Federal regulators have upheld their rejection of a proposal to pipe
water over 500 miles from southwestern Wyoming’s Green River and Flaming
Gorge Reservoir to Colorado. The project, known formally as the
Regional Watershed Supply Project but more commonly called the Flaming
Gorge Pipeline, has been sent back to the drawing board. The recent permit denial appears to
rest largely on the vague and incomplete nature of the application, but
it also points to possible gaps in how the federal government regulates
water use and hydropower.
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| Water - a scarce but valuable resource in the American west. |
The Regional Watershed Supply Project was
originally proposed by private developer Million Conservation Resource
Group to make new water supply available for use by municipalities,
agriculture, and industries in southeastern Wyoming and the Front Range
of Colorado. In 2008,
the developer applied to the U.S. Army Corps of Engineers for a permit under Section 404 of the Clean Water Act.
Under its Section 404 authority, the Army Corps regulates activities
involving the discharge of dredged or fill material into waters of the
U.S.
In July 2011, based on the record in the case, the
Army
Corps withdrew the pipeline application, saying in a public notice that
the “primary purpose of the project may now change to electrical power
generation”, an activity appropriately under the purview of the Federal Energy Regulatory
Commission.
Wyco Power and Water Inc., the successor in
interest to Million Conservation Resource Group, then applied to the
Federal Energy Regulatory Commission for a preliminary permit for its
project. By this time, the project concept included seven hydropower
projects along the pipeline, including two pumped storage projects and
five turbines within the pipeline. In response to the public notice of
the permit application, over 200 comments expressly opposing the
proposed project were submitted by the Governor of Wyoming, state
agencies, counties, municipalities, water conservation districts,
utilities, environmental or resource advocacy groups, and individuals.
In February,
FERC dismissed
Wyco’s request for a preliminary permit (3-page PDF) as premature,
noting that the pipeline did not yet exist, nor did the applicant have
authorizations for any specific route, nor had a route been
substantially identified. FERC also noted that its only role associated
with the proposed water supply pipeline would be to authorize the
construction and operation of any proposed hydropower projects along the
pipeline, not to authorize the siting of the pipeline itself.
Although Wyco asked FERC for a rehearing of its dismissal, yesterday the Commission upheld its earlier decision. In
FERC’s order denying request for rehearing and clarification (9-page PDF),
FERC reiterated that while it “regularly licenses discrete hydropower
developments within substantial water conveyance systems, it has long
been the Commission’s practice not to license the entire water
conveyance system itself.”
So where does that leave
Wyco? With both the Army Corps and FERC finding that the permits sought
are premature, a logical next step would be to pin down a specific
route and to seek authorizations from the federal, state, and private
landowners whose property would be crossed. The developer has suggested
that financing the project will be difficult without first obtaining
some governmental approvals, and it may be hard to reach deals with
landowners without having sufficient financial commitments.
Nevertheless, FERC’s decision instructs Wyco that it may come back with a
preliminary permit for the hydropower components of its pipeline
project once the pipeline is more well-defined.