One of the wetter spots in Colorado, according to the U.S. Drought Monitor, is east over the mountains from Steamboat Springs in Larimer County.
Much of that county is in the lowest level of drought, called “abnormally dry,” thanks in part to historic snowfalls on the Front Range earlier this month. If Larimer County is dry, the trek west to Routt County — through part of the state that saw several record wildfires in 2020 — might test which drought-related adjectives apply.
The drought monitor goes with “extreme” and “exceptional” to describe drought conditions in Routt County. Most of the Western Slope is looking at a similar situation, with the western third of Colorado being shades of ruby red and maroon on the latest map released by drought officials last Thursday.
After having a call put on it for the second time in three years in 2020, state water officials are now considering whether the Yampa River has enough water to fulfill rights held by people downstream of Steamboat Springs. What is most concerning to officials isn’t just the low amount of snow seen this winter, but also how dry the ground was before it started falling.
In the Yampa and White River Basins in Northwest Colorado, the snowpack is about 87% of average in terms of snow water equivalent, according to data from the Natural Resources Conservation Service, but there isn’t much snow forecasted for the next few weeks, and the average peak in the snowpack generally comes around April 10…
Rain is key at maintaining soil moisture, Romero-Heaney said. Because the soil was so dry last fall, she anticipates a lot of the melting snow will be soaked up and water runoff will be lower than normal.
This means stream flows will be lower, likely requiring release of water from Stagecoach Reservoir to support the health of the Yampa River later in the season. Romero-Heaney said more often then not, since 2013, they have needed to release water into the Yampa.
If enough of that spring and summer rain does not come, Romero-Heaney said the valley could see a summer much like the last, and “we start to run out of water for all the uses in the basin.”
Municipal customers running out of water is not a concern at this point. Whether there will be enough water for all the agricultural uses in the basin while also keeping the river healthy is in question though, Romero-Heaney said…
Despite lower snow totals, Andy Rossi, general manager at the Upper Yampa Water Conservancy District, said he anticipates they will be able to fill Stagecoach Reservoir this year. That said, Rossi is not expecting to be able to fill Yamcolo Reservoir, which is primarily used for agriculture…
In repeated dry years, it can be increasingly hard to fully recover a reservoir until that streak ends, and there is a wetter year. In these dry years, potentially this summer, it can become difficult to meet the need of all the agricultural water diversions, Rossi said.
Six years after the application was filed, a judge has granted a water conservancy district in northwest Colorado a water right for a new dam-and-reservoir project that top state engineers had opposed.
Rio Blanco Water Conservancy District now has a 66,720 acre-foot conditional water right to build a dam and reservoir between Rangely and Meeker, known as the White River storage project or the Wolf Creek project. The conservancy district is proposing an off-channel reservoir with a dam 110 feet tall and 3,800 feet long, with water that will be pumped from the White River.
But the decree, while granting Rangely-based Rio Blanco the amount of storage it was seeking, doesn’t allow the district all the water uses that it initially wanted. The decree grants Rio Blanco a water right for municipal use for the town of Rangely; augmentation within its boundaries; mitigation of environmental impacts; hydroelectric power; and in-reservoir use for recreation, piscatorial and wildlife habitat. The conservancy district will not be able to use the water for irrigation, endangered fish or augmentation in the event of a compact call.
For more than five years, state engineers had argued that the project was speculative and that Rio Blanco couldn’t prove a need for the water. Engineers had asked the court to dismiss Rio Blanco’s entire application in what’s known as a motion for summary judgment. Division 6 Water Judge Michael O’Hara III agreed in part with state engineers and dismissed some of Rio Blanco’s requested water uses in an order filed Dec. 23. That left the fate of just three water uses to be determined at trial: Colorado River Compact augmentation, endangered fish and hydroelectric power.
After seeing his order, the parties asked O’Hara if they could postpone the trial, which was scheduled for Jan. 4, while they hammered out a settlement agreement. The final decree and a stipulation, filed Thursday night, cancel and replace O’Hara’s Dec. 23 order and let the parties avoid a trial.
“When you come to agreements, you are much more likely to live with those than having the judge force you to do things you didn’t really want to do,” O’Hara told the parties in a Dec. 31 conference call.
Both sides said they are happy with the terms of the decree. Conservancy district Manager Alden Vanden Brink said that after six years of working out issues, the decree brought a sense of elation and a sigh of relief to the community of Rangely. The district is very pleased with the final result, he said.
“Folks kept holding their breath,” Vanden Brink said. “And now we’ve got a step forward for drought resiliency.”
Settlement and stipulation
The main issue for state engineers, who were the sole remaining opposer in this case, was whether Rio Blanco could prove it needed the water. According to Colorado water law, new conditional water rights cannot be granted without a specific plan and intent to put the water to beneficial use. State engineers maintained that the conservancy district had not proven that water rights it already owned wouldn’t meet its demands.
But Rio Blanco said its existing water rights in their current locations were insufficient and that it needed a new reservoir on Wolf Creek to meet current and future needs. And district officials said they were wary of seeking to transfer these rights and uses to a new reservoir because that requires a water-court process whose outcome is not guaranteed; therefore they needed the new conditional storage right. Even if a water court approved the changes, Rio Blanco still said there was not enough storage in the White River basin to meet demands during a drought or for future uses.
State engineers and Rio Blanco disagreed about how much, if any, water Rio Blanco needed for Rangely, irrigation, endangered fish and other uses. Rio Blanco agreed to give up two of the three water uses left to be determined at trial: Colorado River Compact augmentation and endangered fish.
According to the decree, if Rio Blanco in the future is successful at moving any of their existing water rights to the Wolf Creek project, the same portion of water granted by the decree will be canceled, eliminating duplicate water rights in the reservoir.
A stipulation agreed to by both parties lays out further restrictions on the water use.
According to the stipulation, annual releases from the reservoir will be limited to 7,000 acre-feet for municipal and in-basin augmentation uses. Up to 20,720 acre-feet of water can be used for mitigation of the environmental impacts of building the project. But once the exact amount of water needed for future mitigation is determined, the difference between that amount and the 20,720 acre-feet will be canceled, reducing the total amount of water decreed.
State Engineer Kevin Rein said the final decree is a good outcome, reached in the spirit of cooperation. Even so, state engineers were never willing to compromise on giving Rio Blanco water for Colorado River Compact compliance.
“That’s something that we would have held fast on in trial and we held fast on discussing it with them,” Rein said. “It’s more a matter of something that does not legally occur right now with the state of Colorado water law.”
Rio Blanco had proposed that 11,887 acre-feet per year be stored as “augmentation,” or insurance, in case of a compact call. Releasing this replacement water stored in the reservoir to meet downstream compact obligations would allow other water uses in the district to continue and avoid the mandatory cutbacks in the event of a compact call.
Many water users in the White River basin, including the towns of Rangely and Meeker, have water rights that are junior to the 1922 interstate compact, meaning these users could bear the brunt of involuntary cutbacks. Augmentation water would protect them from that.
State engineers said augmentation use in a compact-call scenario is not a beneficial use under Colorado water law and is inherently speculative. This doesn’t seem to be a settled legal issue, and O’Hara said in his motion that he would not rule on whether compact augmentation was speculative.
“We believe the augmentation for compact compliance was very difficult to allow just due to the complexities of the Colorado River Compact and the Upper Colorado River compact, and it’s gratifying that Rio Blanco listened to us and we were able to get a final decree that didn’t include that component,” Rein said.
The water-right decree represents just the first step toward constructing the project, which will need approvals from federal agencies. Every six years, in what’s known as a diligence filing, Rio Blanco must show the water court that it is moving forward with the dam and reservoir in order to keep its water right. Fort Collins-based environmental group Save the Colorado has already said it will oppose the project.
Aspen Journalism is a local, nonprofit, investigative news organization covering water and rivers in collaboration with The Aspen Times and other Swift Communications newspapers. This story ran in the Jan. 9 edition of The Aspen Times.
[Rio Blanco Water Conservancy District], Colorado State and Division 6 Engineers agree on water right for the Reservoir
A little over two weeks after Division 6 Water Judge Michael O’Hara III dismissed several water uses, the Rio Blanco Water Conservancy District and the Colorado Division of Water Resources reached an agreement on a conditional water right decree for Wolf Creek Reservoir, Jan. 7.
That settlement led to a decree for the storage right in Wolf Creek Reservoir that was signed by the Division 6 Water Judge, Michael O’Hara III on January 7. As part of his rulings, Judge O’Hara vacated his December 23, 2020 order on summary judgment motions.
The decree will give the District the right to store 66,720 acre-feet of water in a new reservoir that will be constructed in Rio Blanco County near the White River and Wolf Creek confluence, approximately 15 miles upstream of the District’s Kenney Reservoir and 17 miles northeast of Rangely, according to the agreement.
The preferred reservoir site is off-channel on the normally dry Wolf Creek, with water to be delivered to the reservoir from a proposed pump station on the nearby White River.
Decreed uses for water stored in the new reservoir will include municipal water for the Town of Rangely and replacement water that can be released to offset future water uses within the District boundaries and within the Yellow Jacket Water Conservancy District (YJWCD), the conservancy said in a press release…
The District says it continues to work with the Upper Colorado River Recovery Program, the Colorado Water Conservation Board, the Nature Conservancy, the State of Utah, and the Ute Indian Tribe to determine the water needs for the recovery of endangered fish as part of the White River Management Plan…
The new reservoir will allow a small portion of the White River runoff water volume to be stored in the reservoir each year. This water will then be released from storage to offset reduced river flows during periods of droughts, meet the needs of the District’s constituents, and to help offset the effects of climate change on future river diversions.
The Rio Blanco Water Conservancy District includes about 1,300 square miles of land in western Rio Blanco County. The District is responsible for protecting and conserving water within its boundaries.
FromThe Grand Junction Daily Sentinel (Dennis Webb):
A legal settlement this week has allowed the Rio Blanco Water Conservancy District to clear a major early hurdle in its attempt to build a large reservoir 17 miles northeast of Rangely.
The agreement reached between the district and state Division of Water Resources averted a trial that was scheduled for this week and led to a decree that was signed by Division 6 Water Judge Michael O’Hara III on Thursday. It gives the district the right to store 66,720 acre-feet of water in a reservoir that would be constructed in Rio Blanco County near the White River and Wolf Creek confluence, approximately 15 miles upstream of the district’s Kenney Reservoir.
The district’s preferred reservoir site would be on Wolf Creek, with water to be delivered to the reservoir from a proposed pump station on White River.
The proposal still faces major challenges, from federal permitting, to financing, to challenges from environmentalists. But water attorney Alan Curtis, who has been representing the district on the project, said getting the water right is necessary before federal regulatory agencies will consider approving a reservoir proposal…
Decreed uses for water stored in the reservoir include municipal water for the town of Rangely, and replacement water that can be released to offset future water uses within the district boundaries and within the Yellow Jacket Water Conservancy District, which includes portions of eastern Rio Blanco County, Moffat County and the town of Meeker. Use of the water also is allowed to mitigate environmental impacts associated with the reservoir, and for hydroelectric power generation. In-reservoir use is allowed for recreation, fisheries and wildlife habitat.
Under the settlement, the Rio Blanco district dropped its proposal for some of the water to be used to benefit endangered fish in rivers. Kevin Rein, state engineer for the Division of Water Resources, said the state was concerned with preventing water speculation, which is prohibited in Colorado. To get a water right appropriated requires having a good, nonspeculative plan to put the water to beneficial use, he said. He said the district proposal lacked things such as a formal agreement with the Upper Colorado River Endangered Fish Recovery Program or a specified amount of water that would be involved.
The water district also had proposed to store water so in-basin diversions could continue should local water have to be released to downstream states if Upper Colorado River states including Colorado ever fall out of compliance with water delivery obligations under an interstate compact. The district dropped that proposal under the settlement.
As its trial date in water court approaches, hundreds of pages of depositions obtained by Aspen Journalism reveal state engineers’ sticking points regarding a proposed reservoir project they oppose in northwest Colorado.
Over a few days in November, state attorneys subpoenaed and interviewed several expert witnesses and the Rio Blanco Water Conservancy District manager in the White River storage-project case, also known as the Wolf Creek project. Their questions centered on the town of Rangely’s water needs and on whether water is needed for irrigation.
The documents, obtained through a Colorado Open Records Act request, also underscore the extent to which fear of a compact call is shaping this proposed dam and reservoir project between Meeker and Rangely.
The Rangely-based Rio Blanco Water Conservancy District is applying for a conditional water-storage right to build a 66,720-acre-foot, off-channel reservoir using water from the White River to be stored in the Wolf Creek drainage, behind a dam 110 feet tall and 3,800 feet long. It would involve pumping water uphill from the river into the reservoir.
There also is an option for a 72,720-acre-foot on-channel reservoir, although this scale of project is now rare in Colorado. Rio Blanco has said they prefer the off-channel option.
For more than five years, top state water engineers have repeatedly said the project is speculative because Rio Blanco has not proven a need for water above its current supply.
Despite Rio Blanco reducing its claim for water by more than 23,000 acre-feet from its initial proposal of 90,000 acre-feet, state engineers still say the water-right application should be denied in its entirety. After failing to reach a settlement, the case is scheduled for a 10-day trial in January. Division 6 Engineer Erin Light and top state engineers Kevin Rein and Tracy Kosloff are the sole opposers in this case.
Rio Blanco already operates Kenney Reservoir, just east of Rangely on the White River. But it is silting in at an average of 300 acre-feet per year and is nearing the end of its useful life, according to court documents.
A main point of contention between Rio Blanco and state engineers is whether there will be an increased need for irrigation water in the future. Rio Blanco claims it needs 7,000 acre-feet per year for irrigation.
During the depositions, state attorneys questioned Rio Blanco manager Alden Vanden Brink about the need for irrigation water. He claimed there is a local boom in agriculture and that there is high-value farmland that is not being irrigated simply because of a lack of water. Vanden Brink said happiness for residents on the lower White River will increase with access to irrigation water from the proposed reservoir, adding that if irrigation water is made available, demand for it will increase.
“It will make water available in the lower White River so that people can increase their quality of life and have a garden, you can have a few pigs,” Vanden Brink’s deposition reads. “It’s just going to be improvement all the way around.”
But details were sketchy on what specific lands would be irrigated and the district’s plan to get water from the reservoir to irrigators. State engineers, in a subsequent trial brief, say that just because there are lands that might benefit from irrigation doesn’t mean there will be future increased demand. If you build it, they won’t necessarily come.
“Instead, the premise that there will be a demand for water if the water right is granted is exactly the sort of ‘self-fulfilling prophecy of growth’ prohibited under Colorado’s anti-speculation doctrine,” the state’s trial brief reads.
Engineers also say Rio Blanco has not identified how the reservoir, situated low in the White River basin, would serve the majority of irrigated acres located upstream.
“For instance, Rio Blanco has not identified any pipeline construction or other water project works that could run water up to these other locations,” the state trial brief reads.
Rangely’s water needs
Rio Blanco and the state also disagree about the amount of water needed for Rangely, a high-desert town of about 2,300 people near the Utah border. Rangely takes its municipal water from the White River.
In their depositions, Vanden Brink and Gary Thompson, an expert witness and engineer with W.W. Wheeler and Associates, refer to “cow water” as the source of Rangely’s water issues.
According to Vanden Brink, who also is the town’s former utilities supervisor, when flows in the White River drop to around 100 cubic feet per second, water quality becomes impaired. That can include increased algae growth, decreased dissolved oxygen, increased alkalinity and increased mineral contaminants, which require more treatment, he said.
“If you want to look at that water and how you can take that water and make it potable, forgive me, but it looks worse than cow water,” Vanden Brink said in his deposition. “I know if I was a cow, I wouldn’t want to drink it. It’s pretty degraded; it’s pretty muddy, it’s bubbly, it’s gross. And there’s a reason Rangely’s got the extensive treatment that it does.”
In an April letter to Rio Blanco, Town Manager Lisa Piering and Utilities Director Don Reed said Rangely would commit to contract for at least 2,000 acre-feet of storage for municipal use after the reservoir is built. According to expert reports, Rangely’s current demands are 784 acre-feet per year.
Project proponents say that increased flows from reservoir releases will dilute contaminants and improve water quality at the town’s intake.
But this argument doesn’t work for state engineers, who say that the water Rio Blanco says Rangely needs is not based on projected population growth and that Rio Blanco has not analyzed whether the town’s existing water supplies would be sufficient to meet future demands.
“Rio Blanco at trial may attempt to offer evidence regarding needs based on water quality, but Rio Blanco has not disclosed any evidence quantifying the amount of water Rangely would need for that purpose,” the trial brief reads.
Colorado River Compact influence
Depositions and water court documents reveal how water managers’ and experts’ fear — and expectation — of a compact call could influence the project proposal.
According to the 1922 Colorado River Compact, the upper-basin states (Colorado, Utah, New Mexico and Wyoming) must deliver 7.5 million acre-feet a year to Lake Powell for use by the lower-basin states (Arizona, California and Nevada). If the upper basin doesn’t make this delivery, the lower basin can “call” for its water, triggering involuntary cutbacks in water use for the upper basin.
Water managers and policymakers admit that no one knows how it would play out just yet, but risk of this hypothetical scenario becoming reality is increasing as drought and rising temperatures — both fueled by climate change — decrease flows into Lake Powell.
Water managers are especially worried that those with junior water rights, meaning those later than 1922, will be the first to be curtailed. Senior water rights that existed prior to the compact are generally thought to be exempt from compact curtailment.
Many water users in the White River basin, including the towns of Rangely and Meeker, have water rights that are junior to the compact, meaning the users could bear the brunt of involuntary cutbacks in the event of a compact call.
Rio Blanco is proposing that 11,887 acre-feet per year be stored as “augmentation,” or insurance, in case of a compact call. Releasing this replacement water stored in the proposed reservoir to meet these compact obligations would allow other water uses in the district to continue and avoid the mandatory cutbacks in the event of a compact call.
According to Rio Blanco’s trial brief, “there is significant risk of a compact curtailment in the next 25 years that could negatively impact 45% of the water used in the district.”
In his deposition in response to questions from Rio Blanco attorney Alan E. Curtis, Thompson said drought scenarios will get worse in the future, the White River will be more strictly administered and a compact call is likely to occur.
“Things are — in my opinion — drought conditions are increasingly pervasive,” he said.
But state engineers say that augmentation use in the event of a compact call is not a beneficial use under Colorado water law and is inherently speculative. Compact compliance and curtailment are issues to be sorted out by the Upper Colorado River Commission and the state engineer, not individual water users or conservancy districts, they say. The state of Colorado is currently exploring a concept called demand management, which could pay water users to use less water in an effort to boost levels in Lake Powell.
According to their trial brief, state engineers say that while the desire to plan for compact administration is understandable, “the significant uncertainties involved in future compliance under the Colorado River Compact mean that Rio Blanco cannot show a specific plan to control a specific quantity of water for augmentation in the event of compact curtailment.”
The trial is scheduled to begin Jan. 4 in Routt County District Court in Steamboat Springs. Among the witnesses that Rio Blanco plans to call are Colorado River Water Conservation District Manager Andy Mueller, Colorado Water Conservation Board Chief Operating Officer Anna Mauss and Rio Blanco County Commissioner Gary Moyer.
Aspen Journalism is a local, nonprofit, investigative news organization covering water and rivers in collaboration with The Aspen Times and other Swift Communications newspapers. This story ran in the Dec. 26 edition of The Aspen Times and the Vail Daily, and the Dec. 28 edition of Steamboat Pilot & Today.
On Nov. 30 Governor Jared Polis sent a “memorandum of drought emergency” to executive directors of state government departments. The memo marks the beginning of phase 3 “full plan activation” of the state’s Drought Mitigation and Response Plan.
The memo said “deep and persistent drought conditions” had covered the state for 15 weeks, noting that this level of drought had not been observed since 2013. It also activated the “Municipal Water Impact Task Force,” chaired by members of the Colorado Water Conservation Board and the Department of Local Affairs.
The memo states: “The initial objective of the Task Force is for water suppliers to coordinate with each other and the state going into winter to prepare for anticipated drought-related challenges and opportunities in 2021.”
“So it’s telling you to get planning for a drought, which is what your water conservancy districts, Yellow Jacket and the Rio Blanco Water Conservancy districts are attempting to do” said Alden Vanden Brink, District Manager for the Rio Blanco Water Conservancy District.
During a Dec. 14 Board of County Commissioners work session, he spoke about the Governor’s memo and its implications for the basin. “I’ve been following up on this quite a bit trying to make sure they understand that there is no drought contingency within our White River basin,” he said.
By drought contingency, Vanden Brink was referring to storage, of which he said there is very little in the basin. “You’re looking at just a couple of days worth of water, literally,” said Vanden Brink, later adding “we have a real problem with the lack of storage in our basin, a real problem, and it makes us extremely vulnerable.”
That vulnerability, though not exactly new to the basin, is growing more urgent. Colorado’s record drought in 2020 was just the beginning of a more long term trend, according to leading climatologists and groups like the National Oceanic and Atmospheric Administration (NOAA)…
That planning includes preparations for an upcoming water court lawsuit set to begin in the first week of January. “It’s to get a conditional water right to construct a reservoir for drought contingency within the White River basin.” said Vanden Brink, referring to the Wolf Creek Reservoir, also known as the White River Storage project. The project would store between 66,000 and 73,000 acre feet of water, depending on the exact location.
In an expert report submitted earlier this year, state engineers contested that Rio Blanco had failed to identify the need for that much water. Ultimately that disagreement is what prompted the lawsuit between the Rio Blanco Water Conservancy District and the State’s Division of Water Resources.
Adding to his message of urgency, Vanden Brink talked about proposed “demand management” strategies which are likely to become more prevalent in coming years. “What they’re looking at doing is paying a rancher to idle his field for a given period of time, and allow that water to flow by,” said Vanden Brink, noting that the development of those strategies was a changing dynamic. Although he didn’t speak negatively about the concept in general, he was concerned about its potential impact in the region. “Not allowing that water to go be used for flood irrigation….flood irrigation is what recharges our groundwater aquifer. That’s taking away from that groundwater aquifer what little storage we have, which is the aquifer” said Vanden Brink.
He argues that given the lack of existing storage, and thus lack of drought contingency in the basin, the Governor’s memorandum of drought emergency provides more legitimacy to Rio Blanco’s proposed reservoir project.
As a Yampa River Botanic Park team member, [Jeff] Morehead removes the diversion dam on Fish Creek under U.S. Highway 40 every year. The water flows through two arches under the road, and the dam keeps the water level high enough in one of them so water diverts to the Yampa River Botanic Park.
Each fall after Halloween, the park closes and Morehead removes the dam. This year, as requested by Steamboat Springs Water Resources Manager Kelly Romero-Heaney and Public Works City Engineer Ben Beall, Morehead removed the structure a bit earlier. Additionally, he created a wing dam of rock and fabric to divert the water through one arch instead of two, deepening the flow of water.
“I was just happy to help,” said Morehead. “You could tell the fish were going right past me while I was doing it. I was like, ‘Holy crap, this is absolutely working.’”
Without the diversion, waterflow through both arches isn’t deep enough to allow the fish to swim and jump through the box culvert steps. The middle arch has one large step of about 18 inches, according to Morehead, which would be nearly impossible for the fish to leap over.
“It’s staircased in a way that the drops are like 18 inches and there’s a long flat that approaches the staircase, so the whitefish can’t really swim and get a jump over that 18 inches.”
There used to be a third arch, but as of summer 2019, a sidewalk underpass filled the far right arch. That left the far left arch as the only viable option for fish to get upstream.
With more water flowing through the arch, it allowed whitefish to swim upstream and spawn in the waters of Fish Creek. Development and low water levels have made it harder to access their main spawning tributary for the fish living in the headwaters of the Yampa. The whitefish spawn, or lay their eggs, in early to mid-October. The eggs will hatch in the spring before the waters reach their peak flow.
As seen in a video taken and edited by Morehead, the whitefish seem to have utilized the access point to Fish Creek.
Whitefish populations in the Yampa River Basin have been dwindling for years, so, as part of the Yampa River Health Assessment and Streamflow Management Plan adopted in 2018, the city of Steamboat Springs vowed to “promote native fish populations from further decline and promote range expansion where possible.” The Fish Creek diversion is just one way the city is working to accomplish that task.
The mountain whitefish isn’t endangered, but its numbers are falling in the Yampa River Basin, where it’s one of two native salmonids in the area, the other being cutthroat trout. The species is also found in Colorado in the White River Basin. They live in the Northwest in cool waters of high elevation streams, rivers and lakes, particularly in Montana, Idaho, Oregon and Washington.
While they are thriving in other areas of the country, including the White River Basin, they are struggling in the Yampa River Basin as noted in samples taken from the river every few years, most recently conducted by Billy Atkinson, an aquatic biologist for Colorado Parks and Wildlife.
A huge reason for their decline is the non-native northern pike. Pike are predacious fish and feed on the whitefish. There have been efforts to control the pike population in the area, which is another goal of the Yampa River Health Assessment and Streamflow Management Plan.
Mountain whitefish are doing well in the White River, where there are no northern pike to prey on the native fish. There are other ecological factors that can be attributed to the whitefish’s success in the White River basin, but no pike is the biggest difference between that system and that of the Yampa River.
Predation is just one issue plaguing the whitefish.
The whitefish, which can grow up to 2 feet, loves cold water in high elevations. A 20-year drought in Colorado has brought on some particularly rough water years, though, lowering the flow in rivers across the state.
The Yampa River was extremely low this year, closing to usage Sept. 2 when the streamflow dropped below 85 cubic feet per second. Shallower water is warmed by the sun far easier than deeper water, causing stress to fish that prefer cooler temperatures.
Thankfully, there are already efforts in place to improve this on two fronts. The Upper Yampa Water Conservancy District releases water from Stagecoach Reservoir to improve river flow and prevent the loss of fish habitat when the water line lowers.
Additionally, the Yampa Valley Sustainability Council and Retree have been planting young trees on the banks of the Yampa in designated spots. When they grow, the trees will provide shade to the river, helping maintain lower temperatures.
This year, with water levels so low, the end of summer river closure extended into the fall to put less stress on the entire Yampa River ecological system. With low flow, fish, such as the mountain whitefish, concentrate in small pools due to limited resources.
A water court case is headed toward trial because the state of Colorado and a water conservancy district still cannot agree on whether the district actually needs the amount of water it claims it does for a large dam and reservoir project in the northwest corner of the state.
Expert reports from an engineering firm, an aquatic ecologist and an economics firm outline how they say the Rio Blanco Water Conservancy District can and will put its water storage rights to beneficial use. But even after Rio Blanco reduced the amount of water it’s asking for by more than 23,000 acre-feet, a report from Colorado’s top water engineers indicates the district still largely has a project in search of a need.
In their expert report submitted Aug. 31, Deputy State Engineer Tracy Kosloff and Division 6 Engineer Erin Light outline 11 instances where they say Rio Blanco has not met the requirements of state law by showing it has a specific plan and intent for the water it says it needs.
According to the report, Rio Blanco has not shown a need for water above its current supply in the categories of irrigation, municipal use, recreation, maintenance and recovery of endangered species or a back-up water supply to protect against a compact call. State engineers are asking that part or all of the water claimed for these uses be removed from the court’s final decree and deducted from the total water rights claim.
A pre-trial readiness conference is scheduled for Nov. 13. The case is scheduled to go to a 10-day trial starting Jan. 4 in Routt County District Court in Steamboat Springs, but the parties could still reach a settlement before then.
In 2014 Rio Blanco applied for a 90,000 acre-foot conditional water-storage right on the White River and proposed a dam and reservoir between Rangely and Meeker, known as the White River storage project or the Wolf Creek project. The district has now reduced that claim to either 66,720 acre-feet for an off-channel reservoir or 72,720 acre-feet for an on-channel reservoir.
There are two proposed versions of the project: one that would construct a dam and reservoir on the White River (the scale of this project is now rare in Colorado) or an off-channel reservoir at the bottom of Wolf Creek gulch, in the arid sagebrush hills just north of the river.
The conservancy district would prefer to build the off-channel option: a 66,720-acre-foot reservoir, with a dam that is 110 feet tall and 3,800 feet long. An off-channel reservoir would involve pumping water uphill from the river into the reservoir.
Rio Blanco is a taxpayer-supported special district that was formed in 1992 to operate and maintain Taylor Draw Dam, which creates Kenney Reservoir, just east of Rangely. The district extends roughly from the Yellow Creek confluence with the White River to the Utah state line.
Disputed amounts and uses
Rio Blanco says the project should store 7,000 acre-feet annually for irrigation. But Light and Kosloff’s report says according to the 2019 Technical Update to the Colorado Water Plan, the irrigated acres in the White River Basin are projected to decrease in the future, and that this storage project, because it is situated low in the basin, cannot serve the majority of the irrigated lands anyway, which are concentrated upstream along the mainstem of the White River near Meeker and along tributaries like Piceance Creek.
“Per the proposed decree, the applicant is once again requesting the court award irrigation use,” the engineer’s expert report reads. “The engineers continue to contend there is no evidence to suggest that there is a future water need for this purpose.”
Rio Blanco says some of the water would also be used in a future augmentation plan to replace depletions within the district that are out of priority due to a Colorado River Compact curtailment.
Rio Blanco is proposing that 11,887 acre-feet per year be stored as “augmentation,” or insurance in case of a compact call. According to the 1922 Colorado River Compact, the upper basin states (Colorado, Utah, New Mexico and Wyoming) must deliver 7.5 million acre-feet a year to Lake Powell for use by the lower basin states (Arizona, California and Nevada). If the upper basin doesn’t make this delivery, the lower basin can “call” for its water, triggering involuntary cutbacks in water use for the upper basin.
By releasing this replacement water stored in the proposed reservoir to meet these compact obligations, it would allow other water uses in the district to continue and avoid the mandatory cutbacks in the event of a compact call.
But state engineers say compact compliance is a problem to be tackled by the state and not individual water users. And since no one knows exactly how compact compliance would unfold (that’s still to be decided by the Upper Colorado River Commission and the state engineer) it’s not possible for Rio Blanco to have a plan in place for this augmentation water.
Light and Kosloff’s report says there is no recognized beneficial use that allows a water right “to provide water to users outside of Colorado for the purpose of allowing ongoing diversions of water rights within Colorado.”
Rio Blanco claims it needs three years-worth of drought contingency storage for uses within the basin. But state engineers say that there has never been a call on the White River below the town of Meeker, even in the driest years, and the likelihood of the reservoir being able to fill during the runoff season every year is extremely high. Light and Kosloff point out that not even Denver Water or Aurora Water have three times their annual demand in reserve.
The state also says Rio Blanco has overestimated the amount of water the town of Rangely will need, and that the need for the full amount claimed for recreation water is unsubstantiated, as is the need for water for the recovery of endangered fish species.
No comment from engineers, district officials
State engineers declined to talk to Aspen Journalism about their expert report.
Rio Blanco District Manager Alden Vanden Brink also declined to comment on the state’s opposition, citing concerns about litigation. Vanden Brink also is chair of the Yampa/White/Green River Basin Roundtable and sits on the board of the Colorado River Water Conservation District.
But another roundtable member says the project doesn’t hold water. Deirdre Macnab owns 4M Ranch, which is adjacent to the proposed project site, and was until recently the sole remaining opposer in the case. She recently pulled out of the formal water court process, citing mounting legal costs, but still opposes the project.
“Families living in western Rio Blanco County should be aware that a project that the professionals say doesn’t show any justification would put them in debt for years, and not just paying for the hundreds of millions in construction costs, but also almost a million dollars every year in electricity costs to pump the water up and over the dam,” Macnab said in a written statement. “Do Rio Blanco citizens really think this is in our economic best interests?”
Despite the state opposing the current project proposal, since 2013 it has also given roughly $850,000 to Rio Blanco in the form of Colorado Water Conservation Board grants to study the project. The Colorado River Water Conservation District has also given Rio Blanco $50,000 to investigate the feasibility of the project.
River District General Manager Andy Mueller said the multi-purpose water uses outlined in the project is the way water projects should be put together.
“Identifying the right-size project for the White River is still very important,” he said. “The specifics about the White River storage project as it’s currently proposed I think are things that still need to be worked out.”
Aspen Journalism is a local, nonprofit, investigative news organization covering water and rivers in collaboration with The Steamboat Pilot & Today and other Swift Communications newspapers. This story ran in the Oct. 6 edition of The Steamboat Pilot & Today.
The second-ever call on the Yampa River was lifted [August 3, 2020] morning after a trio of water providers announced the release of up to 1,500 acre-feet of water from Elkhead Reservoir to support irrigators in the Yampa River Valley and endangered fish.
The latest call was placed on the Yampa River on Aug. 25. The first call was in the late summer of 2018, also after an uncommonly hot, dry summer. The release of the water has ended the immediate need for water administration, allowing irrigators who had been legally prevented from taking water to resume diversions.
Tri-State Generation and Transmission Association has begun releasing 500 acre-feet of its water, and the Colorado River District is releasing another 750 acre-feet of water that it controls from the reservoir near Hayden.
A third organization, the nonprofit Colorado Water Trust, will use money from the Colorado Water Conservation Board to support the upper Colorado Endangered Fish Recovery Program’s contract for additional water in Elkhead in 2020. The Colorado Water Trust also has raised private funds to support a potential release of 250 acre-feet of water to provide in-channel flows for endangered fish species in the Yampa.
Water will continue to be released from Elkhead Reservoir, as necessary, through September. Rain, snow and cloud cover could suppress demand.
Irrigators, fish feeling the heat
A statement from the River District and Tri-State emphasized the intention of helping irrigators.
“Agriculture producers in the western U.S. currently are being hit with the triple threat of drought, low prices and pandemic restrictions, so anything we can do to ease the burden of farmers and ranchers in the Yampa Valley is something we are willing and honored to do,” said Duane Highley, CEO at Tri-State, the operator of coal-fired power plants near Craig.
Andy Mueller, the general manager of the River District, echoed that theme.
“We hope these actions help alleviate the depth and severity of ranchers being curtailed and allow some of them to turn their pumps back on to grow more forage before winter,” he said.
“It was a crazy hot and dry summer,” said Andy Schultheiss, the executive director of the Colorado Water Trust. “There was just nothing left in the river — or, at least, very, very little.”
Schultheiss said the trust was interested in preserving habitat for fish and other species in the river, including fish in the lower reaches of the Yampa that are on the endangered species list. In August, the organization also contracted to release 500 acre-feet of water from the Stagecoach Reservoir, near Oak Creek, to ensure flows through Steamboat Springs.
Impact of the releases was reflected Thursday afternoon at stream gauges maintained by the U.S. Geological Survey. The river above the confluence of Elkhead Creek was running 102 cubic feet per second. Bolstered by the reservoir releases, however, it was running 125 cfs downstream at Maybell. It was 95 cfs at Deer Lodge, located 115 river miles downstream from Elkhead Reservoir at the entrance to Dinosaur National Monument, below several agricultural diversions.
A warming climate of recent decades and the weather of the past year probably both played a role in 2020’s second-ever Yampa call.
“August likely will end in the top 10 hottest and driest on record in the Yampa basin,” state climatologist Russ Schumacher said during an Aug. 25 webinar. “You see warmer-than-average temperatures everywhere except a couple of pockets in North Park.”
Many areas were 4 to 6 degrees above average, and some pockets were even hotter. Fall and winter temperatures are more variable, which summer’s are much less so, said Schumacher. “Having 5 or 6 to 8 degrees above average in summer is quite remarkable,” he said.
The River District’s Mueller nodded to this broader context.
“As drought and low flows promise to persist, today’s cooperative actions could help us learn and plan for an uncertain water future,” he said.
Regulation is new reality
What sets the Yampa River apart from other rivers in Colorado is its storied tradition: a river without administration. The contrast may be most stark with the South Platte, which drains the heavily populated towns and cities and still abundant farms on the northern Front Range. There, it’s barely an exaggeration to say that every drop is measured, ensuring that diverters are taking only as much water as to which they have rights.
The Yampa has typically met the needs of all diverters, including those of irrigators, who are responsible for nearly all the water consumed in the Yampa River basin on an annual basis. Diverters were on an honor system to take no more than their allocated share of water.
Putting a call on a river requires the sorting out of water rights under Colorado’s first-in-time, first-in-right hierarchy. Those with mostly older — and, therefore, senior rights — have first dibs but only to the amount they are allocated.
The call placed on the river Aug. 25 was triggered by agriculture users lower on the river, at Lilly Park near Dinosaur National Monument. They were failing to get the river’s native flows to which they were entitled within their priority of 1963.
To honor the seniority of those water rights, Erin Light, the division engineer, initiated a call on the river to ensure that the more senior right would get delivery of the water.
Those affected were all water users upstream, even to the headwaters, with junior or more recent allocations. Junior water users are cut off to the amount necessary to satisfy the call, which could be partially or completely, as per the needs of the downstream user with the senior but unsatisfied allocation.
Light last year announced that all water diverters must install headgates and measuring devices, to allow withdrawals to be controlled and measured. Some have done so, others have been given extensions and some others have failed to comply, she said. Those without headgates and measuring devices — even if they have a more senior water right — risk being cut off entirely when a call occurs.
This push to measure diversions began at least a decade ago, after Light arrived in the Yampa Valley. One of those she persuaded was Jay Fetcher, who ranches along the Elk River, northwest of Steamboat Springs. He remembers some grumbling. The informal method had always worked. Now he’s glad he can prove he’s taking his allocated water — and no more.
“Once we changed, we realized that it was a real plus,” Fetcher said. “We knew what we were doing with our water, and we could justify (our diversions), not only to ourselves, but to Erin and the state.”
Jim Pokrandt, the director of community affairs for the River District, echoed that sentiment.
“It’s in everybody’s best interest,” Pokrandt said, “to foster a solution that recognizes the reality, that doesn’t put agriculture out of business, while we are on the pathway to better water administration.”
Aspen Journalism is a local, nonprofit, investigative news organization covering water and rivers in collaboration with Steamboat Pilot & Today and other Swift Communications newspapers. This story ran in the Sept. 7 edition of Steamboat Pilot & Today.
The Upper Yampa Water Conservancy District has started releasing water from Stagecoach Reservoir to boost flows into the city of Steamboat Springs’ waste water treatment plant.
The release of 350 acre-feet of water also has the aim of keeping water temperatures cooler to protect the health of the ecosystem and to meet local supply needs, according to a news release from the district. This comes as rivers across Colorado are experiencing varying degrees of drought…
The district also initiated its annual drawdown of Stagecoach Reservoir, during which managers will gradually release an additional 1,000 acre-feet of water through Sept. 30.
All of this means higher flows on the local river. As of Tuesday, the Yampa River was flowing at about 160 cubic feet per second at the U.S. Geological Survey’s stream gauge at the Fifth Street Bridge, up from 90 cfs on Aug. 11…
Thanks to a grant from the Yampa River Fund, the Colorado Water Trust will lease an additional 500 acre-feet of water from the Conservation District, which is intended to improve river health and enhance flows during the hot, dry weeks ahead, according to the news release. The Water Trust can purchase additional water if necessary, up to 4,000 acre-feet for the rest of the year…
This marks the seventh year in the past decade that the Water Trust leased water from Stagecoach River to maintain healthy flows and water temperatures. The organization uses forecast models and historical data to gauge how much water to release during any given year.
State regulators in the Yampa River basin say most water users are now willingly complying with an order to measure how much water they are taking — an order once greeted with suspicion and reluctance. But challenges to compliance remain, including the cost of installing equipment.
Last fall, the Colorado Division of Water Resources ordered nearly 500 water users in the Yampa River basin to install measuring devices to record their water use. Nearly a year later, most of those water users are embracing the requirement, according to water commissioner Scott Hummer.
“I am fully confident that over 90% of the people who have orders pending have either complied, are in the process of complying or have asked for an extension,” Hummer said. “So we are getting the cooperation and buy-in that we are requesting from our water users. They are understanding why we are doing it, at least in my area.”
Hummer is the water commissioner for Water District 58, which spans 400 square miles and includes all the water rights above Stagecoach Reservoir. He oversees between 350 and 400 diversion structures.
Measuring water use is the norm in other river basins, especially where demand outpaces supply. But the tightening of regulations is new to the Yampa River basin, and the order was initially met with resistance from some ranchers.
John Raftopoulos, whose family ranches along the Little Snake River, a tributary of the Yampa in Moffat County, said he thinks most irrigators are complying. His cattle ranch has about 15 measuring devices, and he has to install a few more to be completely compliant.
“I know (the state) has to use them. There’s no other way they can control the water; they’ve got to have the measuring device,” Raftopoulos said. “You just got to bite the bullet and install them.”
State law requires water users to maintain measuring devices on their canals and ditches, but this rule was not enforced in Division 6 — consisting of the Yampa, White, Green and North Platte river basins — because historically there was plenty of water to go around in the sparsely populated northwest corner of the state. Long seen as the last frontier of the free river, there has been little regulatory oversight from the state when it came to irrigators using as much water as they needed. But that changed in 2018 with the first-ever call on the river.
A call is prompted when streamflows are low and a senior water rights holder isn’t receiving their full amount. They ask the state to place a call, which means upstream junior water rights holders must stop or reduce diversions to ensure that the senior water right gets its full amount.
Although the order for a measuring device comes with a deadline and the threat of fines, Division 6 engineer Erin Light has been lenient with water users and willing to give them extra time to get into compliance. The process to request an extension is simple: A water user can simply email Light.
“If a water user is working with our office, we are not going to go shut their headgate off,” she said. “We are going to work with them.”
Light doesn’t have an exact count on how many water users have complied so far — water commissioners are working in the field this summer and haven’t had time to enter the most current information into the division’s database yet — but as of January, the Yampa had 49% compliance.
“I am not hearing anything (from water commissioners) about concerns of noncompliance. If there were problems, they would let me know,” Light said. “I have a fair amount of confidence that things are going well in all my areas as to compliance.”
Still, some worry that the cost of installing the devices — which in most cases are Parshall flumes — is too big a financial burden for some water users. The devices, which channel diverted water and measure the flow below the headgate, can cost thousands of dollars, which adds up for water users who need to install multiple devices.
The Upper Yampa Water Conservancy District and the Yampa-White-Green Basin Roundtable have teamed up in recent months to create a $200,000 grant program to help water users with infrastructure-improvement expenses. According to Holly Kirkpatrick, the communications manager for the conservancy district, water users so far have completed about $3,500 worth of work. That money will be reimbursed through the grant program.
“We expect to see a huge influx of applications as the season comes to an end,” she said.
In March, Light issued notices to water users in the other Division 6 river basins — White and Green — but decided to delay sending orders after talking with some who had concerns over the economic crisis caused by the COVID-19 pandemic.
In a June letter to Light, signed by four water conservancy districts — White River, Rio Blanco, Yellow Jacket and Douglas Creek — representatives said they would be interested in seeking opportunities for financial assistance for their water users. Under the best-case scenario, it would take until spring to secure grant money and begin installing devices, the letter said.
“This year is a tough year to try and ask people to do anything above and beyond what they already have to do,” said Callie Hendrickson, executive director of the White River and Douglas Creek Conservation Districts. “I know (Light is) willing to give extensions, but right now, our folks don’t need that additional financial or emotional stress.”
Colorado River Compact influence
Some water users have questioned why, after years of not enforcing requirements for measuring devices in Division 6, the state is now doing so. One answer is that more and better data about water use is becoming increasingly necessary as drought and climate change reduce streamflows, create water shortages and threaten Colorado’s ability to meet its Colorado River Compact obligations.
Division 6 has traditionally enjoyed abundant water and few demands, but as state regulators saw with the 2018 call, that dynamic is no longer guaranteed every year. As the threat of a compact call and the possibility of a state demand-management program grow, state officials say the need to measure water use grows, too.
A major unknown is what would happen in the event of a compact call. A compact call could occur if the upper-basin states — Colorado, Utah, Wyoming and New Mexico — were not able to deliver the 75 million acre-feet of water over 10 years to the lower basin states — California, Arizona and Nevada — as required by the 1922 compact. Colorado water managers desperately want to avoid this scenario, in part because it could trigger mandatory cutbacks for water users.
State engineer Kevin Rein said that without knowing how much water is being used, it’s a blind guess as to which junior water users would have to cut back.
“We could see the (cubic feet per second) amount that the water right is decreed for, but we don’t know how much is really being diverted and we don’t know how much is really being consumed, so we don’t know what effect it’s going to have on meeting our compact obligations,” Rein told Aspen Journalism last week.
It’s a similar scenario with a potential demand-management program. At the heart of such a program is a reduction in water use in an attempt to send as much as 500,000 additional acre-feet of water downstream to Lake Powell to help the upper basin meet its compact obligations. Agricultural water users could get paid to take part in the temporary, voluntary program to fallow fields and leave more water in the river.
But before they could participate in a demand-management program, the state needs to know how much water that an irrigator has been using.
“The first thing we need is diversion records,” Rein said. “If there’s no measuring device, no record of diversions and somebody wants to participate, they are simply not going to have the data to demonstrate their consumptive use.”
Since nearly everyone is making progress, Hummer said he doubts that enforcement will reach a point where he has to fine someone for not measuring their water use. Still, the transition is a tough one for an area not accustomed to state government oversight of their ditches.
“We are just dealing with difficult circumstances within the whole Colorado River basin system that dictates change, and folks don’t like change, especially in rural areas,” Hummer said. “But it’s here and it’s not going away. The demand for measurement will become more stringent in the future, not less.”
Aspen Journalism is a local, nonprofit, investigative news organization covering water and rivers in collaboration with The Aspen Times, along with other Swift Communications newspapers. This story ran in the Aug. 15 edition of the Steamboat Pilot & Today and the Aug. 17 edition of The Aspen Times.
From the Douglas Creek Conservation District via The Rio Blanco Herald-Times:
Did you learn the definition of an alluvium this weekend? Or what estoppel means? If you attended the Douglas Creek Conservation District’s “Water Law in a Nutshell” class this weekend, presented by Mr. Aaron Clay, you now know the answers to both questions.
The Water Law in a Nutshell class covered numerous water topics pertinent to Rio Blanco County residents. Twenty-four individuals were able to take advantage of the class in-person or by Zoom.
Primary topics included water terminology, measurements of water, Prior Appropriation Doctrine, practical application of water law, and interstate compacts. Excellent questions and engagement from the 25 participants helped everyone have a much better understanding of Colorado water law and how it affects them directly.
One of many examples of valuable information is learning about “domestic preference” in the Prior Appropriations system. While domestic water use has preference over any other purpose, including agriculture and manufacturing, a Colorado Supreme Court case decided that provision does not alter the priority system. “However, it does give municipalities the power to condemn water rights, if the owners of those water rights are paid just compensation.”1
Another example is how important it is to verify water rights when purchasing property with water. If the water right is stock in a ditch company, the purchaser should verify with the ditch company that the stock certificate is recorded in the current landowner’s name and the amount. If not stock in a ditch company, it is important to verify the water right at the clerk and recorders’ office.
The seven-hour Water Law in a Nutshell class was recorded. If you are interested in viewing the class please contact the District office at email@example.com or 970-878-9838 to make arrangements.
FromThe Grand Junction Daily Sentinel (Dennis Webb):
The toothy, predacious fish hasn’t broken any laws on its own, but someone is thought to have done so by introducing the nonnative species into Kenney Reservoir on the White River.
It’s a fish that’s fun to catch and great to eat, said Colorado Parks and Wildlife spokesman Randy Hampton. But it also wreaks havoc on populations of rainbow trout and other species that make up the fishery at Kenney. Worse yet, northern pike pose a threat to endangered fish that are part of an intensive recovery program in the Upper Colorado River and its tributaries in Colorado, Utah and Wyoming.
That’s the back story behind why CPW and the Rio Blanco Water Conservancy District are working with partners to offer anglers a $20 reward through Nov. 30 for every northern pike caught and removed from Kenney Reservoir, the White River and other waters from approximately Stedman Mesa to the Utah border…
Another concern is the threat pike pose to Colorado pikeminnow, one of four endangered fish that are the focus of the Upper Colorado River Endangered Fish Recovery Program. The largest adult population of the Colorado pikeminnow is on the lower White River, which is designated critical habitat for the fish upstream and downstream of Kenney Reservoir. The lower 18 miles of the White River in Utah is designated critical habitat for the endangered razorback sucker.
The reward for northern pike was first offered last year, and just 19 fish were turned in. Hampton said northern pike can be harder to catch, favoring deep, cool waters farther from shore. Organizers hope for more participation this year, to get anglers more involved in the efforts to eradicate the northern pike around Rangely.
Participants should bring their freshly caught northern pike to CPW’s office in Rangely from 7 a.m. to 4 p.m. on Mondays through Thursdays and 7 a.m. to 3 p.m. on Fridays. CPW staff will dispense reward money that comes from the Colorado Water Conservation Board, and is sourced from the state Species Conservation Trust Fund generated by severance tax dollars.
Partners in the effort also are planning a weekend fishing derby and expo June 5-7. It includes a $250 prize for whoever brings in the most smallmouth bass, another nonnative predator. With COVID-19 social-distancing measures being heeded, there will be interactive learning opportunities, a display of an electrofishing boat and an aquarium display including endangered fish.
Here’s a guest column from the White River Conservation District that’s running in The Rio Blanco Herald-Times:
The State of Colorado adopted the Colorado Water Plan in 2016. The Plan proposes to create a water management roadmap to achieve a productive economy, vibrant and sustainable cities, productive agriculture, a strong environment and a robust recreation industry. Specific to protecting and enhancing stream flows, the plan calls for 80% of locally prioritized rivers to be covered by Stream Management Plans (SMP) by 2030.
Through this effort, locally-led groups are encouraged to develop plans that will help meet the above 80% goal. The Water Plan initially encouraged only SMPs using biological, hydrological, geomorphological and other data to assess the flows or other physical conditions that are needed to support collaboratively identified environmental and/or recreational values.
However, experience across the State has shown the need to incorporate a more holistic approach including consumptive uses (agriculture, municipalities, energy, etc.). These types of plans are often called an Integrated Water Management Plan (IWMP). The local community is encouraged to determine what they want to accomplish and then find the right planning effort to help them achieve their goals.
The White River and Douglas Creek Conservation districts embarked on an effort in 2019 to identify what local needs can be met through the development of a plan and to determine community support for this effort. The districts are working with a Planning Advisory Committee (PAC) made up of 16 individuals representing agriculture, municipalities, industry, environment, recreation and land/water right holders. The committee is well balanced geographically within Rio Blanco County and members have strong knowledge of water rights, water quality and quantity concerns, water planning efforts, and local customs and cultures.
During December, district staff conducted approximately 25 interviews of local citizens identified by the committee. Questions developed by the committee were used for the interviews. The information gathered from the interviews are being used to develop a starting point for the much broader discussion within the community during January…
More information on the process and Planning Advisory Committee is available on the districts’ website at http://www.whiterivercd.com. Please contact the district office at 970-878-9838 with any questions. We look forward to your input.
After years of their questions and concerns not being met, Colorado’s top water engineers are looking to formally oppose the water rights associated with a proposed reservoir project in northwest Colorado.
In November, the Colorado Division of Water Resources filed a motion to intervene in the Rio Blanco Water Conservancy District’s application for a 90,000-acre-foot conditional water-storage right on the White River. The state DWR is now waiting for a judge to determine whether it will be allowed to file a statement of opposition in the case.
For more than 4½ years, state engineers have expressed concerns that the conservancy district has not proven there is a need for the water, which would be stored in the proposed White River reservoir and dam project between Rangely and Meeker. The issue is whether Rio Blanco has shown that it can and will put to beneficial use the water rights it applied for in 2014. It remains unclear whether the town of Rangely needs the water.
“And throughout this case, the Engineers have consistently maintained that RBWCD must demonstrate that its claimed water right is not speculative,” the motion reads. “Although RBWCD has addressed some of the Engineers’ concerns in the past six months, the Engineers maintain that RBWCD has not met its burden.”
State Engineer Kevin Rein said his office had been trying to resolve its concerns with Rio Blanco’s claims to water informally and doesn’t take filing a motion to intervene lightly.
“We are very aware of the influence we can have on the process and costs and delays, so we don’t just frivolously file a statement of opposition every time we have some issue with a case,” Rein said. “We believe there are issues that need to be fixed in this water-court application in order for it to go forward.”
Rio Blanco declines comment
The White River storage project, also known as the Wolf Creek project, would store anywhere from 44,000 to 2.92 million acre-feet of water. The water would be stored either in a reservoir formed by a dam across the main stem of the White River — this scale of project proposal is now rare in Colorado — or in an off-channel reservoir at the bottom of Wolf Creek gulch, just north of the river. Water would have to be pumped from the river uphill and into the off-channel reservoir.
Rio Blanco District Manager Alden Vanden Brink declined to comment on the state’s opposition, citing concerns about litigation. Vanden Brink also is chair of the Yampa/White/Green River Basin Roundtable and sits on the board of the Colorado River Water Conservation District.
Rio Blanco is a taxpayer-supported special district that was formed in 1992 to operate and maintain Taylor Draw Dam, which creates Kenney Reservoir, just east of Rangely. The district extends roughly from the Yellow Creek confluence with the White River to the Utah state line.
Rio Blanco says Kenney Reservoir is silting in at a rate of 300 acre-feet per year, threatening the future of Rangely’s water supply and flatwater recreation, and a new off-channel reservoir on the White River could help solve this problem.
If a water-court judge grants the motion to intervene, the state will become the second opposer in the case. Currently, the only other remaining opposer is 4M Ranch, owned by Deirdre Macnab.
Tucked between rolling hills of arid, sagebrush-covered rangeland, the proposed reservoir and dam site abut her 13,000-acre property along the White River.
Macnab, who bought the beef and hay operation nearly five years ago, is on the board of the conservation group White River Alliance, as well as the Yampa/White/Green River Basin Roundtable. Macnab said the main reason she opposes the reservoir project is because of the state’s concerns.
“If we felt that there was a clear purpose and need that would benefit the public, then we would, in fact, be supportive of this,” Macnab said. “But the fact that the experts are saying there does not appear to be a clear purpose and need means that this would be a real travesty and waste of taxpayer money. It’s something we will continue to oppose until that changes.”
State engineers are also concerned about the vagueness of the revised amounts of water for various uses that Rio Blanco says it needs.
In a 2018 report, Division 6 engineer Erin Light questioned Rio Blanco’s claims that it needed water for industrial/oil and natural gas/oil shale and irrigation uses. In response, Rio Blanco dropped those claims but almost doubled the need for municipal and industrial use for the town of Rangely and added a new demand for recreation.
The conservancy district also set the amount of water for environmental needs for threatened and endangered species at between 3,000 and 42,000 acre-feet despite its acknowledgement that the actual amount needed for this use was unknown. Rio Blanco then added a new demand for a sediment pool of 3,000 to 24,000 acre-feet and an insurance pool of up to 3,000 acre-feet but did not describe either of these uses.
“Thus, despite removing its claims for industrial/oil and natural gas/oil shale, which originally accounted for over half the demand for the claimed water right, the total demands for water identified by RBWCD actually increased to 24,000-100,000 acre-feet,” the motion to intervene reads.
Since 2013, the Colorado Water Conservation Board has given roughly $850,000 in grant money to Rio Blanco to study the White River storage project, including a $350,000 Colorado Water Plan grant in 2018. According to CWCB communications director Sara Leonard, Rio Blanco has so far spent about 60% of these most recent grant funds.
Leonard said that DWR’s motion to intervene was not a surprise to the CWCB, that the two state agencies with seemingly differing views on the project have met and that the CWCB is aware of the state engineers’ concerns.
“The grants that have been awarded to the applicant to date have all been with the intention of helping the District with the evaluation process,” Leonard wrote in an email. “In other words, the motion has not changed the scope of the ongoing work in the grant.”
The Colorado River Water Conservation District has also given Rio Blanco $50,000 toward investigating the feasibility of the storage project.
“We are not advocates and we are not opposers,” said Jim Pokrandt, director of River District community affairs and chair of the Colorado River Basin Roundtable. “It’s a regional question that our constituents need to figure out.”
Aspen Journalism collaborates with The Craig Daily Press and other Swift Communications newspapers on coverage of water and rivers. This story appeared in the Jan. 17, 2020 edition of The Craig Daily Press.
Here’s the release from the Utah Department of Natural Resources (Kim Wells:
After reviewing and incorporating over 330 public comments, the Utah Division of Water Resources has finalized regional water conservation goals. Goals were established for nine regions around the state for municipal and industrial (M&I) water conservation. M&I includes residential, commercial, institutional (for example, schools and parks), and industrial water use, and excludes agriculture, mining and power generation.
“We appreciate all those who took the time to review the goals and share their opinions,” said Division of Water Resources Director Eric Millis. “There were some insightful comments, which were incorporated into the report. There is always value in soliciting public input.”
Although the numbers did not change, the comments improved the readability of the report including text clarifications that make the report better. All 334 comments and the division’s response to them are included in Appendix J of the report. The comments were collected during a 30-day comment period that ran from Aug. 27-Sept. 25.
The goals vary by region. When every region reaches its goal, a 16% water use reduction will be realized by 2030. This approach allows the goals to be tailored to each region’s characteristics.
“When you look at the amazing variety we have in our great state – from southern Utah’s red rocks to the Alpine mountains in the north – targeting goals for a specific region allows the goals to account for things like climate, elevation, growing season and specific needs,” said Millis. “It’s a more local and customized approach.”
“The regional goals replace the ‘25% by 2025’ goal. They also build on the previous statewide goal and will require everyone to do their part to conserve this precious resource,” said River Basin Planning Manager Rachel Shilton. “Every step counts and water conservation needs to become a way of life for all Utahns.”
Utah’s previous statewide conservation goal of reducing per-capita use 25% by 2025 was introduced by Gov. Gary Herbert during his 2013 State of the State address. (Gov. Mike Leavitt first set a target to use 25% less water by the year 2050 back in 2000.) Utahns were making great progress on the water conservation front, so Herbert challenged Utahns to cut the time in half. The regional goals are designed to continue to improve the state’s conservation efforts.
To formulate the regional water conservation goals, the Division of Water Resources first gathered public input. During fall 2018, over 1,650 people participated in a water conservation survey, and eight open houses across the state were held. After public input was tallied, a team consisting of water providers, members from the Governor’s Office of Management and Budget, and Water Resources staff worked with a third-party consultant to provide input on the region-specific goals. Public input was gathered during a 30-day comment period, reviewed and incorporated.
“These goals will help guide the state’s water managers in planning future infrastructure, policies and programs consistent with Utah’s semiarid climate and growing demand for water,” said Millis. “They will also be used to plan conservation programs.”
From the White River and Douglas Creek Conservation Districts (Callie Hendrickson) via The Rio Blanco Herald-Times:
To date, there has not been a call on the White River. Therefore, the community has enjoyed the benefits of a “free river,” meaning it has not been under administration by the state. However, we are seeing more and more demand for Colorado’s precious water resource. Agriculture and other consumptive uses that rely on the Colorado River and its tributaries feel a target on their back as the thirsty cities continue to grow in Colorado and other states. Unfortunately, irrigated agriculture is the easiest and cheapest source of additional water for those that don’t understand the multiple benefits agriculture water provides. All Coloradans and visitors benefit from agriculture providing food, fiber, wildlife habitat, environmental benefits and open spaces.
Therefore, the White River and Douglas Creek Conservation Districts have been looking for opportunities to help Rio Blanco County ag producers protect their water rights. We have held multiple water seminars in the county and will continue to do so to ensure producers can learn, ask questions, and provide input to attorneys and others involved in water policies.
District 43 (Rio Blanco County) Lead Water Commissioner Shanna Lewis met with the Douglas Creek Conservation District Board to answer questions regarding how producers can ensure their water usage is being recorded at the state. If the state does not have record of your water usage, your water right could be in jeopardy. Currently, Lewis is the only water commissioner working in White River Basin and she is working diligently to record water use.
As the irrigation season comes to a close, Lewis will begin entering water use data into the state’s data system in November and December. She will enter the information she has collected and the information that is submitted by the water user. Therefore, it is imperative for all water users to submit their water usage to Lewis by November 15 each year. If you do not have a measuring device, report the dates you turn your water on and off. If you do have a measuring device, report the amount you are diverting throughout the year. Indicate if you are using the water for irrigation and/or for livestock watering and when there are changes in the amount diverted. The more accurate your records and reporting to the state, the more protection for your water right.
How do you report your data to the water commissioner? Lewis will accept your data via email, mail and/or text. Visit the White River and Douglas Creek Conservation Districts’ website at http://www.WhiteRiverCD.com and click on the “Water tab” for a form provided by the State Division of Water Resources that can be filled out and submitted via email to firstname.lastname@example.org or mail to P.O. Box 1388, Meeker, Colorado, 81641, attention Shanna Lewis. Or, send text messages as you turn water on and off and she will record your information. Her cell phone number is 970-439-8008. Please call Lewis with any questions and/or if you would like her to verify your measuring device, diversion structure or recorded usage. She is eager to help you.
Also note that taking a picture showing the water level on your measuring device is a great way to provide proof of the amount of water you are diverting. Most cell phones will document the date the picture was taken. Lewis welcomes you to either send her the pictures at the time you take them or send them all at the end of the irrigation season. This is a great way to assist the water commissioner in her documenting of your water use. Be sure to keep copies of all your records and pictures.
Additionally, the Conservation Districts encourage you to also review the state’s website to see what is recorded for your diversion structure. You can access that site through the Districts’ website noted above.
Remember, the best way you can protect your water right is to submit your water usage to the commissioner by Nov. 15.
Sounds of the Poudre River rolling over rocks, children and adults laughing and screaming and live music could be heard just north of Old Town at the Poudre River Whitewater Park Saturday.
An ongoing project since 2014, the Poudre River Whitewater Park was finally opened to the public [October 23, 2019].
A number of people spoke at the ribbon-cutting event, including Fort Collins Mayor Wade Troxell, Councilmember Susan Gutowsky, local business owner and project donor Jack Graham and City Manager Darin Atteberry.
“This is really a gem now in Fort Collins, and I’m really excited to be here today and to appreciate all the things this great City can do for the people of Fort Collins,” Troxell said. “The Poudre River is indeed a treasure, and we must guard it, and we must protect it and we must also enjoy it.”
Alex Mcintosh, a Fort Collins resident and kayaker, said the construction of the Whitewater Park in Fort Collins means a lot to him as a kayaker.
“I think it will bring a bunch of different subcultures and communities together: fishermen, rafters and people during the summer for tubing,” Mcintosh said. “It’s nice to see they’ve taken the initiative to create something in town for everyone to enjoy and learn and educate themselves about the river.”
Troxell said the Poudre River has been a working river for a long time, so a lot of diversions, irrigation ditches and canals have already been built into the river. He said this particular part of the river already had a lot of man-made additions to it, which makes the river uninhabitable and inaccessible.
The goal of the Poudre River master plan is to reclaim the river for natural habitat and create accessibility for the people of Fort Collins, and the completion of the Whitewater Park marks the beginning of that process.
“When I was growing up here, the river was the back door,” Troxell said. “It had the riff-raff, it had the old cars and now, today, it’s our front door.”
Gutowsky said the Heritage Trail Program plans to add signs throughout the river corridors, along with viewing areas that will allow visitors to understand the messages of history and the environment of the Poudre River.
“Here we are today celebrating the Poudre River, and it is the jewel of our City,” Gutowsky said. “Over the decades, our river has seen great drama and interesting characters. It has many interesting stories to share. Not only will our Whitewater Park be a recreational phenomenon, but it will also serve as a heritage gateway: a physical and informational gateway created through a funding partnership.”
Graham said there was a massive amount of people who contributed to the project, and nothing could have been accomplished without the support of Fort Collins citizens who voted for and donated to the park.
“We should point to the success of this park as a great example of how investing in our community works, and we should continue to invest wisely,” Graham said. “People will be attracted to come to Fort Collins to see the Whitewater Park and the River District. New businesses will be formed, and the help of our community to even higher levels of economic strength are going to occur. The park is going to be a great asset to our City.”
Atteberry said the park is only the beginning, and new ideas and projects are already in motion for the Poudre River. He also said the main goals of the Whitewater Park were recreation for citizens of Fort Collins, river safety and the juxtaposition between the man-made and the natural environment.
“Recreation matters to this town, not only because it’s fun, but because we want to be a healthy community, and this is forwarding that strategic objective,” Atteberry said. “Safety matters. There are going to be fewer properties that are flooding because of this project. It’s not just a pretty face. It has a deep function to it, and that is it helps take properties out of the floodplain.”
Kurt Friesen, director of the Park Planning and Development department for the City of Fort Collins, said the construction of the park wasn’t easy, and seeing it open was so rewarding because he knew the process it went through.
Friesen said the project underwent a number of obstacles, including the limited timeframe given to get the work done in the river. He said a series of very old manholes were found in the river that were used to direct flows into the old power plant.
Friesen said that, normally, this wouldn’t be a big deal, but since the team was racing against the clock to get the work done before the snowmelt in April, it was a problem.
However, the contractors and their team were able to get the manholes removed quickly, and the project was able to continue.
“I just want to say thank you to those that committed themselves,” Friesen said. “I believe this will be Fort Collins’ next great place largely because of that commitment.”
Erin Light is the division engineer for the Yampa, White and North Platte River basins for the Colorado Division of Water Resources, the state agency that manages water rights. Light said she’s sent orders requiring 575 water users to install headgates and measuring devices as required by Colorado law. Most of these orders went to users in the Yampa River basin, though Light estimated about 100 of them went to users in the North Platte River basin in North Park.
In March, water rights holders received notice that they would be required to install headgates and measuring devices. Light estimated fewer than 25% of the users who received notices actually installed the required infrastructure.
Now, those water rights owners have been sent an order to install these devices by Nov. 30. After that date, they’ll be required to either have devices in place or stop using their water.
“If you choose to not divert water and say ‘Fine, I only have a headgate, I’m shutting it. Again, I’m shutting it. I’m not going to put a measuring device in.’ That’s fine, as long as you don’t divert water,” Light said. “But if you have a headgate, no measuring device and choose to divert water contrary to that order after Nov. 30, next spring, May or whenever you turn on (your water), and we see that, we’re going to shut the headgate, and if necessary, we’ll lock the headgate.”
If users break the lock or open the gate, the division could pursue enforcement actions with the Colorado Attorney General’s Office, Light said.
Without a headgate, users and engineers can’t shut off water. For users who divert water without a headgate, Light said the fine for diverting water contrary to the order is $500 each day water is flowing.
Colorado water rights are a “use-it or lose-it” commodity. If a person is not using all of their water right, they can lose part or all of their water right through the abandonment process. Every 10 years, division engineers are required to provide the water court with a list of water rights they believe are abandoned partially or entirely. Light’s office is working through this process now. A preliminary list will be published on July 1, 2020.
“We’re talking to people about the fact that their water right is being considered for abandonment, because we do have an initial list that we’ve developed,” Light said. “Our water commissioners are inspecting structures with water rights on the list and talking to water users, and there’s a lot of frustration (from users) about ‘How could my water right be on the abandonment list?’”
Light said some users don’t realize they can lose part of their water right, but statute says water rights can be abandoned “in whole or in part.”
Keeping accurate records can help. Light encourages water rights owners to track the water they’re using as her office works through the abandonment process. Light said water users should keep note when and at what flow they turn their diversions on or off, any time they adjust flows or anytime water levels in streams and ditches significantly fluctuate.
“Maybe they did divert their water right, but we never got a record of it,” she said. “We observe something less because we weren’t out there at peak flow, and if water users would provide us accurate records of their water use, it’s possible that some of these water rights wouldn’t be included on the list. … It’s really critical that people start taking on that responsibility to protect their water right and keep records. It’s critical in many instances, but one of them is abandonment.”
From Great Outdoors Colorado via The Rio Blanco Herald-Times:
Anyone who has talked to Lex Collins knows how much the E Lazy S Ranch means to him. For years Collins stewarded its landscape with former landowners, Tom and Ruth Pearce, and their daughter Denise. The ranch’s productive hayfields combined with spectacular scenery and a mile of White River frontage make it easy to see why Collins cares so deeply about this landscape. As of July 25, 2019, with leadership from Collins and in partnership with Hal and Christine Pearce and multiple conservation organizations, the E Lazy S Ranch was permanently conserved, ensuring that it will remain undeveloped forever.
Sandwiched among three existing conserved ranches, the E Lazy S Ranch was one of the largest remaining unprotected properties along the White River in an area known as Agency Park. Conservation of the ranch conserved 562 additional acres and tied together a 4,492-acre block of conserved land in the heart of the valley. The landscape is highly visible from County Road 8, also known as the Flat Tops Trail Scenic Byway, and makes up a portion of the view shed for travelers on State Highway 13.
The ranch’s meadows and forests provide crucial habitat for local elk and mule deer herds for which northwest Colorado is renowned, as well as coyote, bald eagle, greater sandhill crane and numerous small mammals. The riparian areas along the property contain a box elder-narrowleaf cottonwood/red osier dogwood forest—a forest type unique to the Yampa and White River basins of northwest Colorado.
While the E Lazy S boasts spectacular conservation values, its story of ownership and generational transfer make it unique. Formerly known as the Pearce Ranch, the E Lazy S Ranch was owned by Tom and Ruth Pearce who purchased the ranch in 1961. Tom and Ruth ran a successful agricultural operation and were honored as the commercial breeders of the year by the Colorado Hereford Association in 1987. For many years, Lex Collins managed the ranch with Tom, Ruth and their daughter Denise. In 2014, after both Tom and Ruth had passed, the ranch was left to their three children: Denise, Hal, and Christine. Tragically, Denise passed away in 2015, but not before leaving her share of the ranch to Collins. It was the goal of Hal and Christine to honor the legacy of their family by keeping the ranch intact as an agricultural entity, and they were able to work together with Collins to develop a plan to allow him to become the sole owner of the ranch, using a conservation easement as the primary mechanism to generate revenue.
“I’m trying to carry on what Denise Pearce invested her life in: the Pearce Ranch. The conservation easement is the only way that is possible. I thank everyone involved for enabling this ranch to continue forward with its true heritage,” Collins said when asked about the conservation project. Now that the E Lazy S ranch is conserved, he plans to continue to raise cattle and hay on the property, and eventually his daughter, Macy, plans to take over the agricultural operation.
“GOCO is proud to partner in this project, helping to conserve forever a ranch that contributes to a large block of conserved ranchland in the area, which is important wildlife habitat, and which also protects amazing, wide open views for those traveling along the Flat Tops Trail Scenic Byway, and State Highway 13,” said GOCO Executive Director Chris Castilian. “Our sincere thanks to all who made it possible, especially Lex Collins and the Pearce family.”
Conservation of the ranch was also supported by the Natural Resource Conservation Service (NRCS). “Conserving working agricultural lands is one of the NRCS’s highest priorities,” said Clint Evans, NRCS Colorado State Conservationist. “The Agency’s Agricultural Conservation Easement Program provides the much needed opportunities to forge and maintain valuable partnerships between organizations and landowners that make it easier for NRCS to help people help the land.” The Nature Conservancy and Trout Unlimited were also important partners for the project, providing funding to help offset the transaction costs.
“Few people have the opportunity to leave a perpetual legacy,” said CCALT’s Molly Fales, “but that is what Mr. Collins has done here. By conserving the E Lazy S Ranch, he has ensured that the Pearce family’s ranching legacy will remain, and he has cemented his own conservation legacy in the valley.”
Hal Pearce echoed these sentiments saying: “It may no longer have the Pearce name attached to it, but it’s still home. In the end it’s about the land and is really bigger than any of us.”
Pearce Ranch Conservation Legacy, $420,000 grant to Colorado Cattlemen’s Agricultural Land Trust
GOCO will help CCALT acquire a conservation easement on the two parcels making up the Pearce Ranch, totaling 620 acres. Proceeds from the easement will enable the ranch’s long-time manager to purchase the property. Conserving the property will continue its ranching legacy, in addition to protecting wildlife habitat and water rights benefiting all of the properties in the Highland Ditch system.
Picture taken 6/25/18 from the Miller Creek bridge. Algae bloom. Photo credit: White River AlgaeTechnical Advisory Group
A view of the White River foreground, and the Wolf Creek gulch, across the river. The Rio Blanco Water Conservancy District and the State of Colorado have reached a settlement for a reservoir and dam project at this site. Photo credit: Aspen Journalism/Brent Gardner-Smith
RBC | BLM White River Field Office Manager Kent Walter hosted a work session with the Rio Blanco County Board of County Commissioners, et al. on May 30 to discuss the Coal Ridge boundary map of the proposed Wolf Creek Reservoir project. Rio Blanco County Commissioners Gary Moyer and Si Woodruff were present along with the county’s water conservancy district and natural resource specialist Lanny Massey. Assisting with the BLM’s presentation of the updated boundary map and associated data was Heather Sauls, BLM planning and environmental coordinator. Representatives from the engineering firm EIS Solutions were also present.
The discussion was primarily focused on an attempt to find an agreeable solution to designate a portion of the Coal Ridge area as off limits to motorized vehicles. As presented previously, this restricted area would include a large portion of the shoreline of the proposed Wolf Creek Reservoir.
“This lake is going to be a really big deal economically for Rio Blanco County. We’re looking for a guaranteed buffer area along the shore for recreational purposes. This would include motorized vehicle access,” Commissioner Moyer said.
After extensive discussion, an agreement was reached on a proposed border of the restricted area, guaranteeing a minimum of a quarter mile buffer around the proposed reservoir shoreline. It was agreed that a new plan will not preclude or restrict any Rio Blanco County projects around the reservoir perimeter and would grant engineers and construction equipment full access to the dam sites.
Ed Quillen used to say that oil shale had been the, “Next big thing for 100 years.”
Here’s the release from the Southern Utah Wilderness Alliance (Ray Bloxham) via Earth Justice:
Conservation groups today sued the Trump administration to challenge what would be the nation’s first commercial-scale oil shale mine and processing facility. The lawsuit says officials failed to protect several endangered species when they approved rights-of-way across public lands to provide utilities to the proposed oil shale development.
The massive Enefit project in northeast Utah’s Uintah Basin would also drain billions of gallons of water from the Green River, generate enormous amounts of greenhouse gas pollution and exacerbate the Uintah Basin’s often-dismal air quality.
Today’s lawsuit, filed in U.S. District Court in Utah, argues that the U.S. Fish and Wildlife Service violated the law by ignoring the potential harm to endangered fish. In its biological opinion, the agency considered only the harm from water depletions necessary to build the pipeline, not the billions of gallons of Green River water that will be sent through the pipeline to Enefit’s oil shale development.
“The responsible federal agencies have worn blinders in approving this project, leaving themselves and the public in the dark about the immense ecological harm it would cause,” said Alex Hardee, attorney at Earthjustice. “We’re going to court to uphold the nation’s environmental laws and save the Upper Colorado River Basin from the devastating effects of oil shale.”
The Bureau of Land Management also violated the law by failing to adequately analyze the significant environmental impacts of the proposed oil shale development, which likely would not occur but for the agency’s approval of the rights-of-way.
“This is a prescription for disaster for our climate, wildlife, and the Colorado River Basin,” said Ted Zukoski, a senior attorney at the Center for Biological Diversity. “Draining the Green River to mine one of the most carbon-intensive fuels on the planet sends us in exactly the wrong direction. It’s putting us on a collision course with climate catastrophe so a foreign fossil-fuel company can make big bucks.”
The Trump administration paved the way for the project last year by approving rights-of-way for electricity, oil, gas, and water lines across public lands. At full buildout, the Estonian-owned Enefit American Oil facility would produce 50,000 barrels of oil every day for the next 30 years or more from the Green River Formation.
“The environmental destruction, air pollution and water pollution inherent in this proposed oil shale mining project is something that every citizen of Utah should be alarmed about,” said Dr. Brian Moench, president and founder of Utah Physicians for a Healthy Environment. “That it would become a long-term public health disaster is being callously dismissed by a BLM that is being run as a subsidiary of the dirty energy industry.”
Huge amounts of water are required in the oil shale production process. The water pipeline will allow Enefit to drain more than 10,000 acre feet annually from the Green River, harming critical habitat for endangered fish, including the Colorado pikeminnow and the razorback sucker. The project comes as Western states struggle with record droughts and climate-driven declines in river flows in the Colorado River Basin.
“Our region is already feeling the effects of pollution and climate change. To destroy our public lands in order to drill for more polluting fossil fuels would be a disaster for our communities and our planet,” said Dan Mayhew, conservation chair of the Utah Chapter of the Sierra Club. “We should be accelerating the transition to clean energy, not sacrificing our water, air quality, and climate for an investment in one of the dirtiest fossil fuels in the world. Today we continue the fight to ensure that federal agencies can’t continue to approve dangerous, dirty energy projects without fully considering the totality of environmental damage that would result.”
Enefit intends to strip-mine about 28 million tons of rock a year over thousands of acres of high-desert habitat, generating hundreds of millions of tons of waste rock. It will also construct a half-square-mile processing plant, about 45 miles south of Dinosaur National Monument, to bake the rock at extremely high temperatures to turn pre-petroleum oil shale rock into refinery-ready synthetic crude oil. That will require vast amounts of energy and emit huge amounts of ozone precursors in an area recently listed by the U.S. Environmental Protection Agency as not in attainment with healthy ozone standards.
Oil shale is one of world’s most carbon-polluting fuels, with lifecycle carbon emissions up to 75 percent higher than those of conventional fuels.
“BLM’s approach here is to ignore the elephant in the room, which never ends well,” said Ann Alexander, senior attorney with Natural Resources Defense Council. “They’ve focused exclusively on the relatively small impact of building some power lines and pipes, hoping no one will notice that this infrastructure will facilitate large-scale environmental destruction. Well, we noticed.”
The project would produce 547 million barrels of oil over three decades, spewing more than 200 million tons of greenhouse gas — as much as 50 coal-fired power plants produce in a year. Those emissions would contribute to global warming and regional drought already afflicting the rivers and their endangered fish.
“Enefit’s proposed oil shale operation could deplete more than 100 billion gallons over three decades,” said Sarah Stock, program director at Living Rivers. “That’s water taken away from other current water users and the downstream river ecosystem. The BLM needs to stop side-stepping their responsibilities by ignoring the devastating impacts that oil shale development will have on the climate and downstream water availability in the Colorado River Basin.”
“As a result of mismanagement, drought, and accelerating climate change, the Colorado River system is on the verge of collapse,” said Daniel E. Estrin, advocacy director at Waterkeeper Alliance. “Yet despite this crisis, BLM and FWS have approved rights-of-way across public lands for a project that could remove 100 billion gallons of water from the basin, push several endangered species closer to extinction, and rapidly degrade the water supply of almost 40 million people. These approvals, that will allow an Estonian hard rock oil shale company to exploit US public lands and resources, must be reversed.”
“The BLM approved the rights-of-way to service Enefit’s proposed oil shale mine and processing facility based on an utterly inadequate analysis of potentially devastating air, water, climate and species impacts,” said Michael Toll, a staff attorney at Grand Canyon Trust. “Considering the rights-of-way are a public subsidy of an otherwise economically unfeasible oil shale development, the public has a right to know exactly how Enefit’s project will impact their health and environment.”
The groups filing today’s lawsuit are Living Rivers/Colorado RiverKeeper, Center for Biological Diversity, Grand Canyon Trust, Natural Resources Defense Council, Sierra Club, Utah Physicians for a Healthy Environment and Waterkeeper. The groups are represented by attorneys from Earthjustice, Grand Canyon Trust and the Center for Biological Diversity.
From the Rio Blanco Water Conservancy District via The Rio Blanco Herald-Times:
The Rio Blanco Water Conservancy District (RBWCD) is as busy as ever with many projects in the works that affect residents on both ends of Rio Blanco County. District Manager Alden Vanden Brink explained that the board is in the pre-permitting process for the White River Storage Project.
“They are getting organized enough so that they can go into permitting. Their goal is to be in the permitting process at this time next year in 2020,” Vanden Brink said.
According to the Rio Blanco Water Conservancy’s website, the Northwest Colorado Water and Storage Project, also known as “Wolf Creek” has been in water resource planners’ sights since the 1940s when it was first proposed. Since then it seems every 10 years or so interest in the project is renewed and a feasibility study is completed. After reviewing all the pieces involved in reservoir construction the Wolf Creek project appears to make perfect sense for a White River reservoir. This is due, in part, to the potential for a significant portion of water to be stored off of the main channel, even with the main-stem White River dam. The geology of Wolf Creek and the surrounding area allows the inundation areas for the main-stem versus off-channel dam to be very similar. The Wolf Creek area also has the advantage of having all necessary raw materials available on site for the construction of the dam.
Estimates of the reservoir’s potential capacity are still in the development stages, but all indications point to a minimum reservoir capacity of 20,000–30,0000 acre-feet (AF) to 90,000 AF of storage with a maximum build capacity of stored water up to 1.2 million AF.
This is the only basin or main tributary to the Colorado River in the state that does not currently have drought resiliency. This project is a response to a developing water crisis for the lower White River including the Town of Rangely. No private lands will be inundated by this project as the location sits on federal, state and private land. That private land belongs to the Rio Blanco Water Conservancy District.
Not only will this project help the water storage crisis on the White River, Vanden Brink asserts “the local and regional economy will be enormously impacted and stimulated by the construction of this project.” The public can look forward to updates on the project as they develop.
The popular annual Rio Blanco Water Conservancy District Fishing Derby is set for June 1-2 this year. This event coincides with Colorado Parks and Wildlife’s free fishing weekend. The conservancy district offers free camping at Kenney Reservoir that begins Friday, May 31 and is honored on a first-come, first-serve basis. The weekend is also a free boating weekend a the reservoir.
“The Rangely Area Chamber of Commerce will be executing a Visit Rangely promotion during this time as well,” Vanden Brink said.
The White River Management Plan is a plan being developed for the endangered species within the White River. The lower White River system, which includes Kenney Reservoir, is a unique Colorado fishery. The Colorado Pike Minnow and the Razorback Sucker are the two endangered species that this plan is targeting for aid. The White River Management Plan puts the state in compliance with the Endangered Species Act of 1973. The RBWCD is a cooperating agency along with U.S. Fish and Wildlife Service, the State of Colorado, the Colorado Water Users Association, The Upper Colorado River Endangered Fish Recovery Program, and the Nature Conservancy. Vanden Brink said “his board has been very active with this plan” to ensure that it gets completed.”
The investigation into the problematic algae bloom in the White River is ongoing. A group of concerned citizens and agencies have convened to address the excessive amount of algae in the White River from the headwaters to the Utah state line. The Technical Advisory Group includes the Rio Blanco Water Conservancy District, Colorado Parks and Wildlife, Colorado River Water Conservation District, Rio Blanco County, Town of Meeker, Town of Rangely, Meeker Sanitation District, White River Conservation District, Douglas Creek Conservation District, Natural Resource Conservation Service, US Forest Service, Bureau of Land Management, U.S. Geological Survey, and Trout Unlimited.
According to Colorado Parks and Wildlife, in 2016 the visible filamentous alga was identified as Cladophora glomerata. All water users on the White River are impacted by this algae growth. It has especially caused intake problems for water users such as The Town of Rangely as well as private land owners. The RBWCD financially contributes to this investigation which hired the U.S. Geological Survey last year to conduct the water quality and stream morphology investigation. Vanden Brink reports that the RBWCD had success in 2018 flushing water out of the dam into the lower White River which helped to alleviate some of the algae problems in that area. They intend to use that method again in 2019 but likely earlier in the year.
Taylor Draw Dam was constructed in 1983 to create Kenney Reservoir. One hundred percent of the dam was funded by the taxpayers of western Rio Blanco County, including the Town of Rangely. In 1993 a 2-megawatt hydroelectric generator was added. The generator is capable of variable power output matching the flows of the White River. At full power production capacity, the hydroelectric facility provides up to 30 percent of renewable energy for Rangely. The energy created goes immediately onto the energy grid.
The Rio Blanco Water Conservancy District will meet again on Wednesday, March 27 at 6 p.m.
A view looking downstream of the White River in the approximate location of the potential White River dam and reservoir. The right edge of the dam, looking downstream, would be against the brown hillside to the right of the photo. Photo credit: Aspen Journalism/Brent Gardner-Smith
A view of the White River foreground, and the Wolf Creek gulch, across the river. The Rio Blanco Water Conservancy District and the State of Colorado have reached a settlement for a reservoir and dam project at this site. Photo credit: Aspen Journalism/Brent Gardner-Smith
The White River, in the vicinity of the proposed Wolf Creek Reservoir. Photo by Brent Gardner-Smith/Aspen Journalism.
From the White River Algae Technical Advisory Group via The Rio Blanco Herald Times:
Members of the White River Algae Technical Advisory Group (TAG), met Feb. 13 to discuss the 2019 plans to ascertain what is driving the algae growth in the White River to improve the overall health of the watershed. Callie Hendrickson, executive director of the White River and Douglas Creek Conservation Districts facilitated the meeting.
USGS provided a review of 2018 studies and planned 2019 activities. Ken Leib, Western Colorado Office Chief, stated their goal is to document and understand benthic algal occurrence, characteristics and controls at multiple locations within the White River (WR) study area and described the study design and approach. Cory Williams, Western Colorado Studies Chief, reviewed the historical analysis, water quality trends, algae sampling and isotope sampling. Key takeaways are as follows. Historical streamflow analysis showed a decreasing trend in flow patterns since 1900 while available high-resolution water temperature data indicates increasing daily mean temperatures during May-September between two more recent time periods (1979-84 and 2007-17). Little to no change has been shown in the mean, annual concentration of kjeldahl nitrogen while total phosphorous showed a substantial increase in concentration and flux between 1999 and 2017. Concentrations in phosphorous increased during snowmelt-runoff (high flow) and decrease during fall and winter months. Several types of algae were present at each study site and Cladophora was found at all 19 USGS study sites. Water samples were collected and analyzed for nitrate concentrations at six locations but, concentrations were too low for isotope analysis. Isotopic analysis is an aspect of the study intended to aid in identification of sources of nitrate in the watershed. Sampling and nitrate analysis are ongoing and USGS is exploring alternative sampling approaches to meet target concentration ranges. Historical analysis and literature review, physical and chemical characterization/data collection, algae sampling and isotope sampling will all be continued in 2019.
Tyler Adams, project manager, and Susan Nall, section supervisor, with the Army Corps of Engineers (ACE) reviewed permitted activity in the recent past. They described their regulatory authorities and explained how to know when a project is regulated and when it may qualify for exemptions. Available permits vary from Nation Wide Permits (NWP) to Regional General Permits (RGP) to Individual Permits (IP). Permitting history in the Upper White River total 53 permits (NWPs=38, RGPs=14, IP=1), about 866,939 acres, from 2008-2018.
Matt Weaver, 5 Rivers Inc. gave a presentation on a local project proposal that is currently in the application process with the ACE. The proposal is to enhance fish habitat in the White River. The plan is to create 18 pools in which Weaver will remove material from the pool area and add it to the bank to leave everything functioning as a pool-bar sequence. Weaver and the landowners are communicating with the Colorado Parks and Wildlife to avoid disrupting crucial times such as spawning season, etc. One USGS study site is encompassed in the project area. The landowners/managers are willing to work with the TAG and USGS to do their best not to affect the ongoing study.
Several discussion items were identified at the last TAG meeting as potential changes to the USGS 2019 Scope of Work (SOW). Items such as monitoring growth of the algae using pictures, isotopic analysis, water temperature monitoring, taxonomy, capturing the impacts of stream structure changes, water clarity (turbidity) and quantitative mapping were reviewed to make decisions on how the TAG would like to move forward.
After this discussion, the TAG reached a consensus that the White River Conservation District should move forward with the original agreement with USGS to continue the 2019 SOW for the White River Algae project. That SOW includes the workplan elements: Scouring flows and analysis and Pre, peak-, post-algae and water quality sampling events.
FromThe Steamboat Pilot & Today (Eleanor C. Hasenbeck):
Snowpack in the Yampa and White river basins is at 110 percent of its long-term median snow water equivalency, which is a measure of how much water is contained within the snowpack. Snowpack typically peaks in April, so snowfall — or lack of it — could still force that number away from the median.
… the city of Steamboat Springs has enough water to provide for current demands for a decade under 2012 conditions — the third worst drought episode in Colorado’s history — according to city water resources manager Kelly Romero-Heaney. Romero-Heaney said this would be a “doomsday scenario.”
“I don’t know if there are many communities in Colorado that can say that,” she said in an update to the Steamboat Springs City Council on Jan. 15.
One of the ways managers seek to minimize the risk of a compact call is demand management, she said. This is a spot where Steamboat has hit beyond the mark. In 2011, the city’s water conservation plan sought to reduce water consumption by 5 percent, said Michelle Carr, city water and sewer distribution and collection manager. The city exceeded this goal, and as Steamboat’s population has grown, it’s demand for water has fallen, she explained.
Click here to go to the website to RSVP and read the agenda.
From the White River Water Conservation District via The Craig Daily Press:
The public is invited to attend the Water Expo and White River Conservation District Annual Meeting to hear and engage in discussions with speakers about the Colorado River Water Compact, Prior Appropriations Doctrine, Demand Management, Protecting your Water Rights, and Integrated Water Management Plans.
The Expo is set for Thursday, Jan. 17, in Meeker and is hosted by the White River Conservation District, Colorado Ag Water Alliance, and Rio Blanco Water Conservancy District
Speakers include Colorado River District General Manager Andy Mueller, Colorado Water Conservation Board’s Interstate, Federal, and Water Information Section Chief Brent Newman, Division 5 Water Referee Susan Ryan, and several water rights attorneys, who will discuss these topics with Rio Blanco citizens.
See the full agenda at the White River and Douglas Creek Conservation Districts’ website, http://whiterivercd.com. Registration is at 9:30 a.m., and the expo is expected to wrap up by 4 p.m. Lunch will be provided by the Colorado Ag Water Alliance with an RSVP.
To RSVP or for more information, contact the Conservation District Office at 970-878-9838 or email@example.com.
The Colorado Water Conservation Board has given $843,338 to the Rio Blanco Water Conservancy District since 2013 to study a potential dam on the White River, yet officials at the Colorado Division of Water Resources say the project appears “speculative” and Rio Blanco lacks evidence for its claims for municipal, irrigation, energy and environmental uses.
On Nov. 14, the CWCB directors approved the most recent grant application from Rio Blanco for $350,000 to keep studying the proposed White River dam and reservoir project near Rangely.
But while the CWCB is spending more state money to help prepare the White River project for federal approval, another state agency, the Division of Water Resources, is asking hard questions about the project in water court.
“There are concerns whether the district can show that it can and will put the requested water rights to beneficial use within a reasonable period of time and that the requested water rights are not speculative,” wrote Erin Light, the division engineer in Division 6, who oversees the White and Yampa river basins, and Tracy Kosloff, the assistant state engineer in Denver, in a report filed in water court Oct. 4.
In addition to pursuing a series of grants from CWCB, Rio Blanco applied in water court in 2014 for a new water right to store 90,000 acre-feet of water from the White River.
The two engineers in the Division of Water Resources filed their report after consulting with the state attorney general’s office. Review of water rights applications by division engineers is routine, but the report filed by the division engineer and assistant state engineer raised a higher level of concerns than normal.
Also known as the Wolf Creek project, it could store anywhere from 44,000 to 2.92 million acre-feet of water, according to the array of proposals, presentations and applications that have been made public over the project’s ongoing evolution. (Please see: Timeline: tracking the proposed White River dam and reservoir).
The water would be stored either in a reservoir formed by a dam across the main stem of the White River, or in an off-channel reservoir at the bottom of the Wolf Creek gulch.
The latest grant from the CWCB to Rio Blanco was to “finalize the preferred reservoir size and firm-up financial commitments of key project partners so that applications for federal permits can be filed,” according to a CWCB staff memo on the grant.
Asked about the apparent conflict between CWCB and DWR on the White River project, CWCB Director Becky Mitchell said she was aware of the concerns voiced by the division and state engineers and was confident that the next phase of study supported by CWCB would help answer some of the questions raised.
“All of the grants given to Rio Blanco thus far have been all about feasibility, so we are not necessarily in disagreement with DWR, but it needs to trued up,” Mitchell said Tuesday. “There may be concerns with what DWR is stating and the grant will help us evaluate those concerns.”
In another sign of CWCB’s support for the potential project, the agency’s finance section has added a potential $100 million loan to Rio Blanco on a list of potential loans it compiles and publishes as part of the CWCB director’s reports to the agency’s directors.
Brad McCloud of EIS Solutions in Grand Junction is serving as Rio Blanco’s project manager for the White River project.
When asked Tuesday about the contradictory messages sent by the two state agencies, McCloud said, “I think one side is working on one end and the other is doing the other and it’s a good check and balance and the way the system is supposed to work. And there are probably things that will get worked out along the way.”
In their report filed in water court, the state’s water engineers challenge Rio Blanco oft-stated claim it is seeking the new storage facility at Wolf Creek in order to meet the future water needs of the Town of Rangely, which today takes its water directly from the White River.
“While every case is different and may require evidence tailored to the particular facts of the case, the engineers have not received sufficient evidence to support the district’s claimed water demands for Rangely nor evidence that Rangely intends to rely on water storage in one of the Wolf Creek Reservoirs to meet its demand,” the report from Kosloff and Light says.
The engineers’ report also questions the demand for water in the potential new reservoir from the energy sector.
They said Rio Blanco should, at a minimum, show how much of the 45,800 acre-feet of industrial demand it is claiming is located within the district’s boundaries.
They also say Rio Blanco should make public how much of the demand from the energy sector within the district’s boundaries can be satisfied by the existing water rights of the district.
In addition to challenging Rio Blanco’s claims for municipal and industrial use of water in their 2018 report, Light and Kosloff also question Rio Blanco’s claims for irrigation and environmental uses.
They said a storage report prepared for the project “notes that irrigated acreage and irrigation water demand is projected to decrease in the future” in the area downstream of the reservoir.
And the engineers said they “do not believe that a water right for irrigation use should be awarded in this case.”
And the engineers question Rio Blanco claim that it will release up to 42,000 acre-feet of water from its proposed reservoir to the benefit of endangered fish downstream on the White and Green rivers.
They say an ongoing study has yet to make clear how much water is needed for the endangered fish.
“Long story short, it is still unclear what flows should be used when determining if or how much water needs to be stored to assist with meeting the recommended flows,” the report says. “Until these numbers are known, claiming any quantity of water for these uses is speculative.”
Size in flux
The White River project has a wide range of potential uses, according to Rio Blanco, and it also has a wide range of potential sizes, as various presentations and applications have included potential sizes from 44,000 acre-feet to 90,000 acre-feet to 400,000 acre-feet to 2.92 million acre-feet.
Alden Vanden Brink, the manager of the Rio Blanco district, told the CWCB directors Nov. 14 that his district is not seeking to build a 400,000 acre-foot reservoir, despite the reference in Rio Blanco’s grant application to study a reservoir between 44,000 acre-feet and 400,000 acre-feet.
“The 400,000 is maximum size,” Vanden Brink said. “That is not what the Rio Blanco Water Conservancy District is looking to build. It’s going to take somebody from a way outside source to come to the table for that.”
Vanden Brink said the district was seeking to store “anywhere from 44,000 to about 130,000” acre-feet of water.
However, the grant application from Rio Blanco notes that a 400,000 acre-foot reservoir might have some benefit to the state.
“If the higher end of the storage is implemented, the project has tremendous potential to help the majority of the state of Colorado address Colorado River Compact administration issues,” the grant said.
An earlier study on the dam by W.W. Wheeler and Associates for the Rio Blanco district found it was possible to build a dam on the White River at Wolf Creek that would hold 2.92 million acre-feet of water.
The latest grant application to CWCB from the Rio Blanco district says “the preferred reservoir size will be developed based on the amount of water needed and committed to by key project stakeholders.”
Wade Cox, the president of the Rio Blanco Water Conservancy District, discussed the project in October with the board of the Colorado River District, and referenced the varying potential sizes of the reservoir.
“There is never going to be enough water,” Cox said. “I don’t care how big you build it. Whatever you do, it’s never going to be enough. Somebody somewhere is going to utilize it.”
FromThe Grand Junction Daily Sentinel (Dennis Webb):
Petroteq Energy, formerly MCW Energy Group, has built a facility at Asphalt Ridge outside Vernal and is using what it says are benign solvents to produce oil from oil sand deposits. The company says its approach uses no water, produces no waste or greenhouse gas and doesn’t require high temperatures.
It is working to ramp up production to the plant’s capacity of 1,000 barrels a day.
The company said this month it received a small-source exemption from the Utah Division of Air Quality for its facility, allowing it to begin sales. It said in a news release that it got the exemption because the plant’s estimated emissions are less than the level for which a permit is needed, “further confirmation that Petroteq’s process is an environmentally conscious method of oil extraction.”
Oil sands are also known as tar sands or bituminous sands, and contain a heavy oil also described as asphalt or bitumen.
Petroteq says its leases have 93 million barrels of estimated oil resource. Eastern Utah is home to the largest oil sands resources in the country, with resource estimates running as high as 32 billion barrels…
Petroteq’s project is at Asphalt Ridge, which the federal Bureau of Land Management has reported has been the target of oil/tar sand exploration and development efforts as early as the 1920s, when Vernal paved its streets from Asphalt Ridge deposits.
Work there included a plant that used hot water to extract oil in the 1930s. Hot water also is used in Canadian tar sands development that also incorporates tailing ponds. “Our ‘Asphalt Ridge’ asset has (from time to time) caught the attention of major oil companies going back 70 years. But nobody has been able to unlock its resources in a financially sound and environmentally friendly manner until the Petroteq team and its proprietary technology came along,” David Sealock, Petroteq’s chief executive officer, said in a recent news release announcing the company’s start of commercial production.
The company says its focus is on development and implementation of proprietary technologies for environmentally safe production of heavy oil from oil sands, oil shale and shallow oil deposits. Northwest Colorado and northeastern Utah are home to world-class deposits of oil shale, rock containing kerogen-like hydrocarbon deposits.
The efforts of companies like Petroteq continue to be criticized by groups including Utah Tar Sands Resistance, which says on its website, “The production of tar sands in Utah is a story of false claims and impossible promises with a long history of failed companies, bankruptcies and name changes.”
FromThe Grand Junction Daily Sentinel (Dennis Webb):
The Rio Blanco Water Conservancy District wants to build the reservoir northeast of Rangely on Wolf Creek, a tributary of the White River on the Moffat County border, and pump water from the White River to fill it.
The district is looking at two options, one with a working pool of 20,000 acre-feet, the second with a working pool of 90,000 acre-feet, at estimated costs of $119 million and $191 million respectively.
The district envisions the reservoir meeting a variety of uses, including providing water to the town of Rangely, supporting oil and gas and oil shale development, providing water for endangered fish, and serving as a recreational attraction. In terms of total size, it is considering a reservoir holding 41,000 or 130,000 acre-feet of water. That would account for an additional nonworking pool that would continue to serve recreation needs at times of low water, provide an insurance water supply in circumstances such as during work on the pumping system, and make room for accumulation of silt.
The problem of sedimentation has beset Kenney Reservoir, which sits upstream of Rangely on the White River. That is threatening its viability as a continued source of water for Rangely and as a recreational amenity.
Dredging the reservoir would cost an estimated $700 million. Siltation is expected to be less of a problem in the case of a Wolf Creek reservoir because it’s off the main White River channel and the water would be pumped into it.
Rio Blanco Water Conservancy District officials discussed their proposal in Glenwood Springs last week with the board of the Colorado River District, a taxpayer-funded entity consisting of 15 counties. The Rio Blanco district is hoping the river district will contribute $50,000 toward the cost of seeking permits for the project, which would be built largely on federal Bureau of Land Management land. It’s also seeking technical and other support from the river district.
The district board plans to consider the request and act on it at a future board meeting. But Tom Gray, the Moffat County representative on the river district board, voiced general support for the reservoir proposal…
Representatives of the Rio Blanco district pointed to dry years such as this one, and concerns about longer-term drought, in arguing on behalf of building new storage in the White River basin…
The district plans to pursue funding from potential users and other sources such as the federal and state governments to pay for the project.
According to the U.S. Drought Monitor all of Rio Blanco County is still currently classified as D3, or Extreme Drought, as precipitation around the county continues to fall well under normal rates. However, there is some hope to be found in the winter forecast.
Drought Levels in Rangely
The National Oceanic and Atmospheric Administration, or NOAA, has been tracking weather and climate related data in Rangely since 1894. The station currently sits near the Rangely Water Treatment Plant. According to NOAA data, by the end of August Rangely was 1.37 inches below normal precipitation, receiving only 6.22 inches from January through August.
In 2017 Rangely received total precipitation of 8.66 inches for the entire year while the historic average total annual precipitation sits at 10.03 inches.
NOAA predicts that the below normal precipitation will continue through the rest of September.
The fact that precipitation has been well below normal for multiple years has certainly exacerbated the drought conditions.
Dry conditions in Meeker
NOAA tracks Meeker’s climate and weather at a station located at the Bureau of Land Management Office. Meeker is currently below normal for precipitation by 0.81 of an inch, receiving 9.16 inches through the end of August.
In 2017, Meeker received a total of 15.73 inches of precipitation for the year and the historical data, which dates back to 1893 for the community, places an average annual precipitation of 16.54 inches. Jim Pringle with NOAA doesn’t anticipate much change in the standings through the month of September, saying, “Although we still have to wait just under two weeks from now to obtain the September 2018 precipitation for Meeker, it is doubtful based on the latest computer-generated atmospheric model guidance that Meeker will receive normal precipitation for September.”
The good news is that the National Weather Services’ Climate Prediction Center (CPC) is anticipating an El Niño episode for the upcoming 2018-2019 winter season, with odds favoring at least near normal precipitation in northwest Colorado during the late fall, winter and spring months.
An El Niño event is characterized as bringing unusually warm waters in the Pacific Ocean. This typically produces warmer-than-average temperatures over the western and northern United States. Wetter-than-average conditions are likely over portions of the western U.S and Gulf Coast regions, while drier-than-average conditions are usually expected in the Ohio Valley and the Pacific Northwest.
Due to the low flows, dry conditions and extreme heat, higher water temperatures in the White River are nearing danger levels for cold-water fish. CPW officials have been encouraging anglers to fish in the early morning, when water temperatures are cooler and less stressful to fish. Last Friday, CPW, out of Grand Junction, asked for voluntary fishing closures on western Colorado rivers due to the high water temperatures and low flows.
CPW Area Wildlife Manager Bill de Vergie said before the meeting, “It’s important that ranchers, landowners, ditch users, fishing guides and fishing ranch managers, anglers, and other members of the public work together to protect our fishery and our river.”
CPW and the Colorado Water Conservation Board (CWCB) entered into a water lease agreement in 2012. The agreement allows the partial release of CPW’s water stored in Lake Avery to help meet minimum instream flow needs of 200 cubic feet per second (cfs) at the County Road 4 (Wakara) bridge. Users at Lake Avery would see declining water levels in the lake whenever any releases are initiated. deVergie said CPW would give at least 48 hours notice prior to any releases.
In 2012, the lake level at Avery dropped about six feet as 1300 acre-feet out of the 7600 acre-foot storage capacity reservoir was used. Water released comes from the bottom of the reservoir, is relatively cold, and able to be quickly oxygenated. Releases this year could use twice as many acre-feet from the reservoir and drop the lake level up to 14 feet.
“If we do make releases from Avery (a.k.a. Big Beaver Reservoir), we will ask water diverters to avoid taking the additional water and instead leave it in the river to give the fish and river habitat a chance,” said de Vergie. “We all know how important this river is to our economy, and we expect that people will comply to ensure the river continues to be a destination fishery.”
The meeting was attended by local water users including ditch operators and users Don Hilkey, Tad Edwards, Wayne Johnson, Jerry Belland, Tel Gates, Joe Conrado, Chris Collins, Rob Raley, Forrest Nelson and Ben Rogers. CPW employees at the meeting included water resource specialist David Graf of Grand Junction, instream flow coordinator Jay Skinner, Katie Birch from Denver, aquatic specialist Melynda May, wildlife managers Bailey Franklin and Ross McGee, fisheries specialist Tory Eyre and Lori Martin, senior Northwest Region aquatic biologist. Erin Light, the Division 6 water engineer with the Division of Water Resources in Steamboat Springs, was also in attendance…
River advocates attending included Shawn Welder, Bob Dorsett of Colorado River Watch, Roy Wedding and Bob Regulski. Upriver fishing ranch interests were noticeably absent from the meeting. One such individual told the Herald Times after the meeting that neither he nor his manager had heard anything about the meeting beforehand.
Graf told the meeting that his agency is evaluating how their water rights statewide might be better used to improve difficult situations like the White River now faces which might differ, to varying degrees, from the related water right decrees.
Dorsett cautioned the group not to think of this as an unusual circumstance, that current data trends are for these low flows to be more the norm. This concern evoked some discussion about needing more water storage in the valley, which could possibly include enlarging Lake Avery.
Local diverters are anxious to avoid any call on the river. Light reinforced concern that any flows cannot really be legally protected unless the whole river is under a call for administration by the Division of Water Resources. Cooperation between irrigators and other users in times of low water is critical and, in the past, has prevented a call. Several irrigators indicated how well retired water commissioner Bill Dunham had facilitated cooperation between water users. Light said she was confident that the current commissioner, Shanna Lewis, would work as well with diverters and that she had her blessings to do so…
Johnson, a Miller Ditch irrigator, wondered why we were trying to save fish and habitat in the White River when there is so little public access to the river for fishing, to which de Vergie responded that the duty of CPW was to provide a viable fishery and to serve all members of the public, including those that avail themselves of fishing on the private ranches.
Lake Avery releases of 10 to 15 cfs in 2012 didn’t occur until Aug. 30 and continued until Oct. 3. That year, de Vergie said, we experienced some good rain in July that postponed the need to release Avery water until late August.
The threshold factors CPW said are critical for the fish are a flow of less than 200 cfs at the Wakara bridge, water temperatures above 70 degree Fahrenheit there, and dissolved oxygen levels of less than 5 ppm. These are the factors that will trigger releases.
From Colorado Parks and Wildlife via The Rio Blanco Herald Times:
Due to low flows, dry conditions and extreme heat, water temperatures in the White River are nearing dangerous levels for cold-water fish. Colorado Parks and Wildlife officials are encouraging anglers to fish in the early morning, when water temperatures are cooler and less stressful to fish.
To help mitigate current conditions, Colorado Parks and Wildlife is considering releasing water from Lake Avery to increase flow in the White River, and potentially lower river water temperature.
To answer questions and address concerns about the possible release, CPW invites the public to a roundtable session, 7 p.m., July 9 at Kilowatt Korner (White River Electric Association—WREA), 233 Sixth St., in Meeker, Colo.
“We’ve been here before, and we know what we need to do, “ said Bill de Vergie, Area Wildlife Manager from Meeker. “It’s important that ranchers, landowners, ditch users, fishing guides, anglers, and other members of the public attend our meeting so that we can work together to protect this important fishery.”
Colorado Parks and Wildlife officials and the Colorado Water Conservation Board entered into a water lease agreement in 2012. The agreement allows the release of CPW’s water stored in Lake Avery to help meet the minimum instream flow on the White River of 200 cubic feet per second.
Anglers at Lake Avery will see declining water levels in the lake beginning when the release is initiated.
“When the flow from Lake Avery begins, we will ask users to avoid taking the additional water and instead leave it in the river to give fish a chance of surviving,” said de Vergie. “Everyone around here knows how important this river is to our economy, and we expect that people will comply to ensure the river continues to be a destination fishery.”
CRAIG — Three variations of a potential dam that could someday sit astride the main stem of the White River between Meeker and Rangely have been examined by the Rio Blanco Water Conservancy District in Rangely.
Last week in Craig, Steve Jamieson, a principal engineer and president at W.W. Wheeler and Associates, told the members of the Yampa, Green and White river basin roundtable that an 80-foot-tall dam built across the main stem of the White River at Wolf Creek could store 68,000 acre-feet of water.
He said a 104-foot-tall dam across the river could store 138,000 acre-feet.
And a 290-foot-tall dam across the valley floor could store 2.9 million acre-feet of water.
“The maximum you can get here is 2.9 million acre-feet in this bucket,” Jamieson said. “It’s a big bucket, and you can do that with a dam that it’s about 290 feet high. It would be a very efficient dam site, but you need to have the water to fill it.”
About 500,000 acre-feet of water a year runs down the lower White River each year, flowing through Meeker and Rangely and into Utah and the Green River.
And between 1923 and 2014, the annual flow in the White River at the Utah line ranged from 200,000 to 1.2 million acre-feet, according to Wheeler and Associates.
The potential White River Dam would be located 23 miles east of Rangely, along Highway 64.
The existing Taylor Draw Dam, which forms Kenney Reservoir on the main stem of the White River, is six miles east of Rangely.
That reservoir was built in 1984 to hold 13,800 acre-feet of water, but it’s gradually silting in, as was expected in a 1982 EIS done for the project. The surface area still “available for recreation,” or boating, is now less than 335 acres, down from 650 acres when the reservoir opened.
The dam’s hydro plant, however, is still generating about $500,000 a year in electricity revenue for the Rio Blanco district in a run-of-river setup.
Jamieson also has been studying an off-channel dam in the Wolf Creek drainage, which is a broad, dry valley on the north side the river, just upstream of the proposed White River Dam site.
The Wolf Creek Dam would be located 3,000 feet back from the river and 170 feet above it.
An 80-foot-tall version of that dam could store 41,000 acre-feet of water, a 119-foot-tall dam could store 130,000 acre-feet, and a 260-foot-tall dam could store 1.6 million-acre feet, Jamieson said.
“This is really good dam site here, I like this,” Jamieson said. “It’s very flexible.”
However, the off-channel Wolf Creek Dam would require that water be pumped up from the river, at a high cost, or delivered via a 40-mile long canal or pipeline starting near Rio Blanco Lake — closer to Meeker than Rangely.
“It’s going to be a very long and expensive canal,” Jamieson said.
The pumping facility for a 90,000 acre-foot reservoir, which was studied in 2014, was estimated to cost $18.2 million build and up to $1.1 million a year to operate.
Jamieson said Highway 64 would need to be moved to accommodate the biggest White River Dam option, which requires a 500-foot-wide spillway on one side of the river valley.
The river itself would also have to be moved during construction.
“You’d be constructing two to three years at least,” Jamieson said. “So what we looked at is actually building a tunnel around into this abutment that we would divert the White River through during construction.”
Jamieson said the district started studying the maximum size of the potential reservoirs after Sen. Cory Gardner asked during a site visit, “How big can you make this reservoir?”
During his presentation Jamieson repeatedly referred to Sen. Gardner, using phrases such as “this is the maximum Cory Gardner reservoir.”
A roundtable member asked, “Did the senator promise the money for this?”
The basin roundtables operate under the auspices of the Colorado Water Conservation Board and review grants for water projects.
“No, he did not, unfortunately,” said Brad McCloud of EIS Solutions, a public affairs consulting firm retained by the district. “We asked.”
The Colorado Water Conservation Board also wants to know what the maximum reservoir size is.
“Based on recent comments from some stakeholders, it may be beneficial to build the largest possible reservoir at Wolf Creek,” the scope of work for a 2017 grant from the board to the district states.
It also says “a much larger reservoir … could have additional benefits to the state.”
One of those benefits could be helping the state avoid a compact call on the Colorado River.
“Part of the Phase 2A study is to determine if the project may have the potential to provide Colorado compact curtailment insurance during periods of drought,” the 2017 grant application from the district said.
Since 2013, the district has received three grants totaling $500,000 from the Colorado Water Conservation Board for its White River project, and the potential benefit of compact compliance has been mentioned in all three grants.
20,000 or 90,000
On Wednesday in Craig, Jamieson downplayed compact curtailment and focused on the district’s goal of creating a 20,000 or 90,000 acre-foot “working pool” of water inside larger potential reservoirs.
For example, it would require a 138,000 acre-foot on-channel reservoir to establish a 90,000 acre-foot working pool for the district, after allowances for a recreation pool and a 24,000 acre-foot sedimentation pool — which would fill in over 50 years.
To establish a need of the stored water, Jamieson cited a 2014 study showing demand in the basin at 91,000 acre-feet in 2065.
That’s on the high end, though.
The low-end need in 2065 was 16,600 acre-feet.
The district filed in water court in 2014 for a 90,000-acre-foot storage right at both the on-channel and off-channel locations.
But Erin Light, the division engineer in Div. 6, told the district in July 2017 “this application continues to contain aspects that are speculative and this is concerning to me.”
She questioned the district’s use of the highest estimates for such potential uses as oil shale production and flows for endangered fish.
The water attorney for the district, Ed Olszewski, responded to Light in August.
He said the district “disputes that any portion of the application is speculative” and the application is intended to be “as flexible as possible.”
As Jamieson wrapped up his presentation, he said the Rio Blanco district plans to “initiate project permitting” in 2019.
“I know we’re very aggressive,” Jamieson said. “We’re making progress.”
Aspen Journalism is covering water and rivers in collaboration with The Aspen Times and the Glenwood Springs Post Independent. The Times and the Post Independent published this story on Monday, May 14, 2018.
From the Rio Blanco Water Conservation District via the Rio Blanco Herald Times:
Earlier this month the Colorado River District released a statement protesting the application for water rights filed by Water Horse Resources LLC, owned by Aaron Million.
The application for Utah water rights requests 55,000 acre feet of water from the Green River with two pump stations located five miles from the Colorado state line in Dagget County, Utah, on Bureau of Land Management land. The water would then run through a hydroelectric facility before being piped nearly 500 miles northeast into Wyoming and then south down the Colorado Front Range.
The river district’s letter of opposition cites a variety of reasons why the application should be denied, including the speculative nature of the application saying, “A fundamental precept of water use in Colorado (and, we believe, in Utah as well) is a strict prohibition on speculative claims of water. No specific beneficial use or need has been identified for the project other than a general reference to future water demands in Colorado.”
The district also raises concerns about the legal and practical nature of enforcing and accounting for a water right issued by the State of Utah but with great impact on Colorado water users. The letter states, “The proposed water right would exacerbate the supply problems currently faced in the Colorado River Basin, and would increase the need and cost of any Upper Basin demand management program.”
Another concern raised by both the river district and numerous environmental groups including the Center for Biological Diversity who have spoken against the application is the lack of environmental analysis.
In years prior Million has unsuccessfully attempted to obtain water rights that would allow him to pipe water from Flaming Gorge Reservoir to the Front Range. The Colorado River District opposed that application as well.
“This new application suffers from many of the same problems as his previous proposals but presents a number of new problems and interstate legal issues as well,” said Peter Fleming, General Counsel for the Colorado River District.
In a statement released last week Colorado River District General Manager Andy Mueller said, “Development of this resource in this manner would not only harm existing Western Slope water users but would impact the ability of the River District and the State of Colorado to plan for and develop future water resources as well.”
Thirty-two letters of protest have been filed against the project including letters from the Utah Board of Water Resources and Division of Water Resources who raise similar concerns to those mentioned by the Colorado River District.
In a press release issued last week Million stated, “Utah is initiating an identical project…The Lake Powell pipeline. Point of diversion in Arizona, water and hydroelectric power into Utah. We are watching that closely as they are still sorting out federal permitting responsibilities. The Upper Colorado River Compact is clear and allows the use of water from Utah or Wyoming into Colorado. Or vice versa. For the last 96 years the Upper Basin, which includes Colorado, Utah, Wyoming and New Mexico has over-delivered its’ Compact share. The issues on the Colorado are almost strictly a Lower Basin over-use issue, which includes California, Arizona and Nevada. Had the Lower Basin not drained the Lower Colorado River and over-utilized their water allocation, Lake Powell and Mead would be full by five times plus.”
The project, nicknamed Grasshopper by Water Horse, is estimated to cost $890 million. Tom Wood, Project Management team member stated, “The Green has numerous advantages. A huge river system, excellent water quality, and Flaming Gorge Reservoir that will double the State of Colorado’s storage availability. Additionally, all the global warming models are indicating the Green River will be wetter than average in the future, coupled with a later snowmelt than the Colorado River main stem. The Green River headwaters is located several hundred miles north of the Colorado River headwaters. This year is a classic reason that two hydrologically diverse basins, meaning the Colorado River and Green River, and their respective water supplies, should be managed collectively. The Upper Green is currently running 140 percent of average snowpack, the Colorado River main-stem is half that or less, at maybe 60 to 65 percent. It diversifies water supply management risk, which ties directly to alleviating ecosystem and environmental impacts.”
Rio Blanco Water Conservation District Manager Alden Vanden Brink is concerned about the project. “Focusing on the water resource needs in Northwest Colorado I intimately understand how water projects that are speculative in nature, as Mr. Million’s project is, include, intrastate concerns and potentially put water resour ces in Western Colorado at risk to Compact curtailment are certainly something that we need to pay close attention to,” he said.
At least seven major new reservoirs and water diversion projects are being planned in Colorado, which had a population of 5.6 million in 2017. Many would continue the controversial practice of diverting water across the Rocky Mountains from the state’s Western Slope, where the majority of Colorado’s precipitation falls, to its more arid Front Range, where people are flocking to Denver, Boulder, Fort Collins, Longmont and increasingly sprawling suburbs.
The water projects have been inspired partly by the Colorado Water Plan, an effort by Governor John Hickenlooper to solve a projected water deficit of 560,000 acre-feet by 2050, or enough to serve more than 1 million households. The plan calls for 400,000 acre-feet of new water storage and an equal amount of water conservation.
The plan is only two years old. But critics say it has prioritized gray infrastructure – new dams, pipelines and pumps – over green projects like water conservation and sustainable land use…
The state water plan does not recommend any specific water development projects. But Hickenlooper has personally endorsed several of them. He also appointed all the voting members of the Colorado Water Conservation Board, the entity that oversees the Water Plan and awards grants for water projects.
Greg Johnson, chief of water supply planning at the Water Conservation Board, said the state’s plan emphasizes conservation just as much as new water supply projects. But he said the latter may be more more pressing in some cases.
“Some of the bigger projects that are in permitting right now are helping meet really critical supply needs that a lot of those faster-growing northern Front Range suburbs have, where they’ve got new developments going up all over the place,” Johnson said. “They have maybe a 10- or 15-year horizon to get some of those things done.”
One of the water developments endorsed by the governor won a $90 million loan in 2017 from the Water Conservation Board – the largest loan in the board’s history. Known as the Windy Gap Firming Project, it proposes a new reservoir called the Chimney Hollow Reservoir near Longmont to store Colorado River water diverted through an existing tunnel under the Continental Divide.
The loan covers nearly one-fourth of total costs for the project, which is proposed by the Northern Colorado Water Conservancy District.
As its name implies, the project is intended to “firm up” existing Colorado River water rights held by a dozen Front Range cities. The cities already draw on these water rights, but can’t fully tap them in some years because of storage limitations. The new 90,000 acre-foot reservoir will solve this problem and allow them to divert the river almost every year.
The project would result in diverting 30,000 acre-feet more water out of the Colorado River every year than is currently diverted…
Other major projects in the works include the Moffat Collection System, a plan by Denver Water to expand Gross Reservoir to hold 77,000 acre-feet of additional diversions from Colorado River headwaters streams; and the White River Storage Project, a proposal for a new reservoir of up to 90,000 acre-feet in the northwest corner of the state, near the town of Rangely…
Greg Silkensen, a spokesman for the Northern Colorado Water Conservancy District, said the Windy Gap project is vital to many fast-growing Front Range communities that have lower-priority water rights.
“The Colorado economy is just crazy. Everybody and their brother is moving here,” Silkensen said. “There is a great deal of environmental mitigation that will go forward if the project is built. There’s going to be a lot of benefit to the Upper Colorado River if it does go through.”
Those projects include stream habitat restoration in the Colorado River and water quality improvements in Grand Lake, part of the existing Western Slope diversion system.
From the White River Conservation District (Callie Hendrickson) via The Rio Blanco Times:
Thank you to all the interested public and stakeholders for your commitment to finding the drivers of the algae in the White River. We also want to thank you all for your patience with our Technical Committee (TC) as they have put a great amount of time, effort, and energy into identifying the most critical elements to the Scope of Work (SOW) that will help identify the causes of the algae. This is a very complex problem that has evolved over time and it will require some time to identify the cause. It is anticipated that there is no one single cause or source of this problem. There are multiple rivers across the western United States that are experiencing the excess algae issue, much like the White River.
A quick review of what the Technical Committee has done reminds us that USGS had originally recommended we do a one-year study primarily up-river from Meeker. The TC asked USGS to provide a proposal that would also include studying the river all the way down to Rangely and to make it a multi-year study over concerns that one year’s worth of data would not be statistically significant. USGS came back to the group with that proposal which gave many of the committee members “sticker shock.”
Realizing that it would be a huge challenge to get down to the detail necessary, a five-member workgroup was appointed in January to work out those details and bring a recommendation back to the TC. The final recommendation from the workgroup is the culmination of many hours (days), conversations, meetings, emails, etc. I’m confident that the workgroup has done exactly what the TC asked.
In reviewing the USGS draft SOW, the workgroup literally dissected it into a chart where they evaluated it line by line based on prioritized questions. Then they developed and analyzed a more elaborate spreadsheet for more discussion so that they could sort based on priorities and the “core” tasks required to ensure scientific analysis and credibility to the study. There were a number of tasks that each individual would like to include but the group finalized the SOW based on the highest priorities ensuring scientific integrity in determining the cause of excess algae. The workgroup’s final step in the two-month processes is to present the final SOW to the technical committee on March 21.
The workgroup recognizes that there is a sense of urgency in finding the cause of the algae and has balanced that sense of urgency with a solid scientific-based study that will give us the best of both worlds. To identify different sources of nutrients in the White River as quickly as possible, the proposed SOW will analyze isotopic-signatures of oxygen and nitrogen from nitrate in various source materials and in the river during 2018. Please remember, there is no guarantee that the “signatures” will be different enough to help determine the potential source. While analyzing samples for isotopic signatures, the proposed SOW will simultaneously include efforts to help develop a better understanding of the physical and chemical properties controlling the algal growth.
The draft proposal includes annual progress reports from USGS to evaluate the next year’s proposed work based on findings of the current year. We will be using adaptive project management based on annual findings.
While the anticipated cost is more than any of us would like to see, the workgroup has done a great deal of individual research and determined that we do need all the components of this SOW. Discussion was had about the USGS preliminary costs being a little higher than potentially other researchers. The consensus of the workgroup was that with USGS providing 35 percent of the funding and their reputation of being nonbiased, they are the best entity to have do this research and analysis.
So, how are we going to pay for the study? We currently have commitments for a total of $60,000 for 2018. That leaves us approximately $30,000 to raise for 2018 work. The conservation district and others will be meeting with individuals and agencies during the remainder of March to solicit this $30,000 because it is too short of a time frame to get grant funding and it seems like it is a “doable” amount to raise for such an important issue to the community.
In ensuing years, we will be seeking support again from the stakeholders and applying for grants through the Basin Roundtable, the Colorado Water Conservation Board and others to be determined.
The White River Conservation District anticipates that we will have annual agreements with USGS for the study dependent upon funding availability and on adaptive research based on each year’s outcome.
The technical committee meeting will be March 21 at the Fairfield Center beginning at 11 a.m. At that time the workgroup will give a brief overview of their recommendations followed by a more detailed presentation of the SOW by USGS. We will break for lunch and reconvene at 1:30 p.m. for further discussion and public comment specifically on the proposal in anticipation of finalizing the SOW by end of the day.
Landowners and interested parties are welcome to attend the technical committee meeting and will have an opportunity to provide comment and input on the proposal during the public comment period. We strongly encourage that anyone interested in providing comment in the afternoon attend the morning session, where they receive a copy of the proposal and hear the presentations.
Visit the White River and Douglas Creek Conservation Districts’ website (www.whiterivercd.com) to find copies of the workgroup’s recommendations, previous meetings’ minutes, research and meeting information. Contact the conservation district office at 878-9838 with any questions.
District Executive Director Callie Hendrickson, of Grand Junction, reviewed subjects including rangeland health and monitoring; excess horses on public range; range improvement programs and opportunities; greater sage grouse management; and water issues. The latter includes facilitation, on behalf of the county, of the deliberations and research of the county’s White River Algae Task Force. The mission of the task force, Hendrickson stated, is “to ascertain what is driving the algae growth in the White River (in order) to improve the overall health of the watershed.”
The 2018 Plan of Work presented covers the development and implementation of the rangeland monitoring and weed control project with the federal Bureau of Land Management on the Piceance-East Douglas (Wild Horse) Herd Management Area; ongoing facilitation of the White River Algae Task Force; continuing utilization of the Land and Natural Resource Plan and Policies developed by the districts and approved by the board of county commissioners as a guide to public lands use; continuing equipment rental, tire tank and polyacrylamide (PAM) sales for sites where quick fixes are needed on dam areas where there are known leaks and for setting up the surface for new ponds as well as flooded field irrigation and ditch projects; continuing excess wild horse education; continuing work with partners to support the wise use of natural resources; and working to secure long-term sustainable funding to replace losses in mill levy funding.
Enterprise Products, Williams gas company, and XTO Energy were the primary sponsors of the district dinner this year. Steve Cochran, Enterprise manager, and Darren Baker, representing Williams, were presented “thank you” awards for the sponsorships. Past district manager Chris Colflesh and his bride, Kim O’Donnell, both now of Silt, were also honored.
The Natural Resources Conservation Service district conservationist, Kendall Smith from Craig, whose jurisdiction covers Moffat and Rio Blanco Counties; Kent Walter, field manager for the White River Field Office of BLM; and U.S. Forest Service Rio Blanco District Ranger, Curtis Keetch, each gave updates on the activities of their agencies.
The evening’s program closed out with presentations by Colorado Parks and Wildlife water quality guru Mindi May, Denver, and Elk Creek Ranch fishing manager Colton Brown sharing their perspectives on the White River algae situation.
Replacing aging and failing infrastructure was the primary topic of discussion for Meeker Sanitation District board members at its Dec. 6 meeting. Cooper Best and Josh McGibbon, from JVA Consulting Engineers, presented their assessment of the town’s sewer system.
JVA had Action Services “clean and jet” the lines and record their findings, resulting in 180 hours of sewer line video…
JVA uncovered three instances of fiber optic cable punched through sewer lines. The county is paying for and finishing repairs for those now.
One of the main problems in the system involve “service laterals.” While the district is responsible for the main system, homeowners are responsible for the connection between their homes and the district line…
The assessment identified “quite a few areas” where the service laterals have become separated from the main line, allowing water and roots to get into the system.
The district is facing about $10 million worth of repairs and replacements during the next nine years, starting with the highest priority projects. Some areas will require “full line replacements.”
Funding options include capital reserves, increasing tap and user fees, but none of those options are enough to cover the costs…
McGibbon and Best outlined necessary steps for the district to qualify as a “disadvantaged community” for grant purposes.
The “disadvantaged” label is limited to the Colorado State Revolving Fund and only applies to water and sewer projects…
The board, with JVA’s help, will begin pursuing grant monies to fund the suggested repairs and replacements…
The board also approved the 2018 budget, which includes a “tax holiday” for taxpayers, temporarily reducing the mill levy from 9.47 mills to 6.47 mills. The district anticipates $769,281 in revenue in 2018. According to the budget, “For the operation of the district, the estimated expenditures for 2018 have increased by $17,379.57 from the 2017 appropriated expenditures. The district has seen an increase in the property and liability insurance, employee health insurance program, an increase in the water sampling program, an increase in sewer main maintenance, and the employees will realize a 3 percent wage increase based on the average of salaries.” The district employs five people, two in the office and three at the wastewater treatment plant.
In an unprecedented move, the board voted against the bid award recommendations for the Meeker Water Supply Improvements Project from contracted civil engineer Olsson Associates. Olsson recommended awarding RNA Enterprises of Glenwood Springs for $340,948 and Ridge Electric of Grand Junction for $150,603 as the lowest bidders. Several trustees expressed concerns over the recommendation, as there was more than $100,000 difference between the low bid and the next highest bid, and the bid was not itemized.
Wyatt Popp of Olsson cautioned the board that the Department of Local Affairs (DOLA) grant funding received from the town would be at risk if the board chose to go with a higher bid. State statutes for DOLA funds require awarding the lowest bid as long as the bidders are responsive and qualified.
“Deviating from the process at this point in time is not recommended,” Popp said. Refusing to accept the recommendation risks losing approximately $300,000 in DOLA grant funds…
Town Attorney Melody Massih asked if there is a way to re-bid the project. Popp said that would require additional discussion with DOLA.
More than three dozen people gathered at the sheriff’s office conference room in Meeker last Friday morning to continue addressing why we’re experiencing such bothersome summer algae blooms in the ecological heart of our community—the White River. Led by Rio Blanco Commissioner Si Woodruff, with Commissioner Jeff Rector at his side, the past meetings were acknowledged and the county laid out their proposal for moving forward. The proposal was that an action oriented advisory group, smaller than the whole group gathered Friday, be established which could better focus on needed actions.
In addition, the county proposed that the White River and Douglas Creek Conservation Districts (CDs) take the lead in coordinating and facilitating meetings and electronic communications and serve as the fiscal agent to pursue and manage finances including grant applications and management for addressing the algae and overall health of the river.
Callie Hendrickson, executive director of the CDs, explained the discussions the CDs had held with the county and presented a possible scope of work to be carried out…
The advisory group proposed by the county initially includes representatives from the U.S. Geological Service (USGS), the county, the Colorado River Water Conservation District, the Towns of Meeker and Rangely, Meeker Sanitation District, Rio Blanco Water Conservancy District, Colorado Parks and Wildlife, and the CDs. Interested vested stakeholders, non-governmental organizations and members of the general public are expected to be included at some point as well.
The assembled group Friday accepted the county proposal without objection. The advisory group itself met Friday afternoon.
The county’s concept was also to turn to the USGS to do much of the needed further research. USGS scientist Ken Leib of Grand Junction, who has been attending the county river algae meetings, gave a presentation to the whole group on what such a research effort should look like. Leib reviewed much of the information on the river conditions that have already been collected, and the further research and data gaps USGS would try to complete.
Hendrickson facilitated a round-robin collection of important pieces individuals at the meeting would like to see included in further study and action. Several group members urged that the advisory group not delay pursuing actual remedial actions regarding the algae that make sense in the short term while conducting longer term research.
The Yampa-White-Green Rivers Basin Round Table is a group of 32 stakeholders from Routt, Moffat and Rio Blanco counties who work on local water issues. Established in 2005 when the Colorado General Assembly passed the Colorado Water Act for the 21st Century and officially beginning 2010 by order of the governor, the Round Table often uses studies, system modeling and projects with the goal of preserving the quantity and quality of water. Their goals include protecting the Y-W-G Basin from the Colorado River Compact curtailment of existing decreed water uses and some increment of future uses, protect and encourage agricultural uses of water in the Y-W-G Basin within the context of private property rights, improve agricultural water supplies to increase irrigated land and reduce shortages, identify and address municipal and industrial water shortages, quantify and protect non-consumptive water uses, maintain and consider the existing natural range of water quality that is necessary for current and anticipated water uses. They also seek to restore, maintain, and modernize water storage and distribution infrastructure while developing an integrated system of water use, storage, administration and delivery to reduce water shortages and meet environmental and recreational needs.
In November the Round Table will need to fill 10 vacancies on their board. Areas that will be open for re-election or new appointments include representatives for recreation, domestic water provider and industrial water user, as well as four at-large representatives plus three individuals or entities who reside outside the basin but own water rights within the basin. Eligibility requirements vary between the positions. Those interested in serving or seeking more information should contact April McIntyre, Round Table Administrative Assistant at 970-985-9924 or firstname.lastname@example.org.
Those who are interested in protecting and directing the future of the Yampa, White and Green River Basins are encouraged to get involved. Changing population distributions and water demands across the west will only serve to raise the level of importance these rivers play making groups like the Round Table ever more vital.
FromThe Grand Junction Daily Sentinel (Dennis Webb):
Cleanup is continuing and Chevron and authorities are looking into the cause of a pipeline leak outside the Rangely area in which more than 4,800 gallons of oil spilled into a dry drainage.
The leak was discovered March 5 by Chevron personnel in a drainage leading to Stinking Water Creek, and the line was shut off following the discovery.
Two ducks, two other birds and three mice died as a result of the spill.
The incident occurred on Bureau of Land Management land. BLM spokesman David Boyd said the spill initially was estimated at 1,200 barrels, or more than 50,000 gallons. But Erika Conner, spokeperson for Chevron Pipe Line Co., says early reports included recovered barrels of oil combined with snowmelt.
Boyd said the spill involved a 6-inch-diameter oil gathering pipeline.
Todd Hartman, a spokesman for the Colorado Department of Natural Resources, said the oil traveled about 30 feet to an unnamed drainage, then flowed to another drainage, covering about two miles altogether in heavily vegetated terrain.
It stopped at a stormwater siphon about 1.5 miles west of Stinking Water Creek, he said.
He said the failed section of pipe has been sent off for analysis.
Richard Mylott, a spokesman for the Environmental Protection Agency, said that Chevron “had previously installed berms and siphon dams in the unnamed draw as a prevention/preparedness measure for any spills.”
“… Cleanup is ongoing. Crews have vacuumed oil from behind the siphon dam and are currently removing contaminated soils, flushing oil from pockets and steep ditches,” he said.
Both Mylott and Conner said no water was impacted by the spill.
Conner also said there were no public health concerns.</blockquote
2016 saw the finalization and implementation of the Rio Blanco Land Use Plan. The plan, which had a four-year creation process, was accomplished in partnership with the former board of county commissioners. It endeavors to influence federal decisions by providing local input regarding federal lands. Because federal law requires that federal agencies, such as the BLM, give “meaningful consideration” to plans developed by local governments and conservation districts, the district has been able to gain a bigger seat at the table during the decision making process. The plan has already been put into use in addressing sage grouse issues and has allowed a conservation district representative to attend the BLM’s weekly NEPA meetings where they can officially comment on current issues, such as the BLM’s travel management plan.
The other major event impacting the conservation districts was the news that their mill levy had been incorrectly assessed causing an 83 percent budget reduction for 2017. The mill levy, which began collection in 1989, is only eligible to receive monies from real property. However, since its inception, it was collecting on both real and personal property. According to Hendrickson the oil and gas industry were hit the hardest. The impacted companies were given the opportunity to request abatement for the past two years’ collection. Hendrickson expressed extreme gratitude that none of the companies had, and instead expressed support for the work undertaken by the districts. The companies left substantial money in the coffers of the districts, with Enterprise being eligible for $135,000, Williams $65,000 and XTO $30,000. To help ease the budget transition the former board of county commissioners helped fund the districts for the 2017 year.
Meeker resident Gary Moyer, who sits on the National Association of Conservation Districts, provided a short update. The NACD is currently pushing for Congress to oppose any EPA authority over water quantity and the recently released BLM Planning 2.0. According to Moyer, Planning 2.0 does not allow for enough local input, despite the claim by the BLM that local input is the very purpose of the new plan. Moyer also cited concerns that it gives environmental groups who are not locally based a much bigger seat at the decision making table. He is hopeful that the plan will be killed by the Senate.
Senator Cory Gardner’s office sent a representative to address the group. Betsy Bair, who manages Gardner’s Grand Junction office, confirmed that Senator Gardner does not support BLM Planning 2.0 and is opposing the BLM’s vent and flare regulations, which impact the oil and gas industry.
The second half of the evening was filled with talk of water issues, many of which have significant impact to those living on the White River.
Marsha Daughenbaugh of the Community Agriculture Alliance informed the group of an upcoming Yampa/White River Basin water workshop. The workshop will take place on March 22 in Steamboat. Agriculture producers will be provided with the opportunity to learn about The Colorado Water Plan and how it may impact them. More information can be found at coagwater. colostate.edu.
Jim Pokrandt of the Colorado River Conservation District discussed the importance of Colorado snow pack. “We are all snow farmers,” he said. Pokrandt talked about the increasing incidence of water being pulled from production agriculture to the front range and the need to keep water moving from the East to the West. The Colorado River Conservation District will be piloting a program this year to conserve water in the Grand Valley, paying farmers to leave fields fallow. Pokrandt expects more than $750,000 to be paid to participating farmers this year.
The final speaker of the evening was Alden Vanden Brink from the Rio Blanco Water Conservancy. Vanden Brink updated the audience on the White River storage project, which is currently seeking to begin Phase II which includes modeling, preliminary studies and stakeholder outreach. Following Phase II the district will seek permitting, which Vanden Brink says can be a very long process.
The Douglas Creek Conservation District meets monthly, on the first Wednesday at 6 p.m. in Rangely. In coming meetings they will be discussing the future of the district.
The Rio Blanco Water Conservancy is preparing to begin Phase II of the White River storage project with the ultimate goal of obtaining a new reservoir on the White River.
The project began in 2014 with a water storage study. The study was determined necessary after the Conservancy determined that Rio Blanco was facing a water crisis. Approximately half of Kenney Reservoir’s original size has been silted in and it’s estimated that it loses 300 acre feet of water storage per year. The loss of Kenney significantly impacts recreation, endangered fish and potentially the Town of Rangely’s ability to store water. The district initially investigated improvements to Kenney but found that dredging would cost more than half a billion dollars and enlarging Taylor Draw had significant permitting issues. Because of these concerns the Conservancy District decided to move forward with the study of a new multipurpose reservoir. The functions of a new reservoir would include municipal and domestic water supply, environmental improvements, recreation, energy development and potentially irrigation and Colorado River Compact Storage.
Phase I of the project, which was completed in 2015, saw 23 initial reservoir sites identified at various locations along the White River. Estimating water demand in 2065, the District was able to narrow it down to two possible sizes, a 20,000 or 90,000-acre foot reservoir. After comparing construction, implementation and storage costs the location was also narrowed down to the Wolf Creek Drainage, which is located 17 miles East of Rangely, near Yellow Creek. The total project cost of the 20,000-acre foot option is estimated at $71.1 million and the 90,000-acre foot option at $127.7 million. However, when a storage cost per acre foot comparison is made the larger reservoir appears economical, with the 20,000-acre foot costing $3,560 and the 90,000-acre foot costing $1,420 per acre foot.
In addition to size options Wolf Creek comes with two potential locations, a traditional dam built directly on the White River or an off channel diversion project which would require the water to be piped and pumped to a nearby location. The on river dam option offers a smaller dam footprint, hydroelectric options and the possibility of extending the life of Kenney Reservoir by preventing more sedimentation. This option will require greater infrastructure relocations as well as have a larger impact on private and agricultural lands.
While the off channel diversion would certainly have higher construction costs than building on river, there are benefits to be considered. The off channel diversion would receive less sedimentation, leaving it more protected from the problems Kenney has experienced. It would also require little to no need for infrastructure relocations such as power lines or pipelines along with a minimal impact to private lands and personal property. Additionally, there are significant enlargement capabilities. However, the off channel option also provides limited opportunities for hydroelectric power. The conservancy has already filed for water rights on both options.
Phase I also looked at the potential tax revenue provided by a new reservoir, with recreation playing a large role. It is estimated that the Wolf Creek site could create a total annual tax revenue of $1.1- $1.4 million.
Phase II, which will begin when all funding mechanism are firmly in place, will include more stakeholder and public outreach, preferred alternative refinement, preliminary sedimentation studies and hydraulic modeling. In addition, this phase will include development of minimum stream flows for the endangered fisheries program and research into the possibility of another hydroelectric plant. Phase II is estimated to cost $350,000. The funding comes from a variety of stakeholders including $85,000 from the Yampa/White Green Roundtable, $75,000 form the Rio Blanco Water Conservancy District, $50,000 from the Town of Rangely, $10,000 from the Town of Meeker and $25,000 from Rio Blanco County. There is also a $82,888 grant request in to the Colorado Water Conservation Board.
In their most recent meeting the Rio Blanco Board of County Commissioners agreed to additional funding to help fill the $22,000 gap with the understanding that the Conservation District would request the Towns of Meeker and Rangely to share the burden.
The $75,000 contribution from the Rio Blanco Water Conservancy District is a sizeable amount of money for the district, as it equates to 45 percent of their tax revenue.
The goal is to have Phase II completed by 2018 so that the lengthy permitting process can begin.
The entire project boasts an aggressive schedule with the goal of final completion in 2024. This timeline is considered rapid because the last completed dam project in Colorado took 18 years. It is also not unusual for the permitting process to last decades.
Here’s guest column from David Nickum writing in the Grand Junction Daily Sentinel:
For more than a decade, the battle over Colorado’s Roan Plateau — a beautiful green oasis surrounded by oil and gas development — raged in meetings and in courtrooms. At issue: Would the “drill, baby, drill” approach to public lands carry the day and the path of unrestrained energy development run over one of Colorado’s most valuable wildlife areas? Or would “lock it up” advocates preclude all development of the Roan’s major natural gas reserves?
Luckily, this story has a happy ending — and a lesson for Colorado and other states in the West struggling with how to balance the need for energy development with conservation of public lands and irreplaceable natural resources.
The Bureau of Land Management recently issued its final plan for the Roan Plateau, closing the most valuable habitat on top of the plateau to oil and gas leases. The plan, which will guide management of the area for the next 20 years, also acknowledges the importance of wildlife habitat corridors connecting to winter range at the base of the plateau.
At the same time, the BLM management plan allows responsible development to proceed in less-sensitive areas of the plateau that harbor promising natural gas reserves and can help meet our domestic energy needs.
What happened? After years of acrimony and lawsuits, stakeholders on all side of the issue sat down and hammered out a balanced solution. Everyone won. It’s too bad it took lawsuits and years of impasse to get all sides to do what they could have done early on: Listen to each other. We all could have saved a lot of time, money and tears.
The Roan example is a lesson to remember, as the incoming administration looks at how to tackle the issue of energy development on public lands. There’s a better way, and it’s working in Colorado.
The BLM also this month, incorporating stakeholder input, closed oil and gas leasing in several critical habitat areas in the Thompson Divide — another Colorado last best place — while permitting leasing to go ahead in adjacent areas.
That plan also represents an acknowledgment that some places are too special to drill, while others can be an important part of meeting our energy needs.
And in the South Park area — a vast recreational playground for the Front Range and an important source of drinking water for Denver and the Front Range — the BLM is moving ahead with a Master Leasing Plan (MLP) for the area that would identify, from the outset, both those places and natural resources that need to be protected and the best places for energy leasing to proceed.
We have said that we want federal agencies in charge of public lands to involve local and state stakeholders more closely in land management planning — that perceived disconnect has been the source of criticism and conflict in the West regarding federal oversight of public lands.
The MLP process is a new tool that promises to address some of that top-down, fragmented approach to public land management. To their credit, the BLM is listening and incorporating suggestions from local ranchers, conservation groups and elected officials into their leasing plan for South Park.
This landscape level, “smart from the start” approach is one way for stakeholders to find consensus on commonsense, balanced solutions that allow careful, responsible energy development to occur while protecting our most valuable natural resources.
The lesson I take from the Roan? We can find solutions through respectful dialogue—and we shouldn’t wait for litigation to do so. [ed. emphasis mine] Coloradoans can meet our needs for energy development and for preserving healthy rivers and lands by talking earlier to each other and looking for common ground.
David Nickum is executive director of Colorado Trout Unlimited.
Solar-powered water systems let livestock drink more easily and take pressure off ponds and streams
[Vance Fulton], an engineering technician with the Natural Resources Conservation Service, described the way solar energy provides an effective way for landowners to transport water to their livestock.
“Especially around here, (landowners) have found that solar is a much more efficient way to pump water than the old windmills,” Fulton said.
And now, with the birth of the Sage Grouse Initiative, the solar-powered systems are receiving increasing amounts of federal support. Fulton said the systems have received funding through the Farm Bill for decades — but for the last several years, SGI has targeted more money for the solar-powered projects in places where the sage grouse is affected, such as Moffat County.
Surprising as it may seem at first glance, the creation of multiple water sources for cattle helps sage grouse too.
The system often works this way: A solar panel powers a pump that drives water through an underground pipeline, and the pipeline delivers the water to troughs at various points in the land so that animals can drink. The pump often fills up a storage tank for a backup water supply, as well.
The system, as Fulton explained it, creates an efficient means of supplying water to animals on the land. By creating several water sources, the system also eases stress on the ponds, puddles and streams where animals may gather to drink. That benefits a host of creatures — including the sage grouse.
Chris Yarbrough, formerly a biologist with the Rocky Mountain Elk Foundation, who is now regional habitat biologist for Idaho Fish and Game, explained how a water system such as this can help sage grouse. If there’s only one pond on a ranch, he said, that’s where the cows will congregate.
“That area will probably get overgrazed, and you’ll probably get a lot of weeds — things that aren’t good for wildlife,” he said.
But water troughs scattered throughout the land can attract animals to different spots, easing the pressure on a pond or a stream.
“The grasses and (other plants) then have a chance to grow,” he said — something that’s good for sage grouse and lots of other species, as well.
Yarbrough said much of the funding to install solar pumping systems in Moffat County is generated by the SGI, launched by the Natural Resources Conservation Service in 2010.
Fulton said the NRCS works with about 20 landowners in Moffat County on solar watering systems, and he noted there may be others using solar power, as well. It’s a number that’s far larger, he said, than it was about a decade ago, before the SGI.
One of the Moffat County landowners who uses solar-powered system is Doug Davis, who has a ranch called Davis Family Farm LLC that lies in the eastern part of the county.
“We discovered a very good water source up high, and because it’s up high you can use gravity flow,” Davis said.
Davis explained that the solar panel on this ranch pumps water from the well into a storage tank — and from that storage tank, gravity allows the water to flow through pipes to troughs throughout the property. Davis said that, on another property, he uses the solar-powered pump to push water directly to the troughs.
Either way, Davis said he’s glad to be using solar energy. He used to use windmills, which could be tough to maintain and less reliable.
“Windmills are much higher maintenance, and the wind does not blow as consistently as the sun shines,” he said. “Solar, which has turned out to be a low-maintenance, relatively low-cost proposition for us, is a winner.”
As Fulton walked through Davis’s land on that sunny July day, he pointed to some small nuances in the equipment, including strategically placed fencing to protect the plumbing from the animals drinking from the troughs, and a “small animal escape ramp” to let otherwise trapped animals climb to safety.
Fulton said the solar-powered system works without batteries, which means that energy is transferred directly to the pumps. It also means that the amount of energy may vary from day to day, depending on the supply of sunlight at a given time. That’s where the agility of the pumps comes into play.
“These pumps are able to work on variable voltage,” he said. “They’ll even continue to pump on a slightly cloudy day.”
Storing water during the sunny days, Fulton said, creates a water supply to use on the cloudy ones.
“You store water instead of storing electricity,” he said.
Fulton said, too, that advances in technology — in the pumps and the solar panels — have made the system even better than it used to be.
“It got more dependable, more efficient through the years,” he said — a sign that the sun soaking ranches throughout the county will be put to good use for many more years to come.
FromThe Craig Daily Press (Randy Baumgardner and Bob Rankin):
Our main takeaway from the meeting and subsequent tour was that the proposed Wolf Creek Reservoir project is a gem in the making for Colorado. In light of the governor’s water plan for the state, and his recent announcement that he wants to ensure that the we improve efficiencies and streamline the regulatory process for completing water projects in Colorado, it was highly encouraging to us to see a plan and a project like this in the works. Following our visit, we are confident that the Wolf Creek Reservoir can be an example and set the standard for how such projects can work, and we also both feel strongly that, for this reason, the Wolf Creek Reservoir should be made a priority within the state’s water plan.
More specifically, this project will bring a number of important regional benefits: it will provide the Town of Rangely with the quality and quantity of water necessary to serve their needs and address the growing water crisis that they are facing; it will assist in conservation efforts, providing possible opportunities for enhancing endangered fish species recovery; and, crucially, it will provide diversification to the local and regional economy through the tremendous recreational options it affords — offering growth and economic opportunity to an area that has been hit hard due to the drop in oil and gas prices, and other external and political factors that have ravaged the local energy industry. We will, of course, continue to work together at the state Capitol to address some of the political issues facing our energy sector; but in the meantime, seeing a project of this magnitude and importance begin to spring to life in this part of our state is extremely encouraging to us, as we are sure it is to the residents of Rangely and the whole area.
This project has great potential to offer incredible returns to both Rio Blanco and Moffat counties. The recreational opportunities alone will certainly enhance the quality of life for the region as well as diversify the local economy, as it will draw people not only from around the region and the rest of the state, but from neighboring states as well.
We both believe that it is time for the state and the various stakeholders involved to get behind making this project a reality. This is a perfect example of how the state can prioritize helping western Colorado. In particular, we would ask the governor to put his support behind it, and to use this as an opportunity to prove his commitment to speeding up the permitting process…
Sen. Randy Baumgardner and Rep. Bob Rankin composed this Op-Ed.
Here’s the release from The Center for Biological Diversity (Taylor McKinnon):
Lawsuit Launched Over Fracking, Water, Climate Change in Colorado River Basin
The Center for Biological Diversity and Living Rivers today filed a 60-day notice of intent to sue the Bureau of Land Management and U.S. Fish and Wildlife Service to compel them to update invalid, outdated Endangered Species Act consultations on the impacts of climate change and expanded fracking in western Colorado on the Colorado River system and its four endangered fish. The challenge seeks to halt all new oil and gas leasing and development on federal public lands in the Upper Colorado River Basin of Colorado — including the White River and Grand Junction field offices — pending updated consultations.
“The Colorado River system’s endangered fish can’t handle more water depletions. The river system is already overtaxed, and declining flows because of climate change are making a bad situation worse,” said Taylor McKinnon with the Center. “It’s hard to imagine a more self-destructive policy for the Colorado River Basin than using scarce water to fuel more climate-warming fossil fuel extraction — but that’s exactly what the Obama administration is allowing.”
The notice asserts that a programmatic “biological opinion” study authorizing water withdrawals for oil and gas development on public lands in the Upper Colorado River Basin is outdated and invalid. The study fails to consider impacts to endangered fish from the drawing-down of large amounts of water that would be used for horizontal drilling, as well as the impacts of developing expanded estimates of Mancos shale gas deposits, existing and projected future climate-driven Colorado River declines, oil and other toxic spills, mercury and selenium pollution, and the failure of the federal recovery program to provide minimum river flows in critical habitat for the fish.
The notice challenges both agencies’ reliance on the study when they approved new land-use plans for the Grand Junction and White River field offices last year and other oil and gas development plans this year. Together the new land-use plans would allow nearly 19,000 new oil and gas wells in western Colorado. Yet the Fish and Wildlife Service has already conceded that any further water depletions from the Colorado River or its tributaries would jeopardize the four endangered fish — the Colorado pikeminnow, razorback sucker, humpback chub and bonytail.
“Fracking in the Colorado River Basin comes at the peril of public lands, our climate, the river, its endangered fish, and tens of millions of downstream water users,” said McKinnon. “It’s backward public policy in face of a worsening climate crisis. Now’s the time for the Obama administration to align our country’s energy policies with its climate goals by ending new fossil fuel leasing on America’s public lands.”
Center for Biological Diversity attorneys Wendy Park and Michael Saul are staffing the case.
On behalf of the American people, the U.S. federal government manages nearly 650 million acres of public land and more than 1.7 billion acres of the Outer Continental Shelf — and the fossil fuels beneath them. This includes federal public land, which makes up about a third of the U.S. land area, and oceans like Alaska’s Chukchi Sea, the Gulf of Mexico and the Eastern Seaboard. These places and the fossil fuels beneath them are held in trust for the public by the federal government; federal fossil fuel leasing is administered by the Department of the Interior.
Over the past decade, the combustion of federal fossil fuels has resulted in nearly a quarter of all U.S. energy-related emissions. A 2015 report by EcoShift Consulting, commissioned by the Center for Biological Diversity and Friends of the Earth, found that remaining federal oil, gas, coal, oil shale and tar sands that have not been leased to industry contain up to 450 billion tons of potential greenhouse gas pollution. As of earlier this year, 67 million acres of federal fossil fuel were already leased to industry, an area more than 55 times larger than Grand Canyon National Park containing up to 43 billion tons of potential greenhouse gas pollution.
Last year Sens. Merkley (D-Ore.), Sanders (I-Vt.) and others introduced the Keep It In the Ground Act (S. 2238) legislation to end new federal fossil fuel leases and cancel non-producing federal fossil fuel leases. Days later President Obama canceled the Keystone XL tar sands pipeline, saying, “Because ultimately, if we’re going to prevent large parts of this Earth from becoming not only inhospitable but uninhabitable in our lifetimes, we’re going to have to keep some fossil fuels in the ground rather than burn them and release more dangerous pollution into the sky.”
Download the Center for Biological Diversity’s legal petition calling on the Obama administration to halt all new offshore fossil fuel leasing.
Download the Center for Biological Diversity’s legal petition with 264 other groups calling on the Obama administration to halt all new onshore fossil fuel leasing.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.1 million members and online activists dedicated to the protection of endangered species and wild places.
FromThe Grand Junction Daily Sentinel (Dennis Webb):
Two conservation groups say oil and gas leasing and development need to be halted on federal lands in the Upper Colorado River Basin until agencies can take the steps needed to protect endangered fish.
The Center for Biological Diversity and Living Rivers have notified the Bureau of Land Management and U.S. Fish and Wildlife Service that they plan to sue the agencies for failing to take into account new information in order to properly protect the Colorado pikeminnow, razorback sucker, humpback chub and bonytail. This information includes the growing use of water-intensive horizontal drilling and hydraulic fracturing to produce oil and gas from the Mancos shale formation, which holds a much larger developable resource than previously thought. The U.S. Geological Survey recently estimated that the Piceance Basin’s Mancos shale formation contains 40 times more recoverable gas than it previously had estimated.
The groups say the BLM and Fish and Wildlife Service relied on an invalid and outdated study authorizing water depletions for oil and gas development in the Upper Colorado Basin as the BLM approved land-use plans in the region, most notably plans involving the Grand Junction and White River field offices that combined allow for nearly 19,000 oil and gas wells…
The study, known as a programmatic biological opinion, was adopted in 2008, before the BLM recognized the potential for horizontal drilling and the associated water impacts, the groups say in their notice of intent to sue. The notice said while the BLM estimated that local wells drilled out directionally and then vertically into producing formations require an average of 2.62 acre-feet of water, nine local horizontal wells ended up consuming an average of nearly 69 acre-feet each. That largely was responsible for water consumption of nearly twice the projected annual total for oil and gas development for a sub-basin portion of the Colorado River, in violation of a depletion limit intended to protect the fish, the groups say.
The groups’ notice said difficulty meeting minimum recommended flows for the fish in a critical 15-mile stretch of the Colorado River in Mesa County strongly suggests the habitat there will be unsuitable for the Colorado pikeminnow and razorback sucker in dry years, “and that flow depletions from oil and gas development will only exacerbate these unsuitable conditions and reduce these species’ chances of recovery.”
BLM and Fish and Wildlife Service spokesmen said Monday their agencies don’t comment on pending litigation.
Kathleen Sgamma of the Western Energy Alliance industry group said the legal action is another attempt by conservation groups to grasp at straws in their opposition to the industry. She noted a state estimate that fracking consumes less than a tenth of a percent of Colorado water.
“It’s a very small amount of water that is used for fracking and for oil and gas development in general,” she said.
She added that one horizontal well replaces several vertical wells, so the overall water use is actually lower. And she questioned how much impact energy development can be having on fish at a time of minimal drilling activity on the Western Slope.
The conservation groups single out in their notice water consumption by Black Hills Exploration & Production, but that company since has suspended local drilling.
MEEKER – The mule in a pasture east of Meeker along the White River seemed happy to see Erin Light, a state division engineer, and Shanna Lewis, a water commissioner, when they went to take a look at the amount of water flowing through the Meeker Ditch on July 11.
Lewis, who grew up on a Colorado ranch, praised the mule’s beautiful, deer-like coloring and said they’d become friends on her frequent visits to check the ditch.
But the warm equine reception the two enforcers of Colorado water law received differed from the response they sometimes get from ranchers in Division 6, which encompasses the Yampa, White and North Platte river basins, especially when they are visiting a ditch because they think its operator is diverting more water than they need through their head gate.
“I would say I’m more telling than I am curtailing,” said Light, who has been the division engineer based in Steamboat Springs since 2006. “There have only been a few situations where I’ve actually said, ‘That’s it. We’re curtailing you.’ And they’re very obvious situations where they’ve got a lot of water going down the tail end of their ditch, where you can’t argue that this isn’t waste.
“Where the problem becomes in determining waste is that I can go out to a piece of land and say, ‘Oh my gosh, you’ve got 6 inches of water on this land. There’s ducks swimming around. This is wasteful,’” she continued. “You can go to the landowner or the irrigator and say, ‘This is waste,’ and they’ll stare you right in the face and say, ‘The hell it is.’”
Division and state engineers working for Colorado’s Division of Water Resources, as Light does, are the only officials who have the authority to determine if waste is occurring on an irrigation system. And their primary response is to curtail wasteful flows at the head gate.
But determining if there is waste in a ditch is a case-by-case exercise. It’s site specific and time sensitive, and it can take time to understand how someone manages their ditch.
There’s no state definition of waste or written guidelines, but in the end it’s a fact-based analysis focused on how much water is needed to irrigate so many acres.
An allowance is also made for customary inefficiencies on a ditch system. Water leaking out of an old ditch, for example, is not considered waste. But beyond inefficiency, which is often a physical issue, there is waste, which is usually a water-management issue.
And waste is a much bigger issue on the Western Slope than on the state’s drier eastern plains, where irrigators have long watched for anyone wasting water.
Free river, or not
In 2014, Light served the Meeker Ditch with a written curtailment order, and she also told the big Maybell Canal on the Yampa River that they had to stop wasting water.
And she did so even though neither river was “under administration,” the term for the body of water being called out by senior downstream diverters, so both were considered in a “free river” condition.
Nor was there another water right that was being injured by either ditch’s diversions.
Just in the past 10 days, Light’s office has informed rancher Doug Monger that water is