Water Update

By John Orr

MINUTE 323

Several tributaries of the Colorado River get their start in the crags of the Central Colorado mountains. Storied rivers: Blue, Eagle, Roaring Fork and the powerhouse Gunnison. They’ve all faced the footstep of humankind. The mines dotting the slopes, hay fields, ranching, orchards and cornfields bear witness and are now part of the allure of the high country. Folks cast a line, shoot rapids and enjoy the scenery of those waterways.

On September 27, 2017, the International Boundary and Water Commission, United States and Mexico inked Minute 323, the amendment to the 1944 United States-Mexico Treaty for Utilization of Water covering operations on the Colorado, Rio Grande and Tijuana rivers. (The Rio Grande is another of Central Colorado’s contributions to the Western U.S. economy.)

An important part of Minute 323 are environmental flows for the Colorado River Delta. Most everyone knows the river doesn’t reach the sea any longer. Environmental streamflow was initiated under Minute 319 signed by then Secretary of Interior Ken Salazar.

In March 2016 a diverse group of conservationists, biologists, irrigators and government officials effected a release of 100,000 acre-feet of water from Morelos Dam into the dry Colorado River Delta. There was a line of vehicles racing point to point along the river to witness the river’s front. At San Luis Rio Colorado, most of the residents went down to the river to celebrate the return of the river although many had no memory of running water in the sandy channel.

There was a great deal of success from channeling some of the streamflow to restoration sites in the Delta. Within weeks, new growth sprouted – cottonwoods and willows. Much of the diverted water served to replenish groundwater supplies. Wildlife immediately started using the habitat.

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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.”

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Water Update

by John Orr Hobbs to Say Adiós to the Colorado Supreme Court Greg Hobbs is calling it quits after 19 years as the Colorado Supreme Court’s “water expert.” Early in his career he clerked for the 10th Circuit, worked with David Robbins at the EPA, and worked at the Colorado Attorney General’s office. AG duties …

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Colorado Supreme Court Justice Gregory J. Hobbs Retires

By John Orr

Greg Hobbs is calling it quits after 19 years as the Colorado Supreme Court’s “water expert.”

Early in his career he clerked for the 10th Circuit, worked with David Robbins at the EPA, and worked at the Colorado Attorney General’s office. AG duties included the natural resources area – 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 “They do everything over there.”

When he appointed Hobbs to the court, Governor Roy Romer told him to “get a real tie,” according to the Statesman. A bolo tie, as Hobbs usually wears, didn’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.

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Some Facts About Mountains, Water, Geology, Spirits and Early Law in Colorado

Mountains by Jane Koerner • Colorado has 637 13ers (mountains over 13,000 feet but under 14,000). • Mounts Bierstadt, Grays and Torreys are the most popular 14ers for peak baggers. • There are seven total mountain ranges in Colorado: the San Juans, the Elk Range, the Sawatch (which include the Collegiates), the Sangre de Cristos, …

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Water Update

by John Orr Preston Frank Kaess Moves on to Greener Pastures Mr. Kaess passed on Nov. 6, 2013 in La Junta. Born in Rocky Ford, Kaess never ranged far from the Arkansas River and its tributaries, and in particular, Salida, where he graduated from high school in 1948 and married his wife, Patricia, in 1950. …

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Water Update

Snowpack and Drought

“Spring is an incredibly important time of year for Colorado’s water supplies,” observed State Climatologist Nolan Doesken in a March 18 press release from Colorado State University. He was commenting on the dryness of the soil and forests across Colorado while watching the smoke from a rare wintertime forest fire west of Fort Collins. He also expressed hope that early March moisture was the harbinger of a wet spring.

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Water Update

by John Orr 

Drought and Trout

Back in May, Front Range cities were falling all over themselves telling their customers that there would be no watering restrictions over the summer turf season, despite the fact that a meager snowpack – rivaling the drought year of 2002 – was melting out weeks early.

When the Upper Colorado River, South Platte and Arkansas River basins dried up and melted out during May, Stage 1 restrictions – usually voluntary – suddenly became the name of the game up and down the populated side of Colorado. But with record high temperatures consumption was through the roof, as much as 20% above 2011 for the year in some of the cities around Denver. Mandatory water restrictions are now on the horizon in areas worried about the Water Year 2013 snowpack.

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Water Update

by John Orr

The National Ski Areas Association Sues the Forest Service

Colorado Supreme Court Justice Greg Hobbs was speaking over in Breckenridge a couple of years back and told the group in attendance that “the water ditch is the basis of society.” Colorado law grew from those simple agricultural roots: put the water to beneficial use first and you get the right to divert the same amount in subsequent water years. Another early beneficial use developed around mining operations.

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Water Update

 by John Orr

Colorado River Basin: Colorado College State of the Rockies Project

“For some reason we’re starting this in October,” quips Will Stauffer-Norris, standing in cold weather gear and snowshoes, down valley from the headwaters of the Green River. He made the statement in the first video chronicling his journey – along with fellow traveler Zak Podmore – from Source to Sea. They’re heading down the Green River to the confluence with the Colorado River and then down the Colorado to the delta, where the river used to meet to the Pacific Ocean, as recently as the 1990s.

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Water Update

 by John Orr

Summitville Clean Up

It’s been nearly 20 years since the Environmental Protection Agency started cleanup efforts at the Summitville Mine. Runoff from the former open pit gold mine and its cyanide leach field was blamed for killing all aquatic life in the Alamosa River.

In early September the Colorado Department of Public Health and Environment held a dedication ceremony for a new water treatment plant at the site. CPDHE executive director Chris Urbina told those assembled, “This project provided more than a 100 construction jobs in this area, and significantly improved water quality, restoring fish and aquatic life to the Alamosa River and Terrace Reservoir,” according to The Pueblo Chieftain.

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Water Update

 by John Orr

New hydroelectric generation plant online near Creede

Humphreys family member Ruth Brown flipped the switch on the family’s new $1.3 million 310 kilowatt hydroelectric generation station on July 15. The new plant utilizes an existing 90 foot tall concrete arch dam and reservoir that Brown’s great grandfather built in 1923 below the confluence of Goose and Roaring Fork creeks for recreation and power for the ranch. The new plant should generate enough power for over 200 homes.

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Water Update

by John Orr

La Niña, snowpack and runoff

The picture can change quickly when you’re watching the Colorado snowpack. On March 26 snowpack as a percent of average was declining in the Arkansas basin and San Luis Valley but by the end April things had improved considerably.

The winter was dominated by La Niña. Cool water in the eastern Pacific Ocean off South America often sets up very wet conditions in the northern Rockies and a drying out across the southern Rockies. That’s pretty much what happened this year.

Up until the gangbuster snowmakers of April the eastern San Juans, Sangre de Cristos and Wet Mountains all had below average snowpack.

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Water Update

Water Update by John Orr

Denzel Goodwin

The Upper Arkansas Valley said goodbye to cowboy, rancher and visionary Denzel Goodwin in February just before his 87th birthday. Goodwin (along with attorney Ken Baker) led the petition drive in the late 1970s that established the Upper Arkansas Water Conservancy District. Goodwin led the organization for 25 years and also served on the board of the Southeastern Colorado Water Conservancy District for 16 years. He helped found the Fremont County Water Users association in 1956. He also served as a Fremont County commissioner and on the Cotopaxi school and fire district boards.

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Water Update

by John Orr

Coloradans elect John Hickenlooper

What fun it was watching the election season last year. Denver Mayor John Hickenlooper won the chance to deal with Colorado’s fiscal vise grip – TABOR, Amendment 23 and the Gallagher Amendment. The three constitutional amendments essentially tie the hands of the legislature and governor when they try to deal with funding allocation.

TABOR – the Taxpayer Bill of Rights – mandates that all tax increases be approved by the voters, which of course seldom happens. It also limits the growth in the distribution of revenues to a fixed percentage each year with the mandate that excess revenues be returned to taxpayers.

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Water Update

by John Orr

Forecasting water year 2011

November 1 is the usual start of the water year here in Colorado, although some – including the the U.S. Army Corps of Engineers – say it starts on October 1. That said, by the time December rolls around the new water year has started, irrigation is mostly off, except for livestock and some farmers that like to ice their meadows heading into the winter.

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Water Update

by John Orr

Taylor River rafting rift comes full circle

The epic saga, termed “row vs. wade” by some opponents, ended up with a deal for this season between Wilder on the Taylor fishing reserve owners Jackson-Shaw and the owners of the two rafting operations, Three Rivers Outfitting and Scenic River Tours.

Hours of operation will be limited for the outfitters, generally during the middle of the day. A portage will be allowed around a bridge on the fishing reserve as a nod to safety during high water. The outfitters promise to police their operations strictly so as not to jeopardize their permits from the U.S. Forest Service or the agreement with Jackson-Shaw.

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Water Update

by John Orr

State Representative Curry’s bill: What a Long Strange Trip It’s Been

State Representative Kathleen Curry’s bill, HB 10-1188, was designed to clarify the rights of outfitters on Colorado streams that have been traditionally used for rafting. The original bill meant to allow portages during high water and the right to float certain reaches around the state.

After the state house approved the bill by a margin of 40-25 – on pretty much a party-line vote – opponents dug in and started lobbying the members of the Senate Judiciary Committee. They were hoping to keep the bill bottled up in the committee and avoid a floor vote.

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Water Update

by John Orr

2010 Colorado legislative session

Gunnison County’s State Representative Kathleen Curry — who recently declared as an independent after winning her seat in the state house as a Democrat — plans to introduce a bill that would allow rafting companies and others to float through private property without being subject to trespassing charges from landowners. Her bill would clear up the current ambiguity in state statutes. According to the Colorado Independent the bill would “allow licensed outfitters to not only raft, kayak or fish on rivers and streams crossing private property, but also make contact with the riverbank without trespassing.” Outfitters would be limited to incidental contact and portaging necessary for safety reasons — say to portage around a bridge during high water. Meal stops or bathroom breaks would still be trespassing.

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Water Update – October 2009

by John Orr

It’s been a good water year so far

Streamflow in the Arkansas River kept most everyone happy this summer. The runoff came early and high flows were bolstered by a cool and wet beginning to the season and plenty of transmountain water. The above average boating season lasted well into August.

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Water Update – August 2009

by John Orr

Nestlé Waters Chaffee County Project

As we go to press the Chaffee County Commissioners have yet to issue or deny Nestlé Waters a permit to build their pipeline, pumphouse and loading facilities to truck water from the Hagen Spring out of basin to Denver. The company bottles spring water under the brand name Arrowhead and has a facility for doing so down in the flatlands. The plan is to run tanker trucks over Trout Creek Pass, across South Park, over Kenosha Pass down U.S. 285 to the Denver Metro area.

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Water Update – June 2009

by John Orr

Gunnison River flow regime through Black Canyon

Last year, conservationists, irrigators, the National Park Service, the Bureau of Reclamation, the state of Colorado, along with many other groups and municipalities, sat down and hammered out an agreement to manage flows in the Gunnison River through the Black Canyon. The agreement was the outcome of a 2006 lawsuit by environmental groups to overturn a 2003 back room deal between the Department of Interior and the state of Colorado. The original deal called for minimum flows in the national park of 300 cfs with no consideration for larger flows or shoulder flows to help maintain riparian health or for restoration. As a result of the lawsuit federal Judge Clarence Brimmer threw out the agreement terming it, “nonsensical.”

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Water Update – April 2009

By John Orr

Nestlé Waters’ Chaffee County project update

Most Colorado Central readers already know about Nestlé Waters North America’s plans to export water out of the Arkansas River Basin — from springs they’ve purchased near Nathrop — to their bottling plant in Denver. Nestlé plans to restore the area around the springs (Bighorn Spring and Hagen Spring), drill a couple of supply wells in the shallow aquifer, build two pump houses and pipe the water five miles to a new loading station along U.S. 285 near Johnson Village.

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Water Update

Article by John Orr

Water – February 2009 – Colorado Central Magazine

New advisory committee proposed to help regulate SLV water usage

Around the middle of December State Engineer Dick Wolfe let San Luis Valley irrigators know that he was planning to appoint an advisory committee to help draft rules that will govern groundwater use from the valley’s shallow aquifer. The rules are supposed to “protect senior water rights, prevent unreasonable underground water level declines, maintain sustainable underground water supplies and encourage the use of groundwater management subdistricts in Water Division 3.”

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Water Update

Article by John Orr

Water – January 2009 – Colorado Central Magazine

Fryingpan-Arkansas Project debt

The Fryingpan-Arkansas project affects the Arkansas River from stem to stern in Colorado. It moves water from the headwaters of the Fryingpan River under the Great Divide through the Boustead Tunnel to satisfy some of the agricultural needs in the Lower Arkansas Valley and to slake the thirst of Coloradans south of Monument Divide. The project’s facilities are also used for storage for water moved out of basin.

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Water Update

Article by John Orr

Water – December 2008 – Colorado Central Magazine

RGWCD – Special Improvement District No. 1

The management plan for the Rio Grande Water Conservation District’s Special Improvement District (Subdistrict) No. 1 was on trial during late October and early November; and on December 16th, Division Three Water Court Judge O. John Kuenhold plans to hear closing arguments in the case.

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Water Roundup

Article by John Orr

Water – November 2008 – Colorado Central Magazine

Drought management and climate risk

In October Governor Ritter hosted the “Governor’s Conference on Managing Drought and Climate Risk” in Denver. According to the Rocky Mountain News, attendees were treated to information on historical droughts along with predictions about the effects of climate change on future water supplies.

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Central Colorado Water Update

Article by John Orr

Water – October 2008 – Colorado Central Magazine

Leadville Mine Drainage Tunnel

This past June — with the release of their LMDT risk assessment — Reclamation threw the Environmental Protection Agency under the bus over the possibility of a catastrophic blowout of water and debris. Readers may remember that a November 2007 letter from the EPA to Reclamation was the basis for the Lake County Commissioner’s local disaster declaration.

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Water Update

Column by John Orr

Water – September 2008 – Colorado Central Magazine

Great Sand Dunes National Park water right

In August, Division Three Water Court Judge O. John Kuenhold signed the decree for a water right for the Great Sand Dunes National Park. The decree was the final piece of the puzzle in converting the former Great Sand Dunes National Monument to a national park.

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Water Update

Article by John Orr

Water – August 2008 – Colorado Central Magazine

Leadville Mine Drainage Tunnel

The relief well for the Leadville Mine Drainage Tunnel came on line late in June. Peter Soeth from Reclamation said, “The plant is now treating between 2000 and 2100 gallons per minute,” combined flow from the LMDT and the relief well.

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Central Colorado water update

Column by John Orr

Water – July 2008 – Colorado Central Magazine

James Tingle Reservoir

Colorado is blessed with a water supply system that has grown up around the annual snowfall, unlike other states which rely on groundwater or rainfall. Our mountain ranges act as reservoirs during the winter, storing snowfall (most years).

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Central Colorado Water Update

Article by John Orr

Water – June 2008 – Colorado Central Magazine

2008 water legislation in review

Water and Stream Flow

In May HB 08-1280 passed both houses by large margins. Although it’s rare, every so often the legislature passes a water bill that almost everyone regards as needed and beneficial. Now, water rights owners who lease water to the Colorado Water Conservation Board to buttress stream flow won’t be risking their water rights.

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Regional water update

Column by John Orr

Water – May 2008 – Colorado Central Magazine

Leadville Mine Drainage Tunnel Update

Since the disaster declaration for the Leadville Mine Drainage Tunnel, it’s been learned that the actual cause of the rising water in the mine pool could be the result of a combination of factors including a collapse in the LMDT, increased precipitation over the last few years, and groundwater intrusion.

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Regional Water Update

Article by John Orr

Water – April 2008 – Colorado Central Magazine

San Luis Valley Water News

Climate change and its possible effects on local water supplies were the topic at a recent meeting of the Rio Grande Roundtable. Scientists still can’t predict how global warming will impact local conditions, but featured speaker, Jason Vogel from Stratus Consulting in Boulder, said earlier snowmelt peak flows are expected. And that will influence how water supplies are managed, including the timing for drawing down and filling reservoirs, and flood control considerations.

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Regional Water Roundup

Article by John Orr

Water – March 2008 – Colorado Central Magazine

General Assembly water bill update

Every legislative session Colorado’s lawmakers take a stab at passing new water legislation. This year is no different. So far three bills have been shelved.

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Water Update

Column by John Orr

Water – February 2008 – Colorado Central Magazine

San Luis Valley groundwater

Water watchers in the San Luis Valley have had a lot to keep them busy lately. The State Supreme Court heard arguments about the state engineer’s confined aquifer rules and now everyone is waiting for a ruling. The rules mandate that those pumping from the confined aquifer are required to replace withdrawals with an equal amount of water.

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Central Colorado Water Update

Column by John Orr

Water – January 2008 – Colorado Central Magazine

Arkansas and South Platte Roundtables Combined Meeting

The Arkansas, South Platte and Metro roundtables recently held a combined meeting. Harris Sherman, the Director of the Colorado Department of Natural Resources, was the keynote speaker. He is now a cheerleader for the roundtable process after overcoming his skepticism earlier in the year.

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Central Colorado Water Roundup

Article by John Orr

Water – December 2007 – Colorado Central Magazine

Rising Water in the Leadville Mining District

Water levels are rising in the Leadville Mining District and officials are hoping to get a handle on the cause and find a solution. At this point, a collapse of the Leadville Mine Drainage Tunnel appears to be the probable cause. But finding a solution is complicated by the mix of local, state and federal agencies involved with the Superfund cleanup site.

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Water Developments

Column by John Orr

Water – November 2007 – Colorado Central Magazine

Groundwater

Groundwater is on everyone’s radar recently. Over in Colorado Springs the Arkansas Basin Roundtable sponsored a two day conference on recharge, which included sessions on water law, successful recharge efforts, groundwater science and engineering as well as on impediments to recharge efforts. Attendees even got a chance to hear state legislators and their views on recharge.

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Water Update

Article by John Orr

Water – October 2007 – Colorado Central Magazine

General Mining Law of 1872

Congress has it’s eyes on a revamp of the General Mining Law of 1872. One of the reasons is the cost of land under the act — $5 per acre with no royalties. Another is that it reduces backcountry access due to closures from mining firms worried about liability claims. The act gives federal officials little leeway to deny mining claims

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Central Colorado water update

Column by John Orr

Water – September 2007 – Colorado Central Magazine

Rio Grande Basin Roundtable

At a recent meeting of the Rio Grande Roundtable, the Rio Grande Headwaters Land Trust requested $1.5 million in funding from the Colorado Water Conservation Board. They’re hoping to preserve 26,000 acres of private land along the river for future generations. The funding will be used to match funds from the Great Outdoors Colorado Legacy Grant program.

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Central Colorado Water Update

Article by John Orr

Water – August 2007 – Colorado Central Magazine

Arkansas River Basin Roundtable

The July meeting of the Arkansas River Basin Roundtable was held in Poncha Springs. The meeting, normally held in Pueblo, was moved to increase attendance from and better represent the upper basin. The Colorado Water for the 21st Century Act set up roundtables for each of the major river basins in Colorado (with one extra for the Metro Denver area).

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Central Colorado Water Developments

Article by John Orr

Water – July 2007 – Colorado Central Magazine

Fryingpan-Arkansas Project News

Dueling bills have been introduced for increasing the storage in Pueblo Reservoir. Doug Lamborn’s (CO-5) seeks to study the feasibility of expanding storage in the Reservoir by 50,000 acre feet along with allowing long-term storage contracts. The bill would pave the way for Colorado Springs’Southern Delivery System project. The SDS consists of a pipeline from the main stem (or Pueblo Reservoir) to the city, with return flows running down Fountain Creek. Congress would need to separately authorize the reservoir expansion.

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Central Colorado Water Update

Brief by John Orr

Water – June 2007 – Colorado Central Magazine

Aurora water storage and exchange contract not popular with everyone

The city of Aurora owns extensive water rights on the Arkansas River and often uses exchanges to manage its water assets. But Aurora is on South Platte drainage, so sometimes the city’s plans conflict with the desire of water officials on the Arkansas River who are working to keep water from being moved out-of-basin.

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