Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:09/16/2014
ATTENDANCE
Time:09:12 AM to 12:02 PM
Brophy
E
Coram
X
Place:Bud Werner Memorial Library
Hodge
X
Jones
X
This Meeting was called to order by
Mitsch Bush
X
Representative Fischer
Roberts
X
Sonnenberg
E
This Report was prepared by
Vigil
X
Clare Pramuk
Schwartz
X
Fischer
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Call to order and announcements
Legislative Intent of SB 14-115 Concerning the State Water Plan
Yampa, White, and Green Basin Roundtable Basin Implementation Plan
Report on Small Group Discussions
Yamp-White Public Testimony		-
Briefing only
Briefing only
-
-


9:12 AM -- Call to order and announcements

Representative Fischer, Chair, called the meeting to order and introduced committee staff. Members of the committee introduced themselves and the districts they represent.

9:19 AM -- Legislative Intent of SB 14-155 Concerning the State Water Plan

Representative Fischer discussed the format of committee meetings to satisfy the requirements of Senate Bill (SB)14-115. He explained that the Water Resources Review Committee is required by this law to review statewide planning for water resources. This meeting is for the Yampa, White, and Green (YWG) Basin Roundtable geographic region. Each of nine basins has prepared basin implementation plans (BIPs) and these meetings are an opportunity for the committee to learn about the plans. The BIPs will become part of the Colorado Water Plan (CWP). All plans and agendas are available on the WRRC webpage. He asked the audience if they were from the YWG Basin, whether they were elected officials, water providers, basin roundtable members, general public, or agricultural producers.

Jay Gallagher, Yampa-White basin representative on the Colorado Water Conservation Board (CWCB), was unable to attend the meeting and requested that a written overview and proposed framework of the CWP be provided to the committee and the audience (Attachment A).

Attachment A.pdfAttachment A.pdf
9:31AM -- Yampa, White, and Green Basin Roundtable Basin Implementation Plan

Jon D. Hill, Chair, YWG Basin Roundtable, thanked the committee for coming and the members of the roundtable that came to the meeting and participated in the writing of the YWG BIP. He noted concerns about water rights in the basin being junior to downstream water rights.

Jeff Devere, At-Large Representative, YWG Basin Roundtable, also thanked the committee for coming. Mr. Devere presented the YWG BIP to the group (Attachment B). He explained the primary roundtable priority is to protect the basin from curtailment in all circumstances for existing decreed, in-basin absolute water rights/uses, and achieve an equitable apportionment of native flows, over and above existing uses, for anticipated and unanticipated future water uses in the YWG Basin. The principal objective underlying all goals is the maintenance and protection of historical water use in the basin as well as the protection of water supplies for future in-basin demands.

Attachment B.pdfAttachment B.pdf

The roundtable created the term "negotiated equitable apportionment" meaning that if a large major project were proposed, it would require serious discussion about the nature of how it would affect the basin. Mr. Devere explained the projects and methods study that looks at demands, hydrology, identified projects and processes (IPPs), and shortages. For instance, the model shows the Piceance Basin having a potential high-level shortage. The model also shows that agriculture production cannot be expanded due to expected water shortages. The model can analyze different parts of the river under different scenarios and compare the impact of IPPs.

9:51 AM

Mr. Devere discussed the roundtable's constraints and opportunities in the BIP. Because it can't always be determined whether a factor is a constraint or opportunity, the roundtable refers to them as considerations. They recognize that almost any water supply will involve complex and nuanced tradeoffs. The YWG basin is less developed than other basins with relatively junior water rights. It has limited storage and less developed diversion infrastructure. It has numerous large conditional water rights and no history of mainstream administration. It also has flow requirements for endangered species protection.

Mr. Devere listed the processes and measurable outcomes identified in the BIP. These included protection of existing decreed and anticipated future water uses in the YWG Basin, expanding agriculture, identifying shortages, protecting environmental and recreational water uses, supporting water quality protection, improving water storage and distribution infrastructure, and developing an integrated system of water use/storage/administration/delivery to reduce shortages and meet environmental and recreational needs.

10:03 AM

The meeting recessed for small group discussion.

10:55 AM -- Report on Small Group Discussions

Representative Fischer called the committee back to order for reports from each table.

10:56 AM

Geoff Blakeslee, environmental representative on the YWG Basin Roundtable, reported that his table discussed the projects and methods study for the basin and that they like the flexibility it allows for trying different IPP scenarios. The process and methods model could help address growth and development. The table suggested that municipal and industrial (M and I) use may need to develop its own supply. The table noted that agriculture is important and they would prefer not to see "buy and dry." The table said that additional storage is needed for the White River for energy and other purposes and that the lack of water supply will not stop energy development. If the water isn't available energy companies will go after water from agriculture. The table suggested that the United States Geological Survey and the CWCB need to add measuring devices in all the basins to understand how water use is impacting flows in the rivers. The table didn't think that watershed management is well addressed in the BIP, but that environmental and recreational needs are well addressed. Fires on the Rio Grande, Arkansas, Poudre rivers make the issue of forest health important.

11:04 AM

Kevin McBride, Upper Yampa Water Conservancy District, reported that his table was concerned about the water rights in the basin being junior relative to other basins in the state. The table also expressed concerns about the Colorado River Compact compliance study. They confirmed the need for storage and the tools to be enable the basin to meet the goals of its BIP. The table recognized the need for flexibility in water administration rather than one-size-fits-all solution.

11:07AM

Peter Van De Carr river outfitter, board member, Yampa River System Legacy Group and Friends of the Yampa, reported that disruption of flow disrupts the quality of life. The basin's current method of agricultural irrigation is working but is inefficient and reduces flow to the river. However switching to sprinkler systems wouldn't support wetlands in the same way as flood irrigation. The table suggested changing the term "agricultural water use" to "agricultural water priority." The table wanted the release of water from storage timed so as not to diminish quality of life downstream. The table supported using the fallowing process to save water and wanted to see more transfers from agriculture.

11:13 AM

Jackie Brown, Routt County Conservation District and roundtable member, reported that the basin does not have extra water when accounting for growth. Growth anywhere in the state should only occur with the water we already have. Feeding the state and country will be hard with the loss of agricultural water. The table talked about maintaining the values that bring people to Colorado while doubling the population. Water quality and ecological systems need to be considered when planning for future growth. The technology and science for water are currently not sufficient for making decisions.

11:18 AM

Mary Brown, agriculture representative on the roundtable, reported that her table wanted better public access to the information underlying the tables in the BIP. The table expressed general support of the plan and equitable apportionment but had a wait and see attitude on the CWP. Modifications of the plan should not focus on the supply side and more attention should be given to the demand side. Preserving historic use as discussed in the BIP may not be efficient and could be improved upon. The table expressed concern that non-consumptive uses are focused on endangered species and not on watershed health. The table was concerned about maintaining the culture of the basin and preserving the manner in which the basin has operated.11:22 AM -- Public Testimony

11:22 AM -- Jackie Brown, Routt County Conservation District and Yampa-White Basin Roundtable (BRT) member, said that it is important that everyone understand that the basin roundtable and BIP represents years of roundtable members learning and developing trust in one another. She believes that the BRT did a good job and hopes that its efforts can be translated into the CWP in a way that interprets how their community values water.

11:25 AM -- Carolina Manriquez, Forester, Colorado State Forest Service, explained that they are an outreach agency that works with private land owners for better stewardship of forests and private lands. Routt County is almost half private land. She agreed with much of what was discussed by the small groups and advocated for the continued need for forest management in the district.

11:27 AM -- Ken Brenner, citizen, board member Upper Yampa Water Conservancy District, Friends of the Yampa, Yampa River Legacy Project, Colorado Mountain College trustee, representing himself, thanked the committee for SB14-115 so that citizens can be involved. He expressed concern about the possible role of the state in funding new water supply projects and request assurance that project sponsors will responsible for funding such projects. He noted that the front range has the ability to continue to improve conservation efforts, reuse water, refine water sharing between agriculture and municipalities and that this could be simplified with legislation. Local governments on the front range must not approve water consumptive land uses prior to proving that there is a sustainable water supply for such development. The highest and best use of the Yampa River is as a consistent and reliable source of water to meet the Colorado River Compact obligation. He doesn't want federal intervention or extensive fallowing like what is occurring in California. A negotiated equitable apportionment strategy needs to be identified before any projects move forward. The Yampa River is the cornerstone of basin's economy, and transmountain diversion would damage that economy. He noted that several portions of the Yampa River are suitable for wild and scenic designations from the BLM and that several endangered species depend on these waters.

11:32 AM -- Anthony D'Aquila, Steamboat resident, is pleased to see democracy in action and thanked members of the committee for their efforts. He supports the BIP but thinks its too supply centered and needs to look more at demand and management of demand. Colorado needs to lead in water conservation to protect our quality of life. He would like to see reuse, reduction, reclaimation, and efficiency in all sectors, not just the municipal sector. He suggested that planners who developed the Y-W BIP reconsider the water use numbers that are the basis for projecting shortages in the basin. He explained that these numbers are too high and recommended that these assumptions be reduced to reflect higher conservation levels. Finally, he said that a concern for water quality should be incorporated in the process.

11:35 AM -- Jon Hill, Rio Blanco County Commissioner and Yampa-White Basin Roundtable member, considers agriculture to be most important aspect of his county and discussed the contribution to stream flows from agricultural return flows. He suggested that the front range needs to think about storage projects there in addition to increased conservation. Most of the western slope have a high percentage of public land, and its necessary to bring those agencies on board with the CWP.

11:38 AM -- Kelly Heaney, Water Resources Manager for the City of Steamboat Springs,Yampa-White Basin Roundtable member, and board member of the Yampa River Legacy Project, Colorado Watershed Assembly, and Community Agriculture Alliance, testified that the city will continue to engage and monitor the process for the development of CWP and thanked the committee for its interest in this process.

11:39 AM -- Patrick O'Toole, rancher, explained how differently the western states treat water policy. He recommended defending the state's constitutional rights to manage its water. He noted that the head of the U.S. Environmental Protection Agency wants to get rid of prior appropriation in the west and the new U.S. Forest Services rules take over the state's ground water supply. When there is not a regulation or plan for providing water, storage is even more crucial, and on that note, it should not take 20 years to build a reservoir. The permitting process for building new projects needs to be fast-tracked. He noted that water is a bipartisan issue and that people would rather build storage than to transfer water from agriculture.

11:45 AM -- Kevin McBride, Upper Yampa Water Conservancy District, recommended that the committee keep in mind that there is not enough water to supply all demands for water in the Colorado River Basin and that the various demands for water be balanced. He noted that society deals with things after they occur and that its important to look at climate variability to better prepare for the future. He explained that there will be wet and dry times in the future so we need to make smart decisions and the CWP needs to work for all the possible conditions.

11:51 AM -- Soren Jespersen, President, Friends of the Yampa, thanked the committee for coming to the basin. He explained that roundtable meetings are intimidating and having elected officials to hear public testimony on the CWP is appreciated. He noted that the tools, assessments, and models have value but they hide the value of the Yampa River. The Yampa River is one of the longest free flowing river in Colorado if not the entire Colorado River system. There have been attempts to put dams in the river but those were rejected. The people in the valley protect the river. He noted that its important to live with resources we have and discussed the importance of the river for hunters, anglers, wildlife, and the basin's economy. He also expressed concern about water projects that may impact the basin.

11:56 AM -- Cody Perry, college outdoor education teacher, Friends of the Yampa, discussed the value of the Yampa River and the diverse range of biomes that depend it. He described his personal relationship with the river and explained the importance of educating students about the value of the river. He spoke in support of a sustainable future and expressed concern about water development that reduce flows in the river cause irreparable impacts downstream. He explained that water is the key to everything in the west and said that the CWP should be considered on moral grounds and it should address the kind of world we want to leave for others.

12:00 PM

Representative Fischer explained that the legislature will not approve the CWP and that the CWCB is charged with development and approval of the CWP.

12:02 PM

The meeting adjourned.