Colorado Water Congress 51st Annual Meeting

January 30, 10:51 AM

by John Orr, Colorado Water Examiner

The Colorado Water Congress' 51st Annual Meeting -- that will wind up today at the Hyatt Regency Tech Center -- is titled, "Water Buffaloes in the Mist: On Solid Ground in an Uncertain Time." The breakout sessions run from environmental issues through water law to the economy and infrastructure. 

Here are some highlights from yesterday:

Transition to Green

Panel members for this session were: Drew Peternell, Colorado Trout Unlimited; Becky Long, Colorado Environmental Coalition; Amy Beatie, Colorado Water Trust; and Tom Iseman, The Nature Conservancy.

During the Q&A the panelists were asked about the effects of climate change on their relationship with water providers, industry and consumptive use in general. Long said, "We don't have matching tattoos but we're hanging out a lot more now."

When asked about storage projects Peternell told attendees that TU is not against all storage projects but each has to stand on its own and weigh environmental requirements fairly.

A recent example was the filing by the Pagosa Area Water and Sanitation District for their proposed Dry Gulch Reservoir. Colorado Trout Unlimited filed an objection in water court claiming that the size of the reservoir was not in line with projected growth and that the planning horizon of 100 years was too long.

PAWSD got their decree but the Colorado Supreme Court said no, agreeing with TU.

The BLM and Forest Service are currently reviewing several Colorado stream segments for Wild and Scenic designation. The Colorado River District and others are trying to get support for a program that would manage those river segments as Wild and Scenic without pursuing actual designation.

Peternell said that that type of arrangement is acceptable to TU.

http://www.examiner.com/x-395-Colorado-Water-Examiner~y2009m1d30-Colorado-Water-Congress-51st-Annual-Meeting

PitCo seeks to leave more water in Roaring Fork

by Brent Gardner-Smith, Aspen Daily News Staff Writer

Pitkin County is taking unprecedented steps to keep more water flowing down the Roaring Fork River for environmental purposes.

In November, county voters approved a 0.1 percent sales tax worth $1 million a year to create a “healthy rivers and stream fund” to “secure, create, and augment minimum stream flows.”

“I am not aware of any other Colorado county putting in place a tax similar to what Pitkin County has done,” said Linda Bassi, the chief of the Stream and Lake Protection division of the Colorado Water Conservation Board (CWCB). Ken Neubecker, the president of Colorado Trout Unlimited, also supported the trust agreement between the CWCB and Pitkin County.

“I do think it’s a good idea to have such a trust, whether it’s with the CWCB or the Colorado Water Trust,” Neubecker said. “We need to have financial vehicles where money can be raised for acquisition of in-stream flow water.“

http://www.aspendailynews.com/section/home/131954

Colorado & Western Water Project Staff Notes

January 2009

Denver Post ran a story on aging dam infrastructure upgrades and on win-win partnership projects that improve both dam safety and fish habitat, with TU and Western Water Project state directors prominently featured. As Laura Ziemer, TU’s Montana Water Project Director, said in the piece, “We’re trying to get out of the fish vs. farmer box.”

http://www.denverpost.com/headlines/ci_11424920

The water court signed the decree for the reserved water right for the Black Canyon of the Gunnison National Park. This brings to an end one of the longest running water fights in Colorado history. The Park Service now owns a recognized and enforceable water right for peak, shoulder and base flows for the Black Canyon.

http://www.gjsentinel.com/hp/content/news/stories/2009/01/11/011209_1a_Black_Canyon_water.html

Colorado Water Project (CWP) has been reviewing and commenting on a bill to be introduced in the 2009 Colorado General Assembly legislative session that would allow small-scale precipitation harvesting on a pilot basis.

http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont/7EBE1FD8BEB4A0088725753C0061EF02?Open&file=1129_01.pdf

We are supporting a bill this legislative session that would create a state income tax credit for parties who donate water rights to the CWCB for instream flow use.

http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont/42FD0147CD5E7D6E87257537001A2E85?Open&file=1067_01.pdf

The Colorado Water Conservation Board (CWCB) will hold a hearing in January to establish rules implementing the Instream Flow Rules legislation we passed last legislative session. We have submitted pre-hearing comments.

CWP submitted comments on the Windy Gap Firming Project (WGFP) Draft Environmental Impact Statement (DEIS) to the Bureau of Reclamation and the Army Corps of Engineers. The Environmental Protection Agency (EPA) also reviewed the DEIS and gave the project a rating of “Environmental Objections – Insufficient Information (EO-2)”. This rating signifies that EPA has identified significant environmental impacts that should be avoided in order to adequately protect the environment.

http://www.cotrout.org/Conservation/WindyGapCommentExt/tabid/310/Default.aspx

CWP has been working with the Colorado Division of Wildlife throughout 2008 to develop instream flow recommendations on several stream segments that support populations of either Colorado River or greenback cutthroat trout. These recommendations will be submitted to the CWCB for their consideration. This action will initiate a state process that should result in the CWCB’s appropriation of instream flow water rights on these streams. The CWCB is the only entity in the state of Colorado that can hold an instream flow water right.

CWP and Colorado Trout Unlimited continue to participate in a “Shared Vision Planning” (SVP) process on the North Fork Cache la Poudre River near Ft. Collins, Colorado. The SVP process is intended to facilitate a common understanding of a natural resource system and provide a consensus-based forum for stakeholders to identify tradeoffs and new management options. Our objective is to work within the context of the Halligan-Seaman Water Management Plan to improve environmental stream flows in the North Fork and mainstem Poudre River. http://halligan-seaman.org/page.asp?pgID=48

Unusual alliances give dams upgrades

Conservationists, farmers and governments work together so that everyone benefits.

By Mark Jaffe The Denver Post

Posted: 01/11/2009 12:30:00 AM MST

When the 70-year-old Ruby Reservoir dam in southwestern Montana was seeping and needed a $12 million upgrade, it found an unexpected backer — Trout Unlimited.

Conservation groups such as Trout Unlimited are usually opponents of irrigation dams, which help farmers and block the free flow of rivers.

But in the case of the Ruby dam — and similar projects across the West — conservation groups are helping to finance dam rehabilitation with an environmental component.

In Colorado, the Nature Conservancy helped obtain $13.2 million for the Elkhead Reservoir on the Yampa River. In Idaho, Trout Unlimited obtained a $375,000 grant for conservation measures for a dam project on the Snake River.

"We are trying to get out of the fish vs. farmer box," said Laura Ziemer, director of Trout Unlimited's Montana water project.

http://www.denverpost.com/headlines/ci_11424920

Decree gives park water right

By DAVE BUCHANAN GJ Sentinel Sunday, January 11, 2009

The last day of 2008 also brought the end of Colorado’s longest-running water-rights contest.

On Dec. 31, state water court Judge Stephen Patrick in Montrose signed a decree finalizing a water right for the Black Canyon of the Gunnison National Park.

The decision recognizes a year-round base flow of 300 cubic feet per second along with seasonal peak and shoulder flows, echoing the natural rise and fall of the river, depending on water availability.

“This landmark ruling acknowledges that the Gunnison River offers recreational and natural resource benefits that deserve protection,” said Drew Peternell, director of Trout Unlimited’s Colorado Water Project.

http://www.gjsentinel.com/hp/content/news/stories/2009/01/11/011209_1a_Black_Canyon_water.html

Major news coming in '09 ... NOT

By DAVE BUCHANAN Some of the stories we’re going to watch for in 2009 but probably won’t find:

Forest Service, BLM hand reins to Trout Unlimited: In an admission that their land-management policies under the Bush administration have been dominated by the extractive industry, the U.S. Forest Service and the Bureau of Land Management have opted to turn over all management of public lands to the conservation group Trout Unlimited.

“Hey, those guys in Washington were only in it for the money,” said one BLM employee. “Finally, with a new administration, I can go back to managing the land for the resources itself, not for the energy companies or logging companies.”

Trout Unlimited has long been an advocate of conserving, protecting and wise management of natural resources.

“Gee, thanks,” said a TU spokesman.

http://www.gjsentinel.com/hp/content/news/opinion/stories/2009/01/05/010409_6B_OUTdoors_column.html

Water Court Finalizes Decree to Benefit Black Canyon of the Gunnison National Park

January 7, 2009MONTROSE, CO – Last week, the water court in the Gunnison River basin entered a decree formally adopting an agreement between the United States, conservationists, water users, the State of Colorado, and others that will recognize and protect water rights for river flows in Black Canyon of the Gunnison National Park. After more than 30 years of dispute, this action resolves one of Colorado’s most contentious water rights battles. The final settlement reached last year, which now has been blessed by the water court, creates a flow regime that includes annual peak flows and shoulder flows—tied to natural water availability—plus a year-round base flow of 300 cubic feet per second. Collectively, these elements are critical to the health of the Park and the Gunnison River. With the water rights decree in place, changes to the flow in the Gunnison River will be noticeable beginning with this spring’s runoff. “This agreement recognizes the importance of Black Canyon National Park and the need to preserve its spectacular resources for the benefit of present and future generations,” said Libby Fayad, representative for the National Parks Conservation Association. The flow regime will protect the water-dependent resources of the Black Canyon and help restore the ecological balance in the river system disrupted by three federal dams immediately upstream of the Park. The flows will create a healthier environment for a world class trout fishery, cleanse sediment deposits that have caused whirling disease in trout, clear woody debris, maintain the river channel, and greatly improve the aesthetics of a flowing river for hundreds of thousands of visitors from around the world each year. “This landmark ruling acknowledges that the Gunnison River offers recreational and natural resource benefits that deserve protection,” said Drew Peternell, director of Trout Unlimited’s Colorado Water Project. “The new flow regime will greatly benefit the ecology and visitor experience at the Park, protecting it as a national treasure,” added Wendy McDermott, Executive Director of the High Country Citizens’ Alliance.

For Immediate Release Contact: Bart Miller, Western Resource Advocates Ph.: (303) 444-1188, ext. 219 Drew Peternell, Trout Unlimited Ph: (303) 440-2917, ext. 102 Steve Smith, The Wilderness Society Ph: (303) 650-5818, ext. 106 Libby Fayad, National Parks Conservation Ph: (202) 454-3306 Andy Spielman, Hogan and Hartson Ph. (303) 454-2476

More Colorado River water on tap for county

Windy Gap project draws fire from environmentalists

By Laura Snider (Contact) Friday, December 26, 2008

“Our major concern is that they haven’t looked at the cumulative effects,” said David Nickum, executive director of Colorado Trout Unlimited in Boulder. “(The project) could make every year look like a dry year.”

http://www.dailycamera.com/news/2008/dec/26/more-colorado-river-water-tap-county/

Big debate over Little Mountain

By JEFF GEARINOSouthwest Wyoming bureau/Jackson Hole Star Tribune

Conservationists, sportsmen, blue-collar workers and church-goers formed a loose coalition in 2008 to fight development on Little Mountain. Groups including the Wyoming Wildlife Federation and Trout Unlimited filed protests on BLM lease sales in August and December.

http://www.jacksonholestartrib.com/articles/2009/01/01/news/wyoming/8599bc58612b69c2872575310026763f.txt

Sportsmen polled on effects of oil and gas development on fish and game

71 percent say fish and game need more federal protection By Phillip Yates pyates@postindependent.com Glenwood Springs, CO Colorado

“I think what the poll really does is that it confirms what our position as Trout Unlimited’s has always been, which is that we are not against oil and gas development, but that it needs to be done responsibly and (thrives) with existing land uses,” said Corey Fisher, energy field coordinator for Trout Unlimited.

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