By Angus M. Thuermer Jr.
WyoFile.com 

Game & Fish: West Fork Dam would cause 'substantial negative impacts'

Whether habitat-focused mitigation efforts would offset damage ‘is not known,’ state wildlife agency says

 

April 13, 2023



Wyoming Game and Fish Department comments cast doubt on irrigators’ claims that a 264-foot-high dam proposed in Carbon County will benefit fisheries, riparian zones and wetland-wildlife habitats.

The dam proposed for the West Fork of Battle Creek above the Little Snake River on the Medicine Bow National Forest would provide 6,000 acre-feet of late-season irrigation to ranches near Baggs, Dixon and Savery and in Colorado. The 700-foot-long concrete dam and associated 130-acre reservoir would also provide a “minimum bypass flow” to improve fisheries in downstream creeks and rivers, according to the proposal.

The reservoir itself could be a “brood facility” and refuge for native Colorado River cutthroat trout, a species of conservation concern, the Wyoming Water Development Commission and others say.

As dam backers’ plans were opened to formal public review and comment earlier this year, however, critics challenged the rosy ecological picture and accounting of public benefits claimed by water developers.

Among these critics is Wyoming’s own Game and Fish Department, which says construction and operation of the dam would cause “substantial negative impacts on the aquatic and fisheries resources in the West Fork Battle Creek, Battle Creek and Little Snake River drainages.”

Even though mitigation efforts are “likely” to offset such impacts and may conserve and enhance fish and wildlife habitat, the wildlife agency expressed reservations about the project.

“Given the complexity of ecological systems and inherent uncertainties about project operation and impacts and future climate and hydrology,” Game and Fish wrote in nine pages of comments, “it is not known if the proposed project will benefit fisheries, riparian, and wetland wildlife habitats, as suggested by the proponents.”

Wyoming’s wildlife agency made its comments along with 935 other individuals and organizations as the Natural Resources Conservation Service, a federal agency tasked with aiding agriculture on private lands, analyzes the project through an environmental impact statement. Eight hundred ninety-nine commenters opposed dam construction and an associated land swap with the Medicine Bow National Forest that would enable it.

Game and Fish offered six pages of recommendations for how to potentially alleviate some of the dam’s impacts. Those include a program to wipe out non-native trout from a network of creeks that extends about six miles upstream of the dam site. Colorado River cutthroat trout would then be planted in an artificial “brood facility” in the reservoir and upstream.

In launching the plan to dam the West Fork of Battle Creek, dam backers declared benefits would accrue to “fisheries, riparian and wetland wildlife habitats, and water-associated recreation,” according to a legal notice published in the Federal Register.

“Ecological objectives … include improvements to aquatic ecosystems and riparian habitats by supplementing stream flows during low-flow periods, and … to terrestrial habitat associated with irrigation-induced wetlands,” the notice posted by the NRCS states. “Benefits are expected to accrue to these attributes [downstream] to the confluence with the Yampa River including improvements to both cold water and warm water sensitive species.”

Fisheries below the dam could benefit from 1,500 acre-feet earmarked for bypass flow, a 483-page Wyoming study says. Bypass water that would be released from the dam would maintain a minimum flow for about 4 miles downstream.

Nothing in the plan as currently written, however, would prevent any irrigator from taking water out of the creek below that point and using it for irrigation.

“Without an in-stream flow water right, once released from the bypass flow account in West Fork Reservoir, the water could be used or diverted for other purposes,” Jason Mead, interim director of the Wyoming Water Development Office wrote in an email. Nevertheless, “[m]ost of the water released solely for habitat flow purposes, according to hydrologic models, occurs during the non-irrigation season months,” Mead wrote. “[T]here are no irrigation diversions below the [proposed] West Fork Reservoir on the West Fork of Battle Creek or Battle Creek until it runs on to private land.”

The 4.8-mile reach of Battle Creek that runs across private land would benefit from approximately 1,414 new fishery “habitat units” if the dam were built, according to Wyoming’s study. A “habitat unit” supports about one pound of trout per acre. Together, the new aquatic productivity “could facilitate additional private enterprise investment which could generate direct private fishing benefits of $144,228 annually,” the Wyoming Water Development Office says in the 2017 study.

That money would increase through an economic theory known as an “indirect benefit multiplier,” producing $379,320 in private benefits annually and $8.2 million over 50 years, Wyoming’s plan states.

That, plus other “instream flow benefits,” are estimated to generate $35 million in public benefits in the dam’s half-century life, the WWDO study states. All told, the state forecasts $73 million in public benefits. That sum justifies the state paying for most of the 2017-estimated $80 million project price tag.

“Given the unique location of the West Fork Reservoir project, its most valuable recreation attribute may be its isolated location which provides a sense of solitude that some recreationalists seek and consider priceless,” the state study reads.

In a comment letter, downstream ranch owners Sharon and Pat O’Toole said the proposed dam “offers multiple benefits,” and would offset the city of Cheyenne’s water diversions from the Little Snake River Basin.

“An environmental benefit would include creating and enhancing wetlands and riparian habitats upstream from the West Fork Reservoir, and improving stream habitat to sequester copper and other metals” from an abandoned mine, the O’Tooles wrote. “The created wetlands and improved stream channel could also provide wetland and stream channel mitigation for the project.

“Our family owns all the private land on Battle Creek,” the couple wrote, adding that “in the lower reaches we have Colorado Cutthroat Trout,” along with other species.

“Haggerty Creek [above the site of the proposed reservoir] used to provide habitat for this species of interest, and could again, with the benefit provided by the dam. The proposed dam would offer value to the recreating public. It would provide a fishery on Haggerty Creek and downstream that does not presently exist.”

John Cobb, chairman of the Little Snake River Conservation District, an irrigation group, wrote that there are “many self-mitigating aspects of this [dam-building] alternative with the potential to drastically offset any potential negative impacts.” Dam construction could “result in a net benefit to the native ecosystems and human economies that thrive within the proposed service area of this project,” his comment reads.

The project would also contribute to the goals of the Colorado-based Yampa, White, Green Roundtable, a consortium of river users, according Jonathan Bowler, watermaster for the Savery-Little Snake River Water Conservancy District that applied to build the dam. Among those is a goal to develop a system to reduce water shortages and meet environmental and recreation needs, he said in a presentation to the group.

In addition to Game and Fish comments on the plan, reaction includes reviews and criticism from angling and conservation groups.

Wyoming proposes to swap state property for federal land to enable construction, and budgets $594,000 of the estimated $80 million project cost for wetland and stream mitigation, public documents state.

Without endorsing construction, Wyoming Trout Unlimited recommended that any plan include funding for non-native brook trout removal and other conservation measures, Kathy Buchner, Wyoming TU Council chair and two other TU officers wrote. Other groups were more critical.

“Five years of construction will destroy the present aquatic habitat for all populations of vertebrate and invertebrate species and terrestrial wildlife habitat,” wrote Brian Smith, a former Wyoming water development technician who operated the nearby High Savery Dam and Reservoir where Game and Fish established a similar Colorado River cutthroat trout reserve. “Spawning migrations that have occurred [in and above Battle Creek] presumebly (sic) since the last ice age by CRCT will be terminated. The Little Snake River Drainage is one of only 3 in the State of Wyoming, where the CRCT exist.”

The nonprofit American Rivers also criticized the state plan saying the proposed project could threaten year-round water in the Belvidere Ditch upstream of the proposed reservoir. That ditch is “a WGFD stocking source of cutthroat trout,” and disruption there could harm “these valuable populations.”

Matt Rice, the group’s Colorado River Basin program director, said threats to the ditch could damage “one of the only remaining healthy populations of cutthroat trout [and] could perhaps push the species sufficiently to the brink to merit a federally endangered listing.” The dam would further reduce flows downstream, including in the Yampa River “with additional consequences for protection and recovery of pikeminnow and other sensitive species,” Rice wrote.

A promise of ecological benefits downstream is unsubstantiated, wrote Ben Beall, Friends of the Yampa president. He said that was “a questionable claim given the project’s stated primary purpose is to supply late season irrigation water and the limitation of capacity of the bypass account in the reservoir.”

Worries about the dam’s impacts and a lack of critical review emerged well before the NRCS opened the issue for comments. When the Medicine Bow began preparing for a potential land swap two years ago, a staff hydrologist became alarmed that the dam’s effects wouldn’t be thoroughly analyzed.

The Medicine Bow distributed a briefing paper to its staff that included language “taken from the water development justifications/benefit promotional material and adopted by FS management/lands staff w/o consultation of fisheries professionals,” Medicine Bow hydrologist Bill Gloss wrote to colleagues.

The Medicine-Bow distributed the briefing paper after dam backers had held several meetings with national forest officials and put the bureaucratic wheels in motion for the land exchange, according to an email chain obtained by WyoFile through a Freedom of Information Act request.

“There is much more to the aquatics story,” Gloss wrote, “including the upstream reaches above the reservoir not supporting fish populations due to metals contamination and dewatering from an irrigation ditch, the in-reservoir and downstream trade-offs from altered flow, etc.

“If I could achieve one thing related to this project, it would be an honest and critical look at the social and environmental effects …” Gloss wrote.

He held out little hope for that “honest and critical” look. “There are a lot of factors in play making that approach very unlikely at the moment …” his email read.

A Medicine-Bow spokesman earlier this year wrote that Gloss’s worries are now unfounded. In briefing papers like the one Gloss complained about, “external opinions are encouraged to be included in the full range of information, as they help give situational awareness,” spokesman Aaron Voos wrote in an email. Information in the briefing paper was appropriately cited to make clear it came from project proponents, he wrote.

Further the Medicine Bow will consider the social and environmental effects of the dam and a wide range of public input and values for the public lands, water and resources involved, Voos wrote. “That will be accomplished with the EIS. We are a cooperating agency in that process and will be involved.”

The Medicine Bow, however, has no plans to peer-review Wyoming’s study of public benefits that justifies state funding of the dam, Voos wrote. The NRCS also said it will not peer-review the 483-page Wyoming Little Snake River final report of 2017.

“At this time we cannot say whether or not the Little Snake River Supplemental Storage Level II Phase II Study Report will be used in the land exchange feasibility analysis,” Voos wrote. “[H]owever, it could be used as a reference document during the feasibility analysis or at other points in the land exchange and NEPA processes.”

WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.

 
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