Yuma: Sewer rates increase

From The Yuma Pioneer (Tony Rayl):

The council voted 5-1 in favor of the 33-percent sewer rate increase, raising the base charge from $12.50 per month to $16.60. Councilman Dan Baucke, who said he preferred a lower increase, cast the dissenting vote. Mayor Gene Seward, and councilmen Fred Raish, Ralph Ebert, Roc Rutledge and Shad Nau voted in favor. Councilman Sergio Sanchez, who initially introduced the increase, was absent due to having to work. The new rate is expected to generate $88,560 in new revenue. Possible uses include giving the Sewer Enterprise Fund’s reserves a needed boost, going toward the dewatering of the old sewer lagoons, and/or purchasing a new SCADA system, which controls the city’s water and sewer systems.

More wastewater coverage here.

South Fork of the Republican River restoration efforts update

From The Yuma Pioneer (Bethleen McCall-Griffiths):

The target area for restoration is southern Washington and Yuma counties, and northern Kit Carson County. In 2002 the YCPCD, USGS and the Tamarisk Coalition mapped the Russian Olive infestation on the North and South Fork of the Republican.

On the North Fork they found that approximately 351 acres were infested. The South Fork had roughly 2,900 acres. A grad student will monitor vegetation return rates and aquatic insects. A total of 283 acres were treated on the North Fork last year.

The YCPCD has developed a comprehensive restoration plan. The restoration steps planned for acreages enrolled to restore the river include planning, control work, bio-mass reduction, re-vegetation, long term monitoring and maintenance. Currently YCPCD has raised roughly $253,000 through grants and other sources. The district also has applications for more than $750,000 still pending. The current program, which is open for enrollment, covers 75 percent of the cost, and the landowner matches that with the remaining twenty-five percent.

More Republican River Basin coverage here and here.

Yuma: City council raises sewer rates

From The Yuma Pioneer (Tony Rayl):

The council went ahead and moved forward with the proposed sewer rate increase. Sanchez again offered a 33 percent increase, going from the current rate of $12.50 to $16.60. It would raise approximately $90,000 per year in new revenue. Ebert said the increase definitely is needed due to the new sewer truck and some other work that needs to be done. He made a motion to approve the first reading of the ordinance, including making it effective May 1. It was passed on a 6-1 vote with Seward voting against…

The council will have a public hearing regarding this proposed increase at its March 16 meeting, after which it will vote on the second reading of the ordinance.

More wastewater coverage here and here.

Republican River Water Conservation District board meeting recap

From the Yuma Pioneer (Tony Rayl):

Legal counsel David Robbins told the board that the three states — Colorado, Kansas and Nebraska — have reached a contract agreement with arbitrator Martha Pagel of Oregon. Colorado invoked the non-binding fasttrack arbitration last August after Kansas and Nebraska voted down the pipeline plan as presented. The initial timeline called for the arbitrator being chosen by September 16, the trial to be held February 1-5, with the arbitrator’s decision due by March 1. Robbins said there was no news yet on a revamped timeline. “We are more in a mode of a tugboat on an oceanliner, trying to nudge the three states along,” he said, noting the district itself had very little power in terms of forcing the states into action…

Robbins told the board that Colorado officials were meeting with their Nebraska counterparts this week in an effort to find out how to reach an agreement on the pipeline. Robbins and Dennis Montgomery, another member of the RRWCD’s legal team, were going to be involved with the meetings…

Later in last Thursday’s meeting, district engineer Jim Slattery reported that pipeline consultant GEI strongly recommends not do the prequalifying of potential contractors until ready to actually do the project. He added that GEI is receiving phone calls daily from contractors eager to get started, and the process is receiving interest from all over the country. That was when Robbins spoke up again, asking if the district should build before it is clear how much credit toward compact compliance Colorado will receive for the water it sends down the North Fork from the pipeline. (As it stands now, only 22 percent of the water that crossed the gage at the Nebraska state line would go toward compact compliance. However, when all is said and done, it is expected Colorado will receive 80 to 100 percent credit.) He noted that if the arbitration goes well, then Colorado will be in a stronger position to go forward with the pipeline…

Board President Dennis Coryell said last Thursday the district is just beginning to receiving the feedback, and hopes all ground water management districts and commissioners provide their opinion within the coming weeks.
(The district already has spent more than $40 million on purchasing the wells for the pipeline, from the Cure family. The wells are located approximately 10 miles or more north of Laird in extreme eastern Yuma County. However, there is another $15 million of the Colorado Water Conservation Board’s $60 million loan left to spend on construction of the pipeline.) Board members did relay some feedback they have received. Greg Larson said Byron Weathers of Colorado Corn, indicated the organization would prefer to wait for arbitration to run its course. Several others said their ground water districts are leaning toward waiting for the arbitrator’s decision, as well as other issues to be settled, such as the amount of credit Colorado will receive, the sub-basin test on the South Fork being pushed by Kansas. (The state is fighting the idea of water being sent down the North Fork counting for the water the compact states Colorado should be sending down the South Fork.)

More Republican River Basin coverage here and here.

Republican River Basin: Colorado State Attorney General’s office steps in to force Republican River compliance arbitrator decision

From The Yuma Pioneer (Tony Rayl):

Due to delays in Colorado, Kansas and Nebraska choosing an arbitrator, and additional delays by Nebraska insisting on an in-person interview with the finalists before they could agree on an arbitrator, Peter Ampe of the Colorado Attorney General’s Office, invoked section VII.C.2 of the Final Settlement Stipulation and requested CDR Associates of Boulder, Colorado, to select the arbitrator. Three CDR staff members reviewed the resumes, two that have worked on Republican River issues, and one independent reviewer. All concurred with a recommendation that Martha Pagel should be the arbitrator for Republican River Compact issues. Her experience with groundwater, as former Director of the Oregon Water Resources Department and background as a lawyer and making decisions on technical groundwater issues, qualify her for the position.

Colorado State Engineer Dick Wolfe told the Pioneer earlier this week that the states are close to getting Pagel under contract. Once on the job, she and the states will determine any appropriate modifications to the schedule. “At this time, we do not know the extent the timeline will be affected,” Wolfe said. According to a bio of Pagel found at the web site of the lawfirm Schwabe, Williamson & Wyatt, she is a recognized regional leader in water law and natural resources. She has been named by her peers as an Oregon “Super Lawyer” based on her experience and accomplishments. She is a frequent speaker on water law, natural resources, watershed management and alternative dispute resolution. She also has written several articles about water laws and rights.

Meanwhile…

The Republican River Water Conservation District is holding its regular quarterly meeting Thursday, January 14, at the Burlington Community and Education Center, 340 S. 14th. It is set for 10 a.m. to 4 p.m. Among the agenda items is discussing and receiving input from the public regarding construction of the compact compliance pipeline. The district is seeking input on whether or not to proceed with construction before the pipeline actually receives approval from the Republican River Compact Administration. Kansas and Nebraska each have issues that have been difficult to resolve. Regular public comment is set for 1 p.m. The board is scheduled to vote on authorizing change of use for North Fork surface water rights under lease from the Yuma County Water Authority. It also will discuss applying for change of use on water rights purchased on the South Fork, among other items. Assistant State Conservationist Tim Carney will make a presentation. For further information, please contact RRWCD General Manager Stan Murphy at 332-3553, e-mail at rrwcd@centurytel.net, or visit the web site at http://www.republicanriver.com.

More Republican River Basin coverage here and here.

Republican River Basin: Yuma County Water Authority still in the hunt for North Fork surface water rights

From The Yuma Pioneer (Tony Rayl):

The YCWA Board voted at its December meeting, last week, to move ahead with purchasing the water rights of the Curt Soehner family on the Laird Ditch. YCWA Board member Robin Wiley said the district has been able to put aside enough money since voters approved its formation in November 2008, to purchase the last few rights on the North Fork. He said a total of five letters were sent out to owners of senior surface water rights to see if they were interested in selling those rights. The YCWA has heard back from a few of them, but so far Soehner has been the only one willing to pursue selling the senior rights. Wiley said the amount being offered to the Soehners is about two-thirds of what those involved in the original lawsuit received. Soehner was the only senior water rights holder on the Laird Ditch that was not involved in the lawsuit…

The lawsuit, which threatened to shut down all high-capacity wells within 20 miles of the North Fork and its tributaries — all of it located in Yuma County — led to the formation of the YCWA and the $20 million purchase of senior water rights from owners of the Laird Ditch and the Pioneer Ditch Company. The formation of the YCWA and a $15 million expenditure toward the senior surface water rights were approved by Yuma County voters. (The remaining $5 million came from a 20-year lease of those rights by the Republican River Water Conservation District.)

More Republican River Basin coverage here and here.

Republican River Water Conservation Board of Directors meeting recap

From The Yuma Pioneer (Tony Rayl):

The day included presentations on the Colorado Ground Water Management Act, the history and development of Colorado Ground Water Commission rules, distinct rules by ground water management districts, and the new mandatory water metering. And that was just in the morning. Then came the afternoon, featuring a compact accounting update by RRWCD engineer Jim Slattery, State Engineer Dick Wolfe and Assistant State Engineer Mike Sullivan giving an update on getting approval for the proposed pipeline by the Republican River Compact Administration, and RRWCD leaders explaining the district’s current stance in continuing with the pipeline, and why they have done what they have to date.

Colorado invoked fast-track arbitration with fellow compact states Kansas and Nebraska after the RRCA rejected the pipeline on a 1-2 vote last August. It was the second time the RRCA, which consists of the state engineer from each state, rejected Colorado’s proposed pipeline, the first vote coming last April. Wolfe reported Monday that the state still had not selected an arbitrator, which was supposed to have been done two months ago. He later explained Kansas did not want to keep the arbitrator that decided another fast-track arbitration case earlier this year between Kansas and Nebraska. Wolfe said the new finalists all were expensive, particularly with all the states going through budget crunches, and Nebraska wanted to interview all of the finalists in person. He said he had hoped to announce the arbitrator Monday because Nebraska was done with the interviews. However, he had not heard on a final selection before coming to Yuma. When asked about sticking to the fast-track arbitration deadline, Wolfe said Colorado could force the other states to stick to the timeline with the hearings in February, and a final decision in March. However, he left the door open for Colorado allowing a slight extension…

Wolfe revisited the many concerns held by either Kansas or Nebraska in regards to the pipeline. Those include worries Colorado would pump too much one year and then not pump any water into the North Fork in following years, groundwater depletions by the use of the pipeline, the impact depletions could have on the Haigler Ditch in Nebraska, and Kansas’ continued assertion that Colorado must satisfy the South Fork obligations by pumping water into the South Fork, rather than satisfying that by pumping all of the water into the North Fork. Kansas has expressed its wishes that Colorado would extend the pipeline about 15 miles further south to pump water into a South Fork tributary. David Barfield from Kansas has told Colorado his state in theory supports the pipeline, but issues need to be resolved. There is a concern from Colorado’s end about the compact model dictating that groundwater depletions by the pipeline could result in Colorado receiving up to 20 percent less credit. Wolfe said the situation comes down to Kansas and Nebraska being worried they would lose all leverage in future negotiations if they approved the pipeline — even though Colorado has added provisions stating the other two can still seek compensation for past damages, as well as Colorado being obligated to any potential ruling on the sub-basin test…

David Robbins, legal counsel for the RRWCD, said Monday that when the district was formed earlier this decade, the understanding that removing about 30,000 acres from production would about do it in regards to Colorado coming into compliance, with Mother Nature taking care of the rest. With that in mind, the district immediately began working toward CREP and EQIP programs, which pay producers to turn off their wells — CREP for permanent retirement and EQIP temporary turnoffs of a certain amount of years. Robbins said all along Colorado knew it would eventually have to build a pipeline at some time in the future. However, he said that by 2007 it was clear the well retirements alone would not be enough, and the pipeline needed to be done sooner rather than later. Robbins explained why the RRWCD went ahead with purchasing the water rights earlier this year from the Cure family. The water rights are to 62 wells north of Laird, where a pipeline will be built to discharge the water into the North Fork within a half-mile of the Colorado-Nebraska state line…

He said there are a lot of problems with Kansas’ proposal of extending the pipeline to the South Fork. It would entail putting water into a dry creek bed, where it would then have to travel more than 40 miles getting to the gage in Benkleman…

Slattery, during his presentation, explained the importance of draining Bonny Reservoir to help Colorado come into compliance. It would be eliminate 3,300 acre feet per year currently counted against Colorado due to evaporation and seepage from the reservoir’s water. The figure used to be higher, but the reservoir is now being kept around 10,000 acre feet. In fact, Wolfe said he ordered the release of water from the reservoir again earlier this month, sending water down the South Fork, while also keeping Bonny’s level down. The state engineer said there are a lot of issues surrounding the Bonny situation that have to be worked out with a variety of agencies before it could ever be drained. He said he feels is getting close in coming months to getting all those issues settled…

Slattery’s presentations, letters from Kansas and Nebraska concerning the proposed pipeline, Colorado’s proposed resolutions and other important information concerning the pipeline and Republican River Compact, can be found at www.republicanriver.com.

Republican River Basin: Senator Bennet and Representative Markey broker a deal to expand the CREP program in Washington and Lincoln counties

From the High Plains Journal:

The agreement allows the U.S. Department of Agriculture to increase enrollment in the Conservation Reserve Enhancement Program from 35,000 to 70,000 acres and add areas of Washington and Lincoln counties. CREP allows water rights to be permanently retired: the once-irrigated farmland must be put into a grass habitat for 15 years, after which it may be used for grazing or dry land farming. “This will take acres out of production, yet it shows producers will do their part to help rural Colorado as a whole, not just themselves,” said Greg Larson of Haxtun. Larson is a farmer, vice president of the Republican River Conservation District, and secretary-treasurer of Colorado Corn Growers Association. “We are helping to preserve the aquifer and the basin, overall.”

Republican River Water Conservation District meeting November 18-19

From The Holyoke Enterprise:

The Board of Directors of the Republican River Water Conservation District will be holding a special meeting in Greeley on Nov. 18-19. Times are 1-5 p.m. on Nov. 18 and 8 a.m. to 4 p.m. on Nov. 19. The agenda includes a report from the District’s General Manager; reports from Colorado Rural Development, Farm Service Agency, and Natural Resource Conservation Service; updates on the CREP and AWEP programs; reports from the District’s lobbyists on legislative issues; presentation by the District’s engineer on the status of the Compact Compliance Pipeline project; report from Mike Sullivan, Assistant State Engineer, on the status of RRCA pipeline approval; report from the District’s legal counsel; and District staff performance review; presentation by the Colorado Division of Local Affairs, and Board discussion and action items, including whether to proceed with construction of the Compact Compliance Pipeline in 2010. Public comment will be held at 4:45 p.m. on Nov. 18. The RRWCD Board of Directors will hold an executive session to discuss personnel issues and water supply agreements, determine positions and instruct negotiators, and receive legal advice on legal questions related to such agreements, compact compliance, the Compact compliance pipeline. The meeting will take place at the Greeley Guest House.

For further information concerning the details of this meeting, contact Stan Murphy, General Manager Republican River Water Conservation District at 970-332-3552.

More Republican River Basin coverage here and here.

Bonny Reservoir update

From the Yuma Pioneer (Tony Rayl):

The Colorado Agriculture Preservation Association (CAPA), Colorado Association of Conservation Districts (CACD) and Republican River Riparian Restoration Partnership recently hosted a meeting at Bonny Reservoir for legislators and agency personnel, with more than 50 attending. The focus of the meeting was to identify issues that are negatively impacting stream flow and ways that key partners would be able to assist with restoring a healthy riparian habitat leading to an increase in stream flow…

One of the major issues affecting the maintenance and upkeep of Bonny is the confusion about boundaries and responsibilities of all involved agencies, including Bureau of Reclamation, State of Colorado, Division of Wildlife, Parks and Recreation, and Army Corps of Engineers…

At the end of the meeting several things were agreed upon. Most importantly that a land management conservation plan should be developed for the riparian area so that agencies and organizations know how the land should be managed and can work together to create a healthier river system. Over the next few months individual meetings with involved agencies and legislators will be held and the groups that hosted the meeting will develop the land management plan no later than January 1, 2010. After the plan is fully developed the agencies and organizations will be able to begin developing grant applications for funding to restore the river and wetlands.

More Republican River Basin coverage here and here.

Republican River Basin compliance pipeline update

From the Yuma Pioneer (Tonay Rayl):

The proposed pipeline, and several issues surrounding it, were addressed during the Republican River Water Conservation District Board of Directors’ regular quarterly meeting, last Thursday in Wray.

Attorney Dennis Montgomery gave an update on the arbitration process. He noted the selection of an arbitrator already is several weeks behind schedule but still expected the process to be completed by spring 2010.

The initial time frame was for Colorado, Nebraska and Kansas to have an arbitrator selected by September 16. However, it has not been done yet. Montgomery said five potential arbitrators are being interviewed by a mediator.

He noted Nebraska also is requesting arbitration on an issue it has with credits, arguing that paying for a shortage to Kansas should be wiped clean from the rolling average. He said this issue could be combined with the pipeline to go before the arbitrator.

Montgomery was asked what could happen if arbitration fails. The pipeline approval could be taken back before the Republican River Compact Administration again. If denied again, he was asked what Colorado would do. It could file a lawsuit or push it forward before the U.S. Supreme Court…

Nate Midcap spoke to the board about concerns in regards to what credit Colorado will receive for the water delivered by the proposed pipeline.

Midcap is the manager for four local ground water management districts, including the Sand Hills District, where the pipeline would be located. It is the Sand Hills board of directors that will have to have a hearing on whether to allow the exporting of water for the pipeline.

He said the state engineer said in a recent meeting that the pipeline water might receive only 80 percent credit for beneficial use. He noted the Sand Hills is a small board, and he did not want it burdened with the decision without a clear statement of beneficial use from the RRWCD. He said he wanted the RRWCD to push for 100-percent credit, and that the state engineer said he would push for 100-percent credit.

Midcap noted the more beneficial use credited to Colorado, the easier the board’s decision will be.

Montgomery said the district also would like to have a beneficial use statement, but probably will not have it until the end of arbitration.

“Our goal was to receive 100 percent credit minus the depletion factor, (which makes for a net of around 97 percent),” Board President Dennis Coryell said, adding the district’s goal still is 100 percent. “How it’s computed in the model is going to be the struggle for the states.”

More Republican River Basin coverage here and here.

Republican River Restoration Partnership, Colorado Association of Conservation Districts and Colorado Agriculture Preservation Association meeting recap

From the McCook Daily Gazette:

The agenda included a tour of the reservoir and upstream lands as well as a facilitated work session. The goal of the meeting was to raise awareness of the issues surrounding Bonny Reservoir including the potential impact it can have on the Republican River Basin Community. The Republican River Restoration Partnership began as a project of Southwest Nebraska RC&D. The RRRP works to positively effect management of the riparian area of the Republican River and its tributaries in Colorado, Kansas and Nebraska. Their goals are to foster cooperation between three states to develop a regional plan for the watershed, to increase economic development throughout the area, increase the quantity and quality of water within the watershed and increase educational opportunities in regard to water quantity and quality.

More Republican River Basin coverage here and here.

Republican River Compact: Timeline for arbitration in dispute between Colorado, Kansas and Nebraska

From the Yuma Pioneer (Tony Rayl):

he time frame shows Wednesday, September 16, as the last date for the states to meet and agree on an arbitrator (or arbitrators). Dick Wolfe, state engineer for Colorado, reported late last week that an arbitrator had not been selected yet, meaning the states likely will take it to the deadline. While the arbitration is classified as “fast track” it still will be more than five months before an arbitrator issues a decision, which, on the time frame supplied by Wolfe, is March 1, 2010. The fall and early winter will be the “discovery period,” such as submitting bries and responses to those briefs on legal issues, as well as disclosing experts, witness lists, expert reports and exhibits. The trial itself is set for February 1-5, 2010. A location has not been set yet. However, in his notice to his counterparts in Kansas (David Barfield) and Nebraska (Brian Dunnigan) that Colorado was invoking arbitration in regards to the pipeline issue, Wolfe again reiterated his desire to keep working with the other states to reach a mutually acceptable resolution.

More Republican River Basin coverage here and here.

Republican River Basin: Arbitration next for dispute between Colorado, Kansas and Nebraska

From the Yuma Pioneer (Tony Rayl):

According to Janelle Myotte of Quality Irrigation, who attended the RRCA meeting, Commissioner Dunningan of Nebraska and Commissioner Barfield of Kansas both voted NO on the approval of the pipeline. Commissioner Wolfe of Colorado voted YES. Nebraska stated that they had concerns over the proper accounting procedures, this is the reason why they are not approving the pipeline. Kansas stated that they have not had enough time to review the resolutions presented by Colorado on their issues regarding the pipeline. Colorado is filing for arbitration on this matter.

More Republican River Basin coverage here.

Republican River Basin: Still no settlement between Colorado, Kansas and Nebraska

From the Kearney Hub (Leslie Reed):

David Barfield, Kansas water czar, said his state continues to assess whether to take the long-running dispute to the U.S. Supreme Court. “Obviously there’s substantial distance between the states on these issues, particularly with Nebraska’s future consumption,” Barfield said in an interview following the meeting. “You can expect Kansas to pursue this matter until we’re satisfied.”

It was the first meeting of the Republican River Compact Administration – the top water officials from each of the states that share in the basin – since an arbitrator made a nonbinding ruling last month that Nebraska irrigators need to reduce pumping in the basin to allow more water to flow to Kansas. The arbitrator also concluded that Kansas so far has established only nominal monetary losses as a result of Nebraska irrigators overusing their share of water during the drought years of 2005 and 2006. Although the states remain at odds, there was little saber-rattling at the meeting. Each official made a point of acknowledging the other states’ work on the issue.

Plentiful rain in the past two years has brought Nebraska back into compliance with the Republican River agreement, but Barfield warned that Nebraska would quickly fall out of compliance should the weather turn dry.

More Republican River Basin coverage here and here.

Republican River Basin: Kansas and Nebraska respond to arbitrators ruling in Republican River spat

From the Omaha World Herald (David Hendee):

Kansas Attorney General Steve Six said Nebraska’s overuse of Republican River water is unacceptable.

Nebraska Attorney General Jon Bruning said he remains hopeful that despite differences with “our neighbors, this matter can be settled outside of court.”

Both states accepted some parts of the decision and rejected others.

Nebraska agreed that it owed Kansas a token $10,000 in damages for farmer’s overuse of Republican River water in 2005 and 2006. Kansas once claimed $72 million in damages.

Kansas rejected the arbitrator’s recommendations limiting damages, on a proposed remedy and that sanctions must await additional violations by Nebraska.

Kansas accepted the arbitrator’s statement that Nebraska’s attempts to comply are inadequate and that Nebraska should further reduce the amount of groundwater farmers pump to irrigate crops.

Nebraska rejected the arbitrator’s recommendation that Nebraska and the Upper, Middle and Lower Republican Natural Resources Districts should make deeper cutbacks in the amount of groundwater pumped.

And Nebraska rejected the idea that a federal river master should take control of water use in the Republican valley.

More Coyote Gulch Republican River Basin coverage here.

Republican River Basin: Colorado will ask for vote on compliance pipeline at annual meeting of the Republican River Compact Administration August 11-12

From The Yuma Pioneer (Tony Rayl):

RRCA’s annual meeting will be August 11-12 in Lincoln, Nebraska. If the pipeline is voted down, Colorado will begin the arbitration process. Colorado, Nebraska and Kansas have been holding closed door negotiations on the pipeline for months. Colorado called for a special meeting in late April, at which point Kansas and Nebraska each indicated there still were issues to resolve. That meeting was continued, and negotiations have done the same. [Peter Ampe with the Colorado Attorney General’s Office] told the RRWCD Board that Colorado has a revised proposal before the RRCA.

The RRWCD is not privy to the details due to confidentiality rules.

More Coyote Gulch coverage here and here.

Republican River Basin: Republican River Compact compliance update

From the Yuma Pioneer:

The decision is nonbinding, as is all abritration between the three compact states, which includes Colorado, so the battle possibly will continue in court. In a decision released last Tuesday, June 30, arbitrator Ken Dreher ruled Nebraska will not have to shut down wells as Kansas sought, but did deem Nebraska’s future plans for compliance to be insufficient.

Here’s the link to the final decision from the Republican River Water Conservation District website.

More Coyote Gulch coverage here.

Republican River Basin: Arbitrator issues ruling

From the Denver Business Journal:

Arbitrator Karl Dreher has been looking at issues in the fight between Colorado, Kansas and Nebraska for eight months. He issued his non-binding decision Tuesday, although the states have 30 days to review the decision and decide if they want to appeal the case to the U.S. Supreme Court.

Colorado officials haven’t decided if they’ll accept the decision, but state Engineer Dick Wolfe is “generally pleased” with the ruling, according to the attorney general’s office…

Dreher did side with one of Nebraska’s issues, which will result in “a very small increase” in the amount of water Colorado needs to put in the river as it flows out of the state, the announcement said.

More Coyote Gulch coverage here and here.

Republican River Water Conservation District closes on compliance water pipeline groundwater rights

From the Yuma Pioneer (Tony Rayl):

The Republican River Water Conservation District Water Activity Enterprise completed the purchase of ground water rights for the Compact Compliance Pipeline on Friday, June 19, using funds provided from the Colorado Water Conservation Board’s construction loan fund. The ground water rights will be leased back to the sellers until the water is needed for delivery through the pipeline. Although the Republican River Compact Administration has not yet approved a plan for augmentation and accounting procedures for the pipeline project, the RRWCD Board of Directors concluded that completing the purchase was prudent in light of the State of Colorado’s current budget situation.

More Coyote Gulch coverage here and here.

Bonny Reservoir update

From the Yuma Pioneer (Tony Rayl):

A release of water from Bonny Reservoir that began June 17 will continue until 5 p.m. on Sunday, June 28. Healthy rainfall in the area led to State Engineer Dick Wolfe to order a maximum release of inflow water. According to information from Wolfe, the reason for requesting this final level is to recognize there will be a continued net increase in reservoir storage once the release is stopped, for at least the next several days. It is estimated that the net increase in storage will be approximately 15 to 20 acre feet per day once the release is stopped, meaning water flowing into the reservoir will make up for the water being released, maintaining a certain level in the reservoir.

More Coyote Gulch coverage here and here.

Republican River Compact: River referee report due June 30

From the Nebraska Journal-Star:

The deadline for a Republican River referee’s report on a water dispute between Kansas and Nebraska has been extended to June 30. The two states are trying to use the report on nonbinding arbitration to resolve Kansas’ claim of more than $70 million in damages. That’s Kansas’ estimate of the damages Nebraska caused by using more than its share of water for irrigation over a period of several years and violating the terms of the Republican River Compact. Brian Dunnigan, director of the Nebraska Department of Natural Resources, said the word from Colorado-based water expert Karl Dreher is that he will need only one extension of the original June 17 deadline. “So we think we’re going to hear on June 30,” Dunnigan said. After that, the states will have until July 30 to decide how to respond to the arbitrator’s decision.

More Coyote Gulch coverage here and here.

Republican River Water Conservation District $49.1 million purchase of groundwater rights may close soon

The RRWCD is trying to save a little groundwater pumping by buying up wells and pumping their output to the Nebraska border. Nebraska and Kansas so far haven’t agreed that the pipeline will make the river whole. Here’s a report from Tony Rayl writing for the Yuma Pioneer. From the article:

The groundwater, representing about 50 wells, will be used for the proposed compact compliance pipeline, if Colorado can get approval from Kansas and Nebraska through the Republican River Compact Administration (RRCA).

Meanwhile, State Engineer Dick Wolfe has stated the continuation of the Special RRCA Meeting that began in May has not been scheduled yet as the three states are continuing settlement negotiations in regards to Colorado’s proposed compact compliance pipeline. Wolfe, in an e-mail to the Pioneer, reported the hope is to set the date soon. However, he added Colorado did not want to set the continuation until the state knows it has a deal with Nebraska and Kansas, or that it is determined the states definitely are at an impasse. At that point, a final vote would be needed to initiate the arbitration process.

More Coyote Gulch coverage here and here.

Republican River Water Conservation District Board of Directors approve purchase and sale of groundwater rights for compliance pipeline

Here’s a release from the RRWCD via The Yuma Pioneer:

On Monday, May 18, the Republican River Water Conservation District Board of Directors voted to authorize closing on the $49.1 million purchase and sale of the groundwater rights for the Republican River Compact Compliance Pipeline.

The decision came even though the Republican River Compact Administration has not yet approved the augmentation plan and accounting procedures for the pipeline project.

After questioning Deputy State Engineer Mike Sullivan at length and taking comments from the public, the RRWCD Board of Directors voted to authorize the closing because of concern that the $60 million loan funds from the Colorado Water Conservation Board may not be available in the future due to the state’s current budget situation.

The board recognized that Colorado is exceeding its statewide Compact allocations and that the pipeline project is needed to avoid an action by Nebraska or Kansas for an injunction against Colorado to halt well pumping in the district until Colorado is in compliance with its compact allocations.

The RRWCD Board also recognized that Kansas believes that Colorado is impairing Kansas’ ability to use its South Fork sub-basin allocation within the South Fork sub-basin. The RRWCD Board has requested assurances from the State of Colorado that if the board goes forward with the pipeline project, Colorado will drain Bonny Reservoir or take other actions equivalent to draining Bonny Reservoir if Kansas is correct regarding its interpretation of the Final Settlement Stipulation between the states.

Although the State of Colorado has not provided the assurances sought by the board, the board concluded that the only feasible way to comply with Kansas’ view of the sub-basin non-impairment requirement in the South Fork sub-basin is to drain Bonny Reservoir.

The State of Colorado is continuing negotiations with Nebraska and Kansas in an effort to get the Republican River Compact Administration’s approval of the augmentation plan and accounting procedures for the pipeline project. If the negotiations are not successful, the State of Colorado will pursue the dispute resolution process established in the Final Settlement Stipulation, which includes non-binding arbitration of disputes.

For more information, contact Stan Murphy at the RRWCD office, 410 Main Street, Ste 8, in Wray, call 332-3552, or email rrwcd@centurytel.net.

More Coyote Gulch coverage here and here.

Republican River Basin: Special RRWCD board meeting recap

Here’s a recap of the special board meeting held on Monday for the Republican River Water Conservation District, from Tony Rayl writing for the Yuma Pioneer. From the article:

Mike Sullivan, who was promoted to deputy state engineer last October, was in attendance at the special meeting, held at the Church of the Nazarene. He told the board the state has revamped a settlement agreement that is hopefully agreeable to all three states. Colorado’s leaders are having a private meeting with counterparts from Kansas and Nebraska today, May 21. He said Colorado will see if the other two states will accept what’s being offered. It possibly will be decided then when to continue the Republican River Compact Administration meeting that was continued from April 28, when Kansas and Nebraska representatives both stated they would continue to vote against the compact compliance pipeline due to issues the states cannot agree on. Sullivan said he feels good about a settlement eventually being reached, because Kansas and Nebraska cannot be unreasonable in their opposition to Colorado’s plans for coming into compliance with the Republican River Compact. A sticking point in Kansas approving the pipeline is the claim Colorado does not pass the “sub-basin” test on the South Fork of the Republican, and that a pipeline sending water into the North Fork will not satisfy the South Fork issue…

The RRWCD has taken the stance it will not move forward with the pipeline if the South Fork still remains a problem. Plus, there is the fact irrigated farmers along the South Fork are paying the same assessment fee as everyone else to pay for the pipeline, but could end up having their wells curtailed because of the sub-basin issue. If the wells in the South Fork sub-basin are shut down, which account for approximately one-half of Colorado’s wells in the Republican River Basin, that means the remaining well users will have to take on an even greater burden of paying for the pipeline project…

District engineer Jim Slattery said Monday draining Bonny is the only way to come into compliance on the South Fork — if Kansas is right in its assertion that the South Fork shortfall cannot be made up by the North Fork pipeline. Even, it would take years before Colorado would be in compliance on the South Fork. Sullivan said draining Bonny would help with the sub-basin test, but not on overall compliance. Board member Jack Dowell of Yuma told Sullivan that the state could recoup the revenue it loses from Bonny from other sources in the state, but that the farmers and communities in the region would be left high and dry with no chance to recoup losses if the wells are shut down so Bonny can remain open. Sullivan noted loans and grants have been used for work done at Bonny, and the state needs to make sure it does not hinder future efforts to receive federal funds before closing down Bonny…

Board President Dennis Coryell expressed frustrations that the RRWCD’s pipeline project has been delayed by nearly one year now because of the South Fork issue. Meanwhile, all irrigators are paying the new $14.50 per acre assessment fee for a pipeline that is not being built. He also noted the people in the basin are not getting much information from the state regarding the pipeline negotiations. He urged the state be as transparent as possible in the process so the locals can be informed…

Other discussion included options besides draining Bonny Reservoir. Sullivan said the only other is the “nuclear” option — shutting down all wells. (It has been shown even doing that would not get Colorado into compliance.) Reopening the compact also was brought up. Sullivan said doing so would mean it would have to be open to all parties, meaning even more entities could step in asking for a portion of the water. RRWCD legal counsel David Robbins said Colorado getting more water out of a renegotiated compact would mean convincing Kansas and Nebraska to give up water. He said Colorado would run the fundamental risk of ending up with even less water because the upstream states already are using all they are entitled to, and could very well seek more water out of a new compact…

Coryell noted that in an ag-driven economy, issues at Bonny Reservoir do not speak loudly. “It is not going to be a pretty thing if the South Fork wells are curtailed in order to keep open a facility that has seen its better days,” he said.

More Coyote Gulch coverage here and here.

Bonny Reservoir: Test release of 900 acre-feet

From the Yuma Pioneer (Tony Rayl):

[State Engineer Dick] Wolfe ordered the release on May 4, and then ordered it stopped on May 11. About 900 acre feet was released during that time into the South Fork of the Republican River. The board was told at its regular meeting in April that there was an extra 3,992 acre feet of storage in Bonny. Therefore, many were left scratching their heads last week when the release was stopped while there was 3,000 acre feet left to drain. “We wanted to see what kind of response we got out of that (initial release),” Wolfe said. He explained the state did not want to release all the extra water only to find out it was not reaching the gage at Benkelman. It turns out that it was. In fact, approximately 50 percent of the released water was reaching Benkleman, which Wolfe said was very good…

Wolfe said it takes about two weeks to fully measure the impact the release is having a the gage. He said his office will meet with the Bureau of Reclamation on June 3 to evaluate the May 4-11 release and then decide when and if to release more of the “out of priority” water in Bonny…

He said the state could, conceivably, be in compliance with the Republican River Compact if the water released from Bonny keeps getting to Benkelman. However, he said there are a lot of factors to consider, noting that if Colorado experiences a wet year, the extra storage in Bonny would not be needed, and a lot of people would be questioning why the water was released. As for the RRWCD’s call to drain Bonny, Wolfe said “There are a lot of issues on the table to decide what to do long-term with Bonny.”

More Coyote Gulch coverage here and here.

Republican River Water Conservation District board meeting May 18

From the Yuma Pioneer (Tony Rayl):

The Republican River Water Conservation District Board of Directors will hold a special meeting in Yuma, Monday, May 18. Discussion will include the status of the compact compliance pipeline, approval of the augmentation plan and related accounting procedures for the pipeline by the Republican River Compact Administration. Also on the list are the South Fork accounting issues and the sub-basin nonimpairment requirement, as well as the possibility of changing the use of surface water purchased by the RRWCD Water Activity Enterprise to assist the state of Colorado with compact compliance. There also will be an executive session to develop a strategy for negotiations for the purchase, acquisition, or lease of water rights. The meeting will be from 10 a.m. to 4 p.m. at the Church of the Nazarene, 505 E. Beatty Ave. Public comment is scheduled for 1 p.m.

More Coyote Gulch coverage here and here.

Republican River Basin: Nebraska and Kansas reject Colorado’s proposed compliance pipeline

Nebraska and Kansas didn’t go for the idea of a pipeline dumping water at the Nebraska border as being the same as an equal amount of water in the river. Here’s a report from Tony Rayl writing for the Yuma Pioneer via the Holyoke Enterprise. From the article:

Kansas and Nebraska formally rejected Colorado’s plans for a compact compliance pipeline, Tuesday morning, but it appears there is hope the states are getting closer to resolving their various issues. That is due to the fact that, instead of Colorado immediately calling for arbitration after Tuesday’s vote, State Engineer Dick Wolfe called for a continuation of the special meeting to a yet-determined date in two to three weeks. Kansas and Nebraska each agreed to the continuation. Tuesday’s telephone gathering was an official meeting of the Republican River Compact Administration (RRCA). Wolfe is Colorado’s commissioner on the RRCA. His counterparts in Kansas and Nebraska, David Barfield and Brian Dunningan, respectively, are the other commissioners…

In the end, it came down to the three state engineers. Dunningan of Nebraska said the state supports Colorado’s efforts to receive approval. However, Nebraska still has issues with protecting the surface water users along the Haigler Canal, and limiting the volume of water delivered by the pipeline as Nebraska then is responsible for sending on the water to Kansas, and there will be evaporation in the process. Barfield recognized Colorado’s “significant” efforts to get into compliance. However, significant concerns remain for Kansas, particularly in regards to sub-basin compliance along the South Fork of the Republican River. “For this reason, Kansas will be voting ‘No’,” Barfield said. He added, though, that Kansas believes the states can continue to find a resolution for the pipeline plan…

Wolfe said Colorado recognizes there are issues still not resolved, but Colorado was ready to entertain a motion to approve the pipeline. Barfield approved the motion, then he and Dunningan voted against, while Wolfe voted in favor. Wolfe then requested the meeting be continued for two to three weeks, with the states continuing negotiations in the interim. Kansas and Nebraska agreed to the continuation. The specific date will be announced at a later date, after the parties involved can coordinate when all three will be available.

More Coyote Gulch coverage here and here.

Republican River compliance pipeline: Project may be headed to binding arbitration

Here’s a recap of the April 9 meeting of the Republican River Water Conservation District Board of Directors, from Tony Rayl writing for the Yuma Pioneer. From the article:

No significant progress, in regards to getting Kansas and Nebraska to approve the [compliance pipeline] project, has been made in the past few months, it was reported during the Republican River Water Conservation District Board of Directors regular quarterly meeting, last Thursday, April 9, in Yuma. A teleconference with Kansas and Nebraska is set for Tuesday, April 28, for a special RRCA meeting. Colorado will ask for approval for the proposed compact compliance pipeline. If Kansas and Nebraska reject it, as expected, Colorado will move to the arbitration stage.

If not approved, the next step would be arbitration. The system is set up so it is “non-binding” arbitration, meaning the states do not have to adhere to the ruling. It is a step taken, though, in an effort to resolve the issue without going to the U.S. Supreme Court. Colorado, though, is willing to take the pipeline to binding arbitration, meaning the arbitrator’s decision carries weight. “We have offered binding arbitration but Kansas has rejected it, at least initially,” [Alexandra Davis, the assistant director for water for the Department of Natural Resources] said. “We were willing to go to binding arbitration.”[…]

The Republican River Water Conservation District continues to lay the groundwork for the pipeline, while waiting for RRCA approval. Engineer Jim Slattery told the board last Thursday that work continues on easements, an application for a permit from the Corps of Engineers has been submitted, and the district also is dealing with a minor issue with the Colorado Ground Water Commission in regards to “co-mingling” wells. Slattery told the board he has been told bidding among contractors is still competitive due to a slowdown in projects, but it might not last much longer.

The district itself is not moving too far ahead until issues are resolved between the three states. The RRWCD is taking the stance that it developed the pipeline project on the assumption that delivering water to the North Fork would bring Colorado into compliance with the pipeline. However, Kansas asserts Colorado is not in compliance in the South Fork sub-basin, and the pipeline to the North Fork will not address that. Therefore, the district definitely wants that issue resolved, and approval from the RRCA, before building the pipeline. The RRWCD also has requested assurances from state officials that Colroado will drain Bonny Reservoir, or take other actions equivalent to draining Bonny, if Kansas is found to be correct in its interpretation of the South Fork issue.

Also, the Sandhills Groundwater Management District, where the wells for the pipeline are located, has stated it will not hold a hearing on the RRWCD’s request to export water from the management district until the RRCA has approved the augmentation plan.

A $60,000 million, 2-percent interest loan from the Colorado Water Conservation Board was approved by the Colorado Legislature last year, to the RRWCD for the pipeline. The RRWCD does not want to take the risk of borrowing that money until it is certain the pipeline is a go for all parties. Technically, the RRWCD has two years from the date of the loan contract to borrow and complete the project, according to legal representation. The CWCB staff has told the RRWCD it could obtain further time if necessary. However, in light of the budget crisis, the district would like to get going before the end of the year.

More coverage of the meeting from the Yuma Pioneer (Tony Rayl):

The water level at Bonny Reservoir continues to be an issue with the Republican River Water Conservation District. Dave Keeler, the state’s water commissioner for the Republican River Basin, gave a Bonny update to the RRWCD Board during its regular quarterly meeting, last Thursday in Yuma. He said measurements show that currently there is an extra 3,992 acre feet of storage in Bonny, which is considered “out of priority” water. As to when that water will be released, Keeler referred to State Engineer Dick Wolfe. Among the main considerations in releasing the water is the ability to maximize the amount released getting to the gage in Benkleman, Nebraska. It sounds like there will not be a release until the fall. However, there is a live stream flow in the South Fork of the Republican River reaching the Benkelman gage, and there is little irrigation right now. Board Member Eugene Bauerle said the district should consider asking the state to make a release now, since conditions are good for the water getting to the gage.

More Coyote Gulch coverage here and here.

Ogallala (High Plains) Aquifer has dropped 9% in 60 years

From the Houston Chronicle: “The U.S. Geological Survey says in a report issued Tuesday that by 2007, the aquifer has dropped a foot on average in Nebraska since the early 1950s…The aquifer supplies about 30 percent of the nation’s groundwater used for irrigation. And the USGS says the aquifer provides drinking water to more than 80 percent of the people who live above it.”

From the McCook Daily Gazette:

…it’s easy to forget just how big, and important, the aquifer is, and to take it for granted. Covering 174,000 square miles under Nebraska, Kansas, Colorado, New Mexico, Oklahoma, South Dakota, Texas and Wyoming, The High Plains Aquifer is the primary source of drinking water for most of us and provides the life-giving liquid that makes one fourth of the United States agricultural production possible. Although extensive irrigation has caused the aquifer to decline, some of the same technology that made irrigation possible, such as the highly efficient systems produced by Valmont right here in McCook, is making the most efficient use of the valuable resource of water.

A complete copy of the report is available at http://pubs.usgs.gov/sir/2009/5019/ and an abbreviated version is at http://pubs.usgs.gov/fs/2009/3005/

More coverage from the Omaha World-Herald:

The total amount of drainable water in the aquifer in 2007 was about 2.9 billion acre-feet, a decline of about 270 million acre-feet since before development, the U.S. Geological Survey said in a report Tuesday…The High Plains aquifer, also popularly known as the Ogallala Aquifer, is a nationally important water resource that likes under some 174,000 square miles in parts of eight western states—Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas and Wyoming.

More Coyote Gulch coverage here.

Republican River Basin: Colorado, Nebraska and Kansas trying to reach settlement

From the Kearney Hub: “Attorneys for Nebraska, Kansas and Colorado are taking the final steps to stop the states’ Republican River dispute before it returns to the U.S. Supreme Court. For 10 days beginning [March 8th], the legal teams will be in Denver presenting evidence and expert testimony over Kansas’ claim that Nebraska continued to overuse its share of Republican River water, despite agreeing in 2002 to comply with a World War II-era pact allocating water among the three states.”

Thanks to Coyote Gulch reader Greg for the link. More Coyote Gulch coverage here and here.

Republican River Basin: New metering rules now in effect

From The Yuma Pioneer: “It is a new world for owners of high-capacity wells in the Colorado Republican River Basin. Measurement Rules from the Colorado Division of Water Resources went into effect January 1. The first big deadline is Sunday, March 1, when all high-capacity wells within the basin, which includes all of Yuma County, must be equipped with some kind of method measuring the amount of water used by the well. Well owners are either equipping their wells with a totalizing flow meter, or with an alternate method of measurement (such as the power conversion coefficient) that is granted a variance. The only other alternative is to have wells declared inactive. All irrigated farmers, basically, have to have a measurement device with their wells. Wells that are permitted for small-capacity type uses (50 gallons per minute or less, domestic-type uses, livestock uses) are exempt…

“State Engineer Dick Wolfe said last summer that the Measurement Rules were necessary to help the state get a handle on the total amount of ground water being diverted, to help the state comply with the Republican River Compact. There has been talk the Measurement Rules are the first step toward the state limiting appropriations. Keeler acknowledged that other parties have held meetings regarding conservation and extending the life of the Ogallala Aquifer. However, ‘the Division of Water Resources has not taken a stance on limiting the amount of water, beyond the limit imposed one each well by its final permit.'”

More Coyote Gulch coverage here.

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