Which agency is responsible for a headgate and pipe designed to fill a pond at the head of McPhee Reservoir has been a topic of local research lately.
The two-pond system is designed to prevent a mudflat eyesore on the outskirts of Dolores when the lake levels fluctuate.
But confusion over who is supposed to maintain the simple structure has led to it's disrepair, and the system is currently not working properly. The result in warmer weather is a stagnant, shallow pond closest to town that is not visually appealing.
The main problem is that water from the river channel does not reach the pipe. Boulders and rip-rap positioned near the headgate to back up water into the pipe have slumped in the silt. A inspection by water officials last summer also showed the pipe needs some repair and adjustment and is likely clogged.
During normal runoff years, the reservoir easily backs up and fills the ponds, but a series of weak winters has depleted the reservoir so the ponds are relying on the flawed intake pipe from the river channel.
A hodgepodge of state and federal agencies have jurisdiction to some degree on McPhee, including the Bureau of Reclamation, the Dolores Water Conservancy District, Colorado Parks and Wildlife, and the U.S. Forest Service.
A Dolores Star investigation last summer revealed that no agency laid claim to the pond-filling pipe.
But after some research, a frontrunner is taking shape, according to local BOR official Vern Harrell.
He explained that in 1986, the BOR transferred administrative jurisdiction of the shoreline and exposed lake bed to the forest service.
In the process, they identified irrigation structures such as pump stations, dams and tunnels that would stay within BOR jurisdiction.
Everything else, including the head gate and pipe to fill the pond, did not.
"We believe the responsibility lies with the forest service," Harrell said. "According to our maps, the pipe falls outside of our primary jurisdiction area."
Dolores District Ranger Derek Padilla said he would confer with forest officials on the matter.
"Maybe it's ours, and we need to start doing something with that," he said. "But I need to confirm that information."
DWCD and BOR report there are no water-right issues with keeping the ponds full because the water is part of the overall storage and passes through into the main reservoir.
Locals have been inquiring about the failure to fill the ponds.
"People have asked me, Why don't we fill those ponds?'" Town Trustee Ginger Swope said at a past board meeting.
Resident Jim Koenig has been pushing for a solution after he could not get an answer on why they are not filled. He sent a letter to U.S. Rep. Scott Tipton asking for help and included signatures of support from other residents concerned about the situation.
"If these ponds were kept full year-round it would look better," he said. "That area provides convenient fishing access, especially for older folks. If they were full the fishing would be better and kids could swim there."
Once responsibility is ironed out, officials want to establish a long-term maintenance program for the pond filling system.
