County, Features

Water court trial for Wolf Creek project starts Jan. 4

This map shows the potential locations of the proposed White River storage project, also known as the Wolf Creek project, on the White River between Rangely and Meeker. State engineers oppose the project, saying the applicants have not proven a need for the water.
COLORADO DIVISION OF WATER RESOURCES PHOTO

RBC | As its trial date in water court approaches, hundreds of pages of depositions obtained by Aspen Journalism reveal state engineers’ sticking points regarding a proposed reservoir project they oppose in northwest Colorado.

Over a few days in November, state attorneys subpoenaed and interviewed several expert witnesses and the Rio Blanco Water Conservancy District manager in the White River storage-project case, also known as the Wolf Creek project. Their questions centered on the town of Rangely’s water needs and on whether water is needed for irrigation.

The documents, obtained through a Colorado Open Records Act request, also underscore the extent to which fear of a compact call is shaping this proposed dam and reservoir project between Meeker and Rangely.

The Rangely-based Rio Blanco Water Conservancy District is applying for a conditional water-storage right to build a 66,720-acre-foot, off-channel reservoir using water from the White River to be stored in the Wolf Creek drainage, behind a dam 110 feet tall and 3,800 feet long. It would involve pumping water uphill from the river into the reservoir.

There also is an option for a 72,720-acre-foot on-channel reservoir, although this scale of project is now rare in Colorado. Rio Blanco has said they prefer the off-channel option.

For more than five years, top state water engineers have repeatedly said the project is speculative because Rio Blanco has not proven a need for water above its current supply.

Despite Rio Blanco reducing its claim for water by more than 23,000 acre-feet from its initial proposal of 90,000 acre-feet, state engineers still say the water-right application should be denied in its entirety. After failing to reach a settlement, the case is scheduled for a 10-day trial in January. Division 6 Engineer Erin Light and top state engineers Kevin Rein and Tracy Kosloff are the sole opposers in this case.

Rio Blanco already operates Kenney Reservoir, just east of Rangely on the White River. But it is silting in at an average of 300 acre-feet per year and is nearing the end of its useful life, according to court documents.

Kenney Reservoir east of Rangely | | HEATHER SACKETT / ASPEN JOURNALISM PHOTO

Irrigation needs?

A main point of contention between Rio Blanco and state engineers is whether there will be an increased need for irrigation water in the future. Rio Blanco claims it needs 7,000 acre-feet per year for irrigation.

During the depositions, state attorneys questioned Rio Blanco manager Alden Vanden Brink about the need for irrigation water. He claimed there is a local boom in agriculture and that there is high-value farmland that is not being irrigated simply because of a lack of water. Vanden Brink said happiness for residents on the lower White River will increase with access to irrigation water from the proposed reservoir, adding that if irrigation water is made available, demand for it will increase.

“It will make water available in the lower White River so that people can increase their quality of life and have a garden, you can have a few pigs,” Vanden Brink’s deposition reads. “It’s just going to be improvement all the way around.”

But details were sketchy on what specific lands would be irrigated and the district’s plan to get water from the reservoir to irrigators. State engineers, in a subsequent trial brief, say that just because there are lands that might benefit from irrigation doesn’t mean there will be future increased demand. If you build it, they won’t necessarily come.

“Instead, the premise that there will be a demand for water if the water right is granted is exactly the sort of ‘self-fulfilling prophecy of growth’ prohibited under Colorado’s anti-speculation doctrine,” the state’s trial brief reads.

Engineers also say Rio Blanco has not identified how the reservoir, situated low in the White River basin, would serve the majority of irrigated acres located upstream.

“For instance, Rio Blanco has not identified any pipeline construction or other water project works that could run water up to these other locations,” the state trial brief reads.

Rangely’s water needs

Rio Blanco and the state also disagree about the amount of water needed for Rangely, a high-desert town of about 2,300 people near the Utah border. Rangely takes its municipal water from the White River.

In their depositions, Vanden Brink and Gary Thompson, an expert witness and engineer with W.W. Wheeler and Associates, refer to “cow water” as the source of Rangely’s water issues.

According to Vanden Brink, who also is the town’s former utilities supervisor, when flows in the White River drop to around 100 cubic feet per second, water quality becomes impaired. That can include increased algae growth, decreased dissolved oxygen, increased alkalinity and increased mineral contaminants, which require more treatment, he said.

“If you want to look at that water and how you can take that water and make it potable, forgive me, but it looks worse than cow water,” Vanden Brink said in his deposition. “I know if I was a cow, I wouldn’t want to drink it. It’s pretty degraded; it’s pretty muddy, it’s bubbly, it’s gross. And there’s a reason Rangely’s got the extensive treatment that it does.”

In an April letter to Rio Blanco, Town Manager Lisa Piering and Utilities Director Don Reed said Rangely would commit to contract for at least 2,000 acre-feet of storage for municipal use after the reservoir is built. According to expert reports, Rangely’s current demands are 784 acre-feet per year.

Project proponents say that increased flows from reservoir releases will dilute contaminants and improve water quality at the town’s intake.

But this argument doesn’t work for state engineers, who say that the water Rio Blanco says Rangely needs is not based on projected population growth and that Rio Blanco has not analyzed whether the town’s existing water supplies would be sufficient to meet future demands.

“Rio Blanco at trial may attempt to offer evidence regarding needs based on water quality, but Rio Blanco has not disclosed any evidence quantifying the amount of water Rangely would need for that purpose,” the trial brief reads.

One option for the White River storage project would be an off-channel dam and reservoir at this location between Meeker and Rangely. The Rio Blanco Water Conservancy District and Colorado’s top water engineers will hash out their arguments for and against the reservoir project in water court next month. | HEATHER SACKETT / ASPEN JOURNALISM PHOTO

Colorado River Compact influence

Depositions and water court documents reveal how water managers’ and experts’ fear — and expectation — of a compact call could influence the project proposal.

According to the 1922 Colorado River Compact, the upper-basin states (Colorado, Utah, New Mexico and Wyoming) must deliver 7.5 million acre-feet a year to Lake Powell for use by the lower-basin states (Arizona, California and Nevada). If the upper basin doesn’t make this delivery, the lower basin can “call” for its water, triggering involuntary cutbacks in water use for the upper basin.

Water managers and policymakers admit that no one knows how it would play out just yet, but risk of this hypothetical scenario becoming reality is increasing as drought and rising temperatures — both fueled by climate change — decrease flows into Lake Powell.

Water managers are especially worried that those with junior water rights, meaning those later than 1922, will be the first to be curtailed. Senior water rights that existed prior to the compact are generally thought to be exempt from compact curtailment.

Many water users in the White River basin, including the towns of Rangely and Meeker, have water rights that are junior to the compact, meaning the users could bear the brunt of involuntary cutbacks in the event of a compact call.

Rio Blanco is proposing that 11,887 acre-feet per year be stored as “augmentation,” or insurance, in case of a compact call. Releasing this replacement water stored in the proposed reservoir to meet these compact obligations would allow other water uses in the district to continue and avoid the mandatory cutbacks in the event of a compact call.

According to Rio Blanco’s trial brief, “there is significant risk of a compact curtailment in the next 25 years that could negatively impact 45% of the water used in the district.”

In his deposition in response to questions from Rio Blanco attorney Alan E. Curtis, Thompson said drought scenarios will get worse in the future, the White River will be more strictly administered and a compact call is likely to occur.

“Things are — in my opinion — drought conditions are increasingly pervasive,” he said.

But state engineers say that augmentation use in the event of a compact call is not a beneficial use under Colorado water law and is inherently speculative. Compact compliance and curtailment are issues to be sorted out by the Upper Colorado River Commission and the state engineer, not individual water users or conservancy districts, they say. The state of Colorado is currently exploring a concept called demand management, which could pay water users to use less water in an effort to boost levels in Lake Powell.

According to their trial brief, state engineers say that while the desire to plan for compact administration is understandable, “the significant uncertainties involved in future compliance under the Colorado River Compact mean that Rio Blanco cannot show a specific plan to control a specific quantity of water for augmentation in the event of compact curtailment.”

The trial is scheduled to begin Jan. 4 in Routt County District Court in Steamboat Springs. Among the witnesses that Rio Blanco plans to call are Colorado River Water Conservation District Manager Andy Mueller, Colorado Water Conservation Board Chief Operating Officer Anna Mauss and Rio Blanco County Commissioner Gary Moyer.

Aspen Journalism is an independent, nonprofit news organization. See aspenjournalism.org for more.


By HEATHER SACKETT – Aspen Journalism

Comments are closed.

Come say hi!

@ht.1885
  • It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
  • Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line.  The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale.
Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch.  See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
  • Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
  • Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
  • Choose-your-own-adventure…. Hear from our Editor in this week’s edition and online at ht1885.com.
  • A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
  • Black Sulphur Tavern held a grand opening and ribbon cutting for their new business at 364 Seventh St. The space has been renovated with several TVs and games and provides a fun, friendly atmosphere to watch your favorite sports team and enjoy a burger and wings. Owners Frank Maestas and Pat Maestas are pictured with their new staff and Chamber of Commerce representatives Stephanie Hanson, Trudy Burri and Margie Joy. Follow Black Sulphur Tavern on Facebook. Their hours are Wednesday and Thursday 3-9 p.m., Friday 3 p.m. - 1 a.m., Saturday 11-1 a.m., Sunday 11 a.m. to midnight.
  • The winning teams and individuals for the 18th annual White River Community Association Buy-Fly Fishing Tournament are as follows. Individual top weight catch was Dave Metrovich and longest fish was Kevin Massey. First place team won by Rio Blanco Abstract: Erik Eckman, Adam Parrett, Dave Metrovich and Wayne Kirkpatrick. Second place team was Drake Consulting: Travis Kaiser, John Douglas, Tony Bartolomucci and Bob Brandeberry. Third place team Mr. Rogers and the Hood (accepted by Doug Rogers) Gary Rogers, Mark Beauchamp, Kyle Schutte and Rick Gunter. The white fish have been frozen and will be served at the annual White River Community Association fish fry fundraiser in June.
  • Cowboy Carson Klinzmann on the mound for Meeker at Suplizio Field in Grand Junction last Saturday. Meeker took on the 4A Rifle Bears, losing 11-1, and the Basalt Longhorns, losing 7-3. Read the recap online at ht1885.com.
It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
1 day ago
View on Instagram |
1/9
Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line.  The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale.
Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch.  See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line. The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale. Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch. See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
2 days ago
View on Instagram |
2/9
Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
2 days ago
View on Instagram |
3/9
Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
3 days ago
View on Instagram |
4/9
Choose-your-own-adventure…. Hear from our Editor in this week’s edition and online at ht1885.com.
Choose-your-own-adventure…. Hear from our Editor in this week’s edition and online at ht1885.com.
4 days ago
View on Instagram |
5/9
A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
4 days ago
View on Instagram |
6/9
Black Sulphur Tavern held a grand opening and ribbon cutting for their new business at 364 Seventh St. The space has been renovated with several TVs and games and provides a fun, friendly atmosphere to watch your favorite sports team and enjoy a burger and wings. Owners Frank Maestas and Pat Maestas are pictured with their new staff and Chamber of Commerce representatives Stephanie Hanson, Trudy Burri and Margie Joy. Follow Black Sulphur Tavern on Facebook. Their hours are Wednesday and Thursday 3-9 p.m., Friday 3 p.m. - 1 a.m., Saturday 11-1 a.m., Sunday 11 a.m. to midnight.
Black Sulphur Tavern held a grand opening and ribbon cutting for their new business at 364 Seventh St. The space has been renovated with several TVs and games and provides a fun, friendly atmosphere to watch your favorite sports team and enjoy a burger and wings. Owners Frank Maestas and Pat Maestas are pictured with their new staff and Chamber of Commerce representatives Stephanie Hanson, Trudy Burri and Margie Joy. Follow Black Sulphur Tavern on Facebook. Their hours are Wednesday and Thursday 3-9 p.m., Friday 3 p.m. - 1 a.m., Saturday 11-1 a.m., Sunday 11 a.m. to midnight.
5 days ago
View on Instagram |
7/9
The winning teams and individuals for the 18th annual White River Community Association Buy-Fly Fishing Tournament are as follows. Individual top weight catch was Dave Metrovich and longest fish was Kevin Massey. First place team won by Rio Blanco Abstract: Erik Eckman, Adam Parrett, Dave Metrovich and Wayne Kirkpatrick. Second place team was Drake Consulting: Travis Kaiser, John Douglas, Tony Bartolomucci and Bob Brandeberry. Third place team Mr. Rogers and the Hood (accepted by Doug Rogers) Gary Rogers, Mark Beauchamp, Kyle Schutte and Rick Gunter. The white fish have been frozen and will be served at the annual White River Community Association fish fry fundraiser in June.
The winning teams and individuals for the 18th annual White River Community Association Buy-Fly Fishing Tournament are as follows. Individual top weight catch was Dave Metrovich and longest fish was Kevin Massey. First place team won by Rio Blanco Abstract: Erik Eckman, Adam Parrett, Dave Metrovich and Wayne Kirkpatrick. Second place team was Drake Consulting: Travis Kaiser, John Douglas, Tony Bartolomucci and Bob Brandeberry. Third place team Mr. Rogers and the Hood (accepted by Doug Rogers) Gary Rogers, Mark Beauchamp, Kyle Schutte and Rick Gunter. The white fish have been frozen and will be served at the annual White River Community Association fish fry fundraiser in June.
5 days ago
View on Instagram |
8/9
Cowboy Carson Klinzmann on the mound for Meeker at Suplizio Field in Grand Junction last Saturday. Meeker took on the 4A Rifle Bears, losing 11-1, and the Basalt Longhorns, losing 7-3. Read the recap online at ht1885.com.
Cowboy Carson Klinzmann on the mound for Meeker at Suplizio Field in Grand Junction last Saturday. Meeker took on the 4A Rifle Bears, losing 11-1, and the Basalt Longhorns, losing 7-3. Read the recap online at ht1885.com.
6 days ago
View on Instagram |
9/9

Thank you, advertisers!