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Water Update

By John Orr

November Election Recap

Normally this column deals with water issues and water folks in Central Colorado, but in the aftermath of the weirdest election season in my lifetime this iteration will take on a statewide and national flavor.

Del Norte rancher Travis Smith, currently serving on the Colorado Water Conservation Board, likes to remind folks in the water business, that “We are more connected than we’d like to admit.”

With all the uncertainty before us, is it possible to glean some idea of the effects the voters have wrought upon themselves?

President-elect Trump is rumored to be about to install a non-scientist, Myron Ebell, as the head of the Environmental Protection Agency. Mr. Ebell has spoken out against the “hoax” of global warming, and many hail his ascension as necessary to clip the wings of a federal government run wild under President Obama.

Martha Henriques writes in The International Business Times, “Climate deniers have been on the sidelines for years. What will happen now they’re in charge?”

A lot will happen no matter who is in power. Chris Mooney writes in The Washington Post:

“It’s polar night there now – the sun isn’t rising in much of the Arctic. That’s when the Arctic is supposed to get super-cold, when the sea ice that covers the vast Arctic Ocean is supposed to grow and thicken.

“But in fall of 2016 – which has been a zany year for the region, with multiple records set for low levels of monthly sea ice – something is totally off. The Arctic is super-hot, even as a vast area of cold polar air has been displaced over Siberia.”

Local Environmental Protection Agency Projects

The Arkansas headwaters up at Leadville were an acid mine drainage collection system in the days before the EPA’s California Gulch Superfund designation. Now there is a treatment plant run by the U.S. Bureau of Reclamation at the mouth of the Leadville Mine Drainage Tunnel and a gold medal trout stream below the site.

There was a massive fish kill in the Alamosa River downstream from the gold cyanidation operation at Summitville.

Some folks blame their cancer and loss of friends and family down the Arkansas River at Cañon City where the Cotter Mill uranium processing operation polluted the groundwater.

These are Environmental Protection Agency Superfund sites, all of them. The Feds are the only organization capable of this type of cleanup. Colorado can’t afford projects of this magnitude due to the restraints of TABOR, and most counties are clipping off workers or freezing payroll just to keep plowing snow and managing roads.

The EPA took a beating from Republicans after the Gold King Mine Spill into the Animas River in 2015. The agency always admitted that opening up the mine was a mistake and they’ve steadily worked on mitigation planning and water quality control.

“San Juan County Administrator Willy Tookey, too, heaped praise on the EPA for reimbursing the more than $349,000 the county spent in response to the spill, as well as contributing to the local economy,” – The Durango Herald.

The recreation economy has benefitted from EPA projects and the Clean Water Act, so a dismantling of the regulations adds to business uncertainty and environmental angst.

State Control of Water Resources

Every candidate from the top of the Colorado ballot to the bottom stood firm regarding water resource administration. Colorado water rights law and administration should be continued as controlling over federal water rights, they say.

Amendment 71 and Power to the People

There may some certainty with respect to Amendment 71. Colorado may not see another citizen initiative due to it. The oil and gas industry and Denver politicians hoodwinked Coloradans into giving up power. Here’s what the Colorado Legislative Council had to say before the election:

“Amendment 71 adds a requirement that signatures be collected statewide for the citizen-initiative process and increases the percentage of votes required to adopt changes to the constitution in most situations …

“Of the total required signatures, some must be collected from each of the state’s 35 senate districts in an amount of at least two percent of the registered voters in each district.”

The new signature requirement will be quite a trick to pull off. The last time that many registered voters agreed on something was while voting down Referendum A in 2003. The referendum would have established a two billion dollar fund for water projects to ease some of the pain incurred during the historic 2002 drought. Proponents didn’t have a project list and the referendum failed in all 64 counties.

The opponents of the oil and gas industry could have roped in the entire industry with their 5,000-foot setback requirement initiative and they may be back. I wonder if two percent of Weld, Routt, or Moffat will sign on?

Watershed Health and Fire Sharing

[InContentAdTwo] The U.S. Forest Service budget has been taking a beating with the massive wildfires in the West over the past few seasons. As we go to press the new administration has not named their choice for Interior Secretary.

State governors are stepping up to advocate against “fire borrowing” in the new administration. The Western Governors’ Association recently wrote:

“Western governors have urged timely action by Congress to end the practice of ‘fire borrowing’ used by the U.S. Forest Service and the Department of the Interior to fund wildfire suppression activities.

“We strongly urge Congress to resolve this enduring issue as among its highest priorities when it returns to complete the business of the 114th Congress.

“Fire borrowing is a budgetary practice that occurs when federal agencies divert funds from forest health and fire prevention programs to fight wildfires.”

John Orr lives in Denver. He became interested in writing the “rough” history of Colorado water after the failure of Referendum A during the November 2003 election. No one was aggregating water news for Coloradans so John stepped into the void. He works as a water resources administrator for a Front Range utility when he isn’t linking and writing. www.coyotegulch.net.