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As Colorado River reservoirs shrink, feds ask for work-arounds for 2022

Glen Canyon Dam photo
Glen Canyon Dam, December 2021. Credit: Allen Best


By Allen Best

Barring epic snowstorms during the next four months, reservoirs on the drought-strapped Colorado River will enter new territory in 2022, likely unable to fill such basic missions as generating hydropower.

In response, the reservoirs’ owner, the U.S. Bureau of Reclamation, is moving quickly to create work-arounds.

The Colorado River Basin serves seven states and Mexico. It is divided between the Upper Basin states of Colorado, New Mexico, Utah and Wyoming, and the Lower Basin consists of Arizona, California and Nevada.

“We simply must focus on short- and near-term operational challenges in both the Lower Basin and Upper Basins,” said Camille C. Touton, the recently sworn in commissioner of Reclamation.

Colorado River Basin map
Credit: Chas Chamberlin

But it is the Upper Basin’s Lake Powell that is causing the most concern right now. “We face unprecedented operational challenges at Glen Canyon Dam in a matter of mere months, even weeks,” she said. “Depending on the hydrology, Powell could decline to fall below minimum power pool for long durations.”

The U.S. Department of Interior has made clear its intention to protect lake levels, to ensure protection of the “structural integrity of the infrastructure,” said Tanya Trujillo, the undersecretary for water and science at the agency.

“We at Interior have a federal responsibility to protect the populations we serve,” she said in the final session of the Colorado River Water Users Association Conference in Las Vegas on Dec. 16. “That includes protecting the infrastructure. I have asked (the Bureau of) Reclamation to develop options for consideration in case we see these dry trends continuing.”

What those options might be isn’t clear yet.

Bart Miller, water program manager at Western Resource Advocates, said the water crisis is an opportunity to accelerate water conservations. “We have a real need to act in the next couple of years,” he said.

Comments in Las Vegas alluded to the sobering realities. “All hands on deck,” said John Entsminger, general manager of the Southern Nevada Water Authority.

Colorado and other basin states have tightened water use since 2002. As documented at Powell, however, the belt-tightening lags what is needed. The pace must be hastened. Exactly how is the question facing Colorado and other states.

Projections show a high risk of continued drying. The two big reservoirs, Mead and Powell, in January 2000 were at 95% of capacity with a combined storage of 47 million acre-feet. By April 2022, they are projected to be less than 30% full with a combined storage of 15 million acre-feet.

Both reservoirs reached historically low levels last summer, holding the least amount of water since they began filling in the 1930s and 1960s respectively. The inflow into Powell last spring and summer was the second lowest on record.

Elevation 3,525 feet is the line in the sandstone established by water managers at Glen Canyon. That will provide a 35-foot buffer above the level below which hydropower cannot be produced. Modeling by the Bureau of Reclamation in December showed a 47% chance that Powell could drop below the target level for ensuring continued safe hydropower generation as soon as 2023.

“Everything associated with Lake Powell is critical to operation of the whole basin,” said Patrick Tyrrell, Wyoming’s representative on the Upper Colorado River Commission.

“We’re not quite sure how the lake will operate if that water elevation approaches the top of the penstocks,” he said. It’s also not clear how water can be released from the reservoir at that lower level, sometimes called dead pool, he added.

Water levels at Powell had declined to within inches of 3,525 this year before the Bureau of Reclamation released water from upstream reservoirs in Colorado and Utah beginning last July.

Looking ahead, officials said aggressive conservation will be key and Las Vegas’ efforts are among those being watched closely. Still rapidly growing, now with 2.3 million residents, the Southern Nevada Water Authority, which serves the city and its suburbs, relies upon the Colorado River to provide 90% of its supplies in a valley that gets less than 4 inches of rainfall a year. Yet even as the population has grown 52% in this century, river consumption has declined 23%.

Las Vegas has achieved this feat by using both carrots and sticks. It may not be noticeable on the Strip because the Bellagio fountains still put on a show and the toilets still flush. In the new suburbs, though, you see almost no grass in front yards, and it’s limited in backyards.

Tightening in Vegas continues. Colby Pellegrino, deputy general manager for resources at Southern Nevada, reported at the conference proposals to trim water use at existing golf courses and ban water for new courses. Swimming pools will shrink in size.  And a new Nevada law prohibits Colorado River water use on non-functional turf by 2027.

Water deliveries to Arizona, California and Nevada have declined 22% from 2002 and 2020. More cuts are coming. During the conference in Las Vegas, representatives of the three states signed an agreement known as the 500+ Plan, that requires them to cut 500,000 acre-feet in 2022 and 2023. The plan also requires the three states to pool a collective $100 million, to be matched by a grant from the federal government, for implementation of water efficiency and conservation.

What about the upper-basin states? They have never used their full legal entitlement to river water, and Utah, in particular, wants to build a pipeline from Powell to the rapidly growing St. George-Hurricane area.

In Colorado, agreement about the need for tempering demand has been coalescing. Miller, of Western Resource Advocates, points out that operational adjustments, such as the Upper Basin reservoir releases this year, rely upon existing water, and cloud-seeding to generate more snow cannot solve the problem.

That leaves conservation as the area for more fruitful work to match the rapidly changing climate in the Colorado River Basin.

Past agreements in the Colorado River Basin show a long gestation time that can then emerge into policy given certain political climates. The current situation on the Colorado River provides that opportunity, say John Fleck, of the University of New Mexico’s Department of Economics and Water Resources Program, and Anne Castle, of the Getches-Wilkinson Center at the University of Colorado-Boulder.

“State and federal water officials should seize this opening, cognizant of its likely limited duration, and cement new agreements that steer river operations in a more sustainable direction,” Fleck and Castle say in a recent article. “Well-timed and explicit federal direction may be necessary to catalyze the already ongoing discussions.”

Long-time Colorado journalist Allen Best publishes Big Pivots, an e-magazine that covers energy and other transitions in Colorado. He can be reached at allen@bigpivots.com and allen.best@comcast.net.

Fresh Water News is an independent, nonpartisan news initiative of Water Education Colorado. WEco is funded by multiple donors. Our editorial policy and donor list can be viewed at wateredco.org.

The Water Desk’s mission is to increase the volume, depth and power of journalism connected to Western water issues. We’re an initiative of the Center for Environmental Journalism at the University of Colorado Boulder. The Water Desk launched in April 2019 with support from the Walton Family Foundation. We maintain a strict editorial firewall between our funders and our journalism.

Special Report: Climate change is sapping Colorado’s water supplies. Can its hallmark water law stave off crippling shortages?

Greeley No. 2 Canal photo
The Greeley No. 2 Canal is cleaned and reshaped during work earlier this month. (Courtesy photo/Dale Trowbridge)

Editor’s Note: This week, in a special collaborative report with nine other Colorado news outlets, Fresh Water News and the Colorado News Collaborative examine Colorado’s hallmark “first-in-time, first-in-right” prior appropriation doctrine. The doctrine is coming under increasing scrutiny as the state’s rivers and reservoirs dry out. We go on the ground from Evans to San Luis to Cortez to see how the venerable doctrine, which has shaped water distribution across the West, is working.

This report is based on the work of the nine media outlets, Fresh Water News, and the Colorado News Collaborative, undertaken as part of a water news training program for journalists. The journalists are: Trevor Reid, The Greeley Tribune; Michael Elizabeth Sakas, Colorado Public Radio; Zack Newman, 9News; Kate Perdoni, Rocky Mountain PBS; Jim Mimiaga, The Cortez Journal; Philip Poston, the Aurora Sentinel; Olivia Emmer, The Sopris Sun; Priscilla Waggoner, the Valley Courier; and Tara Flanagan, the Ark Valley Voice. This program was made possible by a grant from the Colorado Media Project and the Denver-based Gates Family Foundation.

By Jerd Smith

In Evans, Colo., four miles south of Greeley, houses are shooting up.

Once a quiet farm town, Evans is scrambling to come up with enough water to slake the thirst of hundreds of new homeowners, drawn here by comparatively affordable housing.

Evans City Manager Jim Becklenberg says the town can supply the faucets of its 22,000 residents.

“We have enough water in our water portfolio to meet the needs of our existing population,” he said.

But future water needs will have to be met by developers, who are required to buy water and bring it to the city for use. It’s an expensive process that can often mean nearby irrigated farmland with old, high value water rights is bought and then dried up so the water can be transferred to cities.

While large northern Colorado cities like Loveland, Greeley and Fort Collins have older water rights, and have been able to buy extra water over the years, small cities like Evans haven’t had enough money to do so, Becklenberg said.

Irrigation ditch photo
Water from acequias, a shared collection of gravity-fed irrigation ditches have been a historical part of irrigation in the San Luis Valley. (PBS Photo)

Gold, silver, land

Gold, silver, land

In Colorado, acquiring water is a complicated undertaking due in part to Colorado’s hallmark “first-in-time, first-in-right” water law, known as the prior appropriation doctrine.

The doctrine dates back 150 years to when Colorado was a territory rich in gold, silver and land, but not water. It evolved to ensure no one could hoard water and deprive others of its use. Any farmer, miner or homesteader could claim water on a stream, divert that water, and put it to use, establishing a place in the priority system of water rights. It was a common person’s dream and had a certain fairness to it, ensuring that whoever got in line at the drinking fountain first, as University of Denver law professor Tom Romero puts it, gets to drink first. Everyone else takes their turn later.

But the doctrine is coming under increasing scrutiny as the state’s rivers and reservoirs dry out and tens of thousands of people continue moving here every year. Is prior appropriation up to the task of divvying up the state’s water in an era of increasingly frequent and severe drought conditions? It depends on whom you ask.

David Robbins, a water attorney who represents water districts in some of the state’s most water-strapped regions, such as the Rio Grande and Lower Arkansas basins, says the prior appropriation system is a sturdy, legally tested allocation system.

“To people who want water and don’t have water, the system doesn’t feel fair because they can’t have what they want. But that would be true under any system,” Robbins said. “Somebody has to make decisions and water has to be allocated. It doesn’t and can’t satisfy everybody’s desires because water is inherently finite.”

In Colorado, a water right is a private property right that can be bought and sold, with certain conditions. Older, more senior water rights, because they are entitled to water first during dry times, are more valuable because they are more reliable.

Water rights are officially entered in the system only after they’ve gone through the state’s special water courts, where the law requires that diversion histories are certified, that diversion amounts are quantified, that times of use are established, and that other water systems on the same stream are not injured by a new water claim. The law also requires that water only be applied toward a list of legally defined “beneficial uses,” including farming, mining, drinking water, and environmental flows, among others.

Benchmarks fall

Pressure on the system is rising as water supplies hit record lows. The Colorado River, for instance, may see a crucial water benchmark fall as the river’s flows continue to decline. The river system supplies Colorado communities and growers all across the state. In as little five years, according to climate researcher Brad Udall, the Upper Colorado River Basin states of Colorado, Wyoming, Utah and New Mexico, may not be able to deliver the 7.5 million acre-feet of water they are required to annually to Arizona, California and Nevada under the terms of the 1922 Colorado River Compact.

If that happens, many Colorado communities with water rights junior to 1922 could see their water supplies slashed so that the state can meet its legal obligations.

And a movement known as the Rights of Nature for Rivers is suggesting that Colorado’s rapidly drying streams need better protection under the prior appropriation system, such as giving first dibs on streamflows to rivers to protect their ecological value instead of to whomever has the oldest right to pull that water out.

“The movement would claim that keeping the water in the river is beneficial itself and to the non-human species and the ecosystem,” said Gary Wockner, one of the movement’s founders. “It is an expansion of prior appropriation’s law that recognizes the original user of the river was the river itself, and the river has the right to be in the discussion and in court.”

Thousands of water rights

Colorado has more than 164,000 water rights on file, according to data analyzed by 9News.

Agriculture uses roughly 86% of Colorado’s water and the state’s oldest, most historical water rights are found in a small, communal farm community that includes San Francisco and San Luis in the Rio Grande Basin’s San Luis Valley.

Here, water use dates back to the 1600s, but those water rights weren’t brought into the state’s prior appropriation system until the mid-1800s when water officials still rode on horseback to check diversion structures and irrigation ditches.

To the families of the San Luis Valley, the acequias, as their ditches are known, are a liquid thread feeding a farming culture that existed long before Colorado became a state.

And many of the ranchers here, including Charlie Quintana, believe the prior appropriation doctrine, known informally as the priority system, has stood the test of time.

In his pocket is a list of the water rights and their dates for the area’s acequias. “The acequias are the priority system,” he says.

List of priority water users photo
List of priority acequia water users dating back to 1905. (PBS Photo)

Rights on paper

Native American Tribes too hold some of the oldest water rights. And prior appropriation has profoundly affected the way those tribes’ have developed.

In Southwestern Colorado, just miles from the New Mexico state line, the Ute Mountain Utes, like dozens of Native American tribes, have valuable, very old water rights that were granted as part of the Winters Doctrine, a landmark 1908 U.S. Supreme Court decision that gave tribes enough water to fulfill the needs of their reservations. That decision backdated tribal water right priority dates to the date the reservation was established. Theirs dated back to 1868. But for more than a half-century, the tribe never had the money or the expertise to claim the water formally in Colorado’s water courts and to develop the measuring devices, dams and ditches required to put it to beneficial use, as the prior appropriation system requires.

As a result, in a 1988 water rights settlement, the tribe traded its 1868 paper water rights on the Mancos River in exchange for more junior wet water rights in the Dolores Project, a federal storage system on the Dolores River that stores water in McPhee Reservoir, said Mike Preston, a water consultant for the tribe.

Now one of the tribe’s largest employers, the Ute Mountain Ute Tribe Farm and Ranch Enterprise, has a water right that is much younger and therefore less valuable.

This year, it received just 10% of its water, as did other farmers in the Dolores Project. If it had been able to put its 1868 water rights to beneficial use 150 years ago, it would have still been affected by the drought, but it would have had more water.

Now, as the drought continues, the tribe is redoubling its efforts to study and claim all of its water rights, including on the San Juan River, said Ute Mountain Ute Chairman Manuel Heart.

Ground corn photo
David Pettigrew, with the Ute Mountain Ute Bow & Arrow Brand cornmeal mill, fills a bag with ground corn at the mill near Towaoc, Colo., on Oct. 20, 2021. (Jerry McBride/Durango Herald)

Cities double down too

Like other junior water rights holders, the fast-growing City of Aurora, Colo., has worked hard to secure a seat at the water table, spending millions of dollars buying older water rights when it can find them, and developing new junior water supplies when it can.

“Aurora got into the water game late,” said Greg Baker, Aurora Water’s manager of public relations.

Aurora was wholly served by the city and county of Denver until 1954 when Denver Water put into place a “blue line” no longer granting permits for new taps in the ever-growing metropolitan area, leaving parts of Aurora out of Denver’s service region.

The completion of phase one of the Homestake Reservoir, which the city shares with Colorado Springs, was in 1967 and, with that, Aurora was able to become completely self-reliant when it came to supplying water to its residents.

Though Aurora has been aggressive in buying water rights and building storage, 10% of its supplies come from reusable water developed through its $637 million Prairie Waters Project. Completed in 2010 the large-scale reuse system captures Aurora’s wastewater after it is released into the South Platte River, then filters it through a system of wells and sand and gravel pits, treating it and mixing it with fresh water before it is delivered to residents.

Without its large tax base, Aurora would have had a much harder time developing a reliable water system in modern times when most of the state’s oldest water rights are already taken.

Pretty smug

Even communities with older rights, though, are seeing supplies dry up as climate change and drought sap stream systems where water once was plentiful.

Bill Fales has been raising cattle on Cold Mountain Ranch in Carbondale, Colo., since he moved here in 1973. In his 48 years working the approximately 600-acre mosaic of pastures, of which around 250 are irrigated, Fales has experienced some tough years, when the Crystal River ran low, but largely felt confident about having the water he needed.

That confidence has been eroding.

“2018 was really bad, 2020 was really bad, 2021 was pretty terrible. I used to be pretty smug and think, ‘Well, hell, my right’s 1883. I’ll still be standing out here with my shovel, irrigating my alfalfa, and the guys in Denver will turn on the faucet to brush their teeth and nothing will come out,” Fales said.

But these days  he’s worried that little will help farm and urban users with water shortages that are beginning to appear.

Other subdivisions in the Crystal River Valley have long relied on wells next to the river. But in the drought of 2018, the subdivisions’ taps ran dry. They scrambled to drill a new well under their 1971 water right. But that would not be enough. Soon they learned that their water use, for the first time ever, was harming a senior 1902 water right holder farther down the river system.

Now the homeowners are buying water to offset their own water use under a state-required plan to prevent any more harm to the senior water right holders on the stream.

Taxing itself to survive

Rows of planted rye photo
Planting rye after potatoes on Nissen Farms in the San Luis Valley’s Mosca, Colo., with the Great Sand Dunes in background on Oct. 21, 2021. (Erin Nissen)

Far to the southeast, in the San Luis Valley, water too is in short supply. Here, in what is the second-largest potato growing economy in the nation, farmers are under orders to reduce groundwater pumping to protect the Rio Grande River and ensure Colorado can meet its legal obligation to deliver millions of gallons of water to New Mexico and Texas.

More than a decade ago, farmers voted to tax themselves to solve the looming legal water crisis, using the revenue to buy irrigated farmland and dry it up, so that unused water could remain in the aquifer that supplies the river. But the relentless series of droughts the state has endured since 2002 have wiped out much of the farmers’ work to restore the aquifer. If the situation doesn’t improve soon, the state could shut off thousands of irrigation wells.

To prevent that from happening, farmers will vote next year on whether to dramatically raise penalties for over-pumping from $150 per acre-foot to $500, an increase long-time farmer Don Shawcroft believes will provide the necessary jolt to convince valley farmers to change their irrigation strategies.

“This valley relies on agriculture, and agriculture relies on water. If that water is shut off or worse – used up – none of these towns will survive,” he said. (Editor’s note: Shawcroft sits on the board of trustees for Water Education Colorado, which sponsors Fresh Water News.)

The challenge will come

Whether prior appropriation will weather the coming dry years remains to be seen.

“What prior appropriation does really well is provide certainty. It’s a sophisticated system, but in principal and theory it’s simple,” says DU’s Romero. “We know that when there is not enough water those at the front of the line get their water. That creates predictability and certainty. Historically, it has also provided opportunity,” he said.

But the challenge will come, he said, “when you envision uses that aren’t prescribed, or if you need access to the water and need to reallocate it. Running it through our water court system is pricey. It requires expertise and investment…who is in the best position to cover those costs?

“It’s either big private water developers and the state, or water utilities like Denver Water and Aurora Water. They are in the best position to cover those costs, which raises a big question: Is this market scheme going to serve the public interest?”

Ask someone on the ground

Tara Flanagan is secretary of the Bowen Ditch Company in the Upper Arkansas River Basin. Keeping this 140-year old ditch functioning requires backbreaking labor, pre-dawn emails between neighbors, and faith that each spring the snow will fall, melt, and flow down to the handful of families still relying on it for water.

Flanagan, who is also a reporter for the Ark Valley Voice, describes the prior appropriation system as her “frenemy.”

“In a perfect world, nobody would need to care one iota about the words prior appropriation, which at first glance is an eye-glazing term that has spent entirely too much time living in the heads of politicians and water lawyers – as well as the tattered log book for the Bowen Ditch Company that sits under my desk.

“But people have died over prior appropriation, so there’s that.

“Prior appropriation means this,” she continues. “The date when your water rights were officially filed with the State of Colorado has everything to do with you getting water on your fields and how long you are able to have it. Unlike birth certificates and things stored in your refrigerator, the earlier your date, the better.”

Bowen Ditch Company secretary Tara Flanagan photo
Bowen Ditch Company secretary Tara Flanagan at the corner of her land, where the channel crosses to the south. (Tara Flanagan)

Fresh Water News is an independent, nonpartisan news initiative of Water Education Colorado. WEco is funded by multiple donors. Our editorial policy and donor list can be viewed at wateredco.org.

The journalists are: Trevor Reid, The Greeley Tribune, treid@greeleytribune.com; Michael Elizabeth Sakas, Colorado Public Radio, msakas@cpr.org; Zack Newman, 9News, zack.newman@9news.com; Kate Perdoni, Rocky Mountain PBS, kateperdoni@rmpbs.org; Jim Mimiaga, The Cortez Journal, jmimiaga@the-journal.com; Philip Poston, the Aurora Sentinel, pposton@sentinelcolorado.com; Olivia Emmer, the Mt. Sopris Sun, olivia@soprissun.com; Priscilla Waggoner, the Valley Courier, pwaggoner@alamosanews.com; and Tara Flanagan, the Ark Valley Voice, tara@arkvalleyvoice.com.

The Water Desk’s mission is to increase the volume, depth and power of journalism connected to Western water issues. We’re an initiative of the Center for Environmental Journalism at the University of Colorado Boulder. The Water Desk launched in April 2019 with support from the Walton Family Foundation. We maintain a strict editorial firewall between our funders and our journalism.

Crystal River restoration finding its footing in Carbondale park

Crystal River photo
The Crystal River widens and becomes shallower just before it passes under the southern bridge into River Valley Ranch. A group of local organizations is working to restore both the stream and the banks. CREDIT: WILL GRANDBOIS / ASPEN JOURNALISM

By Will Grandbois

The town of Carbondale and the Roaring Fork Conservancy are finalizing funding to restore a half-mile stretch of the Crystal River and 18 acres of riparian habitat — provided they can convince Colorado Parks and Wildlife that it can be done with a light touch.

The location, next to the River Valley Ranch subdivision on the south side of town, is the ideal spot for the effort due to Carbondale’s Riverfront Park on the west side and the headgate for the town-owned Weaver Ditch on the east side, with some associated in-stream impacts.

As spelled out in a Water Plan grant request to the Colorado Water Conservation Board — originally slated for consideration in September but since pushed back to January — improvements will include streambank stabilization and river channel restoration, plant diversification and better access to the park as well as an automated ditch headgate. Efficiency work is ongoing on the ditch itself, but it is not officially part of the project.

The cost of the whole effort was originally estimated at $1,466,478, with roughly half hinging on the Water Plan grant. The multifaceted nature of the project lends itself to a wide array of sources to pay for the rest.

At least eight other agencies have committed funding or are considering grant applications. This includes $100,000 awarded from the Colorado River Water Conservation District in October. Other agencies partnering in the project include the Pitkin County Healthy Rivers Program, Great Outdoors Colorado, Colorado Parks and Wildlife’s Fishing Is Fun Program and the Aspen Valley Land Trust. Carbondale has committed at least $220,000 toward the effort to improve the reach of river described in the Water Plan grant application as “severely to unsustainably degraded.”

The project’s many layers make it a perfect fit for the Roaring Fork Conservancy (RFC), according to Heather Lewin, director of Watershed Science & Policy.

“You’ve got so many different things that we’re interested in doing — a flow issue, a riparian corridor, this older ditch outtake and the potential for efficiencies within the ditch itself,” she said.

Grandbois Park photo
Although better access and an outdoor classroom are part of the plan, the majority of the property will remain relatively rustic to provide an authentic outdoor experience and good wildlife habitat. CREDIT: WILL GRANDBOIS / ASPEN JOURNALISM

It’s also in alignment with the 2016 Crystal River Management Plan, which seeks to preserve the river’s scenic, historic and recreational values in the face of development and water demands. But few private owners have the time or money to devote to irrigation improvements or wetland rehabilitation. And it shows.

“There are certain concerns about areas of low flow on the Crystal and what that does for aquatic habitat and overall stream health,” Lewin said.

Although the work won’t necessarily increase the amount of water in the river, it should help mitigate the Weaver Ditch’s impact. Until now, the town has maintained a somewhat antiquated “push-out” diversion into a manually operated gate. It requires substantial in-stream changes to keep water flowing into the ditch, which sometimes means heavy machinery.

“The only way the machinery can access it is to drive about a quarter mile in the river,” Lewin said. “You’ve got this artificially widened, shallow, low-flow channel. There’s a pretty big difference between super-low water and high water.”

The new headgate, slated for installation this winter, will feature automation, freeing the ditch rider from making frequent trips to adjust it. With time, an algorithm should predict the ebb and flow of water supply and demand and adjust to compensate. Meanwhile, reconstructing a narrow, deep stream channel could allow the river to flow clear and cold even at low water.

Crystal River overhead photo
This view, looking north toward the town of Carbondale, shows the Crystal River and the ditch. Other than headgate improvements, most of the riparian work will take place on the west side of the river. CREDIT: PHOTO COURTESY OF ROARING FORK CONSERVANCY
Crystal River restoration project map
A map showing the site of the Crystal River restoration project led by Roaring Fork Conservancy and the town of Carbondale. CREDIT: COURTESY IMAGE

The ends and the means

But there’s a hangup. Although the conservancy is confident in its ability to raise the remaining funds and the project is otherwise shovel-ready, Colorado Parks and Wildlife (CPW) is concerned about the immediate impacts of construction, said Matt Yamashita, area wildlife manager.

“We’re in charge of articulating the needs and concerns of the resource,” he said. “The proposed instream construction window is estimated at about four months. There’s really not a single window that wouldn’t be grossly impactful to all the fish species during the year.”

According to Yamashita, in-stream projects in the area would typically be limited to between Aug. 15 and Sept. 30 in hopes of avoiding fish spawning and egg incubation. By those rules, work would probably take several years to complete, with a substantial increase in cost. But CPW is working with project partners to try to build a model for larger projects like this one.

“We support the scope of the project wholeheartedly,” Yamashita said. “The future of our waterways is only going to continue to become more and more impacted, so the more time and effort we can put toward improving those and preserving their natural qualities, the better.”

The park enhancements should be more straightforward. The most visible part of the project for the general public will be additional accessibility via an Americans with Disabilities Act-compliant ramp and an outdoor classroom to engage the public. Most of the park will remain fairly primitive.

Weaver Ditch and fisherman
A fisherman takes advantage of the water pooling at the Weaver Ditch headgate on a fall afternoon. Both the gate itself and the river around it are slated for changes to ease impacts on the river itself. CREDIT: WILL GRANDBOIS /ASPEN JOURNALISM

Keeping it simple

The restoration project is less intensive than what Aspen Valley Land Trust (AVLT) first proposed in a round of public presentations in 2015. It was one of the first projects identified for the River, Riparian and Restoration (R3) Fund, which memorializes brothers Kea and Ian Hause. For AVLT’s executive director, Suzanne Stephens, “it was a great opportunity to show what could be done on a river that needed some love.”

“It is still natural habitat, which there’s not a lot of when you’re looking at a river that’s running through town,” she said.

The original vision called for a fairly significant overhaul of a longer stretch of river, but that didn’t sit well with area residents.

“At that point, it was just a much bigger project than folks wanted to support,” she said. “We kind of went back to the drawing board, dialed back the plan and did some more community engagement to figure out how to maintain the scenic, parkland nature of that land without domesticating it.”

With the town and RFC stepping up, AVLT has been able to take more of a support role, with the R3 Fund contributing $10,000, according to the Water Plan application.

“It’s been a long, winding road, but I feel like going slow and having all the right partners on board are really key,” Stephens said. “Hopefully, we get some momentum, and more folks want to start doing things like this.”

This story appeared in the Nov. 13 edition of The Aspen Times.

The Water Desk’s mission is to increase the volume, depth and power of journalism connected to Western water issues. We’re an initiative of the Center for Environmental Journalism at the University of Colorado Boulder. The Water Desk launched in April 2019 with support from the Walton Family Foundation. We maintain a strict editorial firewall between our funders and our journalism.

Suburban Marshall Fire stuns Colorado as statewide wildfire protection efforts ramp up

Burnt Northern Water land photo
Lands in Northern Water’s collection system scarred by East Troublesome Fire. October 2020. Credit: Northern Water

By Jason Plautz

As J.T. Shaver, a forester with the Colorado State Forest Service, strolls through the Hutchison Ranch, a legacy cattle farm in Salida, Colo., it’s what he doesn’t see that excites him most.

Last year, the trees here were so dense you couldn’t see more than 20 feet away. The 11,713-foot peak of Methodist Mountain was obscured by piñon-juniper trees. Now, the trunks are pleasantly spaced out, letting in beams of sunlight. The ground is scattered with wood chips and stumps, feeding a healthy new bed of grasses.

“This looks completely different than this time last year,” Shaver says. “I’m pleasantly surprised.”

The landscape’s evolution was the result of a weeks-long treatment organized by Shaver’s office to help this 5,800-person town prepare for wildfire. By thinning the dense thickets of trees, any fire that does reach the ranch shouldn’t burn hot and fast in the crown of the trees. Instead, it should run along the ground with less intensity, burning more naturally. “We’re mimicking the behavior of a wildfire that would have occurred prior to European settlement,” Shaver’s colleague, Josh Kuehn, explains.

Over the past decade, Chaffee County’s once sleepy population has steadily grown as people seek refuge from the busier Interstate 70 corridor. In 2017, county leaders convened a master planning process but were surprised to learn that residents’ No. 1 concern wasn’t small business sustainability or housing prices or even traffic. It was wildfire.

“We knew about the beetle kill epidemic and saw that our forests were in poor health,” says Kim Marquis, project and outreach coordinator for Envision Chaffee County. “The first step to growth planning was taking on our wildfire risk.”

At that point, Chaffee County had been spared from the intense fires ravaging the state in recent decades, although the 2019 Decker Fire would soon burn just two miles south of Salida. But residents had embraced the frightening reality that few places in Colorado are safe from fires. Climate change and the decades-long drought have been fueling bigger and more dangerous fires, leaving devastation up and down watersheds.

The county assembled stakeholders, including state foresters, federal officials, local landowners and farmers, to work proactively to improve forest health. Aurora Water also joined the talks, since a fire near Salida could potentially pollute the headwaters of the Arkansas River, one of Aurora’s primary water sources. The partners thoroughly mapped the area, highlighting the properties and forests most at risk if a fire did come through the Rio Grande and San Isabel National Forests.

While local landowners could take their own preventative measures like shoring up buildings and removing dead trees, the Colorado State Forest Service (CSFS) also received funding for a more holistic treatment. The Methodist Front Wildland Urban Interface Forest and Watershed Health Restoration Project, funded through a RESTORE Colorado Program grant, along with the U.S. Forest Service (USFS), Salida and Poncha Springs, and a county fund, will treat 478 acres of public and private land, masticating trees to thin out the crowns and encourage healthier vegetation. Eventually, with the participation of enough landowners, the fuel break will stretch five miles, creating a buffer between the forest and the ranches, townhomes and small farms in Salida.

How fires went from healthy to hazardous

The Decker Fire, which burned nearly 9,000 acres, came in an unusually calm year in the midst of a decade that has reshaped how Coloradans see fire. Since 2012, six megafires, defined by the National Interagency Fire Center as fires larger than 100,000 acres, have burned in Colorado.

Last week, the Marshall Fire in Boulder County, though just a few thousand acres in size, became the state’s most destructive, burning nearly 1,000 homes in Superior, Louisville and parts of unincorporated Boulder County.

2020 saw the state’s three largest recorded fires to date—Cameron Peak, East Troublesome and Pine Gulch—and some 700,000 acres burned, more than 540,000 of which burned in those three fires alone. And the CSFS’s 2020 Forest Action Plan projects a 50% to 200% increase in the annual area burned in the state by 2050.

Pine Gulch Fire photo
During 2020’s Pine Gulch Fire, north of Grand Junction, Colo., hotshot firefighters watch and wait for the fire to burn through brush and move to grass fields, where the flames become less intense, before they can hold it back. Photo by Kyle Miller/Wyoming Hotshots, USFS, via National Interagency Fire Center

There’s no single factor making Rocky Mountain fires more intense. Bark beetle infestations swept through tens of millions of acres of forest in the West over the past two decades, leaving large stands of dead trees. A century of federal policy that squelched out all fires rather than letting them burn naturally led to a buildup of fuel stores in forests. Climate change is creating warmer and drier conditions, and an earlier snowmelt has extended the fire season.

Chuck Rhoades, a research biogeochemist at the USFS’s Rocky Mountain Research Station, says those “compound disturbances” have created a pattern of fires that are burning more intensely and in places and seasons that experts wouldn’t predict. Fires that once would have been a natural tool to clear dead fuel and encourage seeds to sprout are now a major threat to communities. Some, including Cameron Peak and East Troublesome, have ravaged high-elevation forests where fires used to be rare. A 2021 study in the Proceedings of the National Academy of Sciences found that high-elevation forests in the Rocky Mountain region are burning more than at any point in the past 2,000 years.

That, Rhoades says, means land managers and cities are seeing impacts outside the scope of anything they’ve prepared for—with ripple effects throughout the environment.

“We often think that where we were before will help us predict where we’re going,” he says. “But there are a lot of question marks out there. It forces a little humility in that we can’t understand what we’re going to get next.”

One known, however, is that the higher-intensity wildfires are putting more Coloradans at risk as the state’s population booms. In 2020, the CSFS estimated that half of the state’s population lived in Colorado’s 3.2 million-acre wildland-urban interface area, known as the WUI, where human development intermingles with fire-prone vegetation. By 2050, CSFS says that area could triple in size to encompass more than 9 million acres, or more than 13% of the state.

The risks are especially profound for watersheds. As more intense fires clear out thick older trees, shrubs and grasses grow back in their place. Without dense roots and pine needle cover, the forest floor that typically acts as a sponge for snowmelt and precipitation is turning fragile and rocky. Those are prime conditions for erosion and flooding, with streams and rivers accumulating water faster and earlier than usual. According to USFS research, the risk of flooding and debris flow is higher for at least 3-5 years post-fire, often longer, and those floods can be as much as three times more severe than they would be otherwise.

Runoff from burn scars can run black, laden with ash, debris, nutrients and heavy metals from burned soil and biomass. If those contaminants reach utilities’ water infrastructure, they can clog water filters or settle in reservoirs, possibly fostering algal blooms and taking up valuable reservoir space.

The 1996 Buffalo Creek Fire and the 2002 Hayman Fire, the largest in Colorado’s history until 2020, each burned along the Upper South Platte River, immediately upstream of Strontia Springs Reservoir, which accommodates about 80% of Denver Water’s raw water supply and 90% of Aurora’s supply. The fires exacerbated erosion in the watershed, leading to sediment-laden flows that dumped debris and contaminants in the reservoir. More than a decade later, the reservoir’s capacity to store water remains reduced, and water quality is still impacted from sediment flows, even after $27.7 million worth of dredging, removal and recovery work. Last year’s fires caused water utilities across the state to shift their operations to protect their source water.

It’s clear, then, that the risks of fires no longer stay in the forest. Partnerships have sprung up from Boulder to Durango to protect valuable watersheds and water infrastructure, forcing water district managers to become just as interested in what happens to the forest around headwaters as what goes into their customers’ pipes.

All hands on deck

In 2020, the Colorado State Forest Service released its updated Forest Action Plan, identifying some 2.5 million acres—roughly 10% of the state’s forests—as being “in urgent need of treatment.” The highest priority forests were in the Front Range’s Arapaho-Roosevelt and Pike-San Isabel forests and in the San Juan Forest around Durango. “We have to prioritize those areas where we’re going to get the most bang for the buck,” says Weston Toll, watershed program specialist for the CSFS. Still, he says, with so much of the state at risk, “we’re paddling against the current.”

The Forest Action Plan’s priority map reflected a range of factors, including where fuel had built up, how close fires could get to human development, and the impact on wildlife and water. But those areas didn’t all line up with valuable headwaters, despite some water managers’ arguments that any waterways must be protected. Nor does the map give much direction on how to square the widespread needs with limited resources.

Wildfire mitigation used to be defined by what some experts call “random acts of restoration,” individual projects on small plots of land depending on the owner’s interest and availability. A National Forest might have dead trees removed and fuel treated for insect infestation, but neighboring land might be left untreated, doing little for the overall region’s safety.

Now, the USFS and others are promoting a philosophy of shared stewardship, bringing together a variety of partners ranging from federal land managers, local water districts, utilities, logging companies, recreationists and private landowners to collaborate on responsible forest management.

Toll says the state may still be paddling against the current, but “it helps to have everyone paddling in the same direction, which wasn’t happening until five or 10 years ago.”

Watershed Assessment Vulnerability Evaluation (WAVE) volunteers photo
Watershed Assessment Vulnerability Evaluation (WAVE) volunteers work to install silt fencing immediately above Northern Water’s Willow Creek Reservoir. Photo by Emanuel Deleon, Colorado State University

‘Mutual benefits’

After the runoff from the Buffalo Creek and Hayman fires poured sediment into Strontia Springs Reservoir, officials at Denver Water realized they could be spending less money and having a bigger impact by focusing on preventing fires and flooding before the effects reached their infrastructure. The utility formed the From Forests to Faucets partnership with USFS, a multi-year effort to fund forest health projects to boost resilience in priority areas within Denver Water’s collection system. In 2017, the program was expanded to include state and local authorities to stretch Denver Water’s forest health work to non-federal lands.

Fuel breaks around the Dillon Reservoir watershed funded by the program are credited with protecting nearly 1,400 homes near Silverthorne during the 2018 Buffalo Fire, despite red-flag drought conditions.

“There was this exciting realization that there were a lot of mutual benefits in funding these projects,” says Madelene McDonald, watershed planner at Denver Water. “Forest restoration projects not only bolster source water protection, but also improve wildlife habitat, expand recreation access, and can protect communities in the wildland urban interface.”

But it is also incumbent on communities to do their own preparation. That can include building codes that require fire-resistant building material or defensible space requirements to clear fuel from some established perimeter around buildings. Colorado does not have a state wildfire code or model ordinance, despite recommendations from a 2014 task force, but communities like Boulder and Colorado Springs have regulations governing new homes in at-risk areas.

“There’s a big educational component, but seeing a disaster happening right in our faces prepares people,” says Marquis of Envision Chaffee County. “We’re asking people to join this honestly heroic story to protect the community.”

Money matters

Addressing all of the CSFS’ Forest Action Plan’s priority areas is estimated to cost $4.2 billion, money that state agencies and local partnerships just don’t have. USFS spent $1.8 billion in fire suppression, fighting and responding to wildfires nationally in fiscal year 2020, but just $431 million on treatments to reduce fuel buildup through its Hazardous Fuels program, according to national spokesperson Babete Anderson. According to National Interagency Fire Center data, other federal government programs spent $510 million on fire suppression in 2020. According to a Colorado Department of Public Safety report, Colorado’s 2020 fire season cost the state an estimated $38 million in suppression costs and required another $248 million in federal funds. Those state figures don’t include suppression costs footed by local agencies or the costs of property loss, infrastructure damage, watershed impacts, or economic losses. Nor do they account for other private, local, county or federal wildfire expenses.

Timber photo
Jerry McBride/Durango Herald 09-13-17- Durango- Andy McCoy, right, owner of Cascade Timber Salvage of Bayfield, talks with Josh Merrill-Exton, a timber sale administrator with the San Juan National Forest, before hauling in a load of timber on Thursday near Beaver Meadows Road northeast of Bayfield. Cascade Timber Salvage of Bayfield won the contract and is currently logging in the area and selling the timber.

The federal bipartisan infrastructure bill brings nearly $8 billion for wildfire risk reduction and forest restoration, including $90 million a year for the U.S. Department of Agriculture’s Landscape Restoration Partnership Initiative to support forest and grassland restoration secured by Colorado Sen. Michael Bennet.

Fire departments and forest managers can also cobble together money from grants from a variety of federal sources. In 2021, the Colorado legislature passed SB21-258, which authorized $25 million for wildfire mitigation, recovery and workforce development. In a statement, Colorado Department of Natural Resources director Dan Gibbs said the bill would “quickly move resources to on-the-ground projects and mitigation teams,” a step up from previous efforts that “have lacked the coordination, landscape-scale focus and robust state investment required to properly address the size and behavior of catastrophic wildfires.”

Even with those funding sources, it can be a challenge to prioritize spending in areas with the biggest benefit, or even address the widespread impacts of fires. Studies have shown that up-front mitigation saves costs on fire suppression, but even that is daunting when the needs are so vast.

Shaver, the Salida forester, says his community seems to understand that narrative and is on board with the cost of mitigation, knowing that the worst risk could be coming during any upcoming fire season.

“Sometimes there’s a feeling that you wish a fire would come through to validate the work,” Shaver says. “But a lot of people say they feel safer, and that in and of itself makes the work successful. Feeling safe is a win whether or not anything ever burns.”

Spring Creek Burn Scar photo
Camille Stevens-Rumann, a forestry researcher at Colorado State University, graduate assistant Zoe Schapira, and field technician Zane Dickson-Hunt gather data in 2019 at the 2018 Spring Creek Fire burn scar, near La Veta, Colo. Here, aspen and scrub oak have sprouted but all pine trees and cones were destroyed in the fire. Photo by Mike Sweeney

The megafire era gripping the West isn’t just a threat to human development. Fires now burn so intensely that they literally reshape forests, shift tree species, and turn calm waterways into devastating mudflows.

A 2017 University of Colorado study analyzing 15 burn scars left from fires in Colorado and New Mexico found that as many as 80% of the plots did not contain new seedlings. In a 2020 follow-up study project under different climate change scenarios, the most severe scenario, where climate change continues unabated through 2050, showed as many as 95% of ponderosa pine and Douglas fir forests would not recover after a fire. In a “moderate” scenario where emissions decline after 2040, more than 80% of the forest would be replaced by scrubby grassland.

That, said study author Kyle Rodman, could have serious implications for waterways, due to the lack of established trees to stabilize soil and reduce the risk of flooding.

“Just because there aren’t trees doesn’t mean there’s no vegetation. Grasses and shrubs can hold back the soil, but it won’t be the same,” says Rodman, now a postdoctoral research assistant at the University of Wisconsin.

Nearly two decades later, the site of the 138,000-acre Hayman Fire, which burned in an area southwest of Denver in 2002, is still marred with patches of bare ground. That fire, according to a U.S. Forest Service (USFS) study, was so severe in areas that it consumed the canopy foliage as well as the seed bank for the forest’s ponderosa pines and Douglas firs, limiting regeneration. Overall, the study predicted “gradual return to preferred conditions” in the Hayman Fire area, though some of the worst-hit patches may see permanent vegetation changes.

In lower elevations, some of the heartier species, like the ponderosa pine and Douglas fir, are having trouble regrowing because of the increased heat and months-long drought. A 2018 study found that even seedlings of those species that were given supplemental water in burned areas had lower survival rates than expected because of the harsh natural conditions.

“When you’re planting a garden, those first few days are so critical. The plants need water to establish their roots and get healthy,” Rodman says. “Trees work a much longer timescale. Those first few years should be cool and wet and we just don’t have those conditions too often.”

Some tree species, like the high-elevation lodgepole pine, generally rely on fire because the heat helps them open and release seeds. But recent fires are burning so intensely that even lodgepole cones are consumed.

A 2020 study in BioScience found that burned forests are showing “major vegetation shifts” and recovering more slowly than expected. In some cases, heartier species might give way to drier shrub-dominated vegetation that can burn more easily. The study found that, generally, those post-fire “forested areas  will have climate and fire regimes more suited to drier forest types and non-forest vegetation.”

That means that hearty forests used to adapting to natural changes are now facing conditions “outside the realm of the disturbances that some forests can handle,” says lead author Jonathan Coop, a professor of environment and sustainability at Western Colorado University.

“We have this paradigm that fire is a natural part of the forest and that forests will always recover,” Coop adds. “These days, we shouldn’t count on that.”

That vegetation shift is especially worrisome for waterways. Normally, forest floors soak in rain and snowmelt, releasing it to waterways slowly throughout the spring and summer. Burn-scarred watersheds, however, have faster runoff and a lower water yield because of the loss of natural material and because of hydrocarbons from smoke permeating the soil. A USFS analysis found that more than 50% of wildfire-scarred land area in Colorado showed increased erosion potential, mudslide threats, and sediment in streams for at least 3-5 years after a fire.

Those effects can last even longer depending on natural conditions, says USFS research engineer Pete Robichaud. The wild seasonal swings from climate change are challenging forests by dumping more precipitation on less stable ground.

“The drought cycle is bigger and the wet cycle is more intense,” Robichaud says. “The perfect storm is a high-severity fire followed by a high-intensity rainfall event.”

The harsh natural conditions, as well as widespread damage from bark beetles, has complicated typical recovery efforts. Some scientists say the rapid changes in forest conditions and fire characteristics make it hard to know what the best recovery strategy is. In some forests, for example, aspen trees that regenerate from low-ground structures rather than relying on seeds to sprout may dominate. Especially in low-elevation areas, shrubbier species like the Gambel oak may regrow faster in forests once driven by conifers.

While replanting is a natural step in recovery (USFS hosts six national nurseries that act as seed banks, although it has restrictions on where certain species can be planted), there are even concerns that the natural conditions should prompt a re-examination of how best to revitalize forests. Ultimately, Coop says, we should expect that forests may not look the same as they did in a pre-megafire era.

“I think this points to the need for all stakeholders and the public to start to think outside the box as far as how we evaluate the forests and ecosystems we depend on,” says Coop. “We might have to think about what ecosystems we are saving and under what circumstances we’ll have to let things go and let some changes unfold.”

A version of this article was first published in the Headwaters magazine Fall 2021 issue.

Jason Plautz is a journalist based in Denver specializing in environmental policy. His writing has appeared in High Country News, Reveal, HuffPost, National Journal, and Undark, among other outlets.

The Water Desk’s mission is to increase the volume, depth and power of journalism connected to Western water issues. We’re an initiative of the Center for Environmental Journalism at the University of Colorado Boulder. The Water Desk launched in April 2019 with support from the Walton Family Foundation. We maintain a strict editorial firewall between our funders and our journalism.

Water Desk to support New Mexico and Rio Grande water journalism

The Rio Grande in Albuquerque, New Mexico. Photo by Adobe Stock.

The Water Desk is excited to launch a new program to support water-related journalism in New Mexico and the Rio Grande Basin.

We were honored to recently receive a $50,000 grant from the Thornburg Foundation and a $50,000 matching grant from the Water Funder Initiative to expand our current work beyond the Colorado River Basin.

We’ll be devoting the bulk of the new funding to supporting independent journalists and media outlets so they can produce stories on a variety of water issues confronting New Mexico. We’re also interested in strengthening coverage of Rio Grande issues beyond the state’s borders.

We will be making awards of up to $10,000. Journalists who are interested in the program can learn more about how to apply on this page. The deadline for applications is March 7.

The Water Desk will also be producing content related to New Mexico and the Rio Grande, including data visualizations and free photos/videos for our multimedia library.

Expanding our work to New Mexico and the Rio Grande is a logical extension of our work to advance water-related journalism. A portion of New Mexico is within the Colorado River Basin, so we’ve already supported some coverage there, including stories by New Mexico PBS and New Mexico in Depth.

In its upper reaches, the Rio Grande watershed is adjacent to the Colorado River Basin and the two rivers share many challenges: climate change, aridification, pollution, development, population growth, invasive species and more. But there are also important differences, and the Rio Grande has received considerably less media attention than the Colorado River.

As with all of our work, we will maintain strict editorial independence from our funders, as well as from the University of Colorado. Our funders have no right to review nor influence the journalism produced with our support.

The Thornburg Foundation is a Santa Fe-based family foundation that recently started a water program and also makes grants in the areas of good government reforms, K-12 education, food and agriculture, and community funding.

The Water Funder Initiative supports the work of The Water Table, a “collaborative of funders dedicated to identifying and activating promising water solutions through strategic philanthropic investments,” according to its website.

We’re grateful to the Thornburg Foundation and Water Funder Initiative for making these grants so that we can support journalists in New Mexico and beyond as they cover these critical issues. We look forward to strengthening water journalism at this pivotal moment.

Also be sure to check out our list of past grantees and the stories they’ve produced.

Questions? Please contact Water Desk Director Mitch Tobin at mitchtobin@colorado.edu

‘Zero Day’ for California water? Not yet, but unprecedented water restrictions send a sharp warning

California water supply
California is headed into a third straight year of drought, and water supplies are limited. George Rose/Getty Images

By Lara B. Fowler

On Dec. 1, 2021, California triggered headlines heard around the world when officials announced how much water suppliers would be getting from the State Water Project. “California water districts to get 0% of requested supplies in an unprecedented decision,” one headline proclaimed. “No state water for California farms,” read another.

The headlines suggested a comparison with the “Zero Day” announcement in Cape Town, South Africa, during a drought in 2018. That was the projected date when water would no longer be available at household taps without significant conservation. Cape Town avoided a water shutoff, barely.

While California’s announcement represents uncharted territory and is meant to promote water conservation in what is already a dry water year, there is more to the story.

California drought map
Most of California was in extreme drought or worse in early December 2021. U.S. Drought Monitor/David Simeral, Western Regional Climate Center

California’s drought solution

California is a semi-arid state, so a dry year isn’t a surprise. But a recent state report observed that California is now in a dry pattern “interspersed with an occasional wet year.” The state suffered a three-year drought from 2007 to 2009, a five-year drought from 2012 to 2016, and now two dry years in a row; 2020 was the fifth-driest year on record, and 2021 was the second-driest.

Coming into the 2022 water year – which began Oct. 1 – the ground is dry, reservoirs are low and, even with a multi-day storm forecast to bring rain and snow, predictions suggest another drier than normal year.

Over a century ago, well before climate change became evident, officials began planning ways to keep California’s growing cities and farms supplied with water. They developed a complex system of reservoirs and canals that funnel water from where it’s plentiful to where it’s needed.

Part of that system is the State Water Project.

First envisioned in 1919, the State Water Project delivers water from the relatively wetter and, at the time, less populated areas of Northern California to more populated and drier areas, mostly in Southern California. The State Water Project provides water for 27 million people and 750,000 acres of farmland, with about 70% for residential, municipal and industrial use and 30% for irrigation. There are 29 local water agencies – the state water contractors – that helped fund the State Water Project and in return receive water under a contract dating to the 1960s.

California State Water Project map
The reservoirs (circles reflect comparative size) and primary canals and aqueducts (bold lines) connected with California’s State Water Project. California Department of Water Resources

While the State Water Project is important to these local water agencies, it is usually not their only source of water. Nor is all water in California supplied through the State Water Project. Most water agencies have a portfolio of water supplies, which can include pumping groundwater.

What does 0% mean?

Originally, the State Water Project planned to deliver 4.2 million acre-feet of water each year. An acre-foot is about 326,000 gallons, or enough water to cover a football field in water 1 foot deep. An average California household uses around one-half to 1 acre-foot of water per year for both indoor and outdoor use. However, contractors that distribute water from the State Water Project have historically received only part of their allocations; the long-term average is 60%, with recent years much lower.

Based on water conditions each year, the state Department of Water Resources makes an initial allocation by Dec. 1 to help these state water contractors plan. As the year progresses, the state can adjust the allocation based on additional rain or snow and the amount of water in storage reservoirs. In 2010, for example, the allocation started at 5% and was raised to 50% by June. In 2014, the allocation started at 5%, dropped to 0% and then finished at 5%.

This year is the lowest initial allocation on record. According to the state Department of Water Resources, “unprecedented drought conditions” and “reservoirs at or near historic lows” led to this year’s headline-producing 0% allocation.

Comparison of California water use

That’s 0% of each state water contractor’s allocation; however, the department committed to meet “unmet minimum health and safety needs.” In other words, if the contractors cannot find water from other sources, they could request up to 55 gallons per capita per day of water to “meet domestic supply, fire protection and sanitation needs.” That’s about two-thirds of what the average American uses.

The department is also prioritizing water for salinity control in the Sacramento Bay Delta area, water for endangered species, water to reserve in storage and water for additional supply allocations if the weather conditions improve.

Under the current plan, there will be no water from the State Water Project for roughly 10% of California’s irrigated land. As a result, both municipal and agricultural suppliers will be seeking to conserve water, looking elsewhere for water supplies, or not delivering water. None are easy solutions.

The problem with pumping groundwater

To weather previous droughts, many water suppliers relied on groundwater, which led to increased costs for wells, declines in groundwater levels, land subsidence and degraded water quality. California’s Sustainable Groundwater Management Act was enacted in 2014 to help address overpumping of groundwater, but it hasn’t turned these conditions around.

Chart showing impact of groundwater pumping in California
Groundwater pumping during droughts in California’s Central Valley lowered underground water levels and contributed to land subsidence. The chart shows levels at one monitoring station. USGS

Those who can afford to dig deeper wells have done so, while others have no water as their wells have gone dry. During the 2012-2016 drought, the Public Policy Institute of California found that a majority of affected households that lost water access from their wells were in “small rural communities reliant on shallow wells – many of them communities of color.”

Gov. Gavin Newsom called on residents to voluntarily conserve 15% of their water during summer 2021. Statewide reductions were only 1.8% in July but jumped to 13.2% in October. This year’s snowpack, which acts as a natural reservoir, is far below normal.

Irrigators who depend on the federal Central Valley Project are facing similar drought conditions. Imports from the Colorado River system are also limited, as this basin is also facing its first-ever shortage declaration due to drought.

What’s next?

As someone who has worked in California and the Western U.S. on complex water issues, I am familiar with both drought and floods and the challenges they create. However, the widespread nature of this year’s drought – in California and beyond – makes the challenge even harder.

This “zero allocation” for California’s State Water Contractors is an unprecedented early warning, and likely a sign of what’s ahead.

Sacramento-San Joaquin Delta
The Sacramento-San Joaquin Delta provides fresh water to two-thirds of the state’s population. California Department of Water Resources

A recent study warned that the snowpack in Western states like California may decline by up to 45% by 2050, with low- and no-snow years becoming increasingly common. Thirty-seven cities in California have already issued moratoriums on development because of water supply concerns.

If voluntary conservation does not work, enacting mandatory conservation measures like San Jose’s tough new drought rules may be needed. The state is now weighing emergency regulations on water use, and everyone is hoping for more precipitation.

The Water Desk’s mission is to increase the volume, depth and power of journalism connected to Western water issues. We’re an initiative of the Center for Environmental Journalism at the University of Colorado Boulder. The Water Desk launched in April 2019 with support from the Walton Family Foundation. We maintain a strict editorial firewall between our funders and our journalism.

As winter wildfires burn, will they forever alter Colorado’s forests, water?

Research at Spring Creek Fire burn scar
Camille Stevens-Rumann, a forestry researcher at Colorado State University, graduate assistant Zoe Schapira, and field technician Zane Dickson-Hunt gather data in 2019 at the 2018 Spring Creek Fire burn scar, near La Veta, Colo. Here, aspen and scrub oak have sprouted but all pine trees and cones were destroyed in the fire. Photo by Mike Sweeney

By Jason Plautz

The megafire era gripping the West isn’t just a threat to human development. Fires now burn so intensely that they literally reshape forests, shift tree species, and turn calm waterways into devastating mudflows.

A 2017 University of Colorado study analyzing 15 burn scars left from fires in Colorado and New Mexico found that as many as 80% of the plots did not contain new seedlings. In a 2020 follow-up study project under different climate change scenarios, the most severe scenario, where climate change continues unabated through 2050, showed as many as 95% of ponderosa pine and Douglas fir forests would not recover after a fire. In a “moderate” scenario where emissions decline after 2040, more than 80% of the forest would be replaced by scrubby grassland.

That, said study author Kyle Rodman, could have serious implications for waterways, due to the lack of established trees to stabilize soil and reduce the risk of flooding.

“Just because there aren’t trees doesn’t mean there’s no vegetation. Grasses and shrubs can hold back the soil, but it won’t be the same,” says Rodman, now a postdoctoral research assistant at the University of Wisconsin.

Nearly two decades later, the site of the 138,000-acre Hayman Fire, which burned in an area southwest of Denver in 2002, is still marred with patches of bare ground. That fire, according to a U.S. Forest Service (USFS) study, was so severe in areas that it consumed the canopy foliage as well as the seed bank for the forest’s ponderosa pines and Douglas firs, limiting regeneration. Overall, the study predicted “gradual return to preferred conditions” in the Hayman Fire area, though some of the worst-hit patches may see permanent vegetation changes.

In lower elevations, some of the heartier species, like the ponderosa pine and Douglas fir, are having trouble regrowing because of the increased heat and months-long drought. A 2018 study found that even seedlings of those species that were given supplemental water in burned areas had lower survival rates than expected because of the harsh natural conditions.

“When you’re planting a garden, those first few days are so critical. The plants need water to establish their roots and get healthy,” Rodman says. “Trees work a much longer timescale. Those first few years should be cool and wet and we just don’t have those conditions too often.”

Some tree species, like the high-elevation lodgepole pine, generally rely on fire because the heat helps them open and release seeds. But recent fires are burning so intensely that even lodgepole cones are consumed.

A 2020 study in BioScience found that burned forests are showing “major vegetation shifts” and recovering more slowly than expected. In some cases, heartier species might give way to drier shrub-dominated vegetation that can burn more easily. The study found that, generally, those post-fire “forested areas  will have climate and fire regimes more suited to drier forest types and non-forest vegetation.”

That means that hearty forests used to adapting to natural changes are now facing conditions “outside the realm of the disturbances that some forests can handle,” says lead author Jonathan Coop, a professor of environment and sustainability at Western Colorado University.

“We have this paradigm that fire is a natural part of the forest and that forests will always recover,” Coop adds. “These days, we shouldn’t count on that.”

That vegetation shift is especially worrisome for waterways. Normally, forest floors soak in rain and snowmelt, releasing it to waterways slowly throughout the spring and summer. Burn-scarred watersheds, however, have faster runoff and a lower water yield because of the loss of natural material and because of hydrocarbons from smoke permeating the soil. A USFS analysis found that more than 50% of wildfire-scarred land area in Colorado showed increased erosion potential, mudslide threats, and sediment in streams for at least 3-5 years after a fire.

Those effects can last even longer depending on natural conditions, says USFS research engineer Pete Robichaud. The wild seasonal swings from climate change are challenging forests by dumping more precipitation on less stable ground.

“The drought cycle is bigger and the wet cycle is more intense,” Robichaud says. “The perfect storm is a high-severity fire followed by a high-intensity rainfall event.”

The harsh natural conditions, as well as widespread damage from bark beetles, has complicated typical recovery efforts. Some scientists say the rapid changes in forest conditions and fire characteristics make it hard to know what the best recovery strategy is. In some forests, for example, aspen trees that regenerate from low-ground structures rather than relying on seeds to sprout may dominate. Especially in low-elevation areas, shrubbier species like the Gambel oak may regrow faster in forests once driven by conifers.

While replanting is a natural step in recovery (USFS hosts six national nurseries that act as seed banks, although it has restrictions on where certain species can be planted), there are even concerns that the natural conditions should prompt a re-examination of how best to revitalize forests. Ultimately, Coop says, we should expect that forests may not look the same as they did in a pre-megafire era.

“I think this points to the need for all stakeholders and the public to start to think outside the box as far as how we evaluate the forests and ecosystems we depend on,” says Coop. “We might have to think about what ecosystems we are saving and under what circumstances we’ll have to let things go and let some changes unfold.”

This article was first published in the Headwaters magazine Fall 2021 issue.

Jason Plautz is a journalist based in Denver specializing in environmental policy. His writing has appeared in High Country News, Reveal, HuffPost, National Journal, and Undark, among other outlets.

Fresh Water News is an independent, nonpartisan news initiative of Water Education Colorado. WEco is funded by multiple donors. Our editorial policy and donor list can be viewed at wateredco.org.

The Water Desk’s mission is to increase the volume, depth and power of journalism connected to Western water issues. We’re an initiative of the Center for Environmental Journalism at the University of Colorado Boulder. The Water Desk launched in April 2019 with support from the Walton Family Foundation. We maintain a strict editorial firewall between our funders and our journalism.

Scarcity the theme of Colorado River conference

Lake Powell image
Lake Powell near Page, AZ on Dec. 13. Inflow into the Colorado River’s second largest reservoir was the second-lowest ever last year and current projections from the Bureau of Reclamation suggest this year could be similar. Water scarcity was a main topic of discussion at a gathering of water managers and experts in Las Vegas this week. Credit: Heather Sackett/Aspen Journalism

By Heather Sackett

LAS VEGAS — Sobering. Troubling. The new abnormal. Crazy bad. These were the words used to describe conditions on the Colorado River at the largest annual gathering of water managers and experts in Las Vegas this week.

“I just want to manage everyone’s expectations,” said Chuck Cullom, executive director of the Upper Colorado River Commission and former Colorado River Programs Manager for the Central Arizona Project. “It is super grim.”

Water scarcity — and a sense of urgency to address it — has underscored this year’s Colorado River Water Users Association conference. In 2000, the storage system was nearly full, but over the past two decades, the river’s two largest buckets, Lake Powell and Lake Mead, have fallen to just one-third of their capacity. In July, the Bureau of Reclamation began releases from three upper-basin reservoirs, including Blue Mesa in Gunnison County, to prop up levels at Lake Powell and preserve the ability to generate hydropower. In August, the federal government declared the first-ever tier-one shortage in the lower basin, which triggered mandatory cuts for Arizona farmers.

But scarcity, Cullom said, also drives innovation and collaboration. On Wednesday, lower-basin water managers signed a memorandum of understanding, or MOU, to spend up to $200 million to keep levels in Lake Mead from dropping to dangerously low levels. The agreement, known as the 500+ Plan, aims to add 500,000 acre-feet of water to the reservoir in both 2022 and 2023, which would raise the reservoir by about 16 feet.

The program will be funded by $40 million from the Arizona Department of Water Resources; $20 million each from the Central Arizona Project, Metropolitan Water District of Southern California and Southern Nevada Water Authority; and $100 million in matching funds from the federal government.

The lower basin is taking action as a requirement of the 2019 Drought Contingency Plan, which set a threshold of 1,030-feet elevation in Lake Mead. It’s currently at 1,065 feet.

“We have all seen just how quickly the conditions have continued to deteriorate,” said Adel Hagekhalil, general manager of Metropolitan. “The lower-basin water users have recognized we don’t have a lot of time to wait. This unites Arizona, Nevada and California.”

The signing of the MOU came on the same day that the Bureau of Reclamation released its December 24-month study report, which predicts how much water will flow into Lake Powell, a critical data point for water planners. Last month, the bureau predicted the spring runoff would be about 82% of normal. But after a dry November in the upper basin, on Wednesday, the updated monthly estimate had fallen to just 64% of average. Water from Lake Powell feeds Lake Mead downstream. Modeling suggests Lake Powell could fall to below the minimum level needed to generate power by next fall.

Conditions are setting up to mirror a historically bad 2021, when a near-normal snowpack translated to only 31% of normal runoff. It was the second-worst inflow to Lake Powell ever. One of the culprits was a hot, dry previous summer and fall, underscoring the outsized impacts that continuing drought and rising temperatures from climate change are having on the flows of the Colorado River.

“The last 22 years has no 20th-century analogue,” said Brad Udall, senior water and climate research scientist at Colorado State University. “If you call it anything, call it the new abnormal.”

Upper Basin Colorado River Commissioner Pat Tyrrell, who represents Wyoming, said the 500+ Plan was a quick action to respond to the quickly deteriorating conditions.

“It is not painless, that part is self-evident,” he said. “There is no effective approach to the imbalance that doesn’t impact some water user somewhere.”

It’s still unclear where exactly the 500,000 acre-feet of water would come from. One possibility is paying irrigators to voluntarily leave water in the river.

The director of the Colorado Water Conservation Board, Rebecca Mitchell, who also serves as Colorado River commissioner for the state, told state water managers at a breakfast Wednesday that she had not yet seen the details of the water-savings plan from the lower basin.

“We have not seen anything in writing,” she said. “But anything to address and protect the reservoirs I’m obviously going to support.”

Aspen Journalism covers water and rivers in collaboration with The Aspen Times.

The Water Desk’s mission is to increase the volume, depth and power of journalism connected to Western water issues. We’re an initiative of the Center for Environmental Journalism at the University of Colorado Boulder. The Water Desk launched in April 2019 with support from the Walton Family Foundation. We maintain a strict editorial firewall between our funders and our journalism.

Working within Colorado River’s 1922 water compact for 21st century focus of annual meeting

Lake Powell photo
Lake Powell is seen in a November 2019 aerial photo from the nonprofit EcoFlight. Keeping enough water in the reservoir to support downstream users in Arizona, Nevada and California is complicated by climate change, as well as projections that the upper basin states of Colorado, Utah, Wyoming and New Mexico will use as much as 40% more water than current demand. A recent white paper from a lineup of river experts calls those use projections into question. CREDIT: ECOFLIGHT

By Heather Sackett

As the climate change-fueled Colorado River crisis worsens, hundreds of water leaders from each of the seven basin states will gather in Las Vegas next week for the annual Colorado River Water Users Association Conference.

The backdrop to many of policymakers’ discussions is sure to be one of the most important legal documents governing how the river’s waters are shared: the 1922 Colorado River Compact, which divvied up flows between the upper basin and lower basin. But this agreement is a relic of the 20th century. Those flows — totaling 15 million acre-feet, with 7.5 million for each basin — no longer exist, if they ever existed in the first place. The river was overallocated to begin with, and hotter and drier conditions mean flows will continue to dwindle.

These realities have some experts talking about how best to continue dividing the waters within the confines of the century-old agreement while tweaking it to adapt to 21st century conditions. Many water managers agree that renegotiating the compact is not realistic because it would require the agreement of too many competing interests as well as congressional approval. But it also may not be necessary.

“I think we can come to agreement around an appropriate response to these reduced supplies without going through the brain damage of renegotiating the compact,” said Anne Castle, a senior fellow at the University of Colorado’s Getches-Wilkinson Center, who will be moderating a panel at CRWUA.

Eric Kuhn is one of the thinkers proposing that basin states adopt something called a nonstationary set of compact guidelines. Kuhn is an author and former director of the Glenwood-Springs-based Colorado River Water Conservation District. He says that instead of allocating 7.5 million acre-feet annually each to the upper basin (Colorado, Wyoming, Utah and New Mexico) and lower basin (California, Nevada and Arizona), the river should simply be split down the middle: Each basin gets half of the river’s flows, however much that may be.

“A set of guidelines that are based on a stationary set of rules for a nonstationary river is not going to lead to success,” Kuhn said. “We have to consider adopting a more flexible system that is tied to how much water there is in the upper basin.”

Kuhn laid out the concept at a presentation at the Colorado Mesa University Upper Colorado River Basin Forum last month. He also pointed out that requiring the upper basin, where most of the river’s flows originate as snowpack, to contribute the same fixed amount each year despite declining flows means that the upper basin is unfairly bearing the brunt of climate change. Under the compact, the upper basin is required to deliver the lower basin’s 7.5-million-acre-foot share or risk mandatory cutbacks.

“In the upper basin for a decade, we have been talking about the upper basin squeeze,” Kuhn said. “It’s when the flow goes down, but you have fixed commitments. That was somewhat theoretical until a few years ago.”

So far, it’s unclear whether Kuhn’s idea is one that is being seriously considered by water managers. But it has been gaining traction among academic circles, especially in the past few years as river flows have declined at unprecedented speed. This year’s upper-basin flows into the river’s second-largest reservoir, Lake Powell, ranked second worst, at 31% of average, despite a near-normal snowpack.

Climate scientist Brad Udall has found that flows at Lee Ferry — the dividing line between the upper and lower basins and where upper-basin deliveries are measured — have been about 20% less over the past 22 years than in the 20th century. A river system that once produced 15 million acre-feet has now dwindled to just 12.4 million.

Tying the upper basin’s delivery obligations to the variable river hydrology instead of a fixed number would be a way of solving the “significant math problem” where usage exceeds supplies, according to Castle. The concept could be adaptable to changing conditions year over year, she said.

“It could be in effect while supplies continue at the level we have been experiencing and wouldn’t continue if supplies go up in the future,” she said. “So there could be a return to previous delivery levels if there’s sufficient inflow in the river to support that. I don’t think it has to be thought of as a permanent change, but a mechanism that is triggered by some measurement of low levels of supplies.”

Map of Colorado River Basin
This map shows the Colorado River Basin and surrounding areas that use Colorado River Water, with four regions delineated, based on the degree to which flow is regulated and the channel physically manipulated. The dividing line for the upper and lower basin is Lee Ferry near Glen Canyon Dam. CREDIT: CENTER FOR COLORADO RIVER STUDIES

Law of the river should bend, not break

Karen Kwon and Jennifer Gimbel of the Water Center at Colorado State University last month released a paper called “Quenching Thirst in the Colorado River Basin.” The paper is devoted to understanding the historic issues that have shaped water use in the basin so that “the historical doctrines can bend to the needs of the present and future without eroding a foundation upon which we all stand.”

“There is a valid reason for asking that question of why something that was written in 1922 … why don’t we just redo it?” Kwon said. “But entire economies and societies have been built off the understandings and infrastructure that exists.”

Kwon, who is also moderating a panel discussion at CRWUA, hopes the paper will provide historic background and context for future negotiations and discussions about interim operating guidelines for reservoirs Powell and Mead. Achieving flexibility and parity between basins while staying within the framework of the compact should be the goal, she said.

Glen Canyon Dam photo
Glen Canyon Dam, at the bottom of the Glen Canyon Reservoir, aka Lake Powell. Water experts are exploring the concept of a flexibility set of guidelines for upper basin water deliveries to the lower basin.CREDIT: STEVE SKINNER

Who gives?

But getting both the upper and lower basins to agree to flexible allocations based on annual river flows means they each must give up something — a tricky and as-yet-unlikely prospect. The framers of the compact reserved 7.5 million acre-feet for the upper basin because it wasn’t developing as quickly as the lower basin. If states relied solely on the system of prior appropriation where older water rights get first use of the river, thirsty and fast-growing California could have used up the water decades ago, leaving none for the slow-growing upper basin.

The upper basin currently uses about 4.4 million acre-feet per year. The lower basin uses close to its full 7.5 million acre-feet.

“One of the reasons we need to stay within that framework is because that is what protects us in the upper basin,” Gimbel said. “The only way to protect us getting our fair share of the river was to allow us to develop over time.”

But upper-basin water managers are also reluctant to admit that their states probably won’t grow to use their full amount and jealously guard their apportionment. A February white paper by the Center for Colorado River Studies says these unrealistic future water-use projections by the upper basin make it hard to plan for a water-short future. Still, despite shortages, recently completed Basin Implementation Plans for each of Colorado’s river basins lay out a wish list for millions of dollars’ worth of future water-development projects.

“Bringing new water development into the equation makes the problem worse for everybody, and I don’t see how that can be part of an equitable solution,” Castle said.

Upper-basin water managers argue that their states have been taking shortages for years: When flows are low, they are forced to use less and can’t just draw down an upstream reservoir as can the lower basin with Lake Mead.

Lower-basin water managers may not want to allow a more flexible delivery obligation for the upper basin because it would probably mean that in dry years they would get less than the full 7.5 million acre-feet promised under the current interpretation of the compact.

Caesar's Palace fountain photo
A fountain outside of Caesar’s Place in 2019, the morning of a regional water conference that’s held every year in Las Vegas. This year’s gathering of hundreds of water managers and experts is Dec. 14-16. CREDIT: BRENT GARDNER-SMITH/ASPEN JOURNALISM

Complicated politics

The politics are really complicated, said Kathryn Sorenson, director of research at the Kyl Center for Water Policy at Arizona State University and former director of Phoenix Water Services. People tend to get very excited about new technologies that could increase supplies — for example, desalination plants on the California coast — but balk at further cuts to water use.

“It’s easier to put those ideas forward than to put forward ideas about using less,” Sorenson said. “So that gives you some idea of what a lower-basin perspective might be.”

Both the upper basin and the lower basin have valid points, Kwon said. Sticking to what was promised to them under the compact, which has governed river operations for a century, makes sense. But navigating a water-short future will require moving beyond who is right and who is wrong. Anything else is just rearranging deck chairs on the Titanic, Kwon said.

“All of those statements are accurate, but we need to rise above it,” Kwon said. “I hope that we can find a way to have a discussion that protects people’s interests without just outright staking positions, but recognizes and honors interests so we can move the boat instead of just moving the deck chairs.”

This story ran in the Dec. 12 editions of The Aspen TimesVail DailySteamboat Pilot & Today and the Sky-Hi News.

The Water Desk’s mission is to increase the volume, depth and power of journalism connected to Western water issues. We’re an initiative of the Center for Environmental Journalism at the University of Colorado Boulder. The Water Desk launched in April 2019 with support from the Walton Family Foundation. We maintain a strict editorial firewall between our funders and our journalism.

Ouray County asks state water board to delay filing aimed at instream flow protection

Cow Creek photo
Ouray County Water Users Association wants to build Ram’s Horn Reservoir on the upper reach of Cow Creek, shown here. Ouray County has requested that the CWCB delay a filing for an instream flow water right below this reach. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM

By Heather Sackett

Ouray County is asking the state water board to delay a water court filing designed to protect streamflows so it can try to resolve issues in a separate but related water court case.

In July, the Colorado Water Conservation Board approved an instream flow water right on Cow Creek, a tributary of the Uncompahgre River, and asked staff to file for the right in water court by the end of this year. Instream flow rights are held exclusively by the state with the goal of preserving the natural environment to a reasonable degree. The state board, which is charged with protecting and developing Colorado’s water supply, holds instream flow rights on about 1,700 stream segments and 9,700 miles of stream throughout the state.

Now, Ouray County is asking the CWCB to delay the filing by six months so that the two governmental entities can try to work out the board’s opposition to a reservoir and pipeline project on Cow Creek on which the county is a co-applicant. CWCB directors will consider the request at their regular meeting Thursday. 

In a November letter to Ouray County, Robert Viehl, the CWCB’s chief of the Stream and Lake Protection Section, noted that state statutes set clear rules and timelines for commenting and making hearing requests, and that the county’s request to delay the filing falls outside of those parameters.

“Any entity had the opportunity to state concerns with the Cow Creek appropriation and filing of the water right at the CWCB’s March, May and July 2021 meetings, when the appropriation was noticed before the board,” the letter reads. “This request by Ouray County is outside of the set administrative process for the appropriation and filing on instream flow water rights.” 

The CWCB, at the recommendation of Colorado Parks & Wildlife, is seeking instream flow protections for a 7.4-mile reach of Cow Creek — from its confluence with Lou Creek to its confluence with the Uncompahgre River, downstream of Ridgway Reservoir. CPW says this reach contains important fisheries, including the last-known remnant population of bluehead sucker in the upper Uncompahgre River basin. 

But although these state agencies want to keep water in Cow Creek, Ouray County is hoping to develop more water out of it with a pipeline and reservoir project. The county — along with Tri-County Water Conservancy District, Ouray County Water Users Association and Colorado River Water Conservation District — is proposing a project that would take water from Cow Creek and pipe it to Ridgway Reservoir. The pipeline would be above the stretch CPW is proposing for instream flow protections.

The stored water would be released for the benefit of senior downstream users such as the Uncompahgre Valley Water Users Association. The applicants are also seeking to build Ram’s Horn Reservoir on the upper reaches of Cow Creek, which would hold 25,000 acre-feet of water behind a 260-foot-tall and 270-foot-long dam. Proponents say the project would help alleviate water shortages in the upper Uncompahgre River basin.

CWCB and CPW have filed statements of opposition to the project, claiming it could injure their existing water rights on streams in the area. In an October letter to the CWCB, Ouray County attorney Carol Viner said the county will have to file its own statement of opposition if the state follows through on filing an instream flow water right by the end of the year.

“If you file in December, it will mean we must oppose your case, which will complicate not only your case, but ours,” the letter reads.

In his November reply letter, Viehl disagreed, saying that the CWCB does not feel that Ouray County’s filing as a party to the instream flow case would complicate either water court case. 

Cow Creek photo 2
Ouray County Water Users Association wants to build a 260-foot dam at this location on Cow Creek that would hold about 25,000 acre-feet of water. The CWCB opposes the project and Ouray County says if the state board files an instream flow water right on the lower reaches of Cow Creek, the county will have to oppose it. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM

Issue of ‘sequencing’

Ouray County Commissioner Ben Tisdel said the issue is one of sequencing. The Ram’s Horn Reservoir and pipeline project should get its water right approved before the instream flow water right, he said. 

“We don’t want them to not do an instream flow necessarily, but if they get it right now, we would have to oppose it,” Tisdel said. “Until we have an adjudication, we don’t have a water right. And CWCB and CPW are opposers in our case. It’s that simple, really.” 

According to Colorado water law, older water rights get to use their share of the river first. If approved by a water court, Ouray County’s water right would have a priority date of 2019, while the CWCB instream flow right would have a 2021 date, meaning the instream flow would be junior to the Ram’s Horn project. 

But Viner, the Ouray County attorney, said the county would oppose the instream flow filing anyway. 

“We would be senior to them, but they have a rigid and inflexible stream management system, and we want more flexibility and local control,” she said. “We want to be able to give the CWCB what they want without an instream flow.”

Representatives from CWCB and CPW gave a presentation to Ouray County in December 2020 about the proposed instream flow water right, at which time Viner’s letter says county commissioners raised concerns about postponing the filing. But state officials say they do not remember a request from the county to postpone a filing, nor do the meeting minutes say anything about a request. The entities met again to discuss the water project and the two water court filings in February 2021, and CPW and CWCB staff said they planned to present the proposed instream flow filing to the CWCB board at the March meeting. 

The CWCB has received comment letters from Boulder-based conservation group Western Resource Advocates and the Uncompahgre Watershed Partnership, which are opposers in the Ram’s Horn case, asking the board not to delay the instream flow filing. 

“The board should not lightly consider the drastic departure from its established procedures that the county now proposes,” wrote Uncompahgre Watershed Partnership Board President Dennis Murphy. “The county had more than ample opportunity to participate in public comment and/or request a hearing at appropriate points along the way.”

Viner said that the county also wants to protect flows and fish in Cow Creek and that the entities should be able to come to an agreement. The county could have protections equivalent to an instream flow written into its water-right decree, instead of the CWCB imposing a state-level mandate, she said.

“There’s a way to accomplish what they need and a way to accomplish what we need,” Viner said. “We want this to be a local project and we want them to be a partner, but we don’t want them telling us what to do.”

Aspen Journalism covers water and rivers in collaboration with The Aspen Times. For more information, go to www.aspenjournalism.org.

The Water Desk’s mission is to increase the volume, depth and power of journalism connected to Western water issues. We’re an initiative of the Center for Environmental Journalism at the University of Colorado Boulder. The Water Desk launched in April 2019 with support from the Walton Family Foundation. We maintain a strict editorial firewall between our funders and our journalism.

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