Save Homestake / Evidence record

Source register

Inspect the records, their methods and their meaning for Homestake.

September 23, 2026 evidence edition
In this edition
  1. A source system that can be inspected
  2. Public case, legal and water source catalog
  3. Preserved master source register
  4. Save Homestake source register
  5. A. Project history, design, and agency record
  6. B. Eagle County and Colorado law
  7. C. Federal wetland permitting and environmental review
  8. D. Federal land, wildlife, wilderness, and cultural resources
  9. E. Fen hydrogeology, restoration, and replacement science
  10. F. BioBlitz, wildlife, spatial, and community evidence
  11. G. Water rights, river protection, and Shoshone
  12. H. Supplemental current authorities
  13. Use protocol
  14. I. Wildlife, flora and wetland-mosaic research v0.3

A source system that can be inspected

CASE: preserves the public Comprehensive Case numbering; MASTER: preserves the separate historical master register numbering; 1041:S identifies the legal dossier; HWF: preserves wildlife/flora identifiers; WATER:TECH identifies the recovered technical companion. Numbers are never treated as equivalent merely because they match.

Inclusion records provenance, not an endorsement of every statement in a source. Claim-specific uses carry the relevant geography, period, method and pinpoint in the canonical claim record. The September 23 registry also maps 63 retained claims to their existing citations. Those mappings are an editorial audit, not new primary-source verification: their last-verified date remains unset and their original status is retained.

Public case, legal and water source catalog

1041:S01 Eagle County, current adopted Chapter VI

Published adopted Chapter VI, independently checked September 23, 2026. Archived EnCode export: decision §6.03.10, PDF pp.16-17; criteria §§6.04.01-.02, PDF pp.19-20; Appendix A, PDF pp.24-29. County-linked legacy layout contains equivalent criteria with different pagination. Original pertinent pages attached.

Open original source

1041:S02 Eagle County, September 15, 2026 proposed 1041 regulations

Latest proposed text located on the official application record as of September 23, 2026: September 15, 2026 draft. Printed page numbers are four less than PDF numbers. Proposed §§109, 211, 301-331 and 401-434. No adoption/effective date verified. Original pertinent pages attached.

Open original source

1041:S03 Eagle County, active application LUR-009633-2026

Official LUR-009633-2026 record checked September 23, 2026. Recommendation hearing scheduled September 23; no completed recommendation/vote verified. Board adoption hearing scheduled October 27, 2:30-4 p.m. Posted recommendation resolutions have blank votes/signatures.

Open original source

1041:S04 Eagle County, September 23 staff report

pp. 1 and 8: proposed separate reenactment and recommended simultaneous effective date, with current rules continuing without a lapse.

Open original source

1041:S05 Eagle County, July 10 comparison draft

§331 alternatives analysis and §434 least-adverse alternative; compare September replacement. July printed pages are nine less than PDF page numbers.

Open original source

1041:S06 Colorado Revised Statutes 2026, Title 24

§24-65.1-501(4): compliance and denial. Read with County conditional-approval provisions.

Open original source

1041:S07 City of Colorado Springs v. Board of County Commissioners, 895 P.2d 1105

Colo. App. 1994. Homestake II wetlands and nuisance findings, competent evidence, county authority, and retained water rights.

Open original source

1041:S08 Colorado Springs Utilities, Eagle River Joint Use Water Project

March 2022, pp. 1-2. Broader MOU goals, Whitney storage concepts, tributary collection and pumping to existing Homestake Reservoir.

Open original source

1041:S09 Homestake Partners, Whitney Reservoir geotechnical investigation application

June 25, 2019. Proposed investigation; alternative dam alignments and exploration/access maps: Technical Report Figure 1 p. 3 / PDF p. 11; Figures 3-5 pp. 6-8 / PDF pp. 14-16.

Open original source

1041:S10 Save Homestake, public field archive and modeled reservoir comparison

Campaign photographs, films, generalized wildlife locations and testimony. Compare the four modeled reservoir alternatives in the valley explorer; field record updated September 12, 2026.

Open original source

1041:S11 Save Homestake, the case and valley explorer

Campaign interpretation of the mapped fen complex and modeled reservoir alternatives. Model-based conclusions concern the displayed alternatives and water elevations.

Open original source

1041:S12 U.S. EPA, Classification and Types of Wetlands: Fens

Groundwater-fed peat systems, characteristic hydrology and vegetation; natural formation can take up to 10,000 years.

Open original source

1041:S13 33 C.F.R. §332.3(e)(3), compensatory mitigation

Federal rule expressly identifies fens among difficult-to-replace resources and addresses suitable compensation. Corroborates replacement difficulty; County standards provide the local decision rule.

Open original source

1041:S14 Chimner and Cooper, Mountain Fen Restoration in Colorado: An Overview

2012, International Peat Congress. Restoration evidence and long recovery of peat physical properties. Full paper linked from the publisher record.

Open original source

1041:S15 Eagle River Community Water Plan, Appendix C

§2.1.2 p. 9: 2020 current-conditions baseline; §2.1.5 p. 11: combined New Water Infrastructure scenario.

Open original source

1041:S16 Eagle River Community Water Plan, Appendix N: Recreational Water Uses

Table 1 p. 7; methods pp. 9-11; Table 2 p. 16; §6 p. 22. Published whitewater boatable-day results independently checked against the original appendix.

Open original source

1041:S17 Eagle River Community Water Plan, Appendix K: Eagle Mine water quality

Methods pp. 4-6; narrative p. 9; Table 12 p. 21; Table 13 p. 22. Mean monthly zinc metrics for 2009-2016.

Open original source

1041:S18 Eagle River Community Water Plan, main report

Revised October 2024, pp. 22-25 and 68-69. MOU scenario, seasonal effects and additional upper-basin assessment needs. Portal: lotic.quarto.pub/community_water_plan/.

Open original source

1041:S19 CROA, 2024 Commercial Rafting Use Report

Revised August 13, 2025, PDF p. 8. Upper and Lower Eagle user days and expenditure estimates.

Open original source

1041:S20 Colorado Parks and Wildlife, July 16, 2026 fishing-closure announcement

Dated notice of full-day voluntary Eagle fishing closure beginning July 17, from Lake Creek to the Colorado confluence; low flows and high temperatures.

Open original source

1041:S21 Proclamation 10476, Camp Hale-Continental Divide National Monument

October 12, 2022; 87 FR 63381-63392. Ute connections, military landscape and monument protections. Assess actual facility overlap.

Open original source

1041:S22 Colorado River District, Shoshone water-rights FAQ

Senior rights and river administration context. Supply analysis must use governing decrees and the operating agreements actually applicable to Whitney.

Open original source

1041:S23 Eagle County, broader land-use-code adoption schedule

County-linked schedule: November 3, 2026 broader code and map adoption hearing. This is separate from October 27 1041 consideration.

Open original source

1041:S26 CNHP, Fen Mapping inventory

Complete September 18 export: 600 features across the query area covering the model. Potential Fen IDs 3033, 3045, 5490 and 5491 intersect one or more modeled alternatives; 3045 and 5491 intersect all four. See the map methods and per-feature overlap register. This is the archived older service. A September 23 query of a separate downstream envelope returned 18 older-service features and six Fens 2025 features with different geometries. Source currency and polygon correspondence require reconciliation; this is not a disappearance count.

Open original source

1041:S27 Chadde et al., Peatlands on National Forests of the Northern Rocky Mountains

USDA Forest Service RMRS-GTR-11, 1998. Printed p. 16 / PDF p. 20: flooded sedge fen converted to aquatic vegetation; printed p. 32 / PDF p. 36: hydrology, water-level regulation and off-site disturbance. Original pages attached.

Open original source

1041:S28 40 C.F.R. §230.41, wetlands effects

§230.41(b) recognizes permanent flooding as a mechanism damaging or destroying wetland habitat and productivity. General technical support for the modeled impact mechanism.

Open original source

1041:S29 Colorado Springs Utilities, draft full ERMOU development conveyance map

Original utility map reproduced by Aspen Journalism, July 17, 2019. Purple: ERMOU conveyance infrastructure concepts; black: existing conveyance. Reproduced in the map section with its draft label and legend.

Open original source

1041:S30 CNHP, Colorado Wetlands inventory and complete overlap register

Complete September 18 export: 2,979 features, including Colorado Heritage Program and National Wetlands Inventory sources. Source classes retained; ponds/rivers/lakes separated from mapped wetlands. The complete per-feature overlap register is linked in the web map section.

Open original source

1041:S31 Save Homestake, complete per-feature flood-zone overlap register

CSV lists every positive-area inventory intersection by alternative, source, feature ID, source classification and modeled area. Companion methods preserve input hashes, dissolved totals and complete-export checks. Generated with the unchanged model, September 20, 2026.

Open original source

1041:S32 National Research Council, Riparian Areas: Functions and Strategies for Management

2002, chapter 3, printed pp. 149-150. Reduced flows and diversions alter riparian water supply; reduced overall flows can lower water tables and stress vegetation. Supports the downstream harm mechanism.

Open original source

1041:S33 CNHP / USFS, Inventory of Fens in White River National Forest

July 2025. Executive summary and printed p. 1: sustained saturation, groundwater supply and protection of contributing watersheds. Printed p. 36: disturbed hydrology, peat decomposition and carbon release.

Open original source

1041:S34 Save Homestake, lower Homestake downstream wetland map and source record

Source polygons retain wetland/water classifications and potential-fen status. The map follows the lower valley through Blodgett toward the canyon near Red Cliff. It maps habitat and the reach for impact assessment; individual hydrologic losses are evaluated through seasonal operations and groundwater analysis.

Open original source

BRIEF:1 Utilities' project concept

Utilities' project concept , March 2022.

Open original source

BRIEF:10 CMC investigation, CWCB p.4

CMC investigation, CWCB p.4 ; project scientist ; separate 20-year finding .

Open original source

BRIEF:2 Colorado Springs v. Eagle County, 895 P.2d 1105

Colorado Springs v. Eagle County, 895 P.2d 1105 (1994).

Open original source

BRIEF:3 Current county Chapter VI

Current county Chapter VI .

Open original source

BRIEF:4 33 C.F.R. §§332.1(c)(3), 332.3(e)(3)

33 C.F.R. §§332.1(c)(3), 332.3(e)(3) .

Open original source

BRIEF:5 Colorado Regulation 87

Colorado Regulation 87 .

Open original source

BRIEF:6 Public Law 96-560, §§102(a)(5), 110

Public Law 96-560, §§102(a)(5), 110 .

Open original source

BRIEF:7 County applications and hearing schedule

County applications and hearing schedule .

Open original source

BRIEF:8 County-linked September 15 draft

County-linked September 15 draft ; July 10 draft, §§331 and 434 ; September 23 staff report .

Open original source

BRIEF:9 Shoshone application and closing conditions

Shoshone application and closing conditions ; DWR authority, slide 29 .

Open original source

CASE:1 Land Use Regulations, Chapter VI: Areas and Activities of State Interest

Eagle County. Land Use Regulations, Chapter VI: Areas and Activities of State Interest . County-linked current compilation; filename 05/2012. Pinpoint: 6.01.04-.07 and municipal water project definition; 6.03.06-.10; 6.04.01-.03; printed pp.4-5, 16-32; Appendix A.

Open original source

CASE:10 Vail Valley Consolidated Water District v. City of Aurora, 731 P.2d 665

Colorado Supreme Court. Vail Valley Consolidated Water District v. City of Aurora, 731 P.2d 665 . 1987. Pinpoint: 668-672.

Open original source

CASE:11 Section 37-92-301(4), reasonable diligence

Colorado Revised Statutes, public reproduction. Section 37-92-301(4), reasonable diligence . Accessible 2025 text. Pinpoint: 37-92-301(4)(b)-(c).

Open original source

CASE:12 Active Land Use Applications: LUR-009633-2026

Eagle County. Active Land Use Applications: LUR-009633-2026 . Current page checked September 17, 2026. Pinpoint: 1041 LUR Amendment; hearing, draft, staff-report, and public-comment information.

Open original source

CASE:13 Eagle County in final stretch of the Land Use Regulation Rewrite Project

Eagle County / Bill Gibson. Eagle County in final stretch of the Land Use Regulation Rewrite Project . August 25, 2026. Pinpoint: Opening and participation sections.

Open original source

CASE:14 What is a Fen?

USDA Forest Service. What is a Fen? . Undated; cites Weixelman and Cooper 2009. Pinpoint: Peatlands; Bogs and Fens.

Open original source

CASE:15 Efforts to relocate an ancient wetland could help determine the fate of a water project on lower Homestake Creek

Sarah Tory / Aspen Journalism. Efforts to relocate an ancient wetland could help determine the fate of a water project on lower Homestake Creek . November 18, 2019. Pinpoint: An organ transplant; Positive signs; Inevitable impacts.

Open original source

CASE:16 Sackett v. EPA, 598 U.S. 651

U.S. Supreme Court. Sackett v. EPA, 598 U.S. 651 . May 25, 2023. Pinpoint: Majority Part IV.

Open original source

CASE:17 Regulation 87: Dredge and Fill Control Regulation, 5 CCR 1002-87

Colorado Water Quality Control Commission. Regulation 87: Dredge and Fill Control Regulation, 5 CCR 1002-87 . Effective March 30, 2026; rule version 12462. Pinpoint: 87.3(2),(4), pp.13-15; 87.6(2), pp.36-39; 87.6(7), pp.44-47; 87.10(3)(g)(iii), p.84.

Open original source

CASE:18 40 CFR 230.10, Restrictions on discharge

U.S. Environmental Protection Agency. 40 CFR 230.10, Restrictions on discharge . eCFR current text checked September 2026. Pinpoint: 230.10(a)-(d).

Open original source

CASE:19 33 CFR 320.4, General policies for evaluating permit applications

U.S. Army Corps of Engineers. 33 CFR 320.4, General policies for evaluating permit applications . eCFR current text checked September 2026. Pinpoint: 320.4(a),(e),(j),(k),(m).

Open original source

CASE:2 City of Colorado Springs v. Board of County Commissioners, 895 P.2d 1105

Colorado Court of Appeals. City of Colorado Springs v. Board of County Commissioners, 895 P.2d 1105 . November 17, 1994. Pinpoint: 1109-1120, especially 1110-1113, 1115-1117, and 1119-1120; Parts I-V and disposition. See also the General Assembly's official 2026 Title 24 compilation, C.R.S. §24-65.1-501(3)-(5) , approval, denial, and written findings.

Open original source

CASE:20 Water storage and infrastructure testimony

Marshall Brown, Aurora Water / U.S. Senate. Water storage and infrastructure testimony . July 18, 2019. Pinpoint: pp.3-6.

Open original source

CASE:21 Wild Horse FAQs

Aurora Water / Wild Horse Reservoir. Wild Horse FAQs . Current undated project page, accessed September 11, 2026. Pinpoint: Purpose and emergency reserves question.

Open original source

CASE:22 Water conservation in irrigation can increase water use

Frank A. Ward and Manuel Pulido-Velazquez. Water conservation in irrigation can increase water use . PNAS 105(47), 18215-18220; November 2008. Pinpoint: Abstract; DOI 10.1073/pnas.0805554105.

Open original source

CASE:23 Proclamation 10476: Camp Hale-Continental Divide National Monument

President of the United States. Proclamation 10476: Camp Hale-Continental Divide National Monument . October 12, 2022; 87 FR63381-63392. Pinpoint: pp.63383-63384, 63387.

Open original source

CASE:24 Western history washes up against modern reality in good, old-fashioned water war

David O. Williams / Rocky Mountain Post. Western history washes up against modern reality in good, old-fashioned water war . August 14, 2023. Pinpoint: Cabin, SHPO, and History Colorado discussion.

Open original source

CASE:25 36 CFR Part 800, Protection of Historic Properties

Advisory Council on Historic Preservation. 36 CFR Part 800, Protection of Historic Properties . eCFR current through September 9, 2026. Pinpoint: 800.4-.6; 800.16(d),(l),(y).

Open original source

CASE:26 Discovery and Excavation on Federal or Tribal Lands

National Park Service. Discovery and Excavation on Federal or Tribal Lands . Updated January 12, 2024. Pinpoint: Discovery and excavation guidance.

Open original source

CASE:27 Revised designation of critical habitat for Canada lynx

U.S. Fish and Wildlife Service. Revised designation of critical habitat for Canada lynx . July 16, 2026; effective August 17, 2026. Pinpoint: 91 FR43732; Unit 6 pp.43755-43756; regulatory text pp.43768-43772.

Open original source

CASE:28 Endangered Species Act Section 7, 16 USC1536

United States Code / U.S. Fish and Wildlife Service. Endangered Species Act Section 7, 16 USC1536 . Official 2024 code; current agency guidance checked August/September 2026. Pinpoint: 1536(a)(2),(d).

Open original source

CASE:29 Eagle River Community Water Plan: Rex Flats to Cross Creek

Lotic Hydrological / Eagle River Coalition. Eagle River Community Water Plan: Rex Flats to Cross Creek . Online plan, 2024 site edition. Pinpoint: Current and Historical Drivers of Degradation.

Open original source

CASE:3 The Eagle River Joint Use Water Project

Colorado Springs Utilities. The Eagle River Joint Use Water Project . March 2022. Pinpoint: pp.1-2.

Open original source

CASE:30 Climate Change in Colorado, Third Edition

Bolinger, Lukas, Schumacher and Goble / Colorado State University for CWCB. Climate Change in Colorado, Third Edition . 2024. Pinpoint: Chapter 3, key messages and 3.3.

Open original source

CASE:31 Seven County Infrastructure Coalition v. Eagle County

U.S. Supreme Court. Seven County Infrastructure Coalition v. Eagle County . May 29, 2025. Pinpoint: Slip opinion pp.15-20.

Open original source

CASE:32 National Environmental Policy Act: final rule

USDA. National Environmental Policy Act: final rule . April 3, 2026; 91 FR17092. Pinpoint: 7 CFR Part 1b, especially 1b.2, 1b.3, 1b.5, 1b.7.

Open original source

CASE:33 File 26-058: Wild Horse/Otero intergovernmental agreement

Colorado Springs City Council. File 26-058: Wild Horse/Otero intergovernmental agreement . Adopted February 24, 2026. Pinpoint: Background and council action.

Open original source

CASE:34 Metropolitan Suburban Water Users Association v. Colorado River Water Conservation District, 365 P.2d 273

Colorado Supreme Court. Metropolitan Suburban Water Users Association v. Colorado River Water Conservation District, 365 P.2d 273 . 1961. Pinpoint: 148 Colo.190-193.

Open original source

CASE:35 Application for Water Rights, 799 P.2d 33

Colorado Supreme Court. Application for Water Rights, 799 P.2d 33 . 1990. Pinpoint: Parts C-D; Appendix A.

Open original source

CASE:36 1041 Regulations, DRAFT 09/15/2026

Eagle County / LUR-009633-2026. 1041 Regulations, DRAFT 09/15/2026 ; July 10 draft ; September 23 staff report . County-linked hearing drafts and staff recommendation. Pinpoint: September §§104, 109, 211, 303, 307, 331, 401, 406, 409, 411-412, 423-424, 429, 431, 434; July §§331, 434; staff report pp.1, 7-8.

Open original source

CASE:37 33 CFR Part 332: Compensatory mitigation

U.S. Army Corps of Engineers. 33 CFR Part 332: Compensatory mitigation . Current eCFR checked September 2026. Pinpoint: 332.1(c)(3); 332.3(a),(e)(3),(f).

Open original source

CASE:38 Revised de minimis depletion guidance

U.S. Fish and Wildlife Service. Revised de minimis depletion guidance . Signed November 1, 2024. Pinpoint: p.2.

Open original source

CASE:39 36 CFR 251.54: Proposal and application requirements and procedures

USDA Forest Service. 36 CFR 251.54: Proposal and application requirements and procedures . Current eCFR checked September 2026. Pinpoint: 251.54(e)(5),(f)(2).

Open original source

CASE:4 No movement on Aurora’s Eagle County Whitney Reservoir proposal after six years

David O. Williams / Vail Daily, republished Sentinel Colorado. No movement on Aurora’s Eagle County Whitney Reservoir proposal after six years . July 28, 2026. Pinpoint: Opening project-status paragraphs.

Open original source

CASE:40 Senate Bill 07-122: The 2007 Water Projects Bill

Colorado Water Conservation Board. Senate Bill 07-122: The 2007 Water Projects Bill . 2007. Pinpoint: p.4, Colorado Mountain College / Rocky Mountain Fen Demonstration Project.

Open original source

CASE:41 Fens

Brad Johnson / Johnson Environmental Consulting. Fens . Undated; copyright 2023, accessed September 2026. Pinpoint: Restoration; Rocky Mountain Fen Research Project.

Open original source

CASE:42 Mountain Fen Restoration in Colorado: An Overview

Rod A. Chimner and David J. Cooper / International Peatland Society. Mountain Fen Restoration in Colorado: An Overview . 2012; 14th International Peat Congress. Pinpoint: Summary, final paragraph.

Open original source

CASE:43 Shoshone Frequently Asked Questions

Colorado River District. Shoshone Frequently Asked Questions . Current campaign page, accessed September 11, 2026. Pinpoint: Questions 2, 4, 6, 7, 11.

Open original source

CASE:44 Shoshone Water Court Application Filed

Colorado River District. Shoshone Water Court Application Filed . November 24, 2025. Pinpoint: Substantive paragraphs 1-5.

Open original source

CASE:45 Department of Interior releases $40 million award for the Shoshone Water Rights Preservation Project

Colorado River District. Department of Interior releases $40 million award for the Shoshone Water Rights Preservation Project . May 22, 2026. Pinpoint: Opening funding/status paragraphs.

Open original source

CASE:46 Instream Flow Water Acquisitions

Colorado Water Conservation Board. Instream Flow Water Acquisitions . Current undated program page, accessed September 2026. Pinpoint: Program description; Benefits; Example Projects.

Open original source

CASE:47 Colorado's Instream Flow and Natural Lake Level Program

Colorado Water Conservation Board. Colorado's Instream Flow and Natural Lake Level Program . August 21, 2019. Pinpoint: Slides 3, 11, 15, 17-22, 27-28.

Open original source

CASE:48 Inference for occupancy and occupancy dynamics

Allan F. O'Connell and Larissa L. Bailey / U.S. Geological Survey. Inference for occupancy and occupancy dynamics . 2011. Pinpoint: Publication abstract; DOI 10.1007/978-4-431-99495-4_11.

Open original source

CASE:49 Colorado Constitution

Colorado Office of Legislative Legal Services. Colorado Constitution . 2025 compilation. Pinpoint: Article XVI, sections 5-6.

Open original source

CASE:5 Eagle River Joint-Use Water Project, Project-00885

Colorado Department of Natural Resources project inventory. Eagle River Joint-Use Water Project, Project-00885 . Record created September 15, 2021; page accessed 2026. Pinpoint: Project description.

Open original source

CASE:50 State of Colorado v. Hill, 2023 CO 31

Colorado Supreme Court. State of Colorado v. Hill, 2023 CO 31 . June 5, 2023. Pinpoint: Paragraph 1 and standing disposition.

Open original source

CASE:51 Denver Water, Xcel enact plan to ease shortages

Heather Sackett / Aspen Journalism. Denver Water, Xcel enact plan to ease shortages . March 31, 2026; updated June 6, 2026. Pinpoint: Call relaxation; Western Slope benefit.

Open original source

CASE:52 Water Rights

Colorado Division of Water Resources. Water Rights . Current undated agency page, accessed September 2026. Pinpoint: Prior appropriation; administration; futile calls.

Open original source

CASE:53 DWR's Role in Stream Restoration Projects

Caleb Foy / Colorado Division of Water Resources. DWR's Role in Stream Restoration Projects . Undated presentation, accessed September 2026. Pinpoint: Slide 29, C.R.S. 37-92-502(3).

Open original source

CASE:54 Canada lynx critical habitat: correction

U.S. Fish and Wildlife Service / Federal Register. Canada lynx critical habitat: correction . July 29, 2026. Pinpoint: Correction to amendatory instructions; effective August 17, 2026.

Open original source

CASE:6 Colorado Wilderness Act, Public Law 96-560

United States Congress. Colorado Wilderness Act, Public Law 96-560 . December 22, 1980. Pinpoint: 102(a)(5), 104(b), 110; 94 Stat.3266, 3268, 3271.

Open original source

CASE:7 Holy Cross Wilderness Fund v. Madigan, 960 F.2d 1515

U.S. Court of Appeals, Tenth Circuit. Holy Cross Wilderness Fund v. Madigan, 960 F.2d 1515 . 1992. Pinpoint: Opening case history and disposition.

Open original source

CASE:8 Forest Service approves Whitney Creek geotechnical project

USDA Forest Service. Forest Service approves Whitney Creek geotechnical project . March 2021. Pinpoint: Announcement of investigation approval.

Open original source

CASE:9 Water Division 5, September 2023 Resume

Colorado Judicial Branch. Water Division 5, September 2023 Resume . September 2023. Pinpoint: Case 23CW3138; printed pp.15-27, related cases pp.24-25.

Open original source

FED-ECFR-17.11-LYNX 50 CFR 17.11(h), federal Canada lynx listing

17.11(h), Lynx, Canada [Contiguous U.S. DPS] row; eCFR displayed current to September 21, 2026. Official source checked September 23, 2026.

Open original source

HISTORY:S001 Southern Ute history

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S002 Southern Ute chronology

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S003 Colorado Encyclopedia

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S004 NPS Jackson exhibit

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S005 Thomas Moran painting

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S006 The Cross of Snow

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S007 Ute Mountain Ute Tribe

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S008 Ute Indian Tribe

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S009 1949 USGS map

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S010 USGS map archive

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S011 1961 court opinion

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S012 D.J. Arnold history

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S013 1987 Elliott-Weers retrospective

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S014 1979 federal opinion

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S015 Official Water Court record

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S016 Aurora overview

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S017 1967 dedication record

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S018 Conflict history

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S019 1983 Final EIS

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S020 High Country News

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S021 Colorado Supreme Court citation record

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S022 Agreement summary

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S023 Aspen Journalism

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S024 Forest Service decision

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S025 Aspen Journalism

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S026 Aspen Journalism

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S027 Fen community science

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S028 CSU Sustainable Water Plan

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S029 The Southern Ute Drum: the Tribe’s account

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S030 National Park Service, An Eye for History, pp. 82 & 84 (PDF)

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S031 Getty Museum: the original photograph

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S032 Hut Association: how the idea grew

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HISTORY:S033 10th Mountain Division Hut: its story

Existing page/timeline citation; pinpoint not recorded in legacy source. Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

HWA:S-COLLECTORS DWR five Homestake collector monthly records

WDIDs 3701253, 3701254, 3701255, 3701256, 3704644; total-capture water class 10000000 + WDID; 660 Approved monthly records in WY2014-2024; verified September 23, 2026. Archived at content/water/2026-09-23/collector-summary.csv.

Open original source

HWA:S-GP-ANNUAL Matched Gold Park annual inputs, WY2007-2024

18 annual rows; tunnel_export_13704614_af and flow_af_observed_days; verified September 23, 2026. Archived at content/water/2026-09-23/goldpark-matched-annual.csv.

Open original source

HWA:S-RAW Homestake raw evidence and reproducible code

Compact September 23 reproducible water bundle; Gold Park matched annual inputs, collector record and report-generation code. The complete original raw archive is retained with the project research. Use the manifest/checksums to distinguish later revisions with the same date.

Open original source

HWA:S-REDCLIFF DWR-published USGS 09064500 Red Cliff water-year flow

WY2007-2011, totalQAf; record dataSource=USGS; preserved September 20 vintage, daily-USGS cross-check September 23; verified September 23, 2026. Archived at content/water/2026-09-23/raw/redcliff-water-years.json.

Open original source

HWA:S-REPORT Homestake flow and basin findings, latest September 23 Gold Park revision

Plain-language Gold Park arithmetic; endpoint storage and recorded evaporation partial balance; separate Red Cliff comparison and five-intake collector record. Technical Companion and raw archive preserve methods, coverage and unresolved physical terms.

Open original source

HWA:S-RESERVOIR DWR Homestake Reservoir storage and evaporation accounts

Evaporation classes 36604, 36796, 178123; reservoir-stage-volume.json endpoints 2006-09-30 and 2024-09-30; verified September 23, 2026. Archived at content/water/2026-09-23/raw/reservoir-monthly.json.

Open original source

HWA:S-TOPOLOGY Gold Park collector and reservoir topology check

Six point/geometry containment checks; original URLs and hashes retained; verified September 23, 2026. Archived at content/water/2026-09-23/goldpark-topology-verification.json.

Open original source

HWA:S-TUNNEL DWR Homestake Tunnel monthly diversion records

Water class 13704614; Approved 216 monthly records for WY2007-2024; verified September 23, 2026. Archived at content/water/2026-09-23/raw/tunnel-monthly.json.

Open original source

HWA:S-USGS-GP USGS 09064000 Homestake Creek at Gold Park

Daily mean discharge 00060/00003, October 1, 2006 through September 30, 2024; 6,575 approved daily values, including 2,876 estimated-day qualifiers; verified September 23, 2026. Archived at content/water/2026-09-23/raw/usgs-gold-daily.json.

Open original source

HWA:S-WHITNEY-GAP Whitney-specific collection and dependable-yield records search

Latest raw package analysis_update/gap_search_whitney/followup_findings.md, source index and request addendum; verified September 23, 2026. Archived at content/water/2026-09-23/whitney-records-gap.md.

Open original source

HWF:FEN-2025 CNHP fen service comparison, September 23, 2026

Identical downstream query envelope returned 18 Potential Fen features from the older service and six Fens 2025 features; geometries differ. Preserve the dated older-service overlay pending source/version and polygon correspondence resolution.

Open original source

HWF:MODEL-OVERLAP Complete modeled inundation and wetland/fen inventory overlay

acrossAlternatives.uniqueMappedWetlandAndFenAreaSharedByEveryModeledAlternativeAcresExcludingMappedWater; unchanged model-input hashes

Open original source

HWF:OBS-20260923 iNaturalist Homestake observer aggregate

Fresh response 2026-09-23T22:40:52Z; total_results 102; observation_count sum 1,400. Sanitized aggregate retained.

Open original source

HWF:OBSERVERS-20260923 iNaturalist BioBlitz observers aggregate, September 23 check

total_results=102; 102 returned aggregate rows; summed observation_count=1400

Open original source

HWF:REGISTRY Homestake wildlife and flora occurrence record, v0.3

September 23 v0.3 evidence package and SQLite/CSV records. 1,400 BioBlitz observations; 229 terminal concepts, including 190 species-rank concepts; 618 Research Grade, 778 Needs ID and four Casual. Additional screened GBIF/locality records: 233, including 129 eBird-derived and 103 specimen records.

Open original source

HWF:S01 Homestake Valley BioBlitz live observation project

Seven observations pages and species-count endpoint; individual record URLs

Open original source

HWF:S02 2019 Whitney Reservoir Siting Study technical report, Appendix 1

Technical report pp. 16-20; Tables 2-3

Open original source

HWF:S03 Inventory of Fens in White River National Forest

Section 4.2; Tables 10-12; Appendix A; research inspected September 23, 2026. Full PDF inspected

Open original source

HWF:S04 Moose conservation and management

History of Moose in Colorado

Open original source

HWF:S05 Beaver species profile and conservation strategy

About; Habitat; Diet; Reproduction; strategy links

Open original source

HWF:S06 Boreal toad species profile

About; conservation/status

Open original source

HWF:S07 Wood frog species profile

Range; Habitat; Reproduction; Protection Status

Open original source

HWF:S08 Boreal chorus frog species profile

Habitat and Reproduction

Open original source

HWF:S09 Canada lynx critical habitat final designation news

Open original source

HWF:S10 Canada lynx species profile

Listing and habitat overview

Open original source

HWF:S11 Colorado River cutthroat trout species profile

About; Cutthroat Trout Taxonomy Research; research inspected September 23, 2026. Agency page inspected

Open original source

HWF:S12 Beaver dams and overbank floods influence groundwater-surface water interactions of a Rocky Mountain riparian area

Abstract and citation metadata; research inspected September 23, 2026. Agency-hosted abstract inspected

Open original source

HWF:S13 Classification and types of wetlands: fens

Fens

Open original source

HWF:S14 Climate change impacts on native cutthroat trout habitat in Colorado streams

Open original source

HWF:S15 Merlin Sound ID data sharing

Sound ID and sharing observations

Open original source

HWF:S16 Homestake BioBlitz audit

Open original source

HWF:S17 Olive-sided Flycatcher conservation priority

Birds of Conservation Concern species tables

Open original source

HWF:S18 Snowshoe hare profile

Habitat; Diet; Additional Information

Open original source

HWF:S19 2025 Colorado State Wildlife Action Plan

2025 species groups and tier lists

Open original source

HWF:S20 Homestake Roadless Area wildlife screening

Open original source

HWF:S21 Colorado Natural Heritage Program tracking lists

Current tracking table; V3-34

Open original source

HWF:S22 U.S. Fish and Wildlife Service, final Canada lynx critical-habitat rule

43732/PDF1 effective date; 43771/PDF40 Unit6 geography; 43772/PDF41 Unit6 map; 43768-43769/PDF37-38 boundary rule. Official source checked September 23, 2026.

Open original source

HWF:S23 Northern leopard frog species profile

Habitat; Reproduction; Protection Status

Open original source

HWF:S24 2025 State Wildlife Action Plan: invertebrate priorities

Open original source

HWF:S25 Fragmentation and thermal risks for native cutthroat

Open original source

HWF:S26 Homestake fen field records research

Open original source

HWF:S27 Final 2022 National Wetland Plant List, Western Mountains, Valleys and Coast region

2022 NWPL version 3.6; 3,407 entries; PDF-page locators per match

Open original source

HWF:S28 Rocky Mountain Subalpine-Montane Fen ecological system

Diagnostics; hydrology; vegetation; associations; research inspected September 23, 2026. CNHP system page inspected

Open original source

HWF:S29 Rocky Mountain Alpine-Montane Wet Meadow ecological system

Diagnostics; hydrology; vegetation

Open original source

HWF:S30 Western North American Emergent Marsh ecological system

Hydrology; vegetation; associations

Open original source

HWF:S31 Downstream effects of stream flow diversion on channel characteristics and riparian vegetation in the Colorado Rocky Mountains

Abstract; Methods; Table IV; pp. 586-598; research inspected September 23, 2026. Full primary-study PDF inspected

Open original source

HWF:S32 Moose species review

Habitat and food habits

Open original source

HWF:S33 Trends in Rocky Mountain amphibians and the role of beaver

Open original source

HWF:S34 Informed breeding dispersal following stochastic changes to patch quality

Abstract; DOI metadata; research inspected September 23, 2026. Agency-hosted abstract inspected

Open original source

HWF:S35 Amphibian population responses to mitigation: wetland age and design

Open original source

HWF:S36 Lincoln's Sparrow life history

Open original source

HWF:S37 Olive-sided Flycatcher life history

Open original source

HWF:S38 Mallard life history

Open original source

HWF:S39 Colorado Parks and Wildlife, lynx species profile

Protection Status; Threatened and Endangered. Official source checked September 23, 2026.

Open original source

HWF:S40 Bobcat species profile

Habitat; Diet; Reproduction

Open original source

HWF:S41 East Slope Mountain Lion Management Plan, 2024 draft appendix

Habitat and prey discussion; labeled 2024 draft

Open original source

HWF:S42 Black bear species profile

Species profile

Open original source

HWF:S43 Red fox species profile

Diet and Reproduction

Open original source

HWF:S44 Coyote species profile

Habitat; Diet; Reproduction

Open original source

HWF:S45 River otter species profile

State Threatened; Hydrology; Vegetation; Land Use

Open original source

HWF:S46 In search of the elusive Johnson's Hairstreak

Open original source

HWF:S47 Fragmentation and thermal risks to native trout in Colorado River Basin

Open original source

HWF:S48 Cytogeography of the subalpine marsh marigold polyploid complex

Open original source

HWF:S49 Platanthera dilatata herbarium account

Open original source

HWF:S50 Disease, drought, and warming: A triple threat to a declining high-elevation amphibian

Abstract; DOI metadata

Open original source

HWF:S51 Whitney Reservoir Geotechnical Studies: Wetland Resources

Open original source

HWF:V3-01 A high-altitude thermal infrared method for estimating moose abundance and demography in Rocky Mountain National Park, USA

Methods habitat-suitability model; Table 1; research inspected September 23, 2026. Full publisher text inspected through web retrieval

Open original source

HWF:V3-02 Eagle County Chapter VI

6.03.10; 6.04.01(15)-(20); Appendix A pp. iv-vi; research inspected September 23, 2026. Current published official PDF inspected

Open original source

HWF:V3-03 Eagle County active land use applications

2026 1041 amendment hearing dates and linked drafts

Open original source

HWF:V3-04 CPW Fish Distribution Schedule 2023

PDF p. 34, water 20622 and 67365; species-code legend; research inspected September 23, 2026. Full schedule PDF inspected

Open original source

HWF:V3-05 CPW Fish Distribution Schedule 2024

PDF p. 35, water 20622 and 67365; species-code legend; research inspected September 23, 2026. Full schedule PDF inspected

Open original source

HWF:V3-06 Rapid riparian ecosystem decline in Rocky Mountain National Park

Abstract; Methods; figures; research inspected September 23, 2026. Full primary-study text inspected

Open original source

HWF:V3-07 Effectiveness of Ditch Blockage for Restoring Hydrologic and Soil Processes in Mountain Peatlands

Abstract; Table 1; Results; research inspected September 23, 2026. Full author manuscript inspected

Open original source

HWF:V3-08 Influence of Water Table Levels on CO2 Emissions in a Colorado Subalpine Fen

Open original source

HWF:V3-09 National Wetland Plant List current notices

Final 2022 list; draft 2024 notice distinguished

Open original source

HWF:V3-10 Eagle River below Homestake fish and water-quality station

USGS 393030106224700

Open original source

HWF:V3-11 Rewetting does not return drained fens to their former state

Abstract; Methods

Open original source

HWF:V3-12 Fen mapping service metadata

Layer 0; returnGeometry=false

Open original source

HWF:V3-13 Wetland inventory service metadata

Layer 0

Open original source

HWF:V3-14 Downstream map methods

countsWithinDisplayFrame; provenance; limitations

Open original source

HWF:V3-15 Modeled wetland fen intersections

Modeled alternative/wetland-fen overlap rows

Open original source

HWF:V3-16 Fen ecosystem classification

Mapping methods and dataset context

Open original source

HWF:V3-17 Biological Survey of Eagle County, Colorado

Printed p. 159, PDF p. 162; Holy Cross City PCA; cottongrass account; research inspected September 23, 2026. Full historical agency/university report inspected

Open original source

HWF:V3-18 Beaver recolonization explains aquatic insect emergence patterns

Abstract; DOI 10.1086/734565; research inspected September 23, 2026. Publisher abstract inspected

Open original source

HWF:V3-19 Influence of beaver dam density on riparian areas and riparian birds in shrubsteppe of Wyoming

Abstract

Open original source

HWF:V3-20 The effect of the Grand Ditch on benthic invertebrates

Abstract

Open original source

HWF:V3-21 Reduced Streamflow From Water Diversion Alters Stream Ecology and Fish Behavior

Methods and Results; research inspected September 23, 2026. Full publisher text inspected

Open original source

HWF:V3-22 Beaver wetlands create a buzz and a flutter for pollinators

Methods and Results

Open original source

HWF:V3-23 Subalpine Montane Riparian Shrubland

Vegetation and wildlife species list

Open original source

HWF:V3-24 Status and Conservation of Boreal Toad 2006-2007

Printed pp. 36 and 76; site monitoring tables; research inspected September 23, 2026. Historical agency report inspected

Open original source

HWF:V3-25 CNHP current tracked plant communities

Natural Communities; backing data V3-34

Open original source

HWF:V3-26 CNHP current tracked vascular plants

Vascular Plants; backing data V3-34

Open original source

HWF:V3-27 CNHP current amphibian ranks

group=1 is not the linked amphibian group; correct interface links group=12

Open original source

HWF:V3-28 CNHP current mammal ranks

Mammals; backing data V3-34

Open original source

HWF:V3-29 Colorado elk account

Diet; Reproduction; research overview

Open original source

HWF:V3-30 Colorado mule deer account

Habitat; Diet; Reproduction

Open original source

HWF:V3-31 Mountain sucker

Open original source

HWF:V3-32 Long-tailed vole

Open original source

HWF:V3-33 Western jumping mouse

Open original source

HWF:V3-34 CNHP current tracking list, public read-only data response

2,214 returned rows; exact-name rank/status fields; accessed 2026-09-23; research inspected September 23, 2026. Public read-only table data inspected

Open original source

HWF:V3-35 Homestake discovery query and screened occurrence records

q=Homestake,country=US,stateProvince=Colorado; offsets 0/300; occurrence IDs

Open original source

HWF:V3-36 EOD - eBird Observation Dataset

Dataset 4fa7b334-ce0d-4e88-aaae-2e0c138d049e; DOI; record 5455274378

Open original source

HWF:V3-37 Fens (CNHP 2025), metadata and downstream query

Fens_2025/MapServer/0; six returned features

Open original source

HWF:V3-38 Zapus princeps

Open original source

HWF:V3-39 Western Water Shrew

Notes; scientific name

Open original source

HWF:V3-40 Sorex navigator

Taxonomy and Habitat

Open original source

HWF:V3-41 Beaver factsheet and habitat scorecard

Open original source

HWF:V3-42 How critical are the missing records? Latest Homestake flow gap assessment

Main conclusion; Exact pooled arithmetic; Limitations; research inspected September 23, 2026. Latest recovered findings read; original calculation package remains preserved

Open original source

HWF:V3-43 September 15, 2026 draft 1041 regulations for September 23 hearing

Cover; §§211,307(F)-(G),310,311,406(C),411-413

Open original source

LEGACY:S034 Eagle River Coalition monitoring program, Eagle Mine section

Eagle Mine monitoring section Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

LEGACY:S035 Colorado Basin Roundtable glossary: transbasin diversion

Transbasin diversion definition Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

LEGACY:S036 Colorado State University Water Knowledge: water uses

Consumptive use and return flows Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

LEGACY:S037 Aurora Water 2019 wilderness boundary concept map

Combined Whitney and Blodgett outline and up-to-497-acre label Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

LEGACY:S038 U.S. Army Corps of Engineers: Camp Hale, Colorado

Homestake Valley Range Complex and former training lands Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

LEGACY:S039 NASA Earth Observatory: Lake Powell Drops to Record Low Levels

September 18, 2026 report retained by Site Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

LEGACY:S040 Bureau of Reclamation: August 2026 reservoir storage record

Combined Powell and Mead storage statement Verification: URL and attribution recovered from authoritative repository; no new external source inspection in this audit.

Open original source

MUN-S01 Aurora Water: Innovation & Sustainability

By the numbers; Future Goals. Full web text inspected. Checked September 23, 2026.

Open original source

MUN-S02 Here's how Aurora's leading water conservation

Outdoor irrigation paragraph; 2022 ordinance paragraph; Prairie Waters paragraph. Full web text inspected. Checked September 23, 2026.

Open original source

MUN-S04 2025 Official Statement, City of Colorado Springs Utilities revenue bonds

Printed pp6,47,52-53; PDF pp12,53,58-59. Full PDF text inspected. Checked September 23, 2026.

Open original source

MUN-S05 Utilities Board Working Committee packet

PDF pp36,41-43 of 83; slides12,17-19. Full PDF text inspected. Checked September 23, 2026.

Open original source

MUN-S06 2022 Water Efficiency Plan

pp13,18,20 and Table5 pp21-23. Full PDF text inspected. Checked September 23, 2026.

Open original source

MUNICIPAL:MUN-S01 Aurora Water: Innovation & Sustainability

By the numbers; Future Goals

Open original source

MUNICIPAL:MUN-S02 Here's how Aurora's leading water conservation

Outdoor irrigation paragraph; 2022 ordinance paragraph; Prairie Waters paragraph

Open original source

MUNICIPAL:MUN-S03 Integrated Water Master Plan 2, External Version, Rev1

Section 2.2 p 14; Section 4.3 p 22

Open original source

MUNICIPAL:MUN-S04 2025 Official Statement, City of Colorado Springs Utilities revenue bonds

Printed pp6,47,52-53; PDF pp12,53,58-59

Open original source

MUNICIPAL:MUN-S05 Utilities Board Working Committee packet

PDF pp36,41-43 of 83; slides12,17-19

Open original source

MUNICIPAL:MUN-S06 2022 Water Efficiency Plan

pp13,18,20 and Table5 pp21-23

Open original source

MUNICIPAL:MUN-S07 The Eagle River Joint Use Water Project

p 1: Project partners and objective; p 2: ERMOU details

Open original source

MUNICIPAL:MUN-S08 Eagle River Joint-Use Water Project (Eagle River MOU), Project-00885

Project description; created 2021-09-15

Open original source

MUNICIPAL:MUN-S09 Aurora Water Treatment

Reclaimed Water

Open original source

MUNICIPAL:MUN-S10 Aurora Water fact sheets, reports and storage data

Master Plans

Open original source

WATER:TECH-01 DWR exports

Approved monthly class 13704614, WDID 3704614. Original SQLite and source packet.

Open original source

WATER:TECH-02 DWR collector accounts

WDIDs 3701253 / 3701254 / 3701255 / 3701256 / 3704644; total classes only.

Open original source

WATER:TECH-03 DWR reservoir and telemetry

WDID 3704516 stagevolume and monthly records; HOMOUTCO DISCHRG and DISCHRG2.

Open original source

WATER:TECH-04 DWR pilot release report

1 April 2021. PDF p. 20 calibration; Appendix A pp. 46-47 physical routing/two flumes.

Open original source

WATER:TECH-05 USGS daily discharge

09063900 Missouri, 09064000 Gold Park, 09064500 Red Cliff. Qualifiers preserved.

Open original source

WATER:TECH-06 USGS Gold Park station description

2003 annual record: gauge downstream from French. Current gauge area is 35.6 mi2; historic page says 36.0. NLDI/NHD polygons are modeled junction catchments.

Open original source

WATER:TECH-07 Official StateMod inputs

Upper Colorado cm2015 and Shoshone 2024 update, downloaded and independently parsed. Natural-flow record ends 2013.

Open original source

WATER:TECH-08 Rights and bypass sources

Live DWR netamount; June 2024 Division 5 resume, pp. 21-26; September 2023 resume, pp. 23-24; 2025 city exhibits. All direct URLs in rights source index.

Open original source

WATER:TECH-09 CSU ERJU factsheet

March 2022, 2 pages; current linked PDF re-fetched on research date.

Open original source

WATER:TECH-10 City File 26-058

Adopted 24 February 2026; signed Resolution 11-26 and related Otero/Wild Horse IGA documents.

Open original source

WATER:TECH-11 Cities’ final pilot verification

2 December 2021, PDF pp. 4-5 actual operations and non-refill finding.

Open original source

WATER:TECH-12 DWR outlet field measurements

HOMOUTCO, 19 entries through September 2026; raw values, remarks and qualifiers preserved.

Open original source

WATER:TECH-13 USBR storage and operations

Site 100120 daily storage and WY2024 operations report. Provisional series and endpoint comparisons in raw companion.

Open original source

WATER:TECH-14 River Watch and EPA

Water Quality Portal CORIVWCH_WQX-744; EPA NRSA UIDs 2012967/2013227/2014612. Query URLs and downloaded rows in source manifest.

Open original source

WATER:TECH-15 USBR PAP-1088

July 2014, printed pp. 1, 3-4; PDF pp. 7, 9-10. Tunnel flume calibration, distinct from dam-outlet records.

Open original source

WATER:TECH-16 Eagle River Inventory

2005 CSU-authored assessment, author-hosted copy; printed pp. 84-94 historical hydrology.

Open original source

WATER:TECH-17 Aurora Wild Horse update

13 February 2026 South-site announcement and February 2026 presentation Q&A.

Open original source

WATER:TECH-18 Red Cliff preserved annual flow

DWR-published USGS totals, retrieved 20 September 2026; original source redcliff-year and hash in database.

Open original source

Preserved master source register

The historical master register below retains its numbered entries and all research detail. Read its numeric IDs as MASTER:1, MASTER:2 and so on; ecology entries retain HWF prefixes. Original research dates remain attached.

Save Homestake source register

Dated update: Wildlife/flora v0.3 was integrated September 23, 2026 in Section I below. Earlier entries retain their original research dates and numbering.

Research cutoff: September 12, 2026. This register supports the public case, legal and scientific appendix, and comprehensive case concerning the proposed Whitney Reservoir and Eagle River Joint Use Water Project. It gives priority to primary law, official project records, agency data, and peer-reviewed science. A source's inclusion does not mean every statement in it is accepted. The Limits field states the principal caution against overclaiming.

A. Project history, design, and agency record

MASTER:1. Eagle River Joint Use Water Project Memorandum of Understanding

Publisher/author: City of Aurora, City of Colorado Springs, Colorado River Water Conservation District, Climax Molybdenum Company, and Vail Consortium Date/version: Executed April 21, 1998 URL: Executed MOU Supports: Project objectives, alternatives, yield allocations, phased participation, permitting commitments, and the parties' preliminary finding that Homestake-based alternatives presented potentially significant wetland-inundation and wilderness-encroachment concerns. Limits: It is a party agreement, not a permit or present-day environmental finding. Eagle County is not a signatory. No public third-party enforcement right has been established, and amendments or successor agreements still must be obtained. Useful pinpoint: Sections II, III.C, III.D, and V; PDF pp. 1-10.

MASTER:2. Whitney Reservoir drilling application and technical report

Publisher/author: Homestake Partners, submitted to USDA Forest Service Date/version: June 25, 2019 application; later addendum in the Forest Service scoping file URL: Application and technical report Supports: Four historical dam-alignment investigation areas, thirteen published investigation coordinates, proposed borings and seismic work, temporary access, and the applicant's description of the work as a fatal-flaw-level siting study. Limits: It concerns investigation, not a selected reservoir design. It does not establish a final pool, dam, pump station, road, power, pipeline, borrow, spoil, or hydrologic-effect footprint. Useful pinpoint: SF-299 project description and the technical report's alternatives, access, boring, and coordinate tables.

MASTER:3. Whitney Creek Geotechnical Project decision memorandum

Publisher/author: USDA Forest Service, White River National Forest, Eagle-Holy Cross Ranger District Date/version: Signed March 2021 URL: Forest Service Project 58221 record Supports: Authorization of ten borings, two pedestrian geophysical lines, about 2,693 feet of temporary access, mitigation, and the agency's express reservation of any future reservoir or Eagle River Joint Use project for separate review and permitting. Limits: The page status Completed refers to the geotechnical authorization record. It is not approval of reservoir construction, and its environmental findings were calibrated to a small, temporary action. Useful pinpoint: Decision Memo, Purpose and Need, Decision, Environmental Impacts, Findings Required by Other Laws, and Future Proposals; PDF pp. 1-10.

MASTER:4. Whitney Reservoir Geotechnical Studies: Wetland Resources

Publisher/author: ERO Resources Corporation for Homestake Partners and USDA Forest Service Date/version: October 9, 2020 URL: Project 58221, Attachment D Supports: Seven scientists surveyed 1,117 acres in 2016; the memorandum reports more than 200 wetland acres, 27.08 acres of open water, 111 sample points, and field or laboratory evidence concerning potential fens, including W23. It also records that the geotechnical work was designed to avoid wetlands. Limits: The totals describe the survey area, not the impact acreage of a selected reservoir. The underlying June 12, 2017 final-draft delineation, raw GIS, soil logs, and laboratory file were not found in the public archive. Avoiding wetland fill during drilling does not predict reservoir impacts. Useful pinpoint: Memorandum pp. 1-4 and maps in the attachment; wetland complexes W22, W23, W28, and W33b.

MASTER:5. Biological Assessment and FWS concurrence for the geotechnical investigation

Publisher/author: USDA Forest Service and U.S. Fish and Wildlife Service Date/version: Assessment dated September 23, 2020; concurrence dated October 26, 2020; included in the 2021 decision record URL: Project 58221, Attachment B Supports: Canada lynx use and habitat context, the Holy Cross Lynx Analysis Unit, geotechnical action-area analysis, limited temporary-effects rationale, and the document's reinitiation language. Limits: It predates the final 2026 Colorado lynx critical-habitat designation and analyzes temporary investigation, not reservoir inundation, permanent access, pumping, power, or operating effects. Reinitiation of an older authorization depends on the regulatory triggers and retained agency discretion; a future permanent reservoir authorization is a new federal action. Useful pinpoint: Assessment sections on Action Area, Canada Lynx, Effects, Conservation Measures, and Reinitiation; FWS concurrence pages at the front of Attachment B.

MASTER:6. Biological Evaluation for the geotechnical investigation

Publisher/author: ERO Resources Corporation and USDA Forest Service Date/version: September 22, 2020, revised October 9, 2020 URL: Project 58221, Attachment C Supports: Existing vegetation and wildlife baseline, species screening, an American marten observation, detection of Olive-sided Flycatchers, survey dates, and effect conclusions for the limited investigation. Limits: Species lists and effect calls are tied to the small temporary footprint and 2020 information. They cannot be carried forward as absence findings or effect determinations for a permanent reservoir system. The Forest Plan appendix's inclusion of Olive-sided Flycatcher on a list reflecting May 2009 does not establish current Region 2 or White River National Forest sensitive status. Useful pinpoint: Species tables and accounts; Olive-sided Flycatcher discussion; American marten observation; survey-method appendices.

MASTER:7. Recreation, Wilderness, and Roadless Area Review

Publisher/author: ERO Resources Corporation for Homestake Water Project Partners Date/version: October 9, 2020 URL: Project 58221, Attachment E Supports: Heavy recreational use, proximity to Holy Cross Wilderness, roadless-area overlap, applicable management context, and estimated temporary investigation noise, including drills reported at 80-100 dBA and the seismic source at 170 dBA. Limits: The analysis assumes short-duration geotechnical activity. It does not evaluate permanent pumps, generators, transmission facilities, altered access, reservoir recreation, or long-term changes to solitude and undeveloped character. Useful pinpoint: Technical Memorandum sections on recreation, wilderness character, Colorado Roadless Areas, noise, and mitigation; PDF pp. 1-12.

MASTER:8. Cultural Resource Survey, Whitney Reservoir Siting Study

Publisher/author: ERO Resources Corporation for Confluence Water Consulting and USDA Forest Service Date/version: February 2021, based on a June 2020 Class III survey URL: Project 58221, Attachment F Supports: The narrow 5.2-acre geotechnical area of potential effects, prior resources in the surrounding landscape, the historic Homestake Road's eligibility context, and avoidance or monitoring commitments. Limits: It is not a cultural survey of a reservoir, inundation zone, haul system, road relocation, transmission corridor, pipeline, or indirect visual and auditory effects. Agency outreach to three Ute Tribes for this limited action is not consent to a future reservoir. Sensitive site locations should not be publicly reproduced. Useful pinpoint: Survey scope and APE, previous investigations and resources, Homestake Road evaluation, recommendations, and consultation record.

MASTER:9. The Eagle River Joint Use Water Project fact sheet

Publisher/author: Colorado Springs Utilities and Aurora Water Date/version: March 2022 URL: Project fact sheet Supports: Proponent description of a potential 6,850-20,000 acre-foot lower-Homestake reservoir, collection and pumpback concept, investigation status, participant yield goals, and later need for definitive delineation and permits if a feasible configuration is identified. Limits: It is a two-page proponent summary, not final engineering, a current demand model, or an agency authorization. Storage capacity, average annual yield, firm yield, and annual pumping are different measures. Useful pinpoint: Both pages, especially Project Benefits, Project Features, Project Status, and Next Steps.

MASTER:10. Water Division 5 diligence applications and 2026 related pleading

Publisher/author: Colorado Judicial Branch, District Courts, Water Divisions 5 and 2; filings by or concerning the Homestake Partners Date/version: June and September 2023 resumes; April 2026 Water Division 2 resume URL: June 2023 Water Division 5 resume, Case 23CW3087, September 2023 Water Division 5 resume, Case 23CW3138, and April 2026 Water Division 2 resume Supports: The applicants' allegations about diligence for conditional structures and exchanges, claimed integrated-system relationships, and continued pursuit of the 1998 MOU project. The later Division 2 pleading is a current lead for related system activity that counsel should trace across the complete dockets. Limits: Resumes summarize applications and pleadings. Applicant allegations are not adjudicated findings, conditional water rights are not construction permits, and a Water Division 2 filing does not establish the current status of Water Division 5 cases. Obtain the complete dockets, decrees and current registers of actions. Useful pinpoint: Case 23CW3087 in the June 2023 resume; Case 23CW3138, printed pp. 15-27 of the September 2023 resume; and the identified Homestake-related entry in the April 2026 Water Division 2 resume.

MASTER:11. Colorado Springs Utilities Integrated Water Resource Plan

Publisher/author: Colorado Springs Utilities Date/version: 2017 adopted IWRP; May 19, 2025 update packet URL: 2017 IWRP and May 19, 2025 Utilities Board Working Committee packet Supports: The utility's portfolio-based need analysis, a modeled long-range supply gap, a 10,000 acre-foot assumed Colorado Springs share of the MOU project, conservation, reuse, agricultural transfers, other storage options, and the need to refine a permitable configuration. The 2025 packet documents an update process expected to continue through 2028 and identifies renewed work on demand, conservation, reuse, storage, climate and portfolio evaluation. Limits: The 2017 forecasts, costs, climate assumptions, conservation potential, and project timing are dated. The 2025 packet is planning material, not a final updated plan. Neither document selects Whitney or establishes that it is the least damaging practicable alternative under current conditions. Useful pinpoint: 2017 executive summary, Balanced Portfolio, alternative scoring, Eagle River MOU project description, implementation schedule and cost-class cautions; 2025 packet sections on IWRP update scope, schedule and workstreams.

B. Eagle County and Colorado law

MASTER:12. Eagle County Land Use Regulations, Chapter VI

Publisher/author: Eagle County Date/version: County-linked enacted compilation located September 12, 2026; PDF filename identifies May 2012 URL: Chapter VI, Areas and Activities of State Interest Supports: Current published 1041 applicability, application requirements, applicant burden, wetlands and natural-resource evidence, mandatory approval criteria, benefit-loss balancing, permit conditions, enforcement, and local review procedure. Limits: Obtain a certified current compilation and amendment history before litigation. Portal metadata and a file name are not a legal certification. Applicability and any grandfather claim require project-specific records. Useful pinpoint: Sections 6.01.04-.05; 6.03.01-.03; 6.03.06; 6.03.10; 6.04.01-.03; 6.05; Appendix A.

MASTER:13. Eagle County 1041 Regulations review draft

Publisher/author: Eagle County Date/version: Review Draft dated July 10, 2026; pending at the research cutoff URL: July 10, 2026 review draft and active application and hearing page Supports: Proposed whole-project definition, applicant burden, mandatory denial if any criterion fails, applicant-funded experts, fen, watershed, groundwater, hydrograph, wildlife, noise, diesel, cultural, least-adverse-alternative, and substitute-review provisions. It also identifies a live opportunity to strengthen the final rule. Limits: The draft is not law unless adopted. Transition, waiver, exemption, FONSI, cross-reference, and final-adoption language can materially change its effect. Hearing dates must be rechecked. Useful pinpoint: Sections 105(C), 201(B), 204(A), 307, 331-332, 401, 406, and 434-435.

MASTER:14. Colorado Areas and Activities of State Interest Act

Publisher/author: Colorado General Assembly Date/version: Linked Title 24 compilation is 2024; certified current text must be checked at filing URL: 2024 C.R.S. Title 24 compilation Supports: County authority to designate and regulate water projects, adopt more protective criteria tied to statutory purposes, require a permit, deny for noncompliance, and create a written record. It also preserves water-right law and contains a narrow May 17, 1974 grandfather rule. Limits: Local regulation cannot become an arbitrary prohibition unrelated to statutory objectives. The precise current text and project-specific grandfather facts must be established. Useful pinpoint: C.R.S. Sections 24-65.1-106, -107, -202, -203, -402, and -501.

MASTER:15. City of Colorado Springs v. Board of County Commissioners of Eagle County

Publisher/author: Colorado Court of Appeals Date/version: 895 P.2d 1105, decided 1994 URL: Published opinion Supports: A project-specific Colorado precedent upholding Eagle County's prior Homestake denial where the record supported failure of mandatory criteria, deficient wetland mitigation, rare-plant harm, nuisance, and benefit-loss findings. It also holds that decreed water rights do not entitle the holder to build any chosen configuration. Limits: It upheld a different project and record. It does not pre-judge Whitney or eliminate preemption, grandfathering, evidence, and current-code questions. Useful pinpoint: 895 P.2d at 1109-16, especially wetlands at 1110-13 and water rights and alternatives at 1115-16.

MASTER:16. Colorado House Bill 24-1379 and Homestake fish-and-wildlife provisions

Publisher/author: Colorado General Assembly and Governor of Colorado Date/version: Signed May 29, 2024 URL: Signed act, bill history, C.R.S. Section 37-60-122.2, and Colorado Parks and Wildlife Chapter W-16 Supports: Colorado's response to federal jurisdictional contraction after Sackett, creation of a state dredge-and-fill authorization program for state waters, mitigation framework, and amendments concerning fish and wildlife review. The statute and CPW rule also identify a Homestake-specific exemption whose text must be tested against the exact Whitney components and approval history. Limits: The statute does not categorically ban fen impacts and preserves specified water-right limitations, exemptions, exclusions, and transition rules. Implementing Regulation 87 supplies much of the operative detail. The Homestake fish-and-wildlife exemption is not a blanket exemption from county, federal, water-quality, wildlife, or environmental review, and its application to each new component requires legal and factual analysis. Useful pinpoint: H.B. 24-1379 legislative findings, Section 2, pp. 2-4; dredge-and-fill program provisions, Sections 3-4; fish-and-wildlife provisions, Section 5, especially signed-act pp. 25-28; C.R.S. Section 37-60-122.2; CPW Chapter W-16, Homestake Water Project provision.

MASTER:17. Colorado Water Quality Control Act dredge-and-fill provisions

Publisher/author: Colorado General Assembly Date/version: Current public statutory compilations checked September 12, 2026 URL: C.R.S. Section 25-8-103, Section 25-8-205.1, and Section 25-8-104 Supports: State waters expressly include wetlands; the statute authorizes individual and general dredge-and-fill review, requires mitigation in specified cases, excludes fens from the isolated-state-waters general-authorization shortcut, and defines limits related to water rights and material injury. Limits: Unofficial public reproductions should be compared with certified current text. Statutory coverage still requires a discharge into a covered, nonexcluded water, and the program cannot lawfully administer water rights beyond its authority. Useful pinpoint: Sections 25-8-103(19), 25-8-205.1, and 25-8-104.

MASTER:18. Regulation 87, Dredge and Fill Control Regulation

Publisher/author: Colorado Water Quality Control Commission Date/version: Adopted February 9, 2026; effective March 30, 2026; Rule Version 12462 URL: Official Regulation 87 PDF Supports: State coverage of nonexcluded state waters regardless of federal WOTUS status, subject to transition and federal-coordination provisions; activity-as-a-whole review; purpose and need; practicable alternatives; incorporated Section 404(b)(1) prohibitions; functional assessment; mitigation; CPW consultation; applicant burdens; official applicability determinations; monitoring; ongoing-operations agreements; modification; and enforcement. Fens are treated as difficult to replace, and lack of appropriate practicable mitigation may prevent authorization where the independent state framework applies. Limits: There is no categorical Colorado fen-fill ban. Applicability may turn on federal permitting, grandfathering, exclusions, exemptions and the exact discharge. When all predicates for a qualifying major federal action affecting WOTUS and non-WOTUS waters are met, Section 87.6(4) requires reliance on federal preapplication work and Corps LEDPA/public-interest review and limits the state authorization to compensatory mitigation for qualifying non-WOTUS waters. Groundwater itself is excluded from the dredge-and-fill authorization, specified temporary standards exceedances are deemed compliant absent acute toxicity or a drinking-water exceedance, and water-right limitations remain material. Useful pinpoint: Sections 87.2-.6, 87.10, and 87.11, especially 87.3(4) transition provisions and 87.3(7) official determinations; 87.6(4) federal coordination; 87.6(7)(e)(iv) and (f); 87.6(13)(c) ongoing operations; 87.8(1)(e) Temporary Authorization transition; and 87.10(1)(b), (3)(g)(iii).

MASTER:19. Regulation 31, Basic Standards and Methodologies for Surface Water

Publisher/author: Colorado Water Quality Control Commission Date/version: Effective December 31, 2024; Rule Version 11749 URL: Official Regulation 31 PDF Supports: Wetland definitions and classifications, interim wetland standards, reviewable-water antidegradation, significant-degradation screens, alternatives, and necessity analysis. These provisions can require a water-quality record for both construction and operation. Limits: Antidegradation is not a general ecological veto and requires a pollutant or water-quality nexus. Statutory constraints limit some minimum-flow and material-injury conditions. Useful pinpoint: Sections 31.5(44), 31.7(1)(b)(iv), 31.8, and 31.13(1)(e); PDF pp. 6, 12-13, 21-27, and 47-48.

MASTER:20. Regulation 33, Upper Colorado River Basin classifications

Publisher/author: Colorado Water Quality Control Commission Date/version: Current version effective December 31, 2025; source status checked September 12, 2026 URL: Official rule page Supports: Segment-specific classifications for Homestake Creek and tributary wetlands, including Reviewable status for the relevant mainstem and ordinary tributary segments and a Homestake-specific footnote affecting certain wilderness Outstanding Waters. Limits: The exact project location must be matched to the certified current segment table. It is inaccurate to state that all Homestake waters are Outstanding Waters or that the footnote eliminates all other protections. Useful pinpoint: Appendix 33-1, segments COUCEA01, COUCEA03, and COUCEA04, including the Homestake Water Project footnote.

MASTER:21. Regulation 82, Section 401 Water Quality Certification Regulation

Publisher/author: Colorado Water Quality Control Commission Date/version: Effective January 31, 2025 URL: Official Regulation 82 rule page Supports: A separate state certification gate for covered federal licenses or permits, including construction and operation impacts, public notice, lawful conditions, written findings, and denial where compliance cannot be assured even with conditions. Limits: It applies only when a covered federal license or permit may result in a discharge. Water-right and material-injury limits may constrain available conditions. Useful pinpoint: Sections 82.1, 82.3(C), 82.4, 82.5, and 82.6.

MASTER:22. Wild Horse Reservoir Regulation 87 record and Aurora statements

Publisher/author: Colorado Department of Public Health and Environment and Aurora Water Date/version: Individual Authorization application deemed complete August 2026; public notice September 4, 2026; pages checked September 12, 2026 URL: CDPHE project docket, Aurora state review page, project alternatives, FAQs, Aurora water innovation, Aurora water sources, and Aurora mountain supply Supports: A live Regulation 87 comparator from the same municipal proponent, Aurora's screening of more than twenty options, Aurora's published conservation, reuse and system-capacity context, and Aurora's statement that existing-system improvements, conservation, and reuse can meet projected community demand through 2075 without added storage but not its emergency-reserve objective. Limits: Wild Horse is a separate, approximately 90,000 acre-foot off-channel proposal with a distinct water source and purpose. It neither proves Whitney is unnecessary nor proves that it is needed. The defensible use is to require reconciliation of shared assumptions, capacity, alternatives, and marginal reliability benefits. Useful pinpoint: CDPHE application and public-notice materials; FAQ question on project need and emergency reserves; alternatives screening and LEDPA discussion; Aurora pages describing Prairie Waters, conservation, reuse, storage and mountain supply.

C. Federal wetland permitting and environmental review

MASTER:23. Clean Water Act Sections 404 and 401

Publisher/author: United States Congress Date/version: Current United States Code text checked September 12, 2026 URL: 33 U.S.C. Section 1344 and 33 U.S.C. Section 1341 Supports: Federal authorization for discharges of dredged or fill material into jurisdictional waters, EPA oversight, general-permit authority and recapture, and state certification for federally licensed or permitted activities that may result in a discharge. Limits: Federal Section 404 jurisdiction is feature-specific after Sackett. Neither statute independently establishes that a particular Homestake fen is WOTUS or that a proposed project requires a particular permit without final design and jurisdictional facts. Useful pinpoint: Section 404(a)-(c), (e), (f)(2), (o), and (t); Section 401(a) and (d).

MASTER:24. Clean Water Act Section 404(b)(1) Guidelines

Publisher/author: U.S. Environmental Protection Agency Date/version: 40 C.F.R. Part 230, current eCFR text checked September 12, 2026 URL: 40 C.F.R. Part 230 Supports: No discharge may be permitted if a practicable alternative would cause less aquatic harm without other significant adverse environmental consequences, the discharge would cause prohibited degradation, or impacts have not been minimized. If material information remains insufficient at the determination stage, Section 230.12(a)(3)(iv) requires a noncompliance finding. The rules require written determinations addressing cumulative and secondary aquatic effects and expressly identify fluctuating impoundment and downstream water levels from dam operation. They also identify dewatering, permanent flooding and altered water movement as wetland effects, direct use of demonstrated restoration methods or small-scale pilots for novel methods, and comparison of the lost ecosystem with the proposed replacement. Limits: The Guidelines apply to a discharge within federal jurisdiction. The water-dependency presumption, feasible alternatives, and significance findings remain fact-sensitive and receive administrative deference when adequately supported. Useful pinpoint: Sections 230.10-.12, especially 230.10(a)-(d), 230.11(g)-(h), 230.12(a)(3)(iv), 230.41(b), 230.75(d), and 230.77(c)-(d).

MASTER:25. Compensatory mitigation for losses of aquatic resources

Publisher/author: U.S. Army Corps of Engineers and U.S. Environmental Protection Agency Date/version: 33 C.F.R. Part 332, final rule issued in 2008; current eCFR text checked September 12, 2026 URL: 33 C.F.R. Part 332 and 2008 final rule record Supports: Avoidance and minimization precede compensation; fens are expressly recognized as difficult to replace; in-kind compensation and greater assurance may be required; ratios may exceed 1:1; and temporal loss matters. When compensatory mitigation is required for an individual permit, Section 332.4(c)(1)(i) requires the applicable final mitigation plan to be approved before permit issuance and incorporated by reference. Limits: The regulation does not ban all fen fills. It gives the district engineer discretion over method, ratios, performance standards, monitoring, and assurances, subject to a reasoned record. Required documentation differs for permittee-responsible, mitigation-bank, and in-lieu-fee approaches, and some plan elements may be placed directly in enforceable permit conditions. Useful pinpoint: Sections 332.3(a)-(b), (d)-(f), (h), (k), and (m)-(n); 332.4(b)-(c); 332.6.

MASTER:26. 2026 Nationwide Permits and Colorado Regional Conditions

Publisher/author: U.S. Army Corps of Engineers, including Albuquerque and Omaha Districts Date/version: National permits published January 8, 2026; Colorado conditions effective March 15, 2026 through March 15, 2031 URL: 2026 national NWP final rule and Colorado regional conditions Supports: Limits and notice rules for roads, temporary access and dewatering, electric utilities, and water lines; anti-stacking and endangered-species conditions; and Colorado Regional Condition 3, which revokes most nationwide permits for actual dredged or fill discharges in qualifying Histosol peatlands, including fens and bogs. Limits: Regional Condition 3 does not itself establish a qualifying Histosol or federal jurisdiction and does not bar an individual permit. Some nationwide permits remain available subject to notice and other conditions. Useful pinpoint: NWP 14, 33, 57, and 58; General Conditions 18, 22, 23, and 28; preconstruction-notice requirements; Colorado Regional Conditions 1 and 3.

MASTER:27. Joint guidance on basic and overall project purpose

Publisher/author: U.S. Environmental Protection Agency and U.S. Army Corps of Engineers Date/version: January 2026 URL: Joint purpose guidance Supports: The Corps must exercise independent judgment, define a generic basic purpose and a sufficiently broad overall purpose, and avoid a site-locked formulation that predetermines the alternatives outcome. The guidance gives a directly relevant future-water-supply example and identifies conservation, reuse, aquifer storage, existing storage, gravel pits, off-channel storage, smaller facilities, and portfolios as possible alternatives categories. Limits: Guidance is not a regulation and does not decide practicability. Legitimate applicant objectives may be considered, and alternatives must meet the properly defined purpose. Useful pinpoint: PDF pp. 2-4, especially the reliable-future-water-supply example.

MASTER:28. Corps public-interest, application-scope, and general-permit regulations

Publisher/author: U.S. Army Corps of Engineers Date/version: Current eCFR text checked September 12, 2026 URL: 33 C.F.R. Section 320.4, Section 325.1, Part 330, and Section 333.18 Supports: Public-interest review includes conservation, wetlands, water supply, energy, safety and cumulative considerations. Section 320.4(b) treats wetlands as complete and interrelated systems and generally disfavors alteration of important wetlands unless benefits outweigh damage; Section 320.4(m) requires consideration of demand reduction and efficiency to minimize new supply. An individual-permit application must disclose activities reasonably related to the same project. The district engineer may require individual review, related activities cannot automatically be segmented into separate general-permit packages, and Section 333.18(c)(4) requires the same scope for environmental consequences and alternatives as for project benefits. Limits: Same project and single and complete project are regulatory terms, not unlimited authority over every regional consequence. Scope depends on functional dependence, Corps control and responsibility, and the actual discharge. Scope-benefit symmetry does not independently expand jurisdiction. Useful pinpoint: Section 320.4(a), (b), (m), and (r); 325.1(b) and (d)(2); 330.1(d), 330.2(i), 330.5, and 330.6(d); 333.18(c)(1)-(4).

MASTER:29. Current WOTUS definition and continuous-surface-connection guidance

Publisher/author: U.S. Army Corps of Engineers and U.S. Environmental Protection Agency Date/version: 33 C.F.R. Section 328.3 current text; joint memorandum dated March 12, 2025 URL: Current WOTUS definition, 2025 joint memorandum, and current implementation page Supports: The current federal jurisdictional test for adjacent wetlands and agency interpretation of direct abutment or touching, discrete features, and case-specific temporary interruptions. It makes an approved jurisdictional determination and accurate surface-connection mapping a threshold task. Limits: Ecological groundwater dependence does not by itself establish federal jurisdiction. Agency guidance can change, and every wetland requires site-specific analysis. Colorado Regulation 87 may apply independently to state waters. Useful pinpoint: Section 328.3(a) and (c)(2); memorandum pp. 4-6.

MASTER:30. Sackett v. Environmental Protection Agency

Publisher/author: Supreme Court of the United States Date/version: 598 U.S. 651, decided May 25, 2023 URL: Official opinion Supports: Federal wetland jurisdiction requires a covered relatively permanent water and a continuous surface connection making the wetland difficult to distinguish from that water. It explains why WOTUS cannot be presumed from the ecological label fen. Limits: The case narrows federal jurisdiction, not state wetland authority. It does not determine the status of Homestake Creek or any mapped wetland without current factual work. Useful pinpoint: 598 U.S. at 671 and 678-79; slip opinion pp. 20-27.

MASTER:31. Holy Cross Wilderness Fund v. Madigan

Publisher/author: U.S. Court of Appeals for the Tenth Circuit Date/version: 960 F.2d 1515, decided 1992 URL: Published opinion Supports: The most important adverse project-specific precedent. The court upheld Homestake II federal approvals against a record containing a categorical no-wetland-loss condition, extensive baseline work, repeated alternatives review, and an unusual permit-first sequence followed by deferred mitigation planning. Limits: It does not immunize Whitney. Whitney would be a different action under later mitigation rules, later project records, post-Sackett jurisdiction, new Colorado law, and current wildlife designations. Still, a complete modern record could receive similar deference, so the case must be confronted rather than omitted. Useful pinpoint: 960 F.2d at 1518-29, including alternatives, wetlands, mitigation planning, and the court's description of the review sequence.

MASTER:32. Utahns for Better Transportation v. U.S. Department of Transportation

Publisher/author: U.S. Court of Appeals for the Tenth Circuit Date/version: 305 F.3d 1152 (2002), modified 319 F.3d 1207 (2003) URL: Opinion text Supports: Agencies must verify important alternatives and cost assumptions; a permit cannot issue when available information is insufficient for the required Guidelines determination. It also addresses independent utility and the distinct scope of CWA cumulative effects. Limits: It is not a reservoir case and later law governs NEPA scope. The opinion does not require maximal detail on every issue or make any asserted alternative practicable without proof. Useful pinpoint: 305 F.3d at 1179-80 and 1186-92.

MASTER:33. Greater Yellowstone Coalition v. Flowers

Publisher/author: U.S. Court of Appeals for the Tenth Circuit Date/version: 359 F.3d 1257, decided 2004 URL: Opinion Supports: An important adverse alternatives precedent: the Corps may consider legitimate applicant objectives, scale analysis to impacts, and receive deference when its practicability and aquatic-effects record is supported. Limits: Deference is earned by a coherent record. The case does not authorize a purpose definition designed to eliminate alternatives or excuse unresolved data material to a permit finding. Useful pinpoint: 359 F.3d at 1269-75.

MASTER:34. Seven County Infrastructure Coalition v. Eagle County and current Army NEPA procedures

Publisher/author: Supreme Court of the United States and U.S. Department of the Army Date/version: Seven County, 605 U.S. 168 (2025); Army interim final rule effective in 2025 URL: Official Supreme Court opinion, 33 C.F.R. Part 333, and Army rulemaking record Supports: The current, adverse boundary on expansive NEPA theories: agencies receive substantial deference on scope and generally need not analyze effects of separate projects they cannot prevent. Part 333 supplies current Corps procedures for permit NEPA review, alternatives, significance, applicant material, and public process. Limits: NEPA is procedural and does not compel denial. The decision does not allow an agency to omit reasonably foreseeable effects of the facility it actually authorizes or dependent components within its control. Useful pinpoint: Seven County, 605 U.S. at 177-92; 33 C.F.R. Sections 333.17-.18, .20, .22-.23, .35-.36, .51, and .61.

D. Federal land, wildlife, wilderness, and cultural resources

MASTER:35. Endangered Species Act Section 7 and consultation regulations

Publisher/author: United States Congress and U.S. Fish and Wildlife Service Date/version: Current statutory and regulatory text checked September 12, 2026 URL: 16 U.S.C. Section 1536, 50 C.F.R. Section 402.02, 50 C.F.R. Section 402.14, and 50 C.F.R. Section 402.16 Supports: Each federal agency must ensure its action is not likely to jeopardize a listed species or destroy or adversely modify critical habitat, using the best scientific and commercial data available. Consultation covers the action area, not merely the federal parcel or fill footprint, and may produce reasonable and prudent alternatives or measures. Adverse modification considers the value of the designation as a whole, and Section 402.16 identifies when consultation on an existing action must be reinitiated. Limits: Critical-habitat overlap is not an automatic project prohibition, and local harm is not automatically adverse modification. A federal nexus, complete action description, species or habitat effects, and consultation record are required. Reinitiation requires the rule's predicates, including retained federal involvement or control where specified. Useful pinpoint: 16 U.S.C. Section 1536(a)(2), (b)-(d); 50 C.F.R. definitions of action, action area, and destruction or adverse modification; Sections 402.14(a)-(c) and (g)-(i); and 402.16.

MASTER:36. Final revised Canada lynx critical-habitat designation

Publisher/author: U.S. Fish and Wildlife Service Date/version: 91 Fed. Reg. 43,732, published July 16, 2026; effective August 17, 2026; corrected July 29, 2026 URL: Final rule and correction Supports: First final Canada lynx critical habitat in Colorado, including Unit 6, Southern Rockies, and the physical or biological features and special-management considerations relevant to federal review. The official shapefile supports a reproducible screen showing ten of thirteen 2019 investigation points inside the final polygon. Limits: Investigation points are not a reservoir footprint, and overlap does not itself establish adverse modification of the designation as a whole. Existing developed irrigation infrastructure exclusions must be read carefully, but proposed new facilities are not categorically excluded by that label. Useful pinpoint: Unit 6 description, physical or biological features, effects of designation, exclusions, maps, effective date, and accompanying final GIS dataset.

MASTER:37. White River National Forest Land and Resource Management Plan

Publisher/author: USDA Forest Service Date/version: 2002 Forest Plan, as amended; current amendment status must be confirmed URL: White River National Forest plan materials Supports: Mandatory and discretionary direction for water and aquatic resources, wetlands, groundwater-dependent systems, wildlife habitat, recreation, roadless and wilderness-adjacent management, and management area 5.41 deer and elk winter range. The plan also contains the S1 permanent-development lynx-connectivity standard and specific American Indian Rights and Interests standards protecting important cultural areas and sensitive traditional knowledge. Limits: Standards, guidelines, and desired conditions have different legal force. The correct current plan and all amendments must be assembled, and a site-specific consistency analysis or plan amendment may be required. An appendix reflecting a May 2009 sensitive-species list does not establish a species' current Region 2 or forest status. Useful pinpoint: Main plan printed p. 2-36/PDF p. 73; Forestwide Water and Aquatic Resources direction; management area 5.41 direction on forage, birthing, winter and spring disturbance, semiprimitive setting, and roads; Canada lynx Standard S1; plan appendices AA and EE.

MASTER:38. Forest Service special-use screening, NFMA consistency, and federal wetland avoidance

Publisher/author: USDA Forest Service, United States Congress, and Executive Office of the President Date/version: Current federal law checked September 12, 2026; Executive Order 11990 dated May 24, 1977 URL: 36 C.F.R. Section 251.54, 16 U.S.C. Section 1604(i), and Executive Order 11990 Supports: A new use of National Forest System land requires screening and authorization; Forest Service actions must be consistent with the governing forest plan; and federal agencies must avoid support of new construction in wetlands when a practicable alternative exists and minimize unavoidable harm. Limits: These authorities are not categorical bans. Screening, consistency, plan amendment, valid-existing-rights, statutory exceptions, and the agency's control over specific facilities are fact-dependent. Useful pinpoint: 36 C.F.R. Section 251.54(e); 16 U.S.C. Section 1604(i); Executive Order 11990 Sections 1(a)-(b) and 2(a)-(b).

MASTER:39. Colorado Roadless Rule

Publisher/author: USDA Forest Service Date/version: 36 C.F.R. Part 294, Subpart D, current eCFR text checked September 12, 2026 URL: Colorado Roadless Rule Supports: Restrictions and findings governing tree cutting, road construction, and linear facilities in Colorado Roadless Areas. The rule defines linear facilities to include pipelines, electrical power lines, dams, reservoirs, and water-conveyance structures, and can require an EIS for significant alteration of undeveloped character. Limits: Homestake is a general roadless area, not an upper-tier area. The rule contains preexisting-water-right and water-conveyance exceptions, and overlap does not automatically prohibit a project. Survey-quality boundaries and complete facility routes are needed. Useful pinpoint: Section 294.41 definitions; Section 294.42 tree cutting; Section 294.43 road construction and reconstruction; Section 294.44 linear construction zones; and Section 294.45 environmental documentation and EIS requirements.

MASTER:40. Colorado Wilderness Act of 1980

Publisher/author: United States Congress Date/version: Public Law 96-560, enacted December 22, 1980 URL: Statutes at Large PDF Supports: Holy Cross Wilderness designation, preservation of specified Homestake conditional water rights and project interests, and the express no-buffer provision. It defines the exact statutory terrain for claims about wilderness infringement. Limits: The statute contains unusually project-specific language favorable to the Homestake interests. Proximity alone is not a Wilderness Act veto. The selected facility footprint, historical right, indirect effects, and scope of any claimed exception must be mapped and analyzed precisely. Useful pinpoint: Sections 102(a)(5), 104(b), and 110; 94 Stat. 3266, 3268, and 3271.

MASTER:41. National Historic Preservation Act Section 106, implementing regulations, and Pueblo of Sandia

Publisher/author: United States Congress, Advisory Council on Historic Preservation, and U.S. Court of Appeals for the Tenth Circuit Date/version: Current statute and regulations checked September 12, 2026; Pueblo of Sandia v. United States, 50 F.3d 856, decided March 14, 1995 URL: 54 U.S.C. Section 306108, 36 C.F.R. Part 800, and Pueblo of Sandia opinion Supports: A federal agency must define the area of potential effects, make a reasonable and good-faith identification effort, assess direct and indirect effects, consult SHPO and Tribes, and seek resolution before approval. Pueblo of Sandia holds that a form request alone was inadequate where the agency had notice of likely traditional cultural properties, failed to pursue information, disregarded relevant Tribal communications, and did not account for cultural limits on disclosure. Limits: Section 106 is principally procedural and often results in avoidance, documentation, treatment, or an agreement rather than project denial. Pueblo of Sandia turned on a specific record under an earlier regulatory version. It does not require public disclosure of confidential cultural information, presume a Homestake property exists, or allow advocates to speak for Tribes. Prior no-concern responses for limited drilling cannot be treated as consent to a reservoir. Useful pinpoint: 54 U.S.C. Section 306108; 36 C.F.R. Sections 800.2, 800.3, 800.4, 800.5, 800.6, and 800.11(c); Pueblo of Sandia, 50 F.3d at 859-62.

MASTER:42. Camp Hale-Continental Divide National Monument proclamation

Publisher/author: President of the United States Date/version: Proclamation 10476, October 12, 2022; 87 Fed. Reg. 63,381 URL: Official proclamation Supports: Ute cultural history, 10th Mountain Division and military landscape context, monument objects, valid-existing-rights language, and standards for expansion or construction of water infrastructure within the monument. Limits: The public-layer screen places the 2019 Whitney investigation points more than five kilometers from the monument. This is landscape, cultural, cumulative, and alternatives context, not evidence of direct monument overlap or an automatic prohibition. Useful pinpoint: 87 Fed. Reg. at 63,383-84 and 63,387, including monument objects and water-infrastructure provisions.

E. Fen hydrogeology, restoration, and replacement science

MASTER:43. Federal fen background and groundwater-dependent-ecosystem field methods

Publisher/author: U.S. Environmental Protection Agency, USDA Forest Service, Rodney A. Chimner, and David J. Cooper Date/version: EPA page updated January 15, 2026; Forest Service General Technical Report WO-86b issued 2012; mountain-peatland manual issued 2024 URL: EPA, Classification and Types of Wetlands: Fens, Forest Service GDE Level II Inventory Field Guide, and Mountain Peatland Restoration: Assessment, Goals, and Approaches Supports: Fens depend principally on groundwater and upslope inputs; peat formation can span millennia; source areas and hydroperiod matter; and project review can use structured hydrogeologic, soil, vegetation, water-quality, and disturbance methods rather than a simple wetland-line buffer. The restoration manual identifies reservoir construction as a peatland disturbance and explains that excessive or prolonged inundation can kill peatland plants, especially mosses. Limits: These are general agency sources, not a Homestake delineation, peat-age measurement, jurisdictional determination, or quantified Whitney impact model. Useful pinpoint: EPA Fens, Functions and Values, and Status sections; Forest Service guide chapters on conceptual models, water sources, flow paths, monitoring, soils, and vegetation; mountain-peatland manual discussion of reservoir disturbance and excessive inundation.

MASTER:44. Inventory of Fens in the White River National Forest

Publisher/author: Patricia Laughlin, Joanna Lemly, and Gabrielle Smith, Colorado Natural Heritage Program for USDA Forest Service Date/version: Final report, July 2025 URL: CNHP final report Supports: Forest-wide aerial interpretation and field verification; 8,946 potential fen polygons, including 271 confirmed and 1,366 likely fens; conservation recommendations; and watershed-level results of 56 confirmed or likely fens totaling 86 acres in French Creek-Homestake Creek HUC12 and nine totaling 45 acres in Whitney Creek-Homestake Creek HUC12. Limits: HUC12 totals are not project-impact acreage, a legal delineation, or proof that a particular polygon is a fen. Public screening can miss sites. Raw GIS, field data, and exact overlap with the full project and groundwater capture area are still required. Useful pinpoint: Executive Summary; Methods pp. 7-12; Table 1; Appendix A pp. 41-43.

MASTER:45. Corps South Pacific Division uniform mitigation performance standards

Publisher/author: U.S. Army Corps of Engineers, South Pacific Division Date/version: 2012 technical guidance URL: Uniform Performance Standards table Supports: Corps technical recognition that organic-dominated slope wetlands and fens require type-specific hydrology, soil, vegetation, monitoring, and performance measures, rather than acreage shallow water or vegetation survival as full replacement. Limits: This is regional technical guidance, not the controlling nationwide mitigation rule and not a Whitney permit condition. The district engineer retains site-specific authority. Useful pinpoint: Rows and notes for organic-dominated slope wetlands and fens; hydrology, substrate, vegetation, monitoring, and contingency measures.

MASTER:46. Compensating for Wetland Losses Under the Clean Water Act

Publisher/author: National Research Council, National Academies Date/version: 2001 URL: National Academies report Supports: Independent synthesis finding persistent shortcomings in wetland-compensation practice and emphasizing watershed context, functions, hydrogeomorphic setting, enforceable performance standards, long-term stewardship, and avoidance before compensation. Limits: It predates the 2008 federal mitigation rule and is not specific to mountain fens or Whitney. Its value is institutional background and design principles, not a prediction of project outcome. Useful pinpoint: Executive Summary and chapters on goal setting, site selection, hydrology, performance, monitoring, and institutional responsibility.

MASTER:47. Fens of the United States

Publisher/author: Barbara L. Bedford and Kevin S. Godwin Date/version: Wetlands 23, 2003, pp. 608-629 URL: Article PDF Supports: Peer-reviewed synthesis of fen distribution, groundwater and geochemical controls, landscape connections, biodiversity, and mismatch between ecological systems and fragmented legal treatment. Limits: It is national and conceptual. It does not establish the hydrologic source area, age, condition, or project effects of a Homestake fen. Useful pinpoint: Sections on definition, hydrology, landscape connection, biodiversity, and scientific connection versus legal isolation; DOI 10.1672/0277-5212(2003)023[0608:FOTUSD]2.0.CO;2.

MASTER:48. Rocky Mountain fen carbon accumulation and water-table response

Publisher/author: Rodney A. Chimner, David J. Cooper, and William J. Parton; Rodney A. Chimner and David J. Cooper Date/version: Wetlands 22, 2002, pp. 100-110; Canadian Journal of Botany 81, 2003, pp. 477-491; Soil Biology and Biochemistry 35, 2003, pp. 345-351 URL: Carbon accumulation paper, carbon dynamics paper, and water-table experiment Supports: Colorado-specific peer-reviewed evidence that high-elevation fen peat records and carbon accumulation span long periods and that water-table position strongly affects carbon dioxide exchange. It supports testing drawdown duration and frequency, not only average water level. Limits: These studies do not date any Homestake peat deposit or establish a universal water-table threshold. Carbon balance varies by site, season, methane, temperature, and vegetation. Useful pinpoint: Methods and results on peat chronology, net carbon accumulation, hydrologic modification, and experimental water-table levels.

MASTER:49. Restoring vegetation of mined Southern Rocky Mountain peatlands

Publisher/author: David J. Cooper and Lee H. MacDonald Date/version: Restoration Ecology 8, 2000, pp. 103-111 URL: Article record Supports: Colorado field comparison showing that mined peatlands retained far fewer species than intact reference fens after recovery periods extending to roughly four decades, supporting caution about vegetation and ecosystem equivalence after peat destruction. Limits: Peat mining is a severe-impact analogue, not a measured prediction for every reservoir or mitigation method. The study does not evaluate the CMC transplant experiment. Useful pinpoint: Study sites, reference comparison, species richness results, and restoration implications; DOI 10.1046/j.1526-100x.2000.80016.x.

MASTER:50. Ditch blockage and recovery of mountain peatland processes

Publisher/author: Daniel W. Schimelpfenig, David J. Cooper, and Rodney A. Chimner Date/version: Restoration Ecology 22, 2014, pp. 257-265 URL: Publisher DOI Supports: Colorado evidence that blocking drainage improved summer water tables and net ecosystem carbon-dioxide exchange while important peat physical properties remained different from reference conditions after about twenty years. It separates selected hydrologic and carbon-exchange responses from full soil-process recovery. Limits: It concerns drained peatlands and ditch repair, not reservoir inundation, excavation, or the CMC project. It does not prove that restoration never works. Useful pinpoint: Hydrology and soil-property comparisons, recovery-time discussion, and management implications; DOI 10.1111/rec.12053.

MASTER:51. Short-term wetland success criteria and long-term outcomes

Publisher/author: M. Adam and coauthors Date/version: Restoration Ecology 32, 2024, e14231 URL: Open article Supports: Revisit of a 12-wetland Colorado mitigation program deemed successful after year-five criteria were met over sufficient area. At year fifteen, only 55 percent of 72 sampled plots met the study's reference-community outcome. The result shows that early program-level compliance can mask divergent later plot trajectories. Limits: It includes mountain wetlands, not exclusively fens, and uses defined ecological metrics rather than a legal conclusion. It does not establish how a particular Whitney mitigation site would perform. Useful pinpoint: Methods, year-five versus year-fifteen classification, reference-community comparison, and conclusions; DOI 10.1111/rec.14231.

MASTER:52. Hydrologic similarity does not guarantee similar plant communities

Publisher/author: Jason P. Sueltenfuss and David J. Cooper Date/version: Restoration Ecology 27, 2019, pp. 1137-1144 URL: Article record Supports: Peer-reviewed evidence that restored wetlands can attain hydrologic conditions resembling references without developing comparable plant communities, reinforcing the need for multiple independent performance endpoints. Limits: Study sites and restoration pathways are not identical to Homestake fens. Hydrologic similarity remains necessary even though it is not sufficient. Useful pinpoint: Reference-site design, hydrologic and vegetation comparisons, and management conclusions.

MASTER:53. Structural and functional loss in restored wetlands

Publisher/author: David Moreno-Mateos and coauthors Date/version: PLOS Biology 10, 2012, e1001247 URL: Open article Supports: Global meta-analysis finding that restored and created wetlands commonly retain persistent structural and functional deficits for decades and, in some cases, much longer. It supports temporal-loss and uncertainty analysis. Limits: The dataset spans many wetland classes and regions. It is corroborating evidence, not a Whitney-specific forecast or proof that every restoration will fail. Useful pinpoint: Abstract, recovery trajectories, climate and size effects, and supporting data; DOI 10.1371/journal.pbio.1001247.

MASTER:54. Rewetting does not return drained fens to their former state

Publisher/author: J. Kreyling and coauthors Date/version: Nature Communications 12, 2021, article 5693 URL: Open article Supports: Multisite European evidence that rewetted fens can remain compositionally and biogeochemically different from near-natural reference fens, even when wetness returns. It directly supports the distinction between rewetting and ecosystem equivalence. Limits: European drained fens are not intact Colorado slope fens, and the study does not establish a legal impossibility of restoration. Use it as independent mechanism and outcome corroboration. Useful pinpoint: Study design, vegetation and biogeochemical ordination, legacy effects, and conclusions; DOI 10.1038/s41467-021-25619-y.

MASTER:55. Soil translocation for plant-community restoration

Publisher/author: G. M. Gerrits and coauthors Date/version: Journal of Applied Ecology 60, 2023, pp. 714-724 URL: Open manuscript Supports: Quantitative synthesis of soil or turf translocation showing highly variable and generally limited similarity to donor or reference communities, short monitoring in much of the literature, and donor-site costs. It is directly relevant when peat-block or vegetation transfer is proposed as replacement. Limits: Studies cover varied ecosystems and methods, not only fens. Translocation may aid establishment, but it does not by itself prove replacement of groundwater-regulated peat-forming function. Useful pinpoint: Effect-size results, community-similarity results, monitoring-duration distribution, donor impacts, and recommendations; DOI 10.1111/1365-2664.14364.

MASTER:56. Restoration acceleration, constructed-fen initiation, and hydrochemical trajectory

Publisher/author: J. M. Allan and coauthors; Andrea K. Borkenhagen and David J. Cooper; Kathleen M. Biagi, Michelle G. Clark, and Sean K. Carey; Kathleen M. Biagi and Sean K. Carey Date/version: Restoration Ecology 32, 2024; Journal of Applied Ecology 53, 2016; Ecological Engineering 166, 2021; Journal of Hydrology: Regional Studies 39, 2022 URL: Vegetation-recovery meta-analysis, fen initiation study, constructed watershed hydrology, and six-year hydrochemistry Supports: Affirmative evidence that enhanced intervention can accelerate selected vegetation endpoints and that engineered systems can establish shallow groundwater and some fen-initiation conditions, while water balance, salinity, hydrochemistry, marsh drift, and continuing artificial support can constrain long-term self-regulation and equivalence. Limits: The meta-analysis concerns predominantly temperate or boreal Sphagnum systems and vegetation endpoints. Alberta post-mining reclamation is not a direct analogue for an intact Southern Rocky Mountain fen. These studies demonstrate technical possibility and significant uncertainty, not categorical success, failure, or full functional replacement. Useful pinpoint: Modeled 20- to 35-year vegetation trajectories under enhanced intervention; design and initiation criteria; water-balance results; hydrochemical evolution; dependence on engineered inputs; and stated long-term uncertainties.

MASTER:57. Rocky Mountain Fen Demonstration Project record

Publisher/author: Colorado Water Conservation Board; Johnson Environmental Consulting; Aspen Journalism Date/version: CWCB Water Supply Reserve Account materials, 2007; consultant project summary accessed September 2026; Aspen Journalism report published November 18, 2019 and updated April 21, 2021 URL: 2007 CWCB project fact sheets, Johnson Environmental Consulting, Fens, and Aspen Journalism project report Supports: A Rocky Mountain fen demonstration involving Colorado Mountain College, a participating scientist's favorable account, and a journalistic report of 67 plant species at the receiver after one growing season versus 10 at the degraded donor. The same report said it was too early to know whether the project could serve as reservoir mitigation. These sources identify the correct project and prevent conflation with unrelated ditch-restoration research. Limits: None is an independently peer-reviewed, long-term performance report establishing reference-like composition, abundance, bryophytes, hydrochemistry, peat-forming function, carbon balance, donor debit, self-sustaining hydrology, or equivalence. Early species richness is encouraging but not whole-fen replacement. The located record supports the reported early establishment result, but no public long-term evidence establishing full functional replacement was found. Useful pinpoint: CWCB Rocky Mountain Fen Demonstration Project entry; consultant page sections on Restoration and Rocky Mountain Fen Research Project; Aspen Journalism paragraphs reporting design, one-season richness and the then-uncertain mitigation conclusion.

F. BioBlitz, wildlife, spatial, and community evidence

MASTER:58. Homestake Valley BioBlitz live project and API snapshot

Publisher/author: iNaturalist; project maintained by Homestake community-science organizers Date/version: Project created July 14, 2022; API snapshot queried September 12, 2026 URL: Project page, project API, observation count, species counts, observers, and Corps National Wetland Plant List downloads Supports: A dated API audit of 1,400 observations, 618 Research Grade, 778 Needs ID, four Casual, 229 terminal taxa, 190 distinct species-rank terminal taxa, 115 species-rank taxa with at least one Research Grade observation, and 102 uploader accounts. Five identified field days contain 86.6 percent of the records. A taxon-and-synonym crosswalk against the Corps' final 2022 Western Mountains, Valleys and Coast list found 17 obligate-wetland taxa in 125 observations and 29 facultative-wetland taxa in 285 observations, totaling 410 wetland-indicator records, 304 Research Grade. The audit retrieved all seven 200-record pages and grouped quality grade, observer, observation date, taxon, reported location accuracy, observation license and each attached medium's license. Of 2,323 photographs, 607 displayed no media-license value in the API response. The records also provide georeferenced survey leads, subject to reported positional accuracy and field verification, including a Research Grade Olive-sided Flycatcher, Thicket Hairstreak and Indiscriminate Cuckoo Bumble Bee records, peatmoss leads, and clusters containing component taxa of tracked fen or wet-meadow communities. Limits: It is a dynamic collection project with no date or observer restriction, not a fixed BioBlitz census. Counts, identifications, place membership and license fields can change. A missing media-license value does not prove that no license exists; it means the audit did not establish an open reuse license. The approximately 2,254-acre search polygon is not an official Whitney footprint. Thirty-three records predate project creation and the first organized event; most records are plants; major taxa are excluded; coordinates vary in accuracy; and wetland-indicator occurrences do not establish vegetation dominance, hydric soils, hydrology, a delineation, jurisdiction, fen status or project overlap. Component taxa do not prove a plant association, listed species, population, abundance, absence, or project impact. Useful pinpoint: API project settings; seven 200-record observation pages; grouped license and observation fields; quality-grade counts; taxon filters; place 193310; final 2022 Corps list for the Western Mountains, Valleys and Coast region; observations 380521710, 171848241, 171851496, 315895414, 380492739, 231241653, and 230886532.

MASTER:59. BioBlitz event and grant record

Publisher/author: Wilderness Workshop, Eagle River Coalition, WildEarth Guardians, Denver Audubon, Rose Sandell, and Colorado Watershed Assembly Date/version: Public accounts for 2022-2026 events; pages checked September 12, 2026 URL: Wilderness Workshop 2022 account, Eagle River Coalition 2023 account, WildEarth Guardians 2023 account, Eagle River Coalition 2026 account, Denver Audubon Lois Webster Fund, archived 2024 grant guidelines, and 2025 Colorado Watershed Assembly outreach deck Supports: Event chronology, named organizers and experts, reported field stations and participant activity, reported bird, plant, algae and macroinvertebrate work, grant-supported ecological work, and a public outreach presentation. Denver Audubon's fund page summarizes moderate-to-high ecological integrity, bird-breeding habitat and wetland functions. The archived guidelines show that ordinary 2024 award terms called for midseason and final reports, a public article and a later presentation, making those materials targeted retrieval leads if the standard terms applied. Limits: Organizer, funder, presentation and news narratives are not substitute technical reports. The exact Homestake award, recipient, amount and applicable terms were not publicly established. The located outreach deck was not established as the grant-required technical deliverable. No complete protocol, raw bird survey, raw benthic or algae data, plot sheets, voucher catalog, peat logs, final grant report or presentation established as the grant deliverable was found. Reported ecological-integrity or nesting conclusions should not be repeated as scientific findings without those records. Useful pinpoint: Event descriptions and dates; named methods and experts; Denver Audubon Homestake grant summary; archived guideline reporting and presentation provisions.

MASTER:60. CNHP conservation status handbook and tracking lists

Publisher/author: Colorado Natural Heritage Program, Colorado State University Date/version: September 2025 tracking workbook and current data disclaimer URL: Tracking Lists and data disclaimer Supports: State and global conservation ranks, watchlist and fully tracked designations, and natural-community names used to screen BioBlitz taxa and prioritize expert surveys. Relevant leads include G2/S2 and S1 fen or wet-meadow associations. Limits: CNHP ranks are not federal or state statutory listings. Exact-name matching can miss synonyms, point proximity does not establish an association, database absence is not absence evidence, and Element Occurrence review requires qualified field data. Useful pinpoint: Digital Data Disclaimer; September 2025 workbook tabs for vascular plants, nonvascular plants, animals, and natural communities.

MASTER:61. Official wildlife conservation-priority references

Publisher/author: Colorado Parks and Wildlife and U.S. Fish and Wildlife Service Date/version: Colorado 2025 State Wildlife Action Plan, approved by the U.S. Fish and Wildlife Service in January 2026; Birds of Conservation Concern 2021 URL: Colorado 2025 State Wildlife Action Plan and FWS Birds of Conservation Concern 2021 Supports: Conservation-priority context for BioBlitz leads, including Thicket Hairstreak as a Colorado Tier 2 species and Olive-sided Flycatcher as a Bird of Conservation Concern in Bird Conservation Region 16. The SWAP also identifies information needs relevant to survey design. Limits: These are planning and conservation-priority designations, not ESA listings or project-effect findings. A single observation does not establish a nest, territory, population, corridor, or legally significant impact. Useful pinpoint: SWAP status and nonregulatory explanation; Thicket Hairstreak and Wilson's Snipe entries; FWS BCR 16 table, p. 29.

MASTER:62. Whitney public-layer spatial screening

Publisher/author: Save Homestake analysis using Homestake Partners, U.S. Fish and Wildlife Service, USDA Forest Service, and CNHP public data Date/version: Reproducible desktop analysis dated September 12, 2026 URL: 2019 source coordinates, 2026 lynx rule and GIS source, Forest Service Wilderness GIS service, Forest Service Colorado Roadless Areas GIS service, Forest Service Other National Designated Area GIS service, and CNHP fen mapping Supports: Reproducible screening shows ten of thirteen public 2019 investigation points inside final lynx critical habitat, one point inside the Homestake Colorado Roadless Area, no point inside Holy Cross Wilderness or Camp Hale National Monument, and several points near legacy potential-fen polygons. Limits: This is not a survey, jurisdictional determination, legal boundary opinion, official reservoir map, or effect finding. Investigation points are not the pool or construction footprint. Community-supplied Whitney A-D KML polygons have unverified provenance and should not be published as official acreage. Useful pinpoint: Official feature-service layers and dates, investigation coordinates, EPSG:32613 projection method, research/project-specific-spatial-analysis.md, research/analyze_spatial.py, and research/spatial/whitney-investigation-points-overlay.csv.

MASTER:63. Save Homestake Media Inbox screening review

Publisher/author: Save Homestake community evidence archive Date/version: 102 files reviewed September 12, 2026 URL: Private working archive, not publicly hosted Supports: Repeated visible elk, deer, and moose events in labeled camera zones; beaver footage; landscape, creek, wetland, and drilling documentation; and a foundation for a georeferenced camera-station and wildlife-use record. A SHA-256 manifest and sampled-frame contact sheets preserve provenance at the screening stage. Limits: It is not yet an effort-standardized occupancy, abundance, corridor, or population study. Most still images lacked usable GPS and date metadata; camera coordinates and deployment logs were not supplied; repeated triggers may show the same animal; and sensitive records require controlled disclosure and expert review. The unconfirmed 2017 image visually consistent with lynx is attributed by its folder to the separately proposed Blodgett area, not a verified Whitney footprint. Useful pinpoint: Media inventory, manifest, original filenames, extracted metadata, contact sheets, and the zone-by-species crosswalk under development.

G. Water rights, river protection, and Shoshone

MASTER:64. Vail Valley Consolidated Water District v. City of Aurora and reasonable diligence statute

Publisher/author: Colorado Supreme Court and Colorado General Assembly Date/version: 731 P.2d 665, decided 1987; current C.R.S. Section 37-92-301(4) compilation checked September 2026 URL: Vail Valley opinion and reasonable-diligence statute Supports: Colorado's integrated-system doctrine can allow work on one project component to count toward diligence on conditional rights, and absence of a governmental permit alone does not automatically defeat diligence. This explains why old rights can remain active while a configuration is unresolved. Limits: Diligence preserves a conditional water right; it does not approve Whitney's dam, footprint, land use, wetlands impacts, federal authorization, or environmental compliance. Current decrees and complete 2023 case dockets control the particular rights. Useful pinpoint: 731 P.2d at 668-72; C.R.S. Section 37-92-301(4)(b)-(c).

MASTER:65. Shoshone water rights preservation record and Colorado instream-flow law

Publisher/author: Colorado River Water Conservation District, Colorado Water Conservation Board, Colorado General Assembly, and U.S. Department of the Interior funding partners Date/version: River District FAQ current at cutoff; change application announced November 24, 2025; federal funding update May 22, 2026; C.R.S. Section 37-92-102(3) current compilation URL: Shoshone FAQ, Case 25CW3177 filing announcement, May 2026 funding update, CWCB acquisitions program, and C.R.S. Section 37-92-102 Supports: The River District describes the hydroelectric plant's nonconsumptive rights as 1,250 cubic feet per second with a 1902 priority and 158 cubic feet per second with a 1929 priority. Those priorities can constrain junior upstream depletions when the call is valid and water is available. The pending transaction seeks to preserve those priorities and add an instream-flow use through Colorado's existing legal mechanism. This is a serious firm-yield and alternatives input for Whitney. Limits: The cited public summaries are not certified decrees or a title opinion; official water-right records should control a filed analysis. Shoshone does not directly give Homestake Creek a new senior right, establish river personhood, or categorically bar Whitney. Call status can vary; outages, relaxations, exchanges, replacement water, historical-use limits, transaction closing, funding, and the pending water-court decree must be modeled and rechecked. Useful pinpoint: FAQ questions on priorities, operation, call, and transaction; Case 25CW3177; May 22, 2026 funding and closing status; C.R.S. Section 37-92-102(3).

H. Supplemental current authorities

MASTER:66. USDA National Environmental Policy Act procedures

Publisher/author: U.S. Department of Agriculture Date/version: 7 C.F.R. Part 1b, effective April 3, 2026; current eCFR text checked September 12, 2026 URL: Current 7 C.F.R. Part 1b Supports: USDA's current EA/EIS and significance framework, integration with NHPA and other environmental review, treatment of effects outside the immediate geography or later in time, and independent evaluation of applicant- or consultant-prepared material. Limits: NEPA is procedural. The agency may draw a reasonable and manageable causal line, and review of some separate actions outside USDA authority is discretionary under the current rule. Apply the rule to the project the Forest Service would authorize and effects caused by that action. Useful pinpoint: Sections 1b.2(f)-(g), 1b.5(b), 1b.7(g), 1b.10(a), and 1b.11(a)(12).

MASTER:67. Upper Colorado River endangered-fish depletion procedure

Publisher/author: U.S. Fish and Wildlife Service Date/version: 2024 decision tree, current agency page checked September 12, 2026 URL: Upper Colorado River Water Depletion Information and Decision Tree Supports: Project-specific accounting for new Upper Colorado Basin depletions affecting bonytail, Colorado pikeminnow, humpback chub, and razorback sucker. The decision tree generally routes new net depletions greater than 10 acre-feet per year into formal consultation. Limits: Reservoir capacity is not annual depletion. The accounting must address initial fill, refill, evaporation, seepage, exchanges, timing, and return flows. Recovery-program mechanisms often provide a compliance path, so the consultation trigger is not an automatic project prohibition. Useful pinpoint: Depletion threshold, consultation branches, covered species, and recovery-program route.

MASTER:68. Migratory Bird Treaty Act

Publisher/author: United States Congress and U.S. Fish and Wildlife Service Date/version: Current statutory and agency material checked September 12, 2026 URL: 16 U.S.C. Sections 703-712 and FWS Act overview Supports: Federal protection against prohibited take of covered migratory birds and the need to evaluate direct mortality pathways such as nest destruction or collision where the current law applies. Limits: Habitat alteration alone should not be described as automatic MBTA take. The governing take rule and enforcement policy can change and must be rechecked for the specific conduct and filing date. Useful pinpoint: 16 U.S.C. Section 703 and current FWS implementing materials.

MASTER:69. Participation, exhaustion, and review deadlines

Publisher/author: Eagle County, Colorado Supreme Court and Court of Appeals, Colorado Water Quality Control Commission, U.S. Army Corps of Engineers, USDA Forest Service, United States Congress, and Colorado General Assembly Date/version: Agency materials checked September 12, 2026; C.R.C.P. linked from the 2023 official OLLS compilation; Regulation 87 Rule Version 12462; Rigato v. Duran decided 2026 URL: Eagle County Chapter VI, C.R.C.P. 106(b), 2023 official compilation, Rigato v. Duran, 2026 COA 33, Regulation 87, Regulation 21, Regulation 82, C.R.S. Section 25-8-205.1, C.R.S. Section 25-8-403, C.R.S. Section 25-8-404, 33 C.F.R. Section 325.3, 36 C.F.R. Part 218, 16 U.S.C. Section 1540(g), and C.R.S. Section 25-8-611 Supports: Working deadlines and issue-preservation rules for a County FONSI request and Rule 106 review; Regulation 87 comments, Individual Authorization reconsideration and adjudicatory-hearing paths; final General Authorization reconsideration; direct review of a Notice of Coverage or Temporary Authorization; formal proceedings for final Section 401 and antidegradation decisions; Corps hearing requests; Forest Service objections; and ESA citizen-suit notice. Section 25-8-611 does not create a general Colorado Water Quality Control Act citizen suit. Limits: Publication, service, party status, finality, exceptions, extensions, reconsideration, rehearing, and claim-specific rules can change the calculation. Different Regulation 87 instruments have different review paths. This is a calendar warning, not a limitations opinion. Recheck the live notice and current law immediately and use the shortest plausibly applicable period until counsel confirms otherwise. Useful pinpoint: Chapter VI Section 6.03.03(4)(b); C.R.C.P. 106(b); Rigato paragraphs 30-38; Regulation 87 Sections 87.6(6)(d), 87.6(12), 87.6(14), 87.7(7), 87.8(1)(e), 87.8(2)(b), and 87.8(5); Regulation 21 Sections 21.4 and 21.16; Regulation 82 Section 82.5(B); C.R.S. Sections 25-8-205.1, 25-8-403, and 25-8-404; 33 C.F.R. Section 325.3; 36 C.F.R. Part 218; 16 U.S.C. Section 1540(g); C.R.S. Section 25-8-611.

MASTER:70. Reservoir water-level fluctuation and methylmercury mechanism

Publisher/author: Chris S. Eckley, Todd P. Luxton, Jennifer Goetz and John McKernan; U.S. Environmental Protection Agency-affiliated research team Date/version: Environmental Pollution 222 (2017): 32-41 URL: Full peer-reviewed article in PubMed Central Supports: At the studied Oregon reservoir affected by a historic mercury mine, sediment and porewater methylmercury concentrations were more than three times higher in seasonally fluctuating areas than in permanently inundated sediment. The study supports a scientifically plausible link among drawdown and rewetting, redox and sulfate cycling, dissolved organic carbon, and methylmercury production. It justifies site-specific screening of organic-rich soils and reservoir operating scenarios. Limits: The site had a known historical mercury source and differs from Homestake in geology, chemistry, hydrology, climate and operation. The study does not establish elevated mercury, methylmercury production, fish exposure or a water-quality violation at Whitney. Use it to design baseline and predictive testing, not as a project-impact conclusion. Useful pinpoint: Abstract; Sections 3.1-3.4; Figure 2; discussion of water-level fluctuation, porewater sulfate, dissolved organic carbon and methylmercury.

MASTER:71. Gross Reservoir Section 404 decision and pending appeal

Publisher/author: U.S. District Court for the District of Colorado; appeal pending in the U.S. Court of Appeals for the Tenth Circuit Date/version: District-court order October 16, 2024; consolidated Tenth Circuit appeals Nos. 25-1137, 25-1231 and 25-1299 argued July 31, 2026; status checked September 12, 2026 URL: District-court order and Tenth Circuit oral-argument listing Supports: The district court applied the Section 404(b)(1) Guidelines' sufficient-information requirement to a Colorado municipal reservoir expansion and found unresolved future hydrology and climate information material to practicability and LEDPA analysis. It is a close procedural and factual analogue for insisting that Whitney's firm yield, hydrology, climate stress and alternatives be resolved before a permit finding. Limits: The decision is a district-court ruling on its own administrative record and was on appeal at the research cutoff. It is not settled Tenth Circuit law, does not determine Whitney, and should be rechecked immediately before any filing. Useful pinpoint: 2024 WL 4519201 at *24-30; 40 C.F.R. Section 230.12(a)(3)(iv); consolidated appellate dockets Nos. 25-1137, 25-1231 and 25-1299.

MASTER:72. Forest Service Rocky Mountain wetland and riparian historical-range synthesis

Publisher/author: Edward Gage and David J. Cooper; USDA Forest Service Rocky Mountain Research Station Date/version: General Technical Report RMRS-GTR-286WWW, 2013 URL: Official Forest Service report PDF Supports: Regional synthesis of fen formation, hydrology, peat accumulation, carbon, disturbance, drought and fire. It reports Colorado peat accumulation commonly on the order of 1 to 5 centimeters per century and examples of dated profiles between about 6,180 and 11,820 years, with site-specific depths and rates. It also explains that saturation usually limits peat combustion while prolonged drying can remove that resistance. Limits: It synthesizes regional literature and is coauthored by a prominent Colorado fen researcher. It does not date Homestake peat, define a universal rate, prove a Whitney hydrologic effect or establish a project-specific fire outcome. Useful pinpoint: Chapter 6, especially the fen development, carbon, disturbance and fire sections and cited Colorado chronology table.

MASTER:73. EPA Two Forks Section 404(c) determination and judicial review

Publisher/author: U.S. Environmental Protection Agency; U.S. District Court for the District of Colorado Date/version: EPA final determination November 23, 1990; federal-court decision 1996 URL: EPA final determination, EPA Section 404(c) chronology, and Alameda Water & Sanitation District v. Reilly Supports: EPA used Section 404(c) to prohibit the proposed disposal site for Colorado's Two Forks municipal water-supply impoundments after evaluating unacceptable aquatic, fishery, wildlife and recreation effects and alternatives. The determination survived the cited Colorado federal-court challenge. It shows that Section 404(c) can operate as a substantive backstop for a Colorado reservoir on an exceptional record. Limits: EPA initiation is discretionary and rare; private parties cannot command it. Two Forks was far larger and arose from a different site, purpose, resource, alternatives and administrative record. It does not establish that Whitney will cause an unacceptable adverse effect or that EPA will act. Useful pinpoint: Final determination's project-purpose, aquatic-resource, alternatives and unacceptable-adverse-effect findings; 930 F. Supp. at 491-96.

MASTER:74. Audubon Society of Greater Denver v. U.S. Army Corps of Engineers

Publisher/author: U.S. Court of Appeals for the Tenth Circuit Date/version: 908 F.3d 593, decided November 5, 2018 URL: Published opinion Supports: Binding adverse Colorado-reservoir precedent upholding the Chatfield storage-reallocation permit after the Corps quantified demand, timing, reliability, cost, alternatives and effects. The court accepted a narrower Clean Water Act scope because the regulated fills relocated existing facilities and were treated as incidental to a congressionally authorized reallocation in an existing reservoir. Limits: Chatfield does not determine whether a Whitney dam or other fill is indispensable to creation of a new reservoir, and it does not immunize an unsupported purpose, alternatives or effects record. It warns that a reasoned and quantified agency record receives substantial deference. Useful pinpoint: 908 F.3d at 603-09 and 618-24.

MASTER:75. Section 401 minimum-flow authority and federal certification clock

Publisher/author: Supreme Court of the United States and U.S. Environmental Protection Agency Date/version: PUD No. 1, 511 U.S. 700, decided 1994; 40 C.F.R. Part 121 current text checked September 12, 2026 URL: PUD No. 1 opinion, 40 C.F.R. Part 121, C.R.S. Section 25-8-104, and Colorado Regulation 82 Supports: PUD No. 1 establishes the general federal proposition that a minimum-flow certification condition can protect a designated aquatic-life use when lawful under the certifying state's law. The federal agency sets a reasonable certification period; the current default if none is set is six months, the maximum is one year, and failure or refusal to act within the period can waive certification. Limits: Colorado law expressly prevents the Commission or Division from requiring a minimum stream flow or minimum water level and restricts denial or conditions causing material injury to water rights. PUD No. 1 arose under Washington law and does not override those Colorado limits. Current federal rules limit certification to water-quality-related impacts, and the live federal notice may set a shorter period. Useful pinpoint: 511 U.S. at 711-20; 40 C.F.R. Sections 121.6 and 121.9.

MASTER:76. EPA pre-application and post-permit Section 404(c) authority

Publisher/author: U.S. Environmental Protection Agency and U.S. Court of Appeals for the D.C. Circuit Date/version: Current 40 C.F.R. Part 231; Mingo Logan merits decision issued 2016 URL: 40 C.F.R. Section 231.1 and Mingo Logan Coal Co. v. EPA, 829 F.3d 710 Supports: EPA can initiate Section 404(c) consideration before a permit application and, under persuasive D.C. Circuit authority, can retain withdrawal authority after Corps permit issuance when it reasonably establishes unacceptable adverse effects. Limits: The decisions are not binding Tenth Circuit precedent, EPA action is discretionary and rare, and private parties cannot compel initiation. The authority is an escalation backstop, not a substitute for the ordinary Corps record. Useful pinpoint: 40 C.F.R. Section 231.1; 829 F.3d at 718-26, following 714 F.3d 608, 615-16 (D.C. Cir. 2013).

MASTER:77. City and County of Denver v. Board of County Commissioners and 1041 grandfathering

Publisher/author: Colorado Supreme Court and Colorado General Assembly Date/version: 782 P.2d 753, decided 1989; linked Title 24 compilation is 2024; County compilation checked September 12, 2026 URL: Published opinion, 2024 C.R.S. Title 24 compilation, and Eagle County Chapter VI Supports: Counties may regulate extraterritorial municipal water projects under the 1041 Act, but may not impose a categorical prohibition or criteria untethered to statutory objectives. The state and County texts also support a component-specific audit of narrow pre-May 17, 1974 approval or vesting claims and specified minor maintenance or replacement treatment. Limits: The case arose from a different project and regulatory record. A historical water decree, integrated-system history or sponsor-city approval is not automatically the local approval or vesting described by the 1041 grandfather provisions, but the actual approval record can be decisive. Useful pinpoint: 782 P.2d at 760 and 762-66; C.R.S. Section 24-65.1-107; Chapter VI Section 6.02.12.

MASTER:78. Colorado water-quality review, standing, and exhaustion

Publisher/author: Colorado General Assembly and Colorado appellate courts Date/version: Statutory and regulatory materials checked September 12, 2026; cited decisions issued 1982, 1983, and 2023 URL: C.R.S. Section 25-8-205.1, C.R.S. Section 25-8-403, C.R.S. Section 25-8-404, C.R.S. Section 24-4-106, Regulation 21, C.R.S. Section 25-8-611, Colorado WQCC v. Town of Frederick, National Wildlife Federation v. Cotter, and Colorado Stormwater Council v. Water Quality Control Division, 2023 COA 11 Supports: Section 25-8-404 generally provides a 30-day route to review final Division or Commission action, with venue and finality rules and tolling while a Section 25-8-403 reconsideration request is pending. Section 25-8-205.1 expressly routes an Individual Authorization through reconsideration and then judicial review. Regulation 21 treats specified final Section 401 and antidegradation appeals as formal proceedings. Colorado Water Quality Control Commission v. Town of Frederick, 641 P.2d 958, 961-65 and n.5 (Colo. 1982), explains that party status is required when review concerns a C.R.S. Section 24-4-105 adjudicatory hearing, while Section 24-4-106(4) otherwise permits review by an adversely affected or aggrieved person, subject to claim-specific rules. National Wildlife Federation v. Cotter, 665 P.2d 598, 602-04 (Colo. 1983), recognizes concrete member health, aesthetic, recreational and conservation injuries rather than abstract organizational concern. Limits: Section 25-8-611 does not create a freestanding citizen-enforcement action. Finality, injury, party status, exhaustion, issue preservation, service and claim-specific deadlines require current legal review. Different Regulation 87 instruments do not share one review path. Regulation 31 de novo antidegradation review has its own written-comment eligibility rule, and Colorado Stormwater Council reinforces exhaustion requirements. Useful pinpoint: C.R.S. Sections 25-8-205.1, 25-8-403, 25-8-404, and 24-4-106; Regulation 21 Sections 21.4 and 21.16; Regulation 31 Section 31.8(3)(b); Regulation 87 Sections 87.6(14), 87.7(7), and 87.8(5); 641 P.2d at 961-65 and n.5; 665 P.2d at 602-04; 2023 COA 11, paragraphs 18-37.

Use protocol

1. Quote or paraphrase the primary source, not this register, in an agency comment or pleading. 2. Recheck current statutes, regulations, dockets, GIS, project pages, and dynamic datasets immediately before submission. 3. Preserve the retrieved file, access date, native metadata, and relevant pages in a source packet. 4. Distinguish applicant statements, agency findings, judicial holdings, community evidence, analyst calculations, and scientific analogues. 5. Do not convert a screening lead into a finding. Obtain the selected project footprint, survey-quality boundaries, field data, and the complete administrative record.

I. Wildlife, flora and wetland-mosaic research v0.3

Added September 23, 2026. The original 78 numbered entries are unchanged. This dated layer retains all 94 research-source rows, including inherited sources. It uses the HWF: namespace to prevent collisions with the master register and 1041 dossier. Exact-URL matches below point back to existing master entries.

Canonical research: Homestake-Wildlife-Flora-Ecology-v0.3-2026-09-23.sqlite, v03_ tables. Cross-project claims: Homestake-Project-Claims-2026-09-23.csv (34 claims including the integration GIS supplement). Companion files: Homestake-Source-Register-Addendum-v0.3-2026-09-23.csv, Homestake-Master-Source-Mapping-v0.3-2026-09-23.csv, and the dated ecology report. The original complete package checksum is b43b3d80fc833b2b6b3cb744f1cf6c447c8c86ba8415ea1c591b2d3358b86912.

Project source ID

Source and URL

Pinpoint / inspection

Existing master entry

HWF:S01

Homestake Valley BioBlitz live observation project

Seven observations pages and species-count endpoint; individual record URLs; Live API refreshed

58

HWF:S02

2019 Whitney Reservoir Siting Study technical report, Appendix 1

Technical report pp. 16-20; Tables 2-3; Full PDF inspected

2 ; 62

HWF:S03

Inventory of Fens in White River National Forest

Section 4.2; Tables 10-12; Appendix A; Full PDF inspected

44

HWF:S04

Moose conservation and management

History of Moose in Colorado; Agency page inspected

New / no exact URL match

HWF:S05

Beaver species profile and conservation strategy

About; Habitat; Diet; Reproduction; strategy links; Agency page inspected

New / no exact URL match

HWF:S06

Boreal toad species profile

About; conservation/status; Agency page inspected

New / no exact URL match

HWF:S07

Wood frog species profile

Range; Habitat; Reproduction; Protection Status; Agency page inspected

New / no exact URL match

HWF:S08

Boreal chorus frog species profile

Habitat and Reproduction; Agency page inspected

New / no exact URL match

HWF:S09

Canada lynx critical habitat final designation news

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S10

Canada lynx species profile

Listing and habitat overview; Agency profile inspected

New / no exact URL match

HWF:S11

Colorado River cutthroat trout species profile

About; Cutthroat Trout Taxonomy Research; Agency page inspected

New / no exact URL match

HWF:S12

Beaver dams and overbank floods influence groundwater-surface water interactions of a Rocky Mountain riparian area

Abstract and citation metadata; Agency-hosted abstract inspected

New / no exact URL match

HWF:S13

Classification and types of wetlands: fens

Fens; Agency page inspected

New / no exact URL match

HWF:S14

Climate change impacts on native cutthroat trout habitat in Colorado streams

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S15

Merlin Sound ID data sharing

Sound ID and sharing observations; Cornell support page inspected

New / no exact URL match

HWF:S16

Homestake BioBlitz audit

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

58

HWF:S17

Olive-sided Flycatcher conservation priority

Birds of Conservation Concern species tables; Official report inspected

New / no exact URL match

HWF:S18

Snowshoe hare profile

Habitat; Diet; Additional Information; Agency page inspected

New / no exact URL match

HWF:S19

2025 Colorado State Wildlife Action Plan

2025 species groups and tier lists; Current agency plan page inspected

61

HWF:S20

Homestake Roadless Area wildlife screening

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S21

Colorado Natural Heritage Program tracking lists

Current tracking table; V3-34; Public page and backing read-only data inspected

60

HWF:S22

Final Canada lynx critical habitat designation, effective August 17, 2026

91 FR 43732; effective August 17, 2026; Unit 6; Final rule inspected through web retrieval

36 ; 62

HWF:S23

Northern leopard frog species profile

Habitat; Reproduction; Protection Status; Agency page inspected

New / no exact URL match

HWF:S24

2025 State Wildlife Action Plan: invertebrate priorities

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

61

HWF:S25

Fragmentation and thermal risks for native cutthroat

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S26

Homestake fen field records research

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

62

HWF:S27

Final 2022 National Wetland Plant List, Western Mountains, Valleys and Coast region

2022 NWPL version 3.6; 3,407 entries; PDF-page locators per match; Official regional PDF fully parsed and spot-checked

New / no exact URL match

HWF:S28

Rocky Mountain Subalpine-Montane Fen ecological system

Diagnostics; hydrology; vegetation; associations; CNHP system page inspected

New / no exact URL match

HWF:S29

Rocky Mountain Alpine-Montane Wet Meadow ecological system

Diagnostics; hydrology; vegetation; CNHP system page inspected

New / no exact URL match

HWF:S30

Western North American Emergent Marsh ecological system

Hydrology; vegetation; associations; CNHP system page inspected

New / no exact URL match

HWF:S31

Downstream effects of stream flow diversion on channel characteristics and riparian vegetation in the Colorado Rocky Mountains

Abstract; Methods; Table IV; pp. 586-598; Full primary-study PDF inspected

New / no exact URL match

HWF:S32

Moose species review

Habitat and food habits; USFS FEIS account inspected

New / no exact URL match

HWF:S33

Trends in Rocky Mountain amphibians and the role of beaver

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S34

Informed breeding dispersal following stochastic changes to patch quality

Abstract; DOI metadata; Agency-hosted abstract inspected

New / no exact URL match

HWF:S35

Amphibian population responses to mitigation: wetland age and design

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S36

Lincoln's Sparrow life history

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S37

Olive-sided Flycatcher life history

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S38

Mallard life history

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S39

Lynx species profile

Habitat; Diet; Reproduction; Protection Status; Agency page inspected

New / no exact URL match

HWF:S40

Bobcat species profile

Habitat; Diet; Reproduction; Agency page inspected

New / no exact URL match

HWF:S41

East Slope Mountain Lion Management Plan, 2024 draft appendix

Habitat and prey discussion; labeled 2024 draft; Plan PDF inspected for ecological context

New / no exact URL match

HWF:S42

Black bear species profile

Species profile; Agency page inspected

New / no exact URL match

HWF:S43

Red fox species profile

Diet and Reproduction; Agency page inspected

New / no exact URL match

HWF:S44

Coyote species profile

Habitat; Diet; Reproduction; Agency page inspected

New / no exact URL match

HWF:S45

River otter species profile

State Threatened; Hydrology; Vegetation; Land Use; Agency page inspected

New / no exact URL match

HWF:S46

In search of the elusive Johnson's Hairstreak

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S47

Fragmentation and thermal risks to native trout in Colorado River Basin

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S48

Cytogeography of the subalpine marsh marigold polyploid complex

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S49

Platanthera dilatata herbarium account

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

New / no exact URL match

HWF:S50

Disease, drought, and warming: A triple threat to a declining high-elevation amphibian

Abstract; DOI metadata; Agency-hosted abstract inspected

New / no exact URL match

HWF:S51

Whitney Reservoir Geotechnical Studies: Wetland Resources

; Preserved baseline; not relied on for a new v0.3 claim without an inspection note

3 ; 4 ; 5 ; 6 ; 7 ; 8

HWF:V3-01

A high-altitude thermal infrared method for estimating moose abundance and demography in Rocky Mountain National Park, USA

Methods habitat-suitability model; Table 1; Full publisher text inspected through web retrieval

New / no exact URL match

HWF:V3-02

Eagle County Chapter VI

6.03.10; 6.04.01(15)-(20); Appendix A pp. iv-vi; Current published official PDF inspected

12 ; 69 ; 77

HWF:V3-03

Eagle County active land use applications

2026 1041 amendment hearing dates and linked drafts; Official hearing page inspected

13

HWF:V3-04

CPW Fish Distribution Schedule 2023

PDF p. 34, water 20622 and 67365; species-code legend; Full schedule PDF inspected

New / no exact URL match

HWF:V3-05

CPW Fish Distribution Schedule 2024

PDF p. 35, water 20622 and 67365; species-code legend; Full schedule PDF inspected

New / no exact URL match

HWF:V3-06

Rapid riparian ecosystem decline in Rocky Mountain National Park

Abstract; Methods; figures; Full primary-study text inspected

New / no exact URL match

HWF:V3-07

Effectiveness of Ditch Blockage for Restoring Hydrologic and Soil Processes in Mountain Peatlands

Abstract; Table 1; Results; Full author manuscript inspected

New / no exact URL match

HWF:V3-08

Influence of Water Table Levels on CO2 Emissions in a Colorado Subalpine Fen00284-5)

; Not yet qualified as support

New / no exact URL match

HWF:V3-09

National Wetland Plant List current notices

Final 2022 list; draft 2024 notice distinguished; Official notice discovery checked

New / no exact URL match

HWF:V3-10

Eagle River below Homestake fish and water-quality station

USGS 393030106224700; Station discovery page inspected

New / no exact URL match

HWF:V3-11

Rewetting does not return drained fens to their former state

Abstract; Methods; Full primary-study text inspected

54

HWF:V3-12

Fen mapping service metadata

Layer 0; returnGeometry=false; Public ArcGIS metadata and same-frame query inspected

New / no exact URL match

HWF:V3-13

Wetland inventory service metadata

Layer 0; Public ArcGIS metadata inspected

New / no exact URL match

HWF:V3-14

Downstream map methods

countsWithinDisplayFrame; provenance; limitations; Public project JSON inspected

New / no exact URL match

HWF:V3-15

Modeled wetland fen intersections

Modeled alternative/wetland-fen overlap rows; Public project CSV inspected

New / no exact URL match

HWF:V3-16

Fen ecosystem classification

Mapping methods and dataset context; CNHP mapping page inspected

62

HWF:V3-34

CNHP current tracking list, public read-only data response

2,214 returned rows; exact-name rank/status fields; accessed 2026-09-23; Public read-only table data inspected

60

HWF:V3-35

Homestake discovery query and screened occurrence records

q=Homestake,country=US,stateProvince=Colorado; offsets 0/300; occurrence IDs; Live GBIF API pages and screened records inspected

New / no exact URL match

HWF:V3-36

EOD - eBird Observation Dataset

Dataset 4fa7b334-ce0d-4e88-aaae-2e0c138d049e; DOI; record 5455274378; Official dataset metadata and sample occurrence inspected

New / no exact URL match

HWF:V3-37

Fens (CNHP 2025), metadata and downstream query

Fens_2025/MapServer/0; six returned features; Layer metadata and same-frame attributes query inspected

New / no exact URL match

HWF:V3-38

Zapus princeps

; Not yet qualified as support

New / no exact URL match

HWF:V3-39

Western Water Shrew

Notes; scientific name; Society account inspected

New / no exact URL match

HWF:V3-40

Sorex navigator

Taxonomy and Habitat; NatureServe account inspected through web retrieval

New / no exact URL match

HWF:V3-41

Beaver factsheet and habitat scorecard

; Not yet qualified as support

New / no exact URL match

HWF:V3-17

Biological Survey of Eagle County, Colorado

Printed p. 159, PDF p. 162; Holy Cross City PCA; cottongrass account; Full historical agency/university report inspected

New / no exact URL match

HWF:V3-18

Beaver recolonization explains aquatic insect emergence patterns

Abstract; DOI 10.1086/734565; Publisher abstract inspected

New / no exact URL match

HWF:V3-19

Influence of beaver dam density on riparian areas and riparian birds in shrubsteppe of Wyoming

Abstract; University-hosted abstract inspected

New / no exact URL match

HWF:V3-20

The effect of the Grand Ditch on benthic invertebrates

Abstract; Author-hosted abstract inspected

New / no exact URL match

HWF:V3-21

Reduced Streamflow From Water Diversion Alters Stream Ecology and Fish Behavior

Methods and Results; Full publisher text inspected

New / no exact URL match

HWF:V3-22

Beaver wetlands create a buzz and a flutter for pollinators

Methods and Results; Full publisher text inspected

New / no exact URL match

HWF:V3-23

Subalpine Montane Riparian Shrubland

Vegetation and wildlife species list; CNHP system page inspected

New / no exact URL match

HWF:V3-24

Status and Conservation of Boreal Toad 2006-2007

Printed pp. 36 and 76; site monitoring tables; Historical agency report inspected

New / no exact URL match

HWF:V3-25

CNHP current tracked plant communities

Natural Communities; backing data V3-34; Tracking-page interface inspected

New / no exact URL match

HWF:V3-26

CNHP current tracked vascular plants

Vascular Plants; backing data V3-34; Tracking-page interface inspected

New / no exact URL match

HWF:V3-27

CNHP current amphibian ranks

group=1 is not the linked amphibian group; correct interface links group=12; Wrong group parameter identified

New / no exact URL match

HWF:V3-28

CNHP current mammal ranks

Mammals; backing data V3-34; Tracking-page interface inspected

New / no exact URL match

HWF:V3-29

Colorado elk account

Diet; Reproduction; research overview; Agency page inspected

New / no exact URL match

HWF:V3-30

Colorado mule deer account

Habitat; Diet; Reproduction; Agency page inspected

New / no exact URL match

HWF:V3-31

Mountain sucker

; Not yet qualified as support

New / no exact URL match

HWF:V3-32

Long-tailed vole

; Not yet qualified as support

New / no exact URL match

HWF:V3-33

Western jumping mouse

; Not yet qualified as support

New / no exact URL match

HWF:V3-42

How critical are the missing records? Latest Homestake flow gap assessment

Main conclusion; Exact pooled arithmetic; Limitations; Latest recovered findings read; original calculation package remains preserved

New / no exact URL match

HWF:V3-43

September 15, 2026 draft 1041 regulations for September 23 hearing

Cover; §§211,307(F)-(G),310,311,406(C),411-413; Original official-linked draft PDF downloaded and inspected

New / no exact URL match

Integration supplement: HWF:INT-C001

September 23 same-envelope geometry comparison of the two CNHP services: older service 18 Potential Fen features; Fens 2025 six. Five newer polygons overlap older-service polygons; one does not, and no pair has equal geometry. This establishes a geometry-version difference. The authoritative source-currency and classification explanation remains a CNHP request. Existing map inventories and modeled reservoir overlap numbers are preserved. Reproduction: scripts/compare-ecology-fens.py; raw response hashes and metrics: content/ecology/research/fen-comparison-2026-09-23.json in the website repository.

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