Ask Your Representative to Protect Colorado's Wetlands and Waters - Vote YES on HB 24-1379

Speaker Julie McCluskie, with co-sponsors Senator Dylan Roberts and Representative Karen McCormick, has introduced state legislation (HB 24-1379)  that would restore critical protections to Colorado’s at-risk wetlands and waters.  The legislation was drafted in direct response to a U.S. Supreme Court decision last year to impose the biggest rollback of the Clean Water Act since its inception in 1972. The Court’s decision essentially eliminated protections for certain wetlands and other critically important waters, including streams that don’t flow consistently year-round.

Without state-level protections, many of Colorado’s critical wetlands and streams could be polluted, filled in, paved over, and destroyed without abiding by the Clean Water Act pollution control and mitigation requirements that have protected them for the past 50 years. Degradation of these wetlands and waterways can jeopardize fisheries, drinking water supplies, and other ecosystem benefits such as flood mitigation, wildfire resilience, and wildlife habitat.

HB 24-1379 will:

• Restore protection for critical Colorado wetlands and waters undermined by last year’s Supreme Court decision;

• Require impacts to be avoided, and only if they cannot be avoided, to be minimized and mitigated, with clear and consistent guidance for compensatory mitigation to ensure that watershed values and functions are maintained;

• Establish a fair and transparent permitting process, including general permits that can streamline approval for classes of activities (such as restoration) that have no or minimal adverse impacts; and

• Secure clear mechanisms for strong enforcement to protect Colorado wetlands and streams.

Colorado has lost about 50% of its wetlands to development since statehood, so protecting what remains is a necessity. Under the US Supreme Court decision, many of those wetlands could be lost or degraded, along with the approximately 24% of Colorado streams that run seasonally (intermittent) and 45% that flow only in response to rain or snow (ephemeral).

Please take a moment today to contact your State Representative and ask them to support HB 24-1379, and to oppose any amendments that would weaken its protection for Colorado’s wetlands and waters.  You can use the provided email template to send your comments, including editing to incorporate your own personal experiences with Colorado wetlands, headwaters, and feeder streams.

Help Good Samaritans Restore Mine-Impaired Streams

Nationwide there are an estimated 500,000 abandoned mines - mines with no one remaining that is responsible for clean-up – 33,000 of which are known to be causing environmental damage. More than 110,000 miles of streams are listed as impaired for heavy metals and/or acidity, and abandoned mines are a major source of these impairments due to acid-mine drainage with toxic metals, such as mercury, lead and arsenic.  Many willing partners could bring expertise and resources toward restoring these mines sites as Good Samaritan project managers, but are unable to do so because they could become liable for the underlying pollution from those mines - even though they were not responsible for creating the problem, only helping to improve it.

Under current law, Good Sams, including Trout Unlimited, can and do voluntarily undertake projects to clean up “non-point-source” abandoned mine pollution, such as moving contaminated waste rock piles away from streams. However, under the Clean Water Act, groups wanting to take on “point-source” mine cleanups—where toxic drainage is discharging directly from the mine opening —face daunting obstacles, including complicated permitting and long-term legal and financial liability for any remaining mine pollution. This has slowed Good Sam projects for such draining mines to a virtual standstill.

Fortunately, bipartisan leaders in the House of Representatives are working to enable Good Sams to tackle restoration without taking on such perpetual, open-ended liability.  Representatives Maloy (R-UT) and Peltola (D-AK) have introduced bipartisan legislation – HR 7779, the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 – which would establish a pilot program for the Environmental Protection Agency to issue permits to qualified nonprofit groups and other third parties to tackle cleanups of abandoned mine sites, in part by providing targeted, limited liability protection. Permits would make Good Sams responsible for their own actions and for completing cleanup work to the standards in their permits – but shield them from the large and perpetual liability for the mine’s pollution itself. This legislation mirrors a bill in the Senate that has 33 bipartisan cosponsors, including Senators Bennet and Hickenlooper.

The challenge of abandoned mines is very significant for Colorado. A study by the State Division of Reclamation Mining and Safety showed over 250 draining mines in Colorado with 148 likely degrading downstream water quality. The pilot program represents a vital first step in empowering Good Sam partners to help address these sites and improve water quality for the benefit of fish, wildlife, and downstream communities.

Please ask your Representative to support HR7779 and to cosponsor this bipartisan, common-sense legislation to help watersheds in Colorado and across the nation.  You can use our email template to share your comments, and customize your note if you wish by adding reference to specific waters that are important to you.

The New Spring Issue of High Country Angler is Live!

Your new Spring 2024 issue of High Country Angler is here!

Check out the Spring 2024 issue of High Country Angler e-zine, including these stories:

• Landon Mayer talks about identifying trout ‘paddles’ with Tails Up Tips;

• Brian LaRue goes international with Costa Rican Jungle Tarpon Adventure;

• Colorado TU Staff celebrates its annual River Stewardship Gala and the honoring of Bob and Suzanne Fanch with Protecting the Headwaters;

• Jackson Temme writes about the Costa 5 Rivers program with CU Boulder Club Highlight;

• Peter Stitcher with How to Master the Davy Knot;

• Other columns by Hayden Mellsop, Joel Evans, Greg Hardy, Celia Sheneman, and the Old Professor!

March 2024 Currents

THIS MONTH’S ISSUE OF CURRENTS FEATURES Speaking for Trout, Protecting the Headwaters, Restoring the Kawuneeche Valley, and More!

Restoring the Kawuneeche Valley

Trout Unlimited Joins Collaborative Effort in Rocky Mountain National Park

By Celia Sheneman

If you have ever driven over Trail Ridge Road through Rocky Mountain National Park, then you have probably enjoyed the serenity and scenery of the beloved Kawuneeche Valley, which lies just inside the Grand Lake entrance to the Park. The headwaters of the Colorado River flow through this landmark valley at the start of its epic journey to Mexico. The Valley is a vital part of the Upper Colorado River watershed, playing significant roles in flood mitigation, drought mitigation, and wildlife habitat. Once a lush, percolating riparian wetlands teeming with birds, bugs, trout, and beaver split by a meandering stream that frequently flooded the meadow, the Valley has now lost more than 75% of its tall willows and with that the beavers that sustained its wetlands. What was once a wet beaver-willow ecosystem is now largely an elk-moose grassland.  

In 2020 Rocky Mountain National Park, the Arapaho-Roosevelt National Forests, Northern Water, the Colorado River District, Grand County, and the Town of Grand Lake formed an inclusive collaboration to study and rejuvenate this picturesque and critical gateway. The Kawuneeche Valley Restoration Collaboration (KVRC) goal is to achieve long-term benefits of a healthy environment including improved water quality, wildlife habitat, and aesthetic and recreational value. Now TU has joined this group effort to work to return the Kawuneeche Valley to its status as a vibrant and diverse ecosystem.

KVRC has engaged Colorado State University to perform an assessment of the watershed and to make recommendations for potential pilot restoration sites. Four potential sites with high chances of success and cost-effective ecosystem restoration have been identified. These initial sites are within Rocky Mountain National Park and include Beaver, Baker, Bowen, and Onahu Creeks. Going forward, KVRC is striving to implement a variety of restoration projects on public lands in the Valley and surrounding private lands that could include strategies such as planting willows/riparian vegetation, installation of beaver dam analogs, restoration of abandoned ditches, levees and dams, and temporary fencing to allow recovery of vegetation. CTU joined this group with plans to participate in field projects that align with TU's mission and bringing resource support and volunteers for execution of field projects. Additional participants include Rocky Mountain National Park, US Forest Service, the Colorado River District, Grand County, Town of Grand Lake and the Colorado Water Conservation Board.

As assessment results are evaluated and the new pilot projects are implemented, look for more news on TU’s involvement and engagement as well as opportunities for TU members to participate in the KVRC to renew the riparian home of the headwaters of the Colorado River!

Celia Sheneman is a Director at Large for Colorado Trout Unlimited and represents CTU with the KVRC.

CWCB Issues $17.4 Million in Colorado Water Plan Grants

TU and Allies Partner on More than $5.7 Million of Collaborative Projects Funded

On March 13, the Colorado Water Conservation Board (CWCB) approved 52 Water Plan Grant applications today, which will distribute $17.4 million to fund critical projects to manage and conserve water, improve agriculture, promote watershed health, spark collaborative partnerships, and much more.

Among the approved Water Plan Grant projects were $3.28 million in projects being managed by Trout Unlimited in Colorado:

• A $1.5 million collaboration with agricultural users on Elk Creek, a key spawning tributary to the middle Colorado, to modernize infrastructure to improve its reliability for irrigators while improving efficiency and opening up more than 7 miles of habitat to fish passage;

• A $287,000 partnership with ag users on nearby Canyon Creek, which will have similar diverse benefits including opening 1.5 miles of spawning habitat to fish passage;

• A $1 million collaboration coordinated by the Boulder Flycasters to advance design and permitting for multiple diversion structures along South Boulder Creek, helping set the stage for restored fish passage, improved habitat, and the ability to shepherd low flow releases through the system to maintain winter flows; and

• A $491,000 collaborative pilot project and study with NTU staff partnering with irrigators in western Colorado to evaluate productivity and drought resilience for alternative forage crops that consume less water.
  
  

The CWCB also approved a $100,000 Water Supply Reserve Fund grant to the Dolores River Anglers chapter of TU in support of collaborative restoration work on the West Fork Dolores, a part of the chapter’s ongoing partnership with local water users and the Dolores Water Conservancy District, the US Forest Service, Colorado Parks and Wildlife, and other local stakeholders to improve watershed health and resilience in the face of a changing climate.

Along with these TU-led partnerships, projects in which TU is collaborating with efforts led by other conservation and water management allies accounted for another nearly $2.5 million in Water Plan grants – including efforts to benefit the Colorado headwaters (Learning by Doing and the Kawuneeche Valley Restoration Coalition), the Purgatoire River (Purgatoire Watershed Partnership), and the Conejos River (Colorado Rio Grande Restoration Foundation).

“When the Colorado Water Plan was developed and later revised, we saw its potential for encouraging multi-benefit projects and collaborations, and helping to conserve the health of rivers and watersheds,” said David Nickum, Colorado TU Executive Director.  “The diverse range of cooperative projects that CWCB has funded this year are a great illustration of how the plan is delivering those real benefits to Colorado.”

“Water is on the top of many Coloradans’ minds. And the projects this program funds are critical to meet and mitigate our state’s most critical water challenges,”said Lauren Ris, CWCB Director.“We received significantly more applications than we had funding for this cycle of Water Plan Grants, showing just how much demand there is for this important funding, and how critical it is that we continue to fuel this effort.”

Every year, the Water Plan Grant Program provides millions of dollars of funding for projects in five key categories: Water Storage & Supply, Conservation & Land Use, Engagement & Innovation, Agricultural Projects, and Watershed Health & Recreation. Water Plan Grants support the Colorado Water Plan, and funded projects are wide-ranging and impactful to the state, focusing on enhancing water infrastructure, restoring ecosystems, supporting education and community collaboration, boosting water conservation and efficiency, guiding resilient land use planning, and more.

Rocky Mountain Flycasters Trout Fishing Expo

The Rocky Mountain Flycasters Trout Fishing Expo is Saturday, March 23rd from 10am to 4pm. See below for a great raffle!

Enter to Win RMFTU's Biggest Raffle Prize of the Year!

Enter to win the Ross Colorado Greenback Cutthroat reel, Scott G-Series 3wt rod, and Fishpond Nomad net. A dream package for fishing small waters!

Event details:

• Event Date: Saturday, March 23, 2024; 10am – _4pm

• Location: South Hall of FNBO Exhibition Building at The Ranch (Larimer County Events Complex), 5280 Arena Circle, Loveland, CO

• Purpose: Annual fundraising event for RMFTU’s programs to conserve, protect and restore coldwater streams and rivers, including Big Thompson, Cache la Poudre and North Platte rivers in Colorado. This event will kick-off Northern Colorado’s 2024 fly fishing season in style

• Event Features:

  • Speakers and trout fishing movies

  • Fly tying demonstrations from 20-25 tyers

  • Women’s Forum by Uncharted Outdoors Women

  • Lots of fun for kids

  • Casting demonstrations

  • Silent auction – _trips, gear

  • Raffle/auction for high-end fly gear and/or trips

• RMFTU-branded merchandise for sale

• Lunch (food & beverage available for purchase on-site)

• Admission:

  • Adults —$15/person when pre-purchased online, ($25 at the door)

  • Students, First Responders and Veterans —$10/person

  • Children (under age 10)—Free

Protecting the Headwaters

River Stewardship Champions: Bob and Suzanne Fanch

On March 7, CTU held its 2024 River Stewardship Gala at the Denver Museum of Nature and Science, drawing more than 300 river supporters to join in celebrating and raising funds for Colorado’s rivers. As a centerpiece of the event, the River Stewardship Award was presented to Bob and Suzanne Fanch, owners of Devils Thumb Ranch and founders of the Headwaters River Journey Museum in Winter Park. Colorado River Headwaters Chapter President Kirk Klancke and Mark Eddy presented the award; this article is drawn from their presentation.

The stars had to align to create the paradigm shift that led to the Colorado River Cooperative Agreement and the resulting collaborative efforts in conserving the Colorado headwaters. The first star in this constellation was when then-Mayor John Hickenlooper appointed three conservationists to the board of Denver Water. The next was when the Grand County Government realized our rivers were worth fighting for. The third star to align was Trout Unlimited, coming to the headwaters and asking what they could do to help. Then a fourth star aligned when two Grand County citizens rose to the challenge to help create change and advance the protection of the Colorado River headwaters – Bob and Suzanne Fanch. 

In the lead-up to the Cooperative Agreement, the Fanches contributed to the effort in several critical ways. Bob dedicated his time to meeting with TU and Denver Water staff to discuss much needed mitigation to help our struggling rivers. He also traveled to testify publicly at Wildlife Commission hearings to advocate for mitigation. When the Wildlife Commission approved a plan that included far too little mitigation, Bob and Suzanne brought their children, Rachel and Zach, to a CTU demonstration on the steps of the Capitol building. When asked why they had come, they said they wanted their children to know that they needed to speak up if they saw something wrong. 

Critically, Bob and Suzanne, with help from their friends, the Finlons, paid for an onstream sediment transport study that showed how stream modeling for the Environmental Impact Statement was severely inaccurate. Shortly after the results of this study were provided to the EPA, officials from the Denver agency called Trout Unlimited and Grand County to report that while they still didn’t think that they had to offer additional mitigation for their impacts on the Fraser River, they wanted to talk about what would we believe mitigation should look like. Several meetings later, we had a negotiated agreement.

While the Cooperative Agreement was a significant milestone, its success hinged on the follow-through after the agreement was reached, and the Fanches have continued to support headwaters protection, including support for the adaptive management “Learning by Doing” program in several key ways:

• Learning By Doing was intended to be funded through the Cooperative Agreement, funding that was due upon Denver Water securing all of the permits for their Moffat Firming Project. Eleven years later, Denver Water still doesn’t have its final permits, so Learning By Doing has been operating off grants and a steady income stream provided by Bob and Suzanne as a percentage of profit from the Devil’s Thumb Guest Ranch.

• A percentage of the profits from Devil’s Thumb Ranch has also provided a steady income stream to National TU to support the continued work in this area of Mely Whiting, a key mover and shaker in advancing projects protecting the headwaters.

• Bob and Suzanne have given conservation partners access to their property to harvest 9,000 willow stakes that, over the years, have been replanted around Grand County to help stabilize stream banks and improve riparian habitat. 

• Bob partnered with Learning By Doing and Denver Water to fund the first Learning by Doing public/private stream improvement project on the Fraser Flats reach. Scientific monitoring has shown this prototype project conducted by Freestone Aquatics has produced considerable improvements in river health. Projects like this one will be the future of healthier rivers in the headwaters.

However, Bob and Suzanne also recognized that the future of healthy rivers depended on an educated population. They went on to conceive and fund one of the country's greatest river education facilities. They built the Headwaters Center as a meeting place for events, river summits, and other related topics. On the ground floor of the Headwaters Center is a 4,400 sq. ft. interactive river museum called the Headwaters River Journey. In the first organizational meeting to create the museum, Suzanne requested that the theme follow the TU documentary Tapped Out. This film emphasized the importance of rivers to us and to all life and the impacts we as humans have on our rivers, both negative and positive. The Fanches went to Europe to see some of the world's most impressive interactive museums and hired a consultant from Iceland who had created their favorite museum. They also hired ECOS out of Boulder as the general contractor for this most impressive interactive river museum. If you haven’t experienced River Journey, put it on your bucket list. Education is our most effective tool in protecting our rivers, and Bob and Suzanne have given Colorado the country's most effective river education museum.

 Colorado Trout Unlimited appreciates all of the Fanches' efforts on behalf of Colorado’s rivers and was grateful for the opportunity to recognize them with our 2024 River Stewardship Award. 

AvidMax's Coffee Break Features CTU Camp

Coffee Break is an ongoing series at AvidMax where they talk about fly fishing, which sometimes includes supporting local fishing communities. In this episode, Noah sits down with TU member Barbara Luneau to learn more about the annual youth event, Camp, hosted by CTU. Camp is an amazing event for high school students that takes place here in Colorado and aims to teach students conservation and fly fishing. If you are interested in helping support the event or know a student between the ages of 14-18 interested in attending, please visit the CTU Camp Webpage.

We would like to thank AvidMax for their continued support of Colorado Trout Unlimited.

February 2024 Currents

THIS MONTH’S ISSUE OF CURRENTS FEATURES CTU River Stewardship Gala, Protect Colorado Waters & Wetlands, STREAM Programs, and More!