Category: News (Older posts)

CWF, in conjunction with the National Wildlife Federation (NWF) and Wyoming Wildlife Federation (WWF), filed a Motion to Intervene in the Federal Energy Regulatory Commission (FERC)  proceeding in which Wyco Power and Water filed an application for a preliminary permit, proposing to study feasibility of the Regional Watershed Supply Project proposed by Ft. Collins businessman Aaron Million.  CWF,  NWF and WWY urge FERC to reject Wyco Power and Water’s request for a preliminary permit.

According to a prior 2009 permit application to the Army Corps of Engineers, the proposed Regional Water Supply Project would withdraw approximately 81 billion gallons, or 250,000 acre-feet of water from the Green River and Flaming Gorge Reservoir for transfer across approximately 550 miles of pipeline through Wyoming and Colorado.  The application states that the intended use of this water includes municipal, agricultural and hydropower use.  This week an article appeared in the Denver Post stating that Mr. Million also envisions use of the water for fracking.

The Green River and the Flaming Gorge Reservoir are important  recreational destinations for boating, fishing, camping and other uses.  The Green River also supports numerous threatened or endangered fish species, species of conservation concern, and wetland and riparian habitats.  The public lands in the vicinity of the Flaming Gorge Reservoir also provide important wildlife habitat and recreational opportunity.

Based on the available information, it appears that the proposed Regional Water Supply Project would have significant adverse impacts to aquatic and terrestrial habitats and wildlife — resulting not only from water diversion and storage, but also from road construction, powerline development and other associated habitat disturbance.

 

The Colorado River District also has filed a motion to intervene in the proceeding.  Its motion states, ” The volume of water at issue would adversely impact existing users of Colorado’s entitlement to the waters of the Colorado River, and could usurp the remainder of the state’s compact allocation.”

At its December meeting (12/8-9) the Colorado Parks and Wildlife Commission settled on its final recommendations on Legislative Declaration, Agency Mission and Commission Composition:

 Recommended Legislative Declaration —

The Commission recommends that the statute include the following legislative declaration:

It is the policy of the state of Colorado that the wildlife, natural, scenic, and scientific resources of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors.  It is further declared to be the policy of this state that there shall be provided a comprehensive program designed to offer the greatest possible variety of recreational opportunity to the people of this state and its visitors and that, to carry out such program and policy, there shall be a continuous operation of planning, acquisition, development and management of wildlife habitats, state parks, outdoor recreation lands, trails, waters, and facilities, and that both education and outreach activities will be designed to promote natural resource stewardship.

Agency Mission

The Commission recommends the following mission statement be adopted to guide the agency in its future operations:

The mission of the Division of Parks and Wildlife is to perpetuate the wildlife resources of the state, to provide a quality state park system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado’s natural resources.

 

Commission Composition

The Commission recommends that the statute include a preamble stating that the Parks and Wildlife Commission is established to serve the citizens of Colorado and articulating desired characteristics that a Governor should consider in selecting members, such as areas of particular knowledge and expertise (e.g. business, science), areas of experience (e.g. service on other boards and or commissions, public-sector management), demonstrated leadership, or frequent use of resources managed by Colorado Parks and Wildlife.  Such characteristics would help ensure that the Commission has the ability to respond to the changing needs of the agency.

The Commission recommends that the statute set out a Commission with 11 voting members and 2 ex-officio members, comprised of the following members.  This  composition is consistent with recommendations CWF made to the Commission in September.  The next step is for Rep. Sonnenberg and Sen. Schwartz to introduce legislation.  WE are hopeful that the legislation reflects the Commission’s recommendation:

— 2 voting members who are agricultural landowners or producers:

—– 1 member with experience in livestock production.

—– 1 member with experience in crop production.

— 2 voting members who are sportsmen or sportswomen who have purchased or applied for a hunting or fishing license for each of the previous three years or who can demonstrate reasonable knowledge of wildlife issues, wildlife habitat, and wildlife management, and/or the Commission’s duties, procedures, policies, authority, and past decisions.

— 2 voting members with experience in outdoor recreation who can demonstrate reasonable knowledge of parks and outdoor recreation resources and management, and/or the Commission’s duties, procedures, policies, authority, and past decisions.

–1 voting member who is a county commissioner.

–1 voting member whois a member of a nonprofit organization that supports and promotes the conservation and enhancement of Colorado’s wildlife and its habitat, that recognizes and promotes primarily non-consumptive wildlife use, and that has expertise in wildlife issues, wildlife habitat, or wildlife management.

–3 voting at-large members.

–2 non-voting, ex officio members:

—–Executive Director, Dept. of Natural Resources

—–Commissioner, Dept. of Agriculture

The statute should provide that at least one Commissioner (but no more than 3) must be from each of the five districts set out for the former Wildlife Commission (see 33-9-101(1)(c)), and that no more than six of the members may be from the same political party.  Both of these provisions would include at-large members, but not ex-officio members.

At its December meeting (12/8-9) the Colorado Parks and Wildlife Commission settled on its final recommendations on Legislative Declaration, Agency Mission and Commission Composition:

 Recommended Legislative Declaration —

The Commission recommends that the statute include the following legislative declaration:

It is the policy of the state of Colorado that the wildlife, natural, scenic, and scientific resources of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors.  It is further declared to be the policy of this state that there shall be provided a comprehensive program designed to offer the greatest possible variety of recreational opportunity to the people of this state and its visitors and that, to carry out such program and policy, there shall be a continuous operation of planning, acquisition, development and management of wildlife habitats, state parks, outdoor recreation lands, trails, waters, and facilities, and that both education and outreach activities will be designed to promote natural resource stewardship.

Agency Mission

The Commission recommends the following mission statement be adopted to guide the agency in its future operations:

The mission of the Division of Parks and Wildlife is to perpetuate the wildlife resources of the state, to provide a quality state park system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado’s natural resources.

 

Commission Composition

The Commission recommends that the statute include a preamble stating that the Parks and Wildlife Commission is established to serve the citizens of Colorado and articulating desired characteristics that a Governor should consider in selecting members, such as areas of particular knowledge and expertise (e.g. business, science), areas of experience (e.g. service on other boards and or commissions, public-sector management), demonstrated leadership, or frequent use of resources managed by Colorado Parks and Wildlife.  Such characteristics would help ensure that the Commission has the ability to respond to the changing needs of the agency.

The Commission recommends that the statute set out a Commission with 11 voting members and 2 ex-officio members, comprised of the following members.  This  composition is consistent with recommendations CWF made to the Commission in September.  The next step is for Rep. Sonnenberg and Sen. Schwartz to introduce legislation.  WE are hopeful that the legislation reflects the Commission’s recommendation:

— 2 voting members who are agricultural landowners or producers:

—– 1 member with experience in livestock production.

—– 1 member with experience in crop production.

— 2 voting members who are sportsmen or sportswomen who have purchased or applied for a hunting or fishing license for each of the previous three years or who can demonstrate reasonable knowledge of wildlife issues, wildlife habitat, and wildlife management, and/or the Commission’s duties, procedures, policies, authority, and past decisions.

— 2 voting members with experience in outdoor recreation who can demonstrate reasonable knowledge of parks and outdoor recreation resources and management, and/or the Commission’s duties, procedures, policies, authority, and past decisions.

–1 voting member who is a county commissioner.

–1 voting member whois a member of a nonprofit organization that supports and promotes the conservation and enhancement of Colorado’s wildlife and its habitat, that recognizes and promotes primarily non-consumptive wildlife use, and that has expertise in wildlife issues, wildlife habitat, or wildlife management.

–3 voting at-large members.

–2 non-voting, ex officio members:

—–Executive Director, Dept. of Natural Resources

—–Commissioner, Dept. of Agriculture

The statute should provide that at least one Commissioner (but no more than 3) must be from each of the five districts set out for the former Wildlife Commission (see 33-9-101(1)(c)), and that no more than six of the members may be from the same political party.  Both of these provisions would include at-large members, but not ex-officio members.

Pasted below is Sen. Udall’s press release Dec.1, 2011 highlighting Forest Service findings to manage the bark beetle epidemic.

U.S. SENATOR MARK UDALL

Armed Services, Energy and Natural Resources, Intelligence and Aging Committees



December 1, 2011

Udall Highlights Forest Service Findings to Manage Bark Beetle Epidemicâ�¨Ã¢ï¿½¨

Requested Report Last Year to Fine-Tune Public Safety, Mitigation Approach

Plans Further Actions to Help Clear Colorado's Dead Forests, Rejuvenate
Forest-Management Industry

Today, Mark Udall announced the findings from a report he requested from the U.S.
Forest Service to study the bark beetle epidemic that has consumed millions of acres
of Western forests.  The report looks at the conditions that contributed to the
outbreak, the Forest Service response, ways to address it, and what to expect from
the "new forest" as it regenerates.  Udall plans to consider these results as he
develops legislation that could reauthorize important mitigation and management
tools, streamline the process to protect communities and watersheds in "insect
emergency areas," and support the forest-management industry.

"I appreciate the work done by the Rocky Mountain Region and the Rocky Mountain
Research Station in compiling this report.  As the mountain pine beetle epidemic
continues to spread across our Western forests, it's clear that we need to address
the problem more intensely and effectively.  I will continue to fight for adequate
funding for our forest-management agencies to help them protect our public safety,
natural resources and local jobs," Udall said.  "Based on the study's findings, I
will work with my colleagues in Congress to support provisions that have been shown
to help the Forest Service and other agencies protect communities and restore
watersheds in beetle-kill and wildfire-risk areas."

The report, which Udall requested last
November<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/www.scribd.com/doc/74305803/Udall-Requests-a-Bark-Beetle-Epidemic-Study-from-Secretary-Vilsack>
to identify how he can help the Forest Service better respond to this epidemic, was
presented to the Colorado Forest Health Advisory Committee yesterday.  Titled
"Review of the Forest Service Response: The Bark Beetle Outbreak in Northern
Colorado and Southern Wyoming," it can be found
HERE<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/www.fs.usda.gov/goto/bark-beetle/udallbbreport>.
 Udall will take the findings into account as he considers legislation and develops
an updated version of his 2009 bark beetle
bill<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/markudall.senate.gov/?p=blog&id=343>,
the National Forest Insect and Disease Emergency Act.  Changes that follow from the
report include emergency authority for the U.S. Forest Service to clear dead trees
for a reasonable cost, reauthorization of the Good Neighbor Authority (which allows
the Colorado State Forest Service to partner with the U.S. Forest Service on
projects that cross federal-state boundaries), and permanent reauthorization of
Stewardship Contracting Authority (which allows the USFS to trade goods for
services).  He expects to introduce a bill early in 2012.

"I'll also keep looking for creative ways to support our forest-management industry,
which is so important to rural communities.  Most recently, I've seen how timber
contract relief for our state's few remaining sawmills and getting more homebuilders
to use beetle-kill in home construction can help our state economy," Udall
continued.  "In particular, I see a promising avenue forward in the new technologies
that would create markets for beetle-killed wood.  Bark beetles might be here for
the long haul in Colorado, but we have an opportunity to mitigate the impact they
have on our forests, homes and local economy."

With the increasing need to clear forests of hazardous trees, Udall has worked on
both established and unconventional ways to address the bark beetle epidemic.  At a
Denver model home built using pine beetle-killed wood in September, Udall called on
Colorado homebuilders to use beetle-killed
trees<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/markudall.senate.gov/?p=press_release&id=1505>
in their homebuilding in order to simultaneously clear local forests and create
local jobs.  In August, he also worked with the Forest
Service<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/markudall.senate.gov/?p=press_release&id=1328>
to give struggling timber sale purchasers, including three Colorado sawmills and
several independent loggers, the option to cancel their pre-recession timber
contracts to spur Colorado's timber industry.

Below are a few highlights from the report findings:

¢ What were the conditions that led to the outbreak?  While bark beetles are a
natural part of the forest ecosystem, they are now killing trees in larger numbers,
at faster rates, over longer time periods, and over larger areas compared to past
outbreaks.  The complete picture of why this is happening remains unclear, but it
includes climate change, previous forest-management practices that had suppressed
wildfire and harvested timber selectively, and a prolonged drought that has stressed
trees and made them more vulnerable.  Forest treatments such as timber harvest and
thinning could have helped, but there was a general lack of public acceptance for
logging.  In addition, funding for thinning projects did not keep up with the pace
of the outbreak and only about 25 percent of the forests are even accessible for
most timber-management practices, due to steep slopes, lack of road access, or
special designations like wilderness.  Finally, Colorado's timber industry has
declined by 63 percent since 1986, to the point where there are fewer sawmills and
experienced forest workers in the state.

¢ What is the USFS doing about the outbreak? With only limited funds available, the
USFS has prioritized protecting human life, public infrastructure, and critical
water supplies by removing dead trees from hazardous areas.  They have also made
grants to wood companies to stimulate new technologies that would create markets for
dead trees.  The U.S. Forest Service has made good use temporary tools – such as the
Good Neighbor and Stewardship Contracting authorities – to help address the problem
and supports Congress making these authorities permanent.

¢ What is the impact of the outbreak on wildland fire and water quality and
quantity?  Research shows that the impact of pine beetle infestation on wildfire is
unclear and will vary depending on ignition sources and weather.  In addition, the
pine beetle infestation itself has no significant impact on water quantity or
quality.  However, note that catastrophic wildfire – regardless of whether it is in
green or beetle-kill forests – can cause expensive problems for Colorado water
providers as siltation from burned ground runs into streams and reservoirs.

¢ What will the "New Forest" look like?  Scientists are working hard to understand
what the forest will look like after the epidemic has run its course.  Studies
suggest that the future forest will look different based on what type of management
we decide to use now.  For example, if stands are harvested, it is likely that
lodgepole pine will return.  However, if there is no treatment the forest tends to
grow back as subalpine fir.

Please contact Tara Trujillo or Jennifer Talhelm at 202-224-4334.

Pasted below is Sen. Udall’s press release Dec.1, 2011 highlighting Forest Service findings to manage the bark beetle epidemic.

U.S. SENATOR MARK UDALL

Armed Services, Energy and Natural Resources, Intelligence and Aging Committees



December 1, 2011

Udall Highlights Forest Service Findings to Manage Bark Beetle Epidemicâ�¨Ã¢ï¿½¨

Requested Report Last Year to Fine-Tune Public Safety, Mitigation Approach

Plans Further Actions to Help Clear Colorado's Dead Forests, Rejuvenate
Forest-Management Industry

Today, Mark Udall announced the findings from a report he requested from the U.S.
Forest Service to study the bark beetle epidemic that has consumed millions of acres
of Western forests.  The report looks at the conditions that contributed to the
outbreak, the Forest Service response, ways to address it, and what to expect from
the "new forest" as it regenerates.  Udall plans to consider these results as he
develops legislation that could reauthorize important mitigation and management
tools, streamline the process to protect communities and watersheds in "insect
emergency areas," and support the forest-management industry.

"I appreciate the work done by the Rocky Mountain Region and the Rocky Mountain
Research Station in compiling this report.  As the mountain pine beetle epidemic
continues to spread across our Western forests, it's clear that we need to address
the problem more intensely and effectively.  I will continue to fight for adequate
funding for our forest-management agencies to help them protect our public safety,
natural resources and local jobs," Udall said.  "Based on the study's findings, I
will work with my colleagues in Congress to support provisions that have been shown
to help the Forest Service and other agencies protect communities and restore
watersheds in beetle-kill and wildfire-risk areas."

The report, which Udall requested last
November<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/www.scribd.com/doc/74305803/Udall-Requests-a-Bark-Beetle-Epidemic-Study-from-Secretary-Vilsack>
to identify how he can help the Forest Service better respond to this epidemic, was
presented to the Colorado Forest Health Advisory Committee yesterday.  Titled
"Review of the Forest Service Response: The Bark Beetle Outbreak in Northern
Colorado and Southern Wyoming," it can be found
HERE<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/www.fs.usda.gov/goto/bark-beetle/udallbbreport>.
 Udall will take the findings into account as he considers legislation and develops
an updated version of his 2009 bark beetle
bill<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/markudall.senate.gov/?p=blog&id=343>,
the National Forest Insect and Disease Emergency Act.  Changes that follow from the
report include emergency authority for the U.S. Forest Service to clear dead trees
for a reasonable cost, reauthorization of the Good Neighbor Authority (which allows
the Colorado State Forest Service to partner with the U.S. Forest Service on
projects that cross federal-state boundaries), and permanent reauthorization of
Stewardship Contracting Authority (which allows the USFS to trade goods for
services).  He expects to introduce a bill early in 2012.

"I'll also keep looking for creative ways to support our forest-management industry,
which is so important to rural communities.  Most recently, I've seen how timber
contract relief for our state's few remaining sawmills and getting more homebuilders
to use beetle-kill in home construction can help our state economy," Udall
continued.  "In particular, I see a promising avenue forward in the new technologies
that would create markets for beetle-killed wood.  Bark beetles might be here for
the long haul in Colorado, but we have an opportunity to mitigate the impact they
have on our forests, homes and local economy."

With the increasing need to clear forests of hazardous trees, Udall has worked on
both established and unconventional ways to address the bark beetle epidemic.  At a
Denver model home built using pine beetle-killed wood in September, Udall called on
Colorado homebuilders to use beetle-killed
trees<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/markudall.senate.gov/?p=press_release&id=1505>
in their homebuilding in order to simultaneously clear local forests and create
local jobs.  In August, he also worked with the Forest
Service<http://ct.symplicity.com/t/muv/a43358825a6041dd400ae2e1ba567ef6/1857013680/realurl=http:/markudall.senate.gov/?p=press_release&id=1328>
to give struggling timber sale purchasers, including three Colorado sawmills and
several independent loggers, the option to cancel their pre-recession timber
contracts to spur Colorado's timber industry.

Below are a few highlights from the report findings:

¢ What were the conditions that led to the outbreak?  While bark beetles are a
natural part of the forest ecosystem, they are now killing trees in larger numbers,
at faster rates, over longer time periods, and over larger areas compared to past
outbreaks.  The complete picture of why this is happening remains unclear, but it
includes climate change, previous forest-management practices that had suppressed
wildfire and harvested timber selectively, and a prolonged drought that has stressed
trees and made them more vulnerable.  Forest treatments such as timber harvest and
thinning could have helped, but there was a general lack of public acceptance for
logging.  In addition, funding for thinning projects did not keep up with the pace
of the outbreak and only about 25 percent of the forests are even accessible for
most timber-management practices, due to steep slopes, lack of road access, or
special designations like wilderness.  Finally, Colorado's timber industry has
declined by 63 percent since 1986, to the point where there are fewer sawmills and
experienced forest workers in the state.

¢ What is the USFS doing about the outbreak? With only limited funds available, the
USFS has prioritized protecting human life, public infrastructure, and critical
water supplies by removing dead trees from hazardous areas.  They have also made
grants to wood companies to stimulate new technologies that would create markets for
dead trees.  The U.S. Forest Service has made good use temporary tools – such as the
Good Neighbor and Stewardship Contracting authorities – to help address the problem
and supports Congress making these authorities permanent.

¢ What is the impact of the outbreak on wildland fire and water quality and
quantity?  Research shows that the impact of pine beetle infestation on wildfire is
unclear and will vary depending on ignition sources and weather.  In addition, the
pine beetle infestation itself has no significant impact on water quantity or
quality.  However, note that catastrophic wildfire – regardless of whether it is in
green or beetle-kill forests – can cause expensive problems for Colorado water
providers as siltation from burned ground runs into streams and reservoirs.

¢ What will the "New Forest" look like?  Scientists are working hard to understand
what the forest will look like after the epidemic has run its course.  Studies
suggest that the future forest will look different based on what type of management
we decide to use now.  For example, if stands are harvested, it is likely that
lodgepole pine will return.  However, if there is no treatment the forest tends to
grow back as subalpine fir.

Please contact Tara Trujillo or Jennifer Talhelm at 202-224-4334.

The following article was written by E&E reporter Scott Streater, November 3, 2011 in its Land Letter:

Niobrara oil boom putting Colorado big game habitat at risk, groups argueA coalition of sporting groups and environmental advocates is pressing the Bureau of

Land Management to limit oil drilling in a northwest Colorado valley that's so
biologically diverse that some have christened it the "American Serengeti."
The coalition, known as Sportsmen for Responsible Energy Development, is concerned
about protecting a remote area at the headwaters of the North Platte River called
North Park -- a pristine, glacier-carved valley amid towering mountain peaks that
also happens to sit atop the Niobrara oil formation that stretches along Colorado's
Front Range into parts of eastern Wyoming and northern New Mexico.
In a two-page letter<http://www.eenews.net/assets/2011/11/03/document_ll_01.pdf> to
BLM officials in Colorado, the coalition -- whose members range from the National
Wildlife Federation to the Colorado Bowhunters Association -- wrote that its members
"understand that energy development should and will occur. We support responsible
energy development."
image removed<http://www.eenews.net/assets/2011/11/03/map_ll_01a.png>

The Bureau of Land Management is working on a revised resource management plan for
the Kremmling Field Office covering 377,900 acres in north-central Colorado --
including the North Park valley in Jackson County -- that includes the resource-rich
Niobrara oil bed. Click image for larger version. Map courtesy of BLM.

But it urged BLM State Director Helen Hankins and Dave Stout, manager of the
agency's Kremmling Field Office in northwest Colorado, to consider implementing
protective measures like drilling setbacks from waterways and requirements to use
directional drilling and other techniques that limit the density of well pads and
reduce impacts to the wildlife habitat that makes the valley a world-class area for
big-game hunting and fishing.
"Many of the companies now developing the West's energy resources have shown they
have the knowledge and capital to use the best and newest technology to avoid and
reduce the impacts of energy development," the letter states. "Yet even with these
remarkable technological breakthroughs, the BLM must consider reducing access or
even preventing drilling, particularly in habitat critical for big game migration,
winter survival and fawning and calving areas."
Oil and gas industry officials rejected the notion that drilling in the region would
cause widespread surface disturbance and contribute to water pollution. They noted
that modern drilling techniques and practices have minimized or eliminated impacts
on valued landscapes across the West.
David Ludlum, executive director of the West Slope Colorado Oil and Gas Association
in Grand Junction, said the industry is concerned that BLM appears to be listening
to conservation advocates opposed to increased domestic energy production, and he
blamed the Obama administration.
"When you look throughout Colorado, you have a number of BLM resource management
plans [RMPs] being revised. And one of the trends we're seeing in northwest Colorado
is all of these documents are becoming more and more restrictive as far as energy
development," Ludlum said. "Creating intentional surface restrictions that takes
these resources out of play in perpetuity is extremely shortsighted."
Managing multiple uses
Indeed, the coalition's letter comes as BLM works to finalize a revised resource
management plan for the Kremmling Field Office in northwest Colorado for the first
time since 1984.
The revised RMP is expected to cover 377,900 acres of BLM-managed lands and 653,500
acres of federal mineral estate in all or part of six Colorado counties, including
Jackson County, where North Park Valley is located.
The agency released a draft
RMP<http://www.blm.gov/co/st/en/BLM_Programs/land_use_planning/rmp/kfo-gsfo/kremmling.html>
and draft environmental impact
statement<http://www.blm.gov/co/st/en/BLM_Programs/land_use_planning/rmp/kfo-gsfo/kremmling.html>
(EIS) in September, both of which are open for public review and comment through
Jan. 17. A final EIS and proposed plan are expected in the fall of 2012.
BLM's "preferred alternative" in the draft RMP/EIS is a mixture of conservation
measures and resource uses, including oil and gas drilling.
David Boyd, a BLM spokesman in Silt, Colo., said he is confident the draft plan can
be refined to meet both energy development and conservation goals.
"I think people should look at all the alternatives we've outlined in the document
because there's a pretty wide range of what's possible out there," said Boyd. "But
everything in that range of alternatives is still on the table, and what we expect
will come out of this plan will be a blend of those varying alternatives."
But the sporting groups have already decided on the proper course of action, and
they are lobbying BLM to select Alternative C in the draft plan, which places "a
priority on sustaining and restoring resources and habitats," according to the
document.
This alternative offers "serious consideration of habitat protection," said Michael
Saul, a National Wildlife Federation attorney in Boulder, Colo.
Booming industry
Meanwhile, the Niobrara formation has become the fastest-growing oil play in
Colorado and one of the new energy development hot spots in the United States.
Through mid-September, state regulators had permitted 545 horizontal wells, mostly
in Weld County at the heart of the Niobrara play, said David Neslin, director of the
Colorado Oil and Gas Conservation Commission.
Of those, only about 130 wells have actually been dug, and most are exploratory
wells, Neslin said.
In total, that's less than 20 percent of the 3,500 horizontal well permits issued
statewide, he said.
Still, the drilling activity is springing up so quickly, including around the
suburbs of the Denver metropolitan area, that some local leaders have started
raising concerns about potentially negative environmental and socioeconomic impacts
(Land Letter<http://www.eenews.net/Landletter/2011/10/27/archive/13>, Oct. 27).
Colorado counties in the path of the Niobrara have attempted to get out front of the
drilling and devise their own regulations for hydraulic fracturing -- the
controversial technique of injecting water, sand and chemicals underground at high
pressure to create fissures in tight rock formations that allow oil and gas to flow
freely to the surface.
Some of these counties are writing rules for "fracking" that go beyond what is
already required under existing regulations
(Greenwire<http://www.eenews.net/Greenwire/2011/10/31/archive/12>, Oct. 31).
Given the heightened concern, the sportsmen's group argues that BLM must be
proactive in regulating drilling to ensure the North Park valley and the surrounding
area is protected.
The region sits at the head of the North Platte River, which flows north into
Wyoming and helps maintain habitat critical for endangered species, said Barbara
Vasquez, a Walden, Colo., resident working with Trout Unlimited, the Colorado
Wildlife Federation and National Wildlife Federation to protect the region.
That's one reason why any drilling activity needs to be done in ways that protect
sensitive waterways, said Suzanne O'Neill, executive director of the Colorado
Wildlife Federation in Denver.
"Current oil and gas rules do not prevent development too close to these riparian
areas, and in fact, one drilling pad on state land is a stone's throw from the
high-water mark of a well-known tributary," she said.
Click here<http://www.eenews.net/assets/2011/11/03/document_ll_01.pdf> to read the
sportsmen's letter to BLM.
Click
here<http://www.blm.gov/co/st/en/BLM_Programs/land_use_planning/rmp/kfo-gsfo/kremmling.html>
to read the draft RMP and accompanying draft EIS.
Streater writes from Colorado Springs, Colo.
Want to read more stories like this?
Click here<http://www.eenews.net/trial/> to start a free trial to E&E -- the best
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About Land Letter
Land Letter is written and produced by the staff of E&E Publishing, LLC. For more
than 20 years, Land Letter has been the publication professionals have turned to for
objective, accurate coverage of natural resource policy issues. From lawsuits over
national forest management, to water resource allocation in the West, Land Letter is
the source all sides turn to for clear, timely, objective information. Land Letter
publishes Thursdays at 10 a.m.

The following article was written by E&E reporter Scott Streater, November 3, 2011 in its Land Letter:

Niobrara oil boom putting Colorado big game habitat at risk, groups argueA coalition of sporting groups and environmental advocates is pressing the Bureau of

Land Management to limit oil drilling in a northwest Colorado valley that's so
biologically diverse that some have christened it the "American Serengeti."
The coalition, known as Sportsmen for Responsible Energy Development, is concerned
about protecting a remote area at the headwaters of the North Platte River called
North Park -- a pristine, glacier-carved valley amid towering mountain peaks that
also happens to sit atop the Niobrara oil formation that stretches along Colorado's
Front Range into parts of eastern Wyoming and northern New Mexico.
In a two-page letter<http://www.eenews.net/assets/2011/11/03/document_ll_01.pdf> to
BLM officials in Colorado, the coalition -- whose members range from the National
Wildlife Federation to the Colorado Bowhunters Association -- wrote that its members
"understand that energy development should and will occur. We support responsible
energy development."
image removed<http://www.eenews.net/assets/2011/11/03/map_ll_01a.png>

The Bureau of Land Management is working on a revised resource management plan for
the Kremmling Field Office covering 377,900 acres in north-central Colorado --
including the North Park valley in Jackson County -- that includes the resource-rich
Niobrara oil bed. Click image for larger version. Map courtesy of BLM.

But it urged BLM State Director Helen Hankins and Dave Stout, manager of the
agency's Kremmling Field Office in northwest Colorado, to consider implementing
protective measures like drilling setbacks from waterways and requirements to use
directional drilling and other techniques that limit the density of well pads and
reduce impacts to the wildlife habitat that makes the valley a world-class area for
big-game hunting and fishing.
"Many of the companies now developing the West's energy resources have shown they
have the knowledge and capital to use the best and newest technology to avoid and
reduce the impacts of energy development," the letter states. "Yet even with these
remarkable technological breakthroughs, the BLM must consider reducing access or
even preventing drilling, particularly in habitat critical for big game migration,
winter survival and fawning and calving areas."
Oil and gas industry officials rejected the notion that drilling in the region would
cause widespread surface disturbance and contribute to water pollution. They noted
that modern drilling techniques and practices have minimized or eliminated impacts
on valued landscapes across the West.
David Ludlum, executive director of the West Slope Colorado Oil and Gas Association
in Grand Junction, said the industry is concerned that BLM appears to be listening
to conservation advocates opposed to increased domestic energy production, and he
blamed the Obama administration.
"When you look throughout Colorado, you have a number of BLM resource management
plans [RMPs] being revised. And one of the trends we're seeing in northwest Colorado
is all of these documents are becoming more and more restrictive as far as energy
development," Ludlum said. "Creating intentional surface restrictions that takes
these resources out of play in perpetuity is extremely shortsighted."
Managing multiple uses
Indeed, the coalition's letter comes as BLM works to finalize a revised resource
management plan for the Kremmling Field Office in northwest Colorado for the first
time since 1984.
The revised RMP is expected to cover 377,900 acres of BLM-managed lands and 653,500
acres of federal mineral estate in all or part of six Colorado counties, including
Jackson County, where North Park Valley is located.
The agency released a draft
RMP<http://www.blm.gov/co/st/en/BLM_Programs/land_use_planning/rmp/kfo-gsfo/kremmling.html>
and draft environmental impact
statement<http://www.blm.gov/co/st/en/BLM_Programs/land_use_planning/rmp/kfo-gsfo/kremmling.html>
(EIS) in September, both of which are open for public review and comment through
Jan. 17. A final EIS and proposed plan are expected in the fall of 2012.
BLM's "preferred alternative" in the draft RMP/EIS is a mixture of conservation
measures and resource uses, including oil and gas drilling.
David Boyd, a BLM spokesman in Silt, Colo., said he is confident the draft plan can
be refined to meet both energy development and conservation goals.
"I think people should look at all the alternatives we've outlined in the document
because there's a pretty wide range of what's possible out there," said Boyd. "But
everything in that range of alternatives is still on the table, and what we expect
will come out of this plan will be a blend of those varying alternatives."
But the sporting groups have already decided on the proper course of action, and
they are lobbying BLM to select Alternative C in the draft plan, which places "a
priority on sustaining and restoring resources and habitats," according to the
document.
This alternative offers "serious consideration of habitat protection," said Michael
Saul, a National Wildlife Federation attorney in Boulder, Colo.
Booming industry
Meanwhile, the Niobrara formation has become the fastest-growing oil play in
Colorado and one of the new energy development hot spots in the United States.
Through mid-September, state regulators had permitted 545 horizontal wells, mostly
in Weld County at the heart of the Niobrara play, said David Neslin, director of the
Colorado Oil and Gas Conservation Commission.
Of those, only about 130 wells have actually been dug, and most are exploratory
wells, Neslin said.
In total, that's less than 20 percent of the 3,500 horizontal well permits issued
statewide, he said.
Still, the drilling activity is springing up so quickly, including around the
suburbs of the Denver metropolitan area, that some local leaders have started
raising concerns about potentially negative environmental and socioeconomic impacts
(Land Letter<http://www.eenews.net/Landletter/2011/10/27/archive/13>, Oct. 27).
Colorado counties in the path of the Niobrara have attempted to get out front of the
drilling and devise their own regulations for hydraulic fracturing -- the
controversial technique of injecting water, sand and chemicals underground at high
pressure to create fissures in tight rock formations that allow oil and gas to flow
freely to the surface.
Some of these counties are writing rules for "fracking" that go beyond what is
already required under existing regulations
(Greenwire<http://www.eenews.net/Greenwire/2011/10/31/archive/12>, Oct. 31).
Given the heightened concern, the sportsmen's group argues that BLM must be
proactive in regulating drilling to ensure the North Park valley and the surrounding
area is protected.
The region sits at the head of the North Platte River, which flows north into
Wyoming and helps maintain habitat critical for endangered species, said Barbara
Vasquez, a Walden, Colo., resident working with Trout Unlimited, the Colorado
Wildlife Federation and National Wildlife Federation to protect the region.
That's one reason why any drilling activity needs to be done in ways that protect
sensitive waterways, said Suzanne O'Neill, executive director of the Colorado
Wildlife Federation in Denver.
"Current oil and gas rules do not prevent development too close to these riparian
areas, and in fact, one drilling pad on state land is a stone's throw from the
high-water mark of a well-known tributary," she said.
Click here<http://www.eenews.net/assets/2011/11/03/document_ll_01.pdf> to read the
sportsmen's letter to BLM.
Click
here<http://www.blm.gov/co/st/en/BLM_Programs/land_use_planning/rmp/kfo-gsfo/kremmling.html>
to read the draft RMP and accompanying draft EIS.
Streater writes from Colorado Springs, Colo.
Want to read more stories like this?
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About Land Letter
Land Letter is written and produced by the staff of E&E Publishing, LLC. For more
than 20 years, Land Letter has been the publication professionals have turned to for
objective, accurate coverage of natural resource policy issues. From lawsuits over
national forest management, to water resource allocation in the West, Land Letter is
the source all sides turn to for clear, timely, objective information. Land Letter
publishes Thursdays at 10 a.m.

Roadless:  On October 21, 2011, the Tenth Circuit reversed the district court’s issuance of a permanent injunction.  The Court remanded to district court to vacate the permanent injunction.  “The district court abused its discretion in permanently enjoining the Roadless Rule on a nationwide basis…”

US Forest Service issued this tweet on October 21:

OFFICIAL STATEMENT For Immediate Release Contact: (202) 205-1134 Twitter: @forestservice

“The US Forest Service is pleased that a federal appeals court has upheld the 2001 Roadless Rule The Obama Administration has been and remains a strong supporter of the protection of roadless areas. These areas are vital for protecting watersheds, providing recreation and hunting and fishing opportunities. We applaud this decision upholding the 2001 rule and are proud to have vigorously supported the rule in this case. The Roadless Rule prohibits road construction and timber cutting in 58.5 million acres of inventoried roadless areas, covering about 30 percent of the National Forest System.If you would rather not receive future communications from US Forest Service, let us know by clicking here.US Forest Service, 1400 Independence Avenue”

Here is the statement by Mike King, Executive Director of the Colorado Department of
Natural Resources, regarding today's ruling from the 10th Circuit:

"The Colorado Roadless Rule is based on the essential elements and
structure of the 2001 Roadless Rule that the 10th Circuit Court has
today reaffirmed. Starting in 2005, Colorado has been engaged in an
extensive public involvement process to develop consensus on a rule
that makes sense for the various needs and uses of our forests while
also finding ways to provide strong protection of these lands. That
process has benefitted from updated backcountry inventories for true
roadless characteristics, the identification of high-value fish and
wildlife habitat, and developing narrowly-tailored accommodation of
activities critical to local economies that also includes wildfire
protection for mountain communities. In addition, this ruling does not
preclude further litigation, which could continue to create
uncertainty. As a result, we will continue working to finalize the
Colorado rule so we can provide clear and appropriate direction on the
management and protection of national forest roadless areas in Colorado."

 

October 31 — CWF, too,  read the decision and is conferring with others to figure out the impact of the decision on the Colorado Roadless Rule (CRR).  As we understand it, the 10th Circuit ruling does not preclude adoption of a state-specific rule.  Who knows how the politics will play out.  The CRR has not been finalized yet.  See Our Stand (bottom left of the home page) for the recommendations developed by several organizations including CWF and submitted to the State on October 28.   As of October 20, the US Forest Service, Region 2, was still reviewing the public comments submitted in July.  The next step is (or was)  for Region 2 to submit to Washington –unless the Court decision changes the process.  A final rule has been expected by year end or beginning of 2012.  CWF and others have continued to meet with Colorado Department of Natural Resources to urge incorporation of our recommendations made in our July 14 comment letter.

Roadless:  On October 21, 2011, the Tenth Circuit reversed the district court’s issuance of a permanent injunction.  The Court remanded to district court to vacate the permanent injunction.  “The district court abused its discretion in permanently enjoining the Roadless Rule on a nationwide basis…”

US Forest Service issued this tweet on October 21:

OFFICIAL STATEMENT For Immediate Release Contact: (202) 205-1134 Twitter: @forestservice

“The US Forest Service is pleased that a federal appeals court has upheld the 2001 Roadless Rule The Obama Administration has been and remains a strong supporter of the protection of roadless areas. These areas are vital for protecting watersheds, providing recreation and hunting and fishing opportunities. We applaud this decision upholding the 2001 rule and are proud to have vigorously supported the rule in this case. The Roadless Rule prohibits road construction and timber cutting in 58.5 million acres of inventoried roadless areas, covering about 30 percent of the National Forest System.If you would rather not receive future communications from US Forest Service, let us know by clicking here.US Forest Service, 1400 Independence Avenue”

Here is the statement by Mike King, Executive Director of the Colorado Department of
Natural Resources, regarding today's ruling from the 10th Circuit:

"The Colorado Roadless Rule is based on the essential elements and
structure of the 2001 Roadless Rule that the 10th Circuit Court has
today reaffirmed. Starting in 2005, Colorado has been engaged in an
extensive public involvement process to develop consensus on a rule
that makes sense for the various needs and uses of our forests while
also finding ways to provide strong protection of these lands. That
process has benefitted from updated backcountry inventories for true
roadless characteristics, the identification of high-value fish and
wildlife habitat, and developing narrowly-tailored accommodation of
activities critical to local economies that also includes wildfire
protection for mountain communities. In addition, this ruling does not
preclude further litigation, which could continue to create
uncertainty. As a result, we will continue working to finalize the
Colorado rule so we can provide clear and appropriate direction on the
management and protection of national forest roadless areas in Colorado."

 

October 31 — CWF, too,  read the decision and is conferring with others to figure out the impact of the decision on the Colorado Roadless Rule (CRR).  As we understand it, the 10th Circuit ruling does not preclude adoption of a state-specific rule.  Who knows how the politics will play out.  The CRR has not been finalized yet.  See Our Stand (bottom left of the home page) for the recommendations developed by several organizations including CWF and submitted to the State on October 28.   As of October 20, the US Forest Service, Region 2, was still reviewing the public comments submitted in July.  The next step is (or was)  for Region 2 to submit to Washington –unless the Court decision changes the process.  A final rule has been expected by year end or beginning of 2012.  CWF and others have continued to meet with Colorado Department of Natural Resources to urge incorporation of our recommendations made in our July 14 comment letter.

At its meeting on October 13, the merged Parks and Wildlife Commission will vote on its composition and number of seats, which it will then recommend to the legislature (2012 session).

Below is the October 7 press release from the Colorado Parks and Wildlife Division.   Also see CWF’s recommendation under Our Stand (CWF home page).

 

 PWC TO VOTE ON COMPOSITION, MISSION STATEMENT
> 
> DENVER - Colorado Parks and Wildlife Commissioners will finalize recommendations regarding the new agency's mission statement and the composition of the merged board during its October meeting in Steamboat Springs.
> 
> Commissioners will be asked to approve changes to rafting regulations that would allow a wider range of acceptable personal flotation devices worn by commercial passengers on a regulated river trips at the October 14 meeting, which is scheduled to run from 8:30 a.m. to 5 p.m. at the Holiday Inn, 3190 S. Lincoln Avenue, Steamboat Springs. 
> 
> In addition, commissioners will receive an informational update on the Big Game Access Program, which leases more than 140,000 acres of private land big game habitat in southeastern Colorado for pronghorn and deer hunting. Now in its fifth year, the BGAP program has helped build relationships between wildlife managers and private landowners while expanding hunter access and improving CPW's ability to meet big-game management goals. The presentation will include results of a three-year evaluation of the program conducted by the Public Involvement Unit. 
> 
> Also on Thursday's agenda is the presentation of a partnership award to the family of John Fetcher, a long-time resident, rancher and water manager in the Yampa Valley.  Fetcher was instrumental in the establishment of both Steamboat Lake and Stagecoach Reservoirs and was proud to see the public recreation benefits of both reservoirs protected by the creation of state parks surrounding the impoundments.  Parks and Wildlife Director Rick Cables will be presenting a plaque to the Fetcher family in appreciate for their longstanding support of the agency at the end of the morning session.
> 
> Thursday's Commission meeting will be followed by a workshop on Friday morning, at which Commissioners will receive reports from employee work groups that have been developing alternatives to implement the merger between Colorado State Parks and the Division of Wildlife into Colorado Parks and Wildlife.
> 
> The Parks and Wildlife Commission meets monthly and travels to communities around the state to facilitate public participation in its processes. During the remainder of 2011, the Board has scheduled meetings in Burlington in November and Fort Collins in December.
> 
> The complete agenda for the September Parks and Wildlife Commission meeting can be found on the Commission web page at: 
> http://wildlife.state.co.us/ParksWildlifeCommission/Archives/2011/Pages/Oct132011.aspx.
> 
> Members of the public who are unable to attend Commission meetings or workshops can listen to the proceedings through an Internet link.   This opportunity is provided to keep constituents better informed about the development of regulations by the Board and how they are working with Parks and Wildlife staff to manage parks, wildlife and outdoor recreation programs administered by the agency. 
> 
> To access the live audio feed during the meeting, click on the "listen to live audio" link at the bottom of the Commission webpage at: http://wildlife.state.co.us/ParksWildlifeCommission/Pages/Commission.aspx.
> 
> The Colorado Parks and Wildlife Commission is a 14-member board appointed by the governor. The Parks and Wildlife Commission sets regulations and policies for Colorado's state parks wildlife programs.  
> 
> For more news about Division of Wildlife go to: http://wildlife.state.co.us/NewsMedia/PressReleases
> 
> For more information about Division of Wildlife go to: http://wildlife.state.co.us.