WESTCAS 2018 Annual Conference Phoenix AZ October 22
WESTCAS 2018 Annual Conference Phoenix, AZ, October 22 -24, 2018 Colorado State Report by Scott Miller, Esq. miller@waterlaw. com
Planned Reservoir Expansion Challenged on CWA grounds • Audubon Society of Denver v US Army Corps • Colo Dept Nat Res, CWCB and Water Dists in middle of $180 M plan to expand Chatfield Reservoir by 587 acres • Case in 10 th Circuit on appeal • Question: – Is Corps required to conduct CWA review over the entire project?
Western Slope Risk Study • Two western slope water districts continuing third phase of study without state money • Front range opposing because they want to be included in the study • Questions for Phase III: – 1) if water is restricted 10%, is that enough to keep Powell full and still fulfill Compact? – 2) if so, how much cutback from each basin?
Colorado River District manifesto • GM Andy Mueller outlined six principles to reduce Upper Basin use: • 1) key is voluntary, compensated demand management programs • 2) Not subject to interim guidelines • 3) Must be voluntary, temporary, and compensated and equal to CO, WY, & UT • 4) No injury • 5) No disproportionate impact to any CO basin • 6) Be consistent with 2015 CO Water Plan
Colorado Water Quality Control Commission Reg 82 • Governs federal 401 certifications, but has not been updated since 2003 • Proposed changes: – Specify that potential impacts must be addressed during both construction and operation (long term and permanent) – Expand project area to include sections of river both impacted and benefited by proposed project
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