• Home
• About
• News
• Economic Impact
• Legislative Update
• Calendar
• Contact
• Information Links

2008 Major Stories Archive

Closing on Water Loans Written by Tony Rayl

Thursday, 18 December 2008

The Colorado Water Conservation Board signed off on loans to the Yuma County Water Authority Public Improvement District and the Republican River Water Conservation District, earlier    this week.     CWCB's loan to the Yuma County Water Authority PID is for $9.5 million, which will be used toward the total $20 million purchase of senior surface water rights from the Colorado board of the Pioneer Irrigation District and owners of the Laird Ditch.     CWCB's loan to the RRWCD is for $4.545 million, which will go toward the total of $5 million to the YCWA PID for a 20-year lease on the senior surface water rights. The YCWA PID will put the lease money toward the $20 million buyout.     The CWCB Board approved both loans last month, with final approval and signing off on the loans coming earlier this week. Each loan is at 2.25 percent interest over 20 years.     Yuma County Commissioner Robin Wiley said the CWCB money should be transferred to the YCWA PID by December 26.     The remaining $5.85 million needed for the senior surface rights purchase, and associated administrative fees, was raised in a bond issue conducted on December 8. The bonds sold in about two hours, Wiley said, with the average interest rate being 4.46 percent.     The maximum interest rate was 6.75 percent in the ballot question approved by Yuma County's voters November. The county's electors overwhelmingly approved a bond issue of $15 million for the purchase of the senior water rights, as well as the formation of the Public Improvement District.     CWCB's loan was approved later in November, thus resulting in the bond issue being considerably less, and also driving down the overall interest rate for the county's property tax payers.     Closing on the water purchase is set for December 29, at which time Yuma County and its residents will become owner of the senior water rights on the North Fork of the Republican River in Colorado. The RRWCD's 20-year lease is set to kick in simultaneously. Digging up trees to save water       Written by Tony Rayl    Friday, 05 December 2008     Much has been made of the several methods being used by Colorado to come into compliance with the Republican River Compact.     There is the multi-million dollar compliance pipeline project (still on hold), millions of federal money and local cash spent on programs to take acres out of production in CREP and EQIP, along with the spirited debate on whether or not to drain Bonny Reservoir, and more money spent on purchasing surface water rights.     And then there is a program spearheaded by money budgeted by the Yuma County Weed and Pest Control District and Republican River Water Conservation District, in which unwanted, hard-drinking trees are being torn up and destroyed.     The project's focus is to revitalize the riparian areas along the Republican River corridor. Another benefit is it should result in more water running down the river into Nebraska.     This week began the effort to eradicate Russian olives and salt cedar trees along the North Fork of the Republican River.  It could result in as much as 1,500 to 2,000 acre feet of water per year available to the North Fork, instead of being sucked up by the non-native trees.  Fred Raish, general manager of the pest control district, said 350 acres are mapped out for the project. The plan is to wipe out Russian olives and salt cedar trees up to 100 feet on both sides of the North Fork. Raish said he hopes crews will be able to get all the trees from the North Fork's headwater to the state line, as well as along all the tributaries.     A study in other states have shown the trees drink as much as 4.35 acre feet of water annually per one acre of trees. Raish said it is not known how much the trees take in water in northeast Colorado because such a study never has been done here.  Besides less water being pulled from the surface water by the trees, Raish said eradication could benefit wildlife, as the Russian olives and salt cedar grow too thick to serve as habitat to many species, and also help stream flows, which could help wildlife such as endangered minnows found in the streams.  "Also, if we get the rains, it will flow into the river instead of getting stopped up (by the trees)," Raish said.  Raish has been a key player in getting the project together, along with plenty of encouragement from Bud Mekelburg, a member of the Yuma Conservation District Board that has been advocating the eradication of the invasive trees for years as a way to help meet compact compliance. Partners     Numerous entities have partnered with the pest control district and RRWCD on the project to form the Republican River Watershed Weed Management Area. The partners are: Cope Conservation District, Yuma Conservation District, Yuma County Conservation District, NRCS — Yuma, Wray and Akron, U.S. Fish and Wildlife Service, Colorado Division of Wildlife, 3 Rivers Alliance, Colorado State Parks, The Nature Conservancy, Kelly Uhing — State Weed Coordinator, Cindy Lair — Colorado State Conservation Board Program Manager, Kristi Gay — East Central RC&D, Colorado State Land Board, U.S. Department of the Interior Bureau of Reclamation, Colorado State Forest Service, Colorado Agriculture Preservation Association (CAPA), Ducks Unlimited, Colorado Association of Conservation Districts, and Colorado Water Conservation Board.     Raish said the partnership has been formed in order to get input on how it should be done, and also provide assistance. Raish said the partnership also will help with attaining grants. Cost share and phases     It is a cost-share program, with the pest control district covering 75 percent of the $300-per-acre cost, and the landowners paying the other 25 percent ($75 per acre). If landowners would like more information, they can contact the Yuma County Pest Control District at 848-2509 or the Yuma County Conservation District at 332-3107.     Eradication entails cutting down the trees, piling them up, and spraying the stump with a herbicide that kills the stump and the root system The work began earlier this week and will last through the winter.     The first phase targets the North Fork and its tributaries. H & S Habitat Enhancement out of North Platte, Nebraska, is the contractor.     Future phases will target eradication along the South Fork of the Republican River and the Arikaree River.  Raish said it will all get done as funding becomes available, and also would like to get parts of Kit Carson County and Washington County involved. Russian olive and salt cedar     Russian olives are native to southern Europe and west central Asia first introduced in the United States in the late 1800s for windbreaks. While a useful tree for decades, more negative reports have started coming out in recent decades, as it became clear the Russian olive choked out other vegetation, particularly threatening cottonwood and willow trees, and displaced native plant species and wildlife habitats.     Eradication proves to be difficult, as the tree resprouts heartily from a root stump.     “It takes time and effort,” Raish said. “This is a three-year project.”     Any new trees that sprout up after the initial eradication will be torn up again.     Salt cedar (or saltcedar) is a shrub or small tree that grows to about 15 feet, half the height of the Russian olive. The Plant Conservation Alliance reports: “Saltcedars are fire-adapted species and have long tap roots that allow them to intercept deep water tables and interfere with natural aquatic systems. Saltcedar disrupts the structure and stability of native plant communities and degrades native wildlife habitat by outcompeting and replacing native plant species, monopolizing limited sources of moisture, and increasing the frequency, intensity and effect of fires and floods. Although it provides some shelter, the foliage and flowers of saltcedar provide little food value for native wildlife species that depend on nutrient-rich native plant resources.” If you have land along the rivers and are interested in cost share assistance to remove non-native trees please contact the Yuma County Pest Control District (970) 848-2509.  CAPA serves as a member on the Republican River Watershed Weed Management Area which is an advisory group to the Yuma County Pest Control District and has assisted in getting the tree removal program started.

(CARLSBAD, New Mexico) — The New Mexico Interstate Stream Commission announced today that the Seven Rivers Pipeline Project, located about 15 miles northwest of Carlsbad, is 50 percent complete. Upon completion, about 10 miles of pipeline will connect 13 wells--10 owned by the Commission and 3 privately owned. The wells are drilled into the deep artesian aquifer and are between 500 and 800 feet deep. Once finished, the pipelines will carry about 20,000 gallons per minute from the wells to Brantley Reservoir.

Did you miss the annual meeting on October 1st?  Click here to read CAPA's Annual Report

State engineer answers water questions

No pipeline if South Fork not fixed

Bonny Reservoir Update

There was an Executive order signed the week of August 10th to release 2,000 acre feet of water from Bonny Reservoir   As of Friday morning August 15, 8:00 am the gate has been open and will remain open until the 2,000 acre feet is drained.  While this is great for compact compliance this year we need to focus on a long term solution which may entail commitment from the state to  mitigate the evaporation and seepage loss on an annual basis or convert the water held in Bonny to in-stream flow.  CAPA will continue to work on this issue until it is resolved permanently. 

Measurement Rules 

Forms  to fill out for measurement rules including PCC variance click here

List of Certified Well Testers in the state of Colorado click here

Signed Order by hearing officer click here

Measurement Rules click here 

If you want a pcc it must be preformed by October 15 of 2008 or you will have to have 2 pcc tests done next year unless you have a previously done pcc that qualifies.

Meters can be tested at any time.

For more information see the measurement rules link above. 

Colorado's solution in pipeline
 
Story from Omaha Newsstand
 
As Nebraska and Kansas water czars wade closer to non-binding arbitration to
settle troubles over sharing Republican River water, Colorado is moving
ahead with plans to divert itself out of the fray.
 
"Frankly, when you're in a hole, you need to stop digging deeper," said Ken
Knox, deputy state engineer for the Colorado Division of Water Resources.
 
This week, Knox and his boss, Dick Wolfe, the state engineer, hope to
convince their Nebraska and Kansas counterparts that Colorado's pipeline
plan is a viable solution to that state's share of basin water problems.
 
    "I can't make it rain," Knox said, explaining the necessity of building
a $71 million pipeline to the Nebraska border and pumping underground water
into the Republican River.
 
The bulk of the cost went to buying water rights on about 9,600 acres of
farmland on Colorado's eastern plains. Colorado paid more than $50 million,
or $5,300 an acre.
 
A 13-mile pipeline and infrastructure is budgeted at $21 million.
Construction is expected to begin later this year.
 
The project is financed by a $14.50 tax per irrigated acre on landowners in
the Republican River Water Conservation District around the streams that
create the river's headwaters.
 
Colorado shares water rights on the Republican, a 550-mile river that flows
from the eastern Plains across part of southern Nebraska and into part of
northern Kansas. The river provides water for irrigation, drinking,
recreation and other uses in those three states. Its use is governed by a
1943 compact among the three states that allocates 49 percent to Nebraska,
40 percent to Kansas and 11 percent to Colorado.
 
Kansas says Nebraska and Colorado continue to use more than their share of
the river basin water in violation of water use rules spelled out by the
U.S. Supreme Court in a 2002 settlement of a Kansas-instigated lawsuit.
 
The states could be headed back to the high court.
 
Colorado's Wolfe, Nebraska's Ann Bleed and Kansas' David Barfield plan to
meet Tuesday and Wednesday in Kansas City, Mo., in a special meeting of the
Republican River Compact Administration.
 
The meeting was forced when Barfield submitted Kansas's dispute with
Nebraska to the compact administration as a fasttrack issue in February.
 
Kansas formally declared in December that Nebraska significantly consumed
more than its share of Republican River water from 2003 through 2006.
Farmers use the vast majority of water pumped out of the basin to irrigate
crops. Excessive usage violates the compact that allocates Republican water
among the three basin states.
 
Barfield proposed that Nebraska cease pumping from all irrigation wells
within 2.5 miles of the Republican and its tributaries and from wells added
after 2000. He also demands that Nebraska pay unspecified monetary damages.
 
Nebraska state and local water officials oppose Barfield's remedy as
inefficient and likely to have a devastating economic impact on farmers and
communities.
 
Bleed, Barfield and Wolfe are the compact administration's only members. If
they don't resolve the dispute with a unanimous vote during this week's
meetings, Kansas is expected to invoke nonbinding arbitration.
 
"We're all to agree. If not, I assume we'll be in arbitration," Bleed said.
 
If arbitration fails, Barfield has said Kansas would sue Nebraska in the
U.S. Supreme Court.
 
Bleed is expected to defend Nebraska's attempts to remedy its overuse of the
river water. These include reducing groundwater pumping by farmers and
buying river water from irrigators who hold rights to the flows and release
it downstream to Kansas.
 
Nebraska's state and local water managers have informally discussed
following Colorado's pipeline example and pumping water into the Republican
near Guide Rock, where the river flows into Kansas.
 
But such river augmentation projects aren't yet part of Nebraska's working
list of remedies for its troubles with Kansas.
 
Knox said Colorado, like Nebraska, wrestles with how to meet its water
obligations to its downstream neighbors without damaging the rural economy.
 
"It's simplistic, but what Nebraska and Kansas choose to do or not do is
their business," he said. "We're trying to get our house in order."
 
The pipeline project is one tool Colorado can use to comply with the
compact.
 
"We're looking at this issue with binoculars," Knox said. "The pipeline
helps us immediately - during the next 10 to 20 years - but I'm mindful that
we need to prepare for the period 20 to 100 years from now."
 
 

Kansas to Push Republican River Water Grievance With Nebraska

Click to See Article

Water dispute likely headed to outside arbitrator By NATE JENKINS Associated Press Writer Article Last Updated: 05/16/2008 03:05:42 PM MDT LINCOLN, Neb.—Nebraska and Kansas water officials on Friday failed to resolve their dispute over use of Republican River basin water, increasing chances the issue will return to court. At stake are millions of dollars and hundreds of thousands of acres of irrigated land. The two sides, along with Colorado water officials, met over two days in a last-ditch effort to reach agreement and avoid hiring an arbitrator to help settle their differences. But the two sides left the talks in essentially the same position they have been in for months: Disagreeing over whether Nebraska has a good plan to comply with a 2003 U.S. Supreme Court decree that governs water distribution. David Barfield, chief engineer for the Kansas Division of Water Resources, said he likely will send a letter to Nebraska over the next several weeks to start the arbitration process. If arbitration doesn't lead to an agreement, he said, Kansas will be ready to take the issue back to the U.S. Supreme Court. "Obviously, Kansas is not going to stop short of having those remedies ... in place, including recovery of damages, and including a demonstrated plan that will get Nebraska into compliance in the future," Barfield said. Brian Dunnigan, Nebraska's top water official, wouldn't comment when asked whether his state would come forward with more proposals to comply with the three-state compact. "Certainly we're concerned," he said of Kansas' contention that Nebraska's plan falls short. "And we're working very hard to address those concerns." Colorado and Nebraska, both struggling with drought, have been using more water from the river than they're allowed under an agreement with Kansas. To prevent a lawsuit by Kansas, the Colorado state engineer's office has recommended shutting down some wells. Kansas contends Nebraska used about 80,000 acre-feet, or roughly 26 billion gallons, more than it was allowed in 2005 and 2006. Kansas has demanded more than $72 million for the overuse in addition to a shutdown of wells that irrigate nearly half of the 1.2 million acres in Nebraska's portion of the river basin. Nebraska officials say Kansas has overstated the amount of water that was overused and contend that their long-range plan to get into compliance with the river compact is sufficient. The plan includes curtailing groundwater pumping, buying water from farmers to send downstream to Kansas, and eradicating water-sucking weeds from the basin. But Nebraska's current plans to curtail groundwater pumping in the heavily irrigated basin "don't even reduce groundwater depletions—they slow the rate of increase, and they aren't even binding, as far as we can tell," Barfield said. Kansas officials have said that sharp cuts in Nebraska groundwater use are needed because of the connection between ground and surface water. Nebraska water officials contend that immediate, sharp reductions in groundwater pumping will not get Kansas the water it is owed in the short term because of a long lag between the time groundwater levels rise and when that results in more stream flows. Jasper Fanning, manager of the Upper Republican Natural Resources District based in Imperial, called Barfield's assessment of Nebraska's groundwater plans inaccurate. Kansas is wrong to assume the so-called integrated management plans developed by the districts and Nebraska are permanent and won't change to possibly require further reductions in the future, Fanning said. Nebraska and Kansas won't enter the arbitration process alone. Colorado officials voted with the other two states Friday, during the meeting of the Republican River Compact Administration, to begin the process expected to lead to arbitration. Colorado and Kansas disagree over how to measure additional Republican River water Colorado would supply to Kansas via a $71 million pipeline that could be completed in the summer of 2009. The 12 1/2-mile pipeline would take groundwater now used on 10,000 acres of irrigated farmland in eastern Colorado to the north fork of the Republican River at the Colorado-Nebraska state line. Under the 1943, interstate compact, 49 percent of the river's water is allocated to Nebraska, 40 percent to Kansas and 11 percent to Colorado. In 1998, Kansas sued Nebraska, alleging its neighbor to the north violated the compact by allowing thousands of wells to tap the river and its tributaries.   Legislature approves pipeline funding    Written by K.C. Mason   Thursday, 08 May 2008     DENVER - State lawmakers, who end their 2008 legislative session this week,  approved a $60.6 million loan to eastern Colorado farmers to build a compact-compliance pipeline that will deliver Republican River water to the state line.     They also endorsed spending upwards of $15 million to meet the three-state agreement on protecting endangered species along the South Platte River and preventing the spread of zebra mussels from Pueblo Reservoir to other Colorado lakes and ponds.     And anyone who wants to donate a water right to the Colorado Water Conservation Board to improve in-stream flow for recreation and fish habitat can now do so under the Healthy Rivers Act that Gov. Bill Ritter signed into law last month.     But northeastern Colorado's lawmakers couldn't overcome long-held grievances over past well depletions from South Platte River to help Front Range farmers take advantage of this winter's heavy snowpack.  A late bill that would have allowed the well users to irrigate and augment at the same time never made it out of committee.     "It's over; it will die on the calendar," said Sen. Greg Brophy, R-Wray, referring to Senate Bill 247, which he and Sen. Jim Isgar, D-Hesperus, introduced last week with the support of the State Engineer's office.     Brophy, R-Wray, threw in the towel Monday when it became obvious no one on the Senate Agriculture Committee was going to have a change of heart.     The committee voted 3-4 on Friday against the bill, but Isgar left the door open for a reversal when he adjourned the committee without taking a final procedural vote to postpone the bill indefinitely.     SB 247 would have allowed the irrigators with decreed augmentation plans to use leased water from the Colorado-Big Thompson system in new substitute water supply plans, which could then be used to pay back pumping depletions from before 2003.     Officials from the Northern Colorado Water Conservancy District, which administers CBT water, said there was enough snowpack this year to lease the extra water to irrigators without injuring senior water rights on either side of the Continental Divide.     Hundreds of wells along the Platte in Weld, Adams and Morgan Counties were curtailed in 2006 when they were unable to prove they owned the rights to augmentation water.  Many now have augmentation plans for current pumping, but have to use their water to replace the older depletions.     "We missed an opportunity to help these farmers because the amount of water that's got to come over (from the Western Slope) is fixed," Isgar said. "Those farmers could have leveraged it into quite a bit more irrigation this year and that's the unfortunate thing.  With crop prices high, it would have been an opportunity for some of them to catch up."     The opposition focused on the lack of time to consider a major change in water policy with less than a week to go in the legislative session. Representatives from Sterling, Boulder and Highlands Ranch all testified against the bill last week.     "This has not been vetted with many folks in the water community," said Sen. Dan Gibbs, D-Silverthorne, one of three Western Slope senators to oppose the bill.  "We are shooting from the hip on a really important water policy that impacts not just a certain basin but the entire state."     Rep. Mary Hodge, D-Brighton, who earlier in the session saw the defeat of two of her own bills aimed at helping the South Platte well users, said she was "very disappointed" in the demise of SB 247.     "This was real water that would have done some real good for our farmers," Hodge said. "People get locked down in a position.  When they hear South Platte, wells, the usual suspects.they say 'oh-oh, I'm going to have my senior rights hurt' without really looking at what the bill did."     Hodge and Rep. Cory Gardner, R-Yuma, were on line to try to ram the bill through the House in the last two days of the session.     Gardner said introducing the bill any sooner wouldn't have made any difference.     "The people who were opposed to this would have been opposed in January," Gardner said.  "It just made it easier for the opposition to work because they could cry foul on process and thereby avoid any substantive discussion of the policy itself."     Gardner and Brophy were elated with the inclusion of the Republican River compliance pipeline into the annual CWCB "projects" bill. The loan will be paid back over 20 years at 2 percent interest, using fees collected from irrigators and other water users in the Republican River Basin.     "The pipeline and the Republican River compact was my number one priority for this year," Brophy said.  "It was just absolutely critical that we get that done and we did."     Brophy said a related bill he and Gardner carried that called for the drainage of Bonny Reservoir served its purpose in calling the legislature's attention to the evaporation losses from Bonny.  Brophy killed his own bill after the pipeline loan appeared assured.     Rep. Jerry Sonnenberg, R-Sterling, did not sponsor any water bills this year.  He plans to attend this summer's meetings and events of the interim Water Resources Review Committee even though he is not a member.     "I go to those meetings and on the tours at my own expense because I care a lot about water," Sonnenberg said.  "But given the limited number of bills I could carry and how difficult it is to run a water bill that can actually accomplish something, I chose not to carry a water bill this year."     Among other water bills that did pass were measures to:     Allow water users to lease a portion of their water to the CWCB over a long term for in-stream flow, without fear of losing their water rights (HB1280);     Require developers to show they have a sustainable water supply for development before getting construction permits. (HB1141) The bill was significantly weakened to allow the use of water utility master plans as proof of sustainability;     Allocate $7.5 million from the endangered species trust fund to meet Colorado's obligation to the Platte River recovery project (SB 168).  The agreement with Wyoming and Nebraska to protect endangered species was ratified by Congress late last month;     Spend $7.5 million in severance tax funds for an intense state effort to keep the zebra mussel from overtaking Colorado's reservoirs like it has in other states. (SB 226) The effort includes inspections and decontamination centers at many state parks.  Eliminated from the final bill were required inspections at ports of entry. Kansas seeks $72M from Nebraska over river By JOHN HANNA Associated Press Writer Article Last Updated: 04/22/2008 04:30:30 PM MDT TOPEKA, Kan.—Kansas demanded Tuesday that Nebraska pay more than $72 million for taking too much water from the Republican River, but Nebraska's attorney general said the figure has "no basis in reality." Kansas officials already had proposed that Nebraska cut pumping from wells in its portion of the river basin to comply with a 2003 U.S. Supreme Court decree governing water use. The dispute could go back to the nation's high court early next year if the two states can't resolve their disagreements. Kansas contends Nebraska's water use exceeded what was allowed for 2005 and 2006 by nearly 26 billion gallons, or nearly enough to supply a city of 100,000 for 10 years. Nebraska officials acknowledge some past overuse but contend they've taken steps to comply with the court decree. The latest demand came from David Barfield, the chief engineer for Kansas' Division of Water Resources, in a letter to Brian Dunnigan, the acting director of Nebraska's Department of Natural Resources. Barfield said forcing Nebraska to pay Kansas would give Nebraska an incentive to comply with the court decree. He noted that the states continue to monitor water use and said Nebraska remained out of compliance last year. "We're after compliance," Barfield said during an interview. "They're only going to be motivated to comply if there's some consequence." Nebraska Attorney General Jon Bruning said the method Kansas used for calculating the payment has been rejected in other water litigation. He said in a statement that Nebraska is committed to resolving the dispute but, "We're disappointed to receive a damage claim that has no basis in reality." The dispute is before a commission set up to administer a 1943 compact on the river among Colorado, Kansas and Nebraska. If it doesn't resolve the disagreement, Kansas must seek arbitration before turning to the Supreme Court again. Barfield's letter said Kansas estimated that Nebraska received economic gains of $63 million by not complying with the compact. He added 15 percent to that figure to cover Kansas' legal costs and create an incentive for Nebraska to comply, to reach $72 million. "Nebraska's failure to comply with the compact continues to hurt Kansas farmers and communities," Kansas Attorney General Steve Six said. "We are looking for a way to bring Nebraska into compliance and deter them from continuing to ignore the compact in the future." But Bruning said Kansas has not provided information that Nebraska has repeatedly requested, detailing the damages Kansas has suffered. North and south forks of the Republican flow from northeast Colorado into Nebraska, converging just over the border. The river then flows through southern Nebraska into north-central Kansas and Milford Lake northwest of Junction City. Its basin covers almost 25,000 square miles. The 1943 compact allocated 49 percent of the river's water to Nebraska, 40 percent to Kansas and 11 percent to Colorado. In 1998, Kansas sued Nebraska, alleging its neighbor to the north violated the compact by allowing thousands of wells to tap the river and its tributaries. The three states settled that lawsuit, and the Supreme Court's decree approved the settlement. But Kansas officials have continued to complain that Nebraska is taking too much water. In December, Kansas proposed shutting down wells in Nebraska within 2.5 miles of the river and its tributaries, as well as land in the basin where irrigation started after 2000. Those wells supply about 42 percent of the 1.2 million acres in Nebraska's portion of the river basin. "They are working, but they are not there yet, and so we have to keep pressing until they get there," Barfield said. But Bruning said Nebraska doesn't expect to use its full share of Republican River water in 2008. He also said some farmers in the river basin have used up to 30 percent less water than they were allocated in recent years. ——— Associated Press Newsman Nate Jenkins in Lincoln, Neb., contributed to this report. On the Net: Kansas Division of Water Resources: http://www.ksda.gov/interstate—water—issues/ Kansas attorney general: http://www.ksag.org Nebraska Department of Natural Resources: http://www.dnr.state.ne.us/ Nebraska attorney general: http://www.ago.ne.gov/

For More information see our News section

The report on the RRWCD quarterly meeting on April 18, 2008

There was a lot a discussion on the pipeline and all of the issues and details surrounding it. The RRWCD is working on getting the easements and are currently working with all of the effected landowners.  There was some talk of using the county right of way but only if necessary.  

Details on the design of the pipeline included that it will first utilize 8 wells that will pump 1,500 gpm that are a fair distance apart from each other.  The other 7 wells are designated for future use when needed. The upper 7 miles of pipe will be a low pressure pipe and the bottom 5.5 miles will be a mixture of low and high pressure. The outfall structure will be located approximately a half mile from the state line. They are running cost analysis on different size of pipe.  A 36 inch pipe will allow for 15,000 acre feet of capacity maximum.  A 42 inch pipe will allow for 25,000 acre feet if capacity for an additional cost $1,454,000.

Using the pipe line to produce Hydro power was also discussed.  It has been researched by the RRWCD engineering committee and GEI.  They concluded that from an economic standpoint it would not be beneficial at this time and recommended to the board not to move forward. The board agreed with the recommendations not to pursue this idea.

The Board approved to hire a pipeline coordinator to assist the district with all of on the ground particulars in designing and construction of the pipe.

They spoke about the Compact Administration meeting.  See CAPA’s article for more information Republican River Compact Administration Meeting March 2008 .  There will be another Republican River Compact Compliance meeting in Lincoln NE. on May 11.

Nebraska's Ann Bleed departs abruptly from Gov. Heineman's administration effective immediately 3/24/08  click to see article

Republican River Compact Administration Special Meeting March 2008

The Republican River Compact Administration Meeting was held March 11^th and 12^th in Kansas City Missouri Colorado was represented by Peter Ampe out of the Attorney Generals office, State Engineer Dick Wolfe, Depute State Engineer Ken Knox and Megan Sullivan also from DOWR.  Alexandra Davis from Division of Wildlife was in attendance.  There were many members of the Republican River Water Conservation District (RRWCD) present including Dennis Coryell, Kim Killin, Rick Seedorf, Bruce Latosik, Garry Kramer, Greg Terrell, Manager Stan Murphy, Hydrologist Jim Slattery and Attorney Dennis Montgomery.  Greg Larson a hopeful RRWCD board member candidate from Logan county was also present. Bethleen McCall represented the Colorado Agriculture Preservation Association (CAPA).  Yuma County Commissioner Robin Whiley and President of Colorado Corn Growers Association Byron Weathers were in attendance on the second day. 

The first day consisted of discussion about Nebraska and Kansas disputes about the model runs.  Nebraska argued that they had made several model runs with significant differences in the outcome compared to Kansas results.  There was also discussion about whether the non federal reservoirs below Harlan County Reservoir are excluded from the accounting process in the model.   Kansas asked if Nebraska had come to the conclusion that they were not accountable for past noncompliance.  Anne Bleed replied that Nebraska has not come to that conclusion and that was simply a misunderstanding.   She did say that Nebraska would like a better understanding of how much Kansas was thinking for damages she asked if it was hundreds or billions.  Kansas replied that there must be some type of compensation to discourage future non compliance and hinted that it would either be Kansas loss or the other states benefit whichever was greater.  Dick Wolfe interjected that Colorado would like to see the compensation go to deal with a solution toward compliance such as a compact compliance pipeline.  Nebraska also mentioned several times that they are focused on a 20% reduction in pumping basin wide to get into compliance.  Kansas was not thrilled with Nebraska’s plan for purchase of surface water and said it was not a long term solution due to the fact that they can not be sure that the surface water will be there in the future.  Ken Knox asked Nebraska for some numbers regarding phreatophyte removal.  Nebraska also mentioned that they are considering installing a compact compliance pipeline to augment their deficit.  They have requested that representatives from the RRWCD provide guidance.  There is a tentative meeting scheduled for late March. 

Day two Ken Knox presented Colorado’s proposal on the compact compliance pipeline.  Ken proved to be a true advocate for the people of Colorado and especially the irrigated farmers.  He spoke about local efforts being the driving force behind the compact compliance pipeline.  Knox also said that “Colorado recognizes its ability and responsibility to comply with the Republican River Compact Settlement”. He stated that the water users in the basin are baring the full financial burden and also spoke about the careful consideration taken on the placement of the wells and pipeline.  Stating that the sand hills have the highest recharge rate in the basin and that Colorado wanted to ensure that the pipeline will operate as long as possible.  He explained that the capacity to the pipeline will begin at 15,000 ac/ft and could reach a maximum of 25,000 ac/ft  He said there is a contract on 58 wells that have 66 well permits and they will change the use from irrigation to compact compliance, they will also do a variance request to change the location of the wells and combine them into 15 wells.  Eight of those being the primary wells and seven will be secondary or “back up wells”.  Colorado also pans to construct a storage facility that in the event of a power outage will be capable of operating at 2/3 capacity for approximately 2 hours.   Up next was President of the RRWCD, Dennis Coryell, first he introduced members in the audience from Colorado.  He pointed out that Colorado is in a unique situation compared to Nebraska due to the fact that Colorado could curtail all stream flow and shut off nearly every well in the basin and still not be in compact compliance.  So he said that Colorado had to look at artificial means to augment the river and keep irrigated production in the Republican River Basin of Colorado.  He stated that the RRWCD had been aggressive in the purchase of water rights on the South Fork of the Republican and mentioned measurement rules that will eventually help develop long term conservation methods.  He explained the process RRWCD has undergone including the feasibility study, financial planning and mentioned that at the Colorado State Capitol the very same day that they are perusing a low rate loan through the water projects bill.  He also mentioned that our CREP program is permeate unlike Nebraska’s.

President Coryell said that he wanted to speak from his heart for a moment and stressed that water users in the basin are the ones shouldering the financial burden.  He also stated that there are approximately 2,500 family farms operating in the basin.  He said, “It’s not just about water districts and states but we are hear today for the individual farmers, their families and the communities that depend on them.  We are committed to the installation and operation of this pipeline if you commission will allow us to do so.”

Kansas responded saying they will be diligent on responding to Colorado and the settlement does allow for the installation of a compact compliance pipeline.  Nebraska said they are optimistic to work things out.  Both states said that they were in favor of the concept of the pipeline and there are details that need to be worked out but they will issue final approval hopefully in June of this year.  There are two upcoming meetings scheduled both in Kansas City one on April 11^th and another on May 15^th. 

Governor Ritter hosts a town hall meeting in Wray

The Governor of Colorado hosted a town hall meeting in Wray at Morgan Community College on Friday February 15th.  He said several positive things concerning the water issues the Republican River Basin faces.  He said he is in favor of the concept and funding of a compact compliance pipeline.  He also said that he had spoken with the Governor of Kansas and asked them not to peruse legal action yet to give us some more time to develop solutions.  CAPA was expecting to see Kansas file suit the first week in January of this year and they still have not.  He said he would like to see the Division of Wildlife get out of the Pioneer Ditch lawsuit.  He also said that he and his office will do everything that they can to assist residents of this basin avoid involuntary well curtailment. 

CAPA Meets with RRWCD

CAPA was invited to speak with the RRWCD board during their regular quarterly meeting held 2/26/08.  The RRWCD asked about CAPA's position on the Lock Out Program regarding private land owners not allowing access to DOW for any services included but not limited to inventories, hunting, and surveys.  CAPA has not taken an official position on the Lock Out Program at this time.  RRWCD reported that they also have not taken an official position.  

The RRWCD will be meeting with county commissioners in the basin to explore the possibility of an election on some type of additional fund raising so the burden will not be solely on water users, possibly a bond or sales tax. 

Our members asked if there is a possibility for the RRWCD to go after grants to offset the cost of the pipeline and other projects in the future.  They said that they are limited to 10 percent of the total operating budget for acquiring grants however there may be an opportunity for other organizations to offset the costs by paying invoices on behalf of the RRWCD. 
 
President Coryell said that he was pleased we had met with Progressive 15 and encouraged us to continue developing relationships with various organizations that could benefit the residents of the basin. 

The need to have producers and concerned people at the Kansas City commission meeting on March 11th and 12th to voice support for pipeline approval was spoken about. 

RRWCD offered to share their White Paper for the Compact Compliance Funding in the Water Projects Bill.  CAPA will have our lobbyist assist with passing of the funding of the Water Projects Bill.  RRWCD expressed their appreciation for the efforts of CAPA's members and board.  

CAPA brought up the topic of conservation issues (terracing, lined ditches, stock ponds, etc) in the Arkansas Valley as pertains to return flow to the river.  Suggesting that it may set a precedence for other areas.  RRWCD's attorney assured us that would only deal with the Arkansas Valley as those conservation measures are included in their interstate compact, he has worked for the state of Colorado for a number of years on the Arkansas Valley compact. 

They also talked about their trip to Washington DC and information learned.  If the  Farm Bill passes by 3-15-08 otherwise they will extend current bill or revert to 1949.  If a new bill is not passed there will be no new Conservation Reserve Enhancement Program (CREP) or Environmental Quality Incentives Program (EQIP) sign ups for voluntary well curtailment.  All of the congressmen they talked to were aware of the Republican River issue and stressed conservation.  CAPA asked if they had looked into advocating for when a new Conservation Security Program (CSP) is available in Colorado if they are planning on advocating that the Republican River Basin is the watershed that receives funding in Colorado.  They said that they will do some more checking into the program but their initial reaction was positive. 

CAPA and RRWCD plan to work together on the Water Projects Bill and some other issues that may arise in the future. 

The Following Graph was prepared by RRWCD's Engineer Jim Slattery