Water Resources Review Committee (09/09/2009)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	09/09/2009	ATTENDANCE

Time:	03:00 PM to 05:40 PM	Baumgardner	X
		Brophy	E
Place:		Fischer	X
		Gardner C.	E
This Meeting was called to order by		Hodge	X
	Senator Hodge	McKinley	E
		Schwartz	X
This Report was prepared by		White	E
	Lauren Ris	Whitehead	X
		Curry	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Update on San Miguel Update on the Dry Gulch Reservoir Project Update on Long Hollow Reservoir Jackson Gulch Reservoir Project Public Testimony Draft Bill #2 Draft Bill #1 Other legislation requests		Briefing only Briefing only Briefing only Briefing only Briefing only Amendment failed Amendment passed One bill requested

03:00 PM

Senator Hodge, Chair, called the Water Resources Review Committee to order. See Attachment A for the meeting agenda.

03:03 PM -- Update on San Miguel, Dolores, Animas, and San Juan River Basin Issues

03:03 PM

Michael Preston, Chair of the Southwest Basin Roundtable, provided an introduction to the geography of the region and provided the committee with a map showing the major water features (Attachment B). He discussed the Dolores water project, located in the Dolores and San Juan River Basins. The project develops water from the Dolores River for irrigation, municipal and industrial users, recreation, fish and wildlife, and hydroelectric power. The principle storage feature of the project is the McPhee Dam and Reservoir. Mr. Preston also described some of the restoration efforts taking place on the Lower Dolores River.

03:17 PM

John Porter, member of the Southwestern Water Conservation District, discussed the district's involvement with the Colorado Water Congress. He provided the committee a handout listing Water Supply Reserve Account grants that have been provided to water-related projects and studies in the region (Attachment C). He also discussed a variety of trans-basin and trans-mountain diversions from the San Miguel, Dolores, Animas, and San Juan Basins and referenced possible basin of origin legislation.

03:20 PM

Representative Curry responded to Mr. Porter that the committee is not recommending basin of origin legislation, but that one member of the General Assembly may be considering such legislation. She emphasized the importance of the basin roundtable process and the need for basins to communicate about diversion issues. Representative Curry asked Mr. Porter his opinion about the value of the Interbasin Compact Committee (IBCC).

03:25 PM

Mr. Porter discussed his view of the IBCC and explained that in his opinion, the IBCC may or may not be effective in guiding future development by considering the connection between water availability and land use planning.

03:27 PM

Steve Harris, Legislative Appointment to the Southwest Basin Roundtable, discussed the variety of opinions and positions on the IBCC when it comes to the challenge of developing a comprehensive water plan. He also discussed how IBCC funding has been important in getting water projects off the ground. He mentioned the La Plata County Water distribution system as an example of the importance of IBCC funding. He went on to discuss water availability and storage in the San Miguel Basin. He explained how there are no reservoirs in the basin and so there will likely be agricultural water conversion measures taken to address water demand.

03:35 PM

Senator Whitehead discussed whether or not the basin roundtables could continue to function if money was not available from the Water Supply Reserve Account.

03:38 PM

The committee discussed the Animas La Plata Project and whether the Animas La Plata River is overappropriated. Representative Curry explained that she believed that it will not be overappropriated until recreational in-channel diversion is developed.

03:40 PM

The committee discussed Colorado's compact delivery obligations to New Mexico under the La Platta River Compact and how these obligations affect the basin.

03:40 PM -- Update on the Dry Gulch Reservoir Project

Sheila Berger, Special Projects Manager, Pagosa Area Water and Sanitation District and Steve Harris, Pagosa Area Water and Sanitation District, gave the committee a power point presentation on the Dry Gulch Project (Attachment D). A pamphlet on the Dry Gulch Reservoir was distributed to the committee (Attachment E). Dry Gulch is a long-term, phased project to expand water storage, treatment, and distribution infrastructure to supply the Pagosa Springs community. The presentation covered what the project entails, why it is needed, and how it is being financed. Ms. Berger and Mr. Harris responded to questions from the committee.

4:00 PM -- Update on Long Hollow Reservoir

Brice Lee, La Plata Water Conservancy District President, gave the committee a power point presentation on the Long Hollow Reservoir Project (Attachment F). Mr. Lee also discussed the Animas La Plata Compact and Colorado's delivery obligations to New Mexico.

04:33 PM -- Jackson Gulch Reservoir Project

Gary Kennedy, Superintendent, Mancos Water Conservancy District, discussed the Jackson Gulch Reservoir Rehabilitation Project and aquatic nuisance species study. He distributed a summary of a study comparing the quagga mussel colonization potential in Jackson Gulch Reservoir from September 2008 through March 2009 (Attachment G) and discussed the results of the study. The conclusions from reservoir sampling in 2008 indicated that water-quality conditions were suitable for colonization of zebra and quagga mussels. Sampling in 2009 indicated that Jackson Gulch Reservoir is favorable for mussel colonization during September, but unfavorable during March. He explained that further sampling and characterization is likely needed. He answered questions from the committee about conditions necessary for mussels to survive and discussed measures that could be taken to prevent mussel colonization.

04:44 PM -- Public Testimony

04:45 PM -- John Taylor, Hinsdale County resident and member of the Southwestern Water Conservation District, discussed how unused or abandoned water rights might be used to meet compact calls. Representative Curry asked if the Southwestern Water Conservation District Board has discussed the concept of water banks and whether pre-1922 water rights have been quantified. Mr. Taylor indicated that, to his knowledge, they had not done either.

04:47 PM -- Chris Treese, Colorado River District, commented that the state already uses pre-1922 water rights and that the legal mechanism for protecting those water rights has only been looked at preliminarily. He mentioned that a current study on the Colorado River is considering ways to meet increased demand and protect senior water rights.

04:51 PM -- Senator Whitehead discussed the importance of protecting pre-1922 water rights. He emphasized that abandonment must be approached with caution because this water may already be used by other water users.

04:52 PM-- Mike Preston, Dolores Water Conservancy District, discussed the importance of money appropriated to the Division of Wildlife that has been used to address invasive mussels. He explained that this money has funded the division's boat inspection program aimed at preventing the introduction of invasive mussels into new waters. He asked for the legislature's continued support of the division's program.

04:53 PM -- Win Wright, Mancos Water Conservation District, offered comments about the threat of invasive mussels. He explained that there are various water-quality indicators for the potential of mussel colonization, but that these indicators are not complete; some water bodies have a chemical composition that impact mussel survival. He explained that the calcite saturation conditions that exist in Jackson Gulch should cause mussel shells to dissolve. He recommended that funding should be prioritized for water bodies that have the chemical composition that allow mussels to survive. He answered questions from the committee.

05:00 PM -- John Whitney, Congressmen John Salazar's Office, provided an update on Jackson Gulch rehabilitation legislation. He explained that $2.6 million was secured in the U.S. House of Representatives, however the Senate Bill did does not yet have an appropriation for the project.

05:04 PM -- Draft Bill #2 – Funding for Water Efficiency Grant Program (Attachment I)

The committee began discussion draft legislation.

05:06 PM

Veva Deheza, Colorado Water Conservation Board, spoke about the amendment. She indicated that no other water conservation programs have a sunset date.


BILL:	Draft Bill #2
TIME:	05:07:56 PM
MOVED:	Baumgardner
MOTION:	Moved to add a sunset date of July 1, 2020. The motion failed on a 2-4 roll call vote.
SECONDED:
		VOTE
	Baumgardner	Yes
	Brophy	Excused
	Fischer	No
	Gardner C.	Excused
	Hodge	No
	McKinley	Excused
	Schwartz	No
	White	Excused
	Whitehead	No
	Curry	Yes

Not Final YES: 2 NO: 4 EXC: 4 ABS: 0 FINAL ACTION: FAIL

05:08 PM -- Draft Bill #1 – Increased Funding for the Division of Water Resources (Attachment H)


BILL:	Draft Bill #1
TIME:	05:08 PM
MOVED:	Curry
MOTION:	Moved to amend page 3 by striking lines 18-24. This authorizes the expenditure of up to 5 percent of the moneys in tier 1 of the Operational Account of the Severance Tax Trust Fund for the Division of Water Resources, and reduces the tier 1 authorization for the Division of Wildlife to account for the increase. Tom Morris, Legislative Legal Services, explained that the 5 percent is a funding limit and that in FY 2008-09, the Division of Wildlife received 1.309% from the operational account. The committee discussed the the amendment. The amendment passed on a roll call vote of 4-2.
SECONDED:
		VOTE
	Baumgardner	Yes
	Brophy	Excused
	Fischer	No
	Gardner C.	Excused
	Hodge	Yes
	McKinley	Excused
	Schwartz	No
	White	Excused
	Whitehead	Yes
	Curry	Yes

Not Final YES: 4 NO: 2 EXC: 4 ABS: 0 FINAL ACTION: PASS

05:20 PM -- Other legislation requests


BILL:	Other legislation requests
TIME:	05:20 PM
MOVED:	Fischer
MOTION:	Moved to draft a bill similar to HB 09-1142 regarding elections for Water Conservancy District Boards of Directors, with some modifications. He indicated that he would like a bill to change the number of required signatures to hold an election, to spell out procedures for holding elections, and possibly to create requirements for board member expertise. The committee discussed this proposal. The motion failed on a 3-3 roll call vote.
SECONDED:
		VOTE
	Baumgardner	No
	Brophy	Excused
	Fischer	Yes
	Gardner C.	Excused
	Hodge	No
	McKinley	Excused
	Schwartz	Yes
	White	Excused
	Whitehead	No
	Curry	Yes

Not Final YES: 3 NO: 3 EXC: 4 ABS: 0 FINAL ACTION: TIE


BILL:	Other legislation requests
TIME:	05:30 PM
MOVED:	Schwartz
MOTION:	Moved that a new bill be drafted to allow property taxes for hydro-power facilities to be assessed in the same manner as wind and solar energy generation facilities. Senator Schwartz explained that the bill would be similar to SB 09-177, which allowed property taxes for solar energy generation facilities to be assessed in the same way property taxes for wind generation facilities are assessed. The motion passed on a 5-1 roll call vote.
SECONDED:
		VOTE
	Baumgardner	No
	Brophy	Excused
	Fischer	Yes
	Gardner C.	Excused
	Hodge	Yes
	McKinley	Excused
	Schwartz	Yes
	White	Excused
	Whitehead	Yes
	Curry	Yes

Not Final YES: 5 NO: 1 EXC: 4 ABS: 0 FINAL ACTION: PASS

05:40 PM

The meeting adjourned.