrees F above average), ranking as the second-warmest YTD on record. Temperatures were above average across nearly all of the contiguous U.S., while record-warm temperatures were observed in parts of the Northeast, Great Lakes, southern Plains and Mid-Atlantic. New Hampshire and Vermont both saw their warmest Januaryโ€“July period. An additional 25 states had a top-five warmest year-to-date period. All states ranked in the warmest third of the historical record during this period. 

The YTD precipitation total was 20.44 inches, 2.36 inches above average, which ranked 11th -wettest on record. Precipitation was above average across a large portion of the Upper Midwest, Northeast and Deep South, with Rhode Island, Minnesota and Wisconsin each ranking second wettest. Precipitation was below average across parts of the Northwest, northern Plains and west Texas during the Januaryโ€“July period.

A map of the U.S. plotted with 19 weather and climate disasters each costing $1 billion or more that occurred between January and July, 2024. (Image credit: NOAA NCEI)

There were 19 individual billion-dollar weather and climate events across the U.S. during the first seven months of 2024, including: 

  • One tropical cyclone event.
  • One wildfire event.
  • Two winter storm events.
  • 15 severe weather events.

These events resulted in at least 149 fatalities and caused more than $49.6 billion in damages (Consumer Price Index (CPI)-adjusted). Since 1980, when NOAA began tracking these events in the U.S., the nation has experienced 395 separate weather and climate disasters, where overall damages/costs reached or exceeded $1 billion (based on the CPI adjustment to 2024). The total cost of these 395 events exceeds $2.770 trillion.

Other notable highlights from this report

A map of the U.S. plotted with 19 weather and climate disasters each costing $1 billion or more that occurred between January and July, 2024. (Image credit: NOAA NCEI)
  • Beryl barrels into the record books:ย On July 1, Beryl became the earliest Category 5 hurricane and the second Category 5 on record during the month of July in the Atlantic Ocean.
  • Wildfires scorching the West:ย The Park Fire, which started July 24, is currently the fourth-largest wildfire in California history, burning more than 400,956 acres.ย  The Thompson Fire caused more than 13,000 people to evacuate around Oroville, California, from July 2-3.
  • Bringing the heat:ย An early July heat wave broke records in the West: Palm Springs (124 degrees F on July 5); Las Vegas (120 degrees F on July 7); Redding, California (119 degrees F on July 6); Barstow, California (118 degrees F on July 7 and 8) and Palmdale, California (115 degrees F on July 6.)

Aspinall Unit Coordination Meeting August 15, 2024

Colorado River in Grand Junction. Photo credit: Allen Best

From email from Reclamation (Erik Knight):

The next coordination meeting for the operation of the Aspinall Unit is scheduled for Thursday, August 15th 2024, at 1:00 pm. 

This meeting will be held at the Western Colorado Area Office in Grand Junction, CO. There will also be an option for virtual attendance via Microsoft Teams. A link to the Teams meeting is below. 

The meeting agenda will include a review of the spring runoff conditions and the forecasting , a summary of reservoir conditions and river flows since April including the spring peak operation, the weather outlook, and planned operations for the remainder of the year. 

Handouts of the presentations will be emailed prior to the meeting.

Albuquerqueโ€™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 Albuquerqueโ€™s โ€œCity Well #2โ€

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

Locator map was super easy in Datawrapper.

Assessing the U.S. #Climate in July 2024 — NOAA

Last night’s storm (July 30, 2021) was epic — Ranger Tiffany (@RangerTMcCauley) via her Twitter feed.

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

August 8, 2024

Key Points:

  • The average temperature of the contiguous U.S. in July was 75.7ยฐF, 2.1ยฐF above average, ranking 11th warmest in the 130-year record.
  • The Park Fire is the fourth-largest wildfire in California history as of August 6; beginning on July 24, it burned approximately 401,000 acres and destroyed over 560 structures.ย 
  • On July 15, a derecho that spawned 32 tornadoes broke the Chicago-area record for most tornadoes in a day.ย 
  • On July 1, Beryl became the earliest Category 5 hurricane and the second Category 5 on record during the month of July in the Atlantic Ocean.
  • Alaska had its wettest July on record.
  • Four newย Billion-Dollar Weather and Climate Disastersย were confirmed in July. Theย year-to-date totalย currently stands at 19 disasters.

Other Highlights:

Temperature

July temperatures were above average to record warm across much of the western and eastern contiguous U.S.: California and New Hampshire each had their warmest July on record with 19 additional states seeing their top 10 warmest July on record.

The Alaska statewide July temperature was 52.8ยฐF, 0.1ยฐF above the long-term average, ranking in the middle third of the 100-year period of record for the state. Near-average temperatures were observed throughout most of the state, with above-average temperatures observed across much of the Northeast Gulf, Aleutians and South Panhandle.

For the Januaryโ€“July period, the average contiguous U.S. temperature was 54.5ยฐF, 3.2ยฐF above average, ranking second warmest on record. Temperatures were above average across nearly all of the contiguous U.S., while record-warm temperatures were observed in parts of the Northeast, Great Lakes, southern Plains and Mid-Atlantic. New Hampshire and Vermont both saw their warmest Januaryโ€“July period on record. An additional 25 states had a top-five warmest year-to-date period. All states ranked in the warmest third of the historical record during this seven-month period.

The Alaska Januaryโ€“July temperature was 28.6ยฐF, 2.8ยฐF above the long-term average, ranking in the warmest third of the historical record for the stateโ€”much of the state was warmer than average while temperatures were near average across parts of the Panhandle.

Precipitation

July precipitation for the contiguous U.S. was 3.04 inches, 0.26 inch above average, ranking in the wettest third of the historical record. Precipitation was below average across much of the West and Rockies, eastern parts of the Ohio Valley to the Mid-Atlantic, southern Florida and across portions of the Plains. West Virginia had its eighth-driest July on record. Conversely, precipitation was above average across much of the South, Southeast, Midwest, Great Lakes and northern New England. Illinois had its seventh wettest July, while North Carolina had its eighth wettest.

Alaskaโ€™s average monthly precipitation ranked wettest in the historical record. Much of the state was wetter than average for the month of July, with the Central Interior having its wettest July on record and the North Slope, West Coast and Northeast Interior each experiencing their second wettest July.  

The Januaryโ€“July precipitation total for the contiguous U.S. was 20.44 inches, 2.36 inches above average, ranking 11th wettest in the 130-year record. Precipitation was above average across a large portion of the Upper Midwest, Northeast and Deep South, with Rhode Island, Minnesota and Wisconsin each ranking second wettest. Conversely, precipitation was below average across parts of the Northwest, northern Plains and west Texas during the Januaryโ€“July period.

The Januaryโ€“July precipitation for Alaska ranked in the wettest third of the 100-year record, with below-average precipitation observed across parts of the Cook Inlet, Aleutians and South Panhandle regions, near-average precipitation in the Northeast, Central and Southeast Interior regions and above-average precipitation observed across the remaining climate divisions.

Billion-Dollar Disasters

Four new billion-dollar weather and climate disasters were confirmed in July 2024, including one severe weather event that impacted the southern U.S. in mid-May, New Mexico wildfires during June and July, one severe weather event that impacted the central and northeastern U.S. (June 24โ€“26) and Hurricane Beryl (July 8โ€“9).

There have been 19 confirmed weather and climate disaster events this year, which is second only to 2023 for the highest amount for the first seven months of the year, each with losses exceeding $1 billion. These disasters consisted of 15 severe storm events, one tropical cyclone event, one wildfire event and two winter storms. The total cost of these events exceeds $49.6 billion, and they have resulted in at least 149 fatalities.  

The U.S. has sustained 395 separate weather and climate disasters since 1980 where overall damages/costs reached or exceeded $1 billion (including CPI adjustment to 2024). The total cost of these 395 events exceeds $2.770 trillion.

Other Notable Events

On July 2โ€“3, the Thompson Fire caused over 13,000 people to evacuate around Oroville, California.

Hurricane Beryl made landfall near Matagorda, Texas on July 8, causing significant damage, numerous power outages and eight fatalities.

The Shreveport NWS issued 67 tornado warnings, the most in a single day on July 8 for this office, due to the remnants of Hurricane Beryl.

On July 17, Washington D.C. hit 101ยบF, tying a record for the longest streak of temperatures above 100ยบF with four consecutive days.

An early July heat wave brought all-time record-breaking temperatures to portions of the West during July:

  • Palm Springs, California: 124ยบF on July 5
  • Las Vegas, Nevada: 120ยบF on July 7
  • Redding, California: 119ยบF on July 6
  • Barstow, California: 118ยบF on July 7 and 8
  • Palmdale, California: 115ยบF on July 6
US Drought Monitor map July 30, 2024.

Drought

According to the July 30 U.S. Drought Monitor report, about 20% of the contiguous U.S. was in drought, up a little over 1% from the end of June. Drought or abnormally dry conditions expanded or intensified this month across much of the West and Hawaii, and parts of the Central and Northern Plains, the Ohio Valley, the central Appalachians, Tennessee and the Northeast. Drought contracted or was reduced in intensity across much of the Southeast, western portions of the Ohio Valley and parts of Arkansas and Texas.

Monthly Outlook

Above-average temperatures are favored to impact areas across the western and southeastern portions of the U.S. in August, while below-average precipitation is likely to occur in the Northwest and south-central Plains. Drought is likely to persist in the Northwest, Central Plains and Hawaii. Visit the Climate Prediction Centerโ€™s Official 30-Day Forecasts and U.S. Monthly Drought Outlook website for more details.

Significant wildland fire potential for August is above normal across portions of the West, Southern Plains and Hawaii. For additional information on wildland fire potential, visit the National Interagency Fire Centerโ€™s One-Month Wildland Fire Outlook

Special Report: Big city water buys in #Coloradoโ€™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 Heimerichโ€™s pickup, each alternating square of emerald corn or desiccated knapweed is a decision by a distant big city โ€” 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 itโ€™s all weeds. That farm, Aurora wants to dry it up soon, but the water court referee wants a better reseeding plan.

Heimerichโ€™s family is one of the few farmers remaining in the 790 square miles of Crowley County after city water buy-ups shrank the countyโ€™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. โ€œWhen you build a new development, at the end of the day, youโ€™re drying up a farm,โ€ Heimerich said. โ€œWhere else is it going to come from?โ€

โ€œCrowley is just the worst example of what can happen when nobody cares, and nobody pays attention,โ€ 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 โ€œbuy and dry,โ€ 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 donโ€™t have clean water to drink.

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

โ€œThe results of what happened in Crowley County are unacceptable and widely recognized as a travesty,โ€ said Colorado Springs Utilities spokesperson Jennifer Jordan. โ€œWeโ€™ve taken those lessons to heart.โ€

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 arenโ€™t working. At the same time, the big cities say new laws making it easier to share farm water donโ€™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 โ€œbuy and dryโ€ or the latest tool in the water acquisition quiver, โ€œlease and dry,โ€ 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.

โ€œWe wanted to make sure Bent County was kept whole,โ€ 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 Oโ€™Hare, Palmerโ€™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, Oโ€™Hare said.

Irrigated farmland is evaporating

The three projects come as new data shows Coloradoโ€™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.

โ€œAm I concerned? Definitely,โ€ 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. โ€œWe all talk about water being a limited resource, but prime farmland is also limited and itโ€™s important to take that into consideration.โ€

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 wasnโ€™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, Caรฑon City, into Pueblo Reservoir and on over the state line east of Lamar.

Its counties were once a sweet spot in the basinโ€™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 โ€œwater sharingโ€ agreements, will bolster the agricultural economies and keep remaining water on farm fields forever. But the term โ€œsharingโ€ doesnโ€™t sit well with some local farmers and water officials who have a deep distrust of the cities they blame for the regionโ€™s decline.

โ€œI call it a charade,โ€ said Mike Bartolo, a retired Colorado State University Extension research scientist who farms in Otero County near Rocky Ford. โ€œYou dry up an acre, youโ€™re drying up land that was formerly irrigated. Thatโ€™s buy and dry.โ€

While the stateโ€™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 didnโ€™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 hasnโ€™t been enough to ensure the stability of its long-term water supply.

โ€œThe 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 wouldnโ€™t lease to us anymore,โ€ 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, โ€œI donโ€™t think any of us believe them,โ€ said Heimerich, Crowley Countyโ€™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. โ€œTheyโ€™ll do whatever they need to do and apologize later.โ€

Thornton, Larimer and Weld counties conducted a similar debate publicly โ€” from the 1990s to this year โ€” 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 Coloradoโ€™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 Auroraโ€™s Otero County deal, it was a direct shot from leadership of a city of nearly 500,000 โ€” the Colorado Springs City Council is the utility board.

โ€œThe idea is that thereโ€™s Denver, thereโ€™s a Denver metro complex and theyโ€™re going to just do whatever they want to do and the rest of the state has to go along with it,โ€ City Councilman Brian Risley said.

But Alex Davis, a top Aurora Water official, said Colorado Springsโ€™ ire is unwarranted.

โ€œAurora has worked in close partnership with Colorado Springs for decades and that will continue,โ€ she said. โ€œThis is a case where we disagree.โ€

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.

โ€œWe thought we were through with all of this. We thought we had it under control,โ€ 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 doesnโ€™t permanently leave the valley. That the cities are now jumping the line with these new deals isnโ€™t OK with him.

A farmerโ€™s โ€” and a countyโ€™s โ€” 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 thatโ€™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 farmerโ€™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 wonโ€™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.

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

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

โ€œI know people donโ€™t like it and people are entitled to their opinions, but a lot of those are the older generation who donโ€™t like seeing it because of what happened years before I was even born,โ€ said Wertz, who is 23. โ€œI was glad to see the Springs come in and ask questions about working with us.

โ€œWe 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 havenโ€™t been farmed for a while because there isnโ€™t enough manpower.โ€

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. Theyโ€™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.

โ€œThe programs we have done saw alfalfa return almost with a vengeance,โ€ Cabot said. โ€œGrass hay is the second-best candidate.โ€

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 donโ€™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.

โ€œAnd I havenโ€™t found a farmer yet that believes that thatโ€™s a viable farming situation, โ€ he said. โ€œItโ€™s tough to bring that land back.โ€

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

For years, valley water hasnโ€™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 wasnโ€™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.

โ€œMy 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,โ€ 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 Environmentโ€™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 โ€œaquatic life use.โ€ The classification calls the Lower Arkansas suitable for โ€œwarm-water aquatic lifeโ€ 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, โ€œTrend 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.โ€

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, โ€œWhat happens is all of the bad things are concentrated into what is left,โ€ May said, โ€œand that is a huge problem.โ€

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 Auroraโ€™s water purchase or the broader water use questions.

โ€œThe Colorado Water Plan sets a vision for meeting the stateโ€™s future water needs and was broadly supported by local communities,โ€ Russ Sands, the boardโ€™s water supply planning chief, said in email responses to questions. โ€œBut the decisions that happen in local communities regarding their water purchases and planning are largely outside of the stateโ€™s control. Accountability for staying true to the vision of the Water Plan is a collective responsibility.โ€

The loss of irrigated farmland isnโ€™t expected to slow anytime soon as climate change dries up streams and population growth drives cities to buy more. The Colorado Water Planโ€™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 stateโ€™s irrigated farmland will take more work. โ€œWe canโ€™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.โ€

As an onion grower, Sakata canโ€™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 wouldnโ€™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 whatโ€™s left of Coloradoโ€™s irrigated land isnโ€™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.

โ€œThere is only so much water available, and I donโ€™t think itโ€™s realistic for the state to continue to think that we can control our urban areas and grow them fast without impacting agriculture.โ€ Clarifying that he was speaking as a private individual, rather than a water official, he said, โ€œIโ€™d rather have the farms continue and not have the urban growth, but I am probably in the minority on that.โ€

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.

โ€œI donโ€™t want to oversimplify this,โ€ Cabot said, โ€œbut the simplest way for cities to get this water is to go to farmers and say โ€˜How much did you make last year?โ€™ and then offer them 10% more. โ€ฆ These are not just fields. They are farm enterprises.โ€

Kate Greenberg, Coloradoโ€™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 agencyโ€™s efforts.

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

โ€œAre 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.โ€

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, Bartoloโ€™s sense of deja vu is growing and his fears for the future of the valleyโ€™s irrigated ag lands is growing too. No one knows yet what will happen when Auroraโ€™s contract to use the Fryingpan-Ark to deliver water expires in 2047.

โ€œHaving lived through it in my lifetime, I have seen the drastic changes,โ€ Bartolo said.

What worries him, and other growers too, is โ€œwhat happens if they come back after 2047? What happens then?โ€

More by Jerd Smith, Michael Booth

What would a Harris presidency mean for the #climate? — Grist #ActOnClimate

Kamala Harris at Lake Mead October 18, 2021. Photo credit: U.S. Department of Interior

Click the link to read the article on the Grist website (Zoya Teirstein and Clayton Aldern):

July 21, 2024

A look at Kamala Harris’ record on clean energy, climate diplomacy, and environmental justice in California, the Senate, and the White House

After weeks of intense media speculation and sustained pressure from Democratic lawmakers, major donors, and senior advisors, President Joe Biden has announced that he is bowing out of the presidential race. He is the first sitting president to step aside so close to Election Day. โ€œI believe it is in the best interest of my party and the country for me to stand down and focus entirely on fulfilling my duties as president for the remainder of my term,โ€ Biden said in a letter on Sunday. 

He endorsed his vice president, Kamala Harris, to take his place. โ€œToday I want to offer my full support and endorsement for Kamala to be the nominee of our party this year,โ€ he said in another statement. Not long after, Harris announced via the Biden campaign that she intends to run for president. โ€œI am honored to have the presidentโ€™s endorsement and my intention is to earn and win this nomination,โ€ she said.

During his term, President Biden managed to shepherd a surprising number of major policies into law with a razor-thin Democratic majority in the Senate. His crowning achievement is signing theย Inflation Reduction Act, or IRA โ€” the biggest climate spending law in U.S. history, with the potential to help reduce greenhouse gas emissions up to 42 percent below 2005 levels by 2030. While announcing his withdrawal, Biden called it โ€œthe most significant climate legislation in the history of the world.โ€

Despite his legislative successes, the 81-year-old Democrat couldnโ€™t weather widespread blowback following a debate performance in June in which he appeared frail and struck many in his party as ill-equipped to lead the country for another four years. He will leave office with a portion of hisย proposed climate agenda unpassedย and the U.S.ย still projected to missย his administrationโ€™s goal ofย reducing emissions at least 50 percent by 2030.ย 

Former president Donald Trump has vowed to undo many of the policies Biden accomplished if he becomes president,ย including parts of the IRA. And scores of his key advisors and former members of his presidential administration contributed toย a blueprintย that advocates for scrapping the vast majority of the nationโ€™s climate and environmental protections. Whichever Democrat runs against Trump has a weighty mandate: protect Americaโ€™s already tenuous climate and environmental legacy from Republican attacks.

With Bidenโ€™s endorsement, Vice President Harris, aย former U.S. senator from California, is the favored Democratic nominee, but that doesnโ€™t mean she will automatically get the nomination. There are fewer than 30 days until the Democratic National Convention on August 19. The thousands of Democratic delegates who already cast their votes for Biden will either decide on a nominee before the convention, or hold an open convention to find their new candidate โ€” something thatย hasnโ€™t been done since 1968.ย 

As vice president, Harris argued for the allocation of $20 billion for the EPAโ€™s Greenhouse Gas Reduction Fund, aimed at aiding disadvantaged communities facing climate impacts. She also frequently promoted the IRA at events, touting the billโ€™s investments in clean energy jobs, including installation of energy-efficient lighting and replacing gas furnaces with electric heat pumps. She was the highest-ranking U.S. official to attend the international climate talks at COP28 in Dubai last year, where she announced a U.S. commitment to double energy efficiency and triple renewable energy capacity by 2030. At that same conference, Harris announced a $3 billion commitment to the Green Climate Fund to help developing nations adapt to climate challenges, although Politico reported that the sum was โ€œsubject to the availability of funds,โ€ according to the Treasury Department. 

โ€œVice President Harris has been integral to the Biden administrationโ€™s most important climate accomplishments and has a long track record as an impactful climate champion,โ€ Evergreen Action, the climate-oriented political group, said in a statement.

Harris caught some flak for using a potentially overstated โ€œ$1 trillion over 10 yearsโ€ figure to describe the Biden administrationโ€™s climate investments. She got that sum fromย adding up all of the administrationโ€™s major investments over the past four years, some of which are only vaguely connected to climate change.ย 

As a presidential candidate in 2019, Harris proposed a $10 trillion climate plan to achieve carbon neutrality by 2045 on the campaign trail, including 100 percent carbon-neutral electricity by 2030. Under the plan, 50 percent of new vehicles sold would be zero-emission by 2030, and 100 percent of cars by 2035. But that proposal, like similarly ambitious climate change proposals released by other Democrats during that election cycle, was nothing more than a campaign wishlist. A better indicator of what her plans for climate change as president would look like โ€” better, even, than her record as vice president, since much of her agenda was set by the Biden administration โ€” could be buried in her record as San Franciscoโ€™s district attorney from 2004 to 2011 and as Californiaโ€™s attorney general from 2011 to 2017. 

As district attorney, Harris created an environmental justice unit to address environmental crimes affecting San Franciscoโ€™s poorest residents and prosecuted several companies, including U-Haul, for violation of hazardous waste laws. Harris later touted her environmental justice unit as the first such unit in the country. An investigation found the unit only filed a handful of lawsuits, though, and none of them were against the cityโ€™s major industrial polluters. 

As attorney general, Harris secured an $86 million settlement from Volkswagen for rigging its vehicles with emissions-cheating software and investigated Exxon Mobil over its climate change disclosures. She also filed a civil lawsuit against Phillips 66 and Conoco Phillips for environmental violations at gas stations, which eventually resulted in an $11.5 million settlement. And she conducted a criminal investigation of an oil company over a 2015 spill in Santa Barbara. The company was found guilty and convicted on nine criminal charges.

โ€œWe must do more,โ€ Harris said late last year at the climate summit in Dubai. โ€œOur action collectively, or worse, our inaction, will impact billions of people for decades to come.โ€

Project 2025โ€™s extreme vision for the West: The demolition of public lands, water and wildlife protections are part of conservativesโ€™ plan for a second Trump term — @HighCountryNews

An aerial view of Assignation Ridge in the Thompson Divide area of Colorado. Project 2025 calls to restore mining claims and oil and gas leases in the Thompson Divide withdrawal area. (Courtesy of EcoFlight)

Click the link to read the article on the HIgh Country News website (Michelle Nijhuisย andย Erin X. Wong:

If Donald Trump is re-elected president in November, a coalition of more than 50 right-wing organizations known as Project 2025 will be ready with a plug-and-play plan for him to follow, starting with a database of potential administration appointees carefully vetted by coalition members; an online โ€œPresidential Administration Academyโ€ run by coalition members to school new appointees; and a 920-page policy platform called Mandate for Leadership: The Conservative Promise.

Written by former members of the Trump administration and other conservative leaders, Mandate for Leadership exhorts its readers to โ€œgo to work on Day One to deconstruct the Administrative state.โ€ Among many other measures, it calls for radical reductions in the federal workforce and in federal environmental protections, and for advancing a โ€œTrump-era Energy Dominance Agenda.โ€

The full text of Mandate for Leadership is below, preceded by an agency-by-agency overview of the proposals that could have the greatest impact on Western land, water and wildlife โ€” as well as on Westerners themselves.

DEPARTMENT OF THE INTERIOR (p. 517)

The Project 2025 recommendations for the Department of the Interior were primarily authored by attorney William Perry Pendley, a vociferous opponent of protections for public lands and wildlife. As acting director of the Bureau of Land Management during the Trump administration, he transformed the agency into what one high-level employee described as a โ€œa ghost ship,โ€ in which โ€œsuspicion,โ€ โ€œfearโ€ and โ€œlow moraleโ€ abounded.

Energy Policy

Pendley notes that the energy section was written โ€œin its entiretyโ€ by Kathleen Sgamma of theย Western Energy Alliance, an oil and gas industry group; Dan Kish of theย Institute for Energy Research, a think tank long skeptical of human-caused climate change; and Katie Tubb of The Heritage Foundation. They recommend reviving the โ€œTrump-era Energy Dominance Agendaโ€ by:ย 

  • reinstating a dozen industry-friendly orders issued by the Trump administrationโ€™s secretaries of the Interior (p. 522);
  • expanding oil and gas lease sales onshore and offshore (p. 522);
  • opening the large portions of Alaska, including theย Alaska Coastal Plainย and most of theย National Petroleum Reserve, to oil and gas exploration and development (pp. 523, 524);
  • halting theย ongoing review of the federal coal-leasing programย and working โ€œwith the congressional delegations and governors of Wyoming and Montana to restart the program immediatelyโ€ (p. 523);
  • restoringย mining claims and oil and gas leasesย in theย Thompson Divide of the White River National Forest in Coloradoย and the 10-mile buffer around Chaco Cultural Historic National Park in New Mexico. (p. 523);
  • and expanding theย Willow Project, a ConocoPhillips oil-drilling operation on Alaskaโ€™s North Slope (p. 530).
William Perry Pendley. By Bureau of Land Management

Agency Operations

The projectโ€™s organizers plan to upend federal land-management agency operations by:

Land Conservation

The project aims to undo large landscape protections by:

The Cascade-Siskiyou National Monument was expanded via proclamation from President Obama in 2017, making the new monument approximately 112,000 acres. Bob Wick/Bureau of Land Management

Wildlife 

Pendley expresses particular hostility toward the U.S. Fish and Wildlife Service, whose work he described as โ€œthe product of โ€˜species cartelsโ€™ afflicted with group-think, confirmation bias, and a common desire to preserve the prestige, power, and appropriations of the agency that pays or employs them.โ€ He recommends:

  • delisting the grizzly bearย in the Greater Yellowstone and Northern Continental Divide Ecosystems (p. 534);
  • delisting the gray wolfย in the continental U.S. (p. 534);
  • putting states in charge of managing theย greater sage-grouse;
  • ending the reintroduction of โ€œexperimental populationsโ€ outside a speciesโ€™ historic range (p. 534);
  • abolishing the Biological Resources Division of the U.S. Geological Survey โ€” which will be difficult to do, as it no longer exists as such and is now part of theย National Park Service(p. 534);
  • and reinstating Trump-era limitations on theย Endangered Species Actย and theย Migratory Bird Treaty Actย (p. 524).ย 

DEPARTMENT OF AGRICULTURE (p. 289)

The free-market advocate behind Project 2025โ€™s section on the USDA has long railed against the subsidies and food stamp programs administered by the agency. As a fellow at The Heritage Foundation, Daren Bakst penned a lengthy report, Farms and Free Enterprise, that objects to many aspects of the farm bill, which funds annual food assistance and rural development programs. His vision, documented in the report, is present throughout Project 2025โ€™s proposed agency overhaul.

Agency Organization

Project 2025 seeks to limit regulation in favor of market forces by:

  • reducing annual agency spending, including subsidy rates for crop insurance andย additional programsย that support farmers for lost crops (p. 296);ย 
  • removingย protections for wetlands and erodible landย that farmers must comply with to participate in USDA programs (p. 304);ย 
  • eliminating theย Conservation Reserve Program, which pays farmers to enrich and protect parts of their land from agricultural production (p. 304);ย 
  • removing climate change and equity from the agencyโ€™s mission (p. 290, 293);ย 
  • and working with Congress to undo theย federal labeling law, which requires consumer products to disclose where they were made and what they contain, as well as encouraging voluntary labeling (p. 307).ย 

Forestry

The project will reduce forests on public lands by:

Logging within the Cougar Park timber sale in Kaibab National Forest in 2018. The timber project was part of an initiative intended to treat more than 2.4 million acres of ponderosa pine forest across northern Arizona. Dyan Bone/U.S. Forest Service

ENVIRONMENTAL PROTECTION AGENCY (p. 417) 

Prior to serving as the EPAโ€™s chief of staff during the Trump administration, Mandy Gunasekara was famous for handing Republican Sen. James Inhofe a snowball to disprove the existence of human-caused climate change. At the EPA, she played a key role in the United Statesโ€™ withdrawal from the Paris Agreement and in the dismantling of the Obama-era Clean Power Plan. Gunasekaraโ€™s vision for the EPA is characterized by staff layoffs, office closures and the embrace of public comment over peer-reviewed science. 

Agency Organization

The plan will diminish the agencyโ€™s scope of work by:

  • reducing full-time staff and cutting โ€œlow-valueโ€ programs (p. 422);
  • shuttering offices dedicated toย environmental justice and civil rights,ย enforcement and compliance,ย environmental education,ย childrenโ€™s healthย andย international and tribal affairs, and distributing their functions elsewhere (p. 421);ย 
  • eliminating all research that is not explicitly authorized by Congress (p. 436);
  • restructuring scientific advisory boards and engaging the public in ongoing scrutiny of the agencyโ€™s science โ€” potentially opening the door to a wave of pushback against theย international consensusย on climate change (p. 422, 436-438);
  • eliminating the use of catastrophic climate change scenarios in drafting regulation (p. 436);
  • relocating a restructured American Indian Office to the West (p. 440);
  • partially shifting personnel from headquarters to regional offices (p. 430);
  • and striking the regulations, including a program to reduce methane and VOC emissions, that enable the EPA to work with external groups to help enforce laws (p. 424).

Natural Resources

The project would jeopardize clean air and water by:

  • limiting Californiaโ€™sย effort to reduce air pollutionย from vehicles by ensuring that its standards and those of other states avoid any reference to greenhouse gas emissions or climate change (p.426);
  • supporting the reform of the Endangered Species Act to ensure a full cost-benefit analysis during pesticide approval (p. 434-435);ย 
  • repealing some regulations imposed by the Biden administration to limit hydrofluorocarbons, a particularly potent greenhouse gas (p. 425);
  • and undoing the expansion of theย Good Neighbor Program, which requires states to reduce their nitrogen oxide emissions, beyond power plants to include industrial facilities like iron and steel mills (p. 424).

Full text of Project 2025 via Document Cloud

#Drought news August 8, 2024: All states within the High Plains region saw degradations in response to a combination of factors including below-normal precipitation (past 30-60-day period), above-normal temperatures (+4 to 10 degrees F during the past 14 days), high evaporative demand, and intensifying flash drought conditions in recent weeks

Click on a thumbnail graphic to view a gallery of drought data from the US Drought Monitor website.

Click the link to go to the US Drought Monitor website. Here’s an excerpt:

This Week’s Drought Summary

This U.S. Drought Monitor (USDM) week saw widespread improvement in drought-related conditions on the map across areas of the Southeast, Mid-Atlantic, and in areas of the Midwest. Elsewhere, hot and dry conditions prevailed in areas of the West, Plains, and the South during the past 14-to-30-day period, leading to the expansion and intensification of drought on this weekโ€™s map with particular concern over the developing flash drought situation in areas of the Plains states. In the Southeast, Hurricane Debby (Category 1) made landfall Monday morning in Floridaโ€™s Big Bend region bringing a powerful storm surge, strong winds, torrential rains, and severe flooding to much of Floridaโ€™s Gulf Coast region from southwest Florida to the north-central region. Rainfall accumulations ranged from 2 to 20+ inches across affected areas with the heaviest accumulations logged in the greater Sarasota area. The impacts of Hurricane Debby, which weakened to a tropical storm shortly after making landfall, were also felt across the coastal zones and plains of Georgia and South Carolina with heavy rainfall (up to 15 inches according to radar estimates) and flooding. On the map, some drought-related improvements were made this week in the Carolinas in association with the remnant moisture from Hurricane Debby. However, it is noteworthy that this weekโ€™s drought depiction is representative of rainfall that fell until the data cutoff at 8 a.m. ET on Tuesday and additional improvements are expected on next weekโ€™s map. Elsewhere, light-to-moderate rainfall accumulations (2 to 4 inches) were observed across areas of the Northeast, Midwest, and in isolated areas of the Northern Plains. Out West, some monsoon-related storm activity was observed in isolated areas of the Four Corners states and Nevada as well as some light shower activity in areas of Idaho and Montana. In terms of reservoir storage in areas of the West, Californiaโ€™s reservoirs continue to be near or above historical averages for the date (August 6) with the stateโ€™s two largest reservoirs (Lake Shasta and Lake Oroville) at 111% and 116% of their averages, respectively. In the Southwest, Lake Powell is currently 39% full (64% of typical storage level for the date) and Lake Mead is 33% full (53% of average) with the total Lower Colorado system 44% full as of August 5 (compared to 44% full at the same time last year), according to the U.S. Bureau of Reclamation. In Arizona, the Salt River Project is reporting the Salt River system reservoirs 85% full, the Verde River system 64% full, and the total reservoir system 83% full (compared to 91% full a year ago). In New Mexico, the stateโ€™s largest reservoir along the Rio Grande is currently 11% full (25% of average). In the Pacific Northwest, Washingtonโ€™s Franklin D. Roosevelt Lake is 93% full (121% of average for the date) and Idahoโ€™s American Falls Reservoir on the Snake River is 50% full (84% of average)…

High Plains

On this weekโ€™s map, all states within the High Plains region saw degradations in response to a combination of factors including below-normal precipitation (past 30-60-day period), above-normal temperatures (+4 to 10 degrees F during the past 14 days), high evaporative demand, and intensifying flash drought conditions in recent weeks. Moreover, within the past 30 days, numerous agricultural impacts have been reported by extension agents as well as by local farmers and ranchers to the National Drought Mitigation Centerโ€™s (NDMC) Condition Monitoring Observer Reports (CMOR) system. Impact reports include crop stress, critically low soil moisture, water hauling, and reduced forage, with the highest concentration of reports coming in from western portions of the Dakotas, western Nebraska, and eastern portions of Montana and Wyoming. According to the USDA (August 4), statewide topsoil moisture rated by percent short to very short is as follows: Kansas 55%, Nebraska 49%, South Dakota 32%, North Dakota 25%, Montana 68%, Wyoming 83%, and Colorado 58%….

Colorado Drought Monitor one week change map ending August 6, 2024.

West

Out West, the overall hot and dry pattern observed during the past 30-60-day period continued to desiccate many parts of the region leading to the addition of numerous areas of Abnormally Dry (D0) as well as expansion of areas of drought (primarily Moderate Drought D1) in the Pacific Northwest, California, Intermountain West, and the Southwest. Furthermore, the hot and dry weather continued to exacerbate fire conditions with numerous large fires burning across the region, including Californiaโ€™s Park Fire (northeast of Chico, CA), which has burned ~414,890 acres and was only 34% contained, according to the U.S. Forest Service on August 7. In terms of wildland fire potential for the remainder of August 2024, the National Interagency Fire Centerโ€™s Significant Wildland Fire Potential Outlook is forecasting above-normal fire potential across areas of Washington, Idaho, Montana, California, Nevada, and Utah. Looking at statewide reservoir storage (August 1), reservoir storage (as compared to the 1991-2020 median) is above normal in Arizona, Idaho, Nevada, Oregon, and Utah with below-normal levels in Colorado, Montana, New Mexico, Washington, and Wyoming, according to the National Resources Conservation Service…

South

Across the region, dry conditions prevailed this week as well as above-normal temperatures with the greatest anomalies (+4 to 8 degrees F) observed in the Texas Panhandle and Trans-Pecos regions as well as in areas of southeastern Oklahoma, and southern portions of Louisiana and Mississippi. On the map, deterioration occurred in northern and western portions of Texas, eastern Oklahoma, southern Arkansas, and Mississippi, while near- to above-normal precipitation during the past 30-day period led to widespread improvements across Tennessee. In Oklahoma, the rapidly declining soil moisture and escalating fire danger are heightening concerns about widespread flash drought, according to the Oklahoma Climatological Survey. In Texas, Water for Texas (August 7) is reporting statewide reservoirs currently at 76.7% full with numerous reservoirs in the eastern part of the state in good condition, while many reservoirs in the western half of the state are experiencing below-normal levels. In terms of topsoil conditions across the region, the USDA (week August 4) is reporting the statewide topsoil moisture rated by percent short to very short as follows: Tennessee 29%, Mississippi 39%, Arkansas 47%, Louisiana 22%, Oklahoma 59%, and Texas 67%…

Looking Ahead

The NWS Weather Prediction Center (WPC) 7-Day Quantitative Precipitation Forecast (QPF) calls for moderate-to-heavy rainfall accumulations ranging from 4 to 10 inches across areas of the Eastern Seaboard from Georgia to New England. Lesser accumulations, ranging from 1 to 2 inches, are expected across areas of the Four Corners states as well as in the Central Plains and southwestern portion of the Midwest. Elsewhere in the conterminous U.S., generally dry conditions are forecasted. The Climate Prediction Center (CPC) 6-10-day Outlook calls for a moderate-to-high probability of above-normal temperatures across much of the Four Corners States, much of the Plains states, the South, and Southeast. Conversely, below-normal temperatures are expected across much of California, eastern portions of the Midwest, and the Northeast. In terms of precipitation, there is a low-to-moderate probability of above-normal precipitation across the Pacific Northwest, Intermountain West, areas of the Desert Southwest, Central and Northern Plains, and in Alaska. Below-normal precipitation is expected across most of the South, Southeast, and western portions of the Great Basin.

US Drought Monitor one week change map ending August 6, 2024.

Just for grins here’s slideshow of early August US Drought Monitor maps for the past few years.

Article: Economic Evaluation of Water Management Alternatives in the Upper #GreenRiver Basin of #Wyoming — MDPI

Green River Basin

Click the link to access the article on the MDPI website (Spencer Blevins, Kristiana M. Hansen, Ginger B. Paige, Anne MacKinnonย and Christopher T. Bastian). Here’s the abstract:

Water use efficiency measures are generally recommended to reduce water use. Yet, flood irrigation practices in high-elevation mountain valleys of the Colorado River Basin headwaters generate return flows, which support late-season streamflow and groundwater recharge. Return flows support the ecosystem and provide recreational benefits. This study provides a framework for quantifying how land-use changes and associated return flow patterns affect the economic value of water across uses in a hydrologically connected, shallow alluvial aquifer system. This study first investigates how return flow patterns could change under three alternatives to flood irrigation: an increased use of center pivots, increased residential development, and conversion to pasture. The brown trout was used as an indicator species to track eco-hydrology, return flow, and capacity for recreational activities under each alternative. Estimates from the non-market valuation literature coupled with predicted changes in brown trout productivity approximate associated changes to recreational angler value. Recreational angler values are highest under the flood irrigation alternative. The inclusion of recreational angler values with agricultural values alters the magnitude of returns but not the rankings. These results highlight the potential heterogeneity of conclusions to be drawn regarding water use efficiency, depending on the economic value of water in different uses and the degree of hydrologic connectivity. This study also highlights data gaps and modeling needs for conducting similar future analyses.

#Colorado Attorney General Phil Weiser weighs formal role as U.S. Supreme Court reviews oil-train case — Colorado Newsline #ActOnClimate #COriver #ColoradoRiver

The Colorado River flows through Ruby and Horsethief canyons area near Mack, June 9, 2023. (William Woody for Colorado Newsline)

Click the link to read the article on the Colorado Newsline website (David O. Williams):

August 6, 2024

Proposed Uinta Basin rail project in #Utah could result in surge of hazardous shipments along Colorado River

Coloradoโ€™s attorney general recently left open the possibility he will take a formal role in a case before the U.S. Supreme Court to help block a proposal that would send a massive surge of oil trains along the Colorado River.

Attorney General Phil Weiser last week expressed disappointment that the court in June agreed to review Eagle Countyโ€™s 2023 appellate court win, which derailed the proposed Uinta Basin Railway project in Utah. The project would likely result in a dramatic increase in hazardous oil shipments traveling through the Colorado mountains and Denver toward Gulf Coast refineries.

โ€œThe proposed plan to run two-mile-long trains filled with hundreds of thousands of barrels of waxy crude oil along the Colorado River daily poses an extreme risk to this critical water source and the communities, industries, and farmers that rely on it,โ€ Weiser wrote in an email statement to Colorado Newsline. โ€œThis proposal was rightfully tossed out by an appellate court. I am presently considering all options to protect the Colorado River โ€” that includes weighing in with the U.S. Supreme Court as it reviews the case.โ€

The U.S. Court of Appeals for the D.C. Circuit last year ruled the U.S. Surface Transportation Board, which is the primary federal regulatory agency overseeing U.S. rail projects, erred under the National Environmental Policy Act and ordered the agency to fix significant problems with the proposed 88-mile rail spurโ€™s environmental impact statement.

The appeals court found the STB failed to properly weigh both the upstream and downstream impacts of oil production, including accident data, downline fire risks and the impact to endangered fish from predicted oil spills in the Colorado River. 

The seven Utah counties surrounding the Uinta Basin oil fields, which formed the Seven County Infrastructure Coalition, petitioned the Supreme Court to hear the case in March. The Seven County Infrastructure Coalition v. Eagle County case will be heard during the high courtโ€™s next session, which begins in October.

Weiser โ€” a former Supreme Court clerk to justices Byron White and Ruth Bader Ginsburg, former dean of the University of Colorado law school, and former U.S. Justice Department attorney in the anti-trust division โ€” has been one of the top state officials critical of the Uinta Basin Railway project.

โ€œI am disappointed the Supreme Court heard (the Uinta Basin) case. We won an important decision,โ€ Weiser said in a phone interview last week. โ€œI have been a vocal critic of the idea of taking what seems to me a high-risk move through a fragile ecosystem by allowing there to be the shipping of oil in railway cars that could lead to the sort of ecological harms weโ€™ve seen happen elsewhere.โ€

Weiser points to the environmental devastation of Norfolk Southern railroadโ€™s East Palestine, Ohio, chemical train derailment last year.

โ€œIt doesnโ€™t take much for a single incident to create extraordinary and lasting damage, and that, too, is a good basis for prohibiting (the Uinta Basin) project for going forward, so weโ€™ll continue to make that case,โ€ Weiser said. โ€œI worry that a Supreme Court that is not interested in protecting our land, air and water could be less sympathetic to this point. We did see that lack of sympathy in the case involving the Clean Water Act.โ€

In last yearโ€™s Sackett v. the Environmental Protection agency case, decades of federal wetlands protections under the Clean Water Act were stripped away by the court, forcing Colorado to stand up its own regulations after a compromise with Republicans in the state Legislature.

Weiser said the only silver lining in that case was that conservative Justice Brett Kavanaugh sided with the liberal minority, joining Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson in dissenting against the ruling.

โ€œWe were successful in that case with Justice Kavanaugh, but obviously we were still a vote short,โ€ Weiser said. โ€œIโ€™m worried about all of our environmental statutes if the mindset is, โ€˜How do we gut any environmental protections?โ€™ We as a society are going pay a price for that, whether thatโ€™s coming from the Supreme Court or a second Trump administration.โ€

From an antitrust standpoint, Weiser says consolidation in the railroad industry has opened up new risks of harm, because less competition leads companies to be less committed to reliable, safe service and adequate staffing. While federal legislation is stalled, Colorado lawmakers took up the issue last session and set up a new state rail safety office.

โ€œPart of the challenge from a competition standpoint is the Surface Transportation Board I believe has had the sole authority to evaluate mergers in rail, and theyโ€™ve been willing to approve mergers in rail that really highly concentrated that industry,โ€ Weiser said, specifically referring to the U.S. Justice Department objecting to the Union Pacific merger with Southern Pacific in 1996.

โ€œI think the system of oversight that does not allow the Justice Department to stop anti-competitive mergers is problematic, and itโ€™s problematic that the Surface Transportation Board took action in this case and did not take the Department of Justice competition concerns more seriously,โ€ Weiser added. Now Union Pacific controls most east-west freight through Colorado and is currently negotiating with the state for a new lease at the state-owned Moffat Tunnel.

Eagle County officials have said they hope the state will take a more active role in the Uinta Basin Railway battle going forward, citing $450,000 in legal fees.

Democratic Colorado Gov. Jared Polis, in a rare statement on the Utah oil-train project, which has united the stateโ€™s Democratic lawmakers in opposition, said that if the Supreme Court greenlights the Uinta Basin Railway this fall, it will have โ€œprofound implications across the West.โ€

โ€œItโ€™s a legal case that weโ€™re following, of course,โ€ Polis said recently in Vail, as quoted in the Colorado Times Recorder. โ€œWeโ€™re actively monitoring it. It would have a major impact on our state for sure, in terms of transportation. I donโ€™t have any say over it. Itโ€™s not up to the governor. Itโ€™s a pending court case, so weโ€™re aggressively monitoring it, and it would have profound implications across the West.โ€

Map of the Colorado River drainage basin, created using USGS data. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=65868008

On Superfund and the #GoldKingMine, 9 years later — Jonathan P. Thompson #AnimasRiver #SanJuanRiver

The Animas River running orange through Durango after the Gold King Mine spill August 2015. Photo credit: Jonathan P. Thompson/The Land Desk

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

August 6, 2024

โ›๏ธMining Monitor โ›๏ธ

It was nine years ago yesterday, while I was sitting in our Durango home, when a tweet from La Plata County popped up on my screen warning residents of an upstream spill of some sort. โ€œI gotta see this,โ€ I said to myself, running out to the old Silver Bullet and driving it to the 32nd Street Bridge. When I found the water to be its usual placid green, brimming with SUPers and boaters and scantily-clad tubers, I continued north into the broad, flat-bottomed Animas Valley, where the generous monsoon had left pastures green and cottonwoods lush. 

I turned onto Trimble Lane, passed the golf course and rows of McMansions to a little turnout by the bridge and was transfixed by the river: Turbid, electric-orange water, utterly opaque, sprawled out between the sandy banks, as iron hydroxide particles thickened within the current like psychedelic smoke.

This image was taken during the peak outflow from the Gold King Mine spill at 10:57 a.m. Aug. 5, 2015. The waste-rock dump can be seen eroding on the right. Federal investigators placed blame for the blowout squarely on engineering errors made by the Environmental Protection Agencyโ€™s-contracted company in a 132-page report released Thursday [October 22, 2015]

The crazy color was the result, of course, of the Gold King Mine spill, when contractors for the EPA inadvertently breached an earthen plug in the portal of the Gold King Mine, releasing some 3 million gallons of TANG-hued, acidic, metal-tainted water into a tributary of the Animas River, turning the waterways various shades of yellow and orange for a good 100 miles downstream. The incident drew global attention, shut down the river, and affected recreation, commerce, and agriculture, as well as inflicting trauma on the collective psyches of the riverside communities โ€” some of which still lingers today.

It really seemed, at the time, to be a turning point. After years of lurking under the public radar, abandoned mines and the ways they harm the environment, impair water quality, and sometimes harm human health were finally getting attention. There were congressional hearings on the problem, dozens of stories in the national media, and Gold King downstreamers demanded that the Upper Animas River watershed be declared a Superfund site in order to fix the problem, once and for all. 

The โ€œBonita Peak Mining Districtโ€ superfund site. Map via the Environmental Protection Agency

Nine years have passed, a Superfund site โ€” the Bonita Peak Mining District โ€” was established, numerous lawsuits have played out, and as much as $160 million has been spent responding to the initial disaster and on Superfund-related activities in the years since. And yet, no meaningful federal policy regarding abandoned mines has been passed by Congress or implemented by the White House. And while Gold King Mine discharges are being treated, keeping some harmful metals out of the streams, very little additional progress has been made on solving the larger problem of abandoned mines in the Upper Animas watershed and their effect on water quality.

It is all a bit discouraging, to say the least. Though none of it is all that surprising. 

On the federal policy part, the Biden administration issued a report last summer calling for major reforms to the 1872 General Mining Law. The proposed changes would increase protections on mining claim/lease and permitting end, so as to avoid future Gold King events. And they would establish a reclamation fee and royalties on federal hardrock minerals to help fund a restoration industry tasked with cleaning up abandoned mines. 

It all sounds great, but so far has yielded very little actual policy. Yes, the Biden administration increased mining claim fees from $165 to $200. And the Infrastructure Investment and Jobs Act and the Inflation Reduction Act did earmark billions of dollars for abandoned mine โ€” and oil and gas well โ€” cleanup. As for Congress, the closest theyโ€™ve gotten to a viable mining law reform bill is one clearing the way for corporations to use public lands as waste dumps. 

The problem is that the mining industry wields a great deal of power, especially in Nevada, Arizona, and Utah. And that means that even Democratic, otherwise green-leaning politicians tend to bow down to industry (see Sens. Jacky Rosen and Catherine Cortez Masto, both of Nevada). The Biden administration, meanwhile, has developed a case of carbon tunnel vision, and is looking to streamline and encourage mining for so called โ€œgreen metalsโ€ such as lithium, manganese, cobalt, and copper. And it has also signed on to efforts to bolster the domestic uranium mining industry to support a growing advanced nuclear reactor sector. Implementing the administration’s own recommended reforms could slow those efforts. 

Prior to mining, snowmelt and rain seep into natural cracks and fractures, eventually emerging as a freshwater spring (usually). Graphic credit: Jonathan Thompson

As for a lack of progress in the Upper Animas? Thatโ€™s a more complicated situation. In fact, itโ€™s the complicated nature that makes it so challenging. 

Superfund โ€” or CERCLA โ€” seems to work well as a blunt instrument for cleaning up old factories, waste dumps, or other contained industrial sites, and for holding the responsible parties to account. It has a good track record on some mining sites, as well, including several in the West. Even then, however, the cleanup can last for decades, and in the case of draining mines, may require water treatment in perpetuity. 

But thereโ€™s nothing straightforward or simple about the environmental legacy of mining in the Upper Animas watershed and the 48 sites within the Bonita Peak Mining District Superfund site. The mountainsโ€™ innards resemble Swiss cheese, with miles and miles of drifts and shafts in addition to natural fractures and faults that blur hydrological understanding. Indeed, mysteries remain around the exact source and pathways of the water that blew out of the Gold King in 2015. (For what is likely the most exhaustive, and exhausting, chronological dive into the Gold King/Sunnyside/American Tunnel connections, check out this old Land Desk wonkfest. But remember, only paid subscribers have access to the archives!) 

Further complicating issues is a fair amount of natural acidity and metal loading that can never be cleaned up, along with the still unanswered question of which stretches of stream may have been able to support fish before mining commenced, and which ones may feasibly be able to support fisheries in the future. In other words, what is the end goal of the project? What would โ€œfixingโ€ the problem, as downstreamers demanded in 2015, look like in terms of specific water quality improvements in specific stretches of streams? And are those desired fixes feasible? Nine years later and those questions linger. 

The saddest part of it all, perhaps, is the fact that those questions were being asked and answered, and solutions were being implemented, prior to the Gold King spill. The Animas River Stakeholders Group moved maddeningly slow at times, but they were thorough, realistic in what could be achieved, and effective. They were also efficient: Since their funding was limited, they had to prioritize projects that would give them the biggest water quality bang for their buck. They were also somewhat limited in what they could do thanks to liability issues. While moving or capping a waste pile is fairly low risk, if a โ€œgood samaritanโ€ like ARSG tries to fix a draining, abandoned mine, it could become responsible for future problems โ€” like the Gold King blowout, for example. So, ARSG relied on industry partners for draining adits, or called in the EPA. 

A lot of folks, myself included, hoped that the Superfund cleanup would incorporate ARSG as an active partner and build upon their efforts. Just imagine what the group, which was formed in 1994 and included a vast storehouse of water quality data and analysis and human expertise, could have done with EPA funding and liability protection? Instead, the EPA started virtually from scratch. The ARSG ultimately disbanded and was replaced by the citizens advisory group, or CAG. Former ARSG Coordinator Peter Butler was brought on as CAGโ€™s chair. 

Iโ€™d run into Butler on occasion while running or hiking the trails around Durango, and he always seemed a bit frustrated about the lack of progress at the Superfund site and the EPAโ€™s lack of receptiveness to the advisory groupโ€™s advice and data collection. 

Shortly after the Gold King spill, the EPA had spent many millions of dollars setting up a water treatment facility in the former mining town of Gladstone, at the mouth of the bulkheaded and defunct American Tunnel (which accessed the Sunnyside, the last operating mine in the region, which was shuttered in 1991). But it only treats drainage from the Gold King, letting acid mine drainage from other nearby adits flow unmitigated into Cement Creek, which ultimately joins up with the Animas River. Other than that, the EPA had done very little in the way of substantive remediation, and downstream water quality has remained poorer than it was in the early 2000s, when the Sunnysideโ€™s treatment plant was still up and running. (Itโ€™s a very long story, but to sum it up: Legal issues, a lack of funding, and an eviction shut treatment down in 2004, causing water quality and downstream fish populations to deteriorate).

Still, I was a bit shocked when Butler announced his resignation from the CAG late last year, and sent a letter detailing his reasons for moving on. He cited the lack of CAG influence on decision-making, the high turnover among local EPA administrators, and the EPAโ€™s failure to honor promises made to the local community prior to Superfund designation. And, he wrote:ย 

(The EPA later responded, as reported by the Durango Heraldโ€™s Reuben M. Schafir)

It was damning criticism and the EPA lost an important advisor when Butler stepped down. And while the CAG continues its work with a capable group of local advisors, Butlerโ€™s exit also seemed to signal the end of the Animas River Stakeholders Group era, in which environmentalists, bureaucrats, scientists, and industry collaborated to find working solutions to complex problems. 

It has taken me a while to write about this, in part because I do find it somewhat heartbreaking. It also worries me. Earlier this year Navajo Nation advocates and residents celebrated when the EPA finally designated the Lukachukai Mountains Mining District Superfund site after years of lobbying for it. They saw it as a guarantee that dozens of abandoned, Cold War-era uranium mines would finally be cleaned up and would stop oozing toxic material into the water and homes. And maybe it is, but how long will it take? 

The sad reality is that no one โ€” not the EPA, not the Stakeholders group, not industry โ€” will ever totally fix the problem of polluting abandoned mines in the Upper Animas watershed. All they can really do is manage it and, in an ideal world, learn from the experience and develop better and more innovative ways to carry out that management. I suppose in EPA-time, nine years isnโ€™t all that long. Thereโ€™s still time to right the ship so that the project can benefit the water and the local community. 

Wonkfest: Sunnyside Gold King Settlement, explained Jonathan P. Thompson January 24, 2022

Last weekโ€™s $90 millionย settlementย relating to the 2015 Gold King Mine Blowoutย that turned the Animas and San Juan Rivers TANG-orange for over 100 miles downstream did not bring an end to the legal saga that has dragged on for more than six years (lawsuits against the federal government are still pending). But when the agreement is finalized, Sunnyside Gold Corpโ€”the owner of the nearby, now-shuttered Sunnyside Mineโ€”will finally be free of the mess. Extricating themselves from any further liabilities has cost them about $67.6 million: $40.5 million to the feds;ย $6.1 millionย to the State of Colorado;ย $11 millionย to the State of New Mexico; and $10 million to the Navajo Nation, not to mention the tens of millions theyโ€™d already spent cleaning up a centuryโ€™s worth of mining mess.


๐Ÿฅต Aridification Watch ๐Ÿซ

Glen Canyon Dam. Photo credit: Jonathan P. Thompson/The Land Desk

Iโ€™ve seen a bunch of headlines lately to the effect of: โ€œLake Powell water hits highest level in three years.โ€ Itโ€™s accurate and itโ€™s certainly good news for everyone who relies on water from the Colorado River, but it doesnโ€™t really tell the whole story. Yes, deadpool has been delayed for another year or so, boaters have better access to the reservoir, hydropower output should be a bit better, and the ferry between Halls Crossing and Bullfrog Marinas is operating once again. 

That said, the headline is a bit of a glass half-full sort of thing. Yet in this case, it wasnโ€™t even half full, at its seasonal peak in early July it was only about 41% of capacity โ€” or 59% empty for all the pessimists. Now water levels are dropping again and likely will continue to do so until next spring, as releases exceed inflows. 

In some ways you could say that Lake Powellโ€™s levels are a microcosm of the Southwestโ€™s climate as a whole. Weโ€™ve had a few decent to downright-abundant water years, which have eased the drought in most places and helped reservoir levels recover. But the wet years have not ended the Southwest megadrought, now going on its 25th year, which is the most severe dry spell of the last 1,200 years, according to new research out of UCLA. Nor has the above-average snowpack brought Lakes Powell or Mead back to their 1980s glory days. It will take several more consecutive wet years to make that happen. 

The increase may not be enough to quell concerns about future water supplies, but the ferryโ€™s up and running again, which is a good sign. I’ve only taken it once: My dad and brother and I took the Lowrider, a 1967 Pontiac Catalina, across Lake Powell many years ago, before taking some hairball, oil-pan-busting Henry Mountain route for which the car was not appropriate. The ferry ride only lasts a few minutes, but itโ€™s kind of cool, and it allows you to see a lot more country with less driving. It only runs when the water level is above 3,575 feet, though, which means you probably only have a month or two to try it out.

Figure 4. Graph showing the distribution of reservoir storage in different parts of the Colorado River basin between 1 January 2021 and 15 July 2024. Credit: Jack Schmidt/Center for Colorado River Studies

#Colorado Water Trust restoring water to the Upper #YampaRiver during low flows

Yampa River downtown with low flows. Photo credit: Colorado Water Trust

From email from the Colorado Water Trust (Blake Mamich, Katie Weeman and Holly Kirkpatrick):

(August 2, 2024) โ€“ On July 29, Colorado Water Trust (the Water Trust) began boosting flows in the Upper Yampa River with the initial order of 1,000 acre-feet of water (326 million gallons) at a rate of up 10 cfs for instream flow use by the Colorado Water Conservation Board (CWCB). This weekend the flow rate of the releases will increase to up to 45 cfs. The Water Trust is able to release this water out of Stagecoach Reservoir thanks to a ten-year, Temporary Lease for Instream Flow Use Water Delivery Agreement (ISF Lease) with the CWCB and has the contractual opportunity to purchase up to 5,000 acre-feet of water in 2024 if and when the Upper Yampa River needs additional flow. This project, in partnership with the Upper Yampa Water Conservancy District (UYWCD), the CWCB, and the City of Steamboat Springs (City) aims to support a healthy Yampa River, the fish and wildlife that depend on it, as well as the municipal, industrial, agricultural, and recreational uses on the river.

Why this project is needed: Nearly every year, no matter the snowpack and monsoon conditions, the Upper Yampa Riverโ€™s flows start to dip below healthy levels in the summer and/or fall. These low flows and high temperature conditions on the river create unhealthy environments for fish species and can force the City to institute recreational closures on the Upper Yampa which closes the river to all human interaction and harms local businesses conducting tubing and fly-fishing activities.

How the partnerships work: This is a truly collaborative cross-industry effort between local, state, and federal agencies. Since 2012, Colorado Water Trust has led the effort to contract for water out of Stagecoach Reservoir to purchase and lease water to restore the Upper Yampa if and when the river experienced low flows. Because stored water must be released for a beneficial use, the mechanisms for releasing water to protect the health of the river are complex. Throughout the years, this project has become increasingly collaborative, resulting in a flexible ten-year contract with UYWCD and culminating in the second execution and operation of a ten-year ISF Lease with the CWCB. In the summer and fall, Colorado Water Trust coordinates and leads weekly meetings to report on implementation, discuss input and observations, and address questions from the community. Attendees include representatives from the CWCB, the City, Colorado River Water Conservation District, Friends of the Yampa, Yampa River Fund, the Upper Colorado Endangered Fish Recovery Program, Routt County, UYWCD, and Tri-State Generation and Transmission and local business representatives. During the coordination meetings, attendees provide real-time and on-the-ground observations, critical standards and thresholds are discussed, and pivotal questions are raised and deliberated. Once it is determined that the Upper Yampa needs boosted flows, Colorado Water Trust goes to work in executing our existing ten-year water supply contract with UYWCD and fundraising for the cost of the water.

How the funding works: It is a different compilation every year, but in 2024 we have major support from the CWCBโ€™s Instream Flow program, as well as support from the Yampa River Fund, an anonymous donor in Steamboat Springs, and the Colorado River Water Conservation District.

Whatโ€™s the impact: Since 2012, Colorado Water Trust has restored nearly 21,000 acre-feet of water to the Upper Yampa (5.88 billion gallons). We anticipate 2024 may be our biggest year yet. We aim to purchase and release up to 5,000 (1.6 billion gallons) of water from Stagecoach Reservoir to the Upper Yampa when it needs boosted flows. This can lower temperatures and protect fish and can hold off recreational closures for the benefit of the local economies and people tied to the river.

Yampa River downtown. Photo credit: Colorado Water Trust

According to a report titled Evaluating the Economic Contribution of Boatable Opportunities on the Yampa River written by Hattie Johnson with American Whitewater and Rachel Bash with Lynker Technologies, โ€œIn the example shown here, the extra 30 days of flows over 85 cfs in Steamboat Springs provide the region with about $500,000 of economic contribution.โ€ This is a conservative estimate for Colorado Water Trustโ€™s 2022 purchases and releases on the Yampa River. It is based on reports from rafting and fishing participants and was intended to be a tool that could easily be updated when more data is collected.

How the Upper Yampa is fairing this year: After a relatively cool spring, hot temperatures and dry conditions are taking their toll. Stream temperatures are rising and flows are dropping quickly. This was not unexpected as mid to late July is often when the river starts to need added flows.

QUOTE FROM COLORADO WATER TRUST

โ€Itโ€™s becoming apparent that in almost any year, wet, dry or average, the Upper Yampa River can benefit from additional flow in the late summer and fall months. Thatโ€™s why it was an easy decision to make this year an operational year for the Instream Flow Lease with the CWCB. This lease was signed in 2022 and the legislation hat allowed it was adopted in 2020, so itโ€™s exciting to use this contemporary tool for streamflow restoration for the first time.โ€ Blake Mamich, Colorado Water Trust.

QUOTE FROM UYWCD

โ€œRecent years have proven that our river system is changing in response to new climate realities,โ€ said Andy Rossi, General Manager for the Upper Yampa Water Conservancy District. โ€œOur partnership with the Colorado Water Trust and the use of CWCBโ€™s Instream Flow Lease will be critical to protecting our river ecosystems and the communities that depend on them for years to come.โ€

QUOTE FROM CWCB

โ€œThe Colorado Water Conservation Board is proud to support continued partnership with the Colorado Water Trust,โ€ said Lauren Ris, CWCB Director. โ€œThis important Instream Flow agreement on the Upper Yampa means we are not only addressing immediate ecological needs but also investing in the long-term health and resilience of the river for future generations.โ€

Stagecoarch Reservoir outflow June 23, 2019. Photo credit: Scott Hummer

The Secretarial #Drought Designations for 2024 include 619 primary counties and 365 contiguous counties through July 10, 2024 — @DroughtDenise

For more info, please see the Emergency Disaster Designation and Declaration Process Fact Sheet at https://fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/FactSheets/emergency_disaster_designation_declaration_process-factsheet.pdfโ€ฆ

#ColoradoRiver 2023 Water Use: An Optimistic Narrative — John Fleck (InkStain.net) #COriver #aridification

Lower Basin U.S. use. Credit: John Fleck/InkStain

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

July 18, 2024

Preparing for A Thing Iโ€™m doing next week, I updated the Crazy Fleck Spreadsheet this morning of data from Reclamationโ€™s annual Lower Basin decree accounting reports.

Amid all the angst and rhetoric, it is easy to miss the salient fact made clear by this graph: Lower Basin water users have reduced their take on the Colorado River substantially since the early 2000s.

  • Nevadaโ€™s use was the lowest since 1992.
  • Arizonaโ€™s use was the lowest since 1991.
  • Records that far back in time are tricky*, but Californiaโ€™s take on the river in 2023 was appears to have been the lowestย since the late 1940s.

To be clear, the use in the late 1990s and early 2000s was unsustainably large. Praise is due for shrinking Lower Basin use, but the praise should be tempered by the fact that that they didnโ€™t do it until the reservoirs had dropped to scary low levels.

But โ€“ crucially โ€“ everyoneโ€™s economy is doing fine. Weโ€™ve absorbed dramatic water use reductions without harming the basic structure and function of the Lower Colorado River Basin communities that depend on the river.

Upper Basin water use. Credit: John Fleck/InkStain

Upper Basin Data

Working with Upper Basin data is trickier*. Thereโ€™s a new dataset from Reclamation that uses remote sensing to estimate consumptive use from 1971 to 2023. Thereโ€™s been a good deal of back-and-forth among Colorado River data nerds because of some confusing aspects of the data, which we hope to sort out soon to enable a more useful analysis. But the top line numbers tell a different but also ultimately an optimistic story.

The curve appears (see data nerd confusion caveat above) to show an upward trend since the 1970s with a huge amount of interannual variability. So we havenโ€™t hit the conservation brakes yet, at least at the basin scale. But it also is clear that the Upper Basin is using far less than the 7.5 million acre feet tagged for us in the 1922 Colorado River Compact.

We Can Do This

It is easy to get tangled these days in the anger and finger pointing about who should cut, and by how much, about who has already cut and how and why, about questions that are both technical but more importantly deeply emotional about equity and fairness. We need to remember and learn from our successes.

* A Note on Data

The Lower Basin data from 1964 to the present is contained in the decree accounting reports, prepared by the Bureau of Reclamation since the Supreme Court ruling in the Arizona v. California case back in the 1960s. Prior to that, I have stitched in a dataset created by the numbers wizards at the Metropolitan Water District of Southern California.

The Upper Basin data comes from the new Upper Basin Consumptive Uses and Losses reports published by the Bureau of Reclamation. The were originally published in May, then a revised set was published in June, Iโ€™m cautious in my analysis and citation because there are still some things I donโ€™t understand about them.

Map credit: AGU

Project 2025 calls for the repeal of the Antiquities Act, but Utah Governor Cox says thatโ€™s a step too far — #Utah News Dispatch

Ruins are pictured near the Fish Creek area of Bears Ears National Monument in San Juan County on May 18, 2018. (Kyle Dunphey/Utah News Dispatch)

Click the link to read the article on the Utah News Dispatch website (Kyle Dunphey):

July 19, 2024

Utah Gov. Spencer Cox has his issues with how the federal government manages its public lands in the state. But he thinks the Antiquities Act, which allows the president to designate national monuments without congressional approval, should remain. 

Thatโ€™s at odds with the conservative Project 2025 initiative, which calls for the repeal of the act, established in 1906 and used to safeguard some of Americaโ€™s most iconic public lands. 

โ€œI donโ€™t support a complete repeal,โ€ Cox said Friday during the monthly PBS Utah press conference with the governor. โ€œI think the Antiquities Act has value. The problem is the Antiquities Act has not been used the way it was intended to be used.โ€ 

Published by the Heritage Foundation, a conservative think tank, Project 2025 is a manifesto describing the various policies that a new Republican administration could enact. It touches on issues like immigration, defense, regulations, the environment and the economy. 

Referring to Grand Staircase-Escalante, the manifesto decries โ€œthe designation of a vast national monument in Utah over the objections of Utah leaders โ€” but with the support of the Hollywood elite.โ€ It accuses the U.S. Department of Interior of abusing the Antiquities Act and recommends the second Trump administration, if elected, take โ€œa fresh look at past monument decrees.โ€  

Cox, while not advocating for a repeal, echoed some of the sentiments in Project 2025, telling reporters he takes issue with โ€œlarge scale, million-acre deploymentsโ€ โ€” that includes national monuments like Bears Ears or Grand Staircase-Escalante. 

โ€œThatโ€™s just not what this was supposed to do,โ€ he said. 

Grand Staircase-Escalante was designated by President Clinton and Bears Ears was designated by President Obama. Both monuments were drastically reduced in size by President Trump, then reinstated by President Biden. 

Utah promptly sued the federal government over Bidenโ€™s reversal. That case was dismissed in August 2023 by a U.S. District Judge and within days the state filed an appeal with the 10th Circuit Court of Appeals. Cox on Friday reiterated his belief that the case would end up before the U.S. Supreme Court. 

โ€œI feel very confident that the Supreme Court will look at this and say presidents have not followed the Antiquities Act the way it was intended to be followed,โ€ Cox told reporters. 

But Steve Bloch, legal director for the Southern Utah Wilderness Alliance, said the governorโ€™s interpretation of the act doesnโ€™t mesh with the last century of precedent. 

Bloch pointed to national parks like the Grand Canyon, Grand Teton and four of Utahโ€™s Big Five โ€” Arches, Capitol Reef, Zion and Bryce Canyon national parks โ€” which all started as national monuments, designated by a president who used the Antiquities Act. Since 1906, the act has been used over 300 times to set aside millions of acres of land, according to the National Park Service. 

โ€œEven without arguing explicitly for a repeal, his version of what the act would authorize a president to do is simply inconsistent with how the act has been used and how the act has been upheld by courts for more than 100 years,โ€ Bloch said. โ€œItโ€™s simply rewriting history to say that Congress didnโ€™t intend to authorize the president to protect large landscapes.โ€ 

Repealing the Antiquities Act would require an act of Congress and regardless of political affiliation, public lands, including national monuments in Utah, have broad support among voters in the West. 

According to Colorado Collegeโ€™s annual Conservation in the West poll, 83% of respondents said they supported Bidenโ€™s โ€œ30ร—30โ€ initiative, which includes a push to designate new national monuments and conserve more land. 

About 84% of respondents said they support creating new national parks, monuments and wildlife refuges, and designating new tribal protected areas of historic significance.  

Meanwhile, a 2023 poll from Deseret News found that 42% of Utah voters support keeping Bears Ears at its current size, compared to 26% who are opposed. 

โ€œThe American public supports these types of designations โ€” Utah is a great example. Four of our five national parks started off as monuments. Nobody thinks that was a bad idea,โ€ said Bloch.

Currently two states โ€” Wyoming and Alaska โ€” have exemptions carved out in the Antiquities Act that requires Congress to approve any national monument designations. Cox would like to see something like that in Utah, which he called โ€œthe pincushion for Democrats.โ€ 

โ€œWhenever they need an environmental win, they just approve another monument in Utah and I donโ€™t think that was ever intended,โ€ Cox said. 

Although Project 2025 spells out an ambitious conservative policy agenda, Trump has recently tried to distance himself from it. Earlier this month, he took to Truth Social, claiming he knows โ€œnothing about Project 2025.โ€  

โ€œI have no idea who is behind it. I disagree with some of the things theyโ€™re saying and some of the things theyโ€™re saying are absolutely ridiculous and abysmal. Anything they do, I wish them luck, but I have nothing to do with them,โ€ Trump wrote. 

Rep. Ken Ivory, R-West Jordan, is listed as one of Project 2025โ€™s contributors. And Utah Republican Sen. Mike Lee is quoted on the 922-page initiativeโ€™s jacket, calling it a โ€œblueprintโ€ to โ€œdismantle the administrative state and return power back to the states and the American people.โ€ 

Pollinator health study leads to #Colorado law protecting pollinators, rare plants — Colorado State University

A selection of Colorado butterfly and bee species in the University of Colorado Museum of Natural History Entomology Collection. A collaborative study found that pollinators provide billions of dollars’ worth of services to Colorado, and they are at risk. Credit: Adrian Carper/CU Museum of Natural History

Click the link to read the release on the Colorado State University website (Jaymie DeLoss):

Pollinators are responsible for everything from the food we eat to the clothes we wear, and Colorado would not be so colorful without their contributions to the stateโ€™s landscape. But studies have shown that even in protected areas of Colorado, insects have declined by more than 60% over the past few decades.  

pollinator study led by Colorado State University Extension has found that native pollinators are worth billions of dollars to Colorado, and they need protection. The study has resulted in a state law that dedicates public funding to studying and conserving invertebrates and rare plants. 

Legislators wasted no time in applying recommendations from the study, which was released in January. The law addresses the No. 1 priority outlined by the study: Protect imperiled native pollinating insects. 

Deryn Davidson, principal investigator of the study and CSU Extension sustainable landscape state specialist, said the study and now the law recognize the importance of pollinators and called them significant steps toward invertebrate protection. 

โ€œThe quick action on this bill is really fantastic because if we do nothing, the decline in not just pollinators but all invertebrates is going to be serious, and weโ€™ll all be affected far more than people realize,โ€ Davidson said. 

Squash bees, like this Peponapis pruinosa, are among the most effective squash and melon pollinators. More than a third of the worldโ€™s crops depend on pollinators. Credit: Adrian Carper

Before the law, signed by Gov. Jared Polis on May 17, invertebrates were not included among wildlife managed by the state. The law authorizes Colorado Parks and Wildlife to make land management decisions based on pollinator conservation and establishes pollinator-related staff positions. 

โ€œThe ability to specifically study pollinators and the plants that depend on them is crucial to our understanding of factors impacting native pollinators and how we can best support them,โ€ said Adrian Carper, an entomologist with the University of Colorado Museum of Natural History and co-lead author of the study with Davidson and Steve Armstead of the Xerces Society for Invertebrate Conservation. Carper led the studyโ€™s science team, and Armstead led its land management team, while Davidson managed the project overall.  

The combined team of experts spent a year synthesizing pollinator data and best management practices for large-scale pollinator conservation to present to the governorโ€™s office at the end of 2023. The 306-page study, commissioned by the Colorado General Assembly in 2022, is the most detailed account of statewide pollinator health ever undertaken. 

โ€œThis bill begins to implement the recommendations of Coloradoโ€™s Native Pollinator Study by enabling our state wildlife professionals to study and conserve all native species, including invertebrates and rare plants that serve as the foundation of healthy, functional ecosystems,โ€ said Sen. Janice Marchman, whoย co-sponsored the billย in the Colorado Senate.ย 

An orange-tipped cactus borer pollinates a curly cup gumweed; both species are native to Colorado. A collaborative study led by Colorado State University Extension is the most detailed account of statewide pollinator health ever undertaken. Credit: Adrian Carper

Protecting pollinators

The study found that pollinators are worth billions of dollars to Colorado agriculture alone. They are also essential for the plants, wildflowers and wildlife that make the Colorado outdoors so desirable for recreation โ€“ a significant economic driver for the state in addition to a quality-of-life enhancer for residents.  

โ€œNative pollinators are crucial to our crops, economy, natural areas, and overall health and wellbeing,โ€ Carper said. โ€œWithout the pollination services they provide, our landscapes would be much less productive, diverse and sustainable.โ€ 


Resources for creating pollinator habitat

Creating Pollinator Habitat fact sheet

Attracting Native Bees to Your Landscape fact sheet


โ€œTheyโ€™re not just creepy-crawly annoyances,โ€ Davidson added. โ€œPollinators are the unsung heroes.โ€ 

Without protection, however, the outlook for Coloradoโ€™s native pollinators is dire. Research in a protected high-altitude meadow near Crested Butte over the past 35 years found that there are about 61.5% fewer insects, due mainly to warmer temperatures and less precipitation. 

Habitat loss, climate change, pesticides, inadequate land-management practices and competition from non-native species are the primary causes of pollinator decline. 

Colorado has 24 species of bumblebees, and nearly one-fifth are under review for federal protection under the Endangered Species Act. Three Colorado butterflies already are listed as endangered. 

โ€œThis bill takes a big step forward in making sure weโ€™re managing and protecting the stateโ€™s wildlife holistically,โ€ said Marchman, who represents Larimer and Boulder counties in the Senate.  

Davidson said that there are simple things people can do in their own yards to help support pollinators, adding that pollinator habitat can boost the curb appeal of your home, too. For more information on how to create pollinator habitat in your own yard, view the video below. 

PlantTalk: Pollinator Habitat

New water sharing agreement helps boost stream flows — #Climate Fix Blog

Yampa River Basin via Wikimedia.

Click the link to read the post on the Western Resource Advocates Climate Fix Blog (Laura Belanger):

July 1, 2024

Declining stream flows can have cascading impacts on communities, fish, and wildlife. WRA is supporting policies and agreements to put water back into the rivers that sustain the West.

Healthy rivers are the foundation of the West, but climate change and growing water demands have stretched our rivers thin. Across the region, low flows have resulted in cascading impacts to communities, fish, and wildlife. Drying streams become disconnected from the rest of the river system. Low water levels inhibit fish passage, cause harmful algal blooms, result in higher water temperatures that are dangerous to fish, and increase the spread of invasive species. Communities feel the effects of these low flows as water supplies decline and popular outdoor recreation spots close.

Fortunately, there is a solution to this problem โ€“ add water. But unfortunately, water is in short supply in the West. In many cases, much of the water flowing in our rivers is already spoken for, having been legally allocated to cities, farmers and ranchers, industry, and other water users. Under state law in Colorado, water users have long been incentivized to use their full water allotment or risk losing it โ€“ a huge deterrent for water conservation.

Thankfully this is changing, as new policies are adopted that promote conservation while protecting water rights. For example, in 2013, a law was passed that allows water users who participate in water conservation programs to leave water in rivers and streams while still maintaining their full water rights. This helped open the door to innovative water sharing agreements to boost river flows.

In 2020, WRA worked with a team of partners to compile a list of high priority streams across Colorado that could benefit from such agreements. Among these streams was Slater Creek.

Located northwest of Steamboat Springs, the picturesque Slater Creek watershed supports numerous ranches, sustains habitat for native fish, and is a popular destination for camping, hunting, and boating. But in the hot summer months, flows in Slater Creek often drop below what is needed to maintain a healthy stream for fish and wildlife.

Seeing this, WRA sprang into action and met with members of the local ranching community to discuss a water sharing project to restore Slater Creek. We built relationships within the community, listened to their concerns, and assured them that any project would be protective of their water rights, and any water sharing agreement would be voluntary, fairly compensated, and mutually beneficial to participants and the river. Through these conversations, we were introduced to a rancher who was interested in working with us. We connected with the Colorado Water Trust, an organization with expertise in water sharing agreements, to get the project off the ground.

Ditch headgate that will be closed under the agreement to leave water in Slater Creek. Photo credit: Western Resource Advocates

Under this new agreement, WRA and the Colorado Water Trust will lease water from the rancher this summer to boost flows in Slater Creek. The rancher will be paid to stop irrigating from mid-July through October, when the river needs water the most. This will benefit 32 miles of Slater Creek, including reaches with instream flow water rights, and will put up to 130 million gallons of water back into the stream. WRA will be monitoring stream health and documenting river flows over the course of the lease. State law limits such leases to five out of every ten consecutive years to preserve agricultural lands. WRA and the Colorado Water Trust plan to continue working in Slater Creek to lease water in the years when it is most needed.

The water sharing agreement in Slater Creek is a prime example of how we can work together to implement solutions that both protect rivers and benefit communities in the face of drought and climate change.

Across the West, WRA is supporting agreements and policies that put water back into the streams that sustain our communities, fish, and wildlife.

Repeal of the Chevron doctrine will have profound consequences for federal rulemaking — @HighCountryNews

The U.S. Supreme Court overturned one of the most-cited administrative law cases ever, the Chevron doctrine. Ajay Suresh/CC via Flickr

Click the link to read the article on the High Country News website (Nick Bowlin,ย Joaqlin Estus,ย Natalia Mesa,ย Kylie Mohrย andย Erin X. Wong):

July 15, 2024

For decades, courts have deferred to federal agencies when interpreting vague statutes. What constitutes the โ€œtakeโ€ or killing of an animal? What does it mean to maintain a wildlife populationโ€™s viability? What does โ€œmultiple useโ€ mean when it comes to managing Forest Service or Bureau of Land Management lands?

But a recent ruling by the U.S. Supreme Court, Loper Bright Enterprises v. Raimondo, has shifted the authority to make these decisions from the executive branch to the federal judiciary. The 6-3 decision, split along ideological lines and written by Chief Justice John Roberts, did away with whatโ€™s known as the Chevron precedent, which instructed courts to defer to agency expertise regarding ambiguous laws, as long as those readings were reasonable.

The Chevron doctrine was one of the most-cited administrative law cases ever. In striking it down, the Supreme Court made an untold number of statutes vulnerable to legal challenges, while curtailing the ability of federal regulators to interpret and enforce existing laws.

โ€œI think the bottom line is it will undoubtedly be disruptive,โ€ said Martin Nie, a professor of natural resource policy at the University of Montana.

High Country News has compiled a list of some of the issues and topics in our core coverage areas that are likely to be impacted by Chevronโ€™s repeal.

Lands, water and wildlife

Multi-use mandates: Several of the agencies that oversee land, water and natural resources are governed by multiple use mandates. Enacted in the 1960s and 1970s, these instruct agencies like the Bureau of Land Management and the Forest Service to promote a variety of outcomes, including recreation, sustained yield of natural resources and conservation.

โ€œThe statutes governing the Forest Service and the BLM are famously vague and discretionary,โ€ Nie said.

This is especially true of the Federal Land Policy Management Act, which has directed public land regulation since 1976. The law has been flexible enough to accommodate both the Trump administrationโ€™s energy dominance agenda and the Biden administrationโ€™s recent conservation rule. The latter involved a new interpretation of FLPMA, elevating conservation to the same level of importance as energy extraction. Without the deference standard, Bidenโ€™s new rule will likely face legal challenges.

Josh Osher, public policy director at the Western Watersheds Project, thinks itโ€™s now going to be difficult to impossible for the Fish and Wildlife Service to delist the Greater Yellowstone population of grizzly bears. Amaury Laporte/CC via Flickr

Unexpected upsides: For the nonprofit organizations that watchdog the federal governmentโ€™s wildlife and natural resource agencies, the ruling may actually offer some benefits.

โ€œThe agency deference that has been part of the Chevron decision has worked against us in many cases,โ€ said Josh Osher, public policy director at the Western Watersheds Project.

The nonprofit regularly challenges agency rulemaking and any other decisions that its staff believe do not follow the law. With Chevronโ€™s agency deference gone, Osher thinks itโ€™s now going to be difficult to impossible for the Fish and Wildlife Service to delist the Greater Yellowstone or Northern Continental Divide population of grizzly bears.

Nie believes that environmental laws, like the Endangered Species Act, that are relatively prescriptive as written and may potentially be less impacted by Chevronโ€™s absence. The same legal specificity may help uphold decisions pertaining to national wildlife refuges โ€” given that the U.S. Fish and Wildlife Service has a mandate to protect biological integrity, diversity and environmental health โ€” and the Wilderness Act, which specifically prohibits โ€œtrammelingโ€ protected areas.

This optimism is not universal, of course โ€“ especially given the uncertainty inherent in undoing 40 years of legal precedent.

โ€œIt reduces the effectiveness of our federal agencies that have the expertise on staff because it is up to the judges to interpret technical and scientific aspects of implementing the law, rather than the professional scientists within agencies,โ€ wrote Rebecca Turner, chief policy and partnerships officer at American Forests, in an email to HCN.

The Albuquerque Indian Health Center, in New Mexico, run by the Indian Health Service. C Hanchey/CC via Flickr

Tribal law

Bureau of Indian Affairs: Legal experts say that the repeal of the Chevron precedent will have broad implications for Indian Country. 

James Meggesto, an Onondaga citizen who leads the Native American law team at Holland & Knight, said that, on the one hand, the Supreme Courtโ€™s decision levels the playing field for tribes that wish to challenge federal regulations that โ€œnegatively impact Indian Country.โ€ 

โ€œNot every decision of, say, the Bureau of Indian Affairs or the Indian Health Service when they were interpreting statutes necessarily benefited tribal interests,โ€ he said. 

But this cuts both ways. Meggesto mentioned two recent Biden administration rules that could now be vulnerable to lawsuits: a move to ease the process of transferring land into trusts to be held for the benefit of a tribe and a revision of regulations governing gaming compacts. 

โ€This (ruling) is going to encourage anti-tribal interests to potentially challenge those in court,โ€ he said. โ€œAnd so tribes are going to be in a position of wanting to assist the government in defending those positive regulations.โ€ 

Meggesto said the recent ruling doesnโ€™t affect the key tenets of Indian law, as expressed in the Canons of Construction of 1832. Those principles, he said, are โ€œthat treaties are to be construed as the Indians would have understood them, and federal laws, if theyโ€™re ambiguous, should be construed in a manner most favorable to the tribal interest.โ€

The Bonneville Shoreline Trail winds along the hills above Salt Lake City. Michlaovic/Wikimedia Commons

Climate and clean air

Tailpipe emissions: One of President Bidenโ€™s signature climate policies โ€” an Environmental Protection Agency rule that uses the Clean Air Act to limit tailpipe emissions from cars sold in the U.S. โ€” was under threat before Chevronโ€™s repeal. The attorneys general of more than two dozen states, including Idaho, Montana, Utah and Alaska, sued the EPA in April, shortly after it released a final rule that aims to dramatically reduce nationwide carbon emissions by pushing automakers to sell greater proportions of hybrid and electric vehicles.

Existing laws are not explicit regarding whether regulators can take action against mobile sources of greenhouse gases โ€” such as cars โ€” as opposed to stationary sources like an industrial plant, according to Reuters.

The U.S. Court of Appeals for the District of Columbia Circuit will decide whether the rule will stand, without the leeway for agency interpretation that Chevron allowed.

Power plant emissions: Released in April, the EPAโ€™s new carbon rule is ripe for legal challenges in a post-Chevron landscape. The regulation relies on the Clean Air Act, Clean Water Act and Resource Conservation and Recovery Act to limit pollution from power plants, including coal and natural gas plants, effectively pushing them to retire or install carbon capture technology to cut 90% of their greenhouse gas emissions by 2032 โ€” a move hailed by climate advocates. Many states, however, argue that the drastic limits are unreasonable and vastly exceed the EPAโ€™s authority under written law. 

The Crossing Trails Wind Farm between Kit Carson and Seibert, about 150 miles east of Denver, has an installed capacity of 104 megawatts, which goes to Tri-State Generation and Transmission. Photo/Allen Best

Clean energy

IRA tax credits: In 2022, Congress passed the Inflation Reduction Act, a sweeping piece of legislation that included numerous tax incentives to spur the clean energy transition.

While the law itself remains intact, in a future without Chevron, legal experts are concerned that agencies will struggle to implement it. Some lawmakers disagreed, for instance, on whether sourcing electric vehicle components from certain foreign countries should be allowed; others have protested a Treasury Department rule that blocks nuclear plants from receiving funding for clean hydrogen projects.

Without the Chevron precedent, legal challenges to agency rules meant to implement the IRA could significantly stall the nationโ€™s progress toward rapid decarbonization.

Wind turbines and utility lines in central Idaho, amid smoke from wildfires in 2021. Simon Foot/CC via Flickr

Transmission lines: To bring more decentralized solar and wind farms onto the power grid, developers need more transmission lines. The long wait times to get them approved have become a bottleneck, endangering the nationโ€™s climate goals.

Thatโ€™s why, in May, the Federal Energy Regulatory Commission released Order 1920, a regulation that forces transmission operators to be more proactive in their planning process, with the aim of easing connections to the grid. Itโ€™s already received partisan pushback from Republican states and state utility commissions, who say that the rule is too prescriptive and limits their legal role in the planning process.

FERCโ€™s sole Republican Commissioner, Mark Christie, is already arguing that Chevronโ€™s repeal will likely nullify Order 1920.

โ€œThe most important legal lifeline that Order No.1920 needed was pulled away today,โ€ Christie wrote on the day of Chevronโ€™s repeal, โ€œand the final ruleโ€™s chances of surviving court challenges just shrank to slim to none.โ€

Labor Day Parade on Silverton’s Greene Street, once a strong Union town photo via The Denver Public Library.

Labor

The Fair Labor Standards Act, passed in 1938, mandated a national minimum wage, ended child labor and established overtime pay rules. But the law is at times ambiguous regarding which workers benefit from these standards. Historically, the U.S. Department of Labor issues rules clarifying issues like safety regulations, unemployment standards and union-organizing protections.

Without Chevron, decades of these interpretations are now subject to legal scrutiny. A blog post by Littler Mendelson P.C., a well-known law firm that often represents employers in union and labor litigation, predicts that federal labor regulators will issue fewer and more narrow regulations.

A Texas judge has already ruled to block the Department of Laborโ€™s new overtime rule from going into effect. Devon Ombres, an attorney for the Center for American Progress, a progressive think tank, said that โ€œlabor law is so dependent on Chevron deference that virtually any type of progressive regulation that protects workers is going to be challenged under this new paradigm.โ€

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 fourthย Plan of Water Managementย for Subdistrict 1 scheduled for six weeks starting Jan. 2, 2026
  • Sustainable Water Augmentation Group and its proposedย alternative augmentation planย 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 Alamosaโ€™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 subdistrictโ€™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.

Opinion: โ€˜#DoloresRiver Canyons very foundation of Ute Mountain Ute identityโ€™ — The #Durango Herald

Dolores River near the confluence with the San Miguel River. Photo credit: Jonathan P. Thompson

Click the link to read the guest column on The Durango Herald website (Regina Lopez-Whiteskunk). Here’s an excerpt:

The Dolores River Canyons represent a significant portion of the cultural heritage for the Ute People that serve as a place of spiritual connection, a place to connect with our ancestorsโ€™ stories and traditional practices. These lands are not merely scenery; they are the very foundation of the Ute Mountain Ute identity. Increased mining would not just disrupt the delicate balance of the ecosystem, it would sever the cultural ties that bind my people to part of our ancestral home.

The future of the Ute Mountain Ute Tribe, and Indigenous communities across the country, lies in the enduring strength of our cultural heritage. Protecting the Dolores River Canyons is not just about safeguarding the environment; itโ€™s about ensuring that future generations of Indigenous youth can grow up connected to their land, steeped in the traditions of their ancestors. Imagine the richness of a future where Ute children learn about their history by exploring the canyons, not by reading about the environmental devastation wrought by a bygone mining industry.

Let us choose the path that honors the past, protects the present and secures a brighter future for generations to come. Let us choose to leave a legacy of respect and cultural preservation, not one of environmental destruction and broken promises.

Invasive species discovered in #ColoradoRiver is capable of wiping out ecosystems, causing costly damage — The #Denver Post #COriver

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

July 18, 2024

An invasive species capable of wiping out entire aquatic ecosystems and causing millions of dollars in damage to infrastructure has been found for the first time in the Colorado River, the most important river in the American Southwest. Colorado Parks and Wildlife officials on Tuesdayย announced the discovery of zebra mussel larvaeย in the river east of Grand Junction. The mussels are nearly impossible to remove and pose an extreme risk to the critical river, its wildlife and its infrastructure, experts and state officials said. The discovery of the mussels so far upstream on the 1,450-mile river means the species could easily spread downstream and take over large swaths of the Colorado, said Reuben Keller,ย a professor who studies aquatic invasive speciesย in the School of Environmental Sustainability at Loyola University Chicago. There is no effective way to remove the mussels from a river once they are established, he said…

The Government Highline Canal, near Grand Junction, delivers water from the Colorado River, and is managed by the Grand Valley Water Users Association. Prompted by concerns about outside investors speculating on Grand Valley water, the state convened a work group to study the issue.
CREDIT: BRENT GARDNER-SMITH/ASPEN JOURNALISM

Colorado Parks and Wildlife found the first zebra mussel larva โ€” called a veliger โ€”ย  on July 1 during routine testing in the Government Highline Canal, which is diverted from the Colorado River just east of Grand Junction. On July 8, CPW staff collected samples from two locations upstream of the canal diversion. They found a single veliger in each sample. CPW staff have not yet found adult mussels, but they plan to conduct increased sampling. Slower sections of water, like pools and eddies, are more susceptible to mussel infestation, according to the agency. Anyone who uses the river or surrounding waters needs toย clean, drain and dryย any watercraft or equipment, CPW spokesman Rachael Gonzales said.

โ€œWeโ€™re looking at whatโ€™s next,โ€ she said. โ€œItโ€™s going to be very difficult โ€” if not impossible โ€” to remove and eradicate them in a system as large and complex as the Colorado River.โ€

While the zebra mussel is new to the river, the closely related and equally pernicious quagga mussel has established a population further downstream. Large infestations have taken root in the systemโ€™s largest reservoirs โ€” Lake Mead and Lake Powell โ€” and caused millions of dollars in damage to dam infrastructure.

The Supreme Courtโ€™s Overruling of Chevron Deference — Audubon

Whooping Crane. Photo: Kenton Gomez/Audubon Photography Awards

Click the link to read the release on the Audubon website (Sam Wojcicki):

July 10, 2024

In June, the Supreme Court of the United States issued a decision in Loper Bright v. Raimondo on the deference courts must give to federal agencies interpreting and implementing through regulations the laws they administerโ€”a doctrine informally known as โ€œChevron deference.โ€ This decision will impact how critically-important environmental laws that Audubon cares about โ€“ such as the Endangered Species Act, National Environmental Policy Act, Clean Water Act, and Clean Air Act โ€“ will be implemented moving forward.

What is Chevron deference? 

Chevron deference was a result of a unanimous 1984 Supreme Court decision in the case of Chevron v. Natural Resources Defense Council. Under Chevron, when an agency adopts regulations implementing a statute, if an agencyโ€™s interpretation of a statute was challenged in court, the court must answer two questions before the challenge can prevail. First, it must assess whether the United States Congress has spoken directly to the question at issue. If Congress had, the agencyโ€™s action must align with the law. However, if Congress had not provided clear guidance on a question, the statute is ambiguous, and the court must assess whether the agencyโ€™s action is based on a reasonable interpretation of the law. If the agency had remained within the bounds of what can be reasonably construed to be Congressโ€™s intent in passing the underlying law, the court must defer to the federal agency. 

What did the Supreme Court decide? 

Under Loper, the Supreme Court held that under the Administrative Procedures Act, courts may not defer to a federal agencyโ€™s interpretation of the law when the statute is ambiguous. The decision held that a court reviewing agency actions must โ€œdecide all relevant questions of law.โ€ Under Loper, judges may be required to determine technical aspects of science or other detailed aspects related to how agencies should implement or enforce laws.  Although the agenciesโ€™ interpretation will be given โ€œthe most respectful consideration,โ€ the agenciesโ€™ interpretation cannot replace the courtsโ€™ judgment. 

What are the possible impacts to conservation policies important to Audubon? 

In practice, Chevron deference allowed Congress to write laws to protect the environment while allowing Executive Branch agencies to implement the intent of the law using their technical expertise in complicated environmental matters. Under the Chevron doctrine, Congress could choose when to utilize the expertise of agency staff and when to weigh in explicitly. For 40 years, the Chevron deference was foundational to the courtsโ€™ upholding regulations protecting the environment.  With the deference, it provided enhanced certainty to agencies implementing broad laws passed by Congress. 

The implications of the decision are likely to present challenges to conservation efforts supported by agency regulations and cause increased litigation and forum shopping. By removing the deference, we may be unable to take full advantage of the scientific expertise and practical experience of federal agencies. The likely increase in litigation also will slow the successful implementation of laws designed to address climate and biodiversity challenges that protect birds and communities. 

To minimize these impacts, Congress should consider providing additional guidance on implementation when passing laws, avoid ambiguity, and enshrine aspects of agency authority where necessary to ensure effective policy implementation. 

On the other hand, environmentalists may find โ€œwinsโ€ when challenging regulations that are incompatible with our goals, such as anti-environmental regulations. In this instance, Congressโ€™s passing detailed laws could ensure that sound environmental policies are advanced regardless of any administrationโ€™s position on these issues.  

What are the next steps?

Policies informed by science and expertise are urgently needed to ensure that birds and people are protected. North America has lost 3 billion birds in the past 50 years, and Audubonโ€™s science shows that two-thirds of North American bird species are at risk of extinction from climate change. 

Audubon will closely monitor how the Supreme Courtโ€™s decision affects important environmental laws in the United States. Our commitment to advancing policy to protect bird habitats and address climate change remains unchanged. We will continue to work in partnership with federal, state, local, and tribal governments to ensure a future where birds and people thrive.ย 

#Colorado Parks & Wildlife, Denver Zoo Conservation Alliance release endangered boreal toad tadpoles into wild near #Creede

CPW’s Daniel Cammack, left, works alongside staff from the Denver Zoo Conservation Alliance to stock boreal toad tadpoles on June 20, 2024. Photo courtesy of Denver Zoo Conservation Alliance.

Click the link to read the release on the Colorado Parks & Wildlife website (John Livingston and Jake Kubiรฉ):

July 16, 2024

Amphibian and Aquatic Species Experts from Both Organizations Releasedย More Than 2,200 Tadpoles in High-Altitude Wetlands

In 2021,ย Denver Zoo Conservation Allianceย (DZCA) andย Colorado Parks and Wildlifeย (CPW) launched aย new initiative aimed at boosting the stateโ€™s population of boreal toads, a species listed as endangered in Colorado and New Mexico. Starting with 95 adult toads from CPWโ€™sย Native Aquatic Species Restoration Facilityย in Alamosa, experts from DZCA spent more than six months preparing them for breeding and nurturing their offspring leading up to their release into the wild.
ย 
On June 20, 2024, teams from DZCA and CPW trekked wetlands near Creede to introduce more than 2,200 boreal toad tadpoles that officials hope could eventually host an established population of rare amphibians. This was the second successful breeding and release, including the reintroduction of more than 600 tadpoles in the Gunnison National Forest in 2022.
ย 
MEDIA:ย Photos and Video of Boreal Toad Tadpole Release on June 20, 2024
ย 
โ€œThis successful breeding and release effort was the result of a tremendous amount of hard work and planning by our Animal Care and Field Conservation teams and our partners at Colorado Parks and Wildlife,โ€ said Brian Aucone, chief conservation officer at Denver Zoo Conservation Alliance. โ€œWeโ€™re committed to continuing this effort with CPW for many years to come and doing our part to make sure this important species remains part of Coloradoโ€™s ecosystem for future generations.โ€
ย 
Once common in montane habitats between 7,000-12,000 feet in the Southern Rocky Mountains, the boreal toad has experienced dramatic population declines over the past two decades. The decline appears to be related to habitat loss and primarily infection by the chytrid fungus, which can infect most of the worldโ€™s 7,000 amphibian species and is linked to major population declines and extinctions globally. Officials estimate there may be as few as 800 wild adult toads left in Colorado.ย 
ย 
โ€œIt was a very special day to join our partners from Denver Zoo to release boreal toad tadpoles that the Zoo produced at their facility,โ€ said Daniel Cammack, Southwest Region Native Aquatic Species Biologist with CPW. โ€œConsistent propagation of boreal toads in captivity has been the major missing link in our conservation efforts. In the past, we relied solely on collecting fertilized eggs from wild populations to grow into tadpoles at the hatchery and stock at translocation sites. Thanks to the Zooโ€™s expertise and hard work, we are able to increase our capacity and get more toads out at more locations. This is a critical partnership that we hope will translate to an increase in populations of this unique amphibian across our state.โ€
ย 
Denver Zoo Conservation Alliance has been conserving endangered and critically endangered amphibian species for more than 18 years. In 2018, DZCA became the first zoo in the Northern Hemisphere toย successfully breed critically endangered Lake Titicaca frogs, and has since provided more than 250 healthy frogs to zoos and aquariums in the U.S. and Europe. In 2021, the organization successfully bred critically endangered Panamanian golden frogs as part of the Association of Zoos and Aquariumโ€™s Species Survival Plan. In 2022, DZCA and CPW released the first brood โ€“ more than 600 tadpoles โ€“ from the joint initiative to support boreal toads in a remote wetland in Gunnison National Forest.
ย 
CPW has devoted significant resources for more than 30 years towardย boreal toad researchย and continues to explore ways to recover the species. Specifically, CPW researchers focus on developing methodologies for reintroducing toads in historically occupied habitats, detecting chytrid fungus in the wild, marking and identifying individual toads and improving breeding success at the Native Aquatic Species Restoration Facility, which plays a critical role in the stateโ€™s efforts to restore populations of boreal toads.
ย 
Officials from DZCA and CPW estimate that it will take many years to bring the species back to a level where it is secure in the Southern Rocky Mountains and expect the collaboration to be a multi-year program. Additionally, as part of the wild release program, DZCA launched aย community science projectย where volunteers monitor the speciesโ€™ high-country habitat to help officials understand the health of current wild populations and determine suitable locations for future reintroduction of toads bred at DZCAโ€™s campus in Denver. For more information, visitย DenverZoo.org.

Boreal Toad Release June 20, 2024. Photo credit: Colorado Parks & Wildlife

Opinion: ETA grant brings hope to Indigenous farmers — The Santa Fe New Mexican

The orange plume flows through the Animas across the Colorado/New Mexico state line the afternoon of Aug. 7, 2015. (Photo by Melissa May, San Juan Soil and Conservation District)

Click the link to read the article on The Santa Fe New Mexican website (Anita Hayes). Here’s an excerpt:

Jul 6, 2024

As the CEO of Northern New Mexico Indigenous Farmers, I see firsthand the struggles our farmers face every day. Our community, inherently connected to our land and rich in agricultural traditions, has been hit hard by an unreliable water system that makes it tough to keep our crops healthy and our livelihoods secure. The Hogback pump station, which should be a dependable source of water, often breaks down, causing us to lose crops and hope. Today, I want to share why securing Energy Transition Act funding for a new pump station is so crucial and how this project will bring much-needed hope to our community.

This image was taken during the peak outflow from the Gold King Mine spill at 10:57 a.m. Aug. 5, 2015. The waste-rock dump can be seen eroding on the right. Federal investigators placed blame for the blowout squarely on engineering errors made by the Environmental Protection Agencyโ€™s-contracted company in a 132-page report released Thursday [October 22, 2015]

Our organization was born out of the Gold King Mine spill, a disaster that laid bare the lack of support for our farmers. The spill made our existing problems worse, showing that without quick action, our farming future was at risk. One of the biggest issues we face is our broken-down irrigation system, specifically the Hogback pump station. Its frequent failures leave us with no reliable water supply for our crops, creating a constant state of anxiety for our farmers and resulting in fallow land. This situation canโ€™t go on if we want our community to thrive. Thatโ€™s why we applied for the ETA grant from New Mexicoโ€™s Economic Development Department, and Iโ€™m thrilled to announce we were awarded $3.6 million in funding to replace our failing pump station. This isnโ€™t just a fix for our water problems; itโ€™s a lifeline for our entire community. The new pump station, complete with its own solar power, will make sure our farms get a steady and reliable supply of water, leading to healthier crops and more stable incomes for our farmers. But the benefits of this project go beyond water. A reliable pump station will help us rebuild our agricultural sector, providing jobs and boosting local businesses that rely on farming. It will also help us keep our cultural traditions alive, as farming is more than just work for us โ€” itโ€™s a way of life that connects us to our heritage and our land. This project will also bring our community together. Alongside the new pump station, we plan to offer training for our farmers on modern irrigation techniques and sustainable land management. This training will give our farmers the tools they need to use water more efficiently and improve their yields. By learning and growing together, our community will become stronger and more united.

What Makes a Heat Wave?ย — @ColoradoClimate Center Blog

Click the link to read the post on the Colorado Climate Center Blog (Peter Goble):

July 31, 2024

Recent Temperatures  

Colorado is currently in the throes of yet another heat wave. Many daily temperature records and some monthly temperature records will be threatened this week across northern and central Colorado. We will see temperatures flirting with the triple digits up and down the Front Range and Urban Corridor. The image below of the National Weather Service 5-day forecast for Denver shows persistent mid-to-upper 90s. 

Just earlier this month we saw a heat wave that threatened all-time high temperature records across the state (July 12th โ€“ July 14th). The details of the last heat wave can be found in our last blog. For this blog I thought it would be fun to explore heat waves in a bit more detail. First, weโ€™ll examine some of the record heat from around the state. Then we will explore all the factors that need to come together to produce record heat. 

Records Around the State 

Most of the population centers in Colorado have all-time high temperature records between 100 ยฐF and 110 ยฐF. Records on the Urban Corridor from Fort Collins down to Colorado Springs range from 101 ยฐF to 104 ยฐF. Pueblo gets a bit hotter, with a record of 109 ยฐF. The terrain in western Colorado is extremely complex, and so are the high temperature records. Areas in the valleys such as Grand Junction and Montrose have seen temperatures max out at values a little bit above the Front Range (107 ยฐF and 106 ยฐF respectively). The hottest temperatures ever recorded in Colorado have occurred on the Eastern Plains, with records from 109 ยฐF to 115 ยฐF in Las Animas; this is our state record. People travel from far and wide to enjoy our Colorado mountains in the summertime, and one of the biggest reasons is the thinner, cooler, drier air. Record high temperatures in the mountains are much cooler. Dillon, CO in Summit County has famously never experienced a 90-degree day. Maximum temperature records only get cooler as one travels higher in elevation. The figure below shows record high temperatures across the state. For the sake of comparison, I have also included the maximum temperature record of 80 ยฐF at Slumgullion Pass, which sits at 11,300 feet elevation.  

We see in the figure above an obvious relationship between the maximum temperature record observed at a station and elevation. It is much more difficult to see extremely high temperatures in the thin mountain air than in the relatively think air over the eastern plains. This probably feels somewhat intuitive, but can we explain why this is using physics? Why canโ€™t the mountains get as warm as the plains? Why are some summers hotter than others, and why are some heat waves worse than others? The remainder of this blog is devoted to examining the anatomy of a heat wave in detail, and understanding what weather forecasters might be looking for when forecasting in the heat of summer. 

Anatomy of Hot Temperatures โ€“ What causes the hottest weather on record, or even the hottest weather of the year, and how can forecasters see it coming? To produce the highest possible temperatures, we need several factors to come together: we need the right time of day, the right season, the right large scale atmospheric pattern, stable enough air, and the right microscale conditions. Letโ€™s explore all of these factors! 

Time of day: Of course our hottest temperatures occur during the daytime when the sun is out, but how come the heat of the day occurs in the mid-to-late afternoon when the sun is shining most directly on us at noon? Whether or not the surface temperature is increasing or decreasing is determined by whether the earthโ€™s surface is gaining more energy than it is losing. The energy input from the sun will be greatest at noon, but energy inputs continue to be greater than outputs throughout the afternoon, so the temperature continues to rise. This effect is shown in the figure below, which comes from a University Center for Atmospheric Research COMET module. The yellow curve shows the intensity of the sunshine throughout the day. The blue curve shows outgoing radiation, or how much energy is trying to escape from the earthโ€™s surface out to space. As temperatures rise, this number goes up. You can think about it as the earth is โ€œtryingโ€ to cool down. The red curve shows temperature throughout a typical day. If the yellow curve is above the blue curve, the temperature increases. If the blue curve is above the yellow curve, the temperature decreases. The maximum and minimum daily temperatures occur at overlapping points. 

If you live in Colorado, summer temperatures will probably top out some time between 3:30 and 5:00 PM in summertime. This is 2:30-4:00 in standard time, or approximately 2.5-4 hours after solar noon. We can see a good example of this using the Fort Collins weather station from our last heat wave on July 12th, 2024. The temperature climbed rapidly throughout the morning, becoming close to 100 ยฐF by 1:00 PM MDT (12:00 PM MST, solar noon), and then slowly continuing to creep upward (with small fluctuations) for the next several hours. As late afternoon approached, the energy input from the sun could not keep up with the energy output from the earthโ€™s surface and the temperature began to fall.ย 

Season: We all know summer is the hottest time of year, and most of us intuitively understand why: the days are longer and the sun shines more directly on the land surface during the day. We can put a little bit of math behind this intuition. When the sun shines from directly overhead, it sends 1366 Watts/meter squared of radiative energy though the top of the atmosphere. Some of this energy will be reflected or absorbed before hitting the earthโ€™s surface, but on a clear sky day most of it will be absorbed by the land surface, and in turn, rapidly heat up the near surface atmosphere. The sunโ€™s energy is not truly โ€œconstant,โ€ it fluctuates based on sunspot cycles. For the moment, letโ€™s just call maximum output from the sun 100%, and the amount of energy we get from the sun at night 0%.  

The fraction of the sunโ€™s energy that reaches the earthโ€™s surface is a function of angle: how high is the sun in the sky? When the sun is directly overhead it is intense and beats directly down on the land surface. When it is on the horizon the energy is diffuse, hitting with a glancing blow. The earthโ€™s tilt is 23.5 degrees, so in the northern hemisphere, we tilt a maximum of 23.5 degrees toward the sun in the summer and 23.5 degrees away from the sun in the winter. This means if you live in Boulder, Colorado, which sits right on the 40th, parallel, the sun will be 40 degrees south of directly overhead at midday on the spring and fall equinoxes, but 63.5 degrees from directly overhead on the winter solstice, and only 16.5 degrees from directly overhead on the summer solstice. We can take the cosine of these angles to see that the sun provides 77% of its maximum energy in Boulder at noon on either equinox, only 45% on the winter solstice, and 96% of its maximum energy on the summer solstice. 

Many of our most extreme heat waves across Colorado, and the country, do occur right around the summer solstice (late June), but may also occur throughout July and August. However, our heat waves are certainly not evenly distributed around the summer solstice. There are far fewer in late May and early June even though we receive more direct sunlight than we do in late July and early August. Why? Much as there is a lag between noon and the hottest time of day, a small lag exists between the longest, brightest days and the peak window for heat waves. It takes the atmosphere several weeks to fully equilibrate, or โ€œcatch upโ€ to the increase in sunlight during late spring, making it easier to build โ€œheat domesโ€ later in the summer (more on this below). Furthermore, the land surface also tends to dry out as the summer wears on, meaning a greater fraction of the sunโ€™s energy goes into directly heating the land, and a smaller fraction (on average) goes into evaporating water. All things considered, we end up with the largest threats for triple digit heat, in Colorado, in late June and July. The image below shows the official maximum daily temperature records for the Fort Collins weather station for every day of the calendar year. Our earliest 100-degree day on record is June 14th, and our latest is August 1st.ย 

We now know that the potential for record hot surface temperatures peaks in the mid-to-late afternoon in late June through late July, but can we explain why some days are hotter than others? Yes. The simple answer is we need the right weather conditions. Letโ€™s explore the anatomy of a heat wave from a meteorological standpoint.  

Large-scale weather pattern: What large scale weather pattern is needed to produce heat waves? The short answer is dry air and high pressure, but we think about this in greater detail. We can think of earthโ€™s atmosphere as being made of up airmasses and the boundaries between them. Air masses are large-scale high pressure systems that can be described as warm and dry (continental tropical, cT), warm and moist (maritime tropical, mT), cool and dry (continental polar, cP), or cool and (relatively) moist (maritime polar mP). Low pressure systems and stormy weather occur in the spaces between, where air masses collide with one another. The figure below shows different types of air masses, and where they tend to occur from Canadaโ€™s weather glossary

To obtain the hottest possible surface temperature we need a hot, dry, high pressure airmass to preside over Colorado. The air needs to be dry because moisture in the air can condense, forming clouds and blocking sunlight. If the near surface layer of air is too moist, thunderstorms will form when the air is heated, cooling conditions back down substantially. High pressure is ideal because air expands outward from high pressure centers, which leads to sinking air. Sinking air draws the driest air down from the upper atmosphere to the surface. Why is sinking air important? 

Stability: Have you heard the saying โ€œheat rises?โ€ If this is true, how are such high temperatures possible at the earthโ€™s surface? Heat does indeed rise because hot air is less dense than cool air. However, as hot air rises it expands to equilibrate to the lower pressure at higher altitudes. There is an energy cost to air expanding, and because of this, air cools as it expands. When we measure this cooling, we see that rising air cools at a rate of 9.8 ยฐC/kilometer of elevation gain (about 5.5 ยฐF/thousand feet). The air aloft is usually cooler than the air at the surface, but so long as it is not more than 5.5 ยฐF cooler per thousand feet of rise, the hot air at the surface will remain in place. This is why having relatively warm air aloft, and not just at the surface, is so important. If warm air is in place aloft, the air at the surface will have to be even warmer to rise.  

Stability is a big part of the reason high pressure atmospheric conditions are ideal for heat. As mentioned above, high pressure forces air aloft to sink. This air is compressed and warmed as it sinks, also at a rate of 5.5 ยฐF/1000 feet. Hotter and drier than normal air above the surface, which is sometimes called a โ€œheat dome,โ€ suppresses the development of clouds and thunderstorms, forces air down from above that warms as it sinks, and lets the surface air bake to its maximum possible temperature under the hot summer sunshine.  

Stability is also why it is nearly impossible to generate triple-digit heat at high elevations. The thin air above our mountain valleys is so reliably cool. In the absence of a โ€œheat dome,โ€ the hot air generated at elevation usually rises and escapes, often triggering thunderstorms. Even record hot air near sea level is surprisingly cool if lifted to the elevations of our Rocky Mountains. For instance, suppose it is hot enough to produce a blistering 132 ยฐF temperature at Furnace Creek in Death Valley. If that air was lifted to 2000 ft elevation, it would be 120 ยฐF. As it happens, 2000 ft is the elevation of Las Vegas, and 120 ยฐF is the all-time record high temperature in Las Vegas. Lift it another 3000 ft and youโ€™re at the elevation of Fort Collins. That same air is now 103 ยฐF. Hey, that is the record high temperature for Fort Collins! As it continues to rise, we hit a mark of 81 ยฐF at 9000 ft (think Summit County) and 53 ยฐF by the time we reach the elevation of Mt. Elbert, nearly 70 ยฐF for just under three miles of vertical displacement. 

Thunderstorms can play a surprising role in producing heat waves. If there is too much moisture in the atmosphere, then heating up the land surface will generate thunderstorms, and kill any chance of developing record heat. However, thunderstorms that occurred earlier somewhere upstreamย can be a key ingredient for creating the perfect heat wave. Air in thunderstorm clouds is saturated, and as this air rises, it cools at a rate much lower than 5.5 ยฐF/1000 feet. When saturated air rises the water vapor is condensed into liquid or even ice. This phase change of water from a gas to a liquid or solid releases latent heat of condensation, counteracting the cooling impact of air expanding as it rises. The image below shows anย exampleย of how moist air can return to the surface warmer than it started after releasing latent heat. ย 

The amount of latent, or โ€œhiddenโ€ heat in moist air is enormous. If a saturated mass of air in the deep tropics was lifted high enough to condense all water vapor out of the air, and then forced all the way back down to sea level, it could be as hot as 200 ยฐF. We never see air this hot because after moist tropical air is lifted, its density will be far too low to force all the way back to the surface. This air will have to cool for weeks if not months before returning to sea level. However, moist air that is lifted and releases its latent heat of condensation, and then is forced by high pressure to sink at least part way to the surface days later, can create a highly effective heat dome. This is what happened in the June 2021 heat wave over the Pacific Northwest. Storm activity over the Pacific Ocean lifted moisture-laden air into the upper atmosphere, releasing its latent heat. The now dry upper-level air traveled eastward until reaching the western United States. A high pressure airmass over British Columbia forced this air back down, creating a brutal heat dome over Washington and Oregon. 

Microscale weather pattern: The record high temperature for Denver is 104 ยฐF, but have you ever driven by an area bank sign, or seen a car thermometer, that says 110 ยฐF? Was that reading wrong? Not necessarily. If the sun is shining directly on the thermometer, then yes, it is wrong. Official temperature readings are taken in thermometer shelters, which are ventilated, but shaded (example below).  

If the thermometer is sited in a place with large amounts of asphalt/concrete/steel (e.g. downtown in a large city/Walmart parking lot) it may indeed be that hot! Long-term weather stations are supposed to be sited in more open spaces surrounded by native vegetation. If the temperature was 100 ยฐF at a close by weather station maybe it was 109 ยฐF where you parked your car. This is a well-known concern in large cities. All the concrete and steel and lack of green area traps heat, creating an โ€œurban heat island.โ€ The added heat in structure-dense cities is a major health and human safety concern in many metro areas around the country.  

Climate change: To quote a recent article on heat waves by Dr. Andrew Dressler โ€œa rising tide floats all boats.โ€ More heat in the atmosphere means a higher upper bound on how hot temperatures can get. That said, while we are seeing significant increases in the number of hot days (figure below) we are not seeing such obvious movement in record high temperatures. 

Conclusion: All things considered, when will you see record heat, and why? 1. Record heat will likely occur in the mid-to-late afternoon immediately after the dayโ€™s peak heating hours. 2. Record heat will probably occur in late June or July. August is hot, but the days are already getting shorter, and the intensity of the midday sun has already begun to wane. 3. The air and land will be dry. In Colorado, it is almost impossible to heat humid air to triple digits without clouds forming, and possibly thunderstorms. 4. The surface pressure will be high, which draws dry, compressed air down from the upper atmosphere at seals in warmer conditions. 5. The air above the surface can likely be traced back to thunderstorm activity somewhere else. The latent heat release from these storms is contributing to the heat dome over your head. 6. If a new record occurred at your local long term weather station, it was probably even hotter downtown and on the roadways.ย 

Happy 148th Birth Anniversary #Colorado!

Rocky Mountain Alpine-Montane Wet Meadow. Photo credit: Colorado Natural Heritage Program

#Drought news August 1, 2024: #Colorado saw deterioration in the N. Front Range, where extreme temperatures and low humidity made for perfect conditions for #wildfire

Click on a thumbnail graphic to view a gallery of drought data from the US Drought Monitor website.

Click the link to go to the US Drought Monitor website. Here’s an excerpt:

This Week’s Drought Summary

Heat continued to be the dominating feature in the Southwest and Plains. Temperatures were 2 to 6 degrees above normal, with isolated areas seeing temperatures of 6 to 8 degrees above normal. The Southwest reached near record temperatures once again, with the highest 1-day maximum temperature for the week reaching 120 degrees in Death Valley and 110 degrees in surrounding areas. The West and Plains missed out on much of the precipitation that fell this week. These hot and dry conditions have leant themselves to increased fire potential and wildfires. The southern Plains, missing out on the precipitation and experienced above-normal temperature, leading to more drying and degradation. Similar degradations occurred along the western border of the High Plains due to the lack of precipitation, poor soil moisture, and declining streamflows. The Southeast on the other hand received substantial precipitation, vastly improving lingering dryness in the area. The northern Appalachian region saw 1-category degradations where streamflows in north-central West Virginia are critically low…

High Plains

The High Plains received trace amounts of precipitation, leading to already dry conditions in the western and southern High Plains to further deteriorate. Poor soil moisture in much of Kansas brought about widespread 1-category degradations. In eastern Kansas, along the Missouri border there have been reports dryness and heat stress. Central Kansas has also seen reports of dry ponds and fear of total crop failures. Some of these drier conditions spilled northward into southern Nebraska, which also saw areas of the northeast and western Panhandle deteriorate because of an extended period of dry conditions, dry vegetation, and low streamflow values. Similar conditions were seen across western South and North Dakota and Wyoming. Colorado saw deterioration in the northern Front Range, where extreme temperatures and low humidity made for perfect conditions for wildfires. Two fires were reported on Monday July 29: the Alexander Mountain Fire west of Loveland, the Stone Mountain Fire southeast of Estes Park…

Colorado Drought Monitor one week change map ending July 30, 2024.

West

The Northwest saw some relief from the extreme heat this week, with temperatures in Nevada, California, Oregon, and Washington being 2 to 6 degrees below normal. Conversely, the Southwest saw more extreme heat. Southern California, the southern tip of Nevada, and western Arizona saw temperatures of over 90 degrees this week with the highest 1-day maximum temperature reaching over 110 degrees. In the northern West, Montana saw slight improvements in the far north where temperatures were slightly below normal but saw similar conditions as North and South Dakota conditions in the central and eastern parts of the state. Central Utah saw minor expansion of abnormal dryness as streamflow began to drop and vegetation is looking dry…

South

Eastern portions South saw much of the heavy precipitation seen in the Southeast. Southeastern Texas into western Louisiana recorded areas of over 8 inches of rain falling this week. There was a sharp line of where the precipitation fell and did not. West of south-central Texas, northeastward to central Arkansas saw trace amounts of rain. Temperatures were also between 1 and 4 degrees below normal, with eastern Texas and western Louisiana having temperatures of 6 to 8 degrees below normal. Except for north-central Texas and parts of Oklahoma, and western Arkansas, 1-categoy improvements were made. Oklahoma saw a mixture of above- and below-normal temperatures, with hot temperatures heating up at the end of the week (July 23 to 30). Reports of โ€œcover crops being cookedโ€ and โ€œno soil moisture for native grasses to draw from and large pastures have lost much green color and have shrunk considerablyโ€ in central Oklahomaโ€™s Logan County…

Looking Ahead

Over the next five days (August 1-6), the Midwest, Northeast, and eastern Southeast are expected to see 1 to 2 inches of rain with heavier amounts predicted in the eastern Midwest and southern Florida. The rest of the Southeast will see more modest amounts of precipitation, deviating from their previous weeks of heavy precipitation. There is currently an Atlantic Disturbance that the National Hurricane Center show a greater than 60 percent chance of developing into a tropical cyclone within the next two days (August 1-2) which could bring heavy rainfall along the Atlantic Coast in the coming week. Isolated areas from Wisconsin, Minnesota, and Iowa to Kansas and higher elevations of Colorado, New Mexico, and Arizona are expected to receive around 1 inch of precipitation. Otherwise, precipitation will be light and spotty leading to much of the West, Texas, southern Oklahoma and Arkansas missing out on the precipitation.

The National Weather Service Climate Prediction Centerโ€™s 6-10 day outlook heavily favors above-normal temperatures from the Pacific Northwest across to the Southeast with conditions becoming near normal across the central U.S. and leaning to below normal temperatures further north toward Canada. Much of Alaska is expected to be above normal with below-normal temperatures possible to the southwest. Similarly, Hawaii is leaning towards above-normal temperatures. Many of the lower 48 states are leaning towards above-normal precipitation, centering around Wyoming and Colorado, along with the Atlantic Coast, which could see remnants of the Tropical Disturbance currently in the Caribbean. Alaskaโ€™s border with Canada is seeing up to a 70 percent chance of below normal precipitation, with the probability increasing in the west and southwest. Hawaii probability of seeing below-normal precipitation is 33 to 40 percent.

US Drought Monitor one week change map ending July 30, 2024.

#Climate leaders say Vice President Kamala Harris has โ€˜lit an electric sparkโ€™ with young voters — The Washington Post

Denver School Strike for Climate, September 20, 2019.

Click the link to read the article on The Washington Post website (Maxine Joselow). Here’s an excerpt:

July 30, 2024

More than 350 prominent climate advocates on Tuesday endorsed Vice President Harris for president, a sign that environmental leaders believe hercampaign will energize like-mindedvoters in a way thatย President Bidenย could not. In aย letterย shared first with The Washington Post, big names in the environmental movement โ€” including former U.S. climate envoyย John F. Kerry, former secretary of state Hillary Clinton and Washington Gov. Jay Inslee (D)โ€” wrote that Harrisย has long prioritized climate actionย and would continue to do so as president.

โ€œWe know that protecting our planet for ourselves and future generations requires the kind of bold leadership that Kamala Harris has demonstrated her whole life,โ€ they wrote. โ€œWe are proud to support her and be in the fight against climate change with her.โ€

Inslee, whose ambitious climate proposals duringย his 2020 presidential campaignย influencedย Bidenโ€™s climate policies, said Harris could help mobilize young voters, a crucial Democratic constituency.ย Polls showย that climate change is a top concern for young people, who are more likely than older generations to faceย raging wildfires,ย rising seasย and stronger storms in their lifetimes.

โ€œHer candidacy instantly lit an electric spark under young people across the country,โ€ Inslee said. โ€œThatโ€™s going to bode well for our fortunes.โ€

Kerry, who left the Biden administration in March, said in an interview that Harris was a โ€œterrific allyโ€ on climate policy. He noted that she was an early advocate of the United States reaching net-zero emissions by mid-century, and she delivered a forceful speech at theย U.N. Climate Change Conference in Dubaiย last fall.