Boulder County commissioners set March 14 public hearing on Gross Reservoir expansion appeal

The dam that forms Gross Reservoir, located in the mountains west of Boulder. Photo: Brent Gardner-Smith/Aspen Journalism

From The Boulder Daily Camera (Amy Bounds):

Community members wanting to comment next month at a Boulder County commissioners hearing on whether Denver Water can move forward with an expansion of Gross Reservoir can start signing up next week…

Online sign-ups for the March 14 hearing start Feb. 14, while in-person sign-ups will start an hour before the hearing.

Commissioners plan to continue to take public testimony until all speakers have had an opportunity to comment, according to a news release.

After the public hearing, commissioners will hear Denver Water’s appeal of a decision by the county’s Land Use Department that Denver Water must run the project through what is known as a “1041” review process before construction can begin.

Named for the bill number by which it was enacted in 1974, the 1041 legislation gives local governments the right to control development by agencies beyond their boundaries through a local permitting process.

Denver Water argues the Gross Reservoir expansion is exempt from 1041 requirements. Boulder County claims it is not.

The public hearing will focus on the limited scope of the determination and is not a hearing or decision on the perceived impacts or merits of the reservoir expansion project, according to a news release…

Written comments can be submitted through an online comment form available at bit.ly/GrossDamExpansion. Comments also can be mailed to the Boulder County Commissioners’ Office, P.O. Box 471, Boulder, 80306. Comments need to be received by noon March 12.

Moffat Collection System Project update: “I think their position is pretty clear” — Jim Lochhead #ColoradoRiver #COriver #aridification

Denver Water is seeking approvals from the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the state of Colorado to expand Gross Reservoir, which is southwest of Boulder. The 77,000 acre-foot expansion would help forestall shortages in Denver Water’s water system and offer flood and drought protection, according to Denver Water.

From The Sky-Hi News (Lance Maggart):

On Wednesday a collection of six environmental advocacy groups – Save the Colorado, the Environmental Group, Wildearth Guardians, Living Rivers, Waterkeeper Alliance Inc. and the Sierra Club – filed a lawsuit in Colorado’s federal district court against the proposed Gross Reservoir Expansion Project, alternately called the Moffat Firming Project…

The legal process surrounding Gross Reservoir has deep significance to Grand County. The county serves as the source for much of the water Denver Water relies upon, which is transported out of the county through the Moffat Tunnel near Winter Park Resort. The county is also party to a collaborative water management group called Learning By Doing. The group looks to improve river habitat in Grand County by conducting environmental water projects and through other means.

The lawsuit filed by the environmental groups does not name Denver Water and instead is directed at the US Army Corps of Engineers, the Department of the Interior and the US Fish and Wildlife Service. The 57-page complaint lays out 32 separate specific claims related to alleged violations of the National Environmental Policy Act, the Clean Water Act and the Endangered Species Act.

The alleged violations claimed by the environmental groups cover a wide range of technical issues related to the formal processes by which large construction projects, such as the Gross Reservoir Expansions, are approved by federal agencies. Many of the claims made by the environmental groups revolve around allegations that the Corps of Engineers, Interior Dept. and US Fish and Wildlife failed to exercise independent judgment related to claims made by Denver Water about the project.

“Denver Water’s proposal to build the largest dam in Colorado history will hurt the 40 million people in six states and two countries who depend on the Colorado River – a critical but disappearing, resource – for their water supply,” said Daniel E. Estrin, general counsel and advocacy director at Waterkeeper Alliance. “Waterkeeper Alliance stands united with our many Colorado River Basin Waterkeepers who are fighting to protect their waterways and their communities from this senseless and destructive water grab.”

For their part officials from Denver Water said the court filing did not surprise them.

“We expected it,” Jim Lochhead, CEO of Denver Water, said. “This is a really critical project for Denver Water. In the last 15 years we have come close to running out of water a couple of time at the north end of the system.”

Lochhead noted that those two incidents came in 2002 and 2013.

While Denver Water is not directly named in the lawsuit Lochhead said the organization will be entering the lawsuit to “provide our own perspective on the adequacy of the approvals.”

“We are confident the federal agencies follow regulations and federal law,” Lochhead said. “I think a court will uphold the findings by those agencies.”

When asked whether he believed Denver Water and the environmental groups who oppose the Gross Reservoir Expansion Project could reach some form of compromise agreement Lochhead answered, saying, “I think their position is pretty clear.”

Moffat Collection System Project update: Environmental groups file lawsuit

The dam that forms Gross Reservoir. Photo: Brent Gardner-Smith/Aspen Journalism

From Colorado Public Radio (Grace Hood):

A suit filed against three U.S. government agencies seeks to stop the expansion of Denver Water’s Gross Reservoir in Boulder County…

Gross Reservoir provides water to 1.4 million Front Range customers. The expansion would divert more water from Colorado River headwater tributaries during wet years. In a nutshell, the project seeks to raise the height of the existing dam by 131 feet; storage capacity would increase by 77,000 acre feet.

The environmental groups who sued say the U.S. government permitting process inadequately evaluated the impact of the large project on streamflows. There are also concerns about how construction would affect wildlife.

“We went above and beyond mitigation of environmental impacts under the permits,” Denver Water CEO Jim Lochhead said. “We sat down with Grand County, Eagle County… and a host of agencies across Western Colorado, and developed a series of environmental enhancements to the streams of Western Colorado.”

Trout Unlimited is one such group that has supported the Gross Reservoir expansion, citing successful stream augmentation programs along the Fraser River…

Revving up the legal gears could pose a setback for Denver Water, which has spent years securing the necessary permits. Now that it has those in place, environmental groups are seeking to stop construction.

Denver Water’s collection system via the USACE EIS

New @DenverWater rates start Feb. 1

Northwater Treatment Plant — Denver Water is upgrading and modernizing the northern portion of its water system that was built in the 1930s. The utility is building a new water treatment plant, as seen in this rendering, installing a new pipeline, and redeveloping its Moffat Treatment Plant site. Photo credit: Denver Water

Here’s the release from Denver Water (Travis Thompson):

At its meeting today, the Denver Board of Water Commissioners adopted rate changes to fund essential upgrades and new projects to keep Denver Water’s system running smoothly. The new rates take effect Feb. 1, 2019, and monthly bills for most Denver residents will increase by 55 cents if they use water the same as they did in 2018.

“While the cost to maintain and upgrade the water system continues to increase, rapid development inside the city of Denver has brought in more fees from new taps sold, helping to minimize the 2019 rate increase for Denver customers,” said Jim Lochhead, Denver Water CEO/Manager. “The surrounding suburbs, however, had less development than in the past, reducing the amount collected from new tap fees, which means we’ll need to collect more revenue from suburban water rates in 2019.”

Suburban customers who receive water from one of Denver Water’s 65 distributors will see an additional monthly increase added to their volumetric charges. The Denver City Charter requires that suburban customers pay the full cost of service, plus an additional amount. Learn more about how this works: “Why Denver water costs more in the ‘burbs.”

If you live outside Denver and receive water from a distributor under contract with Denver Water, you can expect to see an annual increase between $23 and $41, which is between $1.90 and 3.40 a month (based on an annual use of 102,000 gallons of water).

Pat Fitzgerald, general manager of four Denver Water distributors including the Platte Canyon Water and Sanitation District and chairman of the suburban districts’ Technical Advisory Committee, which reviews Denver Water’s rates annually, provided this statement:

“The advisory committee supports the rate increase. The cost-of-service study used to determine the difference between inside city and outside city customers is fair and reasonable, and the committee had no objections to the results. The expenses are going up, but they’re all projects that are necessary to provide a reliable and safe source of water.”

The major multiyear projects that water rates fund include building a new, state-of-the-art water treatment plant, installing a new 8.5-mile water pipeline to replace a pipeline that was built in the 1930s, expanding Gross Reservoir to provide a more reliable future water supply, constructing a new water quality lab to ensure the highest water quality standards, investing more than $100 million to repair and replace water pipes, and more. There are 158 major projects identified in Denver Water’s five-year, $1.3 billion capital plan.

A customer’s bill is comprised of a fixed charge, which helps ensure Denver Water has more stable revenue to continue the necessary water system upgrades to ensure reliable water service, and a volume rate. The fixed monthly charge — which is tied to meter size — in 2019 is increasing by 55 cents for most residential customers both inside the city and out.

Denver Water’s rate structure includes a three-tiered charge for water use (called the volume rate). To keep water affordable, indoor water use — like for bathing, cooking and flushing toilets — is charged at the lowest rate. Essential indoor water use is determined by averaging the customer’s monthly water use on bills dated from January through March each year. This is called average winter consumption. Water use above the average winter consumption — typically for outdoor watering — is charged at a higher price.

Volume rates for Denver residents will remain the same, but will increase on suburban bills.

Denver Water operates and maintains more than 3,000 miles of pipe — enough to stretch from Los Angeles to New York — as well as 20 dams, 22 pump stations, 30 underground storage tanks, four treatment plants and more. The water provider’s collection system covers more than 4,000 square miles, and it operates facilities in 12 counties in Colorado.

Denver Water does not make a profit or receive tax dollars, and reinvests ratepayers’ money to maintain and upgrade the water system. The utility is funded by water rates, bond sales, cash reserves, hydropower sales and fees for new service (called System Development Charges).

Customers will see more information about 2019 rates in their bills and on Denver Water’s website over the next few months.

Gross Reservoir — The Gross Reservoir Expansion Project will raise the height of the existing dam by 131 feet, which will allow the capacity of the reservoir, pictured, to increase by 77,000 acre-feet. The additional water storage will help prevent future shortfalls during droughts and helps offset an imbalance in Denver Water’s collection system. With this project, Denver Water will provide water to current and future customers while providing environmental benefits to Colorado’s rivers and streams. Photo credit: Denver Water

Ongoing #SouthPlatte Basin water storage projects

From The Sterling Journal-Advocate:

There already are six projects being pursued in the South Platte Basin to extend the water supply. These are not included in the recent South Platte Storage Survey, but have been considered and under way for some time:

Northern Integrated Supply Project (NISP) map July 27, 2016 via Northern Water.

• The NISP/Glade project — The Northern Integrated Supply Project is a proposed water storage and distribution project that will supply 15 Northern Front Range water partners with 40,000 acre-feet of new, reliable water supplies.

Map from Northern Water via the Fort Collins Coloradan.

• Chimney Hollow Reservoir — A 360-foot high dam that will hold 90,000 acre feet to help supply the thirsty Thompson Valley urban area. The water will come from the Windy Gap Project, a diversion dam and pumping station completed in 1985 to provide extra irrigation and municipal water out of the Colorado River. The water originally was stored in Grand Lake, but when that is full, the water cannot be stored. Chimney Hollow, also known as the Windy Gap Firming Project, solves that problem.

Reservoirs NW of Fort Collins

• Halligan reservoir enlargements — Halligan Reservoir near Fort Collins is about 100 years old. Its capacity is about 6,400 acre feet of water and the City of Fort Collins wants to add 8,125 acre feet to the reservoir by raising its dam about 25 feet.

• Milton Seaman Reservoir enlargement — Greeley originally had wanted to expand Seaman Reservoir in conjunction with Halligan, but because of diverging goals Greeley withdrew from the joint project. The expansion of Seamon now is targeted for design in 2028 and construction by 2030.

Gross Dam enlargement concept graphic via Denver Water

• Gross Reservoir enlargement — Gross Reservoir is one of 11 reservoirs supplying water to the City of Denver and surrounding urban areas. It is on the city’s Moffat System, which diverts water from the Western Slope to the metro area. Denver Water has proposed raising the dam height by 131 feet, which will allow the capacity of the reservoir to increase by 77,000 acre feet.

Proposed reallocation pool — Graphic/USACE

• Chatfield Reallocation Plan — The U.S. Army Corps of Engineers has determined that Chatfield Reservoir, built primarily for flood control after the 1965 South Platte River flood, can accommodate an additional 20,600 acre feet of water storage for water supply without compromising its flood control function. This additional storage space will be used by municipal and agricultural water providers to help meet the diverse needs of the state. No actual construction is required, but the legal, environmental, and engineering concerns of allowing the reservoir to hold more water all have to be satisfied.

“…why I support Denver Water’s Gross Reservoir Expansion project” — Lurline Underbrink Curran

Gross Dam enlargement concept graphic via Denver Water

From The Boulder Daily Camera (Lurline Underbrink Curran):

I would like to share why I support Denver Water’s Gross Reservoir Expansion project.

While located in Boulder County, the project obtains the water from Grand County — a county that is currently the most impacted county in the state of Colorado for transbasin diversions. You must wonder why the county and its citizens, stakeholders in the Colorado River Basin, along with Trout Unlimited support this project.

The reason is the Colorado River Cooperative Agreement, which is an historic agreement with statewide environmental benefits which were fought for and gained through sometimes difficult and long negotiations. It has been hailed as a new paradigm and one that will serve as an example of what can be gained when dealing with a finite resource like water. The signatories to this agreement represent the entire Colorado River Basin, and I had the honor of acting as Grand County’s lead negotiator in this agreement. I worked for Grand County for 33 years, retiring as county manager in 2015. I have lived in Grand County over 60 years and have deep roots and interest in the well-being of our waterways.

The environmental benefits gained by Grand County, which include additional flows, river ecosystem improvements, use of Denver Water’s system, participation in an adaptive management process called Learning by Doing, money for river improvements, just to name a few, are necessary to protect and enhance the Fraser and Colorado rivers. Without these benefits, these rivers will continue to degrade, with no hope of recovery or improvement.

Those who oppose the project offer no solutions to the already stressed aquatic environment of the Fraser and Colorado rivers. Through the Learning By Doing format and a public private partnership, partners have already implemented a river project on the Fraser as an example of what can be done. This project immediately produced improvements that were astounding. Colorado Parks and Wildlife can verify this claim. This essential work will not continue without the CRCA.

The impacts that are associated with the construction of the Gross Reservoir Enlargement are substantial and one sympathizes with those who will experience them, but the reality is they will end. Mitigation for the construction impacts can be applied. However, without the CRCA, the impacts to the Fraser and Colorado rivers will continue with no hope of improvement.

The environmental enhancements and mitigation that are part of the CRCA cannot be replicated without the reservoir expansion project, and the loss of these enhancements and mitigation will doom the Fraser and Colorado rivers in Grand County to environmental catastrophe.

Boulder County asks FERC to deny @DenverWater’s Gross Dam hydroelectric permit amendment for the Moffat Collection System Project

The dam that forms Gross Reservoir, located in the mountains west of Boulder. Photo: Brent Gardner-Smith/Aspen Journalism

From Boulder Daily Camera (Charlie Brennan):

Citing the success of Denver Water’s conservation efforts since it first issued its “purpose and need” statement for the project, and the fact that no service shortfall has yet materialized for its 1.4 million customers in the metro area, Boulder County Attorney Ben Pearlman said that based on prior environmental reviews, “Boulder County does not believe Denver Water has shown that the project’s purpose and need have been met and the FERC must deny Denver Water’s application to amend its permit.”

[…]

“We don’t think they have undertaken the duty they have (under federal environmental law) to analyze this problem thoroughly,” [Conrad] Lattes said…

Denver Water officials on Friday answered back by reasserting the project’s merits.

“The Gross Reservoir Expansion project represents an enormous amount of work, input and collaboration to ensure it is done in the most responsible way possible,” Jim Lochhead, Denver Water CEO/manager said in a statement. “And Denver Water will continue to develop noise, transportation and tree removal plans with input from stakeholders to minimize the impacts to Boulder County and its residents.”