Loveland: Solar to replace hydro from damaged Idylwilde dam

Idylwilde Dam via Loveland Water and Power
Idylwilde Dam via Loveland Water and Power

From TheDenverChannel.com (Kurt Sevits):

The city of Loveland has finished work on a large-scale solar power installation that aims to replace the damaged Idylwilde hydroelectric dam.

The dam, built in 1917, was badly damaged in the Sept. 2013 floods that devastated the Front Range corridor.

Loveland received about $9 million in disaster recovery funds from the Federal Emergency Management Agency to construct the new Foothills Solar and Substation project, which the city says is capable of producing more power than the dam.

The Idylwilde Dam’s hydroelectric facility was capable of producing 900 kilowatts of electricity before it was removed. The new solar project, on the other hand, has a capacity of 3.5 megawatts, more than tripling the output of the dam.

City officials said the solar project is expected to produce about 6,813 megawatt hours of electricity each year — enough to power about 574 homes.

To produce as much power as possible, the array uses solar tracking technology, which allows the panels to move throughout the day so they’re always facing the sun.

Boulder-based Namaste Solar designed and built the solar array.

The city said the project is the first energy-producing facility to receive approval through FEMA’s “Alternate Project” program, which permits the use of federal money for new construction when restoring a damaged building isn’t considered to be in the public interest.

$5.1 million of the FEMA funds were used to build the solar array. The remainder will be used to construct an electric substation on the site. It’s expected to be completed in the spring.

Early season turnaround bodes well for water supply

Mile High Water Talk

Despite a parched start to winter, snowpack levels are on track thanks to a snowy December and early 2017 storms.

Denver Water's Winter Park crew works around the clock to ensure facilities are accessible during snowstorms. Denver Water’s Winter Park crew works around the clock to ensure facilities are accessible during snowstorms.

By Travis Thompson

Like carpenters, water supply managers use an assortment of tools to get the job done. But instead of tape measures and hammers, their tool boxes are filled with charts and graphs, computer models and good old-fashioned experience.

With 80 percent of Denver’s water supply coming from snowmelt, no tool is used more during the winter months than the charts showing snowpack levels in the mountains above Denver Water’s facilities.

And this year is proving to be one of the more interesting in recent memory.

With more than half of the snow season still ahead, water managers have already seen near historic lows and highs to kick off the winter.

“Our…

View original post 348 more words

Stormwater improvement projects in Greeley’s Sunrise Neighborhood near completion — Greeley Tribune

Greeley in 1870 via Denver Public Library http://photoswest.org/cgi-bin/imager?10009071+X-9071
Greeley in 1870 via Denver Public Library http://photoswest.org/cgi-bin/imager?10009071+X-9071

From the City of Greeley via the The Greeley Tribune:

In 2016, the city of Greeley worked on several drainage improvement projects in the Sunrise Neighborhood.

A study was done to define and prioritize the drainage solutions for the neighborhood, and it found many of the existing storm sewers in the neighborhood were over 100-years-old, narrow, damaged or failing. Through a series of projects, the city has replaced many of the damaged pipes to improve drainage and reduce flood potential to properties and public areas, according to a news release.

Stormwater staff held public meetings, and visited ABC East Child Development Center in the neighborhood to teach children what was happening with the construction in their neighborhood and had all of the kids decorate and sign some of the stormwater pipes that were installed underground.

In 2017, Stormwater work will resume in the area along 9th Street and 6th Avenue to further improve the drainage system in the neighborhood.

Go to http://OperationRainDrain.com to keep informed about this and other projects to improve drainage and reduce flooding issues.

‘As the Poudre Flows — Forest to Plains’ theme of Poudre River Forum

Scott Hummer, general manager of North Poudre Irrigation Company, talks about how his agency worked with Fort Collins Natural Areas and Colorado Parks and Wildlife to include a fish passage when the irrigation company replaced a diversion structure on the Poudre River that was destroyed by the 2013 floods. Work was completed [in February 2016]. (Pamela Johnson / Loveland Reporter-Herald)
Scott Hummer, general manager of North Poudre Irrigation Company, talks about how his agency worked with Fort Collins Natural Areas and Colorado Parks and Wildlife to include a fish passage when the irrigation company replaced a diversion structure on the Poudre River that was destroyed by the 2013 floods. Work was completed [in February 2016]. (Pamela Johnson / Loveland Reporter-Herald)

Here’s the release from Colorado State University (Jim Beers):

The Cache la Poudre River, which flows from the mountains through Fort Collins, Timnath and Windsor to the plains east of Greeley, is at the heart of countless activities: from irrigating crops and lawns to providing drinking water for more than 365,000 people and hosting numerous recreational activities.

Those with connections to and concerns for the Poudre River will gather on Friday, Feb. 3 for the fourth annual Poudre River Forum. After its first three years at Larimer County Fairgrounds, the forum is moving down the river to Greeley as a reminder that the Poudre River is important to all who benefit from it — from its headwaters to its confluence with the South Platte. This year’s forum — the theme is “As the Poudre Flows — Forest to Plains” — will be held from 8:30 a.m.-4:30 p.m. at the Island Grove Events Center, 501 N. 14th Ave., Greeley. Pre-registration is required for all participants.

Understanding the river, each other

Sponsored by the Poudre Runs Through It Study/Action Work Group, the forum serves as a community-wide gathering of people from agricultural, municipal, business, recreational and environmental backgrounds to learn about and discuss issues related to the Poudre River.

“The Poudre River Forum brings together those who use the river for agricultural and urban diversions and those who work to improve its ecological health. In the past those groups have not necessarily seen eye to eye,” said MaryLou Smith, PRTI facilitator. “Increasingly our participants are open to the idea that it takes collective vision and action to make the Poudre the world’s best example of a healthy, working river.”

Once again, this year’s event will be facilitated by the Colorado Water Institute at Colorado State University. “The Forum is a great opportunity for the communities connected by the Poudre River to come together to better understand the entire watershed, and each other,” said Reagan Waskom, director of CWI.

Forests and water quality/quantity

Laurie Huckaby with the U.S. Forest Service, will present “The last 1,000 years in the Poudre according to the trees,” to kick off the topic of how important the upper watershed is to water quantity and quality.

“Water quality and forests are inextricably linked,” said Joe Duda of the Colorado State Forest Service, who will join Huckaby as one of the presenters. “Forest conditions and insects, disease and fire all can have profound impacts on water flow and quality. Only healthy, resilient forests can continuously supply clean water.”

Global lessons for local success

“Finding the Balance: Managing Water for People and Nature” is the message of keynote speaker Brian Richter. Richter has been a global leader in water science and conservation for more than 25 years, and currently serves as chief scientist for the Global Water Program of The Nature Conservancy in Washington D.C. Richter’s ideas about the importance of recognizing the balance of working river/healthy river are the basis for which PRTI was initially formed. He has consulted on more than 120 water projects worldwide, and has served as a water advisor to some of the world’s largest corporations, investment banks, the United Nations, and has testified before Congress on multiple occasions. Richter co-authored,with Sandra Postel, the 2003 book Rivers for Life: Managing Water for People and Nature and in 2014 wrote Chasing Water: A Guide for Moving from Scarcity to Sustainability.

Change affects all sectors

An afternoon panel session will probe the impacts of change — positive and negative — along the Poudre River and how they have been similarly and differently addressed by agriculture, urban, and environmental sectors. They will discuss what anticipated future changes might these three sectors see as opportunities or incentives for mutually beneficial collaboration that could result in a healthier, working river?

“It has been said that the only thing that is constant is change,” said John Bartholow, retired ecologist from U.S. Geological Survey, and panel coordinator/moderator. “The question is, can we learn to adapt to those changes sure to come on the Poudre in ways that benefit agriculture, municipalities, and the environment?”

The panel will include Eric Reckentine, deputy director, City of Greeley Water and Sewer; John Sanderson, director of science, Nature Conservancy of Colorado; and Dale Trowbridge, general manager, New Cache la Poudre Irrigating Company.

Videos, displays and music too

The day-long forum also includes “River Snapshots” highlighting more than 15 projects undertaken by a variety of groups on the Poudre last year; “My How the Poudre Has Changed,” featuring historical 1970’s footage of the Poudre; updates from both the cities of Greeley and Fort Collins on current water programs; and over two dozen river-focused displays from community organizations and agencies. The day concludes with a social hour including food, beer and other beverages, and river-themed door prizes.

Registration is $50 and includes lunch. Scholarships for students and reduced rates are available. The deadline to register is Friday, Jan. 27 at http://prti.colostate.edu/forum_2017.shtml.

For more information, contact event coordinator Gailmarie Kimmel at PoudreRiverForum@gmail.com or 970-692-1443.

“Colorado water law…there is not such a thing as absolute certainty” — Eric Wilkinson

Windy Gap and C-BT Granby area facilities
Windy Gap and C-BT Granby area facilities

From The Longmont Times-Call (Karen Antonucci):

Officials in charge of the Windy Gap Firming Project are checking to make sure that a Dec. 7 Colorado Supreme Court decision won’t adversely affect the $387.36 million transmountain water diversion project that will benefit the Front Range…

…in December, the Colorado Supreme Court sided with western slope interests against Aurora in case that had to deal with pumping western slope water across the continental divide and storing it on the eastern slope. Aurora had a one-half interest in the Busk-Ivanhoe Diversion Project in western Colorado.

Jim Pokrandt, spokesman for the Colorado River District, said the case relied on storage rights for the water.

“The big crux of the Aurora case is that they didn’t have the storage rights for the transmountain water that they took,” Pokrandt said. “So I’m sure what a lot of folks are doing is looking at their water decrees and seeing if they actually have decreed storage rights for transmountain water. That’s the question for the Windy Gap Firming Project.”

Pokrandt said that in the Colorado River District’s view, the court made the right decision.

“Our position is that water law is water law and under ordinary water law, you need a water right to store water. And Aurora argued that transmountain water didn’t need an exact water right to store it,” Pokrandt said. “But, no you do need that because water law is water law and there’s nothing special about transmountain water.”

The municipal subdistrict of the Northern Colorado Water Conservancy District is leading the Windy Gap Firming Project.

Eric Wilkinson, general manager of the municipal subdistrict, said they have staff researching to make sure the Aurora decision is unique to the case and to verify that the Windy Gap Firming Project is on legally stable ground moving forward.

“The Busk-Ivanhoe decision has a very significant application statewide … what the (Colorado) Supreme Court decision did is apply, in essence, 2016 water rights administration and laws to a decree that is dated 1928,” Wilkinson said.

Wilkinson added that staff are verifying that they have the water decrees to store Windy Gap water on the within the basin of use, which would be on the western slope.

Northern Spokesman Brian Werner said they are fairly certain the Colorado Supreme Court decision shouldn’t have major impacts on the Windy Gap Firming Project, which has been in the works since 2004.

“I want to emphasize that intent to store, we’ve had that all along with the Windy Gap Firming Project,” Werner said. “So if you’re asking what the impact (of the decision) is on the Windy Gap Firming Project, I can tell you there shouldn’t be any.”

Wilkinson added that with Colorado water law, nothing is certain forever.

“That’s the intent of our research to get to that point (of certainty),” Wilkinson said.

“But in Colorado water law and some of the interpretations that come out, there is not such a thing as absolute certainty. This Busk-Ivanhoe decision introduced some change in thought that didn’t exist before so say ‘here’s how it will be always and forever in absolute certainty’ is probably unreasonable, but we’re trying to get to a reasonable amount of certainty.”

Colorado transmountain diversions via the State Engineer's office
Colorado transmountain diversions via the State Engineer’s office

Coyote Gulch contributor Brent Gardner-Smith took a deep dive into the decision to extract a summary of the water court process for a change of use. Below is his email:

John,

You might appreciate this. In the midst of the Busk opinion is summary of the factors that go into changing a water right. I’ve stripped it of the legal references, but otherwise, it’s the court’s words. Thought you might appreciate it. Not sure what else to do with it yet.

BGS

Under Colorado’s doctrine of prior appropriation, a water right is a usufructuary right that affords its owner the right to use and enjoy a portion of the waters of the state.

One does not “own” water, but owns the right to use water within the limitations of this doctrine.

The touchstone of Colorado’s prior appropriation doctrine is beneficial use. That is, an appropriator perfects a right to use water by applying a specified quantity of unappropriated water to a beneficial use.

“Beneficial use” is “that amount of water that is reasonable and appropriate under reasonably efficient practices to accomplish without waste the purpose for which the appropriation is lawfully made.”

Colorado water law has long recognized the right of water users to make changes to the terms of their decrees—including changes to the type, place, or time of beneficial use; changes to the points of diversion; changes to storage; and changes from direct flow to storage and subsequent application and vice versa.

Permanent changes to a water right must be decreed through the adjudication process established by the legislature … and … parties wishing to change the use of a water right must obtain a water court decree allowing the change in use.

It is inherent in the notion of a ‘change’ of water right that the right itself can only be changed and not enlarged.

This is a basic predicate of water law dating to the nineteenth century; a change application merely continues the rights decreed in the original appropriation in a new form and may not expand the amount of water actually used under the original decree.

In other words, “the right to change a water right is limited to that amount of water actually used beneficially pursuant to the decree at the appropriator’s place of use.”

Thus, in order to determine that a requested change of a water right is merely a change, and will not amount to an enlargement of the original appropriation, the court must quantify the historic use of the right to some degree of precision.

Quantification of the amount of water beneficially consumed pursuant to the decree guards against rewarding wasteful practices or recognizing water claims that are not justified by the nature or extent of the appropriator’s actual need.

An absolute decree confirms that a right of appropriation has vested; the decree entitles the appropriator to use that right through its decreed point of diversion in a specified amount, usually expressed as a flow rate (for a diversion right) or in acre-feet of water (for a storage right).

The term “historic use” refers to the “historic consumptive use” or “historic beneficial consumptive use,” attributable to the appropriation of that quantity of water historically consumed by applying the water to its decreed beneficial use.

However, because “the period and pattern of use are not known with certainty at the time a water right is adjudicated,” the decreed flow rate at the decreed point of diversion is not the same as the matured measure of the water right.

Rather, over an extended period of time, “a pattern of historic diversions and use under the decreed right for its decreed use at its place of use” will become the true measure of the mature water right for change purposes, typically quantified in acre-feet of water consumed.

Crucially, proper analysis of the historic consumptive use of a water right measures the amount of water both actually and lawfully used in accordance with the decree.

Because beneficial use defines the genesis and maturation of every appropriative water right in this state, every decree includes an implied limitation that diversions are limited to those sufficient for the purposes for which the appropriation was made.

Importantly, the actual historic diversion for beneficial use may be less than the decreed rate because, for example, “that amount has simply not been historically needed or applied for the decreed purpose.”

Indeed, we have often observed that when an appropriator exercises the right to change a decreed water right, he runs the real risk that the right will be requantified at an amount less than his original decree, based on the actual historic consumptive use of the right.

In short, an initial change application reopens the original decree for determination of the true measure of the appropriative right’s consumptive use draw on the river system.

In sum, “the fundamental purpose of a change proceeding is to ensure that the true right — that which has ripened by beneficial use over time — is the one that will prevail in its changed form.”

The decision is actually a page-turner for water wonks.

Big snow for Fort Collins

Westwide SNOTEL basin-filled map via the NRCS.
Westwide SNOTEL basin-filled map via the NRCS.

From The Fort Collins Coloradoan (Jacy Marmaduke):

It never looked like a blizzard outside, but three straight days of snow landed Fort Collins with upwards of 9 inches in the city’s northern reaches and at least 7 inches everywhere else by the end of Thursday. That makes it the biggest snow storm Fort Collins has seen this season and pushed the city above its average for this time of year.

BLM, Park County monitor water quality at former Fairplay landfill

aspenssouthpark0909

From the Bureau of Land Management via the The Chaffee County Times:

The Bureau of Land Management and Park County have discovered the presence of dioxane, an industrial chemical, within a closed municipal landfill and on surrounding public lands approximately one mile south of Fairplay.

According to the Colorado Department of Public Health and the Environment, the chemical exceeds regulatory limits but would not cause harmful health effects based on detected levels of exposure.

Currently, the dioxane has been detected only on public lands. The BLM and Park County will conduct additional monitoring efforts to determine the nature and extent of contamination.

The BLM leased 20 acres of public land to Park County in 1974 for use as a landfill under the Recreation and Public Purposes Act. Park County operated the landfill from the early 1970s to the early 1990s.

The BLM Royal Gorge Field Office has been working with Park County and CDPHE to bring the landfill into compliance.

As part of this effort, the BLM installed two groundwater monitoring wells earlier this year to evaluate water quality.

If you are concerned about your health, you can drink and cook with bottled water to limit your exposure. BLM is notifying adjacent landowners directly.

Local landowners can contact Sheila Cross, Park County, at 719-839-4272 or scross@parkco.us to arrange groundwater testing or for more information on monitoring efforts.