@USBR: Lake Nighthorse Recreation Management Lease Agreement Signed

Lake Nighthorse from the Ridges Basin Dam September 19, 2016.

Here’s the release from the USBR:

Reclamation’s Western Colorado Area Office and City of Durango finalized and signed a lease agreement for recreation management at Lake Nighthorse on January 27, 2017. The 25 year agreement transfers recreation management and related responsibilities to the city; including developing, construction and maintaining facilities and other improvements within the recreation area. Under the agreement, the city will ensure that recreation area administration and associated land use comply with all applicable Federal and State laws and regulations.

The agreement is contingent on the city annexing approximately 500 acres of land at Lake Nighthorse including 1,500 water surface acres in order to provide management, law enforcement and emergency services at Lake Nighthorse. WCAO and the city will begin the annexation process soon. The WCAO is currently in the process of negotiating a new Programmatic Agreement with the Colorado State Historic Preservation Office that will cover Section 106 of the National Historic Preservation Act compliance for the ongoing operations and maintenance of the Animas La-Plata Project, as well as for the recreation plan. When enacted this Programmatic Agreement will replace the Programmatic Agreement that was originally developed for the construction of the project. The WCAO is conducting tribal consultations with 25 tribes on the cultural resources management plan and Programmatic Agreement for the area.

In December 2016, WCAO released the Finding of No Significant Impact and final Environmental Assessment for the Lake Nighthorse Recreation Plan. The selected alternative is the 2014 Recreation Plan proposed by the City of Durango. The 2014 Recreation Plan recommends implementing a small-scale, staged approach to the development of recreational opportunities and facilities, while protecting water quality, cultural resources, and the primary purposes of Lake Nighthorse.

Recreation development will include: public restrooms, and overflow parking area for the boat ramp, access road improvements, and development of a courtesy dock system at the boat ramp. Recreation activities will be day use only and include: canoeing, kayaking, rowing, sculling, and stand-up-paddle boarding; swimming and scuba diving; and fishing. Motorized boating would be allowed, however, the lake will be closed to all motorized boating from late fall to late spring.

Southwestern Water Conservation District board shuffled

San Juan wildflowers.

From The Durango Herald (Jessica Pace):

Board President John Porter and Vice President Steve Fearn, representatives of Montezuma and San Juan counties, respectively, were voted off the board by commissioners in their respective counties.

Fearn, a prominent longtime coordinator of the Animas River Stakeholders Group, has represented San Juan County on the water conservation board since 1990 and served as vice president since 2007.

But San Juan County commissioners said Fearn’s representation no longer reflects county values, which have changed significantly since Silverton’s mining days to include more recreational interests with respect to water, county attorney Paul Sunderland said…

Commissioners voted to appoint Charlie Smith, part-time Silverton resident and eight-year general manager of the Lake Durango Water Authority, as Fearn’s replacement.

“Commissioners thought Charlie Smith would better represent San Juan County,” Sunderland said. “He has a lot of water expertise, and he’s probably more in tune with the wants of the current board. Historically, San Juan County has been largely dominated by mining interests, and Steve Fearn is very much associated with those interests, but the board’s interests have shifted more toward recreation.”

The fact that the state of New Mexico named Fearn in a lawsuit as a “potentially responsible party” for mine pollution in the Gladstone area was noted in the county’s decision, Sunderland said.

“It’s definitely something we’re aware of, given his ownership interests around Gladstone,” he said…

The board consists of nine members representing Archuleta, Dolores, Hinsdale, La Plata, Mineral, Montezuma, Montrose, San Juan and San Miguel counties. Board directors can serve an unlimited number of three-year terms.

“I want to make sure the county’s views are represented,” Smith told The Durango Herald. “I have an understanding of their water rights, and a lot of work needs to be done to secure those rights and make sure the uses align with what the county envisions.”

Montezuma County commissioners selected Don Schwindt to replace Porter, who was general manager of the Dolores Water Conservancy District for 22 years and a Southwestern board director for 26.

Schwindt is a director on the Dolores Water Conservancy District board and a critic of the Dolores National Conservation Area, a controversial proposal in Montezuma County to congressionally protect land and water along the lower Dolores…

Porter thinks the proposal, criticized by Montezuma County commissioners, influenced his removal. Under Porter’s leadership, Southwestern Water Conservation District contributed funds to hire a water attorney to rewrite draft National Conservation Area legislation, which Porter thinks was perceived as support for the bill.

“I perceived the funding as an effort so everyone involved knew all the problems, the facts on both sides and could intelligently make a decision,” Porter said. “I think Southwestern’s involvement was perceived by others that we were very much in favor of the NCA legislation. That had something to do with it, and the fact that I’m 80-plus, and my 26 years on the board.”

Montezuma County Commissioner Larry Suckla said the commission chose Schwindt because of his water knowledge, and the conservation area proposal did not play a part in the decision.

“Don has shown ways that he would save water and retain water for farmers and ranchers,” Suckla said. “John Porter is an icon for Montezuma County. He was involved in the management of the lake (McPhee Reservoir), and all the benefits the county has received from that is because of the work he did, but it felt like it was time for new eyes.”

When Porter joined the board in 1990, he said water storage and dam construction were the district’s primary focus, including such projects as Lake Nighthorse. But gradually, the focus broadened to consider recreational water use and water quality.

Porter refers to his tenure as a career highlight, and said the importance of inter-basin relations and dialogue will only increase as time goes on, water supply dwindles and population grows.

“You’re asking someone who’s biased, but I’ve always felt that the Southwestern board tried its very best to represent all interests,” Porter said. “True, the majority of the members, including myself, were and still are agriculture-oriented. Yet to me, as Colorado’s population grows, it’s inevitable that our water supply will be drying up agriculture. And that’s not in our best interest, but I don’t see a way of satisfying municipal needs that we’re going to have without drying up some ag use. Irrigation takes a lot of water, and just that amount converted to municipal use will take care of a lot of families in an urban situation.”

Durango inks deal to manage recreation at Lake Nighthorse

Lake NIghthorse September 19, 2016.
Lake NIghthorse September 19, 2016.

From The Durango Herald (Mary Shinn):

The Durango City Council approved a long-awaited lease Tuesday that will allow the city to manage recreation at Lake Nighthorse.

“We have been waiting for this to be on the agenda since 2009,” Mayor Christina Rinderle said.

The 25-year lease will now be sent to the Bureau of Reclamation, which owns the property, for approval, Parks and Recreation Director Cathy Metz said in an interview.

The city agreed to manage recreation at Lake Nighthorse because in 2008 Colorado Parks and Wildlife declined to do it.

The lease agreement is a big step, City Attorney Dirk Nelson said. But the city is not legally ready to open the property yet.

“This isn’t ours to open or close,” Councilor Dean Brookie said.

The city must annex the property; a planning-and-development memorandum of understanding must be signed; and necessary infrastructure, including a dock, must be built.

The city does not have a set time frame for opening the lake yet, Metz said.

“I can promise that we will make that known as soon as we can,” she said.

However, the lease will allow the city to make a good case for keeping some of the grants it has already received for construction of amenities around the lake, including a $3 million state grant that has not been completely spent, City Manager Ron LeBlanc said.

Another $285,000 grant from Colorado Parks and Wildlife will help pay for a boat dock, an overflow parking area and to chip seal the road from County Road 210 to the boat ramp, Metz said.

The lease between the Bureau of Reclamation and the city will allow Parks and Wildlife to fund these projects.

A grant through the Bureau of Reclamation is also paying for an entrance station where boats will be inspected. This construction is underway, and it will be completed in 2017, Metz said.

Once the lake is opened, the city expects user fees to cover the operation of the area, she said.

If the city faced a shortfall in operational revenue, the city and the Bureau of Reclamation would split that cost, but only if the money was approved by the City Council and the U.S. Congress, she said.

Similarly, the city and the bureau could split the cost of future construction projects, she said.

The cost-sharing is specified in the lease, she said.

However, the bureau will own any structures that it funds, according to the lease.

As part of its management plan, the city plans to annex the 1,500 acres of surface water, about 500 acres of land on the east side of the lake, as well as a narrow band of land around the whole lake. This will allow city police officers to patrol the area.

A swimming beach, natural surface trails, camping and picnic areas are planned for the annexed area, but they will be phased in later.

Limiting the annexation to certain areas is meant to protect archaeological sites, Metz said.

During a December meeting of the Natural Land Preservation Advisory Board, Metz said that a plan to manage hunting near the lake must also be agreed upon as part of the preparation to open the lake.

While hunting would not be allowed on annexed land, it could be allowed on adjacent land.

The city plans to work with Colorado Parks and Wildlife and the Southern Ute Indian Tribe on hunting management, Metz said.

The lake could offer an area for water fowl hunting that isn’t available close to Durango, said Steve McClung, representing Colorado Parks and Wildlife as a nonvoting member natural land board.

San Juan water commissioners pony up $20,000 to study pipeline from Lake Nighthorse

Lake NIghthorse September 19, 2016.
Lake NIghthorse September 19, 2016.

From The Farmington Daily Times (Hannah Grover):

The pipeline could supply the water commission’s share of water from the Animas-La Plata project — a water storage project that led to the creation of Lake Nighthorse south of Durango, Colo.

Aaron Chavez, the executive director of the San Juan Water Commission, said the study will examine three alternatives — construction of a small-diameter pipe that could supply water in case of emergencies, construction of a larger-diameter pipe that would provide San Juan County with all of its Animas-La Plata water rights or increased raw water storage.

Commissioner Jim Dunlap, who represents rural water users, said there will always be a lot of questions about the possibility of a pipeline.

“Nineteen-thousand or $20,000 is a small amount to pay to answer some of the questions,” he said.

He said the study could help the commission determine if a pipeline is feasible.

“It may be a good idea, but it may cost so much that we can’t afford it,” Dunlap said.

Dunlap also advocated for making the results of the study available to the public…

In other business, the commission heard a presentation from the New Mexico Interstate Stream Commission about the Colorado River Basin System Conservation Pilot Program, which aims to combat the dropping water levels in Lake Powell and Lake Mead. The two reservoirs are experiencing declining levels in light of a 15-year drought in the Colorado River Basin, which includes San Juan County, according to the presentation.

Kristin Green, a representative of the New Mexico Interstate Stream Commission, said hydropower generated at Lake Powell funds the San Juan River Basin Recovery Implementation Program. The program focuses on recovering populations of endangered fish.

Green warned that a loss of money from hydropower could impact the fish populations in the San Juan River basin.

The water conservation pilot program began in 2014 and has had several rounds of applications for project funding. The final round of project applications opened at the beginning of October. The application deadline is Nov. 30.

Of the 35 projects approved, only two have been from New Mexico. One of the two projects was a municipal efficiency improvements project, and the other involved fallowing — or taking agricultural land out of production.

Dunlap cautioned about taking agricultural land out of production to conserve water.

“If you take all the agriculture out of a community, then you kill the community,” he said.

Green said the majority of the approved projects have been fallowing projects and are temporary.

“We’re not looking to buy and dry,” she said.

Lake Nighthorse: “It’s like a pitcher on a high shelf we can’t reach” — Manuel Heart

Lake Nighthorse September 19, 2016.
Lake Nighthorse September 19, 2016.

Representatives of the Ute Mountain Ute Tribe were in Washington D.C. for President Barack Obama’s eighth annual White House Tribal Nations Conference, according to this report from Jim Mimiaga writing for The Cortez Journal. President Obama was informed that the Ute Mountain Utes back a Bears Ears National Monument and fulfillment of original intent of the Animas-La Plata Project to build supply infrastructure. Here’s an excerpt:

…councilwoman Regina Whiteskunk…also reminded Obama of the Bears Ears Monument plan, which is supported by a coalition of five tribal leaders in the Southwest.

“I was able to shake President Obama’s hand and said ‘Remember Bears Ears,’ and he responded, ‘There is still work to do’,” Whiteskunk said. “It was not a ‘No,’ so I am pushing forward and maintain the thought that it can still get done.”

[…]

Currently, a key issue for the Ute Mountain Ute tribe is delivering water to the reservation from Lake Nighthorse near Durango, [Tribal Chairman Manuel Heart] said. The tribe owns 40 percent of the water in the 120,000-acre-foot reservoir, and a component of the Animas-La Plata Project built to satisfy Ute Mountain, Southern Ute and Navajo water rights. But while much of the lake’s water is owned by the Ute Mountain Utes, it is out of reach for practical uses, Heart said.

“It’s like a pitcher on a high shelf we can’t reach. We need delivery to our land, which was initially promised but was eventually cut out, so we have been fighting to get that back.”

One possibility is to use local rivers to deliver the water to the reservation.

It could be released from the Lake Nighthorse spillway into the Animas River, then flow to the San Juan River, which meets up with the Ute Mountain reservation near the Four Corners Monument.

Heart said that idea is being discussed, but has legal and topographical challenges.

“From the San Juan River, it would require many miles of new pipe and pumping the water uphill before it could arrive at our farms,” he said.

Delivering it to the tribe via pipelines directly from higher Lake Nighthorse is preferred because it would be gravity-fed, he said. Piping it to Jackson Reservoir could allow it to be delivered via the Mancos River to reservation lands.

“Delivering it to our land gives us control of our water to grow our economy, expand our farms or build a new community on the east side,” Heart said.

Federal support is key to getting things done in Indian Country, he said, and Obama’s annual Tribal Nations Conference helps influence federal officials to act and secure funding.

“I have been so privileged to learn from you while visiting more tribal communities than any other President,” Obama said at the conference. “We haven’t solved every issue. We haven’t righted every wrong. But together, we’ve made significant progress in almost every area.”

Under the Obama administration:

  • The White House Council of Native American Affairs was created, a cabinet level office that focuses on Indian Country issues.
  • More than 428,000 acres of tribal homelands were restored back to their original owners, and the Cobell settlement was signed into law that established the $1.9 billion Land Buy Back Program to consolidate individual Indian lands and restore them to tribal trusts.
  • Reauthorized the Violence Against Women Act so that tribes can prosecute those who commit domestic violence against women in Indian Country, whether they’re Native American or not.
  • Provided health care services in Indian Country through the Affordable Care Act, including permanent reauthorization of the Indian Health Care Improvement Act.
  • Whiteskunk praised Obama for “elevating the voice of Native Americans and valuing us” during his administration. In her meetings with federal officials, she pushed for improved consultation with tribes on projects and laws affecting Native American lands.

    “We discussed in great length about how consultation is either weak, vague or not consistently applied,” Whiteskunk said.

    “As president he has reached out to work with Native Tribes,” Heart said. “He is the first president to hold these annual meetings, and the hope is that the next president will continue them, so we have to wait and see.”

    The road to Bears Ears via the Salt Lake Tribune.
    The road to Bears Ears via the Salt Lake Tribune.

    EPA lawsuit accuses Wildcat Mining Corp. of violating Clean Water Act near Durango

    wildcatmininglaplatacounty

    From The Denver Post (Bruce Finley):

    The EPA lawsuit, filed Monday in federal court, accuses Wildcat of violating the Clean Water Act by dumping fill material without permission into Little Deadwood Gulch as part of a road work to reach a mine portal. The gulch seasonally feeds water into the La Plata River. The EPA also contends Wildcat improperly enlarged the road and built a wastewater pond in wetlands.

    Wildcat has responded by negotiating a deal with federal prosecutors to settle the lawsuit, if approved by a judge. Wildcat would pay $50,000 in fines and begin work to restore the damaged creek.

    “As long as Wildcat/Varca pay the civil penalty and comply with the restoration and mitigation plan, they can go forward with their mining activities from EPA’s perspective, though subject to regulation by (the Colorado) Division of Reclamation Mining and Safety and other state entities,” U.S. Department of Justice spokesman Wyn Hornbuckle said.

    The feds said they’d make the consent deal available for public comment once it is published in the Federal Register.

    Wildcat owner George Robinson did not return phone calls and could not be reached to comment.

    Southwestern Water hears proposals for Dryside irrigation — The Cortez Journal

    Animas-La Plata Project map via USBR
    Animas-La Plata Project map via USBR

    From The Durango Herald (Jessica Pace) via The Cortez Journal:

    Options to pump Animas River water to Redmesa for irrigation were recently floated to the Southwestern Water Conservation District, though none of the projects have funding.

    The proposals would pump water uphill from the Lake Nighthorse intake to Redmesa Reservoir, east of the La Plata River and about four miles north of the New Mexico border.

    “The 700-foot elevation difference is the reason it hasn’t been done, and demand is the reason it won’t go away,” said Steve Harris, a water engineer who designed the projects. “Taylor Reservoir is an attempt to better use what little water is out there, but we’re still short-changed.”

    Under the 1922 La Plata River Compact, the state is required to send half of the La Plata River’s flow from Hesperus, when it is discharging at 100 cubic feet per second or less, to New Mexico. But hot summers, peak irrigation season and subsequent low flows can prevent Colorado from fulfilling this obligation.

    The Bobby K. Taylor Reservoir, just south of Redmesa, was designed to allow Colorado water users to divert water that would otherwise flow to New Mexico. Harris’ designs would offer another means of getting water to La Plata County’s Dayside…

    The proposals vary in construction and operational costs and size.

    One would pump 14 cfs from the Lake Nighthorse intake to Redmesa Reservoir, discharging at points along the way including at Long Hollow Reservoir. The cost of construction is estimated at $43.5 million.

    Another proposal, which would cost about $430 million to build, would pump 287 cfs through larger pipelines. This project would require new infrastructure because the 287 cfs would exceed existing infrastructure’s capacity.

    A third proposal would pump 14 cfs directly from the Animas River to Redmesa Reservoir for a construction cost of $58.5 million.

    Whitehead said it would be premature to name a preferred design, or say how a future project might be funded.

    “The important thing with all of them is that they all show there are benefits, and it comes down to refining them and seeing who would potentially partner with us.”