Click here to read the newsletter. Here’s an excerpt:
The Southern Ute Indian Tribe (the Tribe) is taking public comment on their proposed water quality standards and certification procedures from August 23 to October 22, 2021. Although the standards apply only to Tribal Waters on lands where the tribe has jurisdiction, they can affect permits and licenses issued upstream by EPA, the Army Corps of Engineers, the Federal Energy Regulatory Commission, and/or the State of Colorado, on and off the reservation. Permitting and licensing entities must consider any possible impacts that could cause violations of standards downstream to Tribal Waters.
For several years, the Tribe has been developing its authority to set water quality standards within their reservation boundaries. In 2018, the Tribe was granted “Treatment as a State” (TAS) by the EPA to receive delegated authority for sections 303(c) and 401 of the Clean Water Act to set water quality standards and certify that those standards will not be violated under certain federal permits and licenses. They did not apply for any permitting or enforcement authority. This current step is part of the Tribe’s process to promulgate its initial water quality standards and certification procedures.
Documents related to the Tribe’s TAS application as well as the proposed standards and procedures can be found here and here. Comments can be emailed to SUIT’s Water Quality Standards Committee at email@example.com. The Tribe will hold an online public hearing regarding the proposed standards on October 7th from 3:00 – 5:00pm. To pre-register, visit https://bit.ly/3wnzxAb.
Town outlines increased fines for periods of extreme drought
Bayfield has adopted the town’s first official drought management plan, creating a system of conservation restrictions and fines that would take effect during drought periods.
The board of trustees unanimously approved the drought plan during a board meeting Tuesday. The plan defines drought conditions and designates the corresponding response. In the most extreme drought conditions, the response will include strict conservation measures and increased fines.
No residents commented on the plan during the meeting, but several called Mayor Ashleigh Tarkington to express concerns about the fines, she said.
“Residents are just like, ‘Are you serious about these fines?’ They’ve always been there, but we’ve never really enforced them,” Tarkington said. “We do mean business. If we get that concerned about our water situation, we will go there.”
The plan outlines three drought phases: sustainable conservation, serious drought and extreme drought based on local conditions and water use.
Under sustainable conservation, the town restricts when households can use irrigation water. The restrictions include fines of $50 for the first offense, and $100 or $500 for second and third offenses.
During serious drought, the town helps high water users decrease use, discourages water-intensive landscape changes and initiates public awareness efforts. The same fines apply.
During an extreme drought, like 2002, all outside irrigation is reduced and all daytime irrigation is prohibited. Fines jump to $100 for a first offense and $200 or $500 for second and third offenses…
During six of the last 20 years, Southwest Colorado has found itself in a serious or extreme drought, according to criteria outlined by the plan.
Seven times over the last 20 years, Bayfield’s water allotment from the Los Pinos River has been restricted or cut off to ensure entities with more senior water rights could get their full allotment.
The town has water stored in Vallecito Reservoir, but increasing its use of the standby supply would lead to increased water bills for users.
The drought plan is meant to help town officials manage drought years like this one without increasing the water bill for residents, said Katie Sickles, town manager, in a previous interview.
Kugel was the General Manager of the Upper Gunnison River Water Conservancy District for almost 13 years, and is a registered Professional Engineer with a Civil Engineering degree from the University of Colorado – Denver. Frank was involved in construction engineering in the Denver area before joining the Colorado Division of Water Resources as a Dam Safety Engineer. He served in the Denver and Durango offices of DWR before moving to Montrose where he ultimately became Division 4 Engineer for the Gunnison, San Miguel and lower Dolores Basins. Frank joined the UGRWCD upon leaving DWR in 2006. He was a member of the Gunnison Basin Roundtable since its inception and chair of its Basin Implementation Planning Subcommittee.
WIP had a brief chat with Frank to give you a bit more information. Here are a few questions and answers from our conversation.
WIP: What experience and knowledge do you bring to the District?
Frank: I have been the General Manager of the Upper Gunnison River Water Conservancy District for the past 13 years. During that time I worked on local and statewide water issues and reported to an 11-member board. Prior to that, I was Division Engineer for Water Division 4, encompassing the Gunnison, San Miguel and lower Dolores River basins. As Division Engineer, I frequently attended SWCD board meetings and the SW seminar. Before that, I lived in Durango for 11 years while inspecting dams for the Colorado Division of Water Resources.
WIP: As the new Executive Director of SWCD, what is your vision for the district?
Frank: My vision as Executive Director is to build upon the many successes accomplished by the Southwestern Water Conservation District. I intend to work closely with the board of directors in developing policies that will help guide the district. Instream flows and drought contingency planning are two of the areas that could benefit from policy guidance.
WIP: What are some of your top priorities with/or within the district?
Frank: A top priority for me is to reach out to the local communities. I plan to attend a county commissioner meeting in each of the nine counties within my first year at the district. Working on Colorado River issues will also be a high priority.
WIP: What do you foresee being challenges?
Frank: Facing a future with reduced water supplies due to climate change, coupled with increasing population, is a challenge for all of Colorado. The Southwest District can play a lead role in educating our constituents about this pending gap between water supply and demand and how the District can mitigate its impact.
We welcome Frank Kugel to SWCD and wish him all the best in his new position!
The Southern Ute Indian Tribe Utilities Division will raise water and wastewater rates by more than 90% and 50%, respectively, starting Oct. 1.
The Southern Ute Utilities Division, administered by the Southern Ute Growth Fund, provides both treated drinking water and wastewater treatment for the tribal campus, local tribal members living near Ignacio and the town of Ignacio. Discussions of rates have caused a rift between the town and the tribe, said Mark Garcia, interim town manager. While the town and the tribe analyze their agreement, ratepayers are stuck paying ever-increasing water and wastewater utility rates.
“Wastewater and water rates are based on usage, and they’re going up,” Garcia said. Utility customers will be hit with the increase at different times, based on their level of use for water and/or wastewater. But for overall water and wastewater rates, “all levels of users will see probably an increase in their rates starting in 2020,” he said.
Starting Oct. 1, ratepayers will pay higher base rates for fewer correlating gallons of water. Water rates will increase from $32.80 per 8,000 gallons to $47.80 per 6,000 gallons, a 94% increase. The rates will jump again Oct. 1, 2020, to $62.80 per 6,000 gallons, a 156% increase over current rates, according to a July letter to Garcia from the tribe.
The town charges customers additional fees for billing, repairs and collections. Garcia said the town’s water fees will increase from $24.60 to $26.48 a month starting Jan. 1, 2020, a 6.4% increase.
Wastewater rates will also increase. Service users currently pay $72.09 per ERT, or Equivalent Residential Tap, per month. One ERT allows for 7,500 gallons of usage.
That billing system will change. The tribal utility will charge the town based on winter usage, not ERT. This shift will also make ratepayers pay more for fewer gallons. On Oct. 1, the rate will increase to $87.09 per 6,000 gallons, a 51% increase over current rates. Wastewater rates will jump again in 2020. Users will be charged $102.09 per 6,000 gallons, a 77% increase over current rates.
The town charges an additional $9.88 base rate to users for billing, repairs and collections.
According to Garcia, the average town customer uses 4,000 gallons of wastewater per month, so ratepayers are paying for more wastewater than they are using.
“With the new rates and winter flow basis, the rates that the tribe charges the town as a bulk customer will actually go down from the current bulk rate charged,” the tribe wrote in a June news release.
FromThe Durango Herald (Mary Shinn) via The Pine River Times:
While the region was blessed with a wet winter and spring, the town of Bayfield is investing in a plan to guide the town in dry times.
“Even though we’re getting dumped on right now, it’s not going to happen every single year,” Mayor Matt Salka said.
The Bayfield Board of Trustees unanimously agreed to spend $30,000 Tuesday on a plan that Wright Water Engineers will develop, Town Manager Chris La May said. Funding for the plan is coming from a Colorado Water Conservation Board grant.
The plan will assess the town’s vulnerability to drought and the best ways to respond in a worst-case scenario, he said.
“(The town) needs to have a plan that has a longer life than the election cycle or the term of the city manager,” he said.
The exceptional drought conditions last year especially demonstrated the need for a drought plan, which is expected to be completed in the next 8 to 10 months, La May said.
Bayfield relies on water from the Los Pinos Ditch, and by mid-summer there were questions about whether there would be enough water in the ditch to fulfill the town’s water rights because the rights are subject to the state’s priority water system.
When water is scarce, more senior water users have a right to the water before the town receives it.
The town owns water rights in Vallecito that can be called on when there is not enough water available for the town to draw from the Los Pinos Ditch.
Last year, the town’s leadership was constantly debating whether it was time to purchase more expensive water rights in Vallecito Reservoir, Salka said.
The plan would help determine the criteria for investing in more expensive water rights in the future, he said.
Here’s the latest installment of the Valley Courier’s Colorado Water 2012 series, written by Bruce Whitehead. Here’s an excerpt:
Southwestern Colorado’s rivers are unique in that many of the rivers and tributaries flow from north to south and are administered as independent river systems.
This is due to the fact that many, such as the Navajo, Blanco, Piedra, Pine, Florida, Animas, La Plata, and Mancos Rivers, are tributary to the San Juan River in New Mexico or just upstream of the state line. The Dolores River flows from north to south, but makes a “U-turn” near Cortez and heads back to the northwest and joins the Colorado River in Utah. The San Miguel River originates just above Telluride, and flows to the west where it joins the Dolores River just above the Colorado-Utah state line.
The southwest basin has many areas that are under strict water rights administration on a regular basis, but there is still water available for appropriation and development pursuant to Colorado’s Constitution and the Colorado River Compact. The region is also known for its beautiful scenery and recreation opportunities, which is the basis for the establishment of the Weminuche Wilderness area as well as nearly 150 reaches of streams with in-stream flow water rights. Over 50 natural lake levels are also protected by the state’s In-Stream Flow and Natural Lake Level Program.
Water leaders have been active for many years in the basin and recognized early on that in order to meet agricultural and municipal demands storage would need to be developed. The Southwestern Water Conservation District was formed in 1941, and has been responsible for the planning, development, and water rights acquisition for many of the federal projects in the region. Reservoirs such as McPhee (Dolores Project), Jackson Gulch (Mancos Project), Ridges Basin a.k.a Lake Nighthorse (Animas-La Plata Project), Lemon (Florida Project), and Vallecito (Pine River Project) provide for a supplemental supply of irrigation and municipal water in all but the driest of years. The delivery of these supplemental supplies assists with keeping flows in many critical reaches of river that historically had little or no flow late in the season due to limited supplies and water rights administration.
Southwest Colorado is also home to two Sovereign Nations and Indian Reservations that were established by treaty in 1868. Under federal law the Ute Mountain Ute Tribe and Southern Ute Indian Tribe were entitled to federal reserved water rights, which had the potential to create conflicts with Colorado water law and non-Indian water users in the basin. After nearly a decade of negotiations, a consent decree was entered with the water court that settled the tribal claims. The Tribal Settlement included some early dates of appropriation for the tribes, and a water supply from some of the federal storage projects including the Dolores, Animas-La Plata, Florida, and Pine River Projects. This landmark settlement is evidence that both tribal and non-Indian interests can be provided for with water storage and cooperative water management.
A Colorado Water Conservation Board grant will cover $475,000, with the remainder coming from the Southwest Basin Roundtable’s share of the Water Supply Reserve Account. Ground breaking is scheduled Nov. 13. Water will be available for the district’s first customers next year, Steve Harris, the district’s engineer, said Friday. Longrange plans envision serving 400 square miles, first in southeast La Plata County and later southwest Archuleta County…
The pipeline will follow Bayfield Parkway from the roundabout on County Road 501 to County Road 509, then south along County Road 509 to County Road 510, where it will turn west…
The district’s water will come from the city of Bayfield treatment plant, the capacity of which is to be expanded from 1.5 million gallons a day to 2.5 mgd. The plant currently treats 900,000 gallons a day…
The first two miles of pipeline will be 14 inches in diameter to accommodate several laterals, Harris said.
“Once we get into the rural area, we’ll use 8inch pipe,” Harris said.
The report, titled “Natural Acid Rock Drainage Associated with Hydrothermally Altered Terrane in Colorado,” was recently given an award by the Geological Society of America as the best environmental publication of 2011. The report identifies a number of high-country streams in Colorado, including Red Mountain Creek, where surface water is acidic and has high concentrations of metals upstream of historic mining.
“Of course, the mining made it much, much worse,” commented Don Paulson, a former chemistry professor who is now curator of the Ouray County Historical Museum. Paulson has followed efforts to identify sources of stream pollution and the remedial measures undertaken to improve water quality in the Uncompahgre River and its tributaries.
There was a big push to clean up the water affected by mine waste (and the role it plays in the inability of high country waterways to support aquatic life) in the 1980s. At that time the Colorado Department of Health (now Colorado Department of Public Health and Environment) first sued under the Superfund Act, then negotiated with Idarado Mining and its parent company, Newmont Mining, substantial cleanups on both the Telluride and Ouray sides of the mountain. The Telluride side saw improvements to the water quality of the Upper San Miguel River. But the acid pH and the levels of zinc and other minerals in Red Mountain Creek has not changed significantly despite Idarado’s remediation in the area of the Treasury Tunnel.
The Colorado Water Conservation Board hosted an informational meeting Wednesday about its Drought Assessment for Recreation and Tourism, or DART. CWCB designed the program to fill gaps in the state’s drought impact data — which had been focused more on agriculture — and provide county-specific assessments.
“This is the first time anyone has done an assessment like this in the U.S.,” said Taryn Hutchins-Cabibi, a CWCB official who traveled to Telluride to reach out to potential survey coordinators and participants. She called the I-70 corridor a threshold region and said the area south of it needs more detailed drought impact analysis. “Anything below I-70 seems to be more susceptible to drought.”
Hutchins-Cabibi sought more survey participants affected by drought, finding representatives from the Telluride Foundation, Mountain Studies Institute and other organizations around town at Wednesday’s meeting. But Hutchins-Cabibi said she needed as many participants as possible to make the survey more accurate. Honed in on the San Juan, San Miguel and Dolores River watersheds, DART’s Southwest Colorado component will evaluate a region of the state where tourism is particularly prone to the effects of drought.
A preliminary list of industries DART will evaluate includes skiing, wildlife viewing, hunting, fishing, camping, golf, boating and rafting. Meeting attendees offered a number of other suggested industries from which to seek input; everything from dog sledding and horseback riding to dude ranch operation. Cooperation with the Colorado Department of Corrections — which maintains fisheries in Cañon City — was also suggested.
While DART’s main collaborators are CWCB, the Colorado Department of Agriculture and Colorado State University, the study incorporates a long list of other participants: Colorado State Parks; the Colorado Division of Wildlife; the Colorado Tourism Office; the National Park Service; the U.S. Bureau of Land Management; the U.S. Forest Service; Ft. Lewis College; the University of Colorado; area tribal communities; Telluride, Silverton and Durango Mountain Resorts ski areas; and the River Rafting Association.
According to the National Weather Service, La Niña, a condition where colder-than-average sea surface temperatures off the coast of Peru push the jet stream further north, usually dumps precipitation farther north. First hitting the Pacific Northwest, these systems tend to travel through the Northern Rockies before expiring over the Ohio River Valley.
“Colorado is the transition zone where the northern mountains get more snow than the southern mountains,” said Dennis Phillips, a meteorologist at the NWS station in Grand Junction. Droughts and fires across the Front Range and Southern Plains suggest that conditions this season will most likely resemble last year’s, although cold air masses in the Arctic could cause conditions in Colorado to change quickly. But although Arctic weather conditions can impact weather in the Rockies more rapidly than South American sea surface temperatures, forecasters are unable to predict its impact further than two weeks in advance…
Joe Ramey, another of NWS Grand Junction’s team of meteorologists, said that precipitation during the weeks leading up to the April ski area closure approached average levels. He compared this year to the 2000-2001 winter season, which produced La Niña weather patterns after a La Niña had occurred the year before.
“The 2000-2001 season gives us the best idea of what will happen this year,” he said, adding that he expected below average precipitation in the Southern San Juan Mountains. From Telluride north, he expects near average snowfall, especially toward the end of the season.
The Durango Herald reports BP America Production Co. and others had sought claims to nontributary groundwater, which isn’t considered connected to surface streams. Water Judge Gregory Lyman said last month that state law gives landowners the right to such water under their property, so companies need landowners’ consent first.
The town board approved updates to the town’s grease trap ordinance in March, to require more business accountability for grease trap and interceptor maintenance. It lists penalties but states intention to seek voluntary compliance first…
Saba told the Times that the grease issue is not just restaurants. It’s residential customers too. “We have a pretty good idea of a resident dumping motor oil” into the system, he said. He urges residential customers not to put grease down the drain.
The 4-3 ruling solidified water rights for the King Consolidated Ditch Co. and seven others. The companies wanted to make sure their 1930s-era rights are protected against a plan to fill Vallecito Reservoir twice a year in order to maintain winter flows in the river…
Lawyers for the [Southern Ute] tribe argued the Utes and about 100 other water rights owners on the Pine River should have been served with legal notice that the ditch companies – which own the some of the most senior water rights on the stream – were going to court to clear up their rights. “This is a declaration that affects not particular water rights, but virtually all senior water rights on the Pine River,” said Adam Reeves, a lawyer for the tribe, during September’s arguments.
The high court was sharply divided on its March 14 ruling. Dissenting Justice Nancy Rice called the ruling a precedent that “opens the floodgates for the scope of already-adjudicated water rights to be revisited and reinterpreted without direct notice to rights holders.”
The water district, created in 2004, wants to provide drinking water in a 400-square-mile area in southeastern La Plata County and southwestern Archuleta County. La Plata County would be developed first. But before it can move ahead, residents must agree to tax themselves to pay for planning, capital improvements, construction, maintenance and administration. If they approve ballot Issue A, voters are authorizing a levy on the market value of their property of 5 mills (half a penny), expected to raise $5.1 million in 2011. The levy could vary in future years but may never exceed 5 mills. The 5-mill levy would cost the owner of a $200,000 house $7 a month.
[Board president Dick Lunceford] and Amy Kraft with Harris Water Engineering, the district’s consulting engineer, told commissioners they’ll soon begin discussing technical issues with county planners and the Southern Ute Indian Tribe on whose reservation much of the area to be serviced lies. They’ll also be evaluating the project’s overall viability in light of possible drops in revenue, Kraft and Lunceford said. BP is the largest gas producer and the largest source of property-tax revenue for the district. But as gas production eventually falls off, so will revenue. For now, however, a 5-mill property tax levy – applied to the $1.2 billion of assessed value in the district – will produce the $5.1 million annually that the district anticipates, Lunceford said…
The district has several water sources in mind, Lunceford said. For starters, it owns a total of about 22 cubic feet a second from the Piedra, Pine, Animas and Florida rivers. It also is interested in buying 500 to 1,000 acre-feet from the state if Colorado exercises its right to Animas-La Plata Project water. The district has its eye on leasing 200 to 300 acre-feet from the Pine River Irrigation District. The district will need an estimated 2,750 acre-feet to serve about 5,000 customers in the two counties over the next 20 years…
Eventually, a joint water-treatment plant with Bayfield is anticipated, Lunceford said. But whether it would be constructed before a treatment plant at the base of Lake Nighthorse, the A-LP reservoir, depends on which water source comes on line first, he said. If the A-LP is developed first, distribution lines would be extended to Florida Mesa. If the joint project with Bayfield comes about first, Gem Village and points south and west would be the first area to receive district water.
Meanwhile State Senator Bruce Whitehead is pushing the state of Colorado to buy water from the Animas-La Plata project, according to a report from Joe Hanel writing for The Durango Herald. From the article:
The proposed sale – financed by state natural-gas and oil tax money – raises the question of why the state should buy the same water that the tribes can get for free. “I might have the same question,” said Scott McElroy, an attorney for the Southern Ute Indian Tribe.
The answer lies in control of the water. “It comes down to whether you would rather own the water or do long-term leases,” Whitehead said. Whitehead was the executive director of the Southwestern Water Conservation District until last year, when he filled a vacancy in the state Senate. The district has pushed the state for years to buy rights in the Animas-La Plata Project.
The Southern Ute tribe also welcomes state participation, McElroy said. But if the state doesn’t buy in, the tribe is willing to talk with local water districts about supplying water, McElroy said at a Colorado Water Conservation Board meeting on March 29…
The new La Plata Archuleta Water District wants to buy up to 1,400 acre-feet from the state. The La Plata West Water Authority also has told the state water board it is interested in buying water out of the state’s future share. The La Plata Archuleta district has not talked to either Ute tribe about leasing water, said Steve Harris, the district’s consulting engineer. The district would need the lease to be permanent, Harris said. “But if they were reasonable terms, of course, we’d be willing to talk,” Harris said…
The federal government built the reservoir [Lake Nighthorse] primarily to settle American Indian water rights claims. Both the Southern Ute and Ute Mountain Ute tribes get 33,050 acre-feet, enough to turn the tribes into two of the biggest water owners in the Four Corners. Smaller amounts go to the Navajo Nation and water districts in Colorado and New Mexico. The state of Colorado has an option to buy 10,460 acre-feet, half of which could be consumed in any year. It’s roughly enough water for a city the size of Durango. If Colorado does not buy the water, it would go to each Ute tribe in equal parts…
On Thursday, the Senate Agriculture and Natural Resources Committee will consider an amendment to House Bill 10-1250 to spend $36 million over three years to buy the water from the federal government…
The last two years, the Legislature has raided most of Colorado’s water funds in order to balance the budget. An improved forecast for gas and oil tax money has given state officials the confidence that they will have enough money to complete the Animas-La Plata deal.
Ballots for the election will be mailed to residents in the district on Thursday, according to a report from Dale Rodebaugh writing for The Durango Herald. From the article:
Votes must be cast by May 4. Voters may mail their Issue A ballot or hand-carry it to the office of Harris Engineering, the district’s consulting engineer.
Voters are asked to approve a 5 mill (half a penny) property-tax increase to raise $5.1 million in 2011, and future mill levy increases cannot exceed 5 mills annually. Approval of Issue A also would remove the La Plata Archuleta Water District’s revenue limit set by the Taxpayer’s Bill of Rights Amendment – allowing it to spend such proceeds and any other revenue such as from grants.
The mill levy could be adjusted annually by the district’s board of directors. [ed. This is the TABOR exemption — the mill levy adjustment does not require taxpayer approval.]
“We’ve been working on the master plan over the summer,” Steve Harris, the principal in Durango-based Harris Water Engineering, said Thursday. “It will identify sources of water and the general layout of the pipelines and the order of installation.” The Animas and Pine rivers are the desired choices to provide water for the system, Harris said. Although no sources of water have been secured, the district would like to get half from the Pine, half from the Animas. Pine River water would be taken from the diversion point used by the town of Bayfield, which would partner with the water district in building a new water-treatment plant next to the town’s existing plant, Harris said. The water would serve customers in the eastern part of the district, Harris said. Animas River water, which would serve residents on Florida Mesa, would be diverted from the outlet on the Ridges Basin dam southwest of Bodo Industrial Park, treated at a plant yet to be constructed and then piped to Florida Mesa, Harris said…
Harris said there are 4,000 houses in the water district service area, but not all need or want a connection. Projections estimate the district will have 4,000 customers over 50 years. “But the advantage is that even without a single new house, the system is feasible,” Harris said. “It is not dependent on growth.” The district has been a long time in coming, Harris said. Most rural communities on the Western Slope have drinking-water systems, he said. Harris said the state agency grant allows work to continue on the master plan and permit acquisition from the U.S. Army Corps of Engineers, the Colorado Department of Public Health and Environment and La Plata County.
More coverage of the recent CWCB grants from The Denver Post:
The Colorado Water Conservation Board has awarded $3.3 million in grants to 14 water projects across the state and approved more than $2 million in loans for four projects. Director Jennifer Gimbel says the grants included two totaling about $1 million to address water supplies and infrastructure in the south Denver area. The Fort Morgan Reservoir and Irrigation Co. in eastern Colorado will get a $670,000 grant in part for a wetlands project.
On Monday, [U.S. Senator Mark Udall] proposed a bill that, if passed, will repair the decrepit system that pumps irrigation water from Vallecito Dam to serve a 13,000-acre tribal and nontribal area. The irrigation system funded by the federal government has been neglected and meets only about 60 percent of the acreage it is intended to serve, Tara Trujillo, Sen. Udall’s communication director, said in an e-mail. “Currently, people who live farthest away from the project seldom get the water allocated to them, even though they pay operating and maintenance fees (to the Bureau of Indian Affairs for Native American tribes),” she said.