Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:10/17/2011
ATTENDANCE
Time:09:05 AM to 05:15 PM
Baumgardner
X
Brophy
*
Place:SCR 356
Giron
X
Hodge
X
This Meeting was called to order by
Roberts
X
Senator Schwartz
Swerdfeger
E
Vigil
X
This Report was prepared by
Wilson
X
Lauren Ris
Sonnenberg
X
Schwartz
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Nutrient Cost Benefit Study
Proposed Statewide Nutrient Monitoring Program
Northern Integrated Supply Project
Statewide Efficiency Standard for Toilets
Water Supply Initiative and Basin Rountables
Water Management in Rio Grande Basin
Weather Modification
Public Testimony
Briefing only
Briefing only
Briefing only
Briefing only
Briefing only
Briefing only
Briefing only
Briefing only


09:07 AM -- Nutrient Cost Benefit Study

Michael Brod, Executive Director, Colorado Water Resources and Power Development Authority, explained the responsibilities of the authority and the methodology for conducting a cost benefit study of the state's proposed nutrient regulations. He discussed some of the study's constraints, including the available time and funding. The draft report is available at http://cwrpda.com/#. Mr. Brod answered questions from the committee concerning the overall cost estimate to the state of implementing a numeric nutrient standard.

09:25 AM

Dave Akers, Colorado Department of Public Health and Environment, explained some of the water treatment system exemptions currently in the draft regulations. He further explained the effluent limits associated with the cost benefit analysis' categories. The committee asked questions about how the benefits were calculated.

09:38 AM

Mr. Akers explained that the proposed regulations that the Water Quality Control Commission is putting forward at this time are in line with the cost benefit study's lowest cost estimate, and that the criteria would only apply to new facilities.

09:41 AM

Mr. Brod discussed how other states have paid for more stringent nutrient water quality standards.

09:42 AM

Mr. Akers addressed some of the inherent uncertainties in estimating costs and benefits.

09:44 AM

Tim Gother, Colorado Nutrient Coalition, discussed the membership of the coalition and explained that they do not believe there is a need to further regulate nitrogen in Colorado. He provided a letter to the committee (Attachment A).

Attachment A.pdf

09:48 AM

Mr. Akers responded to the comments made by Mr. Gother and explained that the same technology that would be used to reduce phosphorus would also remove nitrogen and that separating the technologies would require additional work.

09:52 AM -- Proposed Statewide Nutrient Monitoring Program

Amy Woodis, Metro Wastewater Reclamation District and South Platte Coalition for Urban River Evaluation (CURE), discussed how a nutrient monitoring program on the South Platte is being implemented.

10:00 AM

Dick Parachini, Water Quality Control Division, spoke about the data systems that would be needed for a larger scale monitoring program.

10:02 AM

Barbara Biggs, Metro Wastewater Reclamation District, spoke about how the nutrient regulations would impact Metro Wastewater and how the timeframe for implementing the regulations provides the district the ability to finance improvements through the bond market and to collect data. She explained that many of the basins do not have a good understanding of what the sources of nutrients are. Ms. Biggs answered questions from the committee about the proposed standards. Ms. Biggs provided a handout on nutrient monitoring technology (Attachment B).

Attachment B.pdf

10:06 AM

Mr. Akers explained that the division would welcome a collaborative approach to nutrient monitoring. The division provided a handout summarizing a nutrient monitoring proposal (Attachment C). Mr. Akers answered questions from the committee concerning when treatment facilities will begin to implement improvements.

Attachment C.pdf

10:15 AM

Ms. Biggs provided an overview of how nitrogen and phosphorus are treated.

10:18 AM

The committee continued to ask the panel questions about the implementation of a statewide monitoring program.

10:20 AM -- Northern Integrated Supply Project

Eric Wilkinson, Northern Colorado Conservancy District, described the need for the Northern Integrated Supply Project (NISP) to address current and future water demand (Attachment D).

Attachment D.pdf

10:23 AM

Mayor Eric Doering, Town of Fredrick, spoke about the need for the project and how it will benefit the increasing population of Fredrick.

10:26 AM

Cathy Peterson, Water Manager for the Lefthand Water District, spoke about the need for the project by future generations that are predicted to move into the area.

10:28 AM

Mr. Wilkinson spoke about maps in Attachment D that show the participant boundaries and the project configuration. He explained how the the project will operate and who will be served by the water deliveries. He addressed some concerns about water quality associated with NISP, specifically salinity, and explained that they have implemented a water quality monitoring program. He talked about the available alternatives to NISP, which he believes would involve drying up agricultural lands. He discussed the cost of NISP, how impacts to fish and wildlife will be mitigated, and the timeline for project completion.

10:58 AM

Mr. Wilkinson and Mr. Doering answered questions from the committee about some of the water conservation efforts being made.

10:59 AM

Carl Brouwer, Northern Integrated Supply Project Manager, spoke about the total costs associated with the project.

11:01 AM

Mr. Wilkinson explained that the project will not use water from the western slope with the exception of 20,000 acre feet that will be used in order to safely fill Glade Reservoir. Mr. Wilkinson answered additional questions from the committee.

11:07 AM

Mr. Brouwer and Mr. Wilkinson answered questions from the committee about the NEPA studies being done by the Army Corps of Engineers concerning the project and how NISP would impact the condition of the Cache La Poudre river.

11:14 AM

Bart Miller, Western Resource Advocates, provided the committee with Attachments E and F and a copy of the winter 2010 Waterkeeper magazine available at http://www.waterkeeper.org/ht/display/ContentDetails/i/13527/pid/223. He gave a powerpoint presentation to the committee (Attachment G) on the impacts that NISP will have on the agricultural economy, water quality, fish and wildlife, and recreation. He described an alternative plan (Attachment F) that has been developed by the Save the Poudre Coalition. Mr. Miller answered questions from committee members about rotational crop fallowing and studies used in the alternative plan.

Attachment E.pdf Attachment F.pdf Attachment G.pdf

11:50 AM -- Statewide Efficiency Standard for Toilets

Chris Piper, Denver Water, introduced the panel who spoke about the need for a statewide efficiency standard for toilets and the draft bill, including Taylor Hawes, Greg Fisher, Jim Galvin, Pete Crow, Barbara Biggs, and Steve Lanyon.

11:53 AM

Greg Fisher, Senior Technical consultant, Plumbing Manufacturers International, explained the proposed standard for new toilets and urinals. He explained that the standard would not force the replacement of toilets.

11:56 AM

Barbara Biggs, Metro Wastewater, referenced a letter to the committee (Attachment H) and emphasized that Metro Wastewater does not have any concerns with the proposed standard. She highlighted some of the differences between San Francisco and Denver's sewer systems and why a higher standard would not lead to an odor increase in Denver. She answered questions from the committee.

Attachment H.pdf

12:02 PM

Mr. Fisher discussed what the potential water savings would be by 2050 as a result of the standard. He answered questions from the committee concerning the need for a law mandating low flow toilets when the trend seems to be for consumers to purchase more efficient fixtures and appliances.

12:08 PM

Jim Galvin, Plumbing Manufacturers International, spoke in support of the draft bill. Mr. Galvin answered questions from the committee concerning the bill's plumbing implications.

12:12 PM

Pete Crow, International Association of Plumbing and Mechanical Officials, spoke about how the draft bill would not adversly impact plumbing codes.

12:16 PM

Steve Lanyon, Blue Sky Plumbing and Heating, explained that increased efficiency toilets would be beneficial for septic systems. He also spoke about the drivers for toilet replacement.

12:18 PM

Taylor Hawes, appointee to the Interbasin Compact Committee, spoke about the need for conservation measures in the state to address the water supply shortfall.

12:21 PM

Mr. Piper discussed a price comparison survey that Denver Water did at Home Depot that shows that high efficiency toilets are about the same price as standard toilets. The panel answered questions from the committee.

12:31 PM

Mr. Crow spoke about the conservation goals of the green plumbing supplement.

12:32 PM

The committee continued to ask the panel questions about the potential implications of the bill.

12:36 PM -- Water Supply Initiative and Basin Rountables

John Stulp, the Governor's Special Policy Advisor on Water, provided an update on the work of the Interbasin Compact Committee (IBCC). He spoke about what the IBCC is working on in terms of new water supply.

12:39 PM

Peter Nichols, Governor's appointee to the IBCC and co-chair of a new water supply subcommittee formed to consider the water supply gap projected as a result of the state's projected population increase. He explained that new water supply development involves some amount of risk management in balancing additional need with a potential river compact call.

12:44 PM

Taylor Hawes, Governor's appointee to the Interbasin Compact Committee and the Nature Conservancy, spoke about the environmental and recreational water flow needs and the difficulty in quantifying these needs.

12:50 PM

Jennifer Gimbel, Director of the Colorado Water Conservation Board (CWCB), provided an update on the Statewide Water Supply Initiative (SWSI) and explained that the CWCB believes that it is time to begin to address the water supply gap in part by making sure that the Water Supply Reserve Account is used for projects to address the future need.

12:56 PM

The committee recessed for lunch.

02:02 PM -- Water Management in Rio Grande Basin

Dick Wolfe, State Engineer, Division of Water Resources, described the regulation of ground water withdrawals in the Rio Grande Basin and the use of water from the Close Basin Project. He explained how the Rio Grande Basin Decision Support System will assist with the administration of water rights in the basin by the Division of Water Resources. He also described the implementation of Senate Bill 04-222 concerning water management in the Rio Grande Basin. This law requires the State Engineer to manage the use of groundwater consistent with prevention of material injury to senior surface water rights in the basin. It also requires the State Engineer to maintain a sustainable ground water supply; preserve the state's ability to comply with the Rio Grande compact; and to adopt rules that recognize valid existing contractual arrangements between water users; establish an irrigation season for the Rio Grande basin; do not credit the eradication of phreatophyes as a source of replacement water; and do not require surface water right holders to divert using wells. Mr. Wolfe also explained that he appointed an advisory committee to assist with the development of the ground water use rules.

02:16 PM

Steve Vandiver, General Manager, Rio Grande Water Conservation District (RGWCD), described the impact of the recent drought on the ground water levels in the Rio Grande Basin and efforts to form subdistricts of the Rio Grande Water Conservation District to help reduce over use of the aquifers. The subdistrict will help fund a program to reduce ground water withdrawals through land fallowing and other measures. The program will be paid for with moneys obtained through a fee on pumping, an administrative fee, and a Conservation Reserve Enhancement Program (CREP) fee. He also responded to questions from the committee regarding pending court decisions on the proposed groundwater management plan and measures to offset injury to senior water users from ground water pumping in the basin.

02:32 PM

Mr. Wolfe responded to questions about the development of the Rio Grande Decision Support System and proposed regulation of wells in the subdistricts and other well users in the Rio Grande Basin.

02:33 PM

Mr. Vandiver responded to questions about the effect of the current drought on ground water users and the results of voluntary efforts to reduce ground water pumping. He estimated that approximately 30,000 to 40,000 acres of irrigated agricultural lands may need to be retired in the proposed Subdistrict 1 of the RGWCD to stabilize ground water levels and protect senior water rights.

02:40 PM -- Weather Modification

Jennifer Gimbel, Director, Colorado Water Conservation Board (CWCB), described the regulation of weather modification by the CWCB and the requirements to obtain a weather modification permit.

02:45 PM

Arlen Huggins, Desert Research Institute, Director of Nevada Weather Modification Program, described how weather modification may be used to increase snowfall and to suppress hail (Attachment I and J). He also discussed research concerning the effectiveness of weather modification and impacts to down wind areas. He identified potential beneficiaries of weather modification programs including municipal water providers, hydroelectric generators, and irrigators.

Attachment I.pdf Attachment J.pdf

03:07 PM

Ms. Gimbel responded to questions from the committee about who owns the water produced by weather modification and if downstream states are paying for weather modification programs in Colorado.

03:10 PM

Mr. Huggins responded to questions about the environmental impact of silver iodine used in weather modification and the impact of weather modification on down wind areas.

03:25 PM

Joe Busto, Colorado Water Conservation Board, responded to questions about weather modification permits issued by the CWCB and when weather modification is prohibited due to the threat of avalanches.

03:35 PM -- Public Testimony

Diane MacMillan, representing herself, expressed concern about the impact of weather modification on down wind areas (Attachment K).

Attachment K.pdf

03:47 PM

Joe Busto, Colorado Water Conservation Board, described information about cloud seeding activities that is available to the public.

03:49 PM

Betty Iverson, Johnson and Johnson and PHARMA, expressed concern about provisions of Draft Bill 6 concerning disposal of waste medicines and described the source of trace medicines in streams. She also identified recommended methods of waste medicine disposal and commented on proposed Amendment L. 001 (Attachment L) and Amendment L. 002 (Attachment M).

Attachment L.pdf Attachment M.pdf

04:07 PM

Tom Morris, Office of Legislative Legal Services, described reporting requirements for programs funded by gift, grants, and donations as specified in Section 24-75-1303, C.R.S.

04:09 PM

Joe Shefflin, Colorado Department of Public Health and Environment, described the disposal of medicines collected by the voluntary drug take back pilot program that is administered by the department.

04:11 PM

Greg Fredisiac, Colorado Department of Public Health and Environment, described the drug take back pilot program and how its funded.

04:19 PM

Brad Young, RX Plus Pharmacies, expressed concern about a fee in Draft Bill 6 to pay for the medicine collection program and spoke in support of Amendment L. 001 that removes the fee and requires that the program be funded using gifts, grants, and donations.

04:27 PM

Jim Miller, Colorado Water Utility Council, spoke in support of Draft Bill 1 concerning exempt drinking water certification designation facilities. He also submitted letters of support for Draft Bill 1 from the Rocky Mountain Section of the American Water Works Association, the Colorado Rural Water Association, and ten local government and public water utilities (Attachment N).

Attachment N.pdf

04:33 PM

Larry Roesner, Colorado State University, spoke in support of Draft Bill 3 concerning graywater reuse (Attachment O). He also responded to questions from the committee about the effect of graywater reuse on return flows and downstream water users.

Attachment O.pdf

04:37 PM

Kevin Rein, Deputy State Engineer, Division of Water Resources, responded to questions from the committee about the effect of graywater reuse on return flows and downstream water users.

04:42 PM

Dave Akers, Colorado Department of Public Health and Environment, responded to questions from the committee about the role of local governments in permitting water reuse systems.

04:50 PM

Jan Hacket, Colorado State Forest Service, described the provisions of a letter of support for federal legislation to continue Good Neighbor Authority for forest management (Attachment P).

Attachment P.pdf

04:56 PM

Dick Wolfe, State Engineer, Division of Water Resources, spoke in support of Draft Bill 4 that postpones the repeal of water replacement requirements for the Denver Basin.

04:57 PM

Kevin Rein, Deputy State Engineer, Division of Water Resources, described the regulation of well pumping in the Denver Basin Aquifer and the development of a ground water model of the Denver Basin.

05:01 PM

Dick Wolfe, State Engineer, Division of Water Resources, spoke in support of Draft Bill 7 concerning the consolidation of Division of Water Resources cash funds.

05:04 PM

Pat Miks, Division of Water Resources, spoke in support of Draft Bill 7 concerning the consolidation of Division of Water Resources cash funds.

05:06 PM

Dick Wolfe, State Engineer, Division of Water Resources, responded to questions from the committee about Draft Bill 2 concerning water replacement requirements for mines.

05:14 PM

The meeting adjourned. Final action on the draft bills will occur at the October 18 meeting of the Water Resources Review Committee.