15d_Directors Report

• Board Meeting Date: 7/21/2009
• Description: Directors' Report - CWCB Director
• Board Meetings - Doc Type: Memo

District managed the 2009 McPhee Reservoir spill. For more information on the DRD and the Dolores
Group, visit the website at : http://ocs.fortlewis.edu/drd/default.asp . (Linda Bassi)
TACOMA POWER PLANT RELICENSING UPDATE –
The Public Service Company of
Colorado d/b/a Xcel Energy is in the process of relicensing its Tacoma Hydroelectric Project with FERC.
The Tacoma Project is located on Cascade Creek and the Animas Ri ver just north of Durango. Xcel owns
the water rights to divert the flows of Cascade Creek into a conduit that delivers those flows to the Little
Cascade Creek watershed, and then into Electra Lake. From Electra Lake, the water is diverted into a
penstoc k to the Tacoma Powerhouse in the Animas River canyon. The relicensing process, which started
in July 2004, is scheduled for completion in February 2010.
As reported in May 2009, the Administrative Law Judge issued a decision that favored the USFS on th e
majority of the issues after holding a trial - type hearing on factual issues related to preliminary conditions
on the license, including the imposition of a bypass flow.
Since that date, PSCo and the USFS have resumed negotiations with participation of the DNR, CWCB
staff and CDOW. Under the FERC relicensing schedule, the USFS is required to submit final mandatory
(4)(e) conditions by July 27, 2009. Negotiations can continue past that date and the USFS can submit
new (4)(e) conditions if the parties re ach settlement.
Currently, the proposal on the table is a combination of mitigation on both Cascade Creek and the Dolores
River below McPhee Reservoir. PSCo would provide funds to the Dolores River Water/Habitat Fund and
also would provide flows to Casc ade Creek in the bypass reach in an amount less than the amount
currently specified in the USFS (4)(e) conditions. PSCo would provide that water via the ISF Program
under a long - term lease agreement.
At the January CWCB meeting, the Board authorized th e CWCB Director to execute the Final Settlement
Agreement if and when, in her discretion, the outstanding issues have been resolved in a manner
acceptable to the CWCB. CWCB staff will continue to participate in negotiations and work toward
finalizing the Agreement. (Linda Bassi)
RIVER PROTECTION WORKGROUP (RPW) DRAFTING COMMITTEE -
The River
Protection Workgroup (“RPW”) Drafting Committee has made some progress towards developing
alternatives for consideration by the Workgroup and the Steering Committee. The RPW continues to
meet on the first Tuesday of each month, and they are hoping to develop a consensus approach for
submission to the San Juan Public Lands Center within the next several months. (Ted Kowalski)
STREAM AND LAKE PROTECTION SECTION MEETING WITH MONTROSE
COUNTY –
On May 27, 2009, Staff gave a presentation on the ISF Program to the Montrose County
Commissioners at a public meeting in Montrose. The presentation focused on the new appropriation
process and 2009 ISF recommendations on streams in Montrose County that staff may bring to the Board
for appropriation in January 2010. Dan Merriman of Harris Engineering provided an overview of the
Umetco water rights that will be conveyed to the CWCB and a recommendation from the Southwestern
Water Con servation District that some of the water be abandoned to the stream, with the remaining rights
transferred to local governmental entities such as the towns of Nucla and Naturita, and Montrose
15
CWCB Director’s Report – July 21 - 22, 2009 – Crested Butte, CO