Arkansas River to remain dam free

American Rivers released a press release yesterday applauding the decision by Colorado Springs Utilities to pursue alternative means of supplying water to the city besides a proposed dam on the Arkansas River. CSU had proposed the dam all the way back in 1990. Grassroots efforts by organizations like American Rivers and the Friends of the Arkansas River held the project off. This year CSU conducted studies to identify possible alternatives to the dam. As a result, they found that another delivery system would provide the same benefits without the deleterious effects on wildlife, recreation, streamflow, and economics. Conservationists and anglers are pleased with the decision.

However, all is not well in the Arkansas River Valley, which is continuing to struggle under continuing drought conditions. In some areas, especially the lower end of the valley, the drought is entering its third year. Snowpack is currently at 26% of its normal volume, compared to the slightly less dismal average of 46% in the rest of Colorado. (The Chieftain)

U.S. - Mexico treaty a good sign

Officials from the U.S. and Mexico met in San Diego this week to sign an amendment to the 1944 Colorado River treaty that provides for increased flexibility and international cooperation on infrastructure developments, as well as conservation goals. The deal, known as Minute 319, is being lauded as a win-win, and as the Summit County Citizen's Voice reports, that is a rarity in Western water disputes. It is unprecedented in its focus on conservation as well as equitable access. It could raise the level of Lake Mead up to 15 feet to accomodate storage rights for Mexico, good news for recreationists. Recreation is a growing economic service of the Colorado River and often helps to bridge the gap between other economic demands and ecosystem health in policy design.

Cascading Systems: Fire and Water

The Coloradoan reported today on the cascading effects of drought, wildfire, and water quality. As the High Park fire near Greeley continues to burn, ash pollution to the Poudre River augments the issues from the area's ongoing drought. Sediment load has spiked due to post-fire erosion. The sediment has clogged drinking water intakes, and pollution levels of inorganic carbon may require expensive chlorination treatment. Ft. Collins has responded to the pollution of the Poudre River, their main drinking water source, by working with CSU and neighboring cities to access Horsetooth Reservoir Water. However, the reservoir depends on spring runoff to replenish its supplies, and since the drought doesn't look like it will abate any time soon, Ft. Collins may have to return to using the sullied water from the Poudre River and implementing expensive water treatment procedures.

This is all illustrative of the cascading effects of wildfire, drought, erosion, and water quality. Climate change scenarios predict that extreme droughts are likely to occur more often in the future, making management of water resources even more of a challenge.

What Hurricane Sandy tells us about Infrastructure

We've all heard by now some of the critical infrastructure that has been damaged by Hurricane Sandy in New York, New Jersey and the rest of the affected area. Subway tunnels, power plants, sidewalks and roads, communication systems, internet and cable networks, and water and sewer pipes are some of the infrastructure damaged in the 100-year storm. State officials, FEMA, and the White House have dealt with the hurricane impressively, responding quickly and providing relief to people whose properties were damaged. I am amazed at how well people cooperated together to make sure people were safe.


New York Governor Andrew Cuomo spoke Wednesday at a press conference, stating that climate change cannot be ignored by politicians anymore, who are playing a game of Russian Roulette by failing to address the issue. He advocated for upgrading and re-designing New York's infrastructure, much of which is outdated and in-need of maintenance or re-design.

The hurricane affords us the chance to dissect just how extreme weather events and infrastructure planning are related. I want to make sure I mention that although New York has huge infrastructure demands with a growing population and aging sewers, roads, and facilities, it has a comparatively proactive tax structure with which it tries to meet those demands. However, those remaining infrastructure deficiencies contributed to the scope of the damage incurred during the hurricane.

Water professionals and researchers (ahem) have been advocating for investment into our crumbling infrastructure for decades. In 2008, the American Society of Civil Engineers released a Report Card for New York detailing infrastructure deficiencies, stating that the state's bridges, roads, and mass transit system were vulnerable. The potential for more frequent extreme weather events as a result of climate change only makes the issue more important. However, a slumped economy and political grid-lock have stood in the way of significant upgrades or new policies. After the hurricane, New York, New Jersey and other affected states will acquire federal emergency funding to repair and upgrade infrastructure that probably needed upgrading before the storm hit.

Federal emergency funding is often used to repair infrastructure because of accidents that could have been avoided with a more proactive planning approach. This is borne of two things: lack of funding, and lack of political capital.

Lack of Funding: Cash-strapped communities all over the U.S. do not have access to the funds they require to make critical infrastructure upgrades. This forces them to wait for an emergency situation to qualify for federal or state emergency aide to address the problem. One example in Logan, Utah was a 2009 landslide that destroyed a 100-year-old, leaky, earthen irrigation canal on a steep hill. The landslide killed three people. As a result, federal funding was dispersed to the community, and a more efficient canal system will be installed at the federal taxpayer's expense.

Lack of Political Capital. Infrastructure is not a sexy issue, even though it is such an important part of our daily lives. In our democratic society, raising taxes for roads or pipes can be met with opposition, and looming elections can motivate a policymaker to simply "kick the can down the road." As a result it takes a trigger event - an accident, storm, etc. - before the general population supports a response, even if the issue has long been recognized by "insiders" as needing attention.

As a result, trigger events are often necessary to unlock the political and monetary capital needed to make significant infrastructure investments. However, this is problematic for two reasons.

1) It externalizes the cost for local infrastructure upgrades to federal taxpayers. When a disaster occurs, communities can apply for federal emergency funding, relegating the cost for local infrastructure upgrades to federal taxpayers. In addition, federally-funded projects incur extra costs to cover NEPA and other federal requirements and processes, increasing the overall cost of the project.

2) It creates emergency situations. Investment into climate change-resilient, safe infrastructure would ensure that a community could withstand extreme weather events more effectively. Failure to do so creates a scenario where emergency situations are not only inevitable, they are needed in order to address infrastructure needs in a totally reactive policy environment. The policy approach is therefore "repair the past" rather than "plan for the future." The uncertainty brought by climate change only increases the responsibility on policymakers and politicians to prioritize infrastructure investment as a matter of national security and ethics.

Proactive planning at the state and local level can make communities more resilient to emergency situations, avoid certain negative outcomes, and help them rely less on federal emergency funding to correct pre-existing infrastructure issues. As a result, federal emergency funding can be better allocated across the country to address what proactive local and state planning could not foresee.

See New York Times, the Scientific American,

Water Rate Increases throughout U.S.

USA Today reports that the prices for water have increased over the last 12 years in municipalities all over the U.S. The trend is expected to continue as municipalities grapple with infrastructure costs and upgrades that loom ahead.

Notable Western cities rate hikes:

Reno +37%
Cheyenne +64%
Phoenix +69%
Denver +78%
Salt Lake City +80%
Colorado Springs +97%
Las Vegas +129%
San Francisco +211%

Adjusting for inflation, rates have gone up do to increased electric costs for water utilities, federal regulatory costs, and labor, among other things. Some have likely gone up simply because rates were previously too low. In many states, municipal utilities are restricted from saving funds collected each year for future maintenance costs, therefore deferring price hikes until upgrades are unavoidable. Now that many municipalities face looming maintenance projects and upgrades, they have no other choice but to make significant rate increases.

Some cities, especially San Francisco and Las Vegas, have been using rate manipulation as a tool to decrease water use per capita. Both cities rely on expensive infrastructure to import water from other locations, and support large populations that put increasing pressure on their limited water supplies.

Water remains comparatively cheap in most places, and despite rate hikes, billions of gallons of water are wasted each year. Prices would likely have to go much higher in order to see much of a decrease in use for things like lawn-watering and car-washing, two very water-intensive uses. However, for low-income communities, the costs of water can be especially burdensome, and low-income communities often have less access to newer, more efficient water appliances, and rely on outdated infrastructure. It is a challenge for managers and policymakers to figure out ways to raise funds to cover the costs of maintaining water infrastructure, while avoiding disproportionate financial burdens on certain sectors of society.

A Twenty-First Century Water Policy: A Review - 1 of 3

The Pacific Institute released A Twenty-First Century Water Policy this year. The book outlines the problems we face in our country with regard to water policy, and the gaps that future policy approaches need to address to meet today's (and tomorrow's) water management needs. This is the first in a series of three entries that review the book.

Think of A Twenty-First Century Water Policy as a State of the Union address, a dozen chapters assessing where we are and where we should go with regard to water policy in the United States. The scope is incredibly wide, and that is not lost on the authors, who labor to paint a picture of the nation's water resources in the first two chapters: first that our freshwater resources, though relatively abundant in the U.S., are distributed unequally across our geography, most of the water in the eastern half. And second, population growth throughout the last century has led to massive projects that boil down to manipulating surface water and withdrawing groundwater supplies in order to meet needs, often at the expense of ecosystem health and environmental quality. Incremental policy changes has led to siloed management situation where each state regulates water a little differently, several agencies all have some level of interest in water management, and coordination between all of these governing entities is minimal. Peak water, a sort of limit of how much water can be withdrawn for human use without diminishing future supply, may have already been passed, especially in the West. And increase energy development projects, which require water, put even more strain on water-strapped communities throughout the West. The authors maintain that a new approach is needed: a "soft path" that re-focuses our policy strategy to deliver "water-related services matched to users' needs and resource availability," instead of relying completely on 19th century infrastructure and decision-making solutions.

Associated Press

Water injustice is the focus of the third chapter. Abundant research in the field of Environmental Justice has uncovered depressing evidence that environmental costs are disproportionately borne by low-income communities and communities of color. Current water policies mostly fail to address environmental justice issues. A few of the examples are: subsistence-dependent communities being more susceptible to contamination rates than more affluent communities; higher risks associated with industrial activities; less access to water-related recreation; contamination from energy development; and vulnerability to climate change. Regulatory agencies do a poor job at enforcing water quality standards in low-income communities and communities of color to the same rigorous level as higher-income or white communities. Each of these issues can result in cumulative risks disproportionately borne by the poorer, more rural communities in our country.

These issues have been pinpointed by many researchers throughout the last few decades. The Pacific Institute suggests that environmental justice be more officially integrated into a comprehensive federal water policy framework by encouraging more collaboration between the different regulatory agencies and states, and by recognizing the human right to water.

The pitfalls of our current water policy approach are pretty well known. And I believe the "soft path" to water management is our best chance at avoiding massive water shortages and ethical violations. The next entry will highlight some of the more specific issues involved in the "soft path," including water quality, ecosystem services, urban infrastructure issues, agriculture, energy, and climate change. The final entry will address specific policy strategies suggested by the authors, and discuss the ways in which the soft path can be adopted and implemented.

The last entry will also include my internal monologue over whether the soft path can ever or will ever be implemented in our country, call it the diatribe of a tormented cynic.

Clean Water Act turns 40

Today marks the official 40th anniversary of the Clean Water Act becoming law. The milestone has spurred a number of editorial content across the Internet - from Kristen Bell to the National Geographic. On this blog, I've already highlighted the law, its effect on pollution mitigation, and where the law currently falls short meeting our water management needs today here. Managers and commenters across the web have raised other issues that should be addressed in order to strengthen the CWA and water policy in the United States:

- Clarify the scope of the act to include small tributaries and waters that have ecological impacts on the waters of the United States (National Geographic)

- Focus on policy mechanisms to address non-point source pollution like fertilizer run-off and urban stormwater (LA Times)

- Retrofit urban and rural water infrastructure to meet current and future needs more efficiently (LA Times), especially sewage treatment plants (NY Times)

The benefits of the 1972 Clean Water Act are obvious. The Chattanoogan lists some of the statistics:

• The number of Americans receiving clean drinking water has increased from 79 percent in 1993 to 92 percent in 2007;
• More than 2,000 water bodies identified as impaired in 2002 now meet water quality standards;
• 60 percent more Americans were served by publicly-owned wastewater treatment facilities from 1968 to 2008.

The act was passed by a bi-partisan Congress. In today's political context, it's difficult to imagine a bi-partisan effort that would strengthen the CWA. But that's exactly what needs to happen in order for our country to face the coming water-related crises.

Fracking Protest Rally in Denver next week

Fracking is a hot topic in the world of energy natural resource management. With the increase of hydraulic fracturing activities throughout the West, activists and environmental groups are trying to bring attention to some of the environmental risks associated with the oil extraction process. Next week, demonstrators opposing Colorado fracking activities will congregate at Civic Park in Denver's Capitol Hill on October 23 as part of Frack Free Colorado, an event that will include live music, speeches, and lectures.

Click for more info

Fracking has been popularized lately because of natural gas' cleaner emission profile than coal. However, it is not environmentally blameless, often presenting risks of groundwater contamination and generating highly polluted, saline waste water.

Source: RealAspen, Frack Free Colorado

Happy Birthday, Clean Water Act!

This week 40 years ago, Congress passed the Clean Water Act, overriding President Nixon's veto, and setting in motion new regulations that would dramatically improve the quality of the waters of the United States.

Over the last decade, however, the power of the Clean Water Act has been gently chipped away by loopholes for small, seasonal waterways and wetlands. In addition, the CWA does not have a strong regulatory mechanism that addresses non-point source pollution, which accounts for the majority of pollution inputs to our waterways today.

As we celebrate this important environmental milestone, it would be a good time to re-evaluate our policy strategies for ensuring clean waterways in the future.

Check back here next week for a review of Pacific Institute's newest release, A Twenty-First Century Water Policy, which provides a framework for a new kind of federal water policy designed for today's sociopolitical and economic realities.

Disease Resistant Trout stocked in Colorado River

Source: Troutpursuit.blogspot.com

July monsoons sent silt and debris coursing down the Colorado River, which led to severe fish kills. So wildlife officials are stocking the effected areas with Hofer rainbow trout. As a bonus to anglers, the stocked rainbow trout will be resistant to whirling disease, which effects some species of trout and salmon. Officials hope that the stocked fish will help replenish fish populations after this summer's kills, and also introduce whirling disease resistance into the rest of the population.

Source: RealVail

Lawsuit filed over Chesapeake Cap-and-trade water pollution policy

The Food and Water Watch and the Friends of the Earth filed a lawsuit this week against the cap-and-trade policy that is being proposed for the Chesapeake Bay watershed. The cap-and-trade approach uses market-based forces to buy and trade pollution credits among point and non-point sources, which proponents believe will lower the overall amount of pollution entering the Chesapeake Bay.

However those who oppose the policy say that it creates a "right to pollute" and that all pollutants entering the waterways of the United States should be illegal according to the Clean Water Act.

The difficulty, of course, is implementing any kind of policy that would address nonpoint sources. The Clean Water Act has been immensely successful in addressing point source pollution over the last three decades. The challenge for water managers today is nonpoint sources such as runoff coming from farms and ranches, and even urban runoff from yards and parks. The Clean Water Act introduced TMDLs (Total Maximum Daily Load) for waterways, which is a total maximum volume of a pollutant that a waterway can tolerate before it becomes harmful. However, the CWA does not introduce any rigorous federal policy to fund or enforce the states' implementation of TMDLs. As a result, the majority of pollutants entering waterways of United States today are from of nonpoint sources.

A cap-and-trade policy would allow non-point sources like farmers or ranchers to sell pollution credits to point sources if they implement BMPs, or best management practices, to limit their inputs, thus providing an incentive for non-point sources to mitigate pollution. This is an incentive-based approach, like conservation easement programs, which have been implemented with some success across the United States.

One inherent weakness of a cap-and-trade policy is that it focuses on endpoints (certain points a long a waterway where pollutants are measured), so upstream polluters have less of a motivation to limit inputs then polluters close to an endpoint. Another difficulty is that best management practices implemented on farms and ranches often are unpredictable in terms of limiting pollution inputs in a certain timeframe. This will make any trade difficult and hard to implement, and potentially make point source polluters less interested in facilitating trades. And finally, the volume of pollutants entering a waterway from individual farms and ranches is usually a very small amount, and so compensation for BMPs would likely be correspondingly tiny.

So far, very few cap-and-trade policies have been implemented at any significant scale, and even fewer have been successful. It remains to be seen whether the Chesapeake Bay cap-and-trade plan will succeed.

I personally would be interested in hearing what policy solutions the Food and Water Watch and other organizations opposing cap-and-trade policies have to address non-point sources.

Source: HuffPost (http://www.huffingtonpost.com/mobileweb/wenonah-hauter/fighting-pollution-tradin_b_1941188.html)

Prior appropriation doctrine the topic of New Mexico water lawsuit

A group of farmers and ranchers in New Mexico is filing a lawsuit against the Middle Rio Grande Water Conservancy District. The lawsuit claims that the Conservancy District illegally limited water deliveries for all users despite the prior appropriation doctrine, which states that senior water rights holders are entitled to their full allotment before Junior water rights holders, even in times of water shortage and drought.

Many water policy experts across United States have predicted that conflict over water in the West will intensify over the coming decades as the population grows, water uses shift, and uncertainty about climate change continues to illuminate problems in our water management strategies.

Source: http://m.westernfarmpress.com/government/new-mexico-s-fight-senior-water-rights-intensifies

Pres Obama visits Hoover Dam: Will he prioritize water projects in next term?

On October 2nd, President Obama visited Hoover Dam in Henderson, Nevada the day before the first presidential debate. It was his first visit to the spectacular piece of history and water infrastructure. Unfortunately, the visit did not inspire him to include any promises to address sustainable water management in the debate the next day in Denver, Colorado.

Both presidential campaigns have so far been conspicuously silent on many environmental issues including climate change and water conservation. They have both generally addressed the need for upgraded infrastructure and energy independence, but the specifics on how these goals will be met sustainably have not been mentioned.

Source: Pete Souza

The focuses of the campaigns each cycle are often a reflection of the concerns of the voting public. Therefore, the silence on environmental issues is an indication that these issues matter less to most voters compared to the more salient issues like the economic recovery and job creation. This is unfortunate, because environmental crises are not far-off issues. Many western cities are reaching critical crisis points because of aging or inadequate water infrastructure, lack of funding, and growing populations that place demands out of proportion to the already stressed water supply. Nationwide policy on sustainable water management, along with creative and reliable funding mechanisms are needed now.

Investing in water infrastructure solutions would address economic recovery needs and create jobs, and now is an opportune time for either presidential candidate to connect those dots.

Drought affects waterfowl productivity, therefore hunting

Colorado: The Fort Morgan Times staff reported this week that duck hunters this season may be a little disappointed. The drought conditions in Colorado prompt many migratory birds to pass it by for better conditions elsewhere. Weather conditions greatly impact hunting conditions, and variable weather, as most hunters know, can mean a very unpredictable hunting trip. In addition, the drought has impacted the amount of land producing corn and other feed crops that often attract waterfowl to the area, and has brought lake levels down to their lowest in years.

The wetland ecosystems in the intermountain west are adapted to drought cycles and a dry spell of one or two seasons will actually improve productivity afterwards. However, prolonged drought, which is predicted to occur with more frequency and severity across the world according to climate change models, could mean more drastic ecosystem damage.

Source: The Fort Morgan Times

San Bernardino groundwater to be pumped to supply Orange Co

San Bernardino County just approved a management plan for the transport of groundwater near the Mojave Desert into nearby Orange County.

Santa Margarita Water District is working with Cardiz, Inc. to construct the pipeline, which will pump approximately 50,000 acre-feet of groundwater annually. According to USGS reports this exceeds the natural recharge rate of the groundwater in the region by 45,000 acre-feet a year. However proponents of the project say the natural recharge rate is closer to 30,000 acre-feet per year.

Several groups oppose the plan including a local mining operation that fears their operations will be affected by depleted groundwater, and the National Park Service and several environmental groups who are concerned about the ecosystem effects of withdrawing that much water.

Proponents of the plan point to the financial benefits in job creation and tax revenue for the local community.

Source: http://www.dailybulletin.com/breakingnews/ci_21672499/hearing-underway-cadiz-water-project

Image source: mojavedesert.net

Water and Milk: Drought drives costs up

In Colorado, the price of milk has gone up slightly, giving dairy farmers a little room to breathe after drought conditions have driven the price of animal feed up. The price of corn has gone up by 50% this summer, and alfalfa and soybeans have followed similarly. However, the price of milk does not often see sharp increases, which means in tight years like this year and 2009, means dairy farmers get squeezed.

In response to the high feed prices and anticipated low profits for the year, many dairy farmers will likely slaughter a portion of their livestock. Culling herds is a difficult choice, but often inevitable.

Consumers may be dismayed to see the price of milk at the grocery store rise, but it will grant a little relief to the dairy producers.

Source: CBS Denver

Does water conservation kill trees?

In Colorado, drought conditions have put the pressure on managers, residents, and utilities to conserve as much water as possible. As the population continues to grow, water demand goes up, so residential, industrial, and agricultural activities are pressured to use less and less water.

Photo Credit: Jason Edwards @ National Geographic

However, the Northern Colorado Water Conservancy District General Manager reminded legislators and business leaders in Fort Collins this week that cutting off water for residential lawns could "jeopardize" a community's tree canopy. Parched trees is a growing concern for drought-prone communities instituting new water conservation measures. Tree kills can result from less water percolating down from lawns and gardens. Under-watered trees shed their leaves early, stop growth, and are more susceptible to disease.

This situation is indicative of the trade-offs communities have to make when allocating water resources. Where should the water go? Fracking or shade trees? Car-washes or swimming pools? Do shade trees belong in areas that are naturally arid?

Many community leaders and policymakers are mulling other water management strategies, like recycling municipal water for certain uses, and augmenting supply by building new reservoirs.

Source: The Coloradoan

California passes water conservation bill

A bill just passed in California that would focus on water conservation measures for businesses, especially car washes. The law will require at least 60% of water used at car washes to be recycled water. Technology that recycles water on-site is easy to install, and already used at many California car washes. The technology may actually lower the water bill for these businesses.

Credit: Pat's Express Carwash

This sensible bill means that less treated, drinkable water will be used to spray the dirt and bugs off of cars, instead using recycled water that has been filtered to remove detergents and dirt.

Assemblyman Mike Gatto is the author of the bill.






Source: eNewsChannels

Colorado Hydropower and Jobs Bill moves through Senate Committee

A bill that would simplify the process for new small-scale hydropower projects has moved to the Senate, passing the Senate Energy and Resources Subcommittee on Water and Power hearing. The congressional bill (H.R. 2842) sponsored by Colorado Congressman Scott Tipton, passed in March.

Hydropower is heralded by supporters as a reliable, cheap source of renewable, non-carbon emitting source of energy. The bill would allow for new development at existing facilities to increase power generation and provide more jobs. Calling it "low-hanging fruit," Congressman Tipton believes that simplifying the regulatory process will spur smaller hydropower projects that could provide as much power as Glen Canyon Dam.

Although hydropower is emission-free, it does not come without serious ecosystem impacts, altering volume, temperature, and seasonal flow regimes.

Source: Power Engineering Magazine

Las Vegas businesses to share water infrastructure costs

Photo Credit: LA Times

Pat Mulroy, the general manager for the Southern Nevada Water Authority (SNWA), announced that a new funding formula for $2.5 for needed infrastructure upgrades and construction would rely more on connection fees from local businesses. Previously, businesses and non-profits were promised credits to alleviate pressure during the recession.

The Integrated Resources Planning Committee, a 21-person committee tasked with outlining policy and funding recommendations, will revisit the credits, and likely agree on reversing credits and relying on those connection fees to help finance the much-needed infrastructure costs. The SNWA is currently $3 billion in debt, mostly due to recent projects like the $800 million third intake at Lake Mead.

Many businesses are worried that the rate hike, perhaps up to three times their previous rate, will be enough to put them out of business.

The question of funding plagues nearly every community, especially when federal funding is sparse, infrastructure is aging or insufficient, and population and water demand continue to grow.

Source: Las Vegas Review Journal; Vegas Inc.

40,000 acres to be reserved for Rio Grande water conservation

Colorado and the USDA announced the enrollment of 40,000 acres of irrigated cropland in the Rio Grande basin into the Conservation Reserve Enhancement Program (CREP). The program will incentivize land owners to enroll their properties as wildlife habitat, grasslands, or wetlands, which will have a positive impact on groundwater replenishment and in-stream flows. Landowners will agree to reserve contracted lands as restoration areas and save a proportional amount of irrigation water for 14-15 years. They also have the option of participating in an irrigation water retirement program.

Source: Valley Courier http://www.alamosanews.com/v2_news_articles.php?heading=0&page=72&story_id=26519

Drought Assessment shows drought worsening in Rockies

The U.S. Seasonal Drought Outlook was published, which indicated that although drought conditions are improving in some areas of the country, it continues to worsen across the Great Plains and Northern Rockies. The outlook predicts that drought conditions in the Southwest will be improving due to the monsoon season, which has already brought some rain to the region.

The whole assessment can be accessed here: http://www.cpc.ncep.noaa.gov/products/expert_assessment/seasonal_drought.html

Impacts from Colorado Wildfires to Water Quality

Colorado has seen more than its share of wildfires this year. The Colorado Springs fire burner dozens of homes and dislocated hundreds from their neighborhoods. But the fires also have had incredible negative impact on water quality, not just from the soot settling in water bodies. Fires leave areas prone to erosion. And with the recent storms, sediment laden runoff has been a huge problem. In Colorado Springs, one reservoir has been shut down as a result of being filled with sediment. Forest crews have been busy trying to restore the landscape but it will take years before the soil stabilizes.

Source: EPA blog:

EPA Policy Change to clarify definition of US Waters

The Clean Water Act protects the quality of waters of the U.S., traditionally defined as "Navigable" waters and waters that are "a significant nexus...to navigable waters." The ambiguity of these distinctions has been the focus of several state court cases, as well as one recent Supreme Court Case (Rapanos Vs. United States, 2006).

This year, the EPA proposed a revision to the Clean Water Act that would clarify the definition of "Waters of the United States" in order to allow the EPA to protect water quality standards on smaller waters that are hydraulically linked to navigable waters.

Interpretation of Rapanos V. United States has resulted in some waters being removed from CWA protection. This policy change would address that gap, and any waters linked through ground or surface water connections would fall under the CWA.

Some groups, including farmers and managers, are concerned that "other waters" would include highway ditches, culverts, or farm ponds, and that addressing water quality for those waterways would prove costly. However, the EPA has stated, "The guidance will not extend federal protection to any waters not historically protected under the Clean Water Act and will be fully consistent with the law, including decisions of the Supreme Court. The guidance will also maintain all of the existing exemptions for agricultural discharges and waters, and also identify specific types of water bodies to which it does not apply – areas like artificial lakes and ponds, and many types of drainage and irrigation ditches."

Sources: Watertown Daily Times, EPA

Debate over Fracking Flares

Hydraulic Fracturing (or fracking) has been the focus of considerable debate in the energy and environment world. Advocates of fracking point to the added jobs and economic benefits that new projects have on surrounding communities, as well as adding to the supply of natural gas, a cleaner alternative to coal. Public health experts are concerned about impacts to water and air quality and the implications for human health.

Fracking may have a significant impact on agriculture, especially in the West where water is comparatively scarce. In Colorado, the New York Times reported that farmers are finding it increasingly difficult to compete with oil and gas companies for water. Many officials argue, however, that oil and gas companies only lease surplus water from municipalities and so far haven't displaced agriculture significantly. However, the fracking industry is continuing to grow and it remains to be seen whether farms can continue to get the water they need.

Source: The Colorado Statesman, NRDC, New York Times

Stormwater swells in the Southwest

Intense rainstorms hammered the southwest last week, flooding neighborhoods and knocking out power. Most of the neighborhoods that were most vulnerable were trailer parks which lack sophisticated, centralized stormwater drainage systems. In some areas, standing water reached 12 inches, displacing people from their homes and causing structural damage.

John Locher / Las Vegas Review-Journal via AP

Simultaneously, storms near Las Vegas flooded neighborhoods, and roads flooded in the Navajo Nation in Arizona.

Source: NBC News





Storms like this test the infrastructure in place in cities in the Southwest that normally get two to three inches of rain per year. Many western cities do not have upgraded stormwater systems, and send stormwater into ditches and canals that trasport irrigation water. With the increase of urbanization in the West, more impermeable surfaces like driveways, roofs, and parking lots, send even more water during storm events.

Climate scientists predict that more severe weather events are likely to occur as a result of climate change. This puts even more pressure on municipal infrastructure already burdened by growing urban populations. Finding funding for upgrading and maintaining water infrastructure is a serious challenge.

SNWA pipeline may face delays due to springsnail species

Environmental groups are suing the federal government to list a number of springsnail species to the Endangered Species List. If successful, they could block the 280-mile pipeline currently under review that would transport water from underground aquifers in rural valleys in Nevada to Las Vegas.

The pipeline is the focus of a BLM Environmental Assessment currently open to public comment. (See previous post), and the project has been approved by the State Engineer despite considerable controversy.

A 2009 USFWS study named several snail species as needing further investigation to determine their status as endangered or threatened.

Source: San Francisco Gate

Utah Municipality Brainstorms Water Conservation Strategies

Bountiful City, Utah is facing a difficult truth: Residents there use 40 more gallons a day than the average American water user, despite the fact that Utah is a semi-arid state. Most of the water is spent on landscaping and lawns.

Councilmembers debated the utility of starting a secondary metering system that would help residents monitor their outdoor water use, since they believe most of the waste comes from residents forgetting to turn off their automatic sprinklers when it rains, for example.

Outdoor water use continues to pose a conservation quandary for policy makers and city utilities. Pricing schemes, conservation education programs, and monitoring are all on possible solutions for helping residents conserve more water.

Source: The Standard Examiner

An ongoing study at Utah State University has found that residents do not uniformly prefer one conservation approach. Some residents prefer price-based programs that would offer financial incentives for conserving water and burdens for over-users, while others prefer simply having more information about their water use (more comparison tables, indoor and outdoor meters). (Endter-Wada et al., Forthcoming). This may prompt more municipalities to offer a variety of conservation programs that can be subscribed to.

Robert Redford Documentary on the Colorado River

The Robert Redford family released a documentary entitled "Watershed" about the Colorado River earlier this year, and the documentary will be screened in several western cities over the next month.

The film strives to educate its audience as well as inspire possible solutions for the interstate, over-allocated river.

Watch the trailer here, or go to http://watershedmovie.com/trailer/



Upcoming screenings:

OCTOBER 2012

10/18/12 Carbondale, CO | Third Street Center | 7 pm

10/16/12 Glenwood Springs, CO | Glenwood Springs Community Center | 7 pm

10/11-25/12 Chicago, IL | Chicago International Film Festival

10/11-14/12 Bend, OR| BendFilm Festival

10/9/12 Berkeley, CA | UC Berkeley Campus, Wurster Hall Auditorium, Room 112 | 7 pm

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SEPTEMBER 2012

9/29/12 Sundance, UT | Sundance Resort | 4:00 pm

9/29/12 San Diego, CA | San Diego Film Festival | 2:30 pm | Gaslamp 15 Theatre

9/27/12 Tempe, AZ | Valley Art Theater | 7:00 pm

9/27/12 Denver, CO | Denver Film Center | 5:30 pm

9/22/12 Boerne, TX | 2012 Think Green Fair | 3:00 pm | Patrick Heath Public Library

9/19/12 Tucson, AZ | The Loft | 7:00 pm

9/19/12 DATE CHANGE Santa Rosa, CA | Santa Rosa International Film Festival | 6:30 pm | 6th Street Playhouse

9/17/12 Nederland, CO | Nederland Community Library| 12:00 pm – 5:00 pm hourly

New Superfund Site Proposed in Salt Lake City

From East Bench Master Plan

The Environmental Protection Agency and the Utah Department of Environmental Quality have proposed that a PCE (tetrachloroethylene) plume site on the east bench of Salt Lake City be added to the National Priorities List of Superfund sites. The contaminant PCE has been found at extremely high levels in groundwater sites in the area, raising public health concerns.

According to the EPA, "The EPA and the UDEQ have identified this problem and the potential health threats it poses. However, we do not know how widespread the plume is and what the actual risks are. Placing the site on the NPL provides the financial and technical resources needed to better determine the extent of the contamination and address the risks where they exist."

Public comment on the remediation efforts are required, and residents and concerned citizens can find out more information here.

Source: EPA Newsroom 

Arizona State Trust Lands not covered under Reserved Water Rights Doctrine

Courts in Arizona ruled that the Reserved Water Rights doctrine, which states that federal and tribal lands reserve the right to use water necessary for the stipulated functions for those lands, does not apply to state trust lands in Arizona. Federal lands were granted to the state in Arizona in 1910 for government buildings, universities, prisons, and other uses. Arizona argued that since the U.S. congress granted those lands for specific purposes, they served a federal purpose and could therefore apply for federal reserved water rights, but the court disagreed.

About 6.5 million of Arizona's over 9 million acres of state trust land are in the Little Colorado and Gila River basins.

Source: Courthouse News Service

Drought affecting Colorado Corn Growers

The early and disappointing spring snowmelt, high temperatures, and drought conditions have taken their toll on corn farmers in Colorado and across the Midwest. Extreme drought conditions were officially declared on August 21, and a growing proportion of corn harvests are declared "poor."

The low supply is hurting the corn farmers, but also driving the price of corn up, making it difficult for ranchers who purchase corn for animal feed.

Legal requirements of the Colorado River Compact require Colorado water rights holders to let a certain amount of water leave the state for downstream states. This has put the pressure on upstream users in Colorado during this particularly difficult drought year.

Climate Change experts agree that more extreme weather, including drought and flooding, will increase in their severity over the coming decades. This will have great impact on the agricultural production sector of the U.S. economy.

Source: Brush News Tribune

Pipeline to transport groundwater to Las Vegas

Las Vegas may succeed in importing water from nearby valleys through a multi-billion dollar pipeline.

From UNLV Special Collections

In 1922, the U.S. Congress ratified the Colorado River Compact, which allocated the water in the Colorado River between Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming. Ninety years later, the provisions of this compact, which allocated proportionally more water to California and Arizona, have led to fears of water shortages to Las Vegas, Nevada. 

Instead of trying to challenge or re-write the Compact, Las Vegas has been engaged in finding other sources of water nearby in counties east of Las Vegas, and even in Southern Utah. Earlier this year, the Nevada State Engineer approved a proposal for a pipeline that would bring water from nearby Lincoln and White Pine Counties. In August, the BLM released a review of the project that stated the pipeline should be allowed to traverse the public land, but not cut into Snake Valley, Utah, where the project has met the hardest opposition. This week, the Colorado River Commission backed this plan.

Groups such as the Great Basin Water Network call the move a "water grab" and insist that Las Vegas focus on improving efficient use of current water sources rather than exploiting new sources. Others are concerned about the effects the de-watering of Lincoln and White Pine Counties will have on the region.

Source: Las Vegas Sun

Reserved Water Rights for Flathead Res under negotiation

In Montana, negotiations are stalling over Flathead Reservation water rights. The Montana Reserved Water Rights Compact Commission has been negotiating compacts with federal agencies and other tribes since 1979, but this particular reserved water rights situation is a bit more complicated, reports the Missoulian.

First, on the Flathead Indian Reservation, the Kootnai and Salish Native Americans tribes are a minority because of the 1904 Allotment Act that allowed settlement by homesteaders. Second, treaties with these tribes allowed them to continue to access and hunt their traditional lands, which includes riverways off of the reservation. It is not clear how these will be applied to the compact.

Any compact that is negotiated must be ratified by the Montana Legislature and the U.S. Congress, and time is running out. The negotiations are set to expire July 2013.

Rising metal levels in Colorado watershed

University of Colorado and the United States Geological Survey recently released a study that showed high levels of zinc and other heavy metals are occurring in the upper Snake River watershed. Old mining sites leach metals into the water, and the warmer temperatures have accelerated the process. Some areas in the upper Snake River watershed cannot support life because the metals have reached a toxic level. In the lower Snake River, trout populations have been found to be metal-limited. The phenomenon raises the issue of cascading effects from warming temperatures on water quality and ecosystem health.

Source: Summit Daily

Fracking proposed near Moab

Residents and activists in Moab are concerned about the potential for groundwater contamination as a result of hydraulic fracking. The BLM plans to auction several parcels near Moab for oil and gas exploration. Of concern are two parcels that lie close to the Glen Canyon Aquifer, the main source for Moab's drinking water.

The BLM is currently preparing an Environmental Assessment, a document required by the National Environmental Policy Act, which will be available later this month. Once it is released, there will be a 30-day public comment period. The main concern will be minimizing the impact fracking could have on the aquifer. Also of concern is the fact that potential negative impacts would be felt in Grand County, but the revenues from the lease funds and property taxes of oil and gas exploration would go to San Juan County.

Source: Salt Lake Tribune; San Francisco Chronicle

Bring Hetch-Hetchy Valley Back?

Norimitsu Onishi of the New York Times reported on an upcoming city-wide ballot measure in San Francisco to dismantle the Hetch-Hetchy Reservoir and restore the valley. Currently the reservoir, which is formed by the 364-foot O'Shaughnessy Dam, stores 360,000 acre-feet of San Francisico's drinking water supply.

Many city officials and opponents to the restoration question whether adequate water can be found elsewhere, and balk at the potential cost of decommission and ecological restoration ($1-$10 billion, depending on who you ask). Other considerations include impacts to hydropower generation and agriculture.

CA sued over Erin Brockovich chemical

Today the Huffington Post reported that a few environmental groups are suing the California Department of Public Health for failing to address concerns over the presence of chromium-6, the chemical made notorious by the real-life activist turned movie-subject Erin Brockovich.

The story illustrates the delayed nature of water pollutant standards and enforcement. First, the question of whether the pollutant was carcinogenic in water needed to be answered, and once it was determined to be dangerous, the EPA set a "public health goal" of 0.02 ppb in water, but this level is not an enforced federal standard. It was left to the state of California to develop a statewide standard as close to the recommendation as possible. Environmental groups are suing after tests in various sites in southern California revealed higher levels than the EPA goal.

Developing standards and criteria for water quality can often take many years. Once those standards and criteria are developed, public health and water quality divisions are still obligated to review and adapt them when new scientific information becomes available. Actually arriving at the next step of mitigating pollution levels and enforcing whatever technological or BMP solutions are needed is obviously also incredibly time consuming and often cost-intensive.

It could be years before the mitigation efforts are in place to bring down levels of chromium-6 to acceptable levels.

It remains to be seen whether the litigation approach will speed the process.

Water Rights in Southeastern Colorado

Dan Gordon at the Denver Post reported yesterday that farmers in southeastern Colorado are selling off their water rights to companies and investors. This is a trend that has been occurring in the West for a few decades. As urban populations grow, municipalities, investors, and corporations have been buying off water rights from neighboring farmers and ranchers. This means that productive farmland is converted either into dry crop land, left barren, or developed into commercial or residential uses.

This phenomenon raises concerns about suburban sprawl, food scarcity, and water speculation.

Broken Pipe (and dam) Dreams EDITORIAL

The Western expansion of the 19th century began with the Louisiana Purchase, which effectively doubled the size of the country. Thousands began settling further and further west, building towns and farms. The idea of land ownership for the individual was heralded as being the very definition of liberty.

As people settled into the more arid landscapes in the intermountain west, infrastructure projects became essential to the long-term survival of the new settlements. Dams captured water during its most abundant season - the spring runoff - and canals diverted that water to the farms and towns when and where it was needed.