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Aurora, Colo. Springs seek to drill on lower Homestake Creek dam sites

Homestake Creek photo
Homestake Creek, flowing toward the Eagle River, near the Alternative A dam site being studied by Aurora Water and Colorado Springs Utilities, about three miles up Homestake Road from U.S. 24. The photo was taken on July 13, 2019 by Brent Gardner-Smith/Aspen Journalism

By Brent Gardner-Smith

Minturn, Colorado— The cities of Aurora and Colorado Springs are increasing their efforts to develop a reservoir on lower Homestake Creek in the Eagle River basin that would hold between 6,850 acre-feet and 20,000 acre-feet of water.

The two Front Range cities, working together as Homestake Partners, have filed an application with the U.S. Forest Service to drill test bores at four potential dam sites on the creek, renowned for its complex wetlands.

They briefed members of Colorado’s Congressional delegation in April about federal legislation they are drafting that would adjust the Holy Cross Wilderness boundary near the dam sites.

And Aurora spent $4.1 million in 2018 to purchase a 150-acre private inholding parcel that accounts for about half the surface area of the 20,000-acre-foot version of the reservoir, removing one obstacle in the way of submitting a comprehensive land-use application to the Forest Service.

“We are in preparation to permit this overall project, to try and get that larger application in, so every piece of the project has had more time and effort spent on it,” said Kathy Kitzmann, a water resources principal with Aurora Water.

Homestake Creek photo 2
One of four potential dam sites on lower Homestake Creek, about four miles above U.S. 24, between Minturn and Leadville. From this location, the dam that forms Homestake Reservoir higher up the creek can be seen. Photo by Brent Gardner-Smith/Aspen Journalism

Eagle River MOU

The Whitney Reservoir project is defined in part by the Eagle River Memorandum of Understanding, a 1998 agreement that gives Aurora and Colorado Springs a basis to pursue 20,000 acre-feet of water from the Western Slope.

Parties to the MOU include Aurora, Colorado Springs, Climax Molybdenum Co., Colorado River Water Conservation District, Eagle River Water and Sanitation District, Upper Eagle Regional Water Authority, and Vail Associates.

Peter Fleming, the River District’s general counsel, told the district’s board in a July 1 memothat the River District is “not participating in any Homestake Creek based alternative at this time, this effort is now being carried forward solely by the Homestake Partners.”

Under the MOU, various parties can pursue projects on their own, and the other parties are bound to support those efforts, but only to the degree that a proposed project meets the objectives of the MOU, including whether a project “minimizes environmental impacts.”

Homestake Creek photo 3
A view, from the Alternative A dam site, of the Homestake Creek valley. The triangle shape in the distance is the dam that forms Homestake Reservoir. Photo by Brent Gardner-Smith/Aspen Journalism.

Serious intent

Whitney Reservoir takes its name from Whitney Creek, which flows into Homestake Creek just above the four potential dam alignments now being studied. The dam that would form Whitney Reservoir would stand across Homestake Creek, not Whitney Creek. Homestake Creek flows into the Eagle River at Red Cliff.

Asked how serious the two cities are about the Whitney Reservoir project, Kevin Lusk, the principal engineer at Colorado Springs Utilities, said, “We’ve been serious about it for the last 20 years.”

And he said the recent drilling application “is another step in the continuum from concept to reality.”

On June 25, the two cities submitted an application with the Eagle-Holy Cross Ranger District for permission from the White River National Forest to drill 13 test bores 150 feet to explore the geology under the four sites.

The sites are clustered on the creek between 3 and 5 miles above the intersection of U.S. 24 and Homestake Road, shown as Forest Road 703 on most maps. The intersection is not far below Camp Hale, between Minturn and Leadville.

The drilling application says Aurora and Colorado Springs are conducting “a fatal-flaw level reservoir siting study” that “comprises subsurface exploration to evaluate feasibility of dam construction on lower Homestake Creek.”

White River National Forest supervisor Scott Fitzwilliams said review of the drilling application itself is “fairly standard stuff.”

“We’ll definitely send out a scoping statement, asking for public comment, but it won’t be about a dam,” he said. “It will be about drilling the holes.”

Each of the 13 borings would take up to five days to drill, so there could be 65 days of drilling this fall or, if the application is not approved this year, in 2020, according to Lusk.

The project includes taking a “track-mounted drill rig or a buggy-mounted drill rig,” a “utility vehicle pulling a small trailer” and a “track-mounted skid steer” onto public lands along 10-foot-wide “temporary access routes.”

The drill rigs are about 8 feet wide, 22 feet long and 8 feet high. To get the rigs to drilling sites, some wetlands may need to be crossed and trees will be cut as necessary.

The information about the geology under the four sites will help determine the size of a dam on a given alignment and how much water a reservoir would hold, Lusk said. And that could affect how much wilderness area might be encroached on.

Holy Cross Wilderness Map
A map prepared by Aurora Water that shows a potential 500-acre adjustment to the Holy Cross Wilderness boundary near the potential Whitney Reservoir on lower Homestake Creek. The map as current as of July 16, 2019.

Wilderness boundary

Given that Aurora and Colorado Springs are still working through various options, it’s not clear yet how big of an adjustment to the wilderness boundary they might ultimately seek from Congress.

The current proposed legislation developed by the cities asks to remove 497 acres from the wilderness boundary, but it is also expected to include a reversion provision so if all 497 acres are not needed, the boundary adjustment could be reduced.

According to Lusk, in one the of the alternatives studied, about 80 acres would need to be removed from the wilderness area if Whitney Reservoir was to hold 20,000 acre feet of water. However, the cities have yet to rule out the option of building an alternate reservoir below the Whitney Reservoir location – Blodgett Reservoir – which could require a larger boundary adjustment, although not the full 497 acres.

An adjustment to a wilderness boundary requires an act of Congress and the president’s signature. In April, representatives from the two cities described the potential boundary change to staffers of U.S. Sens. Michael Bennet and Cory Gardner and U.S. Reps. Scott Tipton, Jason Crow, Joe Neguse and Doug Lamborn.

Fitzwilliams said Monday the Forest Service won’t accept a full-blown land-use application for Whitney Reservoir until the wilderness boundary issue has been worked out through federal legislation, if that is still needed after the final version of the reservoir is better defined.

Kitzmann said she is reaching out to stakeholders to continue to refine the legislative language and the map showing the extent of the proposed boundary change.

wetland photo
A wetland area along Homestake Creek in an area that would be flooded by a potential Whitney Reservoir. Aurora and Colorado Springs, seeking to build the reservoir, have recently submitted a drilling application to the U.S. Forest Service to search for fatal flaws in the geology under four potential dam alignments. Photo by Brent Gardner-Smith/Aspen Journalism.

Wetlands and fens

On another front, Aurora Water and Colorado Springs Utilities staffers are hosting a tour this week for the directors of the Colorado Water Conservation Board of the Homestake Plant and Fen Relocation Project, near Leadville.

The CWCB directors, holding their July meeting in Leadville, also will hear a presentation at their meeting about the fen-relocation effort, which consists of moving “fen-like organic soils and plant life” from one location in blocks or bales to another location and “reassembling them in a specially prepared groundwater-fed basin.”

Many regulatory agencies do not believe it’s possible to re-create complex fen wetlands, according to a CWCB staff memo, but that regulatory stance “may be related to the lack of scientific investigation on fen mitigation.”

A 2016 study estimated between 26 and 180 acres of wetlands on lower Homestake Creek would be impacted by Whitney Reservoir.

“This is one of the finest wetlands we can find on our forest — it’s unbelievable,” Fitzwilliams said. “From an environmental impact standpoint, this would not be a project that we would be favorable to.”

But Lusk said the fen-relocation project near Leadville is “proof of concept” that replacing fens, while “a tough nut to crack,” can be done.

Fitzwilliams may be hard to persuade.

“You can mitigate,” he said, “but you can’t replace 10,000 years of work.”

Homestake Creek map
A map from Colorado Springs Utilities that shows how tunnels could bring water to Whitney Reservoir from Fall and Peterson creeks, and from the Eagle River. The map also shows the route of a pipeline to pump water from Whitney Reservoir to Homestake Reservoir.
Homestake Creek photo 4
Homestake Reservoir, which is partially in Pitkin County, but mainly in Eagle County. Below the reservoir the Homestake Creek valley is visible, as well as short section of what’s known as Homestake Road. Water held in the potential Whitney Reservoir would be pumped up to Homestake Reservoir and then sent to the Front Range. Photo by Brent Gardner-Smith/Aspen Journalism.

Forebay and pumping

Despite the wetlands and wilderness challenges, Lusk and Kitzmann said no fatal flaws have been found yet in what they view as an important future element of their water-supply systems.

The new reservoir would serve as a collection point for water brought in via tunnels from the Eagle River and Fall and Peterson creeks, and for water captured from Homestake Creek.

The reservoir would also serve as a forebay, as the water captured in Whitney Reservoir would be pumped 7 miles up to Homestake Reservoir. Once there, it can be sent through a tunnel under the Continental Divide to Turquoise Reservoir, near Leadville, and then on to Aurora and Colorado Springs.

The two cities own and manage Homestake Reservoir, the upper end of which is in Pitkin County. The reservoir opened in 1967 and normally stores 43,600 acre-feet of water from seven high-mountain creeks behind a 231-foot-tall dam. About 25,000 acre-feet a year is sent through the Homestake Tunnel each year to the Front Range.

Homestake Partners also has a conditional water-storage right from 1995 to store 9,300 acre-feet of water behind a potential 110-foot-tall dam in what is called Blodgett Reservoir, located on Homestake Creek below the Whitney Reservoir sites. Blodgett Reservoir also has a longer history, and has been viewed as an alternate location for older water rights – appropriated in 1952 and adjudicated in 1962 – that are tied to Homestake Reservoir.

Aspen Journalism covers rivers and water in collaboration with The Aspen Times and other Swift Communications newspapers. The Times published this story on Wednesday, July 17, 2019. This version includes a clarification concerning the size of the adjustment to the wilderness boundary and the date of the water rights for Blodgett Reservoir.

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. The Water Desk is seeking additional funding to build and sustain the initiative. Click here to donate.

CWCB changes course, will open most demand management meetings to public

cwcb meeting photo
A meeting on Thursday, July 18, 2019 in Leadville between the members of the Colorado Water Conservation Board and the Interbasin Compact Committee, in a meeting room on the Colorado Mountain College campus. The CWCB members discussed the unfolding demand-management workgroup process in an unscheduled executive session, and then were challenged to explain their process. Photo by Brent Gardner-Smith/Aspen Journalism

By Brent Gardner-Smith, Aspen Journalism

LEADVILLE — After a week filled with pushback from water managers and users, especially on the Western Slope, the director of the Colorado Water Conservation Board has decided to hold upcoming workgroup meetings about a potential water-demand management effort in public and will no longer ask the workgroup volunteers to sign non-disclosure agreements or always meet behind closed doors.

“The CWCB will adjust course and move forward without requesting that workgroup participants sign any disclosure agreements,” director Becky Mitchell said in an update on the workgroup process released Sunday. “Additionally, the workgroup meetings will be open to members of the public, with an opportunity for comment.”

But Mitchell also reserved the option to shield from public view sensitive information and discussions that came up during the process.

“As appropriate and dependent on the relevance of the workgroup discussion to interstate considerations, a non-disclosure setting may be necessary for elements of particular workgroup subject-matter discussion,” Mitchell wrote.

Mitchell said it was most likely that sensitive information would come up in the law and policy workgroup, which includes eight current or former water attorneys.

CWCB staff members, working closely with lawyers in the attorney general’s “defense of the Colorado River” subunit, have been crafting a process for months to investigate the feasibility of a “voluntary, temporary and compensated” demand-management, or water-use reduction, program in order to stay in compliance with the 1922 Colorado River Compact.

The CWCB intends to set up eight workgroups, each exploring a different aspect of a potential demand-management program in Colorado: law and policy; monitoring and verification; water-rights administration and accounting; environmental considerations; economic considerations and local government; funding; education and outreach; and agricultural impacts.

Each workgroup is slated to meet four times over the next year, meaning there could be 32 workgroup meetings.

“The workgroups are kind of an extension of staff at this point. That’s how we’re seeing them,” Brent Newman, the head of CWCB’s section on Colorado River issues, told the CWCB directors in May. “They’re here to help inform staff about these solutions from a more technically diverse perspective. And then we’re going to bring those solutions to you guys.”

Asked whether CWCB directors should attend the closed-door workgroup meetings, Newman advised against it.

“When you have a decisionmaking body like this board, having you all directly participate in some of the conversations of these working groups, it contravenes some open-meeting requirements, and we don’t want to do that,” Newman said.

The open-meetings law says that if two or more officials of a state public body, such as the CWCB, attend a meeting, then it’s a public meeting.

Steve Zansberg, an attorney at Ballard Spahr in Denver, is an expert on the state’s open-meetings law and the president of the Colorado Freedom of Information Coalition.

He said advisory committees, such as the CWCB’s proposed workgroups, are considered public bodies subject to the open-meetings law if they are appointed directly by the members of a public body, such as the CWCB directors.

But if staff members form such committees and if the committees report directly to staff members and not to a board, then they may meet behind closed doors.

“They are probably being very crafty and careful, and with the advice of the attorney general’s office, trying every which way to set these workgroups up as not being public bodies, and they are probably succeeding,” Zansberg said Friday, before Mitchell at the CWCB had changed course and opened up the meetings, or at least most of them.

Zansberg also said the Colorado Supreme Court stated in a 2008 case, Town of Marble v. Darien, that “the open-meetings law prohibits bad-faith circumvention of its requirements.”

“I’m not going to ascribe bad faith here, but it is an effort to evade or circumvent the requirements of the open-meetings law,” he said of the CWCB’s staff-meeting approach.

During the River District’s quarterly meeting in Glenwood Springs last week, the district’s general manager, Andy Mueller, brought up the CWCB’s proposed workgroup process with his board of directors, who represent 15 Western Slope counties.

Some of the directors voiced strong opposition to the CWCB’s requirement of a non-disclosure agreement and closed-door meetings, and unanimously passed a motion asking the CWCB to explain its process.

“In all my years of participating in policymaking at the state level, at the local level, I’ve never seen anything like this,” said Steve Aquafresca, who represents Mesa County on the River District board and is a former Mesa County commissioner and a former state legislator.

Marc Caitlin, a state legislator and the Montrose County representative on the River District board, said, “This idea of putting this behind closed doors, putting a gag in your mouth and having us be surprised, so wonderfully surprised, when this comes out is not going to make sense to me. I can’t believe that the CWCB believes that they can actually pull this off.”

He added: “I can’t believe the attorney general would even go along with this.”

Colorado Attorney General Phil Weiser explained his support for the CWCB’s process in a July 8 memo to the CWCB board.

He said the proposed non-disclosure agreement was meant to “strike a balance between the need for the CWCB to lead the investigative process in a manner that considers and protects the state’s ongoing strategies in interstate forums” while also “honoring the roles and perspectives of the subject-matter experts” asked to participant in the workgroups.

The first version of the CWCB’s non-disclosure agreement — a six-page “confidentiality agreement” — ran into opposition from many invited workgroup members when it was released in June.

In July, a second proposed agreement — this time labeled as a “disclosure agreement” — was circulated. It was shorter but still contained two key provisions from the first proposal.

First, participants needed to agree to not attribute anything said in the closed-door workgroups. Second, the participants couldn’t share in a public setting what was said at the workgroups unless they got permission from the CWCB.

The 74 invited participants are still being asked to volunteer as individuals and “subject-matter experts,” and not as representatives of their organizations or clients, which also troubled some River District board members.

On Thursday, during a CWCB meeting in Leadville, Mueller told the CWCB directors that the River District board was seeking an explanation about the process, and that he and his staff could not participate until his board had learned more.

Mueller made his comments shortly after the CWCB directors held a long and unscheduled executive session to discuss the non-disclosure agreements.

CWCB chair Heather Dutton, who represents the Rio Grande River basin, responded by saying the board’s position on the workgroup process was still evolving.

Also during the meeting, the CWCB had invited the members of the state’s Interbasin Compact Committee to join them at the table to discuss aspects of demand management.

And Bill Trampe — a rancher from the upper Gunnison River basin who serves on the IBCC, the Gunnison Basin Roundtable and the River District board — told the CWCB board members that their approach to the workgroup process was raising a lot of questions about demand management among his constituents on the Western Slope.

“Everybody is starting to think about how they might participate, because they like the voluntary, compensated, temporary part,” Trampe said. “And they recognize the fact that we probably better show up and participate in some fashion, so that our brethren on the east side of the mountain will also be willing to participate.

“But we know it’s going to hurt us like heck if we participate very deeply, and we’re trying to figure out how we can do it. And we feel like we’ve been shut out of this initial process. If you’re going to go behind closed doors and develop these ideas, we feel that that’s the wrong way to do it, that it should be open from the very beginning, and we can’t figure out why these different workgroups have things that they think they need to do behind closed doors.”

On Friday, Mitchell issued a workgroup update that said the non-disclosure agreements had been eliminated and that the meetings would be public.

That update took a softer approach to the remaining potential need for closed-door meetings and agreements to not discuss sensitive information, saying “each of the groups will work with CWCB staff to develop expectations around participation and communication in this effort.”

On Sunday, she issued a revised update that did not include that statement but did include the new provision that some meetings could still occur, if necessary, in a “non-disclosure setting.”

In response the overall course change by the CWCB, the River District said, “We look forward to working with CWCB as they move forward with this important public-policy process. And we appreciate the deliberation that went into considering how the workgroups will do their work.”

Aspen Journalism covers rivers and water in collaboration with The Aspen Times and other Swift Communications newspaper. The Times published a version of this story on Monday, July 22, 2019.

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. The Water Desk is seeking additional funding to build and sustain the initiative. Click here to donate.

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