Water Resources Review Committee (08/28/2014)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	08/28/2014	ATTENDANCE

Time:	01:03 PM to 03:51 PM	Brophy	E
		Coram	X
Place:	Inn of the Rio Grande, Alamosa	Hodge	X
		Jones	X
This Meeting was called to order by		Mitsch Bush	E
	Representative Fischer	Roberts	X
		Sonnenberg	X
This Report was prepared by		Vigil	X
	David Beaujon	Schwartz	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Call to Order and Announcements Rio Grande Basin Roundtable Basin Implementation Plan Reports on Small Group Discussions Public Testimony		- Briefing only Briefing only -

02:04 PM -- Call to Order and Announcements

Representative Fischer, Chair, called the meeting to order and 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. The committee is required to hold at least one public hearing in each geographic region associated with basin roundtables to collect feedback from the public. The committee must provide a summary of the public's feedback as well as its own feedback to the CWCB by November 1, 2014. By July 1, 2015, the CWCB is required to submit a draft state water plan to the committee, after which the committee must hold at least one public hearing in each basin to collect feedback from the public. The committee must provide a summary of the public's feedback as well as its own feedback to the CWCB by November 1, 2015.

01:27 PM -- Rio Grande Basin Roundtable Basin Implementation Plan

Travis Smith, member of the Colorado Water Conservation Board (CWCB), explained the role of the CWCB in the development of the Colorado Water Plan (CWP) and discussed Governor Hickenlooper's Executive Order concerning the CWP.

01:30 PM

Mike Gibson, Chair, Rio Grande Basin Roundtable, showed a video of water resources and other highlights of the Rio Grande Basin (RGB). He also distributed a handout that summarizes the RGB Basin Implementation Plan (BIP) (Attachment A) and provided a presentation on the BIP (Attachment B).

Attachment A.pdf

Attachment B.pdf

01:37 PM

Judy Lopez, member of the RGB Roundtable and Public Education, Participation, and Outreach coordinator for the roundtable, discussed public outreach conducted by the RGB Roundtable to educate the community about the Colorado Water Plan and to generate feedback on the the draft RGB BIP and other issues.

01:40 PM

Mr. Gibson identified the issues considered during the development of the draft RGB BIP and discussed the goals and outcomes of the plan including complying with the Rio Grande Compact, sustaining agriculture, aquifers, protecting watersheds, and maintaining soil health He explained that agriculture is the primary economic driver in the RGB and it uses the majority of the basin’s water. He also discussed the challenge of meeting the water delivery obligations under the Rio Grande Compact which is the number one priority in the basin and the effect the compact has on irrigators and other water users in the basin. He identified measures taken by groundwater users in the basin to restore aquifer levels and protect senior water users from depletions caused by groundwater pumping. Unlike many other parts of the state, he explained that the basin does not expect significant additional water needs for municipal and industrial users. However, he explained that municipalities in the basin are facing other challenges including an aging infrastructure and limited financial ability to pay for the rehabilitation of this infrastructure. Municipalities will also have to find water to augment depletions to protect other water rights.

01:47 PM

Tom Speeze, Executive Director, Rio Grande Watershed Emergency Action Coordination Team (REACT), discussed the impact of the 109,000 acre West Fork Fire that occurred in 2013 and identified measures taken to mitigate these impacts. He also explained that there are 485,000 acres of insect infested forest in the Rio Grande National Forest that are at risk of burning and further impacting the watershed. Consequently, the RGB BIP's first goal is: "Protect, preserve and/or restore the sustainability of the Rio Grande Basin watersheds by focusing on the watershed health and ecosystem function." He explained that REACT has commissioned a study to determine if the basin could support a biomass industry to help manage forest health and protect the watershed, as well as other measures.

01:54 PM

Mr. Gibson identified challenges to meeting the water needs of the Rio Grande Basin that are addressed in the RGB BIP including reduced water flows and an earlier runoff related to climate change, insect damage to forests, dust on snow, and other challenges. The BIP identifies measures to address these challenges through improved water management including improved stream flow forecasts, re-timing of releases from reservoirs, restoration of aquifer levels, and other measures. He explained the RGB supports the development of the CWP and the Interbasin Compact Committee (IBCC's) development of a conceptual agreement on future transbasin diversions.

02:04 PM

The committee recessed for small group discussions on the CWP.

02:49 PM -- Reports on Small Group Discussions

Peggy Godfrey explained that the 3rd goal of the RGB BIP is to "sustain the confined and unconfined aquifers. . .". Instead, her table recommended the BIP's goal should also be to "restore" the aquifers. Goal 5 of the BIP is to "manage water use to sustain optimal agricultural economy throughout the basin’s communities." Her table recommended that "optimal" be changed to "diversified" to reflect the broad range of agricultural activities in the basin including ranching and farming. Goal 6 is to "support the development of projects and methods that have
multiple benefits for agricultural, municipal and industrial, and environmental and recreational water needs." After

"water needs" her table recommend adding "according to the doctrine of prior appropriation" and that such projects be collaborative. The table also expressed concern about additional transbasin diversions that export water from the basin.

02:53 PM

Marty Jones reported that his table saw increased collaboration between water users in the valley in recent years and that such collaboration will help the basin address its water supply challenges. He discussed the water infrastructure needs of small communities and explained that his table recommended that the CWP and Colorado Water Conservation Board (CWCB) assist these communities in addressing their infrastructure needs. The table also supported the RGB BIP and agreed that basin roundtables should evaluate water projects based on their consistency with BIP goals. The table also requested that the legislature allow sufficient time for BRTs to develop the CWP and not interfere with this development.

02:56 PM

Judy Lopez explained that the Rio Grande Decision Support System identifies depletions caused by phreatophytes in the basin. Her table recommended that the BIP also identify the need to replace these depletions and encourage the restoration of native vegetation in the basin The table recommended that the legislature consider measures to streamline the permit process for water projects that meet BIP goals and have broad support from the basin. Unlike other basins, she explained that the RGB must live under regular compact calls and asked that the committee be aware of this challenge. Her table also recommended that adequate funding be provided for SNOTEL and other water monitoring systems in the basin to help ensure that it is able to comply with the compact. Her table also recommended that rules and regulations concerning groundwater pumping in the basin be provided sufficient time to work. The table also agreed that exports from the basin will be strongly opposed by the basin and that the Rio Grande Compact protects the basin and should not be amended.

03:02 PM

Rio de la Vista reported that the process to develop the CWP has helped unify the basin and her table supports multi-use and collaborative projects to address the basin's and the state's water supply needs. She also discussed the need to keep senior water rights use near the river to protect return flows to the river and the need to use water efficiently Her table also expressed concern about population growth and the possibility that other basins would look to obtain water from the RGB to help meet that growth. It also determined that urban areas must use water efficiently prior to looking for new supplies and urban users should be made aware of the source of their water supply. Her table also supports maintaining the prior appropriation doctrine while allowing flexible water use.

03:08 PM

Craig Cotton reported that his table focussed on environmental issues related to the CWP and recommended that sustainable water use be encouraged and that ways to decrease water use be considered. It also recommended that innovative solutions be used to satisfy new water demands including the use of water cleaning technologies, and that greater biodiversity in agricultural lands be encouraged. It also supports provisions of the RGB BIP concerning soil health and that the status quo be maintained in terms of transbasin diversions into and out of the basin. The table also recommended collaboration between water users to identify win-win solutions and that land use planning for outdoor water consumption be included in CWP.

03:12 PM

Tom Speeze reported that his table agreed that the CWP should support both large-scale commercial agriculture and small-scale residential agriculture and it should encourage the development of hydrologic modelling to improve water management decisions and guide project funding decisions by the CWCB. The table discussed the importance of complying with the Rio Grande Compact and the need for new water storage in the basin to create more consistent stream flows in the basin and in downstream states. It also agreed that the CWP should recognize that climate change is occurring and should identify measures to offset it effects including cloud seeding. The public should also be educated about the the Water Supply Reserve Account and other sources of funding that are available for water projects. The table also discussed the importance of public "buy in"of the CWP and it recognized the importance of forest health to watershed protection.

03:15 PM

Jim Ehrlich reported that his table agreed that the Rio Grande Basin is unique from other basin and that the CWP recognize the unique aspects of each basin. It should also recognize property rights of water rights owners and provide alternatives to buy and dry of agricultural water rights. The plan should also address impacts from land fallowing in the basin to sustain the aquifers. The success of the CWP will also depend on the development of new storage. Towards that end, the state should streamline its regulations for new reservoirs and improvements to existing reservoirs. The table also agreed the process to develop the CWP has been positive because it encouraged the basin to focus on its water needs.

03:21 PM -- Public Testimony

03:21 PM -- Ron Brink, member of the Rio Grande Basin Roundtable, spoke in support of maintaining the doctrine of prior appropriation. He also explained that each basin's water needs are unique and that the Colorado Water Plan (CWP) will be able to reflect these characteristics.

03:24 PM -- Rio de la Vista, member of the Rio Grande Basin Roundtable, described the need for adequate state funding for the basin roundtable process and water projects identified by the basin roundtables. She requested that the CWP recognize the importance of forest, rangeland, and soil health in ensuring an adequate water supply and a healthy watershed. It should also recognize that measures to improve soil health can also help store carbon and help offset impact from climate change.

03:28 PM -- Chuck Reel, representing himself, objected to the restrictions placed on in-house only well permits that prevent him from using his well water to grow a small garden for personal consumption without an augmentation plan. He also objected to the law that prevents him from using rainwater that he collects from his property to irrigate his garden and the use of water for "fracking" in energy development.

03:31 PM -- Dale Pizel, Colorado Parks and Wildlife Commissioner, spoke in support of the development of a state water plan that is based on collaboration of water users and that will be used by water planners and providers. He also recommend that the plan be periodically updated to reflect what works in water planning.

03:37 PM -- Mike Gibson, San Luis Valley Water Conservancy District, explained that volunteers have provided significant assistance to the Rio Grande Basin Roundtable and in the development of the Rio Grande Basin Roundtable Basin Implementation Plan. He urged the legislature to provide sufficient time for the basin roundtables and the Colorado Water Conservation Board to develop the CWP. He also spoke in support of a review of state and federal regulations to streamline the permitting process for water projects.

03:43 PM -- Susan Wolfrey, representing herself, spoke in support of being conscious of the needs of the Earth and urged people to work cooperatively for the benefit of humanity.

03:46 PM -- Steve Navratil, representing himself, recommended that the CWP reflect the connection between energy use and water availability. Specifically, it should consider climate impacts caused by the burning and production of fossil fuels and to encourage greater use of renewable energy, including solar energy. He also spoke in support of state incentives to use land from farms that are participating in a land fallowing program for renewable energy generation.

03:51 PM

The meeting adjourned.