In response to recent submissions to this website as well as letters to the editor in the local newspaper, Nestlé Waters North America (Nestlé Waters) would like to provide the citizens of Chaffee County the following information.
Contrary to some recently expressed opinions that information regarding our Chaffee County spring water development project has been difficult to obtain or hidden, Nestlé Waters has worked diligently to ensure that information on the project is readily available to the public and that the approval process is transparent. Nestlé Waters has been evaluating the springs in Chaffee County since early 2007. Since that time, Nestlé Waters has proactively reached out to citizens and stakeholder groups to provide information and solicit input to enhance the Project.
Nestlé Waters has held public presentations and site tours attended by more than 120 people representing over 45 organizations. These stakeholders were invited, not based on an expectation of support, but rather to provide an opportunity for them to review the Project as it was being developed, and provide input as to how Nestlé might tailor the Project to best fit Chaffee County. These organizations include: the United States Army Corps of Engineers (USACE); Colorado Department Of Wildlife (CDOW); Colorado Mountain College (CMS); Arkansas Headwater Recreational Area; Buena Vista, Salida, Poncha Springs and County representatives; National Resource Conservation Service; Arkansas River Outfitters Association; Trout Unlimited; League of Women Voters; Chaffee County Heritage; Greater Arkansas River Nature Association; Upper Arkansas Area Council Of Governments; neighbors; local media; recycling and business representatives.
Based on the input received from this outreach program, Nestlé Waters has significantly modified its Project in several ways. For example, in order to protect both the rural character of County Roads and viewsheds, Nestlé Waters has agreed to locate the truck loading facility at an existing truck stop in Johnson Village, with direct access to the state highway system. This decision requires construction of a 5-mile underground pipeline. Also, the truck loading station has been customized to lower and shield the water storage silos from sight. Nestlé Waters believes that the Project has improved based on stakeholder feedback.
Since June 2008, Nestlé Waters retained Apex Development Services of Buena Vista to be a local representative to assist in the outreach and to solicit citizen and stakeholder input. In January 2009, Nestlé Waters launched a website to more easily provide project information and solicit input from residents.
Nestlé Waters submitted 26 copies of its complete application materials (more than 1,000 pages of scientific data and technical reports) to Chaffee County in November 2008. At that time, this information was freely accessible to county citizens either through the Chaffee County website www.chaffeecounty.org, at the County offices in Salida, or at the Public Libraries in Salida and Buena Vista.
The County began their review of application information upon submittal. This included sending the application out to review agencies (such as CDOW), and to County-selected technical review consultants (hydrogeologic, economic, and environmental specialists). Taxpayer dollars did not fund these consultant fees – Nestlé Waters was required to pay for them as part of the permit application. The County has been receiving these review comments during the last three months. Additionally, Nestlé Waters through its technical consultants has provided technical responses to these review comments to the County as the reviews are received. All of these reports (more than 30) are public information and can be obtained from the County offices or by request from Nestlé Waters.
Nestlé Waters has participated in all of the public meetings scheduled by the County in accordance with County Code and notification requirements. Further, Nestlé Waters requested the relaxation of the relatively short 1041 hearing deadlines required by County Code. This request was made in order to provide ample opportunity for complete agency review and provide a thorough framework from which decisions regarding impacts of the Project can be rendered.
A significant body of Nestlé and independent third party scientific evidence supports that the Project is sustainable, and will cause no harm to the Springs, their associated environment, the river or neighboring wells. Further, the evidence should be reviewed in its totality in order to fully understand the scope of the Project and potential impacts. The evidence is compelling.
Regarding the Colorado Natural Heritage Program (CNHP) report, Nestlé Waters would like to correct and clarify the record. The CNHP is not a regulatory review agency, but was retained by the County as a review consultant. As such, the CNHP report was not funded by taxpayers, but rather paid for by Nestlé Waters, as were all of the County consultant reports. The PDF version of the CNHP report provided in a recent Salida Citizen post is actually a DRAFT version of the document dated January 29, 2009. It should be noted that no site visit was conducted by CNHP prior to authoring this DRAFT report. The FINAL version of the report dated March 2, 2009, complete with NWNA comments (in blue) and CNHP’s subsequent comments (in red), can be read by clicking on this file [PDF]. nestle_cnhp_final
In addition to Nestlé Waters’ review of the CNHP report, the report was also reviewed by CDOW (Colorado Division of Wildlife) and W.W. Wheeler, (the County’s hydrogeologic consultants). The reports by CDOW and Wheeler refute many of the conclusions in the CNHP report, particularly with respect to potential impacts to water resources, habitat and wildlife. In general, the findings of the CNHP report are not supported by scientific evidence. Wildlife, wetlands, and fish biologists with the CDOW, the state authority responsible for wildlife and habitat in Colorado, have visited the spring properties in the area often, reviewed the application materials, and rendered their opinion that the Nestlé Waters project will not cause harm to wildlife or habitat. Further, CDOW states that the project will have benefits through the conservation measures to which Nestlé Waters is committed. Read the CDOW project review report [PDF].
Nestlé Waters has a comprehensive sustainability plan in place, and has gone on the record in Chaffee County that it is committed to the long-term health of the springs, conservation of land and water resources, and protection of the environment. For example, Nestlé Waters has committed to not only the maintenance of existing wetlands, but to their enhancement via a restoration program. Nestlé Waters, in cooperation with CDOW, has drafted a Long Term Wetlands Monitoring Plan. Any potential impacts to wetlands will be closely monitored and mitigated as required by CDOW.
Nestlé Waters is also currently working with the CDOW on a Land Management Plan, including livestock grazing and Bighorn Sheep protection. Once permitted, Nestlé Waters will begin working with the USACE, CDOW, CMC, and others on a Restoration Plan to restore the Ruby Mountain Hatchery site to a natural wetlands and riparian system along the Arkansas River.
Nestlé Waters strongly encourages Chaffee County citizens to attend the Chaffee County Board of Commissioners’ meeting scheduled for March 18, 2009, 1:00pm at the Steam Plant. Presentations from County staff and Nestlé technical consultants are scheduled from 1:00pm to 5:30pm. While the public comment segment of the meeting is estimated to begin about 6:30pm, those interested in understanding the science and facts of the proposed project will want to witness the entire proceedings.
Nestlé Waters is fully committed to a transparent public review process and welcomes all citizens that have need for additional information, or would like to take a site tour. Please contact us either through the Nestlé Waters website or Apex at 719-395-3626.










Certainly there has been no shortage of information from Nestle Waters! If the process was supposed to be so transparent why weren’t the County’s consultant reports placed at the libraries or posted on the Chaffee County website alongside the 1041 Special Use Application?
What difference does it make that the CNHP is not a regulatory agency? Did you expect their findings to concur with all of your findings?
In our opinion it provides data to substantiate our concerns regarding wetlands, wildlife and longterm effects on the aquifer.
Michele Riggio
A quote from above “In general, the findings of the CNHP report are not supported by scientific evidence” That is a very BOLD, unwarranted and cavalier statement. The CNHP document is from a professional (chosen by the County) and extensive documentation is presented in the report. The quoted comment above is an example of Nestle’s brash attitude when something doesn’t agree with their position.
On the surface NWNA appears to be transparent posting all the information crafted by their consultants. People can read about the purposed ten year agreement with Auroa, the thirty year tax projections for Chaffee county and the short term jobs to be created. Where can you read that NWNA plans to operate these wells for 99 years or more. It’s true!
Chaffee counties own consultant report raises real concerns with the sustainabilty of this purposed project. For instance we have heard much about the impact on large game animals that have the ability to migrate and find water resources. Smaller wildlife tends to be less mobile and rely on the many wetlands that would be threatened by this purposed project. Diversity of wildlife needs to be maintained if we expect to have a healthy ecosystem.
Experts on Colorado weather and water have written that the 1990′s were unusually wet years creating a faulse sense of water security.What we are experiancing now is normal dryer weather. This combined with the uncertain effects of global warming make this project evan more concerning.The Auroa plan is for 10 years at best, we need to start looking much futher ahead for the future of the area that we live and love. With the predicted reductions in precipitation and spring run off this aquafir will be left dry and NWNA will walk away counting their profits. Let us the citizens of Chaffee County be amoung the first to make a stand and look beyond the short term benifits of this purposed project. This is the future of our county and our planet.
Why can’t we (Chaffee County) act like a leader and tell Nestle to take a hike and find some other community to support their unsustainable bottled water business?
How can we become a model green/sustainable community fostering green businesses and jobs if we endorse bottled water and the continued abuse of our limited resources?
Has anyone stopped to think about how all the bottled water users survived before the bottled water fad? It must have been a time full of agony and suffering….
“For example, Nestlé Waters has committed to not only the maintenance of existing wetlands, but to their enhancement via a restoration program. Nestlé Waters, in cooperation with CDOW, has drafted a Long Term Wetlands Monitoring Plan. Any potential impacts to wetlands will be closely monitored and mitigated as required by CDOW.”
We wouldn’t need a restoration project or rely on lax oversight over time if this project would not happen. They are asking us to trust them, when there is no community dedication.
This is wrong for this area in all aspects.
On the cover of today’s Denver Post … A well runs dry on the plains … a timely story shows what can happen to a community that doesn’t diligently protect and secure their precious water resources for the future.
This battle is being waged across the West and is clearly about money and power.
Legislation is now being proposed to “change the rules” (House Bill 1174 & 74) but it’s too late for many Wiggins Farmers.
I would suggest our current review process, fee structure,and criteria thresholds must also change immediately as part of this application and put a clear “burden of proof” threshold on Nestle (or any applicant) to prove no harm can be done as part of application and post an appropriate bond.
Nestle’s lawyers have clearly shown our county can be exploited and we will end up the losers. The rules of the game need to change to clearly protect and enforce our county’s protection of vital resources.
Our representatives need to be able to ensure this valley’s protection from future exploitation and take a proactive approach to do so now.
Their own consultants in the W.W. Wheeler study state that Nestle’s diversions “should be considered in the context of cumulative diversions” not as a stand alone application and under the scenario of decreased irrigation on the adjacent parcel which recharges the spring (which is a reasonable consideration) NWNA pumping could cause the springs to go dry.
This is a grave scenario that could cost the current landowner much more than they will gain short term.
Closely following the battle over the Black Canyon of the Gunnison’s water rights the last several years revealed many things.
First we must have national stake-holder organizations and their resources such as Trout Unlimited, Hogan & Hartson, etc.,etc. join our cause. I will start a list.
As the battle over the Gunnison showed you can protect our invaluable natural resources from a “water grab” only if you are well organized and have the money, resources, expertise and perseverance to see this through and clearly get this message across to Nestle.
The most transparent aspects of this project are the “greenwashing” and “localwashing” being done to promote a project that has been estimated to yield Nestlé gross revenues of $61 million/year. The long-term benefits to Chaffee County are trivial in comparison to the costs.
We are in a position to approve a 13% increase in heavy truck traffic on highway 285. Three weeks ago while approaching Trout Creek Pass on a clear day with a bit of ice on the road I saw TWO accidents being cleaned up by firefighters between BV and the Pass. This is not just a Chaffee County issue. Next, one encounters South Park with notorious ground blizzards, as well as elk crossing the highway. On a clear Saturday AM or Sunday PM traffic going from/to Denver can be insane with present traffic levels.
My background includes many years of being a firefighter, cleaning up wrecks in South Park, which often involved cutting victims out of cars. I also drove 3000 gallon fire tankers on icy roads-and understand too well the limited control the driver has.
Additional traffic flows are being seen as Highway 285 is being used as an alternate route to Summit County resorts via Fairplay. Further along the Highway 285 tanker route is the Platte River Canyon, with many people commuting to Front Range jobs.
Increased traffic has many escalated costs for delays, accidents, deaths, injuries, emergency services costs, and lost tourism revenue due to greater difficulty in reaching destinations. The biggest problem is that Nestlé is not bearing these costs-but rather passing them off as economic externalities to all of us.
There are many more stakeholders than just Chaffee residents. We must consider impacts all along the 285 corridor through Chaffee, Park and Jefferson Counties. The problems described here will come back to haunt us in the form of delays, higher emergency services costs, liability, and lost tourism revenues due to more difficult access to our area.
There is no evidence that this project advances the general welfare of Chaffee County nor does it protect its environment, economy, or communities.