Thanks for the heads up. I called and left a message.
Luke George

On Wed, Sep 20, 2023 at 1:10 PM Norm Erthal <[email protected]> wrote:

>
> As Nathan said, FRICO owns the land, dam, and water.The legislature has
> absolutely no authority over them at all. There is one state agency with
> authority but only in a limited way. That is the Office of the State
> Engineer and their only authority is in regards to dam safety. This is
> relevant regarding the increase of storage and could be what is causing the
> placement of the riprap.
>
> The Endangererd Species Act would be the only other means of restricting
> work. This likely only applies to a certain distance restriction from a
> nest site.
>
> The only other possibility is in what rights Parks has regarding the lease
> and I doubt if Frico gave them any authority regarding the storage of water
> in the lake. The biggest problem I can see going forward is how the
> increased storage level impacts the trees around the reservoir. The years
> in which the reservoir stayed fairly full in the winter has caused the loss
> of old cottonwoods and I can only see this becoming worse. There is little
> to no regeneration of cottonwoods due to how young trees develop. I doubt
> if the Endangered Species Act could be used to stop the storage increase
> even if it results in the loss of trees that would effect nest sites.
>
> Norm Erthal
> On Tuesday, September 19, 2023 at 1:49:06 PM UTC-6 Nathan Pieplow wrote:
>
>> Hello all,
>>
>> Tammy VerCauteren at Bird Conservancy of the Rockies let us know this
>> morning that an unfortunate situation is unfolding at Barr Lake State Park.
>> FRICO, the ditch company that built the reservoir and owns the water
>> rights, recently increased the water level in the reservoir to accommodate
>> more irrigation needs and water storage and other municipal needs. However,
>> this has caused issues with trails getting washed out and the overall
>> integrity of the lake. To mitigate, they are removing a great deal of
>> shoreline vegetation and replacing it with rip rap.
>>
>> They have already completely cleared the area from the NE corner of the
>> dam to the boat ramp, and are installing rip rap there now. The cleared
>> area is at least 30 feet wide. Yesterday they started work on a second
>> section, from the boat ramp to the Pioneer Boardwalk. Again they have
>> removed all vegetation including 100+ year old cottonwoods.   The current
>> plan is to continue this method all the way to the large bald eagle viewing
>> gazebo on the south end of the park. This would completely clear out the
>> area where the Bird Conservancy Banding station is, not to mention almost
>> all the rest of the shoreline vegetation along the east side of the lake.
>> The plan is to complete this work in the next couple of weeks.
>>
>> Our understanding is that FRICO has extremely broad legal latitude to do
>> what it is doing, even though Barr Lake is a state park, because FRICO owns
>> the lake. The effects on habitat and wildlife are going to be severe,
>> especially at the banding station which has been in place for 35 years.
>> This is particularly galling because when the company filed a grant
>> application to increase the water level, they touted the area as a great
>> birding destination and argued that raising the water level would only
>> enhance it. Now the exact opposite is happening.
>>
>> To change the outcome is probably going to require a strong and immediate
>> public outcry. You can contact FRICO at:
>>
>> Farmers Reservoir & Irrigation Company
>> 80 South 27th Avenue
>> <https://www.google.com/maps/search/80+South+27th+Avenue%C2%A0+Brighton,+CO+80601?entry=gmail&source=g>
>> Brighton, CO 80601
>> <https://www.google.com/maps/search/80+South+27th+Avenue%C2%A0+Brighton,+CO+80601?entry=gmail&source=g>
>>
>> P: (303) 659-7373
>> [email protected]
>>
>> You might also consider reaching out to your state and local government
>> representatives. If you are a member of a group that would like to get
>> involved, contact Tammy VerCauteren <[email protected]>,
>> who is working to initiate a wide-ranging response.
>>
>> Nathan Pieplow
>> Boulder
>>
>>
>>
>>
>>
>>
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