Water Resources Review Committee (08/06/2014)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	08/06/2014	ATTENDANCE

Time:	09:00 AM to 04:37 PM	Brophy	*
		Coram	*
Place:	HCR 0112	Hodge	E
		Jones	X
This Meeting was called to order by		Mitsch Bush	X
	Representative Fischer	Roberts	X
		Sonnenberg	*
This Report was prepared by		Vigil	X
	Brooke Maddaford	Schwartz	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Objectives and Process for the SB 14-017 Hearing Concerning Conservation of Municipal Water Used for Outdoor Purposes Background and Intent of SB 14-017 Current State Policies and Programs Concerning Municipal Outdoor Water Consumption and their Presentation in the Draft Colorado Water Plan Current Programs and Barriers Faced by Municipal Providers in Reducing Outdoor Water Consumption Measures and Obstacles to Reducing Outdoor Water Consumption in Residential Developments Policy and Best Practices for Municipal Water Conservation Update on Other States' Policies and Colorado River Initiatives to Reduce Municipal Outdoor Water Consumption Next Steps for Reducing Municipal Outdoor Water Consumption Public Testimony		Committee Discussion Only Committee Discussion Only Committee Discussion Only Committee Discussion Only Committee Discussion Only Committee Discussion Only Committee Discussion Only Committee Discussion Only Committee Discussion Only

09:04 AM -- Objectives and Process for the SB 14-017 Hearing Concerning Conservation of Municipal Water Used for Outdoor Purposes

Representative Fischer opened the discussion of Senate Bill 14-017 and introduced Mary Lou Smith, Facilitator for Colorado Water Institute at Colorado State University. Senate Bill 14-017 concerns a limitation on the approval of real estate developments that use water rights decreed for agricultural purposes to irrigate lawn grass. Ms. Smith described Senate Bill 14-017 including the importance of conserving municipal water used for outdoor purposes and she described the process used to determine how to implement the bill. She also talked about makeup of the panel that will be discussing the background and intent of the bill.

09:12 AM -- Background and Intent of Senate Bill 14-017

Senator Roberts introduced the panel that will be discussing the background and intent of SB 017.

09:13 AM -- Steve Harris, Southwest Basin Roundtable Member, discussed his professional background and the importance of addressing permanent agriculture dry up, which was the intent of SB 14-017. Mr. Harris talked about his basin roundtable's conservation goals, including implementing a goal ratio of 60/40 of inside water use to outside water use. He discussed the need for the Colorado Water Plan to include a statewide conservation goal and measurable outcomes.

09:18 AM -- Bruce Whitehead, Southwest Basin Roundtable Member, discussed conservation, development of Identified Projects and Processes (IPPs), agricultural dry up, and transmountain diversions, which is the export of water from the west slope to the east slope. He said that about half of Denver's water supply comes from the west slope and discussed the impacts of those transmountain diversions. Mr. Whitehead talked about the Colorado River Compact, water averages of the Colorado River over the past decade, and the potential impacts on agriculture and other industry in Colorado of lowered water levels in the Colorado River system. He discussed the difference between consumption of water versus diversion of water and said that SB 017 was created to address concerns about outdoor consumption of water.

09:28 AM -- Don Shawcroft, President, Colorado Farm Bureau, discussed the intent of SB 017, the value of water rights holders and water users, and the water "gap" between Colorado's projected future water needs and the water that is available now. Mr. Shawcroft discussed the importance of water storage and a document created by the Colorado Agricultural Water Alliance that addresses some of the complications in the conversation about water conservation (Attachment A). He also talked about the importance of water conservation education.

Attachment A.pdf

09:33 AM -- Chris Treese, Colorado River Water Conservation District, discussed the statewide applicability of limits on outdoor water consumption and the role of local governments and HOAs in the implementation of SB 017. He talked about the Club20 water committee's endorsement of a resolution that recognizes both municipal in-house conservation and also outdoor water conservation needs and opportunities.

09:37 AM

Committee discussion ensued regarding municipal efforts on the western slope regarding water conservation. Mr. Harris responded to questions from the committee regarding how the goal of a 60/40 ratio of indoor to outdoor water use would be measured. Mr. Treese, Mr. Shawcroft, and Mr. Whitehead responded to questions regarding conservation discussions that have occurred during basin roundtable meetings and how the outcomes of those conversations might be communicated in the Colorado Water Plan. Committee discussion ensued regarding the importance of, and funding for, building additional water storage reservoirs to meet Colorado's water needs.

09:53 AM -- Current State Policies and Programs Concerning Municipal Outdoor Water Consumption and their Presentation in the Draft Colorado Water Plan

Kevin Reidy, Water Conservation Technical Specialist, Colorado Water Conservation Board (CWCB), discussed how the CWCB contributes to the statewide conservation of Colorado's water including offering assistance for water planning, conservation education, and conservation incentives. Mr. Reidy said that the CWCB focuses on providing assistance for water providers that provide more than 2000 acre feet of water each year and he also discussed the CWCB's water efficiency grant program. He talked about regulations regarding the elements that must be included in water planning documents and the value of data that has been collected. Mr. Reidy also discussed the three primary ways to reduce outdoor water usage including installing low-water landscapes, increasing irrigation efficiency, and reducing lot size and landscaped areas.

10:05 AM -- Joe Stribrich, Planning Director, Aurora Water Department and member of the Interbasin Compact Committee (IBCC), distributed written testimony to the committee (Attachment B). He spoke about the importance of water conservation and re-use, the IBCC's water conservation sub-committee, and the IBCC's low and no-regrets action plan. He talked about difficulties that municipalities experience when trying to implement conservation measures and the value of best management practices (BMPs).

Attachment B.pdf

10:20 AM -- Jacob Bornstein, Program Manager, CWCB, discussed the No/Low Regrets Action Plan (Attachment C) and the IBCC Draft Conceptual Agreement (Attachment D). He talked about active versus passive water conservation and the importance of conserving outdoor municipal water use. Mr. Bornstein discussed possible ways to increase water efficiency, change Colorado's landscapes to more conservation oriented landscapes, and adapt to changes in population density by changing land use and lot size. He also talked about the value of tax incentives, the implementation of structured tap fees, and regional collaborative planning. Mr. Bornstein discussed BMPs including water rates, smart metering, audits, and landscape transformation. Finally, Mr. Bronstein discussed the importance of engaging in a stakeholder process when considering legislation.

Attachment C.pdf

Attachment D.pdf

10:35 AM -- Rebecca Mitchell, Water Supply Planning Section Chief, CWCB, talked about the data, reports, and policies being examined by the CWCB while drafting the Colorado Water Plan (CWP). She discussed the roles of numerous entities and strategies in the conservation section of the draft CWP including, but not limited to: Basin Implementation Plans (BIPs), the tracking and quantification of data, comprehensive water efficiency procedures and education, local regulation, and funding.

10:44 AM

Mr. Stribrich and Mr. Bornstein responded to questions from the committee regarding municipal water usage in the city of Aurora; educational campaigns' emphasis on why conservation is important and the connection between agriculture and conservation; and the term "new" water supply.

11:13 AM -- Current Programs and Barriers Faced by Municipal Providers in Reducing Outdoor Water Consumption

11:15 AM -- Jim Hall, Water Rights Manager, City of Greeley, discussed Greeley's conservation plan (Attachment E) and detailed Greeley's informational water budget, park and golf course water budget, and educational outreach that includes targeted communication with citizens. Mr. Hall discussed how water demand remained constant while Greeley's population increased 40 percent since 1990. He said that since 2002, per capita demand has dropped more than 20 percent.

Attachment E.pdf

11:20 AM -- John Barnett, Long Range Planner, City of Greeley, discussed the draft of Greeley's landscape policy for water conservation, plants that grow in each of Greeley's four hydro-zones (high, moderate, low, and very low water use), possible ways to implement lower-water use plants in and around Greeley, and Greeley's
investments in planting lower-water use plants in Greeley's parks. Mr. Barnett talked about education and technical assistance that Greeley is providing to its citizens to best implement BMPs for Greeley's landscapes. He also talked about possible incentives and regulations that Greeley is considering implementing to better conserve water usage.

11:30 AM -- Greg Baker, Public Relations Manager, Aurora Water, distributed a written statement (Attachment F) and talked about Aurora Water's conservation programs, educational outreach efforts, collaboration with other municipal water providers, and tap fee structure. Mr. Baker also discussed incentives for conservation and the importance of local control.

Attachment F.pdf

11:36 AM -- Paul Fanning, Public Relations and Legislation Administrator, Board of Water Works of Pueblo, discussed the profile of the board, programs within the board and the board's educational and informational campaign that stresses to citizens the importance of water conservation. He talked about system metering and automated meter readings and the board's water main replacement program. Mr. Fanning described results seen from the implementation of water conservation efforts and challenges faced by the board.

11:50 AM -- Mark Marlowe, Utilities Director, City of Castle Rock, discussed the population of Castle Rock, the 30 percent reduction of water use in Castle Rock in the last decade, current conservation programs in the city, the city's water efficiency plans, and the city's website, which is www.CRconserve.com. Mr. Marlowe discussed some of the barriers to reducing outdoor water use and goals and incentives to improve Castle Rock's water conservation efforts.

12:01 PM -- Curtis Mitchell, Utilities Director, City of Fountain, discussed population growth within Fountain, Fountain's water conservation programs, the importance of citizen education, recent water rate increases, rebate programs, and new water acquisition fees.

12:13 PM

Mr. Marlowe, Mr. Mitchell, and Mr. Barnett responded to questions from the committee regarding challenges faced when working with HOAs to implement xeri-scape landscapes.

12:17 PM

The committee recessed.

01:17 PM -- Measures and Obstacles to Reducing Outdoor Water Consumption in Residential Developments

The committee returned from recess.

Beorn Courtney, President, ELEMENT Water Consulting, discussed options for reducing outdoor demand with plants, tools for managing outdoor water use including landscape/irrigation system regulations, outdoor water budgets with inclining block rates, inspections and certifications, education, and rainwater harvesting and reuse. Ms. Courtney talked about the steps and people involved in creating a viable conservation project including a water budget worksheet. She discussed two specific water conservation projects and their outcomes including one in Castle Rock and one in Sterling Ranch. Ms. Courtney concluded by talking about various measures and barriers to improving water conservation.

01:42 PM -- Chris Piper, Government Relations, Denver Water, discussed outdoor municipal water conservation and water use including improvements in Denver Water's water conservation program and opportunities for continuing to improve conservation related to landscape choices and reduced landscape area. Mr. Piper detailed some of the barriers to improving conservation efforts and the value of data collection and determining local versus state regulation needs. He also discussed how codes and ordinances can provide meaningful guidance in master plans around overall water use, the importance of education, and the ability for the state to provide consistency in planning, products, and certifications. He talked about the value of research to help determine how to improve water conservation measures.

01:57 PM -- Chris Elliott, E5X Management, distributed Attachment G. He discussed the need for local jurisdictions, local governments, and developers to collaborate when developing residential projects. He talked about the challenges he has faced in developing residential communities and he responded to questions from the committee regarding rules and regulations enforced by local jurisdictions related to water conservation.

Attachment G.pdf

02:05 PM -- Policy and Best Practices for Municipal Water Conservation

Paul Lander, Alliance for Water Efficiency, discussed urban landscape water budgets, reallocation of available water resources, water usage patterns seen in Western cities, the cost of wasting water, and the importance of measurable and definable conservation goals. Mr. Lander talked about the importance of using GIS data to measure landscape and urban water use and the economic benefits of green infrastructure. He described the importance of educating citizens to understand water budgets, and the success of Irvine Ranch, California's rate structure and plant material selection which reduced water use substantially. He also talked about how water storage can be utilized in xeri-scape landscapes and how outdoor water use can be optimized. Mr. Lander responded to questions from the committee regarding if the CWP should have a measurable conservation outcome included in it, the relationship between water conservation and irrigated agriculture, and the net savings of planting different types of trees.

02:39 PM -- Frank Kinder, Colorado Water Wise and Colorado Springs Utilities, and Brenda O'Brien, GreenCo, introduced themselves. Ms. O'Brien discussed how BMPs for outdoor water conservation support the goals of SB 017. She talked about the missions of GreenCo and Colorado Water Wise, GreenCo's water policy positions, and the evolution of GreenCo's BMPs. She detailed GreenCo's 39 voluntary BMPs, which include reducing landscape water use, protecting water quality, and promoting sustainable landscaping. Mr. Kinder said that Colorado Water Wise's outdoor BMPs promote very similar goals. Ms. O'Brien outlined the numerous partners involved in the creation of GreenCo's BMPs and discussed the importance of integrating BMPs into local practice. She stated GreenCo's support for SB 017 and requested the WRRC's support of GreenCo'sWater Efficiency Grant Application request to the CWCB.

03:03 PM -- Update on Other States' Policies and Colorado River Initiatives to Reduce Municipal Outdoor Water Consumption

James Lockhead, CEO and Manager, Denver Water, distributed Attachments H, I, and J, and discussed the sources of water used by Denver Water to supply its customers. He discussed water supply challenges affecting the upper Colorado River Basin including the risk of a compact call and the potential loss of hydropower generation revenues from Lake Powell. He also identified potential strategies to address water shortages in the upper basin including changes in water management practices, such as use of alternative reservoirs, and demand management. He discussed the provisions of the August 6, 2014 Press Release concerning a new partnership to address drought in the Colorado River Basin (Attachment H).

Attachment H.pdf

Attachment I.pdf

Attachment J.pdf

03:19 PM

Don Shawcroft, President, Colorado Farm Bureau, explained why his organization joined the partnership discussed in the August 6, 2014 Press Release concerning a new partnership to address drought in the Colorado River Basin (Attachment G). He also talked about the potential benefits of a pilot project to reduce demand in the Colorado River Basin that aims to address water levels in Lake Powell and Lake Mead.

03:24 PM

Mr. Lockhead responded to questions from the committee about the water allocation to the upper and lower basin states pursuant to the Colorado River Compact and strategies to meet compact obligations.

03:29 PM

Bruce Whitehead, Southwest Water Conservation District, discussed the August 6, 2014 Press Release (Attachment H), the importance of the Colorado river system, and conservation strategies and responsibilities.

03:32 PM

Drew Beckwith, Water Policy Manager, Western Resource Advocates, discussed other states' policies to reduce municipal outdoor water consumption (Attachment K) such as the Arizona Groundwater Management Act. He also talked about landuse planning restrictions, rainwater harvesting, and incentive based programs being used in other states such as turf-rebate programs and tap fee reduction programs.

Attachment K.pdf

03:47 PM -- Next Steps for Reducing Municipal Outdoor Water Consumption

Alan Hamel, CWCB member, discussed the importance of water conservation, protecting agriculture, water storage to help meet the water gap, and measurable goals. He summarized some of the points raised during the day's meeting including the importance of the BIPs and roundtables, the repeated sentiment that a "one size fits all" water plan will not work in Colorado and that education of the public about Colorado's water is crucial. He discussed some of the water conservation efforts and programs being implemented by various municipalities in Colorado, the many differences between Colorado's various municipalities, the benefits of wise urban landscaping, BMPs, water

budgeting, and the importance of data collection to influence the decision-making process. Mr. Hamel talked about the complexity of water conservation and stressed the value of collaboration to determine how best to utilize Colorado's water resources.

04:03 PM -- April Montgomery, CWCB chair, discussed some of the values that were stressed during the day's meeting including the idea that conservation needs to be part of every water conversation. She talked about the legislature's leadership role moving forward and said that there may be an opportunity to create a new way of looking at conservation in Colorado that may include a task force that includes stakeholders and a facilitative process to determine the state's role in conserving Colorado's water. Some issues that such a task force could consider include: what issues should be controlled on the state level versus the local level, what role should BMPs play in conservation, what role should the state play in creating a water budget, conservation goals, consistent definitions, and/or a certification for landscaping. She talked about the importance of timing in determining the state's role in all of these areas as well as in the creation of the CWP. She also talked about how legislation might address various conservation issues and the socio-economic impacts and trade-offs of transmountain diversions and agriculture dry up. She stressed the importance of incentives and education in future water conservation efforts.

04:16 PM

Committee discussion ensued regarding possible next steps for the WRRC to improve water conservation in Colorado including the possible formation of a conservation task force and the role of Senate Bill 14-115 in the development of the Colorado Water Plan.

04:29 PM

Ms. Montgomery responded to questions from the committee regarding the possibility of creating a policy making model involving CWCB staff, the IBCC, stakeholders, and the legislature.

04:31 PM

Mary Lou Smith offered closing remarks on the day's meeting. Committee discussion ensued regarding other stakeholders that should be included in the conservation conversation.

04:36 PM -- Public Testimony

There were no public comments made.

The committee adjourned.