{"id":2445211,"date":"2019-06-11T21:00:00","date_gmt":"2019-06-12T03:00:00","guid":{"rendered":"https:\/\/www.aspentimes.com\/?p=307723"},"modified":"2019-06-11T21:00:00","modified_gmt":"2019-06-12T03:00:00","slug":"possibility-of-city-dams-on-castle-and-maroon-creeks-eliminated","status":"publish","type":"post","link":"https:\/\/alwaysmountaintime.com\/kspn\/local-news\/possibility-of-city-dams-on-castle-and-maroon-creeks-eliminated\/","title":{"rendered":"Possibility of city dams on Castle and Maroon creeks eliminated"},"content":{"rendered":"
\n
<\/div>\n<\/figure>\n

When Div. 5 Water Court Judge James Boyd issued a final water-rights decree at 7:23 a.m. Tuesday in the Maroon Creek Reservoir case, he removed the prospect of the city of Aspen ever building a 155-foot-tall dam on Maroon Creek or a 170-foot-tall dam on Castle Creek below Ashcroft.<\/p>\n

Although the city had reached agreement in October with 10 opposing parties in two water-court cases over the city\u2019s conditional water rights, the agreements were not in effect until the court\u2019s decree was issued in the Maroon Creek Reservoir case.<\/p>\n

So now they are.<\/p>\n

\u201cIt means the city will not build reservoirs at Maroon or Castle,\u201d said Margaret Medellin, a utilities-portfolio manager for the city. \u201cThe decree was the last piece we needed to finalize all our negotiations. So until that was in place, Maroon Creek Reservoir was still a possibility.\u201d<\/p>\n

The city first filed for the conditional water rights to the two potential reservoirs in 1965, and the decreed rights carry a priority date of 1971.<\/p>\n

The Maroon Creek Reservoir would have held 4,567 acre-feet of water just below the confluence of West Maroon and East Maroon creeks, in a pristine location in view of the Maroon Bells. The reservoir would have flooded 85 acres of U.S. Forest Service land, including some in the Maroon Bells-Snowmass Wilderness.<\/p>\n

The Castle Creek Reservoir would have held 9,067 acre-feet of water behind a dam on the creek two miles below Ashcroft. The reservoir would have flooded 120 acres on both private and USFS lands, including a small area in the wilderness.<\/p>\n

Since first claiming the rights, the city periodically filed little-noticed diligence applications to maintain them. Outside of the diligence filings, however, the city did not take any active steps to develop the two dams, although they were mentioned in various city water-planning documents over the decades.<\/p>\n

But the city\u2019s last diligence filing, in October 2016, brought statements of opposition from 10 parties: the USFS, Pitkin County, American Rivers, Western Resource Advocates, Trout Unlimited, Wilderness Workshop and four private-property owners \u2014 two who owned land in the Maroon Creek valley and two who own land in the Castle Creek valley.<\/p>\n

During the resulting water-court process, the city reached a deal with the opposing parties, agreeing to try and move the conditional water-storage rights out of the two pristine valleys to five identified locations in the Roaring Fork River valley.<\/p>\n

The locations are the city golf course; the Maroon Creek Club golf course; the city\u2019s Cozy Point open space; the Woody Creek gravel pit; and a 63-acre parcel of land next to the gravel pit, which the city bought in 2018.<\/p>\n

\u201cWe worked a long time, and all the parties involved really were thoughtful and creative in trying to come up with a solution that the city got the storage that they desperately need, and we protect our environment,\u201d Medellin said. \u201cSo I think it\u2019s a real success story.\u201d<\/p>\n

The city now plans to hire consultants to help it prepare an \u201cintegrated water-resource plan,\u201d which it has not done since 1990, and then to file two \u201cchange cases\u201d in water court seeking to modify the rights, which remain in place, with significant restrictions, for another six years.<\/p>\n

All of the parties who settled with the city have agreed not to oppose the city in its upcoming change cases, which must be filed by June 2025, but other parties may do so.<\/p>\n

Whatever the outcome of the city\u2019s future efforts in water court, the agreement in the Maroon Creek case says, \u201cAspen agrees that after final entry of the final decree, it will not seek to retain any portion of the Maroon Creek Reservoir storage right at its original location.\u201d Agreements in the Castle Creek case have similar language.<\/p>\n

Paul Noto, a water attorney with the Aspen-based law firm of Patrick, Miller, Noto, represented American Rivers and Trout Unlimited in the cases, as well as Roaring Fork Land and Cattle Co., a property owner in Maroon Creek.<\/p>\n

Noto said he was pleased with the outcome of the water-court process.<\/p>\n

\u201cFor American Rivers and Trout Unlimited, it\u2019s a really good outcome because you had the specter of dams being constructed near the base of the Maroon Bells and that specter has been removed from the table,\u201d Noto said. \u201cWe could argue about how likely that was going to be. It was very unlikely, perhaps impossible. But, regardless, that is completely off the table now. And I think that it was commendable that Aspen agreed to that.\u201d<\/p>\n

Medellin, however, said climate change means the reservoirs were becoming more likely, not less.<\/p>\n

\u201cObviously, no one had a big appetite for it because we value our watersheds and the city was trying everything it could to avoid that eventuality,\u201d Medellin said. \u201cBut when we look at what climate change is doing in our valley and in our world, there was going to be a future that we wouldn\u2019t have been able to operate without that.\u201d<\/p>\n

She also said the city made a big concession in walking away from the two reservoirs, as they would have stored water above the city\u2019s diversion structures on lower Castle and Maroon creeks.<\/p>\n

\u201cWhat we traded was the benefits of having a gravity-fed system with protecting those valleys,\u201d Medellin said. \u201cAnd that was a trade-off that we all felt was appropriate. But we know that by not having a gravity-fed system, it\u2019s going take some creativity and potentially a pipeline.\u201d<\/p>\n

It\u2019s an open question for some whether the really city needs as much as 8,500 acre-feet of stored water to meet its future needs.<\/p>\n

A study done for the city by Headwaters Corp. concluded that the city would need 8,500 acre-feet in a much drier future, but that\u2019s including all of the city\u2019s current municipal indoor and outdoor needs, its current irrigation levels on the two golf courses that use city water, and enough water to keep Castle and Maroon creeks above a minimum flow level.<\/p>\n

\u201cI understand their desire to plan on the high side,\u201d Noto said. \u201cBut I don\u2019t think they proved it and I don\u2019t think they needed to. It was just basically a number that came from horse trading.\u201d<\/p>\n

Noto also says it is possible the upcoming water-court process may end up reducing the city\u2019s claim.<\/p>\n

\u201cIt\u2019s too soon to say if they will take a haircut,\u201d Noto said. \u201cWe have to wait and see what the proposal is. I don\u2019t think the city has identified their fill sources and points of diversion, and that\u2019s where the rubber meets the road in terms of the effect on nearby water rights.\u201d<\/p>\n

Medellin said she expects the city to now engage with the community in a transparent discussion about the city\u2019s future water needs.<\/p>\n

\u201cPeople have probably lost interest in it to a certain extent, but I think now \u2014 as we move into the next phase of the project, where we talk about where are we going to store the water \u2014 I imagine that the community is going to get re-engaged,\u201d she said.<\/p>\n

Aspen Journalism covers water and rivers in collaboration with The Aspen Times. More at http:\/\/www.aspenjournalism.org<\/a>.<\/p>\n

via:: The Aspen Times<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

When Div. 5 Water Court Judge James Boyd issued a final water-rights decree at 7:23 a.m. Tuesday in the Maroon Creek Reservoir case, he removed the prospect of the city of Aspen ever building a 155-foot-tall dam on Maroon Creek or a 170-foot-tall dam on Castle Creek below Ashcroft. Although the city had reached agreement […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[49],"tags":[],"class_list":{"0":"post-2445211","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-local-news"},"acf":[],"publishpress_future_action":{"enabled":false,"date":"2026-06-19 13:51:12","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"distributor_meta":false,"distributor_terms":false,"distributor_media":false,"distributor_original_site_name":"KSPN The Valley's Quality Rock","distributor_original_site_url":"https:\/\/alwaysmountaintime.com\/kspn","push-errors":false,"_links":{"self":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts\/2445211","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/comments?post=2445211"}],"version-history":[{"count":0,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts\/2445211\/revisions"}],"wp:attachment":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/media?parent=2445211"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/categories?post=2445211"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/tags?post=2445211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}