A once-promising #ColoradoRiver forecast is downgraded after mediocre April snowfall — AZCentral.com #snowpack #COriver #aridification

Click the link to read the article on the AZCentral.com website (Brandon Loomis). Here’s an excerpt:

May 16, 2024

A dry April around the Colorado River Basin melted hopes for a second-straight banner year of big runoff to swell Lake Powellโ€™s reservoir storage, government hydrologists say. The result is a likely holding pattern for drought responses over the next two years, according to the U.S. Bureau of Reclamation. Water levels in Lake Powell and Lake Mead are unlikely to rise as they did after the strong snowpack that accumulated over the 2022-2023 winter, but are also unlikely to tip the Southwest into a new tier of water austerity measures. The mountain snow season started out dry, came on strong in the middle, and came to an abrupt standstill in April.

With the exception of the Colorado headwaters and Arizonaโ€™s Verde River, most areas of the seven-state watershed experienced below-average April snow and rain, according to the Colorado Basin River Forecast Center. What had generally been above-average snowpack water content throughout the region in late-winter turned toward normal or below average as meltwater started flowing toward Lake Powell.

Snowpack numbers drop during a drier April

For the water year that began in October, total precipitation in areas flowing toward Lake Powell stood at about 97% of the 30-year average this month, he said. A relatively dry month above the big reservoir had reduced an April 1 snow-water equivalent reading that was 113% of the median to just 89% by May 1. Snow-water equivalent describes the amount of water that would result from melting snow.

Reclamation, which manages Powellโ€™s releases past Glen Canyon Dam, now predicts the water flowing toward the reservoir through the end of runoff season in July will come in at 81% of average, totaling 7.9 million acre-feet. With the agency set to release 7.48 million acre-feet toward Lake Mead this year, Powellโ€™s storage capacity is not expected to change much. It is currently 34% full and most likely will end the year at 37%, according to the agencyโ€™s calculations…

Within Arizona, the Salt River Projectโ€™s outlook for water supplies is strong for the second year in a row. The metro Phoenix supplier said its Salt and Verde watershed reservoirsย entered May at 93% of capacity.

Nathan Coombs elected chair of #Colorado Water Conservation Board — @AlamosaCitizen #SanLuisValley #RioGrande

Click the link to read the article on the Alamosa Citizen website:

May 16, 2024

Manager of the Conejos Water Conservancy District and fourth-generation farmer and will lead the nine-member board

Conejos Countyโ€™s Nathan Coombs was elected new chair of the Colorado Water Conservation Board this week. Itโ€™s a major role for the fourth-generation farmer who will lead the 15-member board for the next year. 

The Colorado Water Conservation Board includes nine representatives from each major Colorado river basin as well as the Denver area.ย 

โ€œIโ€™m honored to serve as chair of the CWCB, to bring in my experience working in the challenging landscape of the San Luis Valley, and lean on the experiences of the rest of the board,โ€ said Coombs.โ€ We face so many water challenges in Colorado, so itโ€™s critical we all come together to find creative solutions.โ€

The Rio Grande cutthroat is the only trout native to the San Luis Valley. Evidence suggests it was a native fish to Lake Alamosa 700,000 years ago. Photo credit: Ryan Michelle Scavo

Coombs serves as the representative of the Rio Grande Basin and is manager of the Conejos Water Conservancy District. In recent years, Coombs has partnered with biologists at Trout Unlimited to improve habitat for fish in the regionโ€™s rivers and streams. Coombs takes over as CWCB board chair from Greg Felt, representative of the Arkansas River basin and chair from 2023 to 2024.ย 

Lorelei Cloud, Vice-chair of the Southern Ute Tribal Council, and Southwest Colorado’s representative of the Colorado Water Conservation Board, which addresses most water issues in Colorado. Photo via Sibley’s Rivers

Lorelei Cloud was elected as vice chair. Cloud serves as the representative of the San Miguel-Dolores-San Juan drainage basin, and also serves as vice chair of the Southern Ute Indian Tribe. Cloud is the first tribal council member to join the board and is a leader in Colorado, bringing critical tribal voices to the table.

In March 2023, Colorado Governor Jared Polis appointed Coombs and Cloud to the CWCB to represent their basins.  

โ€œDirectors Coombs and Cloud joined as board members last March, and have made valuable contributionsย  over the last year,โ€ said CWCB Director Lauren Ris. โ€œWe are excited to see what they do in the next year in these leadership roles โ€“ from navigating tough conversations to leading productive brainstorming to listening to viewpoints from across the state.โ€

#Colorado State University leads comprehensive review of #wildfire research in collaboration with Stanford University

Click the link to read the release on the Colorado State University website:

May 14, 2024

Editorโ€™s note: This story was adapted from a press release originally published by Stanford University.

The huge, long-lasting wildfires that have become increasingly common in recent years can cause changes in soil chemistry that affect water contamination, air quality and plant growth. These changes, however, are poorly monitored and rarely factor into post-fire recovery efforts or risk assessments, according to a CSU-led article published May 14 in Nature Reviews Earth & Environment.

The literature review, initiated and led by Thomas Borch, a soil chemist and professor in CSUโ€™s Department of Soil and Crop Sciences, found that better techniques are needed to monitor fire-induced changes in soil chemistry. This enhanced monitoring could inform decisions on how to treat drinking water sourced from burned areas, support reforestation, and protect workers against toxins during post-fire cleanup, rebuilding or revegetation.

The work was conducted in collaboration with researchers at Stanford University. CSU doctoral student Jacob VanderRoest and postdoctoral researcher Holly Roth also contributed to the review article.

โ€œA better understanding of the molecular mechanisms in soil can help explain, for instance, why drinking water from a forest fire-impacted watershed is suddenly more toxic, or why a forest is not coming back,โ€ said Borch, a senior author of the study.

โ€œIn our study, we mesh organic and inorganic chemistry together, whereas a lot of fire research will typically just consider one subject area,โ€ said Claudia Avila, a soil biogeochemist who co-led the study with Alandra Lopez while both researchers were postdoctoral scholars in the lab of Stanford Doerr School of Sustainability Professor Scott Fendorf.

Credit: Colorado State University

The review highlights evidence from recent studies suggesting wildfires may release more planet-warming carbon dioxide into the atmosphere than anticipated. Charcoal-like remnants of burned wood and other organic materials, known as black carbon, may not trap carbon dioxide for as long as scientists had hoped.

โ€œCarbon thatโ€™s gone through forest fires and becomes black carbon can actually turn more readily into carbon dioxide by microbes than previously thought,โ€ said Fendorf, the Terry Huffington Professor at Stanford.

โ€œFrom a climate perspective, we still have a poor understanding of how much of the carbon that is left after a fire has the potential to be transformed into greenhouse gasses, such as carbon dioxide,โ€ said Borch, who worked in Fendorfโ€™s lab as a postdoctoral fellow 20 years ago.

Wildfires can have many benefits for ecosystems, the authors note. For example, some fires can increase the nitrogen content in soil organic matter and augment the water solubility of soil organic carbon, setting the stage for regrowth. However, recovery depends on the presence of other chemicals. For instance, certain types of organic molecules formed in soil during fires, called karrikins, are needed for many seeds to germinate. If the local soil chemistry and fire conditions do not produce enough of these karrikins, revegetation may be stunted.

Other research included in the new review has shown that wildfires can double the soil concentration of a group of toxic chemicals known as polycyclic aromatic hydrocarbons, which can induce chemical reactions that inhibit revegetation. These molecular-scale effects could well explain the mystery of vast areas where trees have struggled to reestablish after wildfires in the Rocky Mountains, Borch said.

Wildfires can also alter the chemical properties of inorganic materials such as metals within soils. Fire can change the metals into dangerous forms that readily move through the environment, ending up in the air or nearby water, the authors explained. The collaborators from Stanford University had previously documented high levels of a hazardous form of the metal chromium at wildfire sites resulting from heat-induced transformation of naturally occurring, benign forms of chromium. At sites where extremely hot, long-lasting fires cooked soils to high temperatures for extended periods, chromium persisted for many months until the next large rain event.

Other research on chromium indicates that after lower-intensity fires, remnant plant and animal tissue in soil can allow the toxic form of chromium to return to its inert form. Taken together, these studies illustrate the broader reality that wildfire impacts on soil chemistry depend on the intricate nature of the fire and landscape, including fire duration and temperature.

Predicting and mitigating wildfire risks

Broader surveillance and modeling could inform wildfire management decisions and strategies for protecting lives, property and natural resources. Avila offers an example of how this approach to informed stewardship could help prevent the leaching of metals into drinking water supplies.

โ€œBy identifying an area that has a high potential for, say, chromium release, we can call for prescribed burns that are lower intensity and reduce the potential for high-intensity, toxin-releasing fires,โ€ said Avila, who is now an assistant professor of environmental and ocean sciences at the University of San Diego.

โ€œIf we can grasp the complexity of the intertwined processes that are happening both on the organic and the inorganic side, then that helps give us the ability to predict outcomes for different fire, landscape and geological conditions,โ€ Fendorf said.

Summers of Smoke

For decades, Colorado State University has been at the forefront of fire science, earning its reputation as one of the leading institutions studying wildfires. Explore other stories on wildfire research at CSU.

West Fork Fire June 20, 2013 photo the Pike Hot Shots Wildfire Today

Biden wages a war on #coal-burning. Really!: But supports U.S. #uranium mining with Russia import ban — Jonathan P. Thompson (www.landdesk.org)

Okay, it isnโ€™t the Powder River Basin, but it is a coal mine: The West Elk near Somerset, Colorado. Jonathan P. Thompson photo.

Click the link to read the article on The Land Desk website (Jonathan P. Thompson):

BIG NEWS: On May 16, the Bureau of Land Management proposed ending new federal coal leasing in the Powder River Basin in Wyoming and Montana, which is by far the nationโ€™s largest coal-producing region. The announcement comes on the heels of the finalization of a trio of more stringent rules for power plants. Together, the two moves could one day substantially diminish coal-fired electricity generation in the U.S., if not wipe it out altogether.

CONTEXT: Can we please stop accusing President Biden of โ€œclimate indifferenceโ€ โ€” and worse? I mean, seriously, folks: He may not have ended oil and gas drilling on public land, but he is standing up to the fossil fuel industry more potently than any president before him. 

Granted, this is not a ban on coal mining. The gargantuan mines of the Powder River Basin will continue to churn out the carbon-intensive fuel for years. But when they deplete their current lease areas, which is expected to occur between 2035 and 2060, depending on the mine and region, they wonโ€™t be able to expand. That could potentially keep more than 48 billion tons of coal in the ground that otherwise would be mined and burned, thereby avoiding a heck of a lot of greenhouse gas emissions and other pollutant-spewing.

โ€œThis decision opens new doors to a future where our public lands are not sacrificed for fossil fuel profits and, instead, can prove a bulwark of ecological and community resilience in the face of a warming climate,โ€ saidย Erik Schlenker-Goodrich, executive director of the Western Environmental Law Center, in a written statement.

The coal industry, as one might expect, is enraged, as are Wyoming and Montana leaders. Even Sen. Jon Tester, the Montana Democrat running for re-election against a full-blown climate change denier, is pushing back and considering ways to kill the plan. You can count on lawsuits challenging the plan, but keep in mind that the proposed leasing halt is the outcome of environmentalists challenging a Trump-era land-use plan.

Thing is, if the coal-burning industry continues to follow current trajectories, it may have perished on its own by the time this leasing ban kicks in. Yes, the Big Breakdown of coal has faltered somewhat in places: Rocky Mountain Power recently announced it was extending the life of some of its coal plants, for example. But itโ€™s still underway as can be seen in the Powder River Basin, where first quarter 2024 coal production was more than 20% lower than a year earlier.

Coal-burning is going bye-bye, one way or another. Instead of trying to fend off the inevitable, local and state officials would be far better off seeking alternatives and ways to ensure that the transition is just and less painful.

Waste rock from the Sunday Mine Complex near Slick Rock, Colorado. Western Uranium & Vanadium hopes to start producing ore here in the next year or so. Jonathan P. Thompson photo.

On May 13, President Biden signed into law the Prohibiting Russian Uranium Imports Act, which does exactly what it says: bans imports of low-enriched uranium from Russia or Russian entities. And the domestic uranium mining industry is radiating with joy (see what I did there?) over the possibility it will boost efforts to reopen long-idled mines in the West. 

Sen. John Barrasso, the Republican from Wyoming, first introduced the legislation back in 2022, shortly after Russia invaded Ukraine, as a way to cut off funding for Putinโ€™s war machine. Sen. Ted Cruz put it on ice, purportedly to get his way with some other legislation, but finally removed his hold on it this spring. And, despite the MAGA GOPโ€™s growing fondness for Putin, the bill finally made it through the House and Senate earlier this year before heading to Bidenโ€™s desk.

This is a big deal because U.S. utilities currently get almost all of their nuclear reactor fuel, i.e. uranium, from non-domestic suppliers. In 2022, about 12% of U.S. uranium purchases โ€” or 4.9 million pounds of it โ€” came directly from Russia. And another 25%, or some 10 million pounds, came from Kazakhstan, where the mines are mostly operated byย Uranium One, a subsidiary of the Russian state-owned firm Rosatom. Uranium One also operates in Namibia and Tanzania. (Uranium One formerly owned mines and in-situ operations in Wyoming, too, but sold out of the U.S. in 2021).ย 

In other words, the ban potentially creates a 15-million-pound gap between supply and demand that must be filled to keep reactors running. And domestic suppliers are scrambling to fill the void by reopening long-idled mines and constructing new ones in Utah, New Mexico, Arizona, Wyoming, and Colorado. Energy Fuels โ€” which owns the White Mesa uranium mill in southeastern Utah, the Pinyon Plain near the Grand Canyon, and several other projects in Utah, New Mexico, and Wyoming โ€” was giddy over the ban, tweeting: โ€œWe stand ready to help supply the #nuclear market with responsibly produced US #uranium.โ€ 

As the Land Desk has written before, much of the talk of a uranium mining renaissance is merely hype intended to mine investorsโ€™ bank accounts more than to extract actual ore. And most of the press releases about this or that upcoming firmโ€™s latest exploratory drilling results are just a bunch of ballyhoo. Even if they do pan out, it wouldnโ€™t be until years or even decades from now. 

But the import ban, paired with sustained high uranium prices โ€” around $90 per pound for the past six months โ€” certainly will shoot some adrenalin into the figurative veins of established producers, which have been in a zombie state for the past several years. Energy Fuels, for instance,ย reportsย that it is producing uranium ore at its Pinyon Plain (Arizona) and La Sal and Pandora (Utah) mines, though it is stockpiling the rock for now rather than shipping it to its Utah mill for processing. The company is also preparing its Nichols Ranch (Wyoming) mine for production as well as its Whirlwind Mine, which lies along the Colorado-Utah state line on the eastern slopes of the La Sal Mountains outside of Gateway.

But even Energy Fuelsโ€™ outlook is tempered: They say theyโ€™ll start shipping ore, start producing at other mines, and ramp up permitting for other projects, if market conditions remain strong. And they may not. Miners in Canada and Australia may respond to the high prices and the Russia ban by substantially ramping up production and exports to the U.S., which would dampen prices and make it once again unfeasible for American mines to operate. 

But in the short-term, it appears that uranium country is going to experience at least a mild mining resurgence. And itโ€™s happening under some of the same mining laws that failed to mitigate the devastating impacts of past booms. 

See where the hypeโ€™s all about at the Land Desk Mining Monitor Map

๐Ÿ  Random Real Estate Room ๐Ÿค‘

One of the ways I like to procrastinate โ€” er, learn new things โ€” is to cruise around the West via Zillow in search of the last affordable place to buy a home. Usually I donโ€™t find much. But last week, theย Los Angeles Timesย did my work for me by publishing a list of the only towns in the state where the median home sale price is $150,000 or less. LA Times staffer Terry Castletonย writes:

Damn, I thought, these sound like some nice little secret gems! So I read on. These are some of the towns they came up with: Trona, Dorris, Macdoel, Tulelake, Boron, Yermo, Hinkley, Johannesburg.

Now, you might be thinking: Why is this jerk sharing this? Isnโ€™t he worried the towns will be overrun and gentrified if the word gets out?

Well, no, Iโ€™m not too worried. First of all, it already appeared in a very big newspaper. Second of all, Iโ€™m not sure most of these towns are prime candidates for gentrification. I mean, consider Trona: a tiny little place sandwiched between an old coal plant/soda ash processing facility and a sprawling borax evaporation ponds.

Trona, California, from the sky. Itโ€™s still affordable and wonderful for folks who want to live in an industrial site. Source: Google Earth.

Hereโ€™s a sampling of homes on the market in Trona:

So, yeah, not bad prices, really. Especially considering that beyond the industrial facility is a bunch of desert expanse that Iโ€™m sure is beautiful.

Yermo, also on the list, looks similar, but itโ€™s far less remote. And the LA Times story seems to have gone to its head, real estate-wise. The four homes on the market arenโ€™t all that cheap (between $175k and $229k) โ€” possibly due to its proximity to that desert gem of a city, Barstow. Ditto with Hinkley, famous for being the polluted place in Erin Brokovich. Yay.

I actually considered moving to Boron, another one on the list, after I graduated from college. The local high school was desperate for teachers and willing to hire folks without a teaching certificate. It was tempting, I must admit, especially for a desert rat like myself who could appreciate the sublimity of living on the edge of an open pit borax mine. Thing is, a lot of the land around there is an air force base, and the mountains are kind of far away, limiting exploration. I demurred.

Anyway, itโ€™s worth checking out the other towns on the list if youโ€™re seeking something affordable. They may be the only places left in all the Western U.S.

Guest column: Bureau of Land Management Public Lands Rule brings balance to public lands management — #Colorado Newsline

A view from Handies Peak in Hinsdale County. The peak, which rises to 14,048 feet and is pictured in July 2011, is the highest point of land managed by the Bureau of Land Management outside of Alaska. (Bob Wick/BLM/Public Domain Mark 1.0)

Click the link to read the guest column on the Colorado Newsline website (Becky Edwards and Jen Clanahan):

May 15, 2024

As Mamas, we are constantly seeking balance, whether it is managing our responsibilities at work and home, finding time for our own interests, budgeting or, quite literally, when we are teaching our children to ride bikes or trek across a log over a stream. Balance keeps things in check and benefits all of us.

It is in the spirit of balance that the new Bureau of Land Management Public Lands Rule was penned. Previously, the management of these public lands has focused on other uses, while conservation has been left out of the equation. Drilling, grazing, ranching and recreation were taken into consideration, but not conservation and land preservation.

Until now.

Recently, the Department of the Interior announced a final rule to guide the BLM on managing resilient ecosystems that will weather a changing climate, protect existing landscapes that provide critical wildlife habitat, clean air and water, and take into consideration how communities are impacted by a changing world. These decisions will be made based on science, data and Indigenous knowledge.

While the Federal Land Policy and Management Act, the act that supplied the BLM with its modern mission, does require the BLM to protect public lands, the Public Lands Rule provides guidance and resources to achieve it.

It will give land managers tools to protect, restore and maintain our public lands and waters. In Colorado, the BLM manages more than 8.3 million acres of our public lands.

This rule could not have come at a more crucial time. Our public lands are feeling the strain of climate change and increased use. Recognizing that we are at a pivotal point in time where we must preserve, protect and properly manage our public lands, the new rule will bring balance to todayโ€™s activities, which will also determine the state in which we pass these treasured lands to future generations.

Our public lands are the backbone of our way of life in the Western states. They are where we teach our kids to fish, camp and hike. They are where we go ourselves to find solitude, recreate, and slow down from our busy lives.

Communities situated near these lands and waters are changing too. Some are experiencing the benefits of booming economies, while others scramble to maintain their way of life as once-sleepy towns get busier. About 4.3 million jobs are created across the U.S. through outdoor recreation, like wildlife watching, boating and hiking, on public lands. These activities contribute about $11.4 billion to the national economy, especially impacting gateway communities to these areas. Now, there will be new opportunities for people to engage in decision-making when it comes to issues that are close to home.

We are grateful that we are able to enjoy these varied and vast lands with our families. We believe it is our responsibility to care for them during our time here and maintain them for our kids, and theirs. This new rule will help ensure that these treasured lands remain healthy and ready to welcome future generations.

We would like to thank BLM Director Tracy Stone-Manning for her leadership on the rule and  Coloradoโ€™s Sens. Michael Bennet and John Hickenlooper for their support, and Montana Sen. Jon Tester.

Plan to use cyanide to extract gold from #Leadville mining waste has residents concerned: Proposal has prompted locals to submit hundreds of comments in opposition — The #Denver Post #ArkansasRiver

California Gulch back in the day

Click the link to read the article on The Denver Post website (Elise Schmelzer). Here’s an excerpt:

A company in Leadville wants to truck 1.2 million tons of the waste to a mill on the southwestern edge of the high mountain city, use cyanide to extract gold and silver from the rocks, and then return the hills to a more natural state. CJK Milling says its proposed operation would be โ€œone of the largest, most innovative environmental cleanups of abandoned mine wasteโ€ in Leadville โ€” and a model for other historic mining areas.

But the companyโ€™s proposal has prompted skepticism and alarm in Leadville, with some locals opposing the additional trucks the project would put on roads in the area. Others fear the use of toxic cyanide โ€” up to 600 pounds a day โ€” so close to town and the Arkansas River. They worry about the projectโ€™s potential impacts on soil, water and air quality.

The proposal has also raised a broader question: What is the future of mining in a town that once relied on it but has cultivated a new identity as a high-altitude hub for tourism and recreation?

[…]

Company leaders, however, say their project is not a mining operation โ€” and instead is focused on removing the waste piles and returning the land they sit on to its natural state. The project could be an example of profitable, privately funded cleanup of mining waste, said Nick Michael of CJK Milling.

Airborne Technology Developed at the University of Southern #California Brings New Hope to Map Shallow Aquifers in Earthโ€™s Most Arid Deserts

Click the link to read the release on the University of Southern California website:

Airborne sounding radars can perform comprehensive mapping within a few hours compared to existing in-situ methods that would take a few years

Photo credit: University of Southern California

May 16, 2024

Water shortages are expanding across the Earth. This is particularly acute in desert areas of the Middle East that are subject to both drought and extreme conditions such as flooding. As a result of these uncertainties, there is an increasing reliance on shallow aquifers to mitigate these shortages. However, the characteristics of these aquifers remain poorly understood due to the reliance on sporadic well logs for their management.

To address this challenge a team of researchers at the USC Viterbi School of Engineering Ming Hsieh Department of Electrical and Computer Engineering along with collaborators at Metric Systems Corporation, Caltech, Institute of Flight System Dynamics at the Technical University of Munich, the Department of Electrical Engineering at Qatar University, the Qatar Environment and Energy Research Institute at Hamad Bin Khalifa University, Bin Omran Trading & Telecommunications, the Earth and Life Institute at Catholic University of Louvain, the Department of Civil and Environmental Engineering at University of Hawaiโ€™i at Manoa, and The Aerospace Corporation, developed a new prototype for what the team is calling an  โ€œAirborne Sounding Radar for Desert Subsurface Exploration of Aquifers,โ€ nicknamed โ€œDesert-SEA.โ€ The new technique will map the top of the aquifer, called the โ€œwater table,โ€ spanning areas as large as hundreds of kilometers using a radar mounted on a high-altitude aircraft. According to the researchers, Desert-SEA will measure, for the first time, the variabilities in the depth of the water table on a large scale, allowing water scientists to assess the sustainability of these aquifers without the limitations associated with in-situ mapping in harsh and inaccessible environments.

โ€œUnderstanding how shallow groundwater moves horizontally and vertically is our primary objective as it helps us answer several questions about its origin and evolution in the vast and harsh deserts. These are questions that remain unanswered to this day,โ€ says Heggy, a research scientist at USC who specializes in radar remote sensing of deserts and the lead author of the paper outlining the technology in IEEE-Geoscience Remote Sensing magazine.

How it works:
The technique uses low-frequency radar to probe the ground. The radar sends a series of pulsed waves into the ground, which are reflected when interacting with the water-saturated layer. From the reflected signal, and using an array of advanced antennas combined with computational techniques, the water table can be mapped with relatively high vertical and spatial resolution.

Water shortages are expanding across the Earth. This is particularly acute in desert areas of the Middle East that are subject to both drought and extreme conditions such as flooding. As a result of these uncertainties, there is an increasing reliance on shallow aquifers to mitigate these shortages. However, the characteristics of these aquifers remain poorly understood due to the reliance on sporadic well logs for their management.

To address this challenge a team of researchers at the USC Viterbi School of Engineering Ming Hsieh Department of Electrical and Computer Engineering along with collaborators at Metric Systems Corporation, Caltech, Institute of Flight System Dynamics at the Technical University of Munich, the Department of Electrical Engineering at Qatar University, the Qatar Environment and Energy Research Institute at Hamad Bin Khalifa University, Bin Omran Trading & Telecommunications, the Earth and Life Institute at Catholic University of Louvain, the Department of Civil and Environmental Engineering at University of Hawaiโ€™i at Manoa, and The Aerospace Corporation, developed a new prototype for what the team is calling an  โ€œAirborne Sounding Radar for Desert Subsurface Exploration of Aquifers,โ€ nicknamed โ€œDesert-SEA.โ€ The new technique will map the top of the aquifer, called the โ€œwater table,โ€ spanning areas as large as hundreds of kilometers using a radar mounted on a high-altitude aircraft. According to the researchers, Desert-SEA will measure, for the first time, the variabilities in the depth of the water table on a large scale, allowing water scientists to assess the sustainability of these aquifers without the limitations associated with in-situ mapping in harsh and inaccessible environments.

โ€œUnderstanding how shallow groundwater moves horizontally and vertically is our primary objective as it helps us answer several questions about its origin and evolution in the vast and harsh deserts. These are questions that remain unanswered to this day,โ€ says Heggy, a research scientist at USC who specializes in radar remote sensing of deserts and the lead author of the paper outlining the technology in IEEE-Geoscience Remote Sensing magazine.

How it works:
The technique uses low-frequency radar to probe the ground. The radar sends a series of pulsed waves into the ground, which are reflected when interacting with the water-saturated layer. From the reflected signal, and using an array of advanced antennas combined with computational techniques, the water table can be mapped with relatively high vertical and spatial resolution.

When imaged, a stable water table usually appears as flat reflector as the amounts of water withdrawn and the amount of water that enters the system (its โ€œrechargeโ€) are nearly equal. However, if there is any imbalance, this will be reflected in the resulting image showing an upward or downward deflection in shape of the water table.

A similar technique is widely used for probing ice in the Antarctic and planetary bodies; however, adapting it to sense shallow aquifers in the deserts required resolving several challenges in the radar design that took three years of hard work with industry partners in Carlsbad, CA, to resolve it.

โ€œIn particular, we had to resolve the blind zone near the surface. The highly radar-attenuating ground, unquantified sources of noise, and complex clutter can mask the detection of shallow aquifers. Our systemโ€™s probing and surveying capabilities surpass those of commercial ground penetrating radars, whether surface or drone-mounted. Our system transmits stronger signals, has more sensitive receivers, and operates faster by several orders of magnitude,โ€ says Heggy.

Current shallow groundwater maps in several parts of arid deserts, such as the Sahara, rely on data from wells that are tens, hundreds, and sometimes even thousands of miles apart, which could lead to inaccurate estimates of their volume and dynamics. Heggy suggests that this would be like finding out data about groundwater in the entire United States solely by looking at data from a well in New Jersey. (The desert area of North Africa and the Arabian Peninsula is twice the size of the continental United States). Thus, well logs alone cannot give a proper assessment of their rapid evolution, cautions Heggy.

According to the researchers, Desert-SEAโ€™s capability to transmit high-power signals and use advanced onboard processing can fill the gaps in the data presented by well logsโ€™ geographical distribution.

With this new prototype, Heggy predicts that even with a small airplane flying at two hundred miles per hour, the team could  cover in an hour what researchers would normally cover in a year from well log data.

Co-author Bill Brown was the lead engineer on the project. Brown says, โ€œThe Desert Sea Radar represents a significant advancement in airborne sensing and environmental engineering. By integrating high-frequency radar with AI technologies, it can generate real-time, three-dimensional mappings of subterranean water sources. This capability is crucial for securing sustainable water management in arid regions.โ€

While this technology will be tested in the Middle East, it has wide application to other places that are subject to extended droughts, notably in central Asia and Australia, and even in US deserts.

This technology works best in very dry areas like sand and its particular importance goes beyond understanding the current water supply. It can also be deployed for repeated assessments to understand sustainability for agriculture and, consequently, for ensuring food security for inhabitants of these extreme environments.

โ€œHaving the ability to peer more than 100 feet deep through dry sand, across vast deserts and in record time, is going to allow us to answer fundamental questions about the ebb and flow of groundwater in these regions and how we can use it in a more sustainable way,โ€ said Elizabeth Palmer, a Fulbright Fellow working on the project.

โ€œI am always glad to participate in airborne research missions. However, because the Desert-SEA mission will have a humanitarian impact on relieving water stress, it gives me unique feelings of motivation and pride,โ€ Akram Amin Abdellatif, a researcher at the Technical University of Munich (TUM) noted.โ€

The next step for the research team is to take this designed prototype and build a flight model to be implemented on helicopters and fixed-wing aircraft.

2024 #COleg: #Colorado lawmakers passed 10 new water measures this year. These are the biggest ones — Fresh Water News

Colorado state capitol building. Photo credit: Allen Best/The Mountain Town News

Click the link to read the article on the Water Education Colorado website (Larry Morandi and Jerd Smith):

May 16, 2024

Colorado lawmakers gave the thumbs-up to 10 water measures this year that will bring millions of dollars in new funding to help protect streams, bring oversight to construction activities in wetlands and rivers, make commercial rainwater harvesting easier, and support efforts to restore the clarity of Grand Lake.

Money for water conservation, planning and projects was a big winner, with some $50 million approved, including $20 million to purchase the Shoshone water rights on the Colorado River.

Sen. Dylan Roberts, D-Frisco, chair of the Senate Agriculture and Natural Resources Committee, expressed gratitude for the legislatureโ€™s focus on water issues and for funding the Shoshone purchase. โ€œThis continues to show the stateโ€™s financial investment in our water future,โ€ he said, โ€œand weโ€™ll now ask voters to retain even more money from sports betting to continue that funding commitment.โ€

Roberts was referring to a ballot initiative that will ask voters in November to allow the state to hold onto more of the tax revenue generated by sports betting.

Another major law created a new permitting program to protect wetlands and streams from construction, road building and development activities. Those federal regulations were wiped out last year by the U.S. Supreme Court in its Sackett v. EPA decision. Two competing measures were initially introduced, but lawmakers joined forces toward the end of the session to arrive at a bipartisan consensus.

In another action, lawmakers approved a narrow change to storm water storage rules that will allow an innovative commercial rain-water harvesting pilot program in Douglas Countyโ€™s Sterling Ranch development to proceed.

โ€œDominion is excited to continue to advance the only regional rainwater harvesting project in the state, which now can be completed in a cost effective and timely manner with the unanimous support of the Colorado Legislature and the governor,โ€ said Andrea Cole, general manager of Dominion Water and Sanitation, which is conducting the pilot program and which serves Sterling Ranch.

And lawmakers also approved two high-profile resolutions, one supporting efforts to restore clarity in the stateโ€™s Grand Lake, and a second resolution urging Congress to provide funding to help repair aging water systems serving tribal communities and others in southwestern Colorado. A third identifies projects eligible for funding through the Colorado Water and Power Development Authority. Resolutions, unlike laws, donโ€™t usually come with money and have little legal weight.

Hereโ€™s a look at the most significant measures that passed.

House Bill 1435 โ€” Colorado Water Conservation Board projects

This is an annual bill that provides grants and loans to projects requested by the Colorado Water Conservation Board. None of the money is from the stateโ€™s general fund; it includes interest earned from CWCB loans, severance taxes and sports betting revenue. The largest amounts this year are for two CWCB loans: up to $155.65 million for the Windy Gap Firming Project, and up to $101 million for the Northern Integrated Supply Project. The balance is for grants that include:

  • $23.3 million to help implement the state water plan (all of it from sports betting revenue, up from $10 million last year)
  • $20 million to support the purchase of Shoshone power plant water rights by the Colorado River Water Conservation District
  • $4 million for drought planning and mitigation projects
  • $2 million for the turf replacement program.

House Bill 1379 โ€” Regulating dredge and fill activities in state waters

This bill grew out of the May 23, 2023 U.S. Supreme Court decision in Sackett v. U.S. Environmental Protection Agency, which narrowed the scope of waters protected under the federal Clean Water Act. It ruled that federal regulation of dredge and fill activities applies only to wetlands that have a โ€œcontinuous surface connectionโ€ to rivers and other permanent bodies of water where it would be difficult to determine where the river stopped and the wetland began, eliminating federal protection to large areas of wetlands and seasonal streams in Colorado.

House Bill 1379 requires the Water Quality Control Commission in the Colorado Department of Public Health and Environment to develop rules by Dec. 31, 2025, to implement a state program that is at least as protective as the guidelines developed under Section 404 of the Clean Water Act. It covers discharges to โ€œstate waters,โ€ which are defined as โ€œany and all surface and subsurface waters that are contained in or flow in or through the state, including wetlands.โ€ House Speaker Julie McCluskie, D-Dillon, said that by shifting from a โ€œgapโ€ program that covers only those waters left unprotected by Sackett to a โ€œstate watersโ€ approach โ€œwe ensure clarity and certainty.โ€

The bill exempts certain activities and excludes some waters from coverage. Activities not requiring a permit include normal farming, ranching and forestry operations, along with maintenance of currently serviceable structures and construction or maintenance of irrigation ditches. Excluded waters include those in ditches and canals, wetlands adjacent to ditches or canals that are supported by water in the ditch or canal, and artificially irrigated areas that would revert to upland if irrigation ceased. Rep. Karen McCormick, D-Longmont, said that โ€œcodifying in statute the exemptions rather than leaving it to rulemakingโ€ avoids some of the โ€œunpredictability that existed at the federal level.โ€

Senate Bill 148 โ€“ Rain water harvesting, storage

Allows, with proper authorization, those operating an approved rain water harvesting pilot project to store water in a detention facility.

Senate Bill 197 โ€” Water conservation

Senate Bill 197 contains provisions that were either recommendations or items discussed by the Colorado River Drought Task Force the General Assembly created last year. The bill allows the owner of a storage water right to loan water to the CWCB for stream sections where the CWCB does not hold an instream flow right. It permits the creation of agricultural water protection programs statewide instead of just in the South Platte, Republican and Arkansas river basins in eastern Colorado, and authorizes an irrigation water right holder to request a change in use to an agricultural protection water right that would allow the lease, loan or trade of up to 50% of the water.

The bill also allows electric utilities that plan to close coal-fired power plants in the Yampa River basin in northwestern Colorado from losing their water rights if they decrease or do not use the water for a specified period of time. Roberts said this would allow electric utilities โ€œto temporarily toll their water rights and protect them from abandonment while those companies explore alternative energy developmentโ€ to align with the stateโ€™s clean energy and greenhouse gas reduction goals.

The drought task force included a sub-task force to study tribal matters, which recommended a provision in the bill that requires the CWCB to reduce or waive any matching requirements for state water plan implementation grants awarded to the Ute Mountain Ute Tribe or the Southern Ute Indian Tribe.

House Bill  1436 โ€” Sports betting revenue

Sports betting revenue has been used to help fund implementation of the Colorado Water Plan since passage of Proposition DD by the electorate in 2019, which legalized sports betting and taxed its proceeds. The amount of revenue that can be used to support the state water plan was capped at $29 million, a figure that is likely to be exceeded this year. Rather than refund the excess money to casinos and licensed sport betting operators that paid the tax, House Bill 1436 refers a ballot measure to the voters in November asking them to remove the cap and allow the state to keep all revenue and use it to fund water conservation and protection projects.

The billโ€™s fiscal note projects that sports betting revenue will exceed $29 million this fiscal year by $2.8 million, by $5.2 million in fiscal year 2025, and by $7.2 million in fiscal year 2026 (the actual revenue is distributed the year following its collection and spent the year after). Rep. Marc Catlin, R-Montrose, noted that sports betting revenue has exceeded expectations, and if the voters approve, โ€œthis seems to be the easiest way to fund these kinds of projects (because) you donโ€™t have to go and ask for property tax revenue or for tax money out of the state general fund.โ€

Senate Bill 5 โ€” Prohibiting certain landscaping practices to conserve water

Faced with climate change and increasing water demand, Senate Bill 5 is designed to reduce water used for landscaping in new development projects. It prohibits local governments from allowing the installation of nonfunctional turf โ€” grass that is not used primarily for recreational purposes โ€” in commercial, institutional, industrial or common interest community property, street rights-of-way, parking lots, medians or transportation corridors after Jan. 1, 2026. It does not apply to residential property or to turf that is part of a water quality treatment program, native grasses or artificial turf on athletic fields. The bill also prohibits the Department of Personnel from installing the same types of turf in any new state facility construction project after Jan. 1, 2025.

Roberts noted that irrigating nonfunctional turf โ€œis responsible for what is believed to be up to 50% of municipal water use,โ€ and pointed out that Senate Bill 5 builds on legislation passed two years ago that provides funding for a turf replacement program.

Senate Bill 37 โ€” Green infrastructure to improve water quality

Senate Bill 37 calls for a study of how โ€œgreen infrastructureโ€ might replace traditional concrete and steel wastewater treatment plants in managing water quality. Green infrastructure, according to bill writers,  is โ€œa strategically planned, managed, and interconnected network of green spaces, such as conserved natural areas and features, public and private conservation lands, and private working lands with conservation value.โ€ It can improve water quality by reducing stormwater runoff as pollutants are absorbed into soils and filtered before entering waterways, and lessen the need for expensive wastewater treatment plants, also known as gray infrastructure.

The bill requires the University of Colorado and Colorado State University โ€” in collaboration with CDPHE โ€” to conduct a feasibility study of how green infrastructure can be used as an alternative to gray infrastructure in complying with water quality regulations, and the types of new funding mechanisms that might support it. The universities, with CDPHEโ€™s approval, may conduct up to three pilot projects to test their findings. CDPHE and the universities must complete the study by April 1, 2026, and submit a report summarizing its findings and any recommendations to the General Assemblyโ€™s Water Resources and Agriculture Review Committee no later than Nov. 1, 2026.

Sen. Cleave Simpson, R-Alamosa, noted the cost-effectiveness of green infrastructure, especially in rural communities like those in his district where โ€œto invest tens of millions of dollars in a new wastewater treatment plant to serve small numbers of people is just problematic.โ€ He views Senate Bill 37 as offering โ€œa different path forward where you can get the same outcomes but with more natural investments.โ€

More by Larry Morandi and Jerd Smith

Global temperature is now near its peak due to El Nino + aerosol decrease — @DrJamesEHansen #ActOnClimate #KeepItInTheGround

How far will it fall in the coming La Nina? If El Nino/La Nina average is ~1.5C, given Earthโ€™s energy imbalance, we are now passing thru 1.5C, for practical purposes. See MayRpt – https://mailchi.mp/caa/comments-on-global-warming-acceleration-sulfur-emissions-observations

Ramping up to peak severe thunderstorm and tornado season in #Colorado — @ColoradoClimate Center

Click the link to read the blog post on the Colorado Climate Center website (Russ Schumacher):

May 16, 2024

The midwest and south have been very active with severe weather lately, but itโ€™s been relatively quiet here in Colorado so far. But weโ€™ve reached the middle of May, which is the time of year when the threat for severe thunderstorms and tornadoes in Colorado rises rapidly. In this blog post, weโ€™ll walk through some of the interesting aspects of Coloradoโ€™s severe weather climatology, and what history shows about what we could expect in the coming months. (If you like to explore data on your own, you can jump right over to theย set of severe weather maps and graphs on our website.)

Where does severe weather tend to happen in Colorado?

First, letโ€™s look atย whereย severe weather happens in Colorado. (Below is a static map, but do check out the interactive map on the website where you can zoom in, select specific hazard types, etc.) The first thing you likely notice from this map is that severe storms happen a lot more frequently in eastern Colorado than on the western slope. This probably isnโ€™t a huge surprise. There are four ingredients required to get severe thunderstorms: moisture and instability in the atmosphere, a mechanism to lift the air, and vertical wind shear (the change in wind speed and/or direction as you go up in height). Those ingredients are in place a lot more often in eastern Colorado than to the west โ€” especially the moisture and instability. Itโ€™s tough to get enough moisture for really intense thunderstorms up in the high country.

Map showing reports of tornado (red), severe hail (green), and severe thunderstorm wind gusts (blue) in Colorado from 1955-2022. Visit the interactive version at:ย https://climate.colostate.edu/severe_storms.html

Now, if you look even closer at the map of reports, you might notice some other interesting patterns. For example, in southeast Colorado, can you pick out Highway 50? Your eye might also be drawn to clusters along the Front Range urban corridor, or even other roads. Thereโ€™s not any reason to believe that hail falls more frequently on highways than in open fields: instead, this demonstrates that the primary source of severe weather data is reports made by people, so there are more reports where people tend to be! (More of them in cities and on roadways, fewer in rural areas away from towns and major roads.)

When does severe weather tend to happen in Colorado?

Next, we can take a look at when during the year that severe weather reports tend to happen. The black lines in these graphs show a smoothed version of the average number of reports per day. For tornadoes, the frequency ramps up through May and reaches a peak in early June, with a slow decline through the summer and into the fall. The graph for severe hail looks similar, but shifted a little later: the peak is in mid-June. The graph for severe wind reports looks a little strange, though, with a big spike on a particular day. That spike comes from theย unusual derecho that swept across the country on June 6, 2020. Just in Colorado, there were 137 reports of severe thunderstorm winds (58 mph or stronger) and 36 reports of winds exceeding 75 mph on that one day, far more than any other day in Colorado records.1ย That single storm system was able to alter what the severe weather climatology looks like in Colorado!

Distribution of the average number of tornado, hail, and wind reports in Colorado across the year. Visit the interactive version at: https://climate.colostate.edu/svr_reports_dist.html

Another way to look at the data, which smooths out the effect of individual rare events, is โ€œsevere weather daysโ€: the number of days that had one or more report of a particular hazard. The tornado and hail graphs look pretty similar to the ones above, but now the wind graph is better behaved. It shows that severe thunderstorm wind gusts are more frequent later in the summer, with a peak in early to mid-July. (An important note is that this only considers wind gusts produced by thunderstorms. Other types of intense wind tend to happen in theย winter and spring.)

Distribution of the average number of days per year with tornado, hail, and wind reports in Colorado across the year. Visit the interactive version at: https://climate.colostate.edu/svr_days_dist.html

2023 was a very active year

Weโ€™re still awaiting the final compilation of data from NOAA for 2023, but we know that it was one of the most active years for Colorado severe weather in recent times. You might remember the Red Rocks hailstorm, the historic number of tornadoes in northeast Colorado on June 21, the unusual late-night hailstorm on June 28, or the Yuma County tornado on August 8 that was rated EF-3. Later in the evening of August 8, a new state record hailstone, 5.25 inches in diameter, was collected in Yuma County by a storm chaser.

Especially when it comes to hail, 2023 was a year for the record books, with the largest number of reports on record across every size category. (Keep in mind, though, that hailstorms have not been consistently recorded over time, and population has grown, so itโ€™s tough to look at trends of hail reports over the long term. The 2023 data are also still awaiting final confirmation.)

How to get severe weather warnings; how to submit reports

If severe weather is in the forecast, itโ€™s important to have more than one way to get warnings from the National Weather Service. Make sure that Wireless Emergency Alerts (WEA) are active on your phone. Get a NOAA Weather Radio, especially for times when you might be outside of cell service, like when camping. Follow your local broadcast meteorologists and your local National Weather Service office. Think about the safe place where you, your family, and your pets can go if a warning is issued.

If severe weather happens to occur in your area, you can also help by reporting what happened to the National Weather Service. They accept reports over social media, or if youโ€™re especially dedicated you can get trained to be a Skywarn spotter, submit reports on your phone using mPING, or join the Community Collaborative Rain, Hail, and Snow (CoCoRaHS) network where you can submit detailed information about hail, heavy rain, and other hazardous weather. All of these reports are useful both for knowing what is happening while storms are ongoing, and for researchers to understand how to make better forecasts and warnings in the future.

In future posts, weโ€™ll take a deeper dive into some of the most unusual and highest-impact storms that have occurred in Colorado in its history, and other interesting aspects of the severe weather climatology.

Further reading

For further reading, check out this paper by former CSU PhD student Sam Childs:
Childs, S. J., and R. S. Schumacher, 2019: An Updated Severe Hail and Tornado Climatology for Eastern Colorado.ย J. Appl. Meteor. Climatol.,ย 58, 2273โ€“2293,ย https://doi.org/10.1175/JAMC-D-19-0098.1.

  1. The previous highest number of thunderstorm wind reports on a day was 30 severe reports (58+ mph), and 7 โ€œsignificantโ€ (75+mph) severe reports.ย โ†ฉ๏ธŽ
Last night’s storm (July 30, 2021) was epic — Ranger Tiffany (@RangerTMcCauley) via her Twitter feed.

Feds to end coal leasing in #PowderRiver Basin, nationโ€™s largest source of coal: The U.S. Bureau of Land Managementโ€™s decision to end future #coal leasing in the region is likely to be challenged — @WyoFile #ActOnClimate #KeepItInTheGround

Arch Resources’ Black Thunder mine in the Powder River Basin. (Alan Nash)

Click the link to read the article on the WyoFile website (Dustin Bleizeffer):

May 16, 2024

In a historic move, the U.S. Bureau of Land Management has proposed ending federal coal leasing in the Powder River Basin. The region, which extends from northeast Wyoming to southern Montana, is the nationโ€™s largest coal supplier, and for 50 years a pillar of Wyomingโ€™s economy.

The federal agency on Thursday issued its final supplemental environmental impact statement and proposed amendment to its Buffalo Field Office land use plan, selecting a โ€œno future coal leasing alternative.โ€ Mining companies can still develop their existing federal coal leases, which would allow for the regionโ€™s current rate of production to continue through 2041, according to the agencyโ€™s estimates.

The BLM was required by court order to rework its land use plan updates for the Buffalo, Wyoming and Miles City, Montana field offices after local conservation groups successfully argued it had not fully considered environmental, climate and human health impacts resulting from further coal leasing in the region. The agencyโ€™s action this week opens a 30-day โ€œprotestโ€ period, and a final order is due later this year.

To submit a written protest, visit the BLMโ€™s Filing a Plan Protest page for instructions. Protests must be submitted by June 17.

Though the Powder River Basin coal industry has been in decline since 2008, the BLMโ€™s decision โ€” even if it is defeated by legal challenges โ€” sends a strong signal to the industry, as well as Wyoming and Montana leaders, that mining in the region will come to an end, said Shannon Anderson, attorney for the Sheridan-based landowner advocacy group Powder River Basin Resource Council.

โ€œThis recognizes the reality of where things are headed and provides us certainty,โ€ Anderson told WyoFile. โ€œIt also provides the opportunity to responsibly close these mines to ensure reclamation gets done.โ€

Coal trucks prepare to dump their payload at Arch Resourcesโ€™ Black Thunder coal mine in northeast Wyoming. (Dustin Bleizeffer/WyoFile)

Wyomingโ€™s congressional delegates blasted the decision.

โ€œThis will kill jobs and could cost Wyoming hundreds of millions of dollars used to pay for public schools, roads, and other essential services in our communities,โ€ Sen. John Barrasso, a Republican and vocal industry advocate, said in a statement. โ€œCutting off access to our strongest resources surrenders Americaโ€™s greatest economic advantages โ€” to continue producing affordable, abundant, and reliable American energy.โ€

Retired Powder River Basin coal miner Lynne Huskinson, also a member of the Powder River Basin Resource Council and Western Organization of Resource Councils that challenged the BLM, applauded the agencyโ€™s decision.

โ€œAs someone who lives near some of the largest coal mines in the nation, Iโ€™m thankful for the leadership from the BLM in finally addressing the long-standing negative impacts that federal coal leasing has had on the Powder River Basin,โ€ Huskinson said in a statement. โ€œFor decades, mining has affected public health, our local land, air, and water, and the global climate. We look forward to BLM working with state and local partners to ensure a just economic transition for the Powder River Basin as we move toward a clean energy future.โ€

Wyoming coal production โ€” primarily in the Powder River Basin โ€” recently fell 20% with forecasts for lower-than-average demand for the rest of the year.

Despite declining demand, Wyoming Mining Association Executive Director Travis Deti believes cutting off coal leases will bring dire consequences. โ€œIn a time of deteriorating grid reliability and soaring electricity demand, make no mistake about it โ€” the lights are going out,โ€ Deti said in a prepared statement.

Gordon promises to sue

The BLMโ€™s coal leasing decision is the latest in a series of federal rules aimed at drastically reducing greenhouse gas and other pollutants from fossil fuels, earning accolades from environmental groups and ire from states dependent on coal, oil and natural gas production.

The actions hit particularly hard in Wyoming where the BLM manages 18 million surface acres and about 43 million acres of subsurface minerals, including the vast majority of coal in the Powder River Basin.

  • The agency recently released a draft managementย planย for sage grouse habitat that couldย further restrict oil and gas development.ย 
  • The BLM in March announced its โ€œfinal Methane Waste Ruleโ€ requiring oil and gas producers to curb greenhouse gas emissions from operations on federal and tribal lands โ€” designations that describe 70% of Wyomingโ€™s mineral acreage.
  • The agency is finalizingย another ruleย to put conservation on par with the โ€œmultiple-useโ€ doctrine guiding federal lands โ€” another threat to Wyomingโ€™s oil and gas industry, according to opponents.
  • The U.S. Environmental Protection Agency in April issuedย four โ€œfinalโ€ rules aimed at drastically cutting coal pollution, including aย mandateย that existing coal-fired power plants cut or capture 90% of their planet-warming carbon dioxide emissions by 2032 or convert to natural gas or close altogether.

The culmination of Biden administration actions, according to Gov. Mark Gordon, appears to be a deliberate attack on fossil fuel jobs and the economies of energy-producing states.

Gov. Mark Gordon spoke with Advance Casper members Feb. 13 2024 in Casper. (Dustin Bleizeffer/WyoFile)

โ€œWith this latest barrage in President Joe Bidenโ€™s ongoing attack on Wyomingโ€™s coal country and all who depend upon it, he has demonstrated his lack of regard for the environment, for working people, and for reliable, dispatchable energy,โ€ Gordon said in a statement. โ€œThis decision [to end coal leasing], compounded by the recent EPA rules, ensures President Bidenโ€™s legacy will be about blackouts and energy poverty for Wyomingโ€™s citizens and beyond.โ€

Gordon promised to โ€œfully utilize the opportunities available to kill or modify this Record of Decision before it is signed and final.โ€

Praise for federal environmental actions

Environmental groups say the bold federal actions to curb planet-warming greenhouse gas emissions are long overdue.

โ€œThe only way to address the climate crisis is to transition to a renewable energy economy, and Americaโ€™s public lands are at the center of that transition,โ€ Center for Western Priorities Deputy Director Aaron Weiss said in a statement. โ€œWeโ€™re thankful to Interior Secretary Deb Haaland, BLM Director Tracy Stone-Manning, and all of the hard-working scientists and land managers who prepared these [Powder River Basin coal leasing] management plans.โ€

The main operations of the North Antelope Rochelle coal mine, as captured by satellite image. (Google Earth)

Conservation groups have also noted that the pollution reduction rules are accompanied by unprecedented spending via the Inflation Reduction and Infrastructure Investment and Jobs acts, injecting billions of dollars into communities throughout the nation, including funds that are specifically targeted to help energy communities transition away from fossil fuels.

Though many Wyoming communities are eager to take advantage of the federal dollars, theyโ€™ve struggled to muster the professional resources necessary to compete for them, while Gordon has rejected some of the federal programs.

Though coal has long powered the nation, markets are already adapting to cleaner forms of energy that will allow the nation to move beyond the greenhouse gas-emitting fuel, according to the Western Organization of Resource Councilsโ€™ Board Chair Paula Antoine.

โ€œBLMโ€™s announcement recognizes that coalโ€™s era is ending,โ€ Antoine said in a statement, โ€œand itโ€™s time to focus on supporting our communities through the transition away from coal, investing in workers, and moving to heal our lands, waters and climate as we enter a bright clean energy future.โ€

Coal

The West remains cattle country: Livestock has indelibly altered the regionโ€™s land, water and air — Jonathan P. Thompson (@HighCountryNews)

Click the link to read the article on the High Country News website (Jonathan P. Thompson):

May 1, 2024

In the mid-to-late 1800s, well-financed livestock operations drove tens of thousands of cattle onto the โ€œpublic domainโ€ โ€” i.e., onto the lands stolen from Indigenous people in the Interior West, where the grass grew as high as a ponyโ€™s belly and appeared to be free for the taking. The livestock industry, along with mining, soon dominated the regionโ€™s colonial-settler culture, economy and politics.ย 

By the end of the century, however, the big cattle drives were becoming a thing of the past. In the ensuing decades, ranches gave way to energy fields and suburban sprawl, and the industryโ€™s economic power faded. And yet, the West is still Cattle Country: The cowboy myth endures, fueling tourism. Ranching wields an outsized influence over state and federal politics. And the cattle themselves are still here, millions of them, squeezed into massive feedlots, scattered across public lands and pumping out milk in industrial-scale dairies. 

More of the regionโ€™s irrigation water and farmland goes to alfalfa and other livestock feed than to any other crop. Cows are walking, cud-chewing methane dispensers, creating massive โ€œhotspotsโ€ of greenhouse gas above overcrowded feedlots. And they continue to roam the Westโ€™s public lands, decimating grasslands, facilitating the spread of noxious weeds, destroying cryptobiotic crusts, trampling riparian areas and fouling desert streams.

In 1965, Arizona researchers found that cattle grazing in the Sonoran Desert had caused a โ€œshift in the regional vegetation of an order so striking that it might be better associated with the oscillations of Pleistocene time than with the โ€˜stableโ€™ present.โ€ The landscape has been so altered by livestock that we can barely imagine what it looked like before the herds arrived. Forget the Anthropocene; the West is still stuck in the Beefocene.

34
The GWP drops to about this amount once in the atmosphere over a 100-year interval, after methane slowly breaks down into carbon dioxide and water.

86
Global warming potential (GWP) of methane over a 20-year interval, meaning it is 86 times more potent than carbon dioxide in the near term.

A single cow-calf pair emits 233 pounds of methane annually.

31.3 million acres
Minimum amount of land in the Western U.S. dominated by cheatgrass, a noxious, fire-prone weed spread by grazing, as of 2000.

123.5 million
Tons of carbon lost to the atmosphere as of 2000 due to the conversion of native rangelands to cheatgrass in the Wyoming big sagebrush biome.

$1.35 
Grazing fee per AUM on BLM land in 2024 and the previous several years, meaning thatโ€™s how much it costs a rancher to keep one cow and calf on public land for a month, during which theyโ€™ll consume 600-to-1,000 pounds of forage. This is the minimum amount Congress allows the BLM to charge.

$8-$12
Administrative cost per AUM to manage livestock on public lands.

$5.498 million 
Amount that industry, including livestock lobbying groups, donated to Frank Mitloehner, a UC Davis animal science professor who downplays cattleโ€™s contribution to climate change.

$36 
Social cost of greenhouse gas โ€”the estimated cost of damage done to the climate โ€” for one AUM on Western public lands.

$105.9 million 
Amount budgeted to the Interior Department for rangeland management in 2020, meaning taxpayers are subsidizing grazing operations to the tune of $90 million per year.

650,000-2 million
Gallons of water needed annually to irrigate an acre of alfalfa, depending on location and climate.

$2.5 billionย 
Total amount of federal conservation, disaster, commodity and crop insurance subsidies paid to ranchers and farmers in the 11 Western states between 1995 and 2020.ย 

SOURCES: U.S. Department of Agriculture, Bureau of Land Management, Bureau of Reclamation, Environmental Working Group, Environmental Protection Agency; โ€œWater Scarcity and Fish Imperilment Driven by Beef Production,โ€ by Brian Richter, et al.; โ€œThe animal agriculture industry, US universities, and the obstruction of climate understanding and policy,โ€ by Viveca Morris and Jennifer Jacquet; โ€œLivestock Use on Public Lands in the Western USA Exacerbates Climate Change: Implications for Climate Change Mitigation and Adaptation,โ€ by J. Boone Kauffman, et al.

Data visualization by Jennifer Di-Majo/High Country News

Trans-basin Diversion that Established Western Water Law Making History — St. Vrain and Lefthand Water Conservancy District #StVrainRiver #SouthPlatteRiver

Coffin v. Lefthand Ditch case document L. Lefthand Ditch headgate R. Credit: The Ditch Project

Here’s the release from the St. Vrain and Lefthand Water Conservancy District:

May 8, 2024

LONGMONT, COLO โ€“ A St. Vrain trans-basin diversion, which has been a cornerstone of Colorado’s water rights history for over 140 years while simultaneously drawing environmental concern because of impacts to the South St. Vrain Creek, is making history again.

The South St. Vrain Diversion was at the center of the controversial 1882 Colorado Supreme Court water rights case Coffin v. Left Hand Ditch Company that set the precedent for water rights across the western United States for establishing the โ€œfirst in time, first in rightโ€ doctrine. Now the diversion structure is the first in the St. Vrain basin to employ remote operations of the diversion.

Coffin vs. Left Hand Ditch location map via the Left Hand Watershed Center

A collaboration between the Left Hand Ditch Company, the Left Hand Water District and the St. Vrain and Left Hand Water Conservancy District authorized the installation of new technology last year that directs more precise stream flows and provides better monitoring and metering.

The ability to operate this diversion remotely through a mobile phone app enables rejuvenating flows into South St. Vrain Creek. The upcoming summer months may be among the first to see water flow down South St. Vrain Creek for the first time in over a century. Previously, operating this diversion required a three-hour drive from Niwot to above the Peak-to-Peak Highway when the mountain access point was accessible and then required manual operation of a century-old diversion wheel. In winter, the only option of reaching the diversion was often via snowshoes. The new diversion operations equipment is charged by solar and controlled by cellular data. Flows as low as 5 cubic feet per second (CFS) can make a big difference to the health of the stream.

The collaborative project came about when the Left Hand Ditch Company sought expertise and funding from the St. Vrain and Left Hand Water Conservancy District to implement the infrastructural advancements. Because it derives water supply from Left Hand Creek below the diversion and because it shares a similar interest in the health and the integrity of the watershed, the Left Hand Water District provided additional funding for a total of $24,000. This initiative signifies a shift in the relationship between historical water management practices and environmental values, which have sometimes been at odds. The project demonstrates Left Hand Ditch Companyโ€™s interest in enabling environmental flows and could set a precedent for collaborative conservation efforts in the future. As Terry Plummer, Superintendent of Left Hand Ditch Company, concluded, โ€œWeโ€™ve got to grow and change with the times.โ€

“The collaboration between the three entities represents trust, partnership, and environmental dedication,” said Sean Cronin, Executive Director at the St. Vrain and Left Hand Water Conservancy District. “This project underscores our unwavering commitment to preserving Colorado’s waterways while ensuring sustainable agricultural practices.”

โ€œAs the primary water manager on Left Hand Creek, we use this water and want to contribute to its success,โ€ said Christopher Smith, General Manager of Left Hand Water District.

For media inquiries, interviews, or further information, please contact Jenny McCarty at 303.772.4060 or jenny.mccarty@slvh.gov.

About the St. Vrain and Left Hand Water Conservancy District

The St. Vrain and Left Hand Water Conservancy District (โ€œDistrictโ€ and โ€œSVLHWCDโ€), created in 1971, is your trusted local government working to safeguard water resources for all. The Districtโ€™s work is founded in the Water Plan five pillars: protect water quality and drinking water sources, safeguard and conserve water supplies, grow local food, store water for dry years, and maintain healthy rivers and creeks. Aligned with the Water Plan, the District is pleased to promote local partner water protection and management strategies through the Partner Funding Program.

As a local government, non-profit agency formed at the request of our community under state laws, the District serves Longmont and the surrounding land area or basin that drains into both the St. Vrain and Left Hand Creeks. Learn more at http://www.svlh.gov.

About the Left Hand Ditch Company

The Left Hand Ditch Company, based in Niwot, CO, was established in 1866 to irrigate 30K acres of land along Left Hand Creek. It is a unique ditch company in the west for many reasons, the first of which being that several individual ditches gave up their individual operations to come together and form the single ditch company to manage the entire Left Hand Creek system most efficiently.

Today, the Left Hand Ditch Companyโ€™s mission to manage and deliver water for all of its shareholders effectively is as strong as ever, and the Left Hand Ditch Company embraces new technology, like remote operation at the South St. Vrain Diversion, to accomplish this mission in modern times. Learn more at http://www.lefthandditchcompany.com.

About the Left Hand Water District

Left Hand Water District is a quasi-municipal corporation and a political subdivision of the State of Colorado, governed by Colorado Revised Statutes Title 32 Special Districts. The District has served customers in unincorporated areas of Boulder and Weld Counties since the early 1960โ€™s. The Left Hand Water Districtโ€™s service area is generally bounded by the City of Longmont on the north, the Cities of Boulder, Lafayette, and Erie on the south, I-25 on the east and the foothills on the west. Learn more at http://www.lefthandwater.gov.

Boulder Creek/St. Vrain River watershed. Map credit: Keep It Clean Partnership

The latest seasonal outlooks through August 31, 2024 are hot off the presses from the #Climate Prediction Center

#Drought news May 16, 2024: #Kansas, #Colorado and #Wyoming saw improvements where measurable precipitation fell. Degradations occurred in western Kansas and eastern Wyoming

Click a thumbnail graphic to view a gallery of drought data from the US Drought Monitor website.

Click the link to go to the US Drought Monitor website. Here’s an excerpt:

This Week’s Drought Summary

Heavy precipitation fell across the Rocky Mountains of Montana, Wyoming and Colorado, as well as a large part of the South and southern Midwest. This brought widespread improvements to much of the South and Midwest, with scattered or widespread improvements in the Great Plains and Midwest. Heavy precipitation falling over the Southeast brought improvements from central Alabama into the southern Appalachian Mountains, as well as the area surrounding the convergence of the Ohio, Mississippi, and Tennessee rivers. A small area of the Mid-Atlantic region missed out on much of the precipitation, leading to minor degradations. Very dry weather for the past few months led to increased fire danger in parts of the Florida Peninsula, and short-term moderate drought and abnormal dryness expanded in coverage. Texas saw isolated degradations in the panhandle and south โ€“ where record breaking temperatures converged with the lack of precipitation. The High Plains were a mixture of light to moderate precipitation, which greatly influenced where improvements or degradations were made. Kansas, Colorado and Wyoming saw improvements where measurable precipitation fell. Degradations occurred in western Kansas and eastern Wyoming, where trace amounts of precipitation fell. Montana saw heavy precipitation, which improved conditions across much of the state. Isolated storms in western Oregon and Washington brought widespread improvements in Oregon, which continued into southwestern Washington. Central Washington, meanwhile, missed out on the precipitation and saw further expansion of abnormal dryness…

High Plains

The High Plains was a mixed bag of light to moderate precipitation, as well as improvements and degradations. Wyoming and Colorado saw improvements and degradations closely aligning with areas of moderate and light precipitation respectively. Northern and central Wyoming saw improvements, which were a continuation of improvements made in Montana and South Dakota. However, degradations occurred in areas that received trace amounts of precipitation along the eastern and southeastern part of these states into northern Colorado. Northeastern Colorado also saw a slight introduction of abnormally dry (D0) conditions as overflow from adjoining area of western Nebraska, where precipitation was low. Slight improvements occurred in south and northeast areas of Kansas that received precipitation. Elsewhere, conditions in central and western Kansas continued to degrade as streamflows, soil moisture, and groundwater continued to deteriorate. Southeast Nebraska saw slight improvements from continuous moisture over the past few weeks…

Colorado Drought Monitor one week change map ending May 14, 2024.

West

Temperatures across the northern and Pacific coast of the West saw temperatures of 2 to 6 degrees above normal. Areas in northern California, northwest Oregon, south and central Washington and northeastern Montana experienced temperatures 6 to 8 degrees above normal. Little to no measurable precipitation fell over much of the West, except for Montana where 1 to 3 inches of precipitation fell. Conditions improved through most of central and western Montana with slivers of improvement in the parts where the short-term dryness from the weeks past have shown improvement. There were some isolated areas in western and southern Montana that saw degradations. Oregon saw widespread improvements in part due to the isolated precipitation and improved streamflow and soil moisture. These conditions were also seen in southern Washington where improvements were made. Central Washington, however, missed out on any meaningful precipitation and saw temperatures of 4 to 8 degrees above normal, leading to abnormal dryness (D0) expansion…

South

The South saw a mixture of improvements in the north and degradation in the western and southern parts of the region. Western Texas, central Arkansas and northern Mississippi saw trace amounts of precipitation, while central and eastern Texas, Louisiana, and central and southern Mississippi saw between 2 to 5 inches of precipitation. Precipitation helped alleviate conditions in northern, western and southern Oklahoma. Following the precipitation, further improvements occurred across northern Arkansas and western and eastern Tennessee.

The Texas panhandle and southern parts of Texas saw expansion of existing abnormal dryness โ€“ and a small sliver of moderate drought (D1) in far south Texas โ€“ with a lack of measurable precipitation and above-normal temperatures. Southern Texas saw temperatures of 6 to 8 degrees above normal with Brownsville (124ยฐF), Harlingen (125ยฐF), and McAllen (122ยฐF) breaking May temperature records of 115ยฐF (5/4/1999), 121ยฐF (5/26/1973), and 119ยฐF (5/13/1995) respectively. A small area around the Missouri Bootheel also saw moderate drought (D1) expansion…

Looking Ahead

Over the next five days (May 16-21), heavy precipitation of2 to 5 inches is expected to continue to fall in the far South from central Texas to western Georgia, with 1 to 2 inches of rain expected in surrounding areas into the southern Midwest and Mid-Atlantic coast. The rest of the central and eastern United States will see some light precipitation. Much of the West will miss out on this precipitation.

The National Weather Service Climate Prediction Centerโ€™s 6-10 day outlook heavily favors above-normal temperatures from New Mexico to Wisconsin, Maine, and down into Florida, with the greatest possibility being in southern Texas. The Southwest and High Plains are expected to be near normal temperature and everything to the west is likely going to be cooler than normal. Hawaii and northern Alaska are likely going to be warmer than normal, whereas parts central and western Alaska are leaning towards below-normal temperatures. For precipitation, much of the country is leaning towards above-normal precipitation. New Mexico and central and southern Texas are leaning toward below-normal precipitation, with the western and eastern coasts likely to be around normal. The Big Island of Hawaii is likely to see above-normal precipitation, along with central and northern Alaska. Southern Alaska is leaning toward below-normal precipitation.

US Drought Monitor one week change map ending May 14, 2024.

#Drought worsened in #Mexico and parts of the southern US during April, but eased in eastern #Canada and parts of the northern US and Southwest — @DroughtDenise

At the end of April, 38.82% of Canada was in #drought (D1-D4), 14.32% of the US, and 68.06% of Mexico was in drought.

Tribes could lease their water to dry states. Why is it so hard? — Grist #ColoradoRiver #COriver #aridification

From left: Amelia Flores, Colorado River Indian Tribes chairwoman, Secretary of the Interior Deb Haaland and Arizona Gov. Katie Hobbs approve the tribeโ€™s authority to lease, exchange or store its portion of Colorado River water. Credit: Noel Lyn Smith/Inside Climate News

This story was originally published by Grist. Sign up for Grist’s Weekly newsletter here.

May 15, 2024

The Colorado River Indian Tribes now have the ability to lease their water rights off-reservation, a move that could ease pressures on communities facing the effects of climate change through drought. The option may prove to be financially beneficial for the Colorado River Indian Tribes, also known as CRIT, but experts say the ability of the tribe to enter the water market is an outlier: For Indigenous Nations in the Southwest with a desire to sell their water, the process is so convoluted, it may take years before tribes, or non-tribal communities to see any financial benefit or much needed water.

This month, CRIT leadership, Interior Secretary Deb Haaland, and Arizona Governor Katie Hobbs signed a historic agreement on the banks of the Colorado River, allowing their water to be leased to off-reservation parties like government entities and corporations. โ€œThis is a significant event in the history of CRIT. These agreements clear the path for CRIT to be finally recognized as a central party in all future decisions regarding the Colorado River,โ€ Chairwoman Amelia Flores wrote in a press release.ย 

But it wasnโ€™t easy to get here. 

CRIT comprises four tribes: the Mohave, Chemehuevi, Hopi, and Navajo, who, in 1964, secured their water rights along the river โ€” 719,248 acre feet of water annually, making CRIT the largest water rights holders in the basin. Today, CRIT maintains a number of agricultural projects on about 80,000 acres of land, growing alfalfa, cotton, potatoes, and wheat. But much of the water infrastructure used to support those operations was built in the late 1800s and suffers from problems like unlined canals and deteriorating irrigation gates

Around 2018, CRIT became interested in leasing water to nearby communities as a way to make money and potentially conserve water, and in 2022, Congress passed the Colorado River Indian Tribes Water Resiliency Act, legislation that would allow CRIT to enter into water sharing agreements with the federal government and the state of Arizona. But this need for legislation is the central issue: Indigenous Nations are not allowed to lease or sell their lands or water without congressional approval due to the Indian Non-Intercourse Act passed in 1834. According to Daniel Cordalis, an attorney with the Native American Rights Fund, itโ€™s a law that has long outlasted its usefulness. 

โ€œTribes should be able to manage and derive benefit from all their water rights and be an active part of solving the Colorado Riverโ€™s water use puzzle,โ€ said Cordalis. โ€œAs it stands now, only a few tribes can participate in a truly meaningful way.โ€ Read Next: Tribes in the Colorado River Basin are fighting for their water. States wish they wouldnโ€™t.

Jessie Blaeser, Joseph Lee, & Anna V. Smith, High Country News

Another tribal community, the Gila River Indian Community, a few hours southwest of CRIT, has been able to lease water for decades. After securing their water rights in 2004, Gila River negotiated a settlement in exchange for federal funding for water infrastructure and access to water delivery systems to the tune of $850,000. Originally they asked for 2.1 million acre feet of water, but they received 653,500 acre feet. The state and Interior still have a say in what they are allowed to do with their water.

But again, these two tribes are the outliers โ€” most tribes still canโ€™t lease their water. In order to get on the water market, tribes have to figure out how much water is theirs, have their right to that water recognized by the federal government, petition Congress for permission to lease some of that water, then get state and federal officials to sit down and sign an agreement that allows that tribe to enter into additional agreements that must then be approved by those same state and federal officials.

Liliana Soto, the press secretary for Arizona Governor Katie Hobbs, she said that water agreements with tribes could lead to water conservation, shortage mitigation, and alternatives to groundwater use. 

โ€œThe stateโ€™s collaboration with CRIT has been key to making this leasing possibility a reality, and Governor Hobbs sees this as one of the many ways we are strengthening partnerships with tribal nations,โ€ she said. 

Another solution to this long water leasing process is to create a uniform system for tribes to enter into off-reservation leasing. Samuel Joyce is an attorney with a focus on tribal law, who this year published in the Stanford Law Review about the issue with CRITโ€™s situation and the larger implications. As the Colorado River Indian Tribes Water Resiliency Act only applies to one tribe, Joyce argued that Congress could pass legislation that would make it easier for tribes to enter the water market.

Joyce also recognizes that legislation should be coupled with a streamlined process to settle water rights for nearly a dozen tribes that are currently awaiting court decisions. Read Next: Supreme Court hears Navajo demands for Colorado River water rights Jake Bittle & Maria Parazo Rose

“Reforms to make it easier for tribes to quantify their water rights should accompany leasing authorization,โ€ Joyce wrote. โ€œEven though tribes have senior water rights, political opposition will only grow as non-Indian users expand and climate change further reduces available water in the Colorado basin, putting priority on quantifying tribal water rights now.โ€

In another paper released last year, written by Bryan Leonard, a professor of environment and natural resources at the University of Wyoming, tribes were estimated to earn between $938 million and $1.8 billion in revenue a year if they were able to use all of their water allocations. Currently, tribes use only about 8 percent of their allocated water, and the rest flows downstream to users who essentially get it for free.

โ€œMarkets are only as good as the underlying property rights and institutions,โ€ Leonard said. โ€œThe unfortunate thing for reservations is that theyโ€™re saddled with colonial-era institutions to manage their resources.โ€

Per the Colorado River Indian Tribes Water Resiliency Act, the tribe can only lease water in the Lower Basin, which is most of the state of Arizona. With a population boom in Phoenix, only a few hours away from CRIT, the tribeโ€™s water could help the next influx of those flocking to the West.

This article originally appeared in Grist at https://grist.org/indigenous/tribes-could-lease-their-water-to-dry-states-why-is-it-so-hard/.

Grist is a nonprofit, independent media organization dedicated to telling stories of climate solutions and a just future. Learn more at Grist.org.

Native America in the Colorado River Basin. Credit: USBR

Colorado Supreme Court Justice Gregory J. Hobbs Retires

Greg Hobbs and Ken Wright

I wrote this on the occasion of Greg Hobbs’ retirement from the Colorado Supreme Court and ran across it yesterday on the Colorado Central website (August 1, 2015):

Greg Hobbs is calling it quits after 19 years as the Colorado Supreme Courtโ€™s โ€œwater expert.โ€

Early in his career he clerked for the 10th Circuit, worked with David Robbins at the EPA, and worked at the Colorado Attorney Generalโ€™s office. AG duties included the natural resources area โ€“ water quality, water rights and air quality issues. He represented the Northern Colorado Water Conservancy district before forming his own firm, his last stop on the way to the Court.

He told the Colorado Statesman that he always had his eye on the Supreme Court. While serving at the 10th circuit, Judge William Doyle told encouraged him to set his sites on the Supreme Court, saying โ€œThey do everything over there.โ€

When he appointed Hobbs to the court, Governor Roy Romer told him to โ€œget a real tie,โ€ according to the Statesman. A bolo tie, as Hobbs usually wears, didnโ€™t seem to qualify.

The justice is hardworking outside his court duties. He is often asked to speak at conventions and meetings around the state. He is deeply driven to learn about others and to share his knowledge of law and history.

A few years ago, over in Breckenridge, the Summit Daily News reported that Hobbs said, โ€œThe water ditch is the basis of civilization.โ€

His passion is to explain current opportunities and problems within a historical context. He describes himself as a โ€œfailed PhD,โ€ having dropped out of a PhD Latin American History program at Columbia University.

One opinion in particular illustrates the importance of history to Hobbs:

Will Hobbs, Greg Hobbs, Dan Hobbs, and a string of fish for dinner, Mary Alice Lake, Weminuche Wilderness, 1986 via Greg Hobbs

The University of Denver Water Law Review honored Justice Hobbs at their annual shindig. Former Justice Mike Bender told attendees about a case where a man had been arrested after police entered and searched his zippered tent in a campground.

In his opinion, Hobbs detailed the history of Coloradans that lived in tents. The plains Indians and their teepees, the miners camps dotted all over the mineral belt and elsewhere, and more than a few homesteaders, also. He said that in Colorado, there is an expectation of privacy when you close up your tent dwelling, and that it is no different from the expectation for a more permanent structure.

The police violated the manโ€™s Fourth Amendment rights by not obtaining a search warrant, he said.

The justice credits luck for his interest in water law. He got in on the ground floor of the environmental movement during the early days of the Clean Water Act and the Clean Air Act.

He has a deep and abiding respect for Colorado water law.

During his time on the court, there were two interesting cases dealing with the โ€œspeculation doctrineโ€ โ€“ that is, a water diverter must put the water to beneficial use, not hold on to it and auction it to the highest bidder.

Pagosa Springs Water and Sanitation District was told it was not allowed a 100-year planning horizon. High Plains A&M was denied a change of use โ€“ agricultural to municipal and industrial โ€“ for lower Arkansas Basin water on the High Line Canal, because they didnโ€™t have any firm customers for the water they were changing.

The Court recognized the Legislatureโ€™s legal ability to create whitewater parks as a beneficial use.

Perhaps one of the most remarkable insights that Justice Hobbs realized pertains to environmental flows within Colorado water law:

When Amy Beatie, director of the Colorado Water Trust, was clerking for the justice, she told him that her primary interest was working for the environment. He advised her to go into private practice, learn about the workings of water law, the mechanics and hydrology of diversions, and the art of finding common ground at water court. Then, he said, have faith that there will be a way to work for the environment within the water rights system.

Ms. Beatie paid attention.

Her organization just secured an instream flow right for the Colorado Water Conservation Board on a tributary of the Gunnison River, the Little Cimmaron River. The trust purchased shares of the McKinley ditch and assigned them to the CWCB โ€“ the only entity under state law that can hold rights for instream flows.

The water rights are senior and near the confluence with the Gunnison. Therefore, in times of low flows they are capable of calling out diversions above them. Water bypasses the McKinley headgate and stays in the stream for the fish and other critters. Further development of junior water rights wonโ€™t affect the arrangement, since the instream flow will always be in line ahead of newer ones.

This agreement and decree were a big deal since they were the first of their kind, with a willing seller, an organization dedicated to finding deals that benefit instream flows, an entity that can legally hold those rights, and an active water rights market.

At this summerโ€™s Martz Conference hosted by the CU law school, Justice Hobbs spoke about Coloradoโ€™s water market. Many groups and individuals decry the current state of water in the western U.S. Brad Udall, for example, told attendees at last fallโ€™s Colorado River District Annual Symposium, that we are living with 19th-century laws, 20th-century infrastructure and 21st-century problems.

Hobbs reminded attendees at Martz 2015 that Colorado has the most active water market in the U.S. and it evolved under those 19th-century laws. Colorado water law is there to protect all appropriators and works very well, albeit slowly. Things move along more quickly as case law grows.

The basis of Colorado water law is the โ€œdoctrine of prior appropriation,โ€ which is really a doctrine of scarcity, as just about anyone can administer a stream with average or above average flows. The art comes when there are low flows, so the state engineer has the priority system in his toolbox for those dry times.

Greg has become a friend to me over the years and I already miss him on the court.

He assures me that he will keep writing and speaking. After all, he asserts, โ€œColoradans love a good story.โ€

You tell a good story, Greg.

John Orr covers Colorado water issues at Coyote Gulch: www.coyotegulch.net

Published in 2015 August

Conservation Works โ€” and Science Just Proved It: But at the same time, it doesnโ€™t take much to do tremendous damage to endangered species — The Revelator

Red wolf (Canis rufus). Photo credit: USFWS

Click the link to read the article on The Revelator website (John R. Platt):

May 13, 2024

Science just proved it: Conservation efforts around the world are working.

According to a study published April 26 in the journal Science, human efforts to help endangered and at-risk species have proven overwhelmingly successful at improving their status.

The researchers โ€” 33 authors from universities and conservation groups โ€” examined 186 studies that measured the effectiveness of conservation efforts over time. The meta-study put the results clearly:

Interestingly, the study found that more recent conservation projects were the most likely to have gone well. Weโ€™ve learned a lot over the past few decades, which means weโ€™re doing better all the time.

Toward that point, the paper found that even conservation efforts thatย donโ€™tย work can provide critical information to help future programs, as two of the study authors wrote forย The Conversation: โ€œFor example, in India, removing an invasive algae simply caused it to spread elsewhere. Conservationists can now try a different strategy that may be more successful.โ€

And hereโ€™s the even bigger takeaway: The benefits arenโ€™t just for the species that are direct targets of conservation efforts. โ€œOne of the most interesting findings was that even when a conservation intervention didnโ€™t work for the species that is was intended, other species unintentionally benefited,โ€ lead author Penny Langhammer, executive vice president of the conservation group Re:wild, told BBC News. That often happens when conservationists mitigate a threat in order to help one species but help other nearby plants or animals in the process.

Of course, we could be doing even better: Even though we know conservation works, thereโ€™s just nowhere nearly enough funding to help every species in need. As the authors wrote inย The Conversation:

The paper itself lists dozens of great conservation examples, but you can find even more in recent news:

  • Critically endangered red wolves (Canis rufus) have enjoyed a much-needed baby boom, withย eight new cubsย born to a pack in North Carolina last month. Red wolves only have one breeding male left in the wild, so these cubs represent the future of the species. (The proud papa came from a conservation breeding center in Washington state after the previous male was killed by a car โ€” further proof that these wolves wouldnโ€™t continue to exist without dedicated humansย looking out for their future.)
  • Devilโ€™s Hole pupfish (Cyprinodon diabolis) are also having a helluva good time and have reached theirย highest spring population level in 25 years. At just 191 tiny fish, theyโ€™re not exactly populous, but this is a huge boost from 2013, when the speciesโ€™ spring population plummeted to a low of just 35. This sets them up for a good breeding season ahead, when their population (which fluctuates according to the time of year) could hit 500 or more.
  • Meanwhile giant ground pangolins (Smutsia gigantea) haveย returned to Kenyaย for the first time in more than half a century. Conservationists put the current population at just 30-80 animals, but itโ€™s a start, and itโ€™s all due to the nonprofit Project Pangolinโ€™s work to remove electric fences and other threats that prevented the return of these heavily poached animals.
  • Similarly, spotted hyenas (Crocuta crocuta) have taken up residence in Gabon for theย first time since 1949. A few individuals had briefly wandered into the country over the past few decades, but none of these important predators had stuck around. Now a new study reveals that some of them have finally decided to call their former country home once again โ€” a call for scientists to understand how they did it so others can follow.
  • Also in Gabon, a new study shows that forests certified by the Forest Stewardship Council in that country and the Republic of Congo now enjoyย greater abundancesย of large mammals such as elephants and gorillas, as well as other critically endangered species.
  • Asian elephants living inย recently protected habitatsย in Cambodia appear to have increased in number and now travel in groups of up to 20 or 30, compared to groups of 3-5 just a few years ago.
  • In the UKย 150 harvest miceย (Micromys minutus) have been reintroduced into a nature reserve near London, the first time theyโ€™ve lived in the area since 1979. Conservationists have protected meadows and created wildlife corridors to make the wooded reserve more hospitable to the rewilded mice.

That just scratches the surface, but it proves a point: Humans pushed most of these species toward extinction, but we can also lift them back, given enough time, effort and funding.

Counterpoint

Of course, not everything goes well for imperiled wildlife.

As Mongabay reports, a single gang of poachers may have killed at least 10% of the entire Javan rhino species (Rhinoceros sondaicus) since 2019. A 2021 camera-trap survey put the Javan rhino population at 34 confirmed individuals, although a government report earlier that year estimated the number at 76. Either count was bad enough, and now this gang is suspected to have killed at least seven of the rhinos, according to government officials, pushing the species ever closer to extinction.

This brutal news hit the environmental media like a lead balloon. Other than Mongabay, no media outlets covered the story in English in the week that followed, according to freelance journalist Jeremy Hance broke the news and later wrote on social media, โ€œHow can we do anything about the mass extinction crisis if the news refuses to cover it?โ€

This story โ€” and the journalistic apathy around it โ€” cuts deep. Iโ€™ve long been vocal in my criticism that environmental journalism doesnโ€™t do enough to cover wildlife issues and the extinction crisis. Climate change โ€” as critical as it is โ€” has sucked much of the air from the room and left little space for covering other topics.

Part of the challenge is that bad news about endangered species and wildlife is often so heart-wrenching. Stories like poachers killing Javan rhinos embody the cruelest aspects of human character and social conditions. Faced with painful facts and few actionable solutions, many readers tune it out and turn the page.

But we canโ€™t turn a blind eye to the multiple crises around the world. The media needs to cover them, and people who care need to read and share them along with the good-news stories โ€” to help inspire further action and fight the overwhelming ennui that can settle on us in the face of destruction.

If the bad news makes you angry, use that anger. And look to the success stories to keep you going and build on whatโ€™s already been done.

2024 #COleg: How #Coloradoโ€™s 2024 legislative session will impact the environment — Colorado Newsline

Bicycling the Colorado National Monument, Grand Valley in the distance via Colorado.com

Click the link to read the article on the Colorado Newsline website (Chase Woodruff):

May 13, 2024

Despite bipartisan agreement on a handful of key reforms, Coloradoโ€™s 2024 legislative session highlighted the deep divides and entrenched interests that define some of the stateโ€™s thorniest and longest-running environmental challenges.

Colorado Democrats and environmental groups began the year with an ambitious plan to crack down on ozone pollution from the oil and gas industry. It was the most significant new attempt to regulate drilling since a sweeping health and safety overhaul passed by Democrats in 2019, and the opposition it drew from deep-pocketed industry groups was similarly intense.

In an eleventh-hour deal brokered by Gov. Jared Polis,ย proponents abruptly changed course, agreeing to drop most of the proposed regulations in favor of a new fee on oil and gas production to fund public transit and conservation projects. Other bills approved by lawmakers this session, which ended Wednesday [May 8, 2024], aim to establish or expand protections for disproportionately impacted communities, drinking water supplies and wild streams and wetlands.

โ€œThe 2024 legislative session was a win for the climate, for Colorado consumers, and for equity,โ€ Elise Jones, executive director of the Southwest Energy Efficiency Project, said in a statement. โ€œIn particular,  lawmakers approved unprecedented funding for bus and rail service across the state, and adopted a package of climate-friendly land use bills to enable more affordable and abundant housing opportunities in Coloradoโ€™s cities along transit lines, while reducing transportation pollution and traffic congestion.โ€

Separately from the package of ozone reforms, lawmakers for the first time considered a bill that sought to put an end date on oil and gas extraction in Colorado as part of the stateโ€™s efforts to address climate change. Similar plans to phase out drilling are underway in states like California and in countries around the world, but Coloradoโ€™s Senate Bill 24-159 likely never stood a chance; facing a veto threat from Polis, a Democrat, and lacking support from key Democratic lawmakers, it died in its first committee hearing in March.

Air and water quality

Senate Bill 24-229:ย Ozone mitigation measures

One of two bills introduced late in the 2024 session as part of the compromise on oil and gas issues, SB-229 will make a relatively minor set of reforms to the way state agencies issue permits and enforce regulations on oil and gas operations. It will give Coloradoโ€™s Energy and Carbon Management Commission more explicit power to penalize operators and address the problem of orphaned wells, and codify a mandate on oil and gas producers to reduce emissions of so-called ozone precursors, which Polis first issued in an executive order last year.

The bill has not yet been signed by the governor.

Senate Bill 24-230Oil and gas production fees

Beginning in July 2025, this bill will levy new fees on oil and gas production in Colorado. The per-unit fees will be adjusted quarterly based on benchmark prices, but will roughly equate to a surcharge of about 0.5% per barrel of crude oil, and will raise between $100 million and $175 million in a typical year. The revenue will fund projects to offset the impacts of oil and gas pollution, with 80% allocated to public transit projects and the remainder used by Colorado Parks and Wildlife for land acquisition and habitat projects.

SB-230โ€™s fees will substantially increase the share of oil and gas production revenue collected by the state, while doing little to offset its exceptionally low rates of conventional taxes on the industry, aย Newsline analysis found.

The bill has not yet been signed by the governor.

House Bill 24-1338Cumulative impacts and environmental justice

Sponsored by Democratic state Reps. Manny Rutinel of Commerce City and Elizabeth Velasco of Glenwood Springs, HB-1338 directs the Colorado Department of Public Health and Environment to carry out the recommendations of the stateโ€™s Environmental Justice Action Task Force. Those measures include increased oversight of the stateโ€™s only petroleum refinery, the Suncor facility in Commerce City, and the creation of a โ€œrapid responseโ€ inspection team to act quickly to address air quality complaints.

The bill has not yet been signed by the governor.

House Bill 24-1379Regulate dredge and fill activities in state waters

Sponsored by Democratic House Speaker Julie McCluskie of Dillon and Republican state Sen. Barbara Kirkmeyer of Weld County, HB-1379 reestablishes protections for certain streams and wetlands following a 2023 Supreme Court decision that excluded them from the federal Clean Water Act. The bill creates a new CDPHE permitting program to regulate dredge and fill activities that impact those waters, with a variety of exemptions, including for many agricultural operations.

The bill has not yet been signed by the governor.

Senate Bill 24-197:ย Water conservation measuresย 

Another bipartisan water bill, SB-197 would implement several conservation proposals endorsed by last yearโ€™s Colorado River Drought Task Force, including the expansion of a program for the temporary loaning of water rights to the Colorado Water Conservation Board to protect the environment.

The bill has not yet been signed by the governor.

Senate Bill 24-81Perfluoroalkyl and polyfluoroalkyl chemicals

SB-81 expands the stateโ€™s ban on products containing cancer-causing PFAS, so-called โ€œforever chemicals,โ€ to include new categories of items like nonstick cookware, ski wax and artificial turf.

It was signed into law by Polis on May 1.

Land use and transportation

For the second legislative session in a row, climate and environmental advocates lined up in support of a push to steer Colorado land-use policy towards more abundant, higher-density housing development. Proponents say the reforms are a critical step towards meeting the stateโ€™s clean transportation and energy goals, but theyโ€™ve run into stiff opposition from local governments and homeowners who object to the state interfering in local zoning and development policies.

Following the defeat of a sweeping package of land-use reforms in the 2023 legislative session, sponsors revived several of its components in piecemeal fashion this year.

House Bill 24-1313Transit-oriented communities

The most ambitious of 2024โ€™s housing bills, HB-1313 sets goals for Coloradoโ€™s most populous cities to increase housing density in areas nearest to public transit stations. It establishes a $35 million fund to support infrastructure in communities that meet the goals, but a controversial provision that wouldโ€™ve withheld state highway funding from local governments that failed to comply was stripped from the bill prior to its passage by the Senate.

The bill was signed into law by Polis on Monday.

House Bill 24-1152Accessory dwelling units

Accessory dwelling units, sometimes called โ€œgranny flats,โ€ are housing units built on a property with an existing single-family home. HB-1152 would legalize the construction of ADUs across virtually all residential areas in Coloradoโ€™s most populous cities and suburbs, prohibiting local governments from restricting their construction on any land zoned for single-family residential development.

The bill was signed into law by Polis on Monday.

House Bill 24-1007:ย Prohibit residential occupancy limits

HB-1007 bars local governments from regulating the number of unrelated people who can live together in a housing unit, except for standards enforced based on building or fire codes. Low occupancy limits in cities like Boulder โ€” which prohibited more than three unrelated people from living together until last year, when it raised the limit to five โ€” have been a flashpoint in local battles over housing affordability.

The bill was signed into law by Polis on April 15.

House Bill 24-1304Minimum parking requirements

HB-1304 would prohibit local governments from enacting minimum parking requirements for new housing developments in areas nearest to transit service. Critics of such ordinances say they inflate the cost of constructing new housing units while exacerbating traffic congestion and vehicle pollution.

Polis signed the bill into law on May 10.

Senate Bill 24-184Support surface transportation infrastructure development

As the state ramps up efforts to win federal funding for a new passenger rail system along the Front Range, SB-184 would create a new revenue stream for rail infrastructure spending by levying a new fee of up to $3 per day on rental cars. Transportation officials said the $58 million raised annually by the new fee will help the state โ€œcompete effectivelyโ€ for federal passenger rail grants.

The bill has not yet been signed by the governor.

#ColoradoRiver #Snowpack gets late-season boost from #Colorado storms — 8NewsNow.com

Click the link to read the article on the 8NewsNow.com website (Greg Haas). Here’s an excerpt:

May 10, 2024

A late-season bump from storms in the Colorado Rockies has boosted snowpack levels, helping the region rebound after levels fell below normal at the end of April. Thatโ€™s important for Las Vegas, which depends on the Colorado River for 90% of its water. Snowpack is currently at 107% of normal in the Upper Colorado River Basin, up from just 89% on May 1. On April 1, typically the peak for snowpack levels, data showed the amount of water stored in the snowpackย at 111% of normal.

The blue box at the center of the map shows precipitation (103%) and snow water equivalent (107%) levels in the Upper Colorado River Basin. (U.S. Bureau of Reclamation)

Separately, Northern Nevada counties got some good news as the U.S. Department of Agriculture said Lake Tahoe would fill for the first time since 2019. The Nevada Water Supply Outlook Report showed snowpacks in the eastern Sierra Nevada far above normal levels for the second consecutive year. Most key reservoirs in Northern Nevada are expected to fill this year. The dramatic snow levels in the Sierra Nevada last yearย erased a two-decade megadroughtย in that region, according to a report by The Associated Press.

That wonโ€™t have any impact on Southern Nevada, where 90% of the water used comes from the Colorado River. The weather that has the greatest effect on the Las Vegas valleyโ€™s water supply happens hundreds of miles away. Lake Mead had fallen to 35% of capacity as of Thursday, according to data from the U.S. Bureau of Reclamation. Water from snowmelt in parts of Colorado, New Mexico, Utah and Wyoming feeds the flow of the river as it makes its way to Lake Powell. From there, water flows down the Grand Canyon and into Lake Mead.

Ruedi Reservoir expected to fill again — The #Aspen Daily News #FryingPanRiver #RoaringForkRiver #ColoradoRiver #COriver #aridification

Ruedi Reservoir on the Fryingpan River as seen on March 24. The reservoir is at its lowest level in nearly two decades, but U.S. Bureau of Reclamation officials say if forecasts hold, it should still be able to fill in 2022. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM

Click the link to read the article on The Aspen Daily News website (Austin Corona). Here’s an excerpt:

Ruedi Reservoir is expected to hit full capacity for only the second time in five years, according to projections shared by reservoir managers.ย The managers donโ€™t know exactly when the reservoir will hit capacity, though Tim Miller, hydrologist for the Bureau of Reclamation โ€” the federal agency that operates Ruedi Dam โ€”ย  said it will likely stay full through July. Miller said calls for Ruedi water farther down the Colorado River could change that timeline. Ruedi is currently 68.8% full.

Ruedi did not reach its full capacity for three years between 2020 and 2022. Low runoff kept the reservoir from filling in 2020, and then overshoots in inflow projections and dry soils caused the reservoir to miss its capacity again in 2021. Reservoir levels then dropped to a 20-year nadir in March 2022 and never quite reached full capacity during a rebound that summer. Those three years were the only multiyear stretch in which Ruedi failed to fill in the last 10 years. Reservoir levels also fell short in 2018.ย  Ruedi ended its dry streak after a wet winter in 2023, with Miller reporting in August that last year was almost flawless for reservoir operations.

This year, Miller said snowpack and runoff projections look similar to 2023. Water supply forecasts from the National Oceanic and Atmospheric Administrationโ€™s Colorado Basin River Forecast Center project a total Fryingpan River April-July runoff volume at Ruedi roughly 10% higher than projections from the same time in 2023 (this yearโ€™s May 1 projection is 135,000 acre feet).ย Miller said the Ruedi may receive even greater flows than expected this year because of operational issues at a connected facility on the eastern slope. Miller said water managers may have to leave more water in the Fryingpan River this year than usual if Turquoise Lake, an eastern slope reservoir that receives Fryingpan water through a tunnel under the continental divide, fills up. Miller said Turquoiseโ€™s outflow will be limited this year because both pump/turbine units at the Mount Elbert pumped-storage powerplant, which constitutes one outlet for the reservoir, are not operating this summer.ย 

The Bureau of Land Management cancels 25 Trump-era oil and gas leases in archaeology rich SE #Utah — Jonathan P. Thompson (www.landdesk.org) #ActOnClimate #KeepItInTheGround

Looking up Recapture Canyon in the Lands Between. Jonathan P. Thompson photo.

Click the link to read the article on The Land Desk website (Jonathan P. Thompson):

May 10, 2024

NEWS: The Bureau of Land Management cancelled 25 Trump-era oil and gas leases totaling more than 40,000 acres in the Lands Between, an area in southeastern Utah rich with cultural resources between Bears Ears and Hovenweep/Canyon of the Ancients National Monuments.

CONTEXT: There is a place known as the Great Sage Plain or, in more recent times, the Lands Between, a place of mesas and sagebrush and broad canyons spread that spread out north of the San Juan River and west of the Utah-Colorado state line. The beauty is more subtle here than in the serpentine gorges to the west, but itโ€™s also ubiquitous, found in lichen-splattered stone, in the way the light plays across rain-soaked sagebrush, in the lascivious dusk bloom of the sacred datura.

And human history is omnipresent here, layers upon layers of reminders of those who came before. Cultural sites abound, some obvious, many barely discernible. The Lands Between is one of the most archaeologically rich swaths of land in the nation. And yet, the place is often ignored and more often abused.

William H. Jacksonโ€™s sketches of cultural sites he identified in the Lands Between in his 1875 report: โ€œNotice of Ancient Ruins in Arizona and Utah Lying About the Rio San Juan.โ€

In 2018, as part of its marauding quest for โ€œenergy dominance,โ€ the Trump administration offered up thousands of acres in the Lands Between for oil and gas leasing. Tribal nations with ancestral ties to the land, environmental groups, and historic preservation advocates protested nearly all of the parcels. The administration cast the protests aside, however, and in March and December of that year, energy company representatives logged onto EnergyNet.com and bid between $2 and $91 per acre for the right to drill, with companies like Wasatch Energy, Kirkwood Oil & Gas, and Ayers Energy walking away with the spoils.

Friends of Cedar Mesa (now Bears Ears Partnership),ย sued the Trump administration, alleging that the BLM violated federal environmental law by issuing the leases. Early last year the BLM agreed to re-evaluate the leases, and launched a new environmental assessment process. That process culminated this week with the cancellation of 25 of 28 of the leases under review, with three leases affirmed.

BLM map of the contested and canceled leases.

Reasons for the decision included:

  • More than 900 National Register-eligible historic sites were identified within the leases, along with hundreds more within the half-mile buffer zone around the leases;
  • Twelve of the leases lie within the Alkali Ridge Area of Critical Environmental Concern and contain a total of 806 documented cultural resources, including Three Kiva Pueblo.
  • โ€œRecent concerns brought forth by the Pueblo of Acoma, including the need to conduct a โ€˜more comprehensive reviewโ€™, and a โ€˜structured consultation process with the Pueblo of Acoma and other tribes, ensuring that tribal expertise and cultural knowledge guide the evaluation and management of these lands.โ€™
Detail of a site on the eastern edge of the Lands Between. Jonathan P. Thompson photo

While compelling, I was most interested in โ€œtopographic anomaliesโ€ identified by LiDAR, or a sort of laser-based radar used more and more frequently in archaeology, especially to find ancient โ€œroadsโ€ such as the ones that radiate out from Chaco Canyon. The agency was tipped off to these anomalies by Winston B. Hurstโ€™s draft report titled: โ€œLiDARโ€™s Gifts: Firstlook Insights into Puebloan Roads and Berm-Swale Field Systems in Utah and Neighboring Sections of the Northern San Juan Region.โ€ Hurst identified a number of these features within the lease areas and their five-mile buffer zones.

In its record of decision cancelling the leases, the BLM writes that the anomalies, which potentially are berm-swale fields, ancient roads, or other architectural features with unknown function, warrant more study, and adds:

So there you have it. Itโ€™s probably not a good idea to go in and wreck these significant cultural objects with well pads and drilling rigs and pipelines and roads. And the BLM seems to understand that, at last.

โ€œAcoma is deeply grateful for the BLMโ€™s decision to cancel these leases, which affirms the importance of this landscape for the Pueblo of Acoma and other Pueblos and Tribes. This landscape is a living testament to our ancestors and our ongoing cultural traditions. Preserving these areas from development allows us to maintain our deep connection to our history and educate future generations about their rich cultural heritage,โ€ said Governor Randall Vicente of the Pueblo of Acoma in a written statement.

But the fightโ€™s not over yet. Acoma is also challenging leases in the same area sold in 2019.

Read more about the Lands Between, national monuments, and the inadequacy of โ€œidentify and avoidโ€. But first, subscribe to get a taste of these delicious archives:

State Line JONATHAN P. THOMPSON AUGUST 13, 2021

Photo credit: Jonathan P. Thompson/The Land Desk

The following is from Sagebrush Empire: How a Remote Utah County Became the Battlefront of American Public Lands, by Jonathan P. Thompson. Torrey House Press, 2021. I am walking across the southeastern Utah desert, looking for the Colorado state line on an overcast day in early March. I think that maybe if I could just see the state line, experience it,โ€ฆRead full story

The Meaning of Monuments JONATHAN P. THOMPSON JANUARY 22, 2021

Valley of the Gods from Cedar Mesa. Valley of the Gods was included in the original Bears Ears National Monument but taken out by President Trump. Now President Joe Biden is expected to restore the original boundaries. Photo credit: Jonathan P. Thompson/The Land Desk

When President Barack Obama established Bears Ears National Monument just over four years ago, conservationists and tribal leaders were โ€ฆRead full story

Abandoned oil and gas wells threaten cultural sites JONATHAN P. THOMPSON MAR 5, 2024

Twin Angels Great House, a Chaco outlier, in the San Juan Basin. Oil and gas infrastructure is visible in the background. Jonathan P. Thompson photo.

Archaeology Southwest, an Arizona-based nonprofit, recently released an interesting and somewhat alarming report by Paul Reed, a New Mexico preservation archaeologist, on orphaned and abandoned oil and gasโ€ฆRead full story

๐Ÿ“ธย Parting Shotย ๐ŸŽž๏ธ

The now-defunct Hatch Trading Post in the heart of the Lands Between. Jonathan P. Thompson photo.

Construction wrapping up on Maybell Diversion improvement project — Craig Daily Press #YampaRiver

Maybell Diversion Restoration project. Photo credit: JHL Constructors

Click the link to read the article on the Craig Daily Press website (Ashley Dishman)

May 12, 2024

A major project to update the Maybell Diversion and headgate on the Yampa River is nearing completion as its users prepare for irrigation season. The Nature Conservancy, Maybell Irrigation District and JHL Constructors have worked together on the $6.8 million endeavor, which makes possible the first remote operation of the headgate in over 126 years.

Maybell is home to one of the largest irrigation diversions on the Yampa River.ย It provides water to about 2,000 acres of irrigated hay meadows in Northwest Colorado through a series of lateral ditches that come off the Maybell Diversion located just west of Craig toward Dinosaur National Monument…In the past, the headgate was manually operated, requiring a 3-mile round-trip hike and special tools and equipment to open the gates to the ditch. This often meant water was not used efficiently or at the most opportune times for ranchers. In addition, the Maybell Diversion has previously posed challenges for both fish and recreational boat passage through that part of the river in Juniper Canyon. In the past, fish movement was constrained by low river flows, especially during irrigation season. The Maybell reach has been considered a recreational-use hazard due to landslides, large boulders that block the river and push-up dams that hinder fish and boaters alike.

The newly modernized diversion and headgate will allow for remote operation and improved water delivery control to agricultural lands. It also aims to improve fish passage and recreational boat access. The redesign will connect two sections of floatable river with a constructed riffle at the diversion.

โ€œWe are excited to have this project completed,โ€ said Mike Camblin, president of the Maybell Irrigation District. โ€œWater is a precious resource, and this project allows us to manage it in the way the 21st century demands. Weโ€™re grateful to our partners, The Nature Conservancy, JHL Constructors and others who made this possible.โ€

Yampa River Basin via Wikimedia.

Lingering #drought effects are stealing the runoff thunder from #Utahโ€™s #snowpack — KUER

Click the link to read the article on the KUER website (David Condos). Here’s an excerpt:

May 13, 2024

Runoff from mountain snowpack is particularly precious in Utah. It providesย 95%ย of the stateโ€™s water supply. In recent years, however, getting above-average snowpack hasnโ€™t necessarily led to above-average runoff. Historically, water managers could count on those numbers to more-or-less match, said Colorado River Authority of Utah Chairย Gene Shawcroft. This discrepancy โ€” and the uncertainty it brings โ€” makes the already tricky job of managing water in the West even harder, he said.

โ€œThat’s part of the challenge we have with everything we do in the water world. Not only are we pressured to make sure there’s water for the future. We’re also wrestling with, โ€˜What happens if our water supply is less than what we’ve anticipated?โ€™โ€

When snowpackย peakedย in the Colorado Riverโ€™s Upper Basin in early April, it was 112% of its historical normal. But the actual runoff for April was just 99% of normal. As of May 10, snowpack was still above average at 107% of normal. The most recent streamflow forecast for May-July, however, predicts runoff to only be 87% of normal. Localized examples of this gap show up in southern Utah, too. In the southwestern region, which includes St. George and Kanab, snowpack levels hit 101% of normal on May 1. But the May-July streamflow forecast expects runoff to be just 60% of normal. The Escalante-Paria basin from Bryce Canyon National Park to the southern edges of Lake Powell had snowpack levels that were 262% of normal on May 1, but the latest streamflow forecast anticipates runoff to be 101% of normal…

So, why is this happening? One big factor is how parched the ground is. Soil moisture and groundwater levels are still trying to claw their way back from the extreme drought Utah had between 2020 and 2022, said Utah Snow Survey Program Supervisorย Jordan Clayton. The ground became so dried out, that it soaked up a disproportionate amount of snowmelt in the subsequent runoff seasons. Even during the past two years, the ground beneath some of that snow has remained on the dry side…

Another factor is how fast the snowpack melts. If it goes quickly, the ground will likely stay saturated and a much larger percentage of the water will make it downstream. If it happens in fits and starts, however, the ground has more chances to dry out between melting periods and could absorb more of that water…

Where the snow falls also matters. As Clayton looked at Utahโ€™s snow conditions this winter, he noticed that the middle and lower-elevation mountains had especially high snowpack levels compared to their historical normals. The problem is that most of Utahโ€™s water doesnโ€™t come from those lower elevations, but from sites with an altitude of around 10,000 feet.

A Tale of Two Halves: #Coloradoโ€™s Shift from Cold to Warm Temperatures Shapes Spring #Snowpack and Streamflow: As of May 1st, 2024, Coloradoโ€™s snowpack exhibits a distinct north-south divide and is at 90% of median — NRCS

Click the link to read the release on the NRCS website:

As of May 1st, 2024, Coloradoโ€™s snowpack exhibits a distinct north-south divide and is at 90% of median. The northern basins display persistent snowpack levels from 95% of median in the combined Yampa-White-Little Snake basins to 105% in the South Platte. In stark contrast, the southern basins are below median ranging from 57% in the Upper Rio Grande to 84% in the Arkansas. Statewide precipitation has reached 105% of median for the water year to date (WYTD), while Aprilโ€™s drier conditions have resulted in 88% of median precipitation. This monthly subnormal statewide median, when disaggregated, reveals a stark contrast in precipitation distribution, particularly with southern basins ranging from 54% to 68% and northern basins ranging from 82% to 102%. Southern basins have not only received less precipitation compared to the stateโ€™s median but also when set against their historical medians. The combined San Miguel-Dolores-Animas-San Juan (SMDASJ) basins are at 88% WYTD, dipping further to 68% for April totals.ย 

Streamflow projections echo snowpack and precipitation variances, with the state averaging forecasts at 95% of median. A closer look reveals 34 of 86 streamflow stations predicting above median flows. The Yampa-White-Little Snake forecast an above median flow at 109%, reflecting sustained snowpack levels. Conversely, the combined SMDASJ basins, experiencing reduced snowpack at 72%, project streamflow at 73% of median. Specific sites like Navajo Reservoir inflow and the Animas River at Durango are anticipating below median streamflow at 440 cubic feet per second (CFS) and 279 CFS, respectively. 

Karl Wetlaufer, a hydrologist with the NRCS Water and Climate Center, highlights the impact of recent weather patterns on streamflow projections: โ€œThe month of April brought above normal temperatures and below normal precipitation across the Upper Colorado and the Rio Grande basins. These conditions contributed to rapid snowmelt in most of the basins and above normal monthly streamflow in many sub-basins. All of these contributing factors led to a drop in total seasonal (April-July) volumetric forecasts since April 1st in most sub-basins with the exception of the Colorado Headwaters where forecasts remained most similar to last month.โ€

โ€œThe rapid onset of warmer temperatures in late April accelerated snowmelt rates, particularly in the Upper Colorado and Gunnison basins, highlights a potential for early peak streamflow,โ€ comments Nagam Gill, NRCS hydrologist. SNOTEL data at the Schofield Pass and Red Mountain Pass sites in the Gunnison basin, show that snow water equivalent (SWE) was reduced to 75% and 90% of the seasonal peak, respectively, by early May. This trend is also observed at the Upper Taylor SNOTEL, where the snow water equivalent decreased to 48% of its peak by the same time, earlier than the historical median melt-out dates. Despite the past peak in SWE, ongoing weather patterns into May and June can still influence streamflow. Late spring rains, although not as impactful as winter snowpack, can help sustain streamflow and top up reservoirs levels before the drier summer months set in.

As of the end of April, reservoir storage across Colorado is at 97% of median an improvement from 86% observed this time last year. Most basins are reporting near to above median, ranging from 106% in the South Platte to 124% in the Colorado Headwaters. The combined SMDASJ basins are the exception at 84% of median slightly above last yearโ€™s 82% at this time. Despite less robust snowpack conditions this year, reservoir levels have benefited from last yearโ€™s abundant snowpack, which has helped maintain relatively high-water storage levels.

* San Miguel-Dolores-Animas-San Juan River basin
* *For more detailed information about April mountain snowpack refer to the ย May1st, 2024 Colorado Water Supply Outlook Report. For the most up to date information about Colorado snowpack and water supply related information, refer to theย Colorado Snow Survey website.ย 

This pioneering study tells us how snow disappears into thin air — KUNC #snowpack

Danny Hogan, a snow researcher with the University of Washington, studies snowflakes on a “crystal card.” Out of the 135 terms these researchers could use to describe snowflakes, they choose about 10 to categorize these ones. Photo credit: Alex Hager/KUNC

Click the link to read the article on the KUNC website (Alex Hager):

May 10, 2024

This story is part of ongoing coverage of the Colorado River, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.

A team of researchers has been hard at work in the Rocky Mountains to solve a mystery. Snow is vanishing into thin air.

Now, for the first time, a new study explains how much is getting lost , and when, exactly, it’s disappearing . Their findings have to do with snow sublimation, a process that happens when snow evaporates before it has a chance to melt.

Perhaps most critical in the new findings is the fact that most snow evaporation happens in the spring, after snow totals have reachedย their peak. This could help water managers around the West know when to make changes to the amount of water they take from rivers and reservoirs.

โ€œThis lets us make much better decisions and understand processes that there was not data available to understand before,โ€ said Jessica Lundquist, the studyโ€™s author. โ€œThese data are absolutely critical.โ€

Researchers across the western U.S. have beenย producingย increasinglyย granularย dataย about snowย over the past two decades. Eighty-five percent of the Colorado River starts as high-altitude snow in the mountains of Colorado and Wyoming. As climate change and steady demand are putting a strain on the river’s supplies, scientists have sought to develop a better understanding of howย snow behavesย and give policymakers a more nuanced idea of how to manage reservoirs.

A field of thin metal towers holds more than a dozen sensors used to measure environmental factors that impact snow sublimation. Eli Schwat, a scientist with the University of Washington, said the research site looked like Hoth, the icy planet from Star Wars. Photo credit: Alex Hager/KUNC

Water managers often see a gap between the amount of water they expect to melt into rivers and streams each year and the amount that actually does. A number of climate factors are to blame, such as dry, thirsty soil that soaks up snow melt on its way downhill.

This new data, published in the Bulletin of the American Meteorological Society, helps explain how sublimation also contributes to that gap.

Lundquist said it will help make snow prediction models more accurate. This winter, models projected that 30 %-40% of snow would be lost to sublimation. She and her students found that about 10% of snow was actually lost to sublimation, less than models predicted.

โ€œBefore this study, there was no place you could get enough measurements to evaluate whether your model was getting all of the different processes right,โ€ Lundquist said.

In March 2023, KUNC visited the research site to watch data collection in progress. It involved a network of more than 100 high-tech sensors, plus a small crew of hardy PhD students trekking through the snow with shovels and old-school hardware to gather measurements.

Those researchers found that wind is a major driver of snow sublimation during colder months, and heat from the sun is a major driver during the spring.

Colorado Snow Survey supervisor Brian Domonkos, who was not involved in the study, said he hopes to see more research like this carried out over a wider geographic range.

โ€œOne spot is a great start,โ€ he said. โ€œA study of this depth and this breadth, with all of the sensors that they deployed , is a spectacular start. Ideally, we would love to see this same study, sensors and whatnot, distributed across a number of sites in many locations across Colorado.โ€

Snow falls on the Colorado River near New Castle, Colorado on January 11, 2023. Months of snow and rain soaked a region in the grips of drought and helped replenish reservoirs along the Colorado River. Photo credit: Alex Hager/KUNC

The initial study was carried out in Gothic, Colorado, near Crested Butte. Gothic, a once-abandoned 1800s mining town, has long hosted the Rocky Mountain Biological Laboratory. Each year, legions of scientists live in its cabins and study the natural world.

The site, Domonkos said, experiences a wide range of conditions throughout the winter and is a reasonably good representation of other places in Coloradoโ€™s mountains.

Lundquist, the studyโ€™s author and an engineering professor at the University of Washington, also wants to see more research on the matter going forward, especially during the spring months.

โ€œScience is often led by the motivation of the scientists, and people love to go do research at places you can ski to in the winter, and places you can hike or drive to in the summer,” Lundquist said. โ€œIn the mud season, you can’t quite ski or hike or drive very well, and it’s a little bit harder to do. But that’s what we need to do to find the key answers to where the water’s going.โ€

A greater volume of data about snow could help hone forecasts with wide-reaching implications, as water managers as far away as Phoenix and Los Angeles turn to mountain snow data each year to more accurately plan how much water will be available for cities and farms around the Southwest.

The East River Valley, northwest of the historic town of Gothic, home to the Rocky Mountain Biological Laboratory. The mountain with the pointed peak in the distance is Mount Crested Butte. Photo credit: Mark Stone/University of Washington

#Nevada water right holders have little choice but to sell, say water regulators — Nevada Current

The state Division of Water Resources recently reported about 35 miles of dry channel with no flow on the Humboldt River. (Photo Credit: Colton Brunson, Water Commissioner, Nevada Division of Water Resources)

Click the link to read the article on the Nevada Current website (Jennifer Solis):

May 13, 2024

After two decades of dwindling aquifers, landowners in northern and central Nevada are choosing to surrender their groundwater rights to the state in exchange for cash payments, and more are waiting in line. 

Everyone from family farmers to residents in mid-sized towns depend on groundwater in Nevada, but over-pumping and persistent drought means there is simply not enough water to go around.

The Voluntary Water Rights Retirement Program was allocated a total of $25 million in funding last year to address groundwater conflicts by purchasing groundwater rights from private landowners in over-pumped and over-appropriated basins in northern and central Nevada communities, and thereโ€™s been massive interest.

While the program is only available to landowners in about half of Nevadaโ€™s counties, water rights sellers have offered to sell a total of $65.5 million in water rights in a matter of months โ€” about $40 million more than available funding. 

โ€œFarmers want to farm,โ€ said Jeff Fontaine, the executive director of the Central Nevada Regional Water Authority and the Humboldt River Basin Water Authority. โ€œBut a lot of them see the writing on the wall.โ€

Throughout the Central Nevada Regional Water Authority region โ€” an agency created to proactively address water resource issues in the region โ€” there are 25 over-appropriated groundwater basins, eight of which are also over-pumped. An over-pumped basin is one that is pumped at a greater rate than it is replenished.

Water regulators have until September to enter into contractual agreements and acquire those groundwater rights, but as of May the program has already received commitments to retire more than 25,000 acre-feet of ground water annually. Thatโ€™s about the average amount of water in both the Boca Reservoir and Donner Lake any given year.

โ€œWeโ€™re gonna do that in one year,โ€ said James Settelmeyer, director of the Nevada Department of Conservation and Natural Resources, during a Joint Interim Standing Committee on Natural Resources meeting Friday.

Due to high interest in the program not every application will result in a purchase, but state water regulators noted that not a single applicant has voluntarily dropped out of the program.

โ€œWe had some of the oldest ranches in the state that were looking at selling,โ€ Settelmeyer said, adding that the decision came down to the rising cost of digging deeper and deeper wells to reach the shrinking water table.

Water rights holders are asking โ€œโ€™Do I drill another well or take my old well and go down an additional 200 to 300 feet? Or do I look at this program?’โ€ he said, adding, โ€œthere are some that are getting a bit older and may not have someone willing to take over the property.โ€

Nevada landowners understand theyโ€™re between a rock and a hard place, said local water regulators. 

Fontaine, the executive director of the Central Nevada Regional Water Authority and the Humboldt River Basin Water Authority, said sharply declining groundwater levels is what motivated farmers in Humboldt Countyโ€™s Middle Reese River Valley and Antelope Valley to sell.

โ€œSome of the applicants we talked to were looking at having to spend potentially hundreds of thousands of dollars to deepen their wells. And at some point they realized that the situation isnโ€™t getting any better anytime soon,โ€ Fontaine said, during the Friday meeting.

Most of the funding will likely go to Eurekaโ€™s Diamond Valley, a small farming community in central Nevada, and the stateโ€™s only โ€œcritical management area,โ€ as designated by the Nevada State Water Engineer. The designation means the valleyโ€™s groundwater levels are rapidly declining, and groundwater rights holders in the area are required to create a plan to address over-pumping or risk losing their rights.

More water rights than water

If all sales go through, the state expects to retire about 30% of the annual groundwater yield in Diamond Valley, Fontaine said.

Water regulators said the program application process was designed to purchase water rights that are in regular use and to weed out water rights sellers who have not pumped over the last five years, in order to effectively address shrinking aquifers in northern and central Nevada. 

Decades of granting more water rights than actual available water has left Nevada in a difficult position. Before electricity and modern pumping technology was available, there was little threat of draining an aquifer โ€œbut times have changed,โ€ Fontaine said.

โ€œThe state did over-appropriate these groundwater basins. The past thinking was that water users were not going to put their entire allocations to use,โ€ he said. 

Colorado, Kansas and Oregon have set up similar programs. But those programs have not seen the level of interest and demand Nevadaโ€™s water retirement program has. 

โ€œThere was a lot of interest in this program. In fact, I would say that it exceeded our expectations,โ€ Fontaine said.

During the meeting, water managers and conservation groups in the state emphasized the need to establish a permanent statewide voluntary water rights retirement program based on the success of the limited program currently available for select counties.

Republican Nevada State Sen. Pete Goicoechea sponsored a bill in 2023 that would have created a statewide program to buy and retire water rights. But the legislation never made it to the floor for a vote.

โ€œAs we go into the next legislative session, we have the chance to take this pilot project and its learnings and create a stable funding mechanism to ensure that we can leverage these opportunities in the future,โ€ said Peter Stanton, the CEO of the Walker Lake Conservancy, which focuses on restoring and maintaining Walker Lake.

Walker Lake, Nevada, with sign in lower-right showing lake elevation in 1908. By Raquel Baranow – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=28993516

Aspinall Unit spring operations update

Aspinall Unit dams

From email from Reclamation (Erik Knight):

Biden-Harris Administration Delivers $60 Million from Investing in America Agenda for Drought Resilience in the #RioGrande Basin

The Rio Grande looking downstream from Caballo Dam. Photo credit: USBR

Click the link to read the release on the Reclamation website:

May 10, 2024

ALBUQUERQUE, N.M. โ€” Secretary of the Interior Deb Haaland today announced a $60 million investment from President Bidenโ€™s Investing in America agenda for water conservation and drought resilience in the Rio Grande Basin. These resources will ensure greater climate resiliency and water security for communities below Elephant Butte Reservoir and into West Texas. Secretary Haaland made the announcement in Albuquerque following a briefing on the Rio Grande Project with state and local officials, irrigators, and other partners.  

Through cooperative agreements with the New Mexico Interstate Stream Commission and the National Fish and Wildlife Foundation, the Bureau of Reclamation will work with the Elephant Butte Irrigation District and El Paso County Water Improvement District #1, the International Boundary and Water Commission, and local stakeholders to develop supplemental water projects or programs to benefit Reclamationโ€™s Rio Grande Project and endangered species in the basin. The water savings from the proposed projects are anticipated to be in the tens of thousands of acre-feet per year.โ€ฏ 

โ€œThe Biden-Harris administration is committed to making communities more resilient to the impacts of climate change, including the Rio Grande basin and the people, wildlife and economies that rely on it,โ€ said Secretary Deb Haaland. โ€œWe continue to make smart investments through President Bidenโ€™s Investing in America agenda to safeguard water resources, invest in innovative water conservation strategies and increase overall water efficiency throughout the West.โ€ 

Stretching over 1,200 miles, the Rio Grande provides water supplies for agricultural food production as well as renewable drinking water to fast-growing cities and municipalities throughout New Mexico and Texas. The river supports eight federally recognized Tribes, habitat for migrating birds and other species, and a robust and highly profitable tourism and outdoor recreation industry. Despite improved hydrology in recent months, a historic 23-year drought has led to record low water levels throughout the basin. The Biden-Harris administration continues to deliver historic resources to address ongoing drought and strengthen water security across the region now and into the future. 

Todayโ€™s announcement comes from the Inflation Reduction Act, which includes $500 million for water management and conservation efforts in areas outside the Colorado River Basin experiencing similar levels of long-term drought.โ€ฏFunding for other basins will be announced through the summer and fall. The Biden-Harris administration has already invested almost $59 million in the Rio Grande Basin, including more than $30 million for aging infrastructure repairs to improve water supplies and water delivery systems in the Rio Grande and Middle Rio Grande Projects through Bipartisan Infrastructure Law funding. 

โ€œThe Rio Grande, like many rivers in the West, has struggled with the impacts of severe drought for decades,โ€ saidย Reclamation Commissioner Camille Calimlim Touton. โ€œThis funding from President Bidenโ€™s Investing in America agenda gives Reclamation and our partners the ability to explore options for stormwater capture and other activities to ease the impacts of climate change.โ€

Southwestern Willow flycatcher

On the Rio Grande, this funding will help efforts to increase storage at existing sediment dams and new off-channel storage to capture stormwater. This water will be used to recharge the aquifer, reduce irrigation demands and improve and create riparian wildlife habitat for threatened and endangered species like the Yellow-Billed Cuckoo and Southwest Willow Flycatcher. Other projects will improve irrigation infrastructure efficiency and fund forbearance and fallowing programs.ย 

Adult Yellow-billed Cuckoo. Photo: Andy Reago and Chrissy McClarren/Flickr (CC-BY-2.0)

Prolonged drought within the project area and heavy regional reliance on groundwater pumping has caused a reduction in surface water supply, resulting in a decrease in project efficiency and loss of wildlife habitat.โ€ฏ

Implementation of these programs and projects will benefit Rio Grande Project farmers, residents within the counties of Doรฑa Ana and Sierra in New Mexico, and El Paso County in Texas, as well as the Republic of Mexico. These communities are identified as socioeconomically disadvantaged and vulnerable to climate change based on the Climate and Economic Justice Screening Tool.

Rio Grande and Pecos River basins. Map credit: By Kmusser – Own work, Elevation data from SRTM, drainage basin from GTOPO [1], U.S. stream from the National Atlas [2], all other features from Vector Map., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=11218868

Lincoln Park/Cotter Community Advisory Group encourages well owners to participate in monitoring program — The #CaรฑonCity Daily Record #ArkansasRiver

Lincoln Park/Cotter Mill superfund site via the Environmental Protection Agency

Click the link to read the article on the Caรฑon City Daily Record website. Here’s an excerpt:

May 10, 2024

In February 2023, the current Radiation Materials License holder, Colorado Legacy Land (CLL), declared insolvency and stated they could no longer maintain staff to ensure site security or continue regular operations. The Department of Public Health and Environment (CDPHE) took emergency action and contracted with the existing company, Ensero Solutions LLC, to continue with the necessary on-site activities.ย  CDPHE assumed the monitoring program including wells and air monitoring stations because CLL had abandoned these responsibilities.

At the end of February, the CDPHE sent a letter to residents of Lincoln Park who have been part of the well-monitoring program established decades ago to keep track of groundwater contamination associated with the former Cotter Uranium Mill. The agency was asked for permission to access properties and test wells as had been done routinely in the past by either Cotter or CLL.

At the Community Advisory Group (CAG) meeting on April 16, Shiya Wang, CDPHE Radiation Project Manager, announced that of the 38 letters sent to well owners, only 16 responses were received to allow CDPHE representatives to continue the monitoring program. If you, the well-owner, receive a follow-up letter, please take the time to complete your information and get it back to the CDPHE. Any questions can be directed to the agency or the CAG at its Facebook page, โ€œLincoln Park/Cotter Community Advisory Groupโ€

The reason for monitoring, as stated in the letter, is: โ€œContinuous sampling of environmental media provides valuable data to both the State and to the Lincoln Park Community regarding the migration of hazardous constituents in the environment that have been associated with historical operations at the Site. Residents are encouraged to continue providing access to the sampling location so that this information can continue to assist the Stateโ€™s, as well as the communityโ€™s, understanding of the current conditions in the area.

Dozens of law professors say Utah failed to protect #GreatSaltLake: Brief filed in environmental lawsuit argues #Utah violated its public trust responsibilities — Utah News-Dispatch

Figure 1. A bridge where the Bear River used to flow into Great Salt Lake. Photo: EcoFlight.

Click the link to read the article on the Utah News-Dispatch website (Kyle Dunphey):

May 9, 2024

Law professors from around the country threw their support behind a lawsuit filed against the state of Utah, arguing officials havenโ€™t done enough to help the Great Salt Lake.  

In an amicus brief filed in Utahโ€™s 3rd District Court last week, 36 law professors say Utah is violating public trust doctrine, which requires the state to protect cultural or natural resources for public use, including bodies of water, land, artifacts or wildlife. 

Itโ€™s theย latest in a lawsuitย filed in Septemberย byย Earthjustice, Utah Physicians for a Healthy Environment, American Bird Conservancy, Center for Biological Diversity, Sierra Club and Utah Rivers Council, all conservation groups.

Public trust doctrine was in place when Utah was granted statehood in 1896, according to the Utah Law Review, designed to ensure the stateโ€™s navigable waterways would be protected and available for public use. As the Utah Division of Forestry, Fire and State Lands noted in a 2023 presentation to lawmakers, โ€œThe beds of navigable bodies of water must be managed in a way that does not interfere with navigation, commerce, fishing, and the ecological value of the waterbody.โ€  

The lawsuit notes that public trust doctrine is โ€œwell establishedโ€ in Utah code and has been upheld by several state Supreme Court decisions. In the brief filed this week, the professors cited court rulings that found states have an obligation to preserve public resources. 

โ€œConsistent with this growing judicial chorus, Utahโ€™s public trust duties are to protect and preserve the Great Salt Lake. Utah has not come close to meeting those responsibilities,โ€ the brief reads. 

In a statement given to Utah News Dispatch on Thursday, officials pushed back on that argument. 

โ€œWe have been โ€” and will continue to โ€” work to protect the interests of the state of Utah. Each division within the Department of Natural Resources is mindful of its responsibilities. Together, we are addressing the need to protect the Great Salt Lake,โ€ said Joel Ferry, executive director of the Utah Department of Natural Resources. 

The lawsuit names several state agencies, including the Utah Department of Natural Resources, the Utah Division of Forestry, Fire and State Lands, and the Utah Division of Water Rights. 

The state has filed motions to dismiss the lawsuit, writing earlier this year in court documents that โ€œThe legal solution offered by Plaintiffs is unsupported by Utah law and disregards the many and varied mechanisms the State is utilizing to manage Great Salt Lake.โ€ 

That sentiment was echoed in a social media post from Republicans in the Utah Legislature, which didnโ€™t specifically reference the lawsuit, but criticized โ€œlitigious outside interests.โ€  

โ€œThe Legislatureโ€™s progress on the Great Salt Lake has been nothing short of historic,โ€ย reads a post on Xย from the House Majority account. โ€œTo continue this work, we need real solutions โ€” not symbolism and theatrics. We need local involvement, not litigious outside interests.โ€ย 

The brief references several state actions it says endangered the public trust resources. That includes โ€œactively authorizing water appropriations that divert upstream water.โ€ 

โ€œRather than address that problem, the state has instead focused on โ€˜trying to persuade individual water users to undertake voluntary measures to reduce their consumption,โ€™โ€ the professors write. โ€œSeeking voluntary measures from water users is insufficient to meet the stateโ€™s duty to ensure against the โ€˜substantial impairmentโ€™ of the Great Salt Lake while the lake continues to shrink and its ecosystem is undergoing collapse,โ€ the group of professors write, urging the court to force Utah to develop and enforce a plan to restore the lake. 

That plan could include โ€œchanging surplus water management in wet years, managing flows outside the irrigation season for conservation, and requiring efficiency improvements with the conserved water released to the Lake,โ€ according to court documents.

In a statement, Ferry said the department received and reviewed the brief, and plans to oppose it. 

โ€œIt is largely duplicative of the Plaintiffsโ€™ arguments and that Utahโ€™s district court rules do not authorize such filings,โ€ he said. 

The brief was signed by law professors from around the country, including the Georgetown University Law Center, University of Baltimore School of Law, University of Oregon School of Law, and University of Houston. However, there were no Utah-based signatories.ย 

An amicus brief is a court document usually filed by academics, businesses, subject-matter experts or trade associations who side with one party in a lawsuit. They typically present additional information, perspectives or precedent for the court to consider.ย 

Utah Rivers map via Geology.com

Hereโ€™s what you need to know about proposals to save the #ColoradoRiver — KUNC #COriver #aridification

A visitor looks at a sign above the Grand Canyon on Nov. 1, 2022. The Colorado River, which runs through the canyon, is at an important juncture. The people who decide how it is managed have released a number of proposals for new water-sharing rules that will shape the river’s future. Photo credit: Alex Hager/KUNC

Click the link to read the article on the KUNC website (Alex Hager):

May 9, 2024

This story is part of ongoing coverage of the Colorado River, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.

The Colorado River is in trouble. More than two decades of megadrought fueled by climate change have sapped its supplies, and those who use the river’s water are struggling to rein in demand. Now, with current rules for river sharing set to expire in 2026, policymakers have a rare opportunity to rework how Western water is managed.

The river is shared across seven states and parts of Mexico. Itโ€™s an area that includes about 40 million people, a multibillion-dollar agriculture industry, 30 federally-recognized native tribes and countless plants and animals.

Satisfying the needs of such a diverse group is proving difficult, and the policymakers tasked with shaping the riverโ€™s next chapter are stuck at an impasse.

The federal government operates the massive dams and reservoirs that control the riverโ€™s flow, but has mostly left decisions about how to share its water to states.

Right now, the states are divided into two groups that have bickered about water management for the past century. One group, the Upper Basin, is comprised of Colorado, Utah, Wyoming and New Mexico. The other, the Lower Basin, includes California, Arizona and Nevada.

Those two camps have each sent proposals to the federal government in an attempt to have their say in shaping the riverโ€™s future. Those competing proposals, along with separate recommendations from environmental advocates and tribal groups, are making it hard to coalesce around one set of rules.

Map credit: AGU

The Upper Basin proposal

The Upper Basin is legally required to send a certain amount of water to downstream neighbors each year. After more than 100 years of complying with that standard, Upper Basin states contend they should be allowed to send less. The Upper Basinโ€™s proposal puts that idea into writing.

About 85% of the Colorado River starts as snow in the Upper Basinโ€™s mountains. Climate change, the catalyst for the regionโ€™s water shortages, is shrinking the amount of snow that falls in those mountains each year.

A snowy mountain looms behind Lake Powell on April 10, 2023. States in the Colorado River’s Upper Basin want to release less water from Lake Powell, the nation’s second-largest reservoir. They argue they feel the strongest impacts as climate change shrinks the West’s water supplies. Photo credit: Alex Hager/KUNC

Because of that, the Upper Basin states argue, the Upper Basin feels the sting of climate change more sharply than the Lower Basin. Cities and farms within its four states have to adjust their water use in accordance with recent snowfall, Upper Basin leaders say, but the Lower Basin can count on predictable water deliveries from upstream.

Sending less water downstream, however, would be a violation of the Colorado River Compact, the 1922 legal agreement that provides the framework for modern water management in the arid West.

The Upper Basinโ€™s pitch to send less water relies on a specific interpretation of the language in that agreement โ€” one that hasnโ€™t been tested in court. Critics of the plan, particularly leaders in the Lower Basin, say that interpretation isnโ€™t solid enough to be such a big part of Colorado River management going forward.

Colorado River Basin Plumbing. Credit: Lester Dorรฉ/Mary Moran via Dustin Mulvaney and Twitter

The Lower Basin proposal

The Lower Basin states released their own proposal for managing the Colorado River on the same day as their upstream neighbors.

Their proposal introduces a new way of measuring how much water is stored in the regionโ€™s reservoirs and a new system for figuring out water cutbacks accordingly.

Currently, decisions about when to cut back on waterโ€”and by how muchโ€”are calculated using forecasts about water levels in Lake Powell and Lake Mead, the nationโ€™s two largest reservoirs. The Lower Basin wants to, instead, make those decisions based on the total amount of water held in eight reservoirs, including Powell and Mead.

Lower Basin leaders say their new system would be more holistic and sustainable than the current way of doing things.

Under the Lower Basin proposal, water cutbacks would be triggered when the combined amount of water in those eight reservoirs falls below a certain amount.

Cutbacks are split into three tiers. In the first two, when reservoir levels are somewhat low, Lower Basin states would be the only ones to take less water. But when combined reservoir levels drop below 38% full, both the Lower Basin and Upper Basin would have to take cuts.

Read more about the Upper and Lower Basin proposals here.

Environmental groups submit separate proposal

A coalition of environmental nonprofits sent another proposal to the federal government. Those recommendations aim to make sure enough water flows through rivers to sustain healthy ecosystems for plants and animals.

The proposal suggests a new system of measuring water and doling out cutbacks. Like the Lower Basinโ€™s plan, it would measure water in eight reservoirs instead of two. As an added layer, the environmental groups also suggest using recent climate conditions โ€” like the amount of water held in soils โ€” as a factor when deciding how much water to release from reservoirs.

The environmental proposal also wants water managers to take fish habitats into greater consideration when deciding how much water should be released from reservoirs.

Fish biologist Dale Ryden holds a razorback sucker on Jan. 26, 2024. Environmental groups want new water management rules to better protect the habitats of native fish species. Photo credit: Alex Hager/KUNC

In addition, the conservation groups suggest more frequent releases of water into the Colorado River Delta, an area in Mexico where the river used to meet the ocean. Considered an important bird habitat, the Delta now only has water flowing through it when policymakers decide to send it there.

Lastly, the environmental proposal recommends the creation of a โ€œconservation reserve,โ€ a new program that would let water users leave extra water in reservoirs to help the environment and protect infrastructure like dams, both of which can suffer when water levels are too low.

All seven of the organizations that crafted the river management proposal receive funding from the Walton Family Foundation, which also supports KUNCโ€™s Colorado River coverage.

Read more about the environmental proposal here.

Native America in the Colorado River Basin. Credit: USBR

Tribal groups advocate for water interests

Tribes, which have long been left out of conversations about managing water in areas they occupied long before white settlers, are also trying to shape the Colorado Riverโ€™s future.

The 30 tribes that use Colorado River water are diverse and rarely agree on any one water management policy. Because of that, they sent the federal government a letter with a set of โ€œprinciplesโ€ โ€“ broad reaching ideas about water management that donโ€™t specify how much water might flow to individual states or tribes.

So far, 19 different tribes have co-signed the letter. In it, they call for three things that could give Indigenous people a bigger role in managing water:

First, they want the federal government to uphold a longstanding legal obligation to tribes by rejecting any new rules that could cut into their access to water and compensating any tribes that are forced to take cutbacks in times of shortage.

Tribes hold rights to about a quarter of the riverโ€™s flow, but many donโ€™t have the funding and infrastructure to use all the water theyโ€™re allowed, and instead leave it in the river. In a second tenet, the letter asks the government to make it easier for tribes to take part in conservation programs โ€“ in which water users get paid to leave water in the river โ€“ and make it easier for tribes to market or lease their water to people who donโ€™t live on tribal land.

Third, the letter asks the government to formalize tribesโ€™ seats at the table. They have largely been left on the sidelines of water negotiations for the last century, and now theyโ€™re asking for a more set-in-stone way for tribes to have a say in talks about Colorado River policy.

Read more about the tribal letter here.

Whatโ€™s next?

The federal government wants states to agree on one proposal, rather than two, before it installs any new Colorado River water rules. States say theyโ€™re working towards consensus, but signs of progress have been few and far between.

While the next set of rules wonโ€™t go into effect until 2026, the federal government wants to get the ball rolling as soon as possible. The Biden Administration is asking states to agree on one proposal before the end of 2024, in case the current administration loses the White House in the November election.

Without significant changes to the way the Colorado River is used, the problem is likely to get worse. Scientists predict that climate change will keep shrinking the water supply, meaning cutting back on demand will only get more important.

Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism

Carbon dioxide (COโ‚‚) levels set a new record high in April 2024 ~ 427 ppm — @ZLabe #ActOnClimate #KeepItInTheGround

0 years ago April averaged ~402 ppm. Preliminary data: https://gml.noaa.gov/ccgg/trends/

With a strong #snowpack, the Dillon Reservoir will โ€˜fill and spillโ€™ for the 2nd year in a row — Summit Daily News #BlueRiver #ColoradoRiver #COriver #aridification

Click the link to read the article on the Summit Daily News website (Ryan Spencer). Here’s an excerpt:

May 11, 2024

Dillon Reservoir will โ€œfill and spillโ€ for the second year in a row, Denver Water announced this week. Dillon Reservoir โ€“ which is [part of] Denverโ€™s public water supply โ€“ย  is currently 87% full, matching the average for May, according to Denver Water. Natural streamflow into the reservoir is predicted to be 101% of normal this runoff season and, right now, inflow into the reservoir is about 350 cubic feet per second. With the reservoir levels expected to reach an elevation of 9,012 feet by June 12, Denver Water said that it expects both the Dillon and Frisco marinas could be fully operational by that date. As inflows into the reservoir increase over the next week, Denver Water said it will ramp up outflow to the Blue River to between 200 and 400 cubic feet per second. Then, the following week, outflow may be adjusted to accommodate the Colorado Park and Wildlifeโ€™s fish survey and will likely remain in the 250 to 400 cubic feet per second range.

But by the end of May or early June, [Kevin] Foley said that he expects the Blue River will be open to commercial rafting, which requires at least 500 cubic feet per second. He expects the season could last three to four weeks, though it could be longer or shorter depending on weather. With a healthy snowpack peak of 119%, Foley said that the conditions for rafting could be pristine this summer. That is enough of a snowpack to fill the Dillon Reservoir and have other rivers in the state flowing too, but it is not so much that it will create too strong of streamflows for commercial rafting, he said.

Ruedi Reservoir expected to fill again — The #Aspen Daily News #FryingpanRiver #RoaringForkRiver #ColoradoRiver #COriver #aridification #snowpack

Click the link to read the article on The Aspen Daily News website (Austin Corona). Here’s an excerpt:

May 10, 2024

Ruedi Reservoir is expected to hit full capacity for only the second time in five years, according to projections shared by reservoir managers.ย The managers donโ€™t know exactly when the reservoir will hit capacity, though Tim Miller, hydrologist for the Bureau of Reclamation โ€” the federal agency that operates Ruedi Dam โ€”ย  said it will likely stay full through July. Miller said calls for Ruedi water farther down the Colorado River could change that timeline. Ruedi is currently 68.8% full.

Ruedi did not reach its full capacity for three years between 2020 and 2022. Low runoff kept the reservoir from filling in 2020, and then overshoots in inflow projections and dry soils caused the reservoir to miss its capacity again in 2021. Reservoir levels then dropped to a 20-year nadir in March 2022 and never quite reached full capacity during a rebound that summer. Those three years were the only multiyear stretch in which Ruedi failed to fill in the last 10 years. Reservoir levels also fell short in 2018. 

Ruedi ended its dry streak after a wet winter in 2023, with Miller reporting in August that last year was almost flawless for reservoir operations. This year, Miller said snowpack and runoff projections look similar to 2023. Water supply forecasts from the National Oceanic and Atmospheric Administrationโ€™s Colorado Basin River Forecast Center project a total Fryingpan River April-July runoff volume at Ruedi roughly 10% higher than projections from the same time in 2023 (this yearโ€™s May 1 projection is 135,000 acre feet).

Miller said the Ruedi may receive even greater flows than expected this year because of operational issues at a connected facility on the eastern slope. Miller said water managers may have to leave more water in the Fryingpan River this year than usual if Turquoise Lake, an eastern slope reservoir that receives Fryingpan water through a tunnel under the continental divide, fills up. Miller said Turquoiseโ€™s outflow will be limited this year because both pump/turbine units at the Mount Elbert pumped-storage powerplant, which constitutes one outlet for the reservoir, are not operating this summer. 

U.S. Senator Bennet announces $2.3 million for Southern Ute water infrastructure — The #Durango Herald

Vallecito Lake via Vallecito Chamber

Click the link to read the article on The Durango Herald website (Reuben M. Schafir). Here’s an excerpt:

Sen. Michael Bennet and U.S. Bureau of Reclamation Commissioner Camille Calimlim Touton visited the Pine River Indian Irrigation Project on Monday and announced $147.6 million in investments to 42 projects in 10 states facing water reliability challenges. The announcement included a $2.3 million grant to the Southern Ute Indian Tribe to address the PRIIPโ€™s crumbling infrastructure. The funding is a part of the Bureau of Reclamationโ€™s Watersmart Drought Resiliency program.

โ€œFor too long, the United States has failed to live up to its responsibility to adequately fund and maintain the Pine River Indian Irrigation Project,โ€ Bennet said in a news release. โ€œI was grateful to travel to Ignacio (Monday) with Commissioner Touton to welcome this investment to ensure the Southern Ute Indian Tribe can access the water it needs. There is much more work to be done, but this is a great start.โ€

The project uses water from Vallecito Reservoir, managed by the Pine River Irrigation District, to irrigate aboutย 12,000 acres of land via 170 milesย of ditches and raised flumes. Tribal officials have called the degradation of the infrastructure a โ€œticking time bomb,โ€ andย farmers and rancher dependent on the systemย are routinely shorted the water they need. According to a 2024 estimate reported by the Colorado Sun, PRIIP needs $35.3 million in repairs.

Reclamation finalizes SEIS process to address drought and climate impacts on #GlenCanyonDam and #HooverDam #ColoradoRiver #COriver #aridification

Colorado River between Glen Canyon Dam and Lees Ferry. Photo credit: USBR

Click the link to read the article on the Reclamation website:

May 9, 2024

Interior Department announced earlier this year that historic investments led to record water savings, helped stave off immediate collapse of Colorado River system

WASHINGTON โ€“ The Bureau of Reclamation today finalized its process to protect the short-term stability and sustainability of the Colorado River System by signing the Supplemental Environmental Impact Statement (SEIS) for Near-term Colorado River Operations Record of Decision. The Department of the Interior released the final SEIS in March 2024.

Reclamation initiated the supplemental environmental impact statement to protect Glen Canyon Dam and Hoover Dam operations, system integrity, and public health and safety. This supplemental guidance will be effective through 2026 โ€“ at which point the existing 2007 Interim Guidelines and the 2019 Drought Contingency Plans expire. This record of decision is a substantial milestone in the ongoing efforts to address water scarcity, the ongoing drought, and climate change challenges in the Colorado River Basin.

Reclamationโ€™s action selected in this record of decision is the preferred alternative that the Department identified in March 2024, which will yield at least 3 million acre-feet of system water conservation savings through the end of 2026, coinciding with the expiration of the current guidelines, and provides additional tools to manage dry hydrology. Selection of the preferred alternative was made possible through Reclamationโ€™s collaborative efforts including those with the seven basin states, 30 basin Tribes, water managers, farmers and irrigators, municipalities, power contractors, non-governmental organizations, and other partners and stakeholders, and underpinned by historic water conservation enabled by President Bidenโ€™s Investing in America agenda.

President Bidenโ€™s Investing in America agenda is integral to the efforts to increase near-term water conservation, build long term system efficiency, and prevent the Colorado River Systemโ€™s reservoirs from falling to critically low elevations which would threaten water deliveries and power production. Through the Bipartisan Infrastructure Law, Reclamation is investing another $8.3 billion over five years for water infrastructure projects, including water purification and reuse, water storage and conveyance, desalination and dam safety. Since the Lawโ€™s signing, the Department has provided more than $2.9 billion to fund 425 projects, including $825 million for 131 aging infrastructure projects; $377 million to 231 WaterSMART grants; $382 million for 12 water storage and conveyance projects; and $698 million to seven rural water projects. The Inflation Reduction Act also provides $4.6 billion to address the historic drought across the West โ€“ including for system conservation agreements throughout the Colorado River Basin.

As described in the previously announced final SEIS, key information in todayโ€™s record of decision includes:

  1. System Water Conservation: The preferred alternative will conserve at least 3 million acre-feet of system water through 2026. The results of the supplemental environmental impact statement modeling indicate that the risk of reaching critical elevations at Lake Powell and Lake Mead has been reduced substantially.
  2. Lake Powell Releases: The preferred alternative allows for reducing annual releases from Lake Powell to 6 million acre-feet if the reservoir is projected to fall below 3,500 feet over the subsequent 12 months. This adaptive approach ensures the long-term integrity of the system.
  3. Complementary Measures: The preferred alternative builds upon the existing 2007 Interim Guidelines, incorporating additional strategies to mitigate shortages and contributions under the 2019 Drought Contingency Plans.

The short-term supplemental environmental impact statement process is separate from the ongoing long-term efforts to protect the Colorado River Basin after current guidelines expire in 2026. The post-2026 process currently underway is working to develop new guidelines that will replace several reservoir and water management decisional documents and agreements that govern the operation of Colorado River facilities and management of the Colorado River that are scheduled to expire at the end of 2026.  

2024 #COleg: Bipartisan group approves law to fill federal regulatory gap that left #Colorado streams, wetlands at risk — Jerd Smith (Fresh Water News)

These wetlands, located on a 150-acre parcel in the Homestake Creek valley that Homestake Partners bought in 2018, would be inundated if Whitney Reservoir is constructed. Photo credit: Heather Sackett/Aspen Journalism

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

May 9, 2024

Thousands of acres of Colorado wetlands and miles of streams, left unprotected by a U.S. Supreme Court decision last year, would be shielded under a hard-won measure that was approved this week by a bipartisan group of state lawmakers.

Environmental advocates say Colorado leads the nation in adopting such regulations, which will replace certain Clean Water Act rules that were wiped out last year in the U.S. Supreme Court case Sackett v. EPA.

โ€œColorado is the first state to pass legislation on this issue,โ€ said Josh Kuhn, senior water campaign manager for Conservation Colorado. โ€œIt had a lot of attention because of the magnitude of the bill. There were dozens and dozens of meetings to try and strike the right balance. Weโ€™re really happy with this final piece of legislation.โ€

The Sackett case sharply limited the streams and wetlands that qualify for protection under the Clean Water Act, a decision that water observers said had a particularly broad impact in the West. In Colorado and other Western states, vast numbers of streams are temporary, or ephemeral, flowing only after major rainstorms and during spring runoff season, when the mountain snow melts. The Sackett decision said, in part, that only streams that flow year-round are subject to oversight. It also said that only wetlands that had a surface connection to continually flowing water bodies qualified for protection. Many wetlands in Colorado have a sub-surface connection to streams, rather than one that can be observed above ground.

The legal decision came after decades of federal court battles over murky definitions about which waterways fall under the Clean Water Actโ€™s jurisdiction, which wetlands must be regulated, what kinds of dredge-and-fill work in waterways should be permitted, what authority the act has over activities on farms and Western irrigation ditches, and what activities industry and wastewater treatment plants must seek permits for.

With the passage ofย House Bill HB24-1379,ย which passed Monday, Colorado wetlands are once again formally protected, as are ephemeral streams, said Kuhn.

โ€œIt also sets the federal regulations as the floor, not the ceiling, so that Colorado can go above and beyond those to ensure we are protecting our resources,โ€ Kuhn said.

House Bill 1379, sponsored by House Speaker Julie McCluskie, D-Dillon, Rep. Karen McCormick, D-Longmont, and Sen. Dylan Roberts, D-Frisco, was one of two proposed bills that sought to address the regulatory gap created by the Sackett decision. Senate Bill 127, sponsored by Sen. Barbara Kirkmeyer, R-Brighton, was the second.

While Senate Bill 127 ultimately was not approved, a number of exemptions it contained to address concerns of farmers, miners, developers and some cities, were eventually added to House Bill 1379 and Kirkmeyer signed onto the measure as well, becoming a Senate sponsor along with Roberts.

Those exemptions were important to gathering the support of farm and real estate interests, among others, according to John Kolanz, an attorney who represents developers and who served in a state workgroup that helped lay the groundwork for the new regulations.

โ€œThere was significant movement from the first draft to the end. Barbโ€™s bill played a big role in that. This is an important program that touches a lot of people, and interests and activities. I think the end result is pretty good,โ€ Kolanz said.

Among the exemptions that were added is a rule that specifically exempts maintenance work on irrigation ditches and canals. Another exempts work that disturbs less than one-tenth of an acre of wetland or 3/100th of an acre of a streambed.

โ€œIf youโ€™re a developer โ€ฆ and youโ€™re under those thresholds, you donโ€™t need a permit, you just need to follow best management practices,โ€ said Kuhn, who was among the negotiators who hammered out the details of the final legislation.

In addition, if a pipeline is installed or a ditch is lined, that activity is exempted if it can result in water conservation.

House Bill 1379 also gives regulators the option to add one staff person on the Western Slope to help with program administration in that region, and provides nearly $750,000 in the state 2024-25 fiscal year budget and nearly $250,000 in the next year to get the new regulatory program, housed within the Colorado Department of Public Health and Environment, up and running.

Senateย  Bill 127 had proposed housing the program within the Colorado Department of Natural Resources, due to concerns about anย existing backlogย in the CDPHEโ€™s wastewater discharge program.

With the decision to house the program in CDPHE come requirements that require frequent reporting to lawmakers to ensure that health officials have the resources they need to review and issue permits, Kuhn said.

The Water Quality Control Commission will have until Dec. 31, 2025 to finalize the rules implementing the new law.

The bill is awaiting the governorโ€™s signature.

โ€œIn Colorado, where the rivers and streams are the lifeblood of our land, our agriculture, and our communities, the importance of water cannot be overstated,โ€ Kirkmeyer said in a text message. โ€œI believe that House Bill 1379 will be the strongest protection for Colorado streams and wetlands that we have had in the last 50 years.โ€

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

May 2024 #ENSO update: weโ€™re 10! — NOAA

Click the link to read the article on the ENSO blog (NOAA) website (Emily Becker):

May 9, 2024

El Niรฑo weakened substantially over the past month, and we think a transition to neutral conditions is imminent. Thereโ€™s a 69% chance that La Niรฑa will develop by Julyโ€“September (and nearly 50-50 odds by June-August). Letโ€™s kick off the ENSO Blogโ€™s tin anniversary with our 121st ENSO outlook update!

Attention!

First things first: our beloved editor, Rebecca Lindsey, has trained us all very well, including being sure to acquaint our newer readers with the fundamentals of the El Niรฑo/Southern Oscillation climate pattern, or ENSO. ENSO has two opposite phases, La Niรฑa and El Niรฑo, which change the ocean and atmospheric circulation in the tropics. Those changes start in the Pacific Ocean and affect global climate in known ways. El Niรฑo and La Niรฑa can be predicted many months in advance, giving us an early picture of potential upcoming temperature, rain, and snow patterns. When neither El Niรฑo nor La Niรฑa are present and conditions are more normal across the tropical Pacific, well, thatโ€™s ENSO-neutral conditions.

Hang 10

There was some discussion this week amongst our ENSO forecast team about whether El Niรฑo, much weakened already early last month, is still present. El Niรฑo is a coupled system, meaning the ocean and atmosphere both exhibit characteristic changes. The atmospheric half of El Niรฑo is harder to detect this month; most of the standard equatorial Pacific atmospheric indicators (rain and clouds over the tropical Pacific, trade winds and upper-level winds) were pretty close to average.

However, the April average sea surface temperature in the tropical Pacific was still 0.8 ยฐC above average according to theย ERSSTv5ย dataset (average = 1991โ€“2020). The latest weekly measurement, which comes from theย OISSTv2ย dataset, was 0.5 ยฐC above average. Given that theย El Niรฑo thresholdย is 0.5 ยฐC, the team decided weโ€™re right on the edge of the transition to neutral conditions.ย  We also canโ€™t rule out some lingering El Niรฑo impacts in otherย regions of the world.ย 

Animation of maps of sea surface temperatures in the Pacific Ocean compared to the long-term average over five-day periods from April through early May 2024. El Niรฑoโ€™s warm surface has weakening and a region of cooler-than-average sea surface temperature has appeared. NOAA Climate.gov, based on Coral Reef Watch maps available from NOAA View.

Once this El Niรฑo ends, it’s likely that our spell of neutral conditions wonโ€™t be a long one, with La Niรฑa expected to develop by the late summer and last through the early winter at least.

NOAA Climate Prediction Center forecast for each of the three possible ENSO categories for the next 8 overlapping 3-month seasons. Blue bars show the chances of La Niรฑa, gray bars the chances for neutral, and red bars the chances for El Niรฑo. Graph by Michelle L’Heureux.

Weโ€™ve seen a quick switch from El Niรฑo to La Niรฑa several times before in our 1950โ€“present record, especially after a strong El Niรฑo. This tendency is one source of confidence in the prediction that La Niรฑa will develop later this year.

2-year history of sea surface temperatures in the Niรฑo-3.4 region of the tropical Pacific for all strong El Niรฑo events since 1950 (gray lines) and the current event (purple line). Graph by Emily Becker based on monthly Niรฑo-3.4 index data from CPC using ERSSTv5.

Other factors that provide confidence that La Niรฑa is on the way include forecasts from computer climate models and cooler-than-average water under the surface of the tropical Pacific.

10-count

Even if the sea surface temperature in the tropical Pacific lingers near the El Niรฑo threshold for a few weeks, itโ€™s unlikely that there will be noticeable El Niรฑo impacts on global climate conditions this coming summer. Nat looked at how the winter turned out in the US in his recent post, but El Niรฑo causes changes in rain and temperature patterns all around the world, with related impacts on drought, food supplies, and flooding. You can look at El Niรฑo and La Niรฑaโ€™s global patterns of temperature and rain/snow throughout the seasons here.

To get some insight into how this past winter turned out in other regions, I checked in with Steven Fuhrman of NOAA Climate Prediction Centerโ€™sย International Deskย (footnote). Steven had this to say about the effects from El Niรฑo since December:

The rainfall difference from average for February 7โ€“May 6, 2024 for Africa. Brown areas indicate less rain than average, while green regions received more rain. Average is based on 2001โ€“2019. Map by climate.gov based on CPC ARC2 data.

While many El Niรฑo-related shifts in temperature and rain/snow are strongest during the Northern Hemisphere winter (Decemberโ€“February), some start earlier and last longer, especially in the tropics. One example is a tendency for drier and warmer conditions in central America and northern South America from September through March or April. Rebecca wrote aboutย the impacts on the Amazon Rainforestย back in the fall. Steven added this recap:

El Niรฑoโ€™s and La Niรฑaโ€™s shifts in temperature and rain impact communities around the world, including affecting global health and crop yields. This is why we spend so much time studying and predicting ENSOโ€”it can provide an early heads-up of the possibility of severe impacts and allow people time to prepare.

Double digits

Speaking of so much timeโ€”who would have thought when we launched this blog back in May 2014 that weโ€™d still have so much to say, 10 years later? In upcoming months, weโ€™ll keep you posted on the ENSO forecast and discuss some of the climate shifts that can be expected during La Niรฑa, including the likelihood of an active Atlantic hurricane season and drier winter conditions through the Southwest U.S. Also, I just checked our โ€œENSO Blog ideasโ€ doc, which currently runs five pages long, soโ€ฆ hereโ€™s to another 10??

Footnote

Fun fact: For many years, Steven and I have regularly donated blood at our local hospital, along with some of our friends. Thereโ€™s a national blood shortage in the U.S. right nowโ€”please consider visiting your local blood donor center!

Topsoil Moisture % Short/Very Short by @usda_oce #drought

22% of the Lower 48 is short/very short; 3% less than last week. Much of the US improved last week. Conditions declined in some states along the East Coast. Already dry soils dried out further in NM & CO.

Another fast, early melt in the southern mountains — Russ Schumacher (@ColoradoClimate Center)

Click the link to read the article on the Colorado Climate Center blog (Russ Schumacher):

May 8, 2024

As weโ€™ve covered in previous posts, the peak snowpack in Coloradoโ€™s mountains generally looked pretty decent this year, with the amount of water stored in the snow peaking pretty close to the long-term average in most areas. However, in the southern mountains, itโ€™s been another year where the melt has happened a lot faster than it typically has in the past.

Snow water equivalent in Coloradoโ€™s mountains with respect to the 1991-2020 median value, on (left) April 6, 2024, and (right) May 6, 2024. Source: USDA NRCS Interactive Map.

As of early April (left image above), all basins in Colorado had above average snow water equivalent, as measured by the SNOTEL network. But a month later (right image), the picture is quite different. The northern basins still look good, with a string of April snowstorms adding to the snowpack there. But southern Colorado largely missed those storms, and warm, sunny conditions, assisted by layers of dust on snow, really accelerated the melt. Cooler conditions this week will slow down the melt a bit, and a storm this weekend will add some much-needed moisture. But once the snow itself gets warmer than 32ยฐF, itโ€™s hard to slow the melt too much. The Rio Grande basin now only has half of the snowpack it typically does on May 6.

The time series graph for the combined San Miguel, Dolores, Animas, and San Juan river basins in the southwest corner of Colorado illustrates this nicely:

Time series of snow water equivalent in the combined San Miguel, Dolores, Animas, and San Juan basins, through May 6, 2024, as measured by the SNOTEL network. Source: NRCS Colorado Snow Survey.

The trace for 2024 reached essentially an average peak, and right on time: the peak was 18.1โ€ณ of SWE on April 2, compared to an average peak of 18.6โ€ณ on April 1. It also stayed near that peak for about another 10 days, but then the melting progressed extremely quickly. In fact, it was the largest 14-day loss of SWE before the end of April in this basin since the start of SNOTEL data in the 1980s.

Before going into those numbers, a quick note on snowpack melt rates. In absolute terms, the fastest melts come in years when there are big snowpacks that linger late into May or early June, like 2019. Eventually that snow canโ€™t stand up to the summer sun, and SWE goes away at a very fast rate. But in years like 2024, what weโ€™re interested in is the snow melting quickly, and early.

So here, weโ€™ll look at the largest two-week declines in SWE prior to the end of April, and we see that the combined southwest river basins lost over 8โ€ณ of snowpack from April 12-26 this year. That much melt so early hasnโ€™t been observed before. The Upper Rio Grande and Arkansas basins also saw their largest 14-day SWE declines prior to April 30.

Table showing the largest 14-day declines in SWE prior to April 30 at the SNOTEL stations in the San Miguel-Dolores-Animas-San Juan; Upper Rio Grande; and Arkansas basins. Data source: NRCS Snow Survey.

If you look on the bright side, you canโ€™t get rapid melts like this without a good snowpack to begin with. At least, unlike some really bad drought years, the water was there in the first place! But early melts have big implications for the timing of water availability. It means higher-than-normal streamflows in May, but then much lower streamflows later during the heat of summer, when the water is really needed, especially by those who donโ€™t have access to water stored in reservoirs. And the overall water availability situation for this spring and summer isnโ€™t looking great in southern Colorado, with the latest CBRFC forecast projecting only 90% of average flow into Blue Mesa Reservoir, 74% of average on the Animas, and 80% of average into Lake Powell.

And unfortunately, years like this have been getting more common, and that trend is expected to continue as the climate warms. These changes are addressed in detail in the water chapter of Climate Change in Colorado, so dive in to that for more details. But in general, the changes observed up to this point have been toward modest declines in peak snowpack, but robust trends toward earlier melting, and these changes have been most acute in southern Colorado. For the future, there is still considerable uncertainty about what will happen to winter precipitation: some climate projections show more winter snow, others less. But every one of them shows a shift toward earlier snowmelt, and earlier peak streamflow on the Colorado River, meaning changes to when and where our water supply is available. In other words, we might need to get used to the snowpack looking pretty good in the southern mountains in March, but being disappointed in the numbers when May comes around.

The #RioGrande flowing on a windy day — @AlamosaCitizen

Water that used to irrigate #Granby hay fields to return to #ColoradoRiver and Grand County lakes — Sky-Hi News #COriver #aridification

Willow Creek Reservoir.

Click the link to read the article on the Sky-Hi News website (Emily Guitierrez). Here’s an excerpt:

May 7, 2024

Grand County and Northern Colorado Water Conservancy District, otherwise known as Northern Water, have agreed to work together on an operational framework that will give Grand Countyโ€™s waterways as much as 7,000 acre-feet of additional controllable water from the Colorado-Big Thompson Project for stream enhancement. The volume available for streamflow improvement will be dependent on annual river conditions and C-BT Project storage levels. The agreement was approved by the Grand County Commissioners on April 23.

Water made available under this agreement to the county will be released to the Willow Creek Reservoir or the Colorado River. This water will supplement existing flows and could accumulate to nearly 40,000 acre-feet over the course of a decade, according to a joint news release from Grand County and Northern Water…Prior to 2005, this water was used for irrigation of hay fields near the town of Granby. However, the lands have since been converted for residential and commercial development. This additional water will benefit Grand Countyโ€™s recreation and agriculture industries.

Digging into Snow Survey History — Fresh Water News

Photo Caption: Two men surveying for the Federal-State Cooperative Snow Surveys, Division of Irrigation, Soil Conservation Service, USDA, J. G. James, photographer, undated. From the Irrigation Research Papers, Water Resources Archive, Colorado State University Libraries. https://hdl.handle.net/10217/180131

Click the link to read the article on the Water Education Colorado website (Patty Rettig):

May 7, 2024

After trekking on skis up a mountain, two men unpack equipment, use a long metal tube to take a snow sample, weigh it, and record the measurement. Captured on 16mm film in the mid-twentieth century, the men demonstrate the most advanced snow survey techniques of their time, providing us a fascinating glimpse into the past.

Three such filmsโ€”one of which is undated, with the others being from about 1941 and 1952 (narrated and in color!)โ€”held by the Colorado State University Water Resources Archive, when considered with related photographs, reports, data, and letters, reveal an important part of the story of the development of snow surveying and water supply forecasting in the western United States.

Federal coordination of snow surveyingย began in the 1930s, after several decades of individual states and institutions independently taking measurements. Though Nevada and Utah are recognized as the pioneering states, in 1902 Coloradoโ€™s state engineer hiredย Enos Millsย as the stateโ€™s first snow surveyor. Several of hisย 1903 and 1904 lettersย in CSUโ€™sย Agricultural and Natural Resources Archiveย provide insight into how monitoring snowpack started here.

Two men measuring snow, undated. From the Irrigation Research Papers, Water Resources Archive, Colorado State University Libraries. https://hdl.handle.net/10217/178534

By the mid-1930s, following the drought of the early part of the decade, interest grew in having water supply predictions. The U.S. Department of Agriculture took on snow surveying and water forecasting not only to benefit irrigators who relied on the forthcoming snowmelt, but also to support the economic interests of industry and hydropower as well as predict stream flooding.

In Colorado, Ralph Parshall, as senior irrigation engineer at the USDA branch in Fort Collins (and best known for the Parshall flume), contributed to the emerging Federal-State Cooperative Snow Surveys in a number of ways. Parshallโ€™s materials in bothย his archival collectionย andย his teamโ€™s filesย document his active participation over more than a decade. These include letters and drafts related to severalย Colorado River Water Forecast Committee meetings, including the first, held in 1945 and at which Parshall presided. Aย published draftย of those proceedings can be found in the Water Resources Archiveโ€™sย Groundwater Data Collection.

Trail Ridge Road, Ralph Parshall and Park Ranger Jones, May 1941. From the Groundwater Data Collection, Water Resources Archive, Colorado State University Libraries. https://hdl.handle.net/10217/23340

Also among Parshallโ€™s materials, a few dozen photographs of snow courses and related images also exist, some of which remain to be digitized. Additional photographic materials in other collections include slides showing Parshall and others conducting snow surveys at Cameron Pass and in Rocky Mountain National Park, as well as a set of about 100 images (not digitized) taken during winter and spring months at McNey Hill in northern Colorado. This set reveals a decade-long photography project involving both Ralph Parshall and his son Max.

A collection from theย Colorado Snow Survey Program of the Natural Resources Conservation Serviceย contains two boxes of photographic materials. These images show snow survey sites and equipment, agency employees, and public outreach events. Two of the films referenced above also are in this collection. The NRCS, having evolved from the USDA division that Ralph Parshall was part of, began operating the first SNOTEL (SNOpack TELemetry) site in 1977. This automated system of collecting snow and weather data greatly furthered the field, especially for remote sites where access is difficult.

Patricia Rettig, Associate Professor, Libraries, Colorado State University, March 29, 2022

The science, methods, and equipment related to measuring snowpack and estimating water content have continued to evolve. In the Water Resources Archive, documentation of snow hydrology studies as well as aerial snowpack measurement is also available for research.

Additional collections in the Water Resources Archive also touch in part on snow surveying and can be found through browsing ourย research guide. All of our materials are available for use by the public, and assistance can be provided in person at CSUโ€™s Morgan Library or remotely.

Patty Rettig is the archivist for the Water Resources Archive at the Colorado State University Libraries. Over more than 20 years, Rettig has built the archive to hold over 130 distinct collections documenting Coloradoโ€™s water heritage by engaging with the water community across the state. She is happy to help anyoneย dive inย to archival research!

2024 #COleg: Roberts, Dems Strike Deal on Regulating Critical Wetlands as Kirkmeyer โ€˜Lets Water Bill Goโ€™ — #Colorado Times-Recorder

A wetland along Castle Creek. Photo credit: Brent Gardner-Smith/Aspen Journalism

Click the link to read the article on the Colorado Times-Recorder website (David O. Williams):

May 7, 2024

For state Sen. Dylan Roberts (D-Frisco) โ€œprotecting and securing our water future is the most important issue and biggest challenge facing our state for the next several decades.โ€

So as the current legislative session circles the proverbial drain, heโ€™s been pushing hard to secure funding for water projects, enact the recommendations of theย Colorado River Drought Task Force, and, perhaps most critically, replace wetlands protections stripped away by the Trump-stacked U.S. Supreme Court in last yearโ€™s highly controversialย Sackett v. EPA decision.

That ruling, which backed an Idaho couple who didnโ€™t want to get a U.S. Army Corps of Engineers wetlands dredging permit, gutted decades of federal Clean Water Act protections for fully two-thirds of Coloradoโ€™s vital wetlands and streams, according to Colorado Attorney General Phil Weiserโ€™s brief filed in support of those protections.

Colorado lawmakers this session stepped into that regulatory void with two competing bills โ€“ a rarity in the Colorado Legislature, according to Roberts. The Regulate Dredge and Fill Activities in State Waters bill (HB24-1379), sponsored in the House by Speaker Julie McCluskie (D-Dillon) requires a rulemaking by the Colorado Department of Health and Environmentโ€™s Water Quality and Control Division to permit dredge and fill activities on both public and private land.

The competing bill (SB24-127) from Republican state Sen. Barb Kirkmeyer (R-Brighton) known as the Regulate Dredged & Fill Material State Waters bill, was backed by the Colorado Association of Homebuilders. Environmental groups and some Democrats said the Kirkmeyer bill fell short of replacing longstanding federal protections for wetlands for several reasons.

โ€œWe reached an agreement with Sen. Kirkmeyer and some of the folks that she was working with on her bill,โ€ Roberts said in a phone interview. โ€œShe is going to join me as the co-prime sponsor on the bill with the Speaker and let her Senate bill go. So, weโ€™ve gotten to a really good place โ€ฆ We just made a few final amendments that got Kirkmeyer on board, but the environmental advocates are very pleased with where we stand.โ€

On Monday, the full Senate passed the new version of HB24-1379 and sent it back to the House, which then repassed it after considering amendments.

โ€œWe could not be more proud of the fact that Colorado is the first state in the nation to pass legislation that restores protections to our wetlands and streams that were overturned by Trumpโ€™s Supreme Court,โ€ Conservation Coloradoโ€™s Senior Water Campaign Manager Josh Kuhn wrote in an email. โ€œOur coalition and the bill sponsors worked to negotiate several significant compromises that led to the legislation we see today, and it remains a win for the environment.โ€ Proponents hope the Colorado bill will become a national model.

Two of Kuhnโ€™s biggest criticisms of the original Kirkmeyer bill was its โ€œpolitical lineโ€ saying waters outside of 1,500 feet from the historical floodplain would be unprotected, and its regulatory structure requiring a new agency in the stateโ€™s Department of Natural Resources.

โ€œThatโ€™s not in our House bill,โ€ Roberts said. โ€œOur House bill is much more based on the actual wetland and the connection to Colorado waters and basically what the Army Corps was doing. So, the arbitrary line in the Kirkmeyer bill was a huge problem, and that is certainly not in the House bill. And itโ€™ll stay with CDPHE, the Water Quality Control Commission.โ€

Asked if there was a concerted development industry effort to muddy the waters with the competing bill filed before the Speakerโ€™s House bill, Roberts had this to say:

โ€œIt was an interesting tactic,โ€ he said. โ€œA lot of state legislatures, and obviously Congress does this, where there are similar bills that start in opposite chambers and they kind of compete with each other. That doesnโ€™t normally happen here, but it was kind of interesting to have it play out that way this year.โ€

Roberts is also a bipartisan co-prime Senate sponsor withย Sen. Cleave Simpson 9R-Alamosa) of a bill (HB24-1436) โ€“Sports Betting Tax Revenue Voter Approval โ€“ that refers to a ballot measure asking voters in November if the state can spendย additional sports betting tax revenue (above the current $29 million annual cap) on water-conservation projects. The bill passed out of both chambers and now heads to the desk of Gov. Jared Polis for his signature.

First established by voter approval of Proposition DD in 2019, the Water Plan Implementation Cash Fund goes toward water storage and supply, agricultural projects, and watershed health and recreation projects.

โ€œIf we donโ€™t [pass HB24-1436], weโ€™ll have to refund the excess to the casinos,โ€ Roberts said. โ€œSo I hope itโ€™s a really easy question for voters, and that they would prefer the money go to water rather than back to the casinos.โ€

Roberts was also the sponsor of the annual water projects bill, which allocates $56 million to the Colorado Water Plan and various water infrastructure projects. More than half of that money currently comes from sports betting, and this year $20 million of it will go toward acquiring the Shoshone power plant water right from Xcel Energy to keep that non-consumptive right on the Western Slope for farmers, boaters, and aquatic life along the endangered Colorado River.

Finally, Roberts was co-prime Senate sponsor, along with Sen. Perry Will, R-New Castle, of SB24-197 (Water Conservation Measures) that implements several key recommendations of the Colorado River Drought Task Force, including the ability to loan water to an instream flow loan program for stream health and restoration, as well as protections for agricultural water. 

The bill, which has cleared both the Senate and the House, will also allow power companies near the Yampa River in Northwest Colorado to temporarily loan their water to the river while they explore different types of energy development in a post-coal world, as well as enhance the ability of Coloradoโ€™s native tribes to get more funding for water projects using historic water rights. 

Colorado Rivers. Credit: Geology.com

Middle school students raise, release trout — #PagosaSprings Sun

One of Pagosa Springs’ oldest parks, Town Park straddles the San Juan River in the heart of downtown Pagosa Springs. The site of many events, Town Park is by far one of the most popular parks in Pagosa Springs. Photo credit: Town of Pagosa Springs

Click the link to read the article on the Pagosa Springs Sun website (Randi Pierce). Here’s an excerpt:

Ons Thursday, May 2, 2024 sixth- graders in Terri Lindstromโ€™s Pirate Time advisory class rolled a cooler down to Town Park, then carried it to the edge of the river. There, the students used river water to acclimate the temperature of the water in the cooler โ€” the transport for 75 rainbow trout fin- gerlings who were being taken to be released in the San Juan River.

As they waited for the fish to acclimate, the students read messages they wrote after spending the school year helping and watching the fish grow.

Lindstromโ€™s class raised and released the fingerlings through a partnership with the Trout in the Classroom program and Trout Unlimited…

โ€œThe purpose of the program is to give students the opportunity to ex- plore water quality,โ€ Lindstrom wrote, explaining the students kept track of the water temperature, count and weight of the fish.

Four to five fish were pulled from the tank each week and weighed be- fore being returned, she notes. That allowed students to calculate the average weight per fish, which then allowed them to calculate 2 percent body weight of all the fish in order to know how much to feed them.

Utah pols continue anti-public land buffoonery: And a new study predicts bigger future flows for the #ColoradoRiver — Jonathan P. Thompson (landdesk.org) #COriver #aridification

An anti-BLM sticker (referring, presumably, to the federal land agency, not the Black Lives Matter movement) at another Phil Lyman rally against โ€œfederal overreachโ€ and motorized travel closures in southeastern Utah back in 2014. Photo credit: Jonathan P. Thompson/The Land Desk

Click the link to read the article on The Land Desk website (Jonathan P. Thompson):

May 7, 2024

๐Ÿคฏ Annals of Inanity ๐Ÿคก

INANE ACT: Utah State Rep. and gubernatorial candidate Phil Lyman and Lynn Jackson, a candidate for Lymanโ€™s seat in the legislature, turn a protest of the proposed closure of Arch Canyon to motorized vehicles and ban on target shooting within Bearโ€™s Ears National Monument into a grievance and victimhood campaign rally and a lot of whining about โ€œfederal overreach.โ€ 

CONTEXT: Bears Ears National Monument is rightly named after the two Wingate-sandstone capped buttes that rise up from the middle of the 1.3-million-acre swath of public land in  southeastern Utah. Yet if I were to pick a heart of the monument, Iโ€™d be more likely to lean toward Arch Canyon, which starts on Elk Ridge near the buttes and slices a deep, 12-mile-long gorge through Cedar Mesa before joining up with Comb Wash under a grove of tall cottonwoods. My family and I used to camp under those trees when I was a kid, and weโ€™d hike up the canyon, following the perennial stream that was alive with flannelmouth suckers, tadpoles, and water striders, gazing up at cliff dwellings nestled in tiny alcoves high up on the sheer, desert varnish-streaked cliffs.

Back then cattle were allowed to graze in the canyon, trampling the stream banks and taking refuge in โ€” and pooping on โ€” an Ancestral Puebloan site near the canyonโ€™s mouth. Thankfully, a hard fought legal battle eventually got the cattle removed from Arch Canyon and a few other nearby canyons. But there is also a road up the canyon bottom, and on those long-ago hikes weโ€™d occasionally encounter a jeep or Land Cruiser. The road remains,ย allowing OHVs to roar eight miles up the canyon, crossing the creek multiple times in the process.ย 

The draft Bears Ears National Monument management plan proposes closing Arch Canyon to motorized vehicles to protect the riparian corridor and the natural and cultural sites there, and because it just makes sense to do so. Itโ€™s the only significant motorized closure under the planโ€™s preferred alternative, meaning about 800,000 acres would remain open to motorized travel on designated routes. The plan would also ban target shooting throughout the monument. There would be almost no changes to the existing grazing regime. 

Basically, land managers and the Bears Ears Commission are looking to close an eight-mile dead-end road to protect a spectacular canyon, one of the areaโ€™s only perennial streams, and imperiled native fish, while leaving hundreds of miles of other roads and trails open to OHVs. And they want to nix recreational shooting to prevent people from shooting up landforms and petroglyphs โ€” hunting will still be allowed.

It doesnโ€™t seem like a lot to ask. Yet for this, the likes of Lyman and Jackson are skewering these land protectors as โ€œoverlords,โ€ and are urging their followers to band together because they are โ€œgoing up against a monster. โ€ฆ You have to fight back, you have to have the stomach to fight back.โ€ Jackson added: โ€œYou canโ€™t compromise.โ€ 

Not only is this Trump-esque rhetoric dangerous, but itโ€™s also inaccurate. It willfully ignores the fact that the proposed management plan is itself a deep compromise, leaving out many of the protections Indigenous and environmental advocates want. In fact, the preferred alternative is remarkablyย unrestrictive and, some would say, miserably fails in its mission to protect this special landscape.ย 

But admitting that land managers are far from overlords, and instead are bending over backwards to appease even the uncompromising likes of Lyman and Jackson, wouldnโ€™t fit with Lymanโ€™s preferred narrative of grievance and victimhood. Nor would it rile up his similarly minded base. And in the end this new breed of Republicans is far more interested in riling than in governing; in inciting anger and obstruction rather than in seeking solutions.ย 

The arrogance of the off-road vehicle lobby — Jonathan P. Thompson January 2, 2024

The AI intern made this. Not terrible, I guess. Credit: Jonathan P. Thompson/The Land Desk

In a rather predictable โ€” but still maddening โ€” move, the off-road-vehicle lobby is suing the Bureau of Land Management over the agencyโ€™s Labyrinth Canyon and Gemini Bridges travel plan for off-highway vehicle use. The BlueRibbon Coaltion, Colorado Off-Road Trail Defenders, and Patrick McKay are challengingโ€ฆ

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๐Ÿฅต Aridification Watch ๐Ÿซ

Could global heating actually increase precipitation in the Colorado River Basin? Perhaps, according to a new study out of the University of Colorado, and a forecasted uptick in snow and rain should partially offset the effects of warming temperatures on river flows. The researchers say thatโ€™s because โ€œprecipitation has, and will likely continue to be, the main driver of the river flow at Lee Ferry.โ€

“We find it is more likely than not that Lee Ferry flows will be greater during 2026-2050 than since 2000 as a consequence of a more favorable precipitation cycle,” said Martin Hoerling, the paper’s lead author, in a press release. “This will compensate the negative effects of more warming in the near term.”

The 1896โ€“2022 departure time series of water-year Lee Ferry flow (top, maf), and Upper Colorado River Basin averaged temperature (middle, ยฐC) and precipitation (bottom, mm). Departures are relative to the entire period mean (values indicated in the upper left).

This relatively rosy finding is based on a suite of climate models, including ones from the International Panel on Climate Change, that forecast a 70% chance of increased precipitation in the Upper Colorado Basin in coming decades. But water managers probably shouldnโ€™t abandon efforts to cut consumption on the River just yet: 70% isnโ€™t exactly a sure thing; the researchers acknowledge that thereโ€™s also a chance that precipitation could stay as miserably low as it has been for the past two decades, or even decline. 

And Brad Udall, a CU climate scientist who was not involved in the study, toldย KUNCโ€™s Alex Hagerย that he has a bit of โ€œuneaseโ€ regarding the projections, adding that modeling future precipitation is filled with uncertainty. Temperature modeling, meanwhile, uses different methods and is therefore more reliable: Itโ€™s going to keep getting warmer.ย 

Time series of 1920โ€“2050 Upper Colorado River Basin precipitation departures (%, top) and surface temperature departures (ยฐC, bottom). Shown in the lighter curves are the individual member simulations of the 38 CMIP6 model simulations, and the 220 members from the 5 different large ensemble simulations. Departures are relative to a 2000โ€“2020 reference. Observed departures for 1920โ€“2020 are shown in dotted black curve. All curves smoothed with a 9-point running-mean.

And those higher temperatures can erase some of the gains from higher precipitation levels, as this winter and spring demonstrated. Even though there was a normal amount of snowfall in many places, this springโ€™s runoff is expected to be below normal thanks to aย rapid snowmelt.ย