Is There Water Left To Be Developed In The Colorado River Basin? — KUNC

Green River Basin

From KUNC (Luke Runyon):

Aaron Million styles himself as a western maverick. At a Fort Collins, Colorado coffee shop he’s dressed in a cowboy hat, denim, plaid, pulled together by a shiny belt buckle. During our conversation he quotes both Chuck Norris and the 1995 movie Braveheart. More than twice he referenced a six-shooter.

Million’s name is synonymous with a water pipeline he’s been pushing for almost a decade. On a wire cafe table, he unfurls a map and points out the features of his latest proposal.

With his finger Million traces the route of his new iteration, billed as a renewable energy project. It would start in Utah on the Green River, then snake across Wyoming before dropping down into Colorado’s populated Front Range, generating electricity as the water moves from one side of the Continental Divide to the other. Million says it would cost about a billion dollars to build.

“It’s a bigger project, but they get done every day,” he says. “I mean we built the Transcontinental Railroad last I remember.”

In 2012 the Federal Energy Regulatory Commission quashed a different water pipeline proposal from Million. He wanted to construct a 500-mile pipeline from Wyoming’s Flaming Gorge reservoir to Colorado’s Front Range. FERC regulators at the time said the proposal was incomplete.

“Keep in mind we’ve been in the saddle for a while,” Million says. “And you know we got knocked off pretty hard. I know people thought I was dragged to death, but I’m pretty tough, raised in the Utah desert.”

Both pipelines, old and new, take advantage of an historical fluke. The 1922 Colorado River Compact — which divvies up its water — was written when the river was flowing at a record high. But for the past 18 years, high temperatures, drought and overuse have sapped the river’s flow.

Aaron Million says that’s more of an Arizona, California and Nevada problem.

“People say there’s no water left in the system,” Million says. “Well, when California has drained, and Nevada and Arizona have drained the river and then cry foul because Lake Powell and Mead are low, again I’ll reiterate: Had they not their drained and over taken their share they’d be full by four or five times. Those are the facts. You can run the numbers.

Million says the river’s Upper Basin, which includes the states of Wyoming, Colorado, Utah and New Mexico, haven’t fully developed their share, while those in the Lower Basin have gone above and beyond what they’re entitled to. His pipeline is just one more plan among many to fully develop the river’s water, he says.

@Northern_Water turns dirt on Southern Water Supply Project

Southern Water Supply Project

From The Longmont Times-Call (Sam Lounsberry):

Work on the pipeline, known as phase two of the Southern Water Supply Project, is being overseen by Northern Water, which manages Carter Lake as part of the Colorado Big-Thompson Project.

Once complete, the pipeline will improve water quality and delivery reliability compared to the open, above-ground Boulder Feeder Canal that currently brings water from Carter Lake to Boulder Reservoir.

The new pipeline will pump 50 cubic feet per second of Colorado-Big Thompson and Windy Gap Project water, with Boulder receiving the bulk of the water among participants at the Boulder Reservoir Water Treatment plant, the pipeline’s terminus.

Boulder will receive 32 cubic feet per second and bear $32 million of the cost, according to city spokeswoman Gretchen King, while Left Hand Water District — which serves a 130-square-mile area between Longmont and Boulder — will receive 12 cubic feet per second and pay about $8 million for its share of the project…

Left Hand will have another $2 million of cost from the district’s addition of a hydroelectric generator at the intersection of the new Southern Water Supply pipeline and the entrance to the district’s Dodd Water Treatment Plant. The generator will produce enough power to satisfy about a third of the plant’s electricity need, according to district Manager Christopher Smith…

Berthoud and Longs Peak Water District — which serves Boulder and Weld County residents in an area north of Longmont — will each receive 3 cubic feet per second, but on Thursday officials from the town and district could not to provide their share of the costs of the remaining $4 million for the project.

Smith noted the pipeline, which has an estimated completion date of March 2020, will not only further protect water quality, but also will allow year-round water delivery to Left Hand Water District’s Dodd Water Treatment Plant…

“During some portions of the year the pipeline will act as the primary source of raw water for the participants in the project,” the Northern Water release states.

Currently, the Boulder Feeder Canal is offline from Oct. 31 to April 1 annually, Smith said. When the canal is down, so, too, is the Dodd Water Treatment Plant…

When the pipeline is complete, the Dodd Plant will be open year-round.

The first 12 miles of new pipeline, from Carter Lake to St. Vrain Road in Longmont, will parallel the existing Southern Water Supply Project pipeline, which was runs to Broomfield and was completed in 1999.

From St. Vrain Road, the new pipeline will continue south to the Boulder Reservoir Treatment Plant.

Some folks in SW #Kansas are pushing the “Great Canal of Kansas”

Kansas Aqueduct route via Circle of Blue

From the Kansas News Service. (Ben Kuebrich) via the Hillsboro Free Press:

Great Canal of Kansas

Clayton Scott also uses the latest water technology on his farm in Big Bow. Yet he said that just using water carefully won’t be enough.

He thinks any pumping limits severe enough to preserve the aquifer would dramatically cut back the region’s harvest. That would push up local grain prices, and without cheap grain, livestock feed yards would close, and meatpacking plants would follow.

At its core, the western Kansas economy is built on irrigation.

A 2015 study calculated that losses in irrigation could cost some 240,000 Kansans their jobs and wipe out $18.3 billion of yearly economic activity, or about 10 percent of the state economy.

Scott and others in the region have their eyes on a more drastic solution to the water problem. Kansas could invest in a 360-mile series of canals and pumping stations to bring in water from the Missouri River.

He knows it sounds extreme, but Arizona has already built a similarly sized aqueduct. The Central Arizona Project diverts water from the Colorado River and there’s been extensive research into building a similar canal across Kansas.

“Arizona looked at their situation and decided, ‘We have no other choice,’ ” Scott said. “They estimate almost a trillion dollars of benefit to the economy of Arizona.”

Arizona’s aqueduct has always been controversial. The federally funded canal remains at the center of multi-state disputes of water usage.

Experts say that a generation later, the legal and regulatory hurdles of building a long-distance canal through Kansas only look more daunting.

Water from the Colorado River is channeled through Arizona, much the way some people think it should be diverted from the Missouri River across Kansas.

Pricey pipeline

Still, Kansas and surrounding states have been considering aqueducts for a long time. A 1982 study came up with a plan to bring water from the Missouri River to a reservoir near Utica, Kansas, but nothing ever came of it. At the time, though, losing the Ogallala seemed like a distant prospect.

In 2011, while western Kansas was in a drought and farmers struggled to pump enough water to keep their crops alive, the Missouri River was flooding. Scott says that sparked renewed interest in a canal.

“It’s a long-term solution,” Scott said. “We can harvest the high flows of water off of the eastern rivers and bring them out here into the western High Plains, offset the droughts … and bring things into more of a balance.”

In 2015, the Kansas Water Office and the U.S. Army Corps of Engineers re-assessed that 1982 study. The agencies estimated that, depending on the capacity of the canal, it would now cost between $5 billion and $20 billion to build.

Because the water would have to be pumped uphill as it goes west, it could take more than $500 million a year in energy costs alone, for the largest-capacity canal. With interest costs from construction, the yearly tab could exceed $1.5 billion.

At the time, the head of the water office said, “this thing we studied is unlikely to happen.” The costs would simply run too steep.

A canal project would have other barriers. Although the Missouri river sometimes floods, it also experiences lows, and levels would have to be maintained to permit barge traffic. There would also be challenges displacing people in the path of the aqueduct. While a highway can be redirected to avoid a town, a canal’s path is more constrained by topography.

At the same time, environmental issues could come both from taking water from the Missouri and in the path of any aqueduct. Upstream and downstream states on the waterway already tangle over how to manage the water. An effort to siphon away water would further complicate the situation.

Scott knows the project would be massive, and massively controversial, but that’s why he’s talking about it now—before the Ogallala runs dry.

An uncertain future

At a conference in April, Kansas Secretary of Agricul­ture Jackie McClaskey said public support for an aqueduct is unlikely unless farmers show first that there’s no other way to water their crops.

“Until we can show people that we are utilizing every drop of water in the best way possible, no one outside of this region is going to invest in a water transfer project,” McClaskey said.

Clayton Scott says he isn’t looking for the rest of Kansas to bail out the farmers out west.

Scott imagines the canal would be a federal project, similar to Arizona’s aqueduct. Water users would repay the costs of construction and maintenance through a water use fee.

He also contends that an aqueduct could help a broader region.

Scott says an aqueduct could extend out to Colo­rado’s Front Range to supply booming cities such as Denver and Colorado Springs that draw water off of the dwindling Colorado River. If they drank from Kansas’ aqueduct instead, that would leave more water to trickle down the Colorado, which extends out into water-starved southern California.

A canal, advocates contend, could supply water at a fraction of the price that southern California farmers pay now and help alleviate shortages in that region.

Scott’s interest in water transfer is common in southwest Kansas but far from universal. For example, Roth isn’t convinced.

“It’s impractical and it’s one heck of a distraction,” Roth said. “Right now we need to concentrate on local conservation with what we do have, what we can do right now.”

Ray Luhman, Northwest Water district manager, thinks the state should consider all options, including channeling water across the state.

“The conversation needs to be had,” Luhman said. “But to, let’s say, mortgage your future on a project maybe 20 to 30 years from completion? We also need to look to something in the interim.”

Ben Kuebrich reports for High Plains Public Radio in Garden City and the Kansas News Service, a collaboration of KMUW, Kansas Public Radio, KCUR and HPPR covering health, education and politics.

Aaron Million’s proposed project and the #ColoradoRiver #COriver

The blues. On the Green River. Photo: Brent Gardner-Smith/Aspen Journalism

From Aspen Public Radio (Elizabeth Stewart-Severy):

“It’s a plumbing project,” Million said. “We’re just looking at a small piece of the surpluses to bring new water supplies over.”

But others say it isn’t so simple; it’s not clear that there actually is extra water. More than 30 protests have been filed with the Utah Division of Water Rights. Many of these come from organizations that think Million’s team is skirting some major issues.

“What you’re doing is putting everyone at great risk,” said Andy Mueller, executive director of the Colorado River District, which is tasked with safeguarding Colorado’s water supply. Much of that comes from the Colorado River Basin.

That’s a big, complex system that feeds 40 million people across seven states and part of Mexico. The Green River is part of that; it connects to the Colorado River in Utah. So when you pull water from the Green, it affects a delicate balance that has been in the works for nearly a century.

The Colorado River Compact

In 1922, seven states signed the Colorado River Compact, a legally binding agreement. The four upper basin states — Wyoming, Colorado, Utah and New Mexico — agreed to let a set amount of water flow downriver into the lower basin, comprised of Arizona, Nevada and California.

But it’s really dry in these states and climate change means there’s even less water in the river. So when new players like Million try to jump in the game, it adds some real tension.

In the worst-case scenario — a serious, long-term drought — the lower basin states can cash in on that agreement, the so-called compact call.

As Zane Kessler with the Colorado River District explained, we’ve never been through that before, but he thinks a proposal this big would push us closer to the edge.

“We don’t know what’s on the other side of that cliff, because we’ve never been through it,” Kessler said. “We do know that it could cause chaos on a number of different levels, and that’s the biggest concern for a lot of us.”

But Million isn’t too concerned about a compact call. He’s said basically it’s an empty threat, and he points blame for any shortages at the lower basin states, saying they use more than their share. Plus, he said, this water is needed right here in Colorado.

“We shouldn’t let the water go to the lower basin when we are faced with the impacts we are on the upper basin,” Million said.

The River District thinks he’s over-simplifying, because it’s actually not totally clear how much water Colorado has left to claim. Mueller explained that recent studies have shown the state is probably already using its full share.

“We think that we are at a point where we no longer have water to develop in the state of Colorado in the Colorado river system,” Mueller said.

He said the key to managing water in this complex system is working together; it’s what has worked so far.

“The entire river system is short of water, and we’re all watching this very careful balance,” he said. “That’s the biggest concern, I think, is that [Million is] going around this developed consensus in our state.”

The consensus surrounds all kinds of water users, concerning everything from how to conserve water in cities to how to protect fish. Bart Miller is with Western Resource Advocates, which opposes Million’s project on environmental grounds.

“The Green River is really a stronghold, has been a stronghold, for some of these endangered fish, and so it’s a place that I think a lot of folks are concerned about the impacts of a large quantity of water being taken out,” he said.

Plus, Miller said, it’s not clear how exactly the diverted water will be used and that breaks the anti-speculation rules in water law.

Million has said the water would be used for hydropower, irrigating agricultural lands and for municipal uses, like drinking water. But he hasn’t said specifically who would use it in those ways…

“There aren’t any identified users of the water,” he said. “And in both Utah and Colorado, speculation — developing water just so you can have it — is highly discouraged.”

That could set the foundation of a legal fight. For now, it’s up to the Utah Division of Water Rights to decide if the project moves forward.

#ColoradoRiver District voices opposition to Aaron Million’s latest transmountain diversion plan

Green River

From the Rio Blanco Water Conservation District via the Rio Blanco Herald Times:

Earlier this month the Colorado River District released a statement protesting the application for water rights filed by Water Horse Resources LLC, owned by Aaron Million.

The application for Utah water rights requests 55,000 acre feet of water from the Green River with two pump stations located five miles from the Colorado state line in Dagget County, Utah, on Bureau of Land Management land. The water would then run through a hydroelectric facility before being piped nearly 500 miles northeast into Wyoming and then south down the Colorado Front Range.

The river district’s letter of opposition cites a variety of reasons why the application should be denied, including the speculative nature of the application saying, “A fundamental precept of water use in Colorado (and, we believe, in Utah as well) is a strict prohibition on speculative claims of water. No specific beneficial use or need has been identified for the project other than a general reference to future water demands in Colorado.”

The district also raises concerns about the legal and practical nature of enforcing and accounting for a water right issued by the State of Utah but with great impact on Colorado water users. The letter states, “The proposed water right would exacerbate the supply problems currently faced in the Colorado River Basin, and would increase the need and cost of any Upper Basin demand management program.”

Another concern raised by both the river district and numerous environmental groups including the Center for Biological Diversity who have spoken against the application is the lack of environmental analysis.

In years prior Million has unsuccessfully attempted to obtain water rights that would allow him to pipe water from Flaming Gorge Reservoir to the Front Range. The Colorado River District opposed that application as well.

“This new application suffers from many of the same problems as his previous proposals but presents a number of new problems and interstate legal issues as well,” said Peter Fleming, General Counsel for the Colorado River District.

In a statement released last week Colorado River District General Manager Andy Mueller said, “Development of this resource in this manner would not only harm existing Western Slope water users but would impact the ability of the River District and the State of Colorado to plan for and develop future water resources as well.”

Thirty-two letters of protest have been filed against the project including letters from the Utah Board of Water Resources and Division of Water Resources who raise similar concerns to those mentioned by the Colorado River District.

In a press release issued last week Million stated, “Utah is initiating an identical project…The Lake Powell pipeline. Point of diversion in Arizona, water and hydroelectric power into Utah. We are watching that closely as they are still sorting out federal permitting responsibilities. The Upper Colorado River Compact is clear and allows the use of water from Utah or Wyoming into Colorado. Or vice versa. For the last 96 years the Upper Basin, which includes Colorado, Utah, Wyoming and New Mexico has over-delivered its’ Compact share. The issues on the Colorado are almost strictly a Lower Basin over-use issue, which includes California, Arizona and Nevada. Had the Lower Basin not drained the Lower Colorado River and over-utilized their water allocation, Lake Powell and Mead would be full by five times plus.”

The project, nicknamed Grasshopper by Water Horse, is estimated to cost $890 million. Tom Wood, Project Management team member stated, “The Green has numerous advantages. A huge river system, excellent water quality, and Flaming Gorge Reservoir that will double the State of Colorado’s storage availability. Additionally, all the global warming models are indicating the Green River will be wetter than average in the future, coupled with a later snowmelt than the Colorado River main stem. The Green River headwaters is located several hundred miles north of the Colorado River headwaters. This year is a classic reason that two hydrologically diverse basins, meaning the Colorado River and Green River, and their respective water supplies, should be managed collectively. The Upper Green is currently running 140 percent of average snowpack, the Colorado River main-stem is half that or less, at maybe 60 to 65 percent. It diversifies water supply management risk, which ties directly to alleviating ecosystem and environmental impacts.”

Rio Blanco Water Conservation District Manager Alden Vanden Brink is concerned about the project. “Focusing on the water resource needs in Northwest Colorado I intimately understand how water projects that are speculative in nature, as Mr. Million’s project is, include, intrastate concerns and potentially put water resour ces in Western Colorado at risk to Compact curtailment are certainly something that we need to pay close attention to,” he said.

Folks are lining up against the latest #GreenRiver to the Front Range water project from Aaron Million

Green River Basin

From The Craig Daily Press (Eleanor C. Hasenbeck):

Several organizations have filed formal protest against a water rights application filed in January, which proposes diverting water from the Green River in Utah over the Continental Divide to Colorado’s Front Range.

The application, filed by Aaron Million’s Water Horses LLC, calls for 55,000-acre-feet of water to be used in a hydroelectric power facility, likely in Wyoming, before becoming available for consumptive use and in-stream flows on the Front Range. It proposes two pump stations on Bureau of Land Management land about 5 miles west of the state line in Dagget County, Utah, just before the river takes its 41-mile turn into Moffat County.

It would take about 500 miles of pipeline to divert the water from Utah north and east into Wyoming and the Front Range.

The location of the hydroelectric facility “will be determined at a later date, following additional project design and engineering,” according to the application.

Thirty two formal letters of protest from 27 individuals and organizations were submitted to the Utah State Engineer. Protests came from a wide swath of organizations, including a labor union on Water Horse Resources’ project team, an energy company, several environmental nonprofits, private individuals and state and federal agencies. The public protest period on the project closed April 7.

Now, the Utah Division of Water Resources will make a decision on whether to grant the water right. Once the decision comes out, it could be appealed in court.

“It’s just a disagreeable idea to have water from this side of the mountain going over to the other side of the mountain for development purposes, maybe even speculative development purposes, at that,” said Terry Carwile, a Craig resident who sent a letter of protest on the project.

Million has filed applications for Green River water before. In 2012, the Federal Energy Regulatory Commission rejected Water Horse Resource’s application to divert 240,000 acre-feet of water from Wyoming’s Flaming Gorge reservoir to the Front Range…

The project would cost about $890 million, according to a news release from Water Horse Resources LLC. The company has nicknamed it the “Grasshopper Project,” a play on the pronunciation of an acronym of the project’s full name, Green Sun Storage Hydro Power.

“The Green has numerous advantages,” Water Horse Resource’s Tom Wood said in the news release. “A huge river system, excellent water quality, and Flaming Gorge Reservoir that will double the state of Colorado’s storage availability.”

In the news release, Million said that “surpluses out of the Green River can alleviate some issues on the Front Range and take pressure off the high mountain Colorado River headwaters, like the Blue and Fraser River.” Million thinks the project would help net flows on the Colorado River.

“The Green River is one of the remaining watersheds in the Colorado River Basin — specifically in Colorado – that isn’t completely allocated. The state and management/planning entities in the water community want to be able to plan appropriately for the future use of that water,” said Zane Kessler, a spokesperson for the Colorado River District, the organization that operates Elkhead Reservoir and is largely responsible for management of water in the Colorado River Basin.

“The application that we’re looking at now, filed by Mr. Million, would essentially usurp our ability to collectively plan for the appropriate development of the remaining and dwindling water resources that we have at our disposal,” he added.

Kessler said the Colorado River District is concerned the proposal could have far-reaching impacts. The district is worried the proposal could “push us over the cliff,” in meeting obligations to send water downstream under the Colorado River Compact. Should this project over-allocate water in the Upper Colorado River Basin, Colorado water users could be forced to reduce use.

“The risk is not only borne by users on the Green River,” Kessler said. “It’s users throughout the Colorado River basin and the state.”

In Utah, state officials are concerned about impacts to Green River users, as well as the state’s ability to manage for endangered fish. In a letter of protest filed by the Utah Board of Water Resources, officials also question whether the state of Colorado would count the diversion against Colorado’s allocation under the Colorado River Compact.

From The Grand Junction Daily Sentinel (Gary Harmon):

The Colorado River Water Conservation District is opposing a water developer’s plan to divert water from the Green River in Utah and pipe it to growing Front Range communities.

The River District formally opposed the proposal by Aaron Million and Water Horse Resources LLC for a Utah water right to divert 55,000 acre-feet of water annually from the Green River and pipe it to the fast-growing metro area.

Million’s proposal is similar to, but smaller, than a previous proposal to pump water out of Flaming Gorge Reservoir in Wyoming and pipe it across the Continental Divide.

The River District complained in a filing with the Utah Division of Water Rights that Million’s proposal was speculative in that he had failed to specify a use or need for the water and noted that he should first obtain a Colorado water right.

Million’s project also would adversely impact the ability of the state of Colorado, the River District and other public entities to plan for the development of Colorado’s share of Colorado River water, and so his application “would be detrimental to the public welfare.”

Million called it “unfortunate that they don’t take a broader view” of how to manage water in the arid West…

Under Interior Department estimates, about 500,000 acre-feet of water remain to be appropriated in the Colorado River system and his project could reduce stress on the headwaters of the Colorado River, Million said.

The River District’s objection to a Utah water right for the project also noted that Million had not demonstrated he could operate the plan in compliance with the Colorado water plan’s conceptual framework on transmountain diversions.

The current proposal, like Million’s last one, is predicated on the idea that Colorado has a right to water from the Green River because it takes a “41-mile dogleg” into Colorado after leaving Wyoming and heading into Utah.

The River District urged the Utah agency to reject Million’s request unless he can prove the project won’t “adversely impact existing water uses in the Upper Basin” of the river and that it would not be detrimental to the public welfare.

From The Grand Junction Daily Sentinel (Dennis Webb):

The Utah Board of Water Resources and Division of Water Resources say in their protest letter that the proposal is “very unusual,” and that it “requests a huge amount of water” — 76 cubic-feet per second or 55,000 acre-feet a year — “from Utah’s precious water resources, for some unknown use in Colorado.”

They say the water right application, “if granted, would allow Colorado to benefit from the development, economic opportunities, and public well-being benefits that accrue from water resources at Utah’s expense.”

Aaron Million, the Fort Collins man who filed the application through the company Water Horse Resources LLC, said the protest from the water board is standard, to provide standing in the water right case if any major concerns arise for the protesters in the future…

The Utah water resources board is appointed by Utah’s governor to develop and conserve the state’s water. The decision on Million’s water right proposal will be made by Utah’s state engineer, who heads the state’s Division of Water Rights.

Million is proposing piping the water east in Wyoming and then south into Colorado…

The river district filed a protest against Million’s new proposal. So did the U.S. Bureau of Reclamation, several conservation groups, and several local water conservancy districts and water users associations in Utah.

The Utah water resources board and division say in their letter that the current application “will have huge impacts in Utah,” affecting water supply and quality in the state even as its population is growing and its water needs are increasing, and impacting public recreation and the stream environment along the Green River.

They question the physical and economic feasibility of piping the water “over or around the Rocky Mountains” for use on the Front Range, and say the application was filed for speculative purposes.

“Nothing in the vague application outlines actual beneficial uses in Colorado. No contracts or other types of agreements are provided demonstrating that Colorado can beneficially use the water, or for what beneficial uses it would be employed,” the letter says.

Million says he had subscribed interest for 400,000 acre-feet of water for the previous project, and demand for water has gone up since then.

He estimates that the project could cost up to $1 billion, down from an estimated $2.8 billion for the previous one, and says a tripling in the cost of water on the Front Range helps make the project economic.

The Utah water resource officials, in their letter, also question what authorizations the project has from the state of Colorado to ensure the diversion would count against Colorado’s allocation under an interstate compact divvying up water among states in the Upper Colorado River Basin…

Million said other similar projects already exist in the Upper Colorado River Basin, and he noted that Utah is pursuing a project that would involve diverting water out of the Arizona portion of Lake Powell and piping it into Utah.

From the Center for Biological Diversity (Taylor McKinnon):

The Center for Biological Diversity filed a protest today with Utah’s state engineer challenging a water-rights application from Water Horse Resources to pump nearly 18 billion gallons of water each year from Utah’s Green River over the Rocky Mountains to Colorado’s Front Range.

The plan is the second attempt by would-be water developer Aaron Million to pump water from the Green River to the Front Range. Million’s first plan was rejected twice by the Federal Energy Regulatory Commission in 2012 following challenges by conservation groups and others.

“This is another private water-mining boondoggle that hurts everyone but water barons,” said the Center’s Taylor McKinnon. “It’s bad for people who depend on the Green River, it’s bad for endangered fish, and it’s bad for the state of Utah. We’ve given the state engineer a long list of reasons to reject this application and that’s exactly what he should do.”

Today’s protest states that the application violates state law by failing to identify beneficial uses of the water and by exacerbating water shortages. The withdrawal would overallocate water in the Green River, a tributary of the Colorado River, and add to climate-driven flow declines. The application is predicated on using Colorado’s apportionment under the Upper Colorado River Compact, but provides no evidence that Colorado has agreed, or will agree, to this.

The water withdrawals would occur below Flaming Gorge Dam in a part of the Green River that is critical to the recovery of Colorado pikeminnow and other endangered fish. The withdrawal would reduce river flows designed to help increase the fish population at a time when failure to meet recovery flows already imperils the fish. Drought is expected to cause low river flows throughout the Upper Colorado River Basin this year.

Download a copy of today’s protest.

Link to Utah Division of Water Rights website for the project via Aspen Journalism.

Aaron Million’s latest project met with skepticism in #Wyoming

The confluence of the Green and Yampa rivers in 2016. How much water reaches this point, bound for Lake Powell, has implications across the west and Colorado, and an ongoing water study might suggest how to manage water in a severe drought. Photo credit Brent Gardner-Smith.

From The Wyoming Business Report (MJ Clark):

Although Colorado has the right to develop its unused compact water, as does Wyoming, those involved in Wyoming water issues note that this project could result in major changes in how water is managed in the basin, since it changes how much water will be headed downstream from Flaming Gorge.

The first time was expected to divert 250,000 acre-feet of water, and to cost $3 billion. After working with the Army Corps of Engineers on the project for two years, the Corps cancelled Million’s application in July of 2011.

The second try

Million immediately tried again and proposed tapping into the Green River at two sites – one just three miles below the city of Green River, Wyoming and the other from the western edge of the Flaming Gorge reservoir. Although the amount of water he wanted was the same, this time, Million quoted the cost as between $7 billion and $9 billion because he was adding a hydropower component to the plan. Thanks to the hydropower aspect, this new project would be under the authority of the Federal Energy Regulatory Commission (FERC).

A Western Resource Advocates study on the second proposal predicted that not only would the water supplied by the pipeline cost up to ten times the price of water from other developments, it would also lower the level of the popular Flaming Gorge Reservoir by 10 feet – hurting fishing and tourist traffic in the Gorge, and river rafters along the Green and Colorado rivers by $58.5 million a year.

A coalition of more than 250 businesses from seven states; ten conservation groups and Sweetwater County and the City of Laramie fought the development, along with Wyoming Governor Matt Mead, who wrote a letter to FERC that said in part, “”This project would cut a vast swath across southern Wyoming, with the potential for huge impacts in many significant sectors of our economy and aspects of critical resources to Wyoming and Colorado.” Mead also objected to the 25,000 acre-feet of water per year belonging to Wyoming that Million was including in his proposed ‘take.’

When the FERC dismissed Million’s application as “premature” in February of 2012, Million was unfazed and told the Denver Post that, “The FERC dismissal has zero to do with us moving forward.”

The third time

In April of 2012, Million argued his case in a guest column for the Northern Colorado Business Report (at the time a sister paper to the Wyoming Business Report), claiming that less than 5 percent of the “massive Flaming Gorge Reservoir” would be pumped to Colorado’s Front Range annually. Meanwhile, it would help northern Colorado face its own water supply shortfalls.

“If it is environmentally sound, it should be permitted and built,” Million wrote in the column, seemingly addressing the myriad environmental groups voicing fervent opposition to the pipeline. “If not, then stick a fork in it. The truth of a full scientific and environmental evaluation may be hard for some in the environmental community to swallow, but the consequences of not allowing that evaluation to occur remain.”

As the Wyoming Business Report’s Mark Wilcox wrote at the time; “Aaron Million’s confidential business plan to annually pump about 81 billion gallons out of Flaming Gorge and the Green River that feeds it has been revealed to the Associated Press, and it is no small wonder he has not taken ‘no’ for an answer. The plan would bring in an estimated net profit of between $1.4 and $2.4 billion. And that’s after construction costs of somewhere between $2.8 billion and $3.2 billion. And end users of the water would pay up to $117 million in annual operating costs based on a ‘cost plus 20 percent’ business model with estimated operating costs of between $70 million and $90 million.”

Million was granted a FERC hearing on his third proposal on April 23, 2012. Then his proposal was was rejected. “FERC’s ruling doesn’t affect us from the standpoint of continuing to move forward,” Million told the Wyoming Business Report at the time in a phone interview. However, the FERC denied him a re-hearing.

“We are not persuaded by any of Wyco’s unsupported arguments that it should be issued a preliminary permit,” the commission said in its filing…

Is the fourth time a charm?

This January, Million was back with a new approach. This time, he started by petitioning Utah for the water rights. This approach – petitioning for water to export from Utah – was so unusual that the state didn’t even have a form to fill out for it.

Rob Harris, senior staff attorney at Western Resource Advocates (whose Wyoming ties include a grandfather from Basin) notes that the problem with petitioning for water rights as an individual is that “All three states have an anti-speculation doctrine in our water rights laws. [Million] doesn’t actually stand in the shoes of any actual Colorado water users. It’s really basic stuff he’s running up against – it’s why this has floundered in the past, and will continue to flounder until he’s made contractural arrangement with people who he’s going to supply water to.”

An examination of Million’s application with the state of Utah has the all eventual users of the water identified as “TBD.”

Harris points to a previous case in which water from the Arkansas Valley was eyed for the Front Range. “The court said ‘No way! You don’t have any contracts.’ It would be one thing if it were a city doing this, but this is just a guy trying to make money.”

In addition to the change at the start of the process, Million’s fourth try has a few key differences to the last ones. First, he’s moved the point of diversion 50 miles southeast into Utah, away from the Flaming Gorge Reservoir, which should be some relief to the Wyoming outdoor recreation industry – but less comfort to Colorado River rafters.

Second, he’s reduced the amount of water he wants to take each year from 250,000 acre-feet to 55,000 acre-feet. “It’s less water than last time,” Harris admits, “but it’s still a heck of a lot. You could run a pretty good-sized city on 55,000 acre-feet a year.”

Third, he’s changed the name of the company he’s operating from Wyoco Power and Water Inc. to Water Horse Resources LLC.

“I think he’ll point to the tons of growth in the Front Range, and that there is a gap between known [water] supplies and what’s needed to meet the expected population growth,” Harris said. “But if you look at the really big players in water on the Front Range (Denver Water, Colorado Springs, Aurora, Northern Water Conservency District), they’re all pursuing alternative sources [not tapping into the Green River]. They are emphasising creative ways to conserve and share the local water supply.”