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Weekly water roundup: Election wrapup, Patent troll goes after Aurora, New factory farm rules

November 9, 10:16 AMColorado Water ExaminerJohn Orr
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Graphic: Coyote Gulch archives

Here's a look back at the week in Colorado water:

Amendment 52

Amendment 52 was rejected by voters on Tuesday. The amendment would have designated a portion of the state severance tax on oil and gas to unspecified highway construction projects. The funds however would be moved from water projects. 52 would also have enshrined another revenue issue into the state constitution.

Central Colorado Water Conservancy District ballot issues 4A and 4B

Voters rejected the Central Colorado Water Conservancy District's attempt to de-Bruce their operations on Tuesday. The ballot issues would have allowed the district to keep revenues in excess of operating expenses for both their general operations and their groundwater management sub-district.

Pitkin County Health Rivers and Streams Fund

Last week voters in Pitkin County approved Referendum 1A which raises sales tax in the county one cent on a $100 sale. The extra dough will be used to acquire water rights for streamflow augmentation.

In other Pitkin County news the city of Aspen is now leveling a $500 fine for people that release industrial chemicals such as anti-freeze into the sanitary sewer system. Aspen's wastewater plant does not employ the technology necessary to deal with industrial pollutants. The net effect is that the chemicals travel through the plant directly into surface water. The chemicals can also kill the bacteria the plant uses in the process of treating wastewater.

Yuma County Water Authority Public Improvement District okayed by voters

Voters in Yuma County approved the Yuma County Water Authority Public Improvement District last week. They're now in hock for $27 million or so but will not have to shutdown their wells. Things were up in the air under the cloud of the lawsuit filed on behalf of the Pioneer Ditch and Laird Ditch shareholders.

Yuma County waters up Colorado's largest corn crop every year using water from the Ogallala Aquifer.

Groundwater sub-district trial in second week

The trial about the management plan for the Rio Grande Water Conservation District's groundwater management sub-district #1 plan is two weeks old now. "I do see the plan and procedures as workable," state witness Mike Sullivan said, according to the Valley Courier.

At issue is harm to surface irrigators from those sprinkling with groundwater. The plan is a first step in drying up 40,000 acres of irrigated farmland in the San Luis Valley.

Peru Creek cleanup

There was a flurry of activity up in the Peru Creek Basin at the end of the summer. EPA researchers were drawing samples, drawing maps and in general trying to get a picture of the problems caused by the Pennsylvania Mine. They're hoping to restore the Snake River trout habitat. Officials don't believe that anyone will see a sustainable Cutthroat population again but Rainbows may work out.

Patent troll goes after Aurora

Last week we learned that patent troll -- PS Systems, Inc. -- is trying to strong arm Aurora for for $100 million or so in royalties owing to a patent claim about the technology the city is using in their Prairie Waters Project. The company claims that the project uses the patented process PS Systems demonstrated to Aurora authorities. My feeling is that there will be prior art found rather easily. The U.S. Patent and Trade Office has granted many questionable patents of late. It's almost like they want the court system to do their research.

President Bush's parting shot to the Clean Water Act

President Bush's EPA is proposing to let factory farms regulate themselves. From a press release from the Natural Resources Defense Council:

The new rule:

* Creates a loophole allowing facility operators to avoid permits by claiming they won't have a discharge.

* Adopts a scheme that allows facilities to avoid certain environmental enforcement. For instance, if an operator certifies that the facility won't have a discharge, environmental authorities will ignore enforcement action, even if the facility discharges to the nation's waters.

* Rejects improvements in technology that would reduce harmful bacteria and other pathogens contained in animal waste, missing an opportunity to prevent water pollution and threats to public health.

The NRDC rates the action as a, "Load of manure."

I follow Colorado water issues at Coyote Gulch.

 

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