Senior calls on the rivers, fish water in the ‘Pan — @AspenJournalism #ColoradoRiver #COriver

From Aspen Journalism (Heather Sackett) via The Glenwood Springs Post Independent:

Very low flows in the upper Colorado River system are now expected to trigger calls from senior water rights tied to the Shoshone hydropower plant and irrigators in the Grand Valley. And, starting Friday, more water is to be released from Ruedi Reservoir into the lower Fryingpan River to bolster downstream flows.

The Shoshone plant has two water rights, a very senior 1902 right and a less-senior right for 158 cubic feet per second with a 1929 priority date. A call for the 1929 Shoshone right is expected to take effect on Thursday, meaning those upstream from the Shoshone hydro power plant in Glenwood Canyon who hold junior rights must stop diverting.

On July 1, another, larger call is expected to happen downstream on the Colorado — the Cameo call. The Cameo call is made up of the water rights of agriculture diverters near Palisade, including the Grand Valley Water Users Association and the Orchard Mesa Irrigation District.

The Cameo call, which is the second-most senior water right on the Colorado River, calls about 2,200 cfs down through the river system, but the diversion structures tied to the call also have the potential to nearly dry up the Colorado River in a 15-mile reach between the Palisade area and the confluence of the Gunnison River in Grand Junction. This 15-mile reach is critical habitat for endangered fish, including the Humpback Chub.

To help offset the effects of the Cameo call and other diversions on the river system, officials with the Upper Colorado River Endangered Fish Recovery Program have set a low-flow target of 810 cfs this year.

And, after meeting with other regional water managers on Wednesday, officials with the U.S. Fish and Wildlife Service plan to release on Friday 50 cfs of water that has been earmarked specifically for endangered fish from Ruedi Reservoir. Another 100 cfs will be added to the bolstered flows on Monday, bringing releases to about 260 cfs in the river below Ruedi Reservoir.

While a Cameo call is not unusual and often happens in late summer, this is the earliest it has ever taken effect, according to Don Meyer, Senior Water Resources Engineer with the Colorado River District. The previous record was July 14.

“It’s a brutal year,” Meyer said. “I think it’s going to be a dire situation for everybody, but especially the fish down there.”

This year is also the second earliest that “fish water” has been released from Ruedi Reservoir since the endangered fish program was established in 1988. During the most recent drought years, 2002 and 2012, fish water was released on June 24 and July 3, respectively.

Federal officials this year expect to be able to release 16,412.5 acre-feet of fish water from Ruedi Reservoir this year, including from a 5,000 acre-foot pool, a 5,412 acre-foot-pool and 6,000 acre-feet of water owned by Ute Water Conservancy District in the reservoir, which is to be leased for the endangered fish program.

In all, the fish program has a total of 28,000 acre-feet of water it can use from various reservoirs in the upper Colorado River system, including Ruedi, Granby and Wolford reservoirs.

The Cameo call will also put more water into the Roaring Fork River by “calling out” the transmountain diversion through the Twin Lakes tunnel under Independence Pass. The Twin Lakes Reservoir and Canal Company can move 625 cfs of water out of the Roaring Fork Basin to the Arkansas Basin, where it is used for East Slope municipal and irrigation purposes.

The tunnel is currently diverting around 50 cfs, but that will come to a halt when the Cameo call goes into effect.

“In one respect it’s a windfall for the Roaring Fork,” said Kevin Lusk, president of Twin Lakes Reservoir and Canal Company. “It’s not good for our customers, but that’s the law. It’s just part of owning a water right on a river in Colorado. This is one of those dry years so we are not surprised to see the Cameo call come on.”

Editor’s note: Aspen Journalism is covering rivers and water in collaboration with The Aspen Times and Glenwood Springs Post-Independent. More at http://www.aspenjournalism.org.

Pitkin County and West Slope close to securing 1,000 AF of water for upper Roaring Fork

The upper Roaring Fork River, east of Aspen, near the river’s confluence with Difficult Creek. The stretch of river between Difficult Creek and Maroon Creek is often plagued by low flows in late summer and fall.

By Brent Gardner-Smith, Aspen Journalism

As a way to settle a 2009 state water court case led by Pitkin County and the Colorado River District, the Front Range city of Aurora has agreed to let as much as 1,000 acre-feet of water run down the upper Roaring Fork River each year instead of diverting the water under Independence Pass.

The pending settlement could mean that about 10 to 30 cubic feet per second of additional water could flow down the river through Aspen in summer and fall.

It’s an amount of water that Pitkin County Attorney John Ely said would be “visibly noticeable” and would help bolster flows in the often water-short stretch of the Roaring Fork between Difficult and Maroon creeks.

“It’s exciting,” Ely said. “It’s not very often you get to put water into the upper Roaring Fork. These opportunities are pretty limited, and I’m not sure if we’ll ever see another one.”

A June 13 memo from Ely on the agreement states that “the Pitkin County Healthy Rivers and Streams Board has long recognized this reach of the Roaring Fork as one of the most stressed reaches of the Roaring Fork” and that “the Roaring Fork Conservancy’s State of the Watershed report identifies the upper Roaring Fork just above Aspen and heading into town as being severely degraded.”

The Pitkin Board of County Commissioners is expected to approve the settlement in the form of an intergovernmental agreement with Aurora on Wednesday.

Aurora’s city council also is expected to approve the agreement, as is the Colorado River District board of directors at its July meeting. A Water Court judge has set a July 20 deadline for the parties to file the settlement.

Officials with Pitkin County and the Colorado River District see the deal with Aurora as a victory, especially as some estimates, according to Ely, place the value of water in Aurora at $50,000 an acre-foot, which makes the 1,000 acre-feet of water potentially worth $50 million.

The settlement is also of high value to officials at the Colorado River District, who led the efforts of the West Slope entities in the case.

“I think it’s a big deal,” said Peter Fleming, the general counsel for the Colorado River District, which represents 15 counties on the Western Slope. “I think it’s going to be a good deal for Pitkin County, the Roaring Fork River, and the West Slope as a whole. And frankly, I think it’s a pretty good deal for Aurora, as well.”

But Tom Simpson, a water resource supervisor with Aurora, said it’s a “bittersweet” deal for the growing Front Range city.

“We’ve worked hard on this agreement over the last year,” Simpson said. “It is bittersweet, but we are happy that we are finally there.”

The deal lets Aurora retain its current use of 2,416 acre-feet of water it diverts on average each year from the top of the Fryingpan River Basin, but Aurora also is giving up 1,000 acre-feet of water it now diverts from the top of the Roaring Fork River Basin.

Aurora also is agreeing to abide by operating protocols and future potential use of the senior water rights on the Colorado River now tied to the Shoshone hydropower plant in Glenwood Canyon. That agreement could limit the amount of additional water Aurora can divert in the future from the Colorado River Basin.

The provisions of the agreement relating to the Shoshone water right also include an acknowledgement that the senior water right might someday be changed to include an instream flow right rather than the water being diverted out of the river and sent to the hydropower plant.

“Aurora will not oppose an agreement between a West Slope entity or entities, the Colorado Water Conservation Board, and any other entity entered for the purpose of adding instream flow as an additional use of the senior hydropower right,” the agreement states.

Simpson agreed the overall deal represented a “haircut” for Aurora’s water rights in the Colorado River Basin.

“Yes, we’re going to get the 2,416 acre-feet out of Busk, but we’re going to make these other deliveries on the Roaring Fork, and we might lose just a little bit of water on the Shoshone protocol,” he said. “It’s a haircut, absolutely.”

On the other hand, Simpson said “while this agreement is not perfect, we feel like it is a good agreement, and preserves some of our Busk-Ivanhoe water and lets us all move forward.”

A view of Ivanhoe Reservoir, where water from the upper Fryingpan River headwaters is collected before being sent under the divide to Busk Creek, Turquoise Reservoir, and then the Front Range.

Started in 2009

In December 2009, Aurora filed a water rights application in Division 2 Water Court in Pueblo to change the use of its water rights in the Busk-Ivanhoe transmountain diversion system in the Fryingpan River headwaters.

The system, built in the 1920s, gathers water from Ivanhoe, Pan, Lyle, and Hidden Lake creeks and diverts the water through the Ivanhoe Tunnel to Turquoise Reservoir near Leadville before it is sent to East Slope cities. The system was built to deliver water to irrigators in the lower Arkansas River basin.

The water rights to the system carry appropriation dates from 1921 to 1927, which makes them junior to the senior water rights on the Colorado River near Grand Junction known as the “Cameo call.”

The Pueblo Board of Water Works bought half of the Busk-Ivanhoe system in 1972, and Aurora gradually secured its half-ownership in the system between 1986 and 2001.

In its 2009 application, Aurora told the water court it wanted to change the use of its water in the Busk-Ivanhoe system from irrigation to municipal use.

However, it also conceded it had already been using the Busk-Ivanhoe water for municipal purposes in Aurora, even though its water-right decree limited the use of the water to irrigation in the lower Arkansas River valley. It also came to light that Aurora was first storing the water in Turquoise Reservoir without an explicit decreed right to do so.

That caught the attention of Pitkin County, the Colorado River District, a host of other Western Slope water interests, and the state engineer’s office, which administers water rights.

As Ely put it in a June 13 memo to the Pitkin County commissioners, “In 1987, Aurora began using Busk-Ivanhoe water for undecreed municipal and residential purposes in an undecreed area, the South Platte Valley, after storing the water in an undecreed manner in Aurora system reservoirs.”

Aurora’s stance was that since the water had been diverted under the Continental Divide, it didn’t matter how it used or stored the water, as it should make no difference to the West Slope. But an array of West Slope entities, including the Colorado River District, disagreed with Aurora’s position.

In July 2013 the Western Slope entities and the state took Aurora to a five-day trial in Div. 2 Water Court in Pueblo, arguing that Aurora should not get credit for its 22 years of undecreed water use and storage.

“It was always an issue of fact at trial as to how much water was in play because it depends on how you calculate the yield of the project,” Ely said.

In 2014, thought, the district court judge in Division 2 ruled in Aurora’s favor, and the West Slope interests then appealed to the state Supreme Court.

The appeal process prompted a host of entities on both sides of the Continental Divide to come forward and argue aspects of the case before the court. It also prompted a scolding of Aurora by former Supreme Court Justice Greg Hobbs over the use of undecreed water rights.

In 2016, the Colorado Supreme Court reversed the lower court’s decision, ruled in favor of the Western Slope, and remanded Aurora’s original change application back to the lower court.

“The Supreme Court wrote that notwithstanding the fact that the change application and original decree concerned developed transmountain water, water used for undecreed purposes cannot be included in a calculation for historic consumptive use and is therefore excluded from water available for change of use,” Ely wrote in his June 13 memo.

So, rather than going back to Water Court and continuing to fight over the potential size of the Busk-Ivanhoe rights, which the West Slope now saw as being between zero and well-less than 2,416 acre-feet, Aurora began negotiating in January 2017 with the Western Slope entities still in the case, which included Pitkin County, Eagle County, the Colorado River District, the Grand Valley Water Users Association, the Basalt Water Conservancy District, Eagle County, Orchard Mesa Irrigation District, and Ute Water Conservancy District.

Today, each of those entities is also a party to the intergovernmental agreement expected to be submitted to the water court in July, along with a proposed decree for Aurora’s Busk-Ivanhoe rights.

Ely said Pitkin County didn’t start out in the case with an eye on securing 1,000 acre-feet for the Roaring Fork, but did have a local interest in the operation of the Busk-Ivanhoe project.

“We weren’t doing it to obtain an end result, we were doing it because the [Busk-Ivanhoe] project is in our backyard and we felt it was the right thing to do,” Ely said. “And all the other dialogue developed after the trial and the Supreme Court decision.”

At the time of the 2016 Colorado Supreme Court decision, Pitkin County had spent $353,000 in legal and other fees in the case, using money brought in by a tax to fund the county’s Healthy River and Streams program, which includes litigation in water court.

Since then, Ely said the county had spent an additional $27,300 for hydrology and engineering work, but had not spent more on additional outside legal help, as he and Assistant County Attorney Laura Makar handled the settlement negotiations for the county.

The dam across the main stem of the upper Roaring Fork that diverts water from Lost Man Creek and the Roaring Fork into a tunnel under Green Mountain and, eventually, into Grizzly Reservoir and the tunnel under Independence Pass to the Arkansas River basin. Some of the water owned by Aurora will be bypassed at this point to run down the Roaring Fork.

Pan, or Fork?

For Pitkin County and other Western Slope entities, it made more sense to negotiate with Aurora for some of the water it owns in the Independence Pass-Twin Lakes system rather than the Busk-Ivanhoe system, as any water bypassed by the Busk-Ivanhoe system would be scooped up by the Fry-Ark Project, which sits below the Busk-Ivanhoe system in the upper Fryingpan valley and also diverts water to the East Slope.

Aurora owns 5 percent of the shares in the Twin Lakes Reservoir and Canal Co., which operates the Independence Pass Transmountain Diversion System. Its share of the water diverted each year from the top of the Roaring Fork equals about 2,100 acre-feet a year, so the 1,000 acre-feet of water equals about half of Aurora’s water in the Twin Lakes company.

In the 10 years from 2007 through 2016, Twin Lakes Co. diverted a total of 485,762 acre-feet of water from the upper Roaring Fork River Basin through its diversion system, putting the 10-year average for that period at 48,567 acre feet. 2011 was the biggest year of diversions since 2007, with 67,463 acre-feet diverted, and 2015 was the lowest year since 2007, with 18,374 acre-feet diverted.

Colorado Springs owns 55 percent of the shares in Twin Lakes Co., Pueblo 23 percent, Pueblo West 12 percent, and Aurora 5 percent. There are also other minority shareholders, holding 5 percent of the shares, still using the water from the system for agriculture.

Twin Lakes is not a party to the intergovernmental agreement between Aurora and the West Slope entities, but it is willing to work with all involved to make the water deliveries as beneficial as possible for the Roaring Fork River.

Ely said Pitkin Country was grateful for the willingness of the Twin Lakes Co. to work with the county and the Colorado River District to release the water in a way that benefits the river, even if it means more work for the operators of the Independence Pass-Twin Lakes system.

According to Kevin Lusk, the president of the Twin Lakes Reservoir and Canal Co. and a senior engineer at Colorado Springs Utilities, the company is simply responding to the desires of a shareholder in the company, Aurora.

He also said it’s legal under a 1976 water-rights decree held by Twin Lakes to bypass water for use on the West Slope instead of diverting it under the Continental Divide.

“The decree allows for this type of operation and so really all we’re doing as a company is accommodating the request of one of our shareholders to do something that was contemplated and provided for in the decree,” Lusk said.

And as part of the agreement, representatives from Pitkin County, the Colorado River District, Aurora, and Twin Lakes will meet each year to agree on a delivery schedule for the water that describes the “desired rate, timing, amount, location and ultimate use of the water, as well as the operational needs and constraints” of the Independence Pass-Twin Lakes diversion system.

In a letter attached to the agreement laying out how Aurora and the Twin Lakes Co. plan to manage the releases, Aurora said it “would prefer the water to be delivered at times of the year and at locations that will provide the most benefit to the Roaring Fork River stream flow. Typically this will be in the second half of the summer, beginning July 15, through the fall season.”

And Pitkin County feels the same way, according to Ely.

“We would like it delivered later in the year when the flows of the river start to go down,” he said.

However, Lusk at Twin Lakes said if the West Slope entities wait too long in the season to bypass the water, it may not be there to bypass.

“I know that there is a great interest in saving a lot of this water and bypassing it at the end of the season,” Lusk said. “But it’s going to be a bit of a balancing act. You’ve got to take the water when it’s there, because if you don’t take advantage of it there won’t be any to release later.”

Lusk also said that if the West Slope really wanted to take full advantage of the water, it might consider building a reservoir above Aspen to store the water at peak runoff and then release it later in the season.

Grizzly Reservoir on Lincoln Creek, well above its confluence with the Roaring Fork River at Lincoln Gulch Campground. The reservoir briefly stores water before it is diverted under the Continental Divide.

Flows on the Fork

According to a draft resolution to be voted on by the Pitkin County commissioners Wednesday, there were several factors that went into the county’s goal of acquiring 1,000 acre-feet per year of water for the upper Fork, including “the expected amount of yield for Aurora in the Busk-Ivanhoe system; existing in-basin and out-of-basin diversions from the Roaring Fork River between Independence Pass through the City of Aspen; potential future demand on the river; extent of existing conditional water rights; and the results of a stream analysis and channel measurement study.”

If the deal is approved, as soon as next year 700 acre-feet of Aurora’s water is expected to be captured briefly in the Independence Pass system, which includes dams on Lost Man Creek, the main stem of the Roaring Fork River, and on Grizzly Creek, and then released down either the Fork or Lincoln Creek toward Aspen.

Another 200 acre-feet of Aurora’s Twin Lakes water will be held in Grizzly Reservoir on Lincoln Creek, which holds 570 acre-feet of water. That water will then be released late in the year, after most transmountain diversions have stopped, to bolster late-season flows in the river.

“So it’s actually reservoir release of previously stored water, while the [700 acre-feet] is a true bypass of water that would have gone through the tunnel that day to the other side,” Lusk said. “It’s new for us. We typically don’t operate the reservoir that way. Typically we would run that reservoir quite a bit lower, just for safety-of-dam reasons. But this change in operation is going to be holding the reservoir up much fuller for a lot longer, and we just need to watch the behavior of the dam.”

Another 100 acre-feet of water could also eventually be left in the Roaring Fork each year after a complicated exchange-of-water arrangement is worked out with Aurora and other parties on the Fryingpan River, which brings the potential total water left in the Fork to 1,000 acre-feet.

There is also a drought contingency provision which will allow Aurora to bypass 100 acre-feet less than they would have under the deal if the water level in their system of reservoirs falls below 60 percent on April 1 in a given year. So in a dry year, that could bring additional flows in the Roaring Fork back to 900 acre feet.

The upper Roaring Fork River at the Cascades at about 6 p.m. on Thursday, June 16, 2016, after Lincoln Creek surged into the Fork, about an hour after the Twin Lakes Tunnel was closed. When the Twin Lakes system is closed for whatever reason, as it has been the past several seasons, the Roaring Fork River leaps to life with renewed intensity.

Other provisions

The pending Busk-Ivanhoe settlement also includes a provision that allows the Basalt Water Conservancy District to store 50 acre-feet of water in Ivanhoe Reservoir, which holds 1,200 acre-feet of water and serves more as a forebay for the Ivanhoe Tunnel diversions than a storage reservoir.

And, in a provision to Aurora’s benefit, the West Slope entities, including Pitkin County, have agreed not to fight, at least on a wholesale basis, the permitting of two potential reservoirs that Aurora is working on, Wild Horse Reservoir in South Park and Box Creek Reservoir, which could hold between 20,000 and 60,000 acre-feet on private land on the south flank of Mt. Elbert.

“Any participation in the permitting processes by the West Slope Parties will not seek to prevent the project in its entirety and comments or requests may be raised only for the purpose of addressing water related impacts caused directly by either of the two above specified projects on the West Slope,” the draft agreement between Aurora and the West Slope says.

The concession from the West Slope is significant as Box Creek Reservoir will be able to store water from the West Slope.

The West Slope entities also agree not to oppose changes in diversion points tied to the Homestake transmountain diversion system in the Eagle River Basin, not to oppose Aurora’s efforts to repair the Ivanhoe Tunnel, which is also called the Carlton Tunnel. The tunnel was originally built as a railroad tunnel, and then used as a highway tunnel.

Finally, the parties to the deal have agreed, in what’s called a “diligence detente,” not to challenge in water court for 15 years a list of conditional water rights, held by both East Slope and West Slope entities, that are required to periodically file due-diligence applications with the state.

The list of conditional water rights includes rights held by Aurora tied to the Homestake project and rights by the Southeastern Water Conservancy District tied to the Fry-Ark Project. They also include rights held by the Colorado River District on a number of West Slope water projects, including the potential Iron Mountain Reservoir near Redcliff and the Wolcott Reservoir near Wolcott.

Notably, the agreement does not include provisions to legally shepherd the water from the Independence Pass-Twin Lakes system all the way to the confluence of Maroon Creek, so it’s possible that diverters on the river near Aspen, such as the Salvation Ditch, could pick up the water left in the river.

However, Ely said the county will seek cooperation from diverters on the river near Aspen.

“We’ve had some conversations with water users on this side of the hill, and we’ve had conversations with the Division 5 engineer’s office, and we’re hopeful that when the water is being bypassed and put in the river and there is an increase of flow, folks won’t take advantage of that and we’ll be able to get it down through Aspen,” Ely said. “And eventually, you know things will change, and we hope to have that water associated with its own water right, so we can call it further down, but that won’t be the case right away.”

An additional benefit to the deal, according to Ely, is that the management of the 1,000 acre-foot pool of water from Aurora may also lead to better management of a 3,000 acre-foot pool of water also available in the Independence Pass-Twin Lakes system.

That pool was created to mitigate the impacts to the Roaring Fork River from diversions by the Fry-Ark Project on Hunter, Midway, and No Name creeks, which drain into the Fork in central Aspen. And while Twin Lakes releases the water down the Roaring Fork, releases from the Fry-Ark Project replace the water in Twin Lakes Reservoir, where both transbasin diversion systems can send water.

For years, the water from the 3,000 acre-foot pool has been released at a rate of 3 cfs on a year-round basis and has not been timed to help bolster low-season flows. Now, given the greater cooperation over the management of the 1,000 acre-foot pool from Aurora, how the 3,000 acre-foot pool from Fry-Ark is managed may also change, to the benefit of the river.

Aspen Journalism is collaborating on the coverage of rivers and water with The Aspen Times. The Times ran a shorter version of this story on Tuesday, June 12, 2018.

Fryingpan River proposal would increase winter flows, help trout populations — @AspenJournalism

Flow in the Fryingpan. Photo credit Brent Gardner-Smith (@AspenJournalism).

From Aspen Journalism (Heather Sackett):

A proposal to increase winter flows on the lower Fryingpan River could have big benefits for downstream trout populations.

The Colorado River District is proposing to the Colorado Water Conservation Board a one-year, renewable lease of some of the water it owns in Ruedi Reservoir to boost winter flows in the Fryingpan. CWCB staff presented the proposal to the board at its May meeting in Salida.

Currently, the decreed instream flow rate between Nov. 1 and April 30 in the Fryingpan below Ruedi is a minimum of 39 cubic feet per second. Often, winter flows are higher than this, but in dry years they can hover around the minimum amount.

But 39 cfs is not enough to maintain a healthy food source for the Gold Medal fishery’s population of trout. The proposal seeks to boost the minimum flow to 70 cfs.

The proposal is a collaboration between the Colorado River District and the Roaring Fork Conservancy.

Heather Tattersall Lewin, watershed action director with the conservancy, explained that low streamflows, combined with frigid temperatures, can lead to the formation of anchor ice on the bottom of the river.

This ice has a negative effect on the population of aquatic insects, known as macroinvertebrates, which are food for the brown, rainbow, and cutthroat trout that call this 14-mile stretch of river home.

“When the water and air temperatures are both really cold, the anchor ice can scour the bottom of the river,” Tattersall Lewin said. “It can scrape the macroinvertebrates in that area and they can get moved downstream. The insect population is what we are concerned about because it’s the fish food.”

Extra water in the stream will prevent anchor ice from forming. The conservancy estimates that 56 days is the maximum amount of time the leased water would be needed during the winter.

“This is a great opportunity to manage water to the benefit of environmental and recreational needs,” Tattersall Lewin said.

Under the proposal, the CWCB would lease up to 3,500 acre-feet of Ruedi Reservoir water from the river district. It would cost $65.25 per acre-foot, plus a $400 application fee, which for the total 3,500 acre-feet would cost $228,775.

The river district owns a total of 11,413.5 acre-feet of water in Ruedi, with 7,500 acre-feet of that available for leasing. Of the total the river district owns, 5,412.5 acre-feet is to support flows for the endangered fish recovery program.

Colorado River District General Manager Andy Mueller said there are two reasons his organization decided to offer up their water for lease. The first is to improve the health of the river and its trout populations. The second is related to the business arm of the district.

“We are charged with maximizing our assets and our assets are pools of water in different reservoirs,” Mueller said. “In this instance, we are leasing water to the CWCB and they are paying our district’s enterprise fund to release that water. It’s a win-win from our perspective.”

The Fryingpan River is popular with anglers because of predictable hatches that lead to fish feeding frenzies and great conditions for dry fly fishing.

Colorado Parks and Wildlife supports the increased winter flows.

In a letter of support to the CWCB, CPW instream flow program coordinator Jay Skinner wrote, “recent history has taught us that more flow during the winter months improves fish habitat, increases spawning success and fry emergence for brown trout, promotes a more robust macroinvertebrate food base for fish and most importantly, addresses issues related to anchor ice formation and accumulation.”

The CWCB will consider the proposal for approval at its July meeting. If approved, the increase in flows could begin this winter.

Editor’s note: Aspen Journalism is collaborating with The Aspen Times, the Glenwood Springs Post Independent, the Vail Daily and the Summit Daily on the coverage of rivers and water. The Times and the Post Independent published this story in their print editions on Thursday, June 7, 2018.

Fryingpan River downstream of Ruedi Reservoir. Photo credit Greg Hobbs

@CWCB_DNR Proposed Acquisition of Contractual Interest in Ruedi Reservoir Water for ISF Use

The dam that forms Ruedi Reservoir, above Basalt on the Fryingpan River. Photo: Brent Gardner-Smith/Aspen Journalism

From email from the Colorado Water Conservation Board (Rob Viehl):

DATE: May 16, 2018

RE: Proposed Acquisition of Contractual Interest in Ruedi Reservoir Water for ISF Use on Fryingpan River, Eagle & Pitkin Counties

The Colorado Water Conservation Board will be considering a proposal from the Colorado River Water Conservation District, acting through its Colorado River Water Projects Enterprise (“CRWCD”) to enter into a one-year renewable short-term lease of a portion of water that CRWCD holds in Ruedi Reservoir for instream flow (“ISF”) use to boost winter flows in the Fryingpan River below Ruedi Reservoir. The Board will consider this proposal at its May 23-24, 2018 meeting in Salida. The agenda for this Board meeting can be found at:
http://cwcb.state.co.us/public-information/board-meetings-agendas/Pages/May2018NoticeAgenda.aspx

Consideration of this proposal initiates the 120-day period for Board review pursuant to Rule 6b. of the Board’s Rules Concerning the Colorado Instream Flow and Natural Lake Level Program (“ISF Rules”), which became effective on March 2, 2009. No formal Board action will be taken at this time.

Information concerning the ISF Rules and water acquisitions can be found at:
http://cwcb.state.co.us/legal/Documents/Rules/Final%20Adopted%20ISF%20Rules%201-27-2009.pdf

The following information concerning the proposed lease of water is provided pursuant to ISF Rule 6m.(1):
Subject Water Right:

RUEDI RESERVOIR
Source: Fryingpan River
Decree: CA4613
Priority No.: 718
Appropriation Date: 7/29/1957
Adjudication Date: 6/20/1958
Decreed Amount: 140,697.3 Acre Feet

Decree: 81CW0034(Second Filling)
Appropriation Date: 1/22/1981
Adjudication Date: 12/31/1981
Decreed Amount: 101,280 Acre Feet

Bureau of Reclamation Contract: 079D6C0106
Contract Use: Supplement winter instream flows in the Fryingpan River
Contract Amount: 5,000 Acre Feet
Amount Offered for Consideration: 3,500 Acre Feet

Proposed Reaches of Stream:

Fryingpan River: From the confluence with Rocky Ford Creek, adjacent to the outlet of Ruedi Reservoir, downstream to its confluence with the Roaring Fork River, a distance of approximately 14.4 miles.

Purpose of the Acquisition:

The leased water would be used to supplement the existing 39 cfs ISF water right in the Fryingpan River to preserve the natural environment, and used at rates up to 70 cfs to meet the Roaring Fork Conservancy and Colorado Parks and Wildlife flow recommendations to improve the natural environment to a reasonable degree.

Proposed Season of Use:

Water stored in Ruedi Reservoir will be released to the Fryingpan River during the winter time period. The existing instream flow water right is decreed for 39 cfs from November 1 – April 30. The objective of the lease would be to maintain Fryingpan River flows at a rate of 70 cfs to prevent the formation of anchor ice at times when temperatures and low flows could otherwise combine to create anchor ice, which adversely impacts aquatic macroinvertebrates and trout fry.

Supporting Data:

Available information concerning the purpose of the acquisition and the degree of preservation of the natural environment, and available scientific data can be found on CWCB water acquisitions web page at: http://cwcb.state.co.us/environment/instream-flow-program/Pages/RuediReservoirFryingpanRiver.aspx

Linda Bassi
Stream and Lake Protection Section
Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, CO 80203
linda.bassi@state.co.us
303-866-3441 x3204

Kaylea White
Stream and Lake Protection Section
Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, CO 80203
kaylea.white@state.co.us
303-866-3441 x3240

Agencies clarify status of famed ‘Toilet Bowl’ trout fishing area, anglers will continue having access

The ‘Toilet Bowl” remains open to anglers fishing from shore, but remains closed to water activities, including paddle boarding, free diving, swimming and wading

Here’s the release from Colorado Parks and Wildlife:

Colorado Parks and Wildlife, city of Aspen, Bureau of Reclamation, Eagle County Sheriff’s office and the U.S. Forest Service are confirming anglers will continue having fishing access to the ‘Toilet Bowl from the shore; however, paddle boarding, free diving, swimming, and wading will remain prohibited.

Officials stress the water, located at the base of the Ruedi Dam on the Fryingpan River, is turbulent and subject to sudden changes in depth and flows. In addition, they caution the area has underwater hazards people are unable to see.

The five government agencies met last week to address social media rumors claiming the Toilet Bowl would no longer be accessible to anglers.

“Much of the confusion stems from varied interpretations of the existing signs which were placed to prevent unsafe activities and protect dam infrastructure” said District Wildlife Manager Matt Yamashita of Basalt. “It was made clear during the meeting that the intent is to prohibit in-water recreation in the deep portion of the Toilet Bowl section, for safety and security reasons. Anglers standing on the shore are not the concern.”

Yamashita says the city of Aspen and Bureau of Reclamation will update signs in the area to clarify restrictions.

“Ultimately, for anglers, not much has changed,” he said. “They can continue to fish there, as they always have. Going forward, we ask everyone to follow the rules and regulations as signed, and be sure to respect all current and future signage.”

Officials recently repaired the fence around the hydroelectric plant, replacing a section damaged by a vehicle. Workers also placed posts for a gate they will install this spring. The gate will help keep vehicles away from hydroelectric plant structures.

“The fence and the gate only restrict vehicle access, not foot traffic,” added Yamashita.

The famed fishing hole is popular with anglers, many who travel from around the world to catch the large trout that thrive in the pool.

Pitkin County’s Healthy Rivers program Basalt Whitewater Park forum recap

Proposed Basalt whitewater park via the Aspen Daily News

From The Aspen Daily News ( M. John Fayhee):

From the get-go, the Basalt Whitewater Park was a balancing act designed to simultaneously enhance the riparian habitat of the Roaring Fork River, slow the flow of runoff, give anglers the opportunity to match wits with fish and provide kayakers and rafters with a means by which they could get their adrenal glands pumping.

While people seem to appreciate the effort, opinions expressed at a forum organized Tuesday evening by Pitkin County’s Healthy Rivers program indicated there is work yet to be done.

The forum, which took place at the Basalt Library, brought together about 30 river enthusiasts covering the recreational gamut from fisherpeople to hard-core kayakers to boaters with a more recreational bent.

The consensus seemed to be that the engineers who did the work throughout last winter need to fine tune their efforts.

“It is more rowdy that we had hoped,” said Quinn Donnelly, a river engineer with Carbondale-based River Restoration, the company that designed and constructed the $800,000 whitewater park.

According to Donnelly, the park functioned at its best when the water levels went down from their peak of about 3,500 cubic feet per second (cfs) on June 19.

“At about 700 cfs, the flows worked really well for a wide range of skills,” Donnelly said.

But, when those water levels were higher, spam was definitely hitting the fan.

While Donnelly said the upper feature was classified at about Class-3 during the height of runoff, people in the audience begged to differ. One person speculated that the upper feature was closer to class-4, while another said it nudged up to class-5.

Several members of the audience related takes about spending significant time upside-down and bouncing off boulders while attempting to navigate the man-made rapids.

CPW: Voluntary fishing closure in place at ‘toilet-bowl’, near Ruedi Reservoir, effective immediately

Fryingpan River downstream of Ruedi Reservoir. Photo credit Greg Hobbs

Here’s the release from Colorado Parks and Wildlife (Mike Porras):

Effective immediately, Colorado Parks and Wildlife is instituting a voluntary fishing closure at a popular area on the Frying Pan River located downstream from the Ruedi Reservoir Dam. The fishing spot – known locally as the ‘toilet-bowl’ – will experience significantly reduced flow as water that normally feeds the pool will be re-routed to facilitate required dam maintenance.

Work on the dam – owned and operated by the Bureau of Reclamation – could continue through Nov. 10; however, it could take longer if additional work is necessary.

“The situation will leave the fish in the pool isolated, stressed and very easy to catch,” said Area Aquatic Biologist Kendall Bakich. “It would not be very sporting to fish in this area until after conditions improve.”

Bakich says the angling community complied with a voluntary closure when a similar situation occurred last year.

“We appreciate everyone’s patience.” she said. “We will let the public know when conditions improve and when the voluntary fishing closure is lifted.”

Anglers can expect to see signage advising of the closure and are urged to find alternative fishing locations in the meantime.

Although the closure is voluntary, CPW officials say a more stringent emergency closure enforceable by law is an option if angler compliance is minimal.

For more information about the voluntary fishing closure, contact Colorado Parks and Wildlife’s Glenwood Springs office at 970-947-2920.

For more information about work on the dam and dam operations, contact Tim Miller of the Bureau of Reclamation at 970-962-4394.