#Nebraska Must Act Now to Secure Our #Water — Governor Pete Ricketts #SouthPlatteRiver

The South Platte River Basin is shaded in yellow. Source: Tom Cech, One World One Water Center, Metropolitan State University of Denver.

Click the link to read the release from Nebraska Governor Pete Ricketts office:

Nebraskans know every drop of water is precious. Agriculture is our top industry. It makes up 20% of our economy, and it generates one in four jobs in our state. Access to water makes this possible. We have the most irrigated acres of cropland in the country. Three of eight acres of farmland in Nebraska are irrigated.

Fifty years ago, far-sighted Nebraskans set up a system of water management, including our Natural Resources Districts (NRDs), that has allowed us to manage our water based on river basin. This has allowed our state to maintain the Ogallala Aquifer within one foot of where it was in the 1950s.

The Ogallala aquifer, also referred to as the High Plains aquifer. Source: National Oceanic and Atmospheric Adminstration

By contrast, Colorado has mined their water. The Ogallala Aquifer under Colorado has dropped nearly 15 feet since the 1950s. Now, Colorado is aggressively planning new developments that threaten Nebraska’s water resources. Last year, Colorado released their South Platte Basin Implementation Plan. It was updated last month and now includes 282 total projects to meet their growing demands. Altogether, these projects cost an estimated $9.8 billion.

Governor Clarence J. Morley signing Colorado River compact and South Platte River compact bills, Delph Carpenter standing center. Unidentified photographer. Date 1925. Print from Denver Post. From the CSU Water Archives

Thankfully, 100 years ago Nebraskans negotiated an agreement with Colorado over the use of South Platte River water. The South Platte River Compact (Compact) was signed by Nebraska and Colorado in 1923 and ratified by Congress in 1926. It entitles Nebraska to 120 cubic feet per second (cfs) of water from April 1st through October 15th (irrigation season) and 500 cfs of water from October 16th through March 31st (non-irrigation season). Under the Compact, we can only claim our non-irrigation season water entitlement by building a canal and reservoir system—known as the Perkins County Canal—along the South Platte River. Until we build the canal, Colorado has no obligation to deliver the water.

South Platte River Storage Study Area. Illustration shows water availability, in blue circles, compared with demand at various places along the South Platte River. The yellow area is the study area. (Illustration by Stantec).

As Colorado’s desire for water grows, they’re acting as if Nebraska’s non-irrigation season water rights under the Compact don’t exist. In 2016, the Colorado Legislature passed HB16-1256, the South Platte Water Storage Study, into law. Its purpose was to identify water storage options along the lower South Platte River. Colorado wants to make sure no water “in excess of the minimum legally required amounts” gets to Nebraska. In the study’s final report, Colorado clearly assumes that Nebraska’s legal requirement is only the 120 cfs during irrigation season. Since we haven’t built the canal, Colorado is not planning to deliver any water to us during non-irrigation season. Zero.

The good news is that the Compact gives Nebraska undeniable authority to construct a canal to claim our non-irrigation water flow. It even gives us legal entitlement to land in Colorado to build it. Senator Dan Hughes, of District 44, has prioritized LB 1015, authorizing the Department of Natural Resources to design, construct, and operate the Perkins County Canal and reservoir system. My budget recommendation to the Legislature includes $500 million for the project. This is a bargain compared to the nearly $10 billion Colorado is preparing to spend on their water resources.

Our proposed canal has caused a stir in Colorado. In response to our plans, a legislator in Colorado introduced SB22-126 earlier this month to prioritize water storage projects in the South Platte Basin. Colorado’s leaders believe that “possession is nine-tenths of the law.” I am concerned that even though Nebraska has clear entitlements to South Platte River water under the terms of the Compact, it will be difficult for us to claim what we are owed once municipalities in Colorado become reliant on the water.

There’s no doubt that Colorado plans to take the 500 cfs of water guaranteed to Nebraska during non-irrigation season under the Compact. On February 7th, a coalition of water districts gave a presentation to the Colorado Legislature on ways to shore up South Platte River resources. The presentation indicates that Colorado only recognizes its 120 cfs delivery commitment to Nebraska during irrigation season. In other words, the presentation assumes Nebraska is not entitled to receive a single drop of South Platte River water for almost half the year.

We must take action now to protect this water from being taken. Our ag producers rely on it for irrigation. Communities along the Platte River use it for drinking water. The water is critical to power generation in Nebraska, and our natural habitats along the Platte depend on these water flows.

People have asked, “why not slow down and discuss reworking the terms of the compact?” Any renegotiation would take time to hammer out. It would require approval from the Colorado Legislature and Nebraska’s Unicameral. What are the odds of that happening anytime soon? Keep in mind: delays only benefit Colorado. Remember, Colorado is trying to accelerate their work along the South Platte River. Pausing our plans, while they move full steam ahead, would put us at risk. The longer we delay, the more we risk losing access to the water we’re due.

This month, I’ve held town halls across the state to inform Nebraskans about our water rights with Colorado. There has been overwhelming support for moving forward on the canal. People understand that the price of inaction is far higher than the funding needed to secure our water rights. I’ll encourage you to do what I asked of them: contact your state senator to let them know your thoughts on LB 1015. The passage of this bill is a necessary first step.

Fifty years from now, Nebraskans will look back on this generation. Will they say we had the foresight to secure our water resources? Or will they say this generation failed?

If you have questions about the proposed canal, write me at pete.ricketts@nebraska.gov or call 402-471-2244.

Canal proposal seeks to preserve #Nebraska #water rights under #SouthPlatteRiver compact with #Colorado — Unicameral Update

The Platte River is formed in western Nebraska east of the city of North Platte, Nebraska by the confluence of the North Platte and the South Platte Rivers, which both arise from snowmelt in the eastern Rockies east of the Continental Divide. Map via Wikimedia.

From The Unicameral Update (Mike Hilgers):

A canal would divert South Platte River flows from Colorado to Nebraska under a bill heard Feb. 9 by the Natural Resources Committee.

LB1015, introduced by Speaker Mike Hilgers of Lincoln at the request of Gov. Pete Ricketts, would authorize the state Department of Natural Resources to develop, construct, manage and operate the canal and its associated storage facilities, called the Perkins County Canal Project, under the terms of the South Platte River Compact.

The bill also would authorize the department to use eminent domain to acquire land and resolve any legal disputes that arise as a result of the project.

The 1923 compact between Nebraska and Colorado apportions flows of the South Platte River between the states.

Nebraska Senator Mike Hilgers at Natural Resources Committee hearing February 9, 2022. Photo credit: Unicameral Update

Hilgers said the agreement entitles Nebraska to 120 cubic feet of water per second from the river during the summer. It also allows Nebraska to divert 500 cubic feet of water per second during the non-irrigation season if the state builds a canal, he said.

If Nebraska does not act to preserve its rights under the compact, Hilgers said, development along Colorado’s Front Range could “capture” those winter flows.

“This will certainly jeopardize our existing water uses and force us to seek more expensive and less certain water supplies,” he said.

Ricketts testified in support of LB1015, saying reduced South Platte River flows would affect irrigated agriculture, hydroelectric generation, endangered species protection and drinking water supplies for communities along the Platte River, including Lincoln and Omaha.

Compared to the economic cost of losing that water, he said, the $500 million canal and reservoir system would be a “bargain.”

Tom Riley, director of the state Department of Natural Resources, also testified in support. If Colorado follows through on proposed water management projects, he said, 90 percent of the South Platte River flows that Nebraska receives would be lost.

Building the canal would secure Nebraska’s right to the South Platte River’s winter flows “in perpetuity,” Riley said. If the Legislature authorizes the canal, he said, construction could begin as early as 2025, and it could be in use within a decade.

“In my 35 years as a water resources engineer practicing in the field, I have never seen a more important water project for Nebraska,” Riley said.

Testifying in opposition to the bill was Al Davis of the Nebraska chapter of the Sierra Club. He said further changes to the Platte River’s flow would affect the many species of birds, fish and mammals that rely on the river.

Davis questioned whether the project is viable and said it could be delayed by lawsuits. He said the proposed funding could be put to better use by retiring irrigated acres in overappropriated river basins and giving grants to farmers to help them reduce the amount of water they use.

“There are far too many unanswered questions to tie up $500 million for decades when that money could be used for an immediate benefit of Nebraskans,” Davis said.

Katie Torpy gave neutral testimony on behalf of the Nature Conservancy. She said colleagues in Colorado told her its list of proposed water management projects is a “brain dump” and that Colorado does not intend to pursue them all.

Torpy questioned whether Nebraska has exhausted all avenues to secure its rights under the compact. She said understanding how the proposed canal and reservoir system would affect the Platte River’s natural flow is “paramount” before moving forward.

The committee took no immediate action on LB1015.

Nebraska Rivers Shown on the Map: Beaver Creek, Big Blue River, Calamus River, Dismal River, Elkhorn River, Frenchman Creek, Little Blue River, Lodgepole Creek, Logan Creek, Loup River, Medicine Creek, Middle Loup River, Missouri River, Niobrara River, North Fork Big Nemaha River, North Loup River, North Platte River, Platte River, Republican River, Shell Creek, South Loup River, South Platte River, White River and Wood River. Nebraska Lakes Shown on the Map: Harlan County Lake, Hugh Butler Lake, Lake McConaughy, Lewis and Clark Lake and Merritt Reservoir. Map credit: Geology.com

From the Associated Press (Ariel Pokett) via SiouxLandProud.com:

Leaders from Nebraska’s irrigation and natural resources districts cast the plan as a crucial step to preserve as much of the state’s water supply as possible.

Republican Gov. Pete Ricketts identified it as a top priority, arguing that not moving forward would eventually cost Nebraska billions as farms, cities and other water users struggle with shortages.

Colorado officials say they don’t fully understand Nebraska’s concerns, noting that they’ve always complied with the compact.

People work on the Perkins County Canal in the 1890s. The project eventually was abandoned due to financial troubles. But remnants are still visible near Julesburg.
Perkins County Historical Society

From The Fort Morgan Times (Jeff Rice):

“It’s now or never!”

That was the refrain being sung before the Nebraska Legislature’s Natural Resources Committee Wednesday as state officials tried to persuade the senators to approve building the Perkins County Canal…

Proponents all told the committee that the Perkins Canal must be built as soon as possible, or Nebraska will never be able to claim the water it has a right to. Riley told the committee the canal is “central to water security in Nebraska. I’ve never seen a more important project. To fail to build this project now would be catastrophic.”

The now-or-never urgency of the canal is predicated on the assumption that Colorado water storage projects will soak up all but the absolute minimum flow required by the compact. Colorado officials estimate that even in a dry year, 10,000 acre feet of water escapes into Nebraska, beyond that which is required by the compact. Between 1996 and 2015, Colorado delivered to Nebraska nearly 8 million acre feet of river water, for an average of more than 400,000 acre feet per year.

Nebraska officials were quick to point out Wednesday that that’s water Nebraska counts on for irrigation, recreation and even municipal use. Ricketts told the committee that Colorado’s plans for water development and storage threaten to choke off that water supply.

“They’ve listed 283 projects, at a cost of $90 billion, and that includes projects already approved and underway,” Ricketts said. “That would eliminate 90 percent of the (winter time) stream flow coming into Nebraska. It would devastate our economy.”

Riley said he’s talked personally with Coloradans who vow they’ll “not let one drop beyond the Compact (rights) come into Nebraska.”

Asked if the canal project would increase Nebraska’s water supply, Riley said it won’t, but it will protect the water Nebraska gets now. And, because there’s no minimum specified for the non-irrigation season — essentially October to April — it would be possible for Colorado to dry up the South Platte River.

Kent Miller, manager of the Twin Platte Natural Resources District in North Platte, told the committee that’s the intent of Colorado’s water community…

Committee members grilled the witnesses on the absolute necessity of the canal and were clearly concerned about the $500 million price tag attached to it. When Riley testified that Nebraska needed to prove to Colorado that they were going to build the canal, he was asked whether perhaps $200 million would be convincing enough, at least to begin with. Riley said the funds need to be secured immediately because costs will escalate as time goes on.

Only one person spoke in opposition to the bill. Al Davis, legislative director for the Nebraska Sierra Club, said the project would interfere with the timing and flow of the river, and would have a negative impact on habitat. He suggested that, instead, the $500 million be spent on things like child care and infrastructure.

Platte River Recovery Implementation Program target species (L to R), Piping plover, Least tern, Whooping crane, Pallid sturgeon

Melissa Mosier, vice chair of the Land Advisory Committee for the Platte River Recovery Implementation Program, testified in a neutral position on the bill, but expressed concern that the canal project could disrupt the work done by the PRRIP board, of which Tom Riley is a member…

Katie Torpy, climate and energy policy lead for Nature Conservancy of Nebraska, also testifying in a neutral position, told the committee that her Colorado contacts led her to believe that Colorado has no intention of pursuing all of the 283 projects to which the bill proponents kept referring.

Governor Clarence J. Morley signing Colorado River compact and South Platte River compact bills, Delph Carpenter standing center. Unidentified photographer. Date 1925. Print from Denver Post. From the CSU Water Archives

From The Central Nebraska Public Power and Irrigation District:

NEBRASKA’S LAST BEST CHANCE TO SAVE THE SOUTH PLATTE RIVER

The Platte River, including the South Platte River tributary, runs about 400 miles through the heart of Nebraska from its western border with Colorado to the Missouri River. In Nebraska, the basin supports a population of well over one million people, including Lincoln and portions of Omaha. The river provides water for more than a million acres of irrigated agriculture, produces up to 140 megawatts of hydropower, provides cooling water for Gerald Gentleman Station – Nebraska’s largest power plant, sustains multiple threatened and endangered species, and generates countless recreational opportunities. It is arguably Nebraska’s most precious natural resource. Now, it faces an imminent threat.

Colorado’s South Platte River basin population is expected to
increase from 3.8 to as much as 6.5 million by 2050 (more than three times the population of our state today). Seventy thousand people move to the Front Range region every year. To support this explosive growth, Colorado’s legislature commissioned a study in 2016 to identify every drop of water “in excess of that required” to be delivered to Nebraska under the 1923 South Platte River Compact. Today, Colorado has nearly 300 projects in various phases of completion, planning, and assessment, all with the singular aim of preventing this “excess” water from reaching the state line.

Every drop of South Platte water that fails to reach Nebraska’s state line will need to be made up from storage in Lake McConaughy on the North Platte River. This means lake levels will be lower, carbon-free hydropower production will decrease, and storage supplies needed to mitigate drought within the Platte River Basin will be less reliable.

This growing threat led the editorial boards of the Lincoln Journal Star and Omaha World Herald, in the summer of 2019, to call upon State officials to protect Nebraska’s South Platte rights, echoing what we in the basin already knew – Colorado was coming for our water. But what could be done? To address that question, the Nebraska Legislature appropriated $350,000 in 2020 to study Colorado’s upstream development and its potential impact on Nebraska. The proposed Perkins County Canal Project is, in part, the culmination of that and other efforts by basin stakeholders to ensure Nebraska gets what it’s owed on the South Platte.

Most in the basin understand the 1923 Compact provides for a flow of 120 cubic feet per second (cfs) during the irrigation season. Many people have just recently learned the Compact also allows Nebraska to divert 500 cfs in the non-irrigation season. This right can only be enforced in priority, however, if Nebraska constructs a diversion near Ovid, Colorado to transport the water to Nebraska, as authorized by the Compact. For over 100 years building this diversion has been deferred, and as a result, Colorado has been taking the water Nebraska is not demanding. The proposed canal will allow Nebraska to fully exercise its Compact rights for the first time since the Compact was signed.

Beneficiaries of this multi-purpose project will include water users across the entire Platte River Basin. This includes those reliant on the Platte River to irrigate crops and those who rely on hydropower to light their homes and businesses. It also includes small and large municipalities that draw water from the Platte River but need more reliable water supplies to attract new industries and promote Nebraska’s future growth and development.

Some have claimed that even if constructed, such a project would yield too little water to justify itself. This is contrary to the available hydrologic data. Colorado itself has stated that over 300,000 acre-feet of “excess” flow enters Nebraska annually – water the new canal would help to protect for Nebraska. Critically, if the project is not built, Colorado can simply cut off this supply. To safeguard against this, Nebraska’s proposed project would capture the bulk of this water, deliver it to a series of reservoirs for temporary storage, and return it to the river.

Some say the project is too complicated and fraught with legal challenges. However, Nebraska’s entitlement to this water is cast in law by the two state legislatures and by Congress. Rarely is a legal right so clear and compelling. Moreover, for a century, we have been able to work cooperatively with Colorado in administering the Compact during the irrigation season. There is every reason to believe our State officials will continue to do so. Ultimately, if litigation became necessary, what alternative do we have? If Colorado develops as projected, it will reduce flow in the South Platte by 90%, forcing Nebraska to search out more expensive and less certain alternative supplies. We can’t simply abandon our water rights.

Some fear such a project could harm key species by reducing flows to the river. The opposite is true. If Nebraska fails to assert its rights on the South Platte, less water will cross the State line. By protecting our non-irrigation season rights, Nebraska will ensure South Platte flows are maintained in the key stretches of the river that support these species and their habitats. Indeed, the project would aid in species recovery by offering water managers greater flexibility to deliver water at times and locations needed to maximize wildlife benefits. This makes it easier for Nebraska users to remain in compliance with their obligations under the Endangered Species Act and the Platte River Recovery and Implementation Program.

South Platte River Storage Study Area. Illustration shows water availability, in blue circles, compared with demand at various places along the South Platte River. The yellow area is the study area. (Illustration by Stantec).

Finally, some argue the price tag is too high. Certainly a $500 million investment must be carefully assessed and evaluated. But, to put that figure in context, our neighbors are planning to spend approximately twenty times that amount ($10 billion) to access the same water we would divert through the project. One of the projects Colorado has identified as most critical would cost $800 million alone, piping tens of thousands of acre-feet of South Platte water every year about 150 miles uphill to the Parker area near Denver. Colorado understands the value of what’s at stake; we can’t afford to be pennywise and pound foolish while our water is diverted away from the river and from future generations of Nebraskans. The time to act is now. The South Divide Canal is our last best chance to protect and preserve the South Platte River in Nebraska.

Western Irrigation District
Twin Platte Natural Resources District
South Platte Natural Resources District
Central Platte Natural Resources District
Nebraska Public Power District
Central Nebraska Public Power and Irrigation District

Ovid, entering from the east on U.S. Route 138. By Jeffrey Beall – Own work, CC BY 4.0, https://commons.wikimedia.org/w/index.php?curid=56445787

From Nebraska Public Media (Jackie Ourada):

In 1889, the stretch of the South Platte River in Perkins County, Nebraska was a threadbare nothing.

In an old newspaper clipping from the Grant-Tribune Sentinel, the county’s elected surveyor Mark Burke described what he saw once he arrived in Grant, Nebraska in the 1880s.

“After the ‘June Rise,’ the water disappeared entirely and the river channel became a waste of dry river sands without islands or vegetation,” Burke wrote.

He was the original mind behind the South Divide Canal, now known as the Perkins County Canal…

In the 1923 South Platte River Compact, Nebraska is guaranteed water during the irrigation season. Burke wanted to bank on water coming in during the off-season too…

Capability and feasibility are a few of the bigger questions from some water experts, such as Joel Schkneekloth, a water specialist at Colorado State University.

“It was something I had never heard of. A few people here have in Colorado. They know of it. They hear it once in awhile get popped back up,” Schneekloth said…

Burrowing through sandy southwestern Nebraska soil, the canal may need to be lined, which makes for a costly water project.
“Through talking and discussing with other people… they were going to have to cross a fairly sandy stretch to get out of the South Platte River. Sand and water would make for very low conveyance,” Schneekloth said.

“The sand would act like a sponge.”

A canal, a century-old compact between #Nebraska and #Colorado, and a sea of unknowns — The Omaha World-Herald

eople work on the Perkins County Canal in the 1890s. The project eventually was abandoned due to financial troubles. But remnants are still visible near Julesburg.
Perkins County Historical Society

From The Omaha World-Herald (Sara Gentzler):

It seems to be a striking proposal: That Nebraska could use eminent domain in Colorado and build a canal that diverts water from the South Platte River for irrigation in Nebraska.

But the idea — floated earlier this month by Gov. Pete Ricketts and other Nebraska officials — is laid out in a compact agreed to by the two states and approved by Congress almost 100 years ago.

Nebraska officials want to invoke the 1923 South Platte River Compact to build that canal and a reservoir system, and ensure Nebraska continues receiving water that they say is at risk as the population on Colorado’s Front Range booms.

But with a $500 million estimated price tag, a history of failed attempts, confusion from Colorado, the potential for lawsuits and a stream of unknown details, one fundamental question hangs over the proposal: Would it be worth it?

Canal idea predates compact

Even in communications between Delph Carpenter, who negotiated the compact for Colorado, and then-Nebraska Gov. Samuel McKelvie, the canal project was referred to as “old.”

“The old Perkins County canal was projected in the early (1890s) with the object of diverting water from the South Platte some miles above Julesburg, within the State of Colorado, for the irrigation of lands in Nebraska lying south of the river and particularly of that beautiful area of land in Perkins County between Ogallala (sic) and Grant,” a 1921 letter from Carpenter reads.

Construction efforts had started in 1891, according to the Nebraska Department of Natural Resources. But it was abandoned due to financial troubles.

Remnants of the abandoned ditch are still visible near Julesburg.

Another effort to pursue the canal, this time by the North Platte-based Twin Platte Natural Resources District, was derailed in the 1980s because it didn’t comply with requirements of the Nongame and Endangered Species Conservation Act.

The compact, borne out of a desire to resolve litigation, is more than the canal…

Current director Tom Riley told The World-Herald that flows drop below 120 cfs nearly every year at times during that time period. When it happens, Nebraska calls Colorado and it addresses the issue by limiting its users who are subject to the compact.

Another part of the compact would allow Nebraska to also claim water outside that growing season — provided there’s a canal.

Ovid, entering from the east on U.S. Route 138. By Jeffrey Beall – Own work, CC BY 4.0, https://commons.wikimedia.org/w/index.php?curid=56445787

The canal could run from near Ovid, Colorado, east near the route of the abandoned “Perkins County Canal,” it says. And Nebraska could buy land or even use eminent domain to make it happen.

With such a canal, the state would be entitled to divert 500 cfs for irrigation between Oct. 15 and April 1.

However, data from the Julesburg gage suggests Nebraska has been getting about that much from Colorado for the last 10 years of record during the non-irrigation season, Riley said. The goal of the project would be to keep it that way.

Asked how the state would avoid what happened in the ‘80s, Riley pointed out that was 40 years ago. And, as he understands it, those proponents chose not to try to comply with endangered species requirements…

Colorado disputes Nebraska’s rationale

In revealing his desire to resurrect the plan, Ricketts earlier this month sounded alarm bells that without the project, agriculture, drinking water across the state, power generation and the environment could be affected…

Colorado Gov. Jared Polis and the state’s Department of Natural Resources said they learned of the situation the same day Ricketts announced it publicly…

Since then, officials haven’t shared a vision of an exact route for the newly proposed Perkins County Canal, nor details of the reservoir system it would feed into.

Despite its colloquial name, the canal wouldn’t be located in Perkins County, according to the Governor’s Office. It could be on or close to the county’s northern border, though.

The general manager of the Twin Platte Natural Resources District, Kent Miller, has been promoting the project for over 25 years…

Ninety-eight of the [Colorado Water Plan] projects are in process or complete, according to Sara Leonard, spokesperson for the Colorado Water Conservation Board. But not all are construction projects. Some are water conservation projects, she said, and environment and recreation enhancements.

Joe Frank, a roundtable member and general manager of the Lower South Platte Water Conservancy District in Colorado, said he hadn’t sorted through how many of the projects would even impact the flow of the river, but said that many of them would not…

As for Nebraska’s assessment that flows could be restricted by 90%, he can’t understand how that figures.

A Nebraska Department of Resources fact sheet features that projection. That sheet shows the 90% was inferred from a 2017 Colorado report on water storage options along the South Platte to capture flows that would usually leave Colorado “in excess of the minimum legally required amounts.”

But Frank said that level of restriction could never actually happen…

More important than the straight cost estimate, though, may be another question: Would the water Nebraska actually gets out of this be worth the cost?

Anthony Schutz, a law professor at the University of Nebraska-Lincoln, and Dave Aiken, longtime water and agricultural law specialist at UNL, both pointed out it’s uncertain how much water Nebraska could get out of such a canal…

Colorado would have dibs on some water before Nebraska, even if it were to build the canal. Colorado has the right to divert the first 35,000 acre-feet of water for its own off-season storage, Aiken said, even if it cuts into what Nebraska wants to divert…

Schutz pointed out that there are other water users in line ahead of Nebraska’s canal in the compact, too — anything on the “upper” part of the river, and uses in place before Dec 17, 1921…

Could canal lead to a court battle?

There’s some ambiguity in the compact, Aiken said, and people have built projects and invested in them in the years since it was signed. The states could resolve any differences by negotiation, or by litigation…

Riley, with DNR, said that Nebraska’s approach will be to work collaboratively with Colorado, and that he expects Colorado to comply without a need for court action. If disagreements aren’t resolved, though, he said interstate compacts and conflicts like that are addressed by the U.S. Supreme Court…

The question still remains, though: How much water would Nebraska actually get out of this? Riley didn’t give an estimate, but said actual yield would vary year to year.

The South Platte River Basin is shaded in yellow. Source: Tom Cech, One World One Water Center, Metropolitan State University of Denver.

Opinion: Sonnenberg: Time for #Colorado to unite to save our #water — The #Sterling Journal Advocate #SouthPlatteRiver

South Platte River Storage Study Area. Illustration shows water availability, in blue circles, compared with demand at various places along the South Platte River. The yellow area is the study area. (Illustration by Stantec).

From The Sterling Journal-Advocate (Jerry Sonnenberg):

Governor Ricketts is an elected official who I have always thought does a good job – especially for agriculture – and someone that I tend to support. With that said, he blew it earlier this month when he made some bold and inaccurate statements regarding Colorado’s water.

The fact is, Colorado is in compliance with our South Platte Interstate Compact.

Our compact says that we must deliver 120 cubic feet per second to Nebraska between April 1 and October 15. We do that and we do our best to not send them more than is required because of our needs as a state with both populous urban areas and a vital agriculture industry based in rural Colorado.

The compact also says that Colorado has full and uninterrupted use and benefit of the water in the river the rest of the time… except…

The exception is that 99 years ago there was a potential ditch near Ovid that Nebraska wanted to try to use for additional irrigation but abandoned and they referenced that ditch and future construction in the compact. They can complete that ditch anytime but in order to do so, Nebraska would have to buy land in Colorado, or try to use eminent domain and just take it. Rest assured, that won’t go any better for the Big Red Bureaucrats riding in to Colorado than it would in western Nebraska with any of their own land owners.

Governor Ricketts claims that our plans in Colorado could reduce water flows into his state by as much as 90%. Give me a break. I don’t know where his advisors learned their math but perhaps their schools teach that your answer is never wrong if you feel good about it.

On average over the last couple of decades, Colorado has allowed around 350,000 acre feet annually to leave our state over and above the requirements of the compact. Water that could be used in Colorado by Coloradans.

The consequences of this is that after all the court battles and millions spent on attorneys, if – and it is a big if – Nebraska would win, augmentation would be called out of priority. In other words, much of the farm ground along our South Platte River in Logan and Sedgwick counties would dry up. It would also destroy what Colorado accomplishes to meet our requirements for Endangered Species Protections.

So what is the answer?

We finally have an issue in which all of Colorado can unite behind. Governor Polis in his State of the State address this year vowed to fight Nebraska over their claims. The way we do this is water storage.

The compact says that before Nebraska can take a drop of additional water, all of the water rights have to be satisfied upstream of basically the Prewitt Reservoir which means that if we build a reservoir in Morgan County, we could fill it before downstream uses and then utilize agreements and exchanges to allow our current augmentation to continue.

That same compact also gives Colorado the first 35,000 acre feet of water that passes the gauging station near the Prewitt Reservoir so let’s build a 35,000 acre feet reservoir near the state line.

It is interesting that if Nebraska builds this ditch and diverts water in the winter months, where will they go with it and what will they use it for. They attached a $100 million price tag for the entire project which doesn’t get them much in a consistent source of water.

Screen shot of the site of the Narrows Dam which was proposed to be built on this Weldon Valley land located one-half mile below the Narrows Bridge. (Fort Morgan Times photo)

I have a better idea. We in Colorado will work with Nebraska and partner in the cost of storage along the South Platte so both of us can benefit from a consistent source of water. The average 350,000 acre feet that we lose to Nebraska each year could be stored in Colorado and we can use a large portion of that to relieve the pressures from our urban cousins to dry up farm ground so they can water their lawns.

No matter what the outcome of their bizarre claim, we would be well advised to unite as Colorado residents and build that water storage with or without Nebraska’s help so that Denver, our wildlife that depends on the river and the farmers and ranchers that feed the world, have access to all the water we are entitled to use.

Jerry Sonnenberg represents Senate District 1 in the Colorado Senate.

@AuroraWaterCO inks $43.7 million in water deals on #SouthPlatteRiver — @WaterEdCO

The South Platte River runs near a farm in Henderson, Colorado, northeast of Denver. Henderson is the site of one of the possible reservoirs for the regional water project proposed by SPROWG. Photo credit: Lindsay Fendt/Aspen Journalism

From Water Education Colorado (Jerd Smith):

Thirsty Front Range Colorado cities continue to drive the market for South Platte River farm water, with Aurora announcing two major deals to acquire farms and their associated water rights for $43.7 million.

One deal involves the $16.7 million purchase of a small ditch company near Merino, as well as 1,200 acres of land. The second purchase, for $27 million, involves water rights near Evans formerly owned by the Broe Companies, according to Aurora Water spokesman Greg Baker.

“The South Platte is where the water rights are right now,” Baker said. “As farmers are looking at their future, as they get out of farming, if their kids don’t want it or another farmer doesn’t want it, this is their asset to sell.”

Together, Aurora estimates the deals will provide about 2,652 acre-feet of water to the city, water equal to the amount needed to serve some 5,300 homes.

Earlier this year in another major deal, Parker, along with the Sterling-based Lower South Platte Water Conservancy District, announced it would claim a major new water right in the South Platte near the Nebraska border.

The Aurora purchases, first reported by the Sterling Journal Advocate, are raising concern among Northern Colorado water suppliers and agriculture interests, who fear the sales will limit the region’s own ability to grow and could perpetuate a practice known as “buy and dry,” where farm land is purchased and its water diverted for other uses.

Such water transfers off of farms have harmed other rural farm communities in Colorado that rely on agriculture for jobs and tax revenue.

Aurora’s water purchases “do cause me concern,” said Brad Wind, general manager of Berthoud-based Northern Water, which serves such communities as Greeley, Fort Collins and Broomfield, as well as hundreds of farmers. Like the West Slope, Northern Colorado communities want the water to stay local, although legally it can be bought, sold and moved.

Aurora officials said they haven’t decided what shape the water projects ultimately will take. But they hope to avoid buy-and-dry scenarios, relying instead on long-term leases and water sharing agreements with growers in the area.

“Buying water rights in the South Platte does not mean that we’re going for a buy and dry,” said Dawn Jewell, a water resource planner for Aurora. “We need additional supplies for our build out.”

Aurora uses about 50,000 acre feet of water annually now, and could need more than twice that much to handle its growth through 2070.

“There are many unknowns right now but this gives us a prime opportunity to look at other options, such as ATMs,” Jewell said.

ATMs, or alternative transfer methods, typically involve water sharing and leasing between cities and farms and are being studied across the state as a potential tool for minimizing buy-and-dry water deals.

The South Platte River Basin, which spans from west of South Park north and east through Denver to the state line, is home to Colorado’s largest irrigated agriculture economy with roughly 1.3 million acres of irrigated farm lands.

It is also home to the state’s largest cities, whose populations are set to swell by 2050.

As a result of that growth the state estimates the South Platte’s irrigated farm lands could shrink dramatically as fast-growing, water-short cities such as Aurora, continue to search for new supplies.

The Colorado Water Plan estimates that the South Platte Basin will lose more than 100,000 acres of irrigated land due to urban growth in the next 30 years.

Urban water providers in the region will need to find at least 183,000 acre-feet of water in the next 30 years to ensure shortages don’t develop even after significant conservation occurs, according to state forecasts. That is equal to the amount of water needed to serve more than 360,000 new homes.

Some small communities along the Front Range already know exactly how much they can grow with their existing water supplies. Barbara Biggs, chair of the Metro Basin Roundtable and general manager of the Roxborough Water and Sanitation District, said her district has enough water to supply its service area, but has already told landowners on the town’s borders that it has enough water to supply only another 124 homes.

“Once those are built, we’re done,” Biggs said. Her district’s water comes from a long-term water lease with Aurora that dates back to the 1970s. Biggs said that while her district eventually will use all of its water, stopping growth, such restrictions are much harder for big cities to adopt, in part because they cause housing prices to rise.

The recent South Platte water purchases come as a major collaborative water project in the basin was gaining momentum.

Now that project, known as the South Platte Regional Opportunities Water Group, or SPROWG, is in pause mode, according to several participants. It was conceived to help numerous cities reuse water and to move water back and forth more easily between farms on the Eastern Plains and the urban areas farther south and west.

As competition for water in the South Platte heats up, talks are underway to see if smaller versions of SPROWG that could be brought on line more quickly are feasible and could provide opportunities for Front Range cities to collaborate, according to Joe Frank, manager of the Sterling-based Lower South Platte district.

“We are definitely concerned about [the Aurora purchases],” said Frank, whose district is collaborating with the Parker Water and Sanitation District on a major South Platte River project whose participants have said won’t involve buy and dry, but will rely instead on using alternative transfer methods.

“We’re not putting fault on anyone,” Frank said. “You can’t fault the farmers. Their water has value, and I’m not pointing fingers at Aurora. Their hands are tied. The problem is that there are not very many other options on the table.”

Jerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.

Major #SouthPlatteRiver basin project would maximize #reuse of Western Slope water, report says — @AspenJournalism #ColoradoRiver #COriver #aridification

The South Platte River runs by a utility plant near I-25 in Denver. The South Platte River runs by an electricity plant near I-25 in Denver. A project proposed by the South Platte Regional Opportunities Water Group would allow Front Range water managers to maximize the reuse of Colorado River water. Photo credit: Lindsay Fendt/Aspen Journalism

From Aspen Journalism (Lindsay Fendt):

A multibillion-dollar reservoir and pipeline project may one day pull more than 50,000 acre-feet of water per year from the South Platte River before it reaches Nebraska. That’s more than 16 billion gallons of water, enough to fill 25,000 Olympic-sized swimming pools.

The possible project is laid out in a new report from the South Platte Regional Opportunities Water Group, or SPROWG, a group of water managers from the Front Range. If built, the project would enable Front Range water managers to repeatedly reuse water diverted from the Colorado River, something Western Slope water managers have long encouraged and see as a welcome shift.

Colorado transmountain diversions via the State Engineer’s office

“There is a lot of fully reusable water that makes its way down the South Platte,” said Eric Kuhn, a retired manager of the Colorado River Water Conservation District who now writes about Colorado River issues. “This is something that people on the Western Slope have been trying to encourage for probably 70 years.”

The group used a $350,000 grant from the Colorado Water Conservation Board and the South Platte Basin and Metro Basin roundtables to complete the year-long study, which was released in March. The group members hope the project could help close a water-supply gap of as much as 540,000 acre-feet that the state is projecting for the South Platte River basin by 2050.

Since the 1930s, Front Range water planners have looked west to bolster their water supplies. An elaborate series of reservoirs, underground tunnels and pipelines now conveys about 400,000 acre-feet of water annually from the Colorado River headwaters to the South Platte basin.

Water is diverted from the Colorado, Fraser, Blue, Eagle, Fryingpan and Roaring Fork rivers in Grand, Summit, Eagle and Pitkin counties and sent under the Continental Divide to the South Platte basin.

Large projects on the South Platte were previously written off due to the high costs of water treatment, but as the cost and controversy surrounding transmountain diversions have grown, a project such as SPROWG — which would have seemed expensive decades ago — is now on par with most other supplies of water. Depending on which concept configuration is used and whether the water will need to be treated, building the project would cost between $1.2 billion and $3.4 billion to build.

The South Platte River runs near a farm in Henderson, Colorado, northeast of Denver. Henderson is the site of one of the possible reservoirs for the regional water project proposed by SPROWG. Photo credit: Lindsay Fendt/Aspen Journalism

Use to extinction

Each of SPROWG’s storage concepts would capture stormwater and native South Platte water during wet years. While the project would not be used to store water from existing or future transmountain diversions, it would capture water from the Colorado River that made its way back to the river as a return flow after being used elsewhere within the basin.

“SPROWG is not intended to store supplies from an existing or new transmountain diversion project (though it will provide a means to utilize unused reusable return flows from transmountain diversions),” the report said.

Once water is transferred over the mountains to the Front Range, it can legally be used to extinction, meaning that it can return to the river as runoff, be recaptured and be used again perpetually. By decree, certain volumes of Colorado River water can only be reused within a certain area, something the SPROWG project would need to ensure.

“If they are going to take the water in the first place, they should make sure they are reusing that water to the full extent possible,” said Andy Mueller, general manager of the Colorado River Water Conservation District, which was formed in 1937 to protect Western Slope water.

Although the SPROWG project does not require more water from the Western Slope, it is not considered a replacement supply for any of the existing water that the region takes from the Colorado River system. Despite the continued need of existing transmountain diversions, Mueller sees the project as an acknowledgement by at least some on the Front Range that the Colorado River is no longer a feasible option for future water supplies.

“I think there are a number of operators of Front Range systems that recognize that the Colorado River system has hit its limit,” he said.

While Western Slope water managers interviewed for this story were all generally supportive of the project, the Colorado Basin Roundtable, which represents different water districts and users within the basin, has not yet taken a formal opinion on it.

Conceptual projects outlined by SPROWG will allow water managers to reuse Colorado River water. Three of the four project alternatives include an approximately 80-mile pump-and-pipeline system that would move water from a reservoir in Balzac, northeast of Denver, uphill to the metro area. Graphic credit: SPROWG

Conceptual project

The concepts outlined in the report are still far from a fully formed project, as no steps have been taken toward permitting, acquiring land or even identifying a user for the water. But SPROWG members hope that the analysis could be the first step toward a basinwide water project, a cooperative effort not typical of other large water projects.

“It just seems like something that we need to do, organizing the basin and helping the basin function as efficiently as possible,” said Matt Lindburg, SPROWG’s senior engineering consultant. “It will definitely be a project and concept that folks want to pursue.”

The report analyzed four possible storage and pipeline configurations that would collect agricultural water returned to the lower South Platte as runoff from the region’s farms, and then pump it back to the Denver metro area.

Three of the four project alternatives include an approximately 80-mile pump-and-pipeline system that would move water from a reservoir in Balzac, northeast of Denver, uphill to the metro area. The pipeline would allow the metro area to reuse some water that it already returned to the river as runoff or through water-treatment plants. The conceptual reservoirs could store between 220,000 and 409,000 acre-feet of water.

The idea to design a basinwide water project came from conclusions in the South Platte Storage Study, a 2018 analysis of basin-water supplies that was funded by the Colorado legislature.

That study found that the state was sending an average of 293,000 acre-feet more water down the South Platte and into Nebraska than what is required by the South Platte River Compact, an agreement between the two states that governs how much water Colorado is able to take from the river.

The SPROWG project would be designed to capture some of this water while remaining within the confines of the compact. The report suggested that water could be reused rather than the basin continuing to rely on either Western Slope or agricultural water.

In recent decades, agriculture along the South Platte has been the other main source of water for growing municipalities. Municipal governments buy out farms with senior water rights and dry up the fields, sending the water to the cities.

“This is probably the only other option on the table,” said Joe Frank, general manager of the Lower South Platte Water Conservancy District. “We want to do as much as we can to minimize the pressure on those other sources of water.”

The report also shows that the cost of the water from the projects would be consistent with other projects in the region — between $18,400 and $22,600 per acre-foot for untreated water and between $33,600 and $43,200 for treated water.

Whether cities will need additional South Platte water in the future, some of it is already spoken for. In March, 600,000 cranes — 80% of the world population — will visit an 80-mile stretch of the mainstem of the Platte River in Nebraska, where the birds fatten up on grain before a long migration north. Water flowing in the river makes this spectacle possible.

Even if the SPROWG concept were built, it would need to work within the confines of the Platte River Recovery Program, which was created to help protect these cranes and other endangered species on the river.

The recovery program, which secured additional water and land for habitat, has led to a dramatic increase in the population of endangered birds during migration season in Nebraska. SPROWG’s designers say they would work within the program, timing reservoir releases and saving water for specific ecological needs, but the report does not include a full environmental analysis.

Aspen Journalism is a 501(c)(3) nonprofit organization covering water and rivers in collaboration with The Aspen Times and Swift Communications newspapers. This story ran in the April 25 edition of The Aspen Times.

Study: $3.2B-plus collaborative water system on #SouthPlatteRiver could work, may signal new era of cooperation — @WaterEdCO

Ducks patrol the South Platte River as construction workers shore up bank. Oct. 8, 2019. Credit: Jerd Smith

From Water Education Colorado (Jerd Smith):

As COVID-19 continues to roil Colorado and the world, experts are suggesting that the pandemic may teach all of us to work together better. If that’s the case, then a collaborative water system for the Front Range may be a harbinger of things to come, according to a new study.

Released March 10, just days after Colorado reported its first cases of COVID-19, the study indicates that if Front Range cities band together to build a large-scale water reuse and delivery system, water sufficient to serve 100,000 homes could be developed.

It would rely on moving water between cities and farms, building new pipelines, as well as storing water underground and in off-channel reservoirs, and could be done without tapping new sources on the West Slope.

Such a project, if built, would cost $3.2 billion to $4.4 billion, according to the study, a price that is in line with other water delivery systems now being developed.

That cost includes 50 years of operations and maintenance and assumes the water would likely need to be heavily treated.

The study comes as the Front Range faces the most acute water shortages in the state, with a gap between water supply and demand for municipal and industrial users of as much as 540,000 acre-feet projected by 2050, according to a recent analysis by the state. Farmers could face a gap nearly twice that large, particularly in dry years.

Lisa Darling, executive director of the South Metro Water Supply Authority, helped oversee the study. She said once Colorado recovers from COVID-19, she hopes communities will be able to use it as a roadmap toward future water supplies. (Editor’s note: Darling is president of Water Education Colorado, the non-partisan nonprofit that sponsors Fresh Water News.)

“It shows that it’s feasible, and it will allow people to see exactly what it might look like,” she said.

The South Platte Regional Opportunities Water Group (SPROWG), a group that includes dozens of Front Range water districts, sponsored the work. The study analyzed different alternatives for capturing water in the South Platte River as it approaches the Nebraska border, an area where flows are typically more abundant than they are closer to metro Denver, where the river is heavily used and its waters largely claimed by existing users.

Because the river’s supplies in average years are already spoken for, any new water would be developed by capturing some during flood years and, in other years, reusing water already diverted from other basins via new water treatment plants and pipelines, making that water supply go farther.

Funded by the Colorado Water Conservation Board (CWCB) and several cities, including Denver and Aurora, the study was geared to help taxpayers from metro Denver to Brighton to Greeley and beyond determine whether they want such a project, how it would be configured, and who would benefit and shoulder the cost.

A group called the South Platte Regional Opportunities Working Group, or SPROWG, is proposing to store 175,000 acre-feet of water in a series of reservoirs on the South Platte River, from north of Denver to the Morgan County line. The project also includes a long pipeline to pump water from the river back to the metro area to be cleaned and re-used. Graphic credit: CWCB via Aspen Journalism

“The price tag sounds like a lot, but it is comparable to other projects in the South Platte Basin,” said Mary Presecan, a consultant with Leonard Rice Engineers and one of the study’s authors.

Water sold through the Loveland-based Colorado-Big Thompson Project is selling for $78,000 to $92,000 an acre-foot, Presecan said, while the SPROWG study analysis shows water developed through this new partnership would cost from $44,000 to $58,000 an acre-foot. An acre-foot equals nearly 326,000 gallons, enough water to serve on average two urban homes for one year.

In addition to water for fast-growing small communities, the study examined providing water to farmers on the Eastern Plains. These farmers control some of the oldest, most senior water rights in the region, but the water is increasingly being sold to thirsty cities, threatening local economies and the livelihoods of farmers left behind, and ultimately reducing the state’s ability to grow food.

A collaborative reuse project could provide additional water to water-short farms, as much as 35,000 acre-feet a year, allowing them to maintain their agricultural production.

“If there is an opportunity to be part of a regional partnership and address the ag gaps, we are all for it,” said Joe Frank, general manager of the Lower South Platte Water Conservancy District, a sponsor of the study.

“SPROWG is a concept where we are starting at a high level and drilling down. Can we bring the whole [South Platte River] Basin together to figure out if this can work,” Frank said.

Early on, the study drew fire from West Slope interests and environmental groups, who feared it would inevitably lead to bigger efforts to tap the drought-stressed Colorado River and could harm the South Platte River.

But feedback from dozens of meetings with citizens, environmentalists, taxpayers and water officials during the past year led the study’s authors to conclude that the project can be structured in such a way to provide environmental benefits, as well as water for cities and farms.

“This is a collaborative way, and an innovative way to conjunctively manage and use a variety of water sources for multiple beneficiaries,” said Matt Lindburg, a consultant with Brown and Caldwell and one of the study’s authors.

State water officials, such as Gail Schwartz, who represents the Colorado River Basin on the Colorado Water Conservation Board, said she believed the regional, collaborative premise underlying the early work could be utilized elsewhere.

“It’s a great model for collaborative thinking,” she said, at the CWCB’s March board meeting in Lakewood. “I think it could work for other parts of the state too.”

Whether the pandemic will bench the work on this new South Platte water delivery planning isn’t clear yet.

But Frank is optimistic work will continue. “The pandemic could slow us down, but it definitely won’t stop us. Now the next step will be determining [which communities] are really serious about coming together and taking this to the next level,” he said.

Jerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.

Editorial: #Nebraska should be vigilant to protect its #SouthPlatteRiver water allocation — Omaha World-Herald

The Platte River is formed in western Nebraska east of the city of North Platte, Nebraska by the confluence of the North Platte and the South Platte Rivers, which both arise from snowmelt in the eastern Rockies east of the Continental Divide. Map via Wikimedia.

From The Omaha World-Herald editorial board:

Momentum is building in Colorado to create new reservoirs to draw more water from the South Platte River, reducing the flow into Nebraska. Nebraska officials should monitor this situation closely, now and in coming years, to make sure the water volume continues to meet the requirements under a 1923 South Platte River agreement between the two states.

Maintaining a proper flow in the Platte River — formed by the confluence of the South Platte and North Platte Rivers in western Nebraska — is crucial to our state’s agriculture, hydropower and long-term metropolitan water sources for Omaha and Lincoln.

Colorado apparently has considerable room at present to make further diversions and still remain in compliance. “In many years, more water is passing that gauging station at the state line than needs to” under the agreement, Colorado State Engineer Kevin Rein says.

A group called the South Platte Regional Opportunities Working Group, or SPROWG, is proposing to store 175,000 acre-feet of water in a series of reservoirs on the South Platte River, from north of Denver to the Morgan County line. The project also includes a long pipeline to pump water from the river back to the metro area to be cleaned and re-used. Graphic credit: CWCB via Aspen Journalism

The proposed reservoirs, to serve Front Range urban residents, would keep about 150,000 acre-feet of water in Colorado, the Denver Post reports. That’s about half of the estimated amount that Colorado lawmakers claim their state can legally divert on average each year under the 1923 agreement. For comparison: When full, Nebraska’s Lake McConaughy has a capacity of 1.74 million acre-feet.

A 1993 study of Nebraska water history by the University of Nebraska-Lincoln stated, “Some Nebraskans may still bemoan that the state gave away too much water to Colorado in the South Platte Compact of 1923, but it was a voluntary agreement.”

The tremendous metro growth in Colorado’s Front Range is spurring the call for new reservoirs. Urban groundwater levels are declining in the face of dramatically increased demand. Meanwhile, agricultural producers in Colorado’s South Platte River basin support reservoir creation as a way to safeguard their own groundwater from urban diversion. Officials in western Colorado are in favor, saying the South Platte water could reduce the current allocation of western Colorado water to the Front Range via tunnels. Supportive, too, are Colorado water-policy officials, who included the South Platte reservoir concept in their 2015 State Water Plan.

In short, a wide-ranging set of powerful urban and rural interests in Colorado have come together to press for more South Platte water. “We owe it to our state, to our water users and our farmers to capture as much water as we can” out of the South Platte, said Joe Frank, manager of Colorado’s Lower South Platte Water Conservancy District.

Nebraskans can take heart that strong legal protections are in place to safeguard the significant water volume the state receives via the North Platte River, a vital irrigation source. The river supplies Lake McConaughy, for example, with its wide-ranging irrigation and groundwater recharge role for more than half a million acres in the Platte River valley, plus hydropower generation and recreation.

The U.S. Supreme Court issued a decree in 1945 setting out a legal framework for interstate water allocation along the North Platte. In 2001, Nebraska and Wyoming reached a settlement on sharing North Platte water after 15 years of legal wrangling. The agreement essentially froze Wyoming’s water use at the 2001 level and stipulated that groundwater hydrologically connected to the North Platte be included. The settlement created a committee — of federal, Nebraska, Wyoming and Colorado officials — to work out future disagreements.

“In contrast to the meager and seasonal administrative execution of provisions contained in the South Platte Compact,” a 2006 UNL analysis stated, “administrative actions in the North Platte River watershed are extensive and occur year-round.”

Whooping crane standing in shallow water. Credit: Randolph Femmer, USGS (public domain)

Nebraska may have future legal leverage regarding the South Platte if any Colorado diversions raise environmental concerns, such as negative effects on protected animal species. Two examples: sandhill cranes and whooping cranes, which congregate in great numbers annually in central Nebraska.

The proposed South Platte reservoirs are “one of those rare solutions that really is good for both rural Colorado and folks who live in the Denver metro area,” a Colorado state senator stated. Evidently so, but on this side of the border, Nebraskans need to remain watchful and assertive to ensure our state’s rights are recognized and safeguarded to the full extent of applicable law.

Platte River photo credit US Bureau of Reclamation.

#SouthPlatteRive Regional Water Development Study update

A group called the South Platte Regional Opportunities Working Group, or SPROWG, is proposing to store 175,000 acre-feet of water in a series of reservoirs on the South Platte River, from north of Denver to the Morgan County line. The project also includes a long pipeline to pump water from the river back to the metro area to be cleaned and re-used. Graphic credit: CWCB via Aspen Journalism

From Brown and Caldwell via Water World:

Brown and Caldwell, a leading environmental engineering and construction firm, today announced its selection by the Lower South Platte Water Conservancy District and other stakeholders to lead the South Platte Regional Water Development Study.

The seventh fastest-growing state in 2018 per the U.S. Census Bureau, Colorado is expected to add three million new residents by 2050. In the rain shadow of the Rocky Mountains, the South Platte River Basin (basin), home to most of the state’s population, is challenged with the greatest projected water supply gap of any of Colorado’s river basins.

The study will advance the South Platte Regional Water Development Concept, an initiative to bring municipal, environmental, and agricultural stakeholders together in new ways to manage and utilize water supply more effectively. It is potentially a pivotal step toward achieving the goals of the South Platte Basin Implementation Plan and Colorado’s Water Plan.

The analysis will focus on partner outreach and the identification of supply alternatives that consider timing, amount, and location of stakeholder water needs, possible organizational structures, water treatment strategies, and other drivers deemed critical to the potential success of the project. The final report will equip water providers with the information required to advance the concept in a collaborative and transparent way.

Initial concepts to be studied include multiple, operationally-linked storage facilities capable of storing more than 150,000 acre-feet of water and additional conveyance capacity strategically positioned throughout the basin. This infrastructure network will allow storage, reuse, and exchange of several water types including unappropriated native flow, reusable supplies, and agricultural water derived from alternative transfer methods. Water will be delivered to meet diverse municipal, agricultural, environmental, and recreational needs.

“The study is a key driver to conserving, protecting, and enhancing water supplies as the basin continues to experience unprecedented growth and subsequent supply challenges,” said Joe Frank, Lower South Platte Water Conservancy District general manager.

Directing a multi-disciplinary team, Brown and Caldwell will provide project oversight, coordinate a 60-strong stakeholder task force, evaluate agricultural requirements, and lead modeling. Stantec will integrate results of the South Platte Storage Study, a 2017 report detailing multi-purpose water storage possibilities in the Lower South Platte River basin. Cost estimating, organization structuring, and water treatment will also be part of Stantec’s remit. Leonard Rice Engineers will refine municipal, industrial, environmental, and recreational demands and support modeling. Sigler Communications has been engaged for stakeholder outreach. The team will be advised by Doug Robotham and attorneys from Holland & Hart.

“This project is an opportunity for diverse stakeholder collaboration and to develop implementable solutions to secure Colorado’s future water supply,” said Matt Lindburg, Brown and Caldwell project manager. “Our talented team is excited to leverage our collective expertise and move this important project forward for the betterment of Colorado’s residents and businesses.”

Project kickoff commenced in March with a draft of the final study scheduled for delivery within a year.

A closer look at the high-priced plan to store water along the #SouthPlatte River — @AspenJournalism

Irrigation sprinklers run over a farm in Longmont in the South Platte River basin. One goal of an emerging storage project on the South Platte is make it easier to temporarily use water from agriculture to meet the growing needs of the Front Range metro area. Photo credit: Lindsay Fendt/Aspen Journalism

From Aspen Journalism (Lindsay Fendt):

Every year, an average of 142 billion gallons (436,000 acre-feet) of water slips down the South Platte River out of Colorado and into Nebraska. Right now, that water feeds into habitats of endangered fish and birds, but most of it could legally be diverted and used in Colorado instead.

For decades, these escaping river flows — sometimes millions of acre feet of water more than Colorado is required to deliver to Nebraska — have been seen as a loss by Front Range water managers, but the hefty price tag of infrastructure to divert, store and move water has kept new projects from getting off the ground. Now, with communities struggling to bolster their supplies to feed the Denver metro area’s exploding population, a group in the South Platte basin thinks it can develop a regional plan to tap the river’s potential.

The infrastructure concept could provide a large chunk of the Front Range’s projected future water needs, and the concept’s designers say, if executed properly, the project would keep agricultural communities intact and create environmental benefits. Skeptics say it’s a costly plan that would further drain an already beleaguered river system.

Constructing it would require billions of dollars and an unprecedented amount of cooperation among water users, but in today’s era of scarcity, Some water managers say it may be the simplest path forward.

A group called the South Platte Regional Opportunities Working Group, or SPROWG, is proposing to store 175,000 acre-feet of water in a series of reservoirs on the South Platte River, from north of Denver to the Morgan County line. The project also includes a long pipeline to pump water from the river back to the metro area to be cleaned and re-used. Graphic credit: CWCB via Aspen Journalism

Birth of the South Platte Regional Water Development Concept

Despite the amount of Colorado water headed into Nebraska, water from the South Platte is still used on a huge scale. Diversion ditches from the river feed cities, agriculture and industry along the Front Range, including farms in Weld County east of Greeley, but not all the water applied to the land is consumed — about 50 percent of the water from flood irrigation seeps back into the river.

Legally, these return flows can be reused downstream, but they aren’t always released back to the river in areas where they can be captured. And because much of the water is wastewater, its quality is often too low to be used as drinking water.

These complications have made South Platte water an undesirable option for many municipalities, and growing cities have, instead, turned to water from the other side of the Continental Divide. This water is cleaner, less expensive due to existing infrastructure and can legally be used for any type of use without going through water court. But the use of Western Slope water on the Front Range has long drawn criticism from water officials on the other side of the mountains: They see such use as overuse of their resources.

The under appreciation for South Platte water started to change in 2010, after the state released the Statewide Water Supply Initiative, a data analysis of Colorado’s water supplies and projected future demand. The study estimated that by 2050 Colorado would need between 310,000 and 560,000 more acre-feet of water than it can currently supply. About 50 to 60 percent of this water would be needed within the South Platte Basin, the fastest-growing part of the state. This anticipated supply gap forced Front Range water providers to consider new options.

“We knew there was a looming problem out there. The South Platte has a big issue coming for it with this huge-growing population,” said Joe Frank, the general manager for the Sterling-based Lower South Platte Water Conservancy District. “The two biggest sources being looked at were the dry-up of South Platte irrigated agriculture or to use more (Western) Slope water — and we knew that both of those had issues.”

Around that time, Frank and six other water experts started holding informal meetings to discuss South Platte water supplies. The group became known as the South Platte Regional Opportunities Working Group. About the same time that group was meeting, the Colorado legislature also grew interested in the river.

In 2016, the General Assembly ordered a study to determine how much Colorado water was entering Nebraska and to analyze possible water-storage projects to capture that flow. This South Platte Storage Study found that over a 20-year period, Colorado delivered nearly 8 million acre-feet of excess water to Nebraska. But while there was plenty of water available in the river, accessing it would be costly or environmentally damaging.

The group took that information and — using funds from water providers such as Denver Water, Northern Water and Aurora Water — commissioned its own consultants. The group’s findings became known as the South Platte Regional Water Development Concept, and outlined a possible plan for a water system on the river. The current proposal includes three new storage facilities — near Henderson, Kersey and Balzac — and a pipeline from the Balzac facility to the metro Denver area. The concept’s designers say it could consistently provide 50,000 acre-feet of water every year.

With a concept in hand, the group expanded into a task force, drawing about 40 volunteer members with varying interests in water. The task force is now using $390,000 in grant funding from the Colorado Conservation Board and the South Platte and Metro basin roundtables to hire consultants to analyze the project idea.

Water for cities with no ‘buy and dry’

Although much of the water that could fill the concept plan would be unappropriated return flows, some of it would probably need to come from agriculture. In the past, this was done by cities that purchased farms with senior water rights and fallowed the lands. If done on a large scale, the practice, known as “buy and dry,” can eliminate agricultural communities.

Rather than promote buy-and-dry, the creators of the concept plan want to use alternative transfer methods to buy temporary water leases from farmers on an annual or seasonal basis. These agreements allow farmers to get money for their water without permanently drying up their farm. While alternative transfer methods are considered better for farmers, executing the agreements on a large scale requires infrastructure to move the water around.

“With ATMs, you are going to need to move that water from the farm to the city,” said Todd Doherty, the founder of Western Water Partnerships, a group that facilitates alternative transfers. “The geography is such on the South Platte that the farms are downstream from the city, so infrastructure is almost absolutely necessary to move ATM water back upstream.”

With three storage facilities near farmlands and a pipeline running to the Denver area, the South Platte concept could be used to facilitate alternative transfer methods.

“I think farmers should have options and municipalities should have options,” said Jim Yahn, the manager of the North Sterling Irrigation District and an original member of SPROWG. “This project has infrastructure to get seasonal water from agriculture and turn it into a year-round supply for a municipality.”

The South Platte River runs by a utility plant near I-25 in Denver. A group of Front Range water providers are working on a plan that includes up to 175,000 acre-feet of new water storage along the river.

Environmental concerns

Because the concept plan is still in its early phases of development, most environmental groups have yet to release an opinion on the project. Still, there are concerns about depleting the flows of the South Platte or further degrading its waters.

In hopes of reducing impacts, some environmental representatives have joined the concept plan task force to provide feedback. Frank said the promise of mitigation and environmental enhancements – improvements on the river made by water providers – have gotten several environmental groups “on board” with the project’s idea.

Still, other groups say the projected supply-demand gap is overblown and any new infrastructure is an unnecessary drain on the state’s rivers…

Hefty price tag

As projected in the South Platte Storage Study, the costs to build the project would be huge. Although the project doesn’t yet carry a final price tag, initial estimates put the infrastructure costs at nearly $2.5 billion.

This cost is undeniably high, but with water becoming a more expensive commodity, water providers say it’s an increasingly reasonable one to consider. The cost estimates show that water from the concept plan would cost about the same as building any other water project or buying into an existing one.

For these reasons, many water providers in the Front Range are already exploring how they fit into the regional project.

“Scarcity is essential in driving the municipal world towards more expensive solutions,” said Sean Chambers, the director of water and sewers for the city of Greeley. “We haven’t coalesced around an idea about how exactly we fit into the long-range vision, but we know we belong at the table.”

Editor’s note: Aspen Journalism covers rivers and water in collaboration with The Greeley Tribune and other Swift Communications newspapers. The Tribune published this story on Saturday, Nov. 26,2018.