Water Resources Review Committee (10/01/2014)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	10/01/2014	ATTENDANCE

Time:	09:00 AM to 12:50 PM	Brophy	E
		Coram	*
Place:	Metropolitan State University	Hodge	X
		Jones	X
This Meeting was called to order by		Mitsch Bush	X
	Representative Fischer	Roberts	*
		Sonnenberg	X
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 SB14-155 Concerning the State Water Plan South Platte Basin Roundtable Basin Implementation Plan Remarks on Draft Colorado Water Plan Report from Small Group Discussions Public Testimony		- Briefing only Briefing only Briefing only - -

09:00 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.

09:05 AM -- Legislative Intent of SB14-155 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 Metropolitan 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 Southwest Basin, whether they were elected officials, water providers, basin roundtable members, general public or agricultural producers.

9:15 AM -- South Platte Basin Roundtable Basin Implementation Plan

Mark Koleber, Chair, Metro Basin Roundtable, Water Supply Director for the City of Thornton, presented the South Platte (SP) and Metro Basin Implementation Plan (BIP.) The basin is home to 70 percent of the state's population while 80 percent of the water supply is on the western slope. The urban sector provide for 80 percent of the state's economy. Growth is the single biggest driver of the need for additional water supplies. The state's population is expected to double by 2050 with most of that growth occurring in the SP Basin. A supply gap of 428,000 acre feet of water is expected by 2050, but current projects will address some of the gap. The largest supply gap is in municipal and industrial needs.

9:23 AM

Mr. Koleber explained the plans to meet the supply gap with a "balanced '4 legs of the stool' approach" that includes: conservation and reuse, identified projects and processes (IPPs), transfers from agriculture and alternative transfer methods (ATMs), and transmountain diversions. He also showed three alternative SP portfolios that consider agricultural transfers, multipurpose projects, ATMs, new Colorado River system water, IPPs, active conservation, and climate change. He noted that climate change could increase the supply gap.

9:30 AM

Mr. Koleber showed the estimated agricultural water shortages for 2050. He addressed the environmental and recreational issues in the SP Basin and discussed the SP Vision. He acknowledged that they need to look at the state as a whole. What they do in the SP Basin has a strong effect on the rest of the state so solutions must be balanced. The SP Basin needs to continue to be a leader in the efficient use and management of water.

9:35 AM

Mr. Koleber discussed the collaboration between the Metro Roundtable and the SP Basin Roundtable and the amount of public comment they have collected. The draft BIP was submitted to the Colorado Water Conservation Board (CWCB) July 31, 2014 and the final BIP will be submitted by April 1, 2015. Representative Corum asked about audits of water treatment, metering and losses. Mr. Koleber said that there are meters throughout the system and he would see about providing a response to his other questions. Senator Schwartz asked about conservation goals. Mr. Koleber will get her that information.

9:44 AM

The meeting recessed for small group discussions.

10:42 AM -- Remarks on Draft Colorado Water Plan

Patricia Wells, City and County of Denver Representative on the CWCB, Denver Water General Counsel explained that Denver Water serves about 25 percent of the state's population including 13 counties, a number of cities in the metro area as well as some ski areas on the western slope. As regards the Colorado Water Plan (CWP), she has heard a lot about the use of water outdoors being wasteful which she said is not true. For instance, a one-size-fits-all ratio of indoor to outdoor water use will not work in Colorado because different areas of the state have of different lengths of growing seasons. Urban landscaping is valuable for air and water quality, as well as peace of mind. She sees the role of the CWP is to value everyone's water use and to use it wisely.

The second issue for the CWP is to recognize that the future will be different from the past. Although the 2013 floods were not related to climate change, the drought and forest fires were related. The state need to look for sustainability of water use. Denver Water recycles wastewater for irrigation of parks and schools but recycled water is viewed as pollution by the Water Quality Division. Colorado is behind nationally on water reuse. ATMs don't work well in Colorado. The state needs to be more flexible in moving and sharing water. She explained that she is optimistic about the state's future water supply. She noted that the CWP is causing us to think about water. (Attachment A)

Attachment A.pdf

Representative Fischer acknowledged and introduced Representative Holbert and Senator Uliberri.

10:56 AM -- Report from Small Group Discussions

Chris Piper, Denver Water, presented for his table. He explained that agricultural water efficiency or transfers can hurt downstream uses and municipalities should only be able to take or transfer the consumptive use. Land use planning needs to include a focus on water efficiency. The table was concerned about too much growth, suggesting a need to plan for growth but not encourage it through subsidies. The table suggested finding ways to use water more holistically such as with rainwater capture and storm water capture. There needs to be a study and data to determine the impacts of rainwater and storm water capture and their impacts or non-impacts on the downstream users. Alternative uses/demands need to be more accessible and cost effective. People need to be educated about living in an arid state and offered incentives to xeriscape. The table expressed opposition to the Chatfield expansion, saying that reservoirs are inefficient and the CWP should look at underground storage. People enjoy having the river flowing through the city and Barr Lake State Park is great. HOAs that require things that are not always water efficient are a barrier to efficient water use. In regards to education and public participation, people can be more involved, through the use of social media. The use of public demonstration gardens should increase. Water issues need to be made personal in order to get people involved. The state, water providers and other users must indoctrinate people coming into the state about the arid environment.

11:02 AM

Robert Roland, Elbert County Commissioner and Roundtable member, reported that his group had some consensus but did not agree on all issues. The table discussed the need for conservation and whether that should be mandated or incentivized. The table noted that 87% of water goes to agriculture and they talked about the efficiencies and roadblocks to efficiencies. This included challenges with interstate compacts and and the need to store water that we're entitled to but goes downstream. The table discussed the importance of acknowledging our responsibility legally and morally to provide water to our downstream neighbors. Recreation, ecosystems, and environmental concerns are important to the state's economy. The table had a number of questions including whether transbasin diversions would be part of the CWP, how will all the BIPs blend together into a statewide plan and what impact will Environmental Protection Agency (EPA) regulations have on the state? The table noted that the reuse and recycling of water is important. Some members of the table were concerned about mandating conservation requirements. The table acknowledged that water education is important and that the Colorado Foundation for Water Education Citizen's Guide is a great resource.

11:07 AM

Casey Davenhill, Colorado Watershed Assembly, reported that her table talked about water education, and the possibility of having a water labeling mechanism so people can understand how their economic decisions impact the water supply. The table had questions about the data for the models used in the BIP. They discussed the economics of alternative transfer methods (ATM). They suggested that alluvial storage in the SP basin deserves more attention. There was general concern about losing the value of east slope agriculture by creating with too much "buy and dry." They discussed how the Metro Basin's plans includes only medium conservation goals although the basin has already achieved a high level of conservation. They suggested that conservation should result in a reduction in consumptive use. The table stated that we need to know the water inventory in order to better manage the water supply. It is the Legislature's duty to protect the public's interest in water as well as priority rights to that water. Finally, she noted that the CWP is a voluntary plan.

11:12 AM

Alex Lukens, noted that we are all 70 percent water. His table questioned what it means to remove water from agriculture. The table talked about incentives for sharing, ways of benefitting a former water right holder, and the problem with injection fracturing companies not reusing the water. The table suggested that there needs to be more land use and water planning locally and statewide and noted that half of the water use in the state is for outdoor irrigation. The table questioned whether there could be legislative support for local green infrastructure. They discussed the importance of flora and fauna filtering water, watershed health, forest management, the need for a better way of managing storm water, and the issue of in-stream water rights including the Memorandum of Understanding for Arkansas flows for rafting. Because state law requires that water be put to beneficial use, the table questioned whether those rights could be designated for a function of the river such as rafting. The table noted that upper mountain reservoirs are important and asked if it is appropriate for the legislature to designate specific uses because this is not a role of the CWCB. They also asked about the best way of arriving at a way to determine sensible use and discussed the advantages and disadvantages of ground water storage. The table suggested that the federal environmental impact statement process could be streamlined to reduce costs.

11:19 AM -- Public Testimony

Jennifer Barrow, from Lakewood, representing herself, would like a high conservation strategy included in the BIP in place of what is currently there. She xeriscaped her yard which increases her quality of life. She suggested that new development should include water-wise landscaping.

11:23 AM -- Alex Lukens, thanked the committee but had nothing to add to his earlier comments.

11:23 AM -- Robert Stocker wants the BIP to recognize our generation's moral responsibility to future citizens and to the future of life itself. He wants the CWP to be sustainable and environmentally responsible. He suggested a number of strategies to protect the environment. He commended the Legislature for the water conservation laws it has passed and made recommendations for future legislation (Attachment B) .

Attachment B.pdf

11:28 AM -- Julio Iturreria, Arapahoe County, Metro and SP Basin Roundtable, agrees with virtually everything that's been said, but as a professional planner, sees that there is a need for balance and being proactive. He noted that we are the last western state to do a water plan.

11:30 AM -- John McKenzie, Executive Director Ditch and Reservoir Company Alliance (DARCA), appreciates the state's outreach and noted that they have been conducting their own outreach statewide. The DARCA recommendations have been e-mailed to the committee (Attachment C) He explained the benefits provided by ditch and reservoir companies. DARCA is recommending a scientific modeling process. He talked about the need to determine goals first and then what decisions should be chosen for the greatest chance of success. DARCA is advocating for an open source collaborative process among the Colorado water community on a global, broad based approach.

Attachment C.pdf

11:39 AM -- Devon Buckels, Urban Waters Partnership, explained the effect of fires and floods on the quality of water. Forest management can help protect watersheds and water supplies. CWP should support the protection and restoration of the lands that suppor the hydology which provide and convey the water for our use. The CWP should support the incorporation of green infrastructure and the work of regional collaborative organizations like the Urban Waters Partnership. (Attachment D)

Attachment D.pdf

11:42 AM -- Brian Loma, President, Metropolitan State University (MSU) Water Association of Students Stewards Urban Program, has concerns about the CWP. He noted that "use it or lose it" does not encourage water conservation. The law requiring farmers to prove they need all the water they have or lose it causes waste and should be changed. MSU students were impressed with New Belgium Brewing's water conservation processes. He suggested that graywater infrastructure needs to be developed for new growth. The recycling of fracking water should be required. The CWP should include smart sprinkler systems and requirements for additional technology. He noted the importance of teaching positive water consumption practices. One case of bottled water consumes three quarts of oil and he would like to see MSU become a non-plastic water bottle campus.

11:48 AM -- Bob Longenbaugh, commented on water in the metro area. He explained that there are significant changes occurring in the basin. There are an increasing number of gravel pits being used for storage. Use of exchanges for moving that water is important and may require legislative action. River administration is getting more complex. Water court decrees that fix certain return flows are not representing Mother Nature today or in the future. Environmental and recreational uses add complexity to water administration. He recommended that the CWP be updated frequently as conditions change.

11:53 AM -- Nancy Stocker, is concerned about taking a lot of water from the Colorado River in the BIP which is greatly overutilized. Transbasin diversions damage the basin it comes from, increases the risk of extreme flooding to the receiving basin, and are expensive. Transbasin diversions should be the last choice or not done at all. She believes that efficiency as a source of water in the CWP is underestimated. Denver Water customers cut back on their water use so much last year, that Denver Water couldn't pay its bills. Some communities are embracing composting for reasons other than saving water. Composting would save water and should be encouraged. Waterless toilets will save a huge amount of water. She stated that we can conserve water much more than we do. (Attachment E)

Attachment E.pdf

11:57 AM -- Dr. Stephen Jordan, President, Metropolitan State welcomed the committee.

Pauline P. Reetz, Conservation Chairman, submitted written testimony on behalf of the Audubon Society of Greater Denver (Attachment F)

Attachment F.pdf

12:00 PM -- Committee recessed for tour of the Center for Advance Visualization and Experiential Analysis.

12:50 PM -- Adjournment.