At the beginning of the month, overall, Colorado’s snowpack, statewide, was 50% of average. The Gunnison River Basin was at 34%; the Colorado River is 56%; South Platte was 69%; North Platte was 67%; Yampa/White was 69%; Arkansas was 59%; Rio Grande was 21%; and San Miguel/Delores/Animas/San Juan Basins were 17% of average. With 40% of our accumulation season behind us, we are at 64% of last year’s snowpack.
Because of last summer’s moisture, though, water storage is still above average.
Instream Flow Program
In 1995, when the Colorado legislature prohibited the conversion of conditional water rights to instream flow rights, they allowed an exception for the Juniper-Cross Mountain rights in the Yampa Basin. The intention was to use those rights to help protect endangered fish recovery. The Upper Yampa River Water Conservancy District has convinced the Colorado River Conservation District to support legislation to remove that exception.
Governor’s Drought and Flood Conference
One outcome of the conference in early December is a proposed bill to increase the current 5% limit on flood-related projects for the Colorado Water Conservation Board’s Construction Loan Fund.
Political Approval Needed
HB 99-1229 requires the Legislature’s approval prior to a state agency involvement in introduction of any species not presently found in Colorado. Accordingly, a bill will be required in 2000 to permit DOW to participate in stocking of bonytail chubs into the Colorado River as part of the Recovery Program.
New Water (GRAB) Authority Formed
The Union Park Water Authority was created to take over the Supreme Court appeal of the Union Park Project water availability case. The founding members of the Authority are Parker Water and Sanitation District, Arapahoe Water and Wastewater District, Cottonwood W&S, and Rangeview Metro District. The BOD includes Marie Mackensie who is a County Commissioner from Arapahoe County, Terry Cunningham of Inverness W&S, Frank Yeager of Parker W&SD, and Mark Harding of Purcycle (sp?). In an appendum to the transfer, it states that Arapahoe County is included in the Authority’s membership to provide the Authority with its condemnation authority, but is not contributing any additional funding.
Strapped Colorado Farmers Sell Their Water
Record low crop prices are pushing some farmers in Colorado’s Arkansas River Valley to sell their water to the city of Aurora. The process could take two years, but the result, say officials and residents, will be dried-up farmland and plummeting land values in an area that’s 80 percent agricultural. Denver Post; Dec. 16 <http://www.denverpost.com/news/news1216a.htm> or <http://www.washingtonpost.com/wp-srv/WPlate/1999-12/16/004l-121699-idx.html>
Kansas vs Colorado
The issue of damages from Colorado’s violation of the Arkansas River Compact is being tried by a water master in California.
Over $60 million separates the two states. The trial started in November and should be finished by the end of this month.
Water Reuse
The Legislature will consider authorizing the Water Quality Control Commission to set and regulate water reuse standards. Since groundwater and transmountain water are the only waters that can be reused, the greater level of reuse, the less transmountain water will have to be diverted.
Nonpoint Source Pollution Cleanup
Colorado is the only western state without dedicated funds for nonpoint source cleanup or control. Because of the concern that Colorado may be losing federal matching funds for this purpose, the legislature will be wrestling with this issue during the coming session.
Animas-La Plata DSEIS and Hearings
The Draft Supplemental EIS for the 10 alternatives is due to be released on 1/14 or 1/21. The hearings will be on 2/15 in
Durango, 2/16 in Farmington and 2/17 in Denver.
Colorado River Water Users Association Meeting Panel Discussion
Tom Graff, Environmental Defense Fund, Jason Morrison, Pacific Institute and David Getches, Colorado University, participated. The topic was Environmental Impacts of River Management. Two ideas came out of this discussion: The treaty with Mexico needs to be amended to include an environmental “minute”; and a block of water needs to be carved out for environmental purposes.
Marc Reisner, the author of Cadillac Desert reflected on the costs of water development. Among the many costs, he identified sedimentation, loss of flood control, erosion, collapse of fisheries and toxic loading. In dealing with the Endangered Species Act, reallocation of water is the chief tool for recovery, but without recovering habitat, this effort could backfire.
“We need to develop new water supplies, new storage, not new dams….underground storage.” “Consensus doesn’t work — its a waste of time. It negates leadership.” “‘The Greatest Good for the Greatest Number’ should be reinstituted.”
Secretary Bruce Babbitt’s Speech
Sec. Babbitt touched on all of the major issues of the day: offstream water banking, California’s 4.4 Plan, surplus criteria (including no net loss of environmental values), the Salton Sea, Upper Basin Programs (including his continuing commitment to build ALP Ultralight), and Arizona issues (tribal water settlement). He concluded that fruitful state-federal partnership can be our shared legacy.
Sierra Club’s Colorado River Task Force Joins International Groups to Sue over Colorado River’s End Result
A coalition of environmental groups have filed notice they intend to sue to force states to leave more water in the Colorado River to supply plants and wildlife in the river’s Gulf of California delta. Officials say there may not be enough water without cutting back on irrigators’ and cities’ consumption in Arizona, Nevada and California. The Southern Nevada Water Authority said “the larger effort to permanently allocate water for the environment” was “unrealistic.” Arizona Daily Star; Dec. 17 <http://www.azstarnet.com/public/dnews/LQ7983.html>
California Yields in Colorado River Water Talks
In a major breakthrough, California water officials agreed to a plan that would ease them away from their over dependence on Colorado River water and give upstream users a better chance of getting their fair share in drought years. An analysis that adds depth to prior reports. Arizona Republic; Dec. 20
Upstream States Worry About California’s Colorado River Deal
The details in a water agreement to curtail California’s use of Colorado River water has officials in Wyoming, Colorado, Utah and New Mexico worried that in a drought, they would have to cut back to keep Lake Powell levels up. Billings Gazette (AP); Dec. 17 <http://www.billingsgazette.com/wyoming/991217_wyo03.html>
Seven-state Meeting
Reclamation has informed the seven states of the Colorado River that they have a “client” interested in contracting 25,000 af/y for cooling towers for a power plant the client wants to build in Mexico below the Southern International Boundary (SIB). The source of this water could be either output from the non-operating Yuma Desalting Plant which is located east of the Northern International Boundary (NIB) in Arizona or drain water from the Yuma Valley. [The NIB is 26 miles from the SIB.]
Reclamation is very interested in reactivating the plant. The cost of operation of the desalting plant would go “off line.” Drain water from the Welton-Mohawk Project is the supply for the plant. This water currently goes in a slough to the Cieniga de Santa Clara, a 10,000-acre wetland in Mexico with endangered species habitat. Reclamation acknowledges an obligation to supply 120,000 af to the Cieniga, so the water for the power plant would have to be routed back to the Cieniga. Reclamation looks at this client as an important new tool for future water management flexibility. The desalting plant could provide enough potable water for up to 400,000 people. Questions not yet answered include: will the water for the power plant come out of the 1.5 maf the US must deliver to Mexico; and will this project require additional storage?
Reclamation also reported that 200,000 af of water has reached the Colorado River Delta each of the past two years.
The other issue discussed was the timeline for a final rule for Surplus Declaration Criteria. A surplus declaration allows up to an additional 1 maf delivered to the Lower Basin above their yearly allocation of 7.5 maf. (There have been surpluses declared for the past 3 years.) The DEIS should be completed in March, with the Record of Decision (ROD) due by the end of this year. The ROD will require consultation with Mexico through the International Boundary and Water Commission.
Salton Sea “fix” Proposed
A $300 million plan for massive steel towers designed to pull salty water from the Salton Sea and mist it across the desert is a leading strategy being proposed for California’s largest lake by the Salton Sea Authority. Half of the 300 steel girder towers would stand 130 feet, while the rest would be 65 feet tall. They would spray a mist into collection basins. Much of the mist would evaporate, leaving salt in wet, mud-like clumps that would later be transferred to a landfill. The plan would remove about 150,000 af/y which would allow fresh water inflows to dilute the lake and reduce its salinity. Although similar projects have worked in Israel and South Africa, a test to make sure it will work is scheduled for this coming summer. If the test goes well, construction could begin in 2004 and completed in 2008. [I hope the test will trace the fate of selenium which is thought to contribute to large die-offs of fish and birds.]
Army Joins Regional Water Management Plan
Fort Huachuca has agreed to a 10 year plan to reduce groundwater pumping to help “maintain base flows in the San Pedro River,” says ENS 12/7. Limiting consumption in AZ is a prerequisite before the Commission for Environmental Cooperation can persuade water users in Mexico, primarily the Cananea mining company and agricultural interests, to help maintain “sufficient” flow to sustain endangered species and protect habitat along the river.
Spikedace and Loach Minnow Critical Habitat Designation
Pursuant to a court order the FWS is proposing to designate critical habitat for spikedace and loach minnows on some 894 miles of the Gila, San Francisco, Blue, Black, Verde, and San Pedro Rivers and tributaries in Arizona and New Mexico. Comments on the rule, the draft Economic Analysis, and draft Environmental Assessment should be sent by January 14, 2000 to: Arizona Ecological Services Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, AZ 85021. For further information contact the Field Supervisor, Arizona Ecological Services Office at the above address or call (602) 640-2720, fax (602) 640-2730. Federal Register, December 10, 1999, Vol.64, No.237, pp.69323-69335.
Questa Mine Gives Toxic Waste New Meaning
The Molycorp mine near Questa, NM, is likely to become the next EPA Superfund site, says The Santa Fe New Mexican 12/16. Secret negotiations between Molycorp and the state on how to avoid Superfund clean up costs, estimated to exceed $100 million, recently broke down over what to do with some 300 million tons of waste rock polluting the Red River. A natural resources trustee for NM, said “Molycorp has been in a state of denial for the last 16 years about the effect of its mining on the environment.”
Water Will Be New Mexico’s Most Valuable Commodity
Albuquerque’s aquifer, once deemed unlimited, is being drained faster than it gets replenished, and it’s clear that in the next millennium, water will limit growth and development in New Mexico. An overview. Albuquerque Tribune Dec. 29 <http://www.abqtrib.com/news/122899_water.shtml>
Cleaner Rivers in New Mexico?
EPA has settled a lawsuit brought by Forest Guardians to assure that the discharge from 29 cities and factories is no harming the endangered silvery minnow. The settlement sets up a three-year schedule for EPA to verify that wastewater effluent is not contributing to the decline of the minnow.
Farm Groups See Santa Fe’s Water Purchase As Threatening Precedent
Irrigators have filed protests against Santa Fe County’s plan to buy the water rights of a farm near the Colorado border and transfer them south, saying it’s the first step in siphoning off northern New Mexico’s agricultural water for the state’s thirsty cities. Albuquerque Journal; Jan. 4 <http://www.abqjournal.com/news/1acequia01-03-00.htm>
Dam Removal Success Stories
A new report by a coalition of environmental groups finds dam removal is “often the most effective way to help the environment,” says ENS 12/13. Over 465 mostly small hydroelectric dams have already been removed across the country and this has improved habitat, saved money, “improved public safety and revitalized communities.” The report which is a comprehensive review of the history and benefits of dam removal is available at <http://www.tu.org>;, or <http://www.foe.org>;, and <http://www.amrivers.org> .
One Agency Says to Breach Dams
The U.S. Fish and Wildlife Service will recommend breaching four Snake River dams to save salmon, one of nine agencies’ reports being released and the only one with any specific recommendations. Idaho Statesman Dec. 17 <http://www.washingtonpost.com/wp-srv/WPlate/1999-12/17/042l-121799-idx.html> The biological report contends that breaching would help not just endangered salmon but “a wide range of animals and fish.” Restoring a “natural riverine system” would make for “shallower, cooler” conditions with plants growing along the banks providing shelter for salamanders and frogs that are “eaten by the fish.”
Also included in the massive Army Corps of Engineers Draft Environmental Impact Study are the economic benefits of breaching “which proponents call substantial” contradicting statements by Gen. Carl Strock and NMFS Regional Administrator Will Stelle.
Dam Breaching Comes of Age
Five years ago, only the most radical environmentalists would toy with the notion of breaching Snake River dams to help restore salmon runs. Now, the concept is at the center of a deadlined debate more complex and far-reaching than the spotted owl. High Country News Dec. 21 <http://www.hcn.org/1999/dec20/dir/Feature_Unleashing.html> <http://www.nytimes.com/library/financial/122099outlook-econ.html>
Cast a Vote for Salmon
A Pacific Northwest newspaper is conducting an online poll where you can vote salmon yes, the lower Snake River dams must go: http://www.capitalpress.com
Hydro Industry Organizes
This fall the hydropower industry came out with a new, highly-funded campaign, “WaterPower — The Clean Air Coalition.” This group, created by the Wexler Group (a Washington, DC, lobbying entity) has assembled a list of energy companies, contractors, and municipalities, among others, that support the idea of dams, hydropower generation, and clean air.
The industry campaign is built on the basic principle that because they are emissions-free, hydropower dams are therefore “good,” and should in no way be altered by regulation that specifies changes such as flow increases or fish passage. WaterPower argues that environmental regulations lead to increased electricity prices and threaten the viability of the industry, and that the only way to remedy the situation is to curtail the authority of federal agencies in regard to improving dam operations to benefit our rivers. The primary mechanism it cites as a solution is new legislation sponsored by Senator Larry Craig (R-ID) S. 740, and Representative Edolphus Towns (D-NY) H.R. 2335.
This legislation scapegoats federal resource agencies who protect fish passage and federal lands and undermines their ability to do their jobs through process. Further, this emphasis on agencies ignores the role of the hydropower industry as part of the problem. In addition, the legislation would add considerable administrative burdens and unrealistic timelines to what is already a complex process.
HRC Dam Decommissioning Policy Statement
Hydropower Reform Coalition (HRC) has a steering committee of 12 conservation and recreation groups, and a general membership of 74 groups. Its goals include reforming the Federal Energy Regulatory Commission’s relicensing procedures to enhance river restoration.
The HRC recently released its formal policy on decommissioning FERC licensed hydropower dams through the relicensing process. The policy calls for FERC to consider dam decommissioning in every relicensing, and proposes a funding mechanism that all dam owners could contribute to on a voluntary basis, enabling the fund to function as a kind of insurance pool. This new fund would enable the removal of projects in those cases where dam owners do not have the necessary capital. The fund would also pool the risk for all dam owners when faced with decommissioning for those projects that do not make sense. The policy also advocates that removal funding can be provided in the interim through individual escrow accounts for specific projects, performance bonds, or other financial planning mechanisms. The report can be accessed at <http://www.amrivers.org/hrcdecom.html> Or, if you would like a hard copy of this report, please contact the HRC at hrc@igc.org, or give a call at 202-347-7550.
New Nation-wide Permit (NWP) Replacement Delayed
In the December 15, 1999, Federal Register, the Army Corps of Engineers delayed the release of NWP 26 replacement permits. NWP 26 authorizes activities in headwaters and isolated waters that have minimal adverse effects on the aquatic environment. The Corps will also issue 5 new NWPs and modify 6 existing NWPs, besides adding 3 new NWP general conditions to replace NWP 26. The permits will be issued on Feb. 14 and then states will have 60 days for state certification so final permits will be out April 14, 2000.
EPA Logging Point Source Regulations
The Environmental Protection Agency (EPA) is proposing new regulations to control water pollution caused by logging. The rule change would treat any silviculture activities as point source pollution rather than non-point as they are now. Such a change would require that logging operations obtain permits under the National Pollutant Discharge Elimination System (NPDES). Written comments on the proposed regulatory revisions to the NPDES and water quality standards programs should be sent by January 20, 1999 to: Comment Clerk for the TMDL Rule, Water Docket (W-99-04), U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 20460, or mail to: ow-docket@epa.gov You can go to http://www.epa.gov/owow/tmdl/proprule.html for a copy of the proposed rule. Federal Register, October 27, 1999, Vol.64, No.207, pp.57834-57835.
For more information contact American Wildlands, (406) 586-8175.
Columbia Channel Dredging Runs Into Obstacles
Federal and state agencies have raised major environmental concerns over an Army Corps of Engineers project to deepen the Columbia River channel, says AP 12/11. Long opposed by environmental groups, the new concerns focus on damage to the riverbed, increased turbidity and disposal of dredge material. The FWS “raised serious questions” about the affect on salmon and steelhead runs while state officials say the project doesn’t conform with “coastal land-use management plans,” and could adversely impact sturgeon and smelt.
Polluting Idaho Aquifers Shouldn’t Be Inevitable
Idaho’s top water official says it’s inevitable that the state’s aquifers will become too dirty to drink, but residents shouldn’t accept that complacency. The state should consolidate responsibility for water quality, upgrade standards for agriculture and industry and adequately fund enforcement. Idaho Falls Post-Register Dec. 15 <http://www.idahonews.com/12141999/Opinion/98727.htm>
Plum Creek HCP Covers 1.7 Million Acres
In what has been described as the “first of its kind in the northern Rockies”, federal fisheries agencies have released a Draft Environmental Impact Statement on Plum Creek Timber Company’s Native Fish Habitat Conservation Plan (HCP) for its land in WA, ID, and MT, says ENS 12/20. The HCP defines how road building, grazing and timber practices will “benefit” 17 species of native fish, 8 of which are threatened or endangered. In exchange for the benefits, Plum Creek will be allowed to “incidentally take” the fish and their habitat. The public may comment on the HCP through 2/17.
New Water Quality Criteria for Ammonia
EPA is publishing the 1999 Update of Water Quality Criteria for Ammonia, incorporating comments received from the 1998 Update. The 1999 Update contains EPA’s most recent freshwater aquatic life criteria for ammonia and supersedes all previous freshwater aquatic life ammonia criteria. The new criteria reflect recent research and data since 1984, and are a revision of several elements in the 1984 Criteria, including the pH and temperature relationship of the acute and chronic criteria and the averaging period of the chronic criterion. As a result of these revisions, the acute criterion for ammonia is now dependent on pH and fish species, and the chronic criterion is dependent on pH and temperature. At lower temperatures, the dependency of chronic criterion is also dependent on the presence or absence of early life stages of fish. For additional information, visit http://www.epa.gov/ost/standards/ammonia/
EPA-safe Fertilizer Levels Kill Frogs
An Oregon State University study has found that levels of fertilizer in water the EPA considers safe for humans to drink causes frogs to eat less, develop abnormalities, become paralyzed and eventually die. Oregonian Jan. 6 <http://flash.oregonlive.com/cgi-bin/or_nview.pl?/home1/wire/AP/Stream-Parsed/OREGON_NEWS/o0303_PM_WST–Frog-KillingFert>
Agricultural Pollution
USDA’s Economic Research Service has just released a report titled “Economics of Water Quality Protection from Nonpoint Sources: Theory and Practice.” The report outlines the economic characteristics of five instruments that can be used to reduce agricultural nonpoint source pollution (economic incentives, standards, education, liability, and research) and discusses empirical research related to the use of these instruments. The report is available at: <http://www.econ.ag.gov/epubs/pdf/aer782/>
The Nationwide Rivers Inventory (NRI) is a listing of more than 3000 free-flowing river segments in the United States, provided by the National Park Service, which are believed to possess one or more “outstandingly remarkable” natural or cultural values judged to be of more than local or regional significance. Under a 1980 presidential directive, all federal agencies must seek to avoid or mitigate actions that would adversely affect one or more NRI segments. For any group concerned with ecosystem management, the inventory can provide the location of the nearest naturally- functioning system that might serve as a reference for monitoring activities. Visit the web site at <http://www.ncrc.nps.gov/rtca/nri/>.
Rivers Reborn
Removing Dams and Restoring Rivers in California — California’s statewide river conservation organization — recently released a report that identifies for the first time in one place the more than two dozen dams around the state that have been considered for removal or decommissioning. Spotlights in the publication include everything from a tiny irrigation structure to a towering, 280-foot-high dam. The 20-page report was compiled from a number of different sources, including governmental studies and recommendations.
The report is available at Friends of the River’s website: http://www.friendsoftheriver.org.
The Watershed Report Card is designed to introduce people to the concept that activities in one area of a watershed have implications throughout the entire watershed. Visit the site at <http://watershedreportcard.org/>
