Water Resources Review Committee (09/04/2014)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	09/04/2014	ATTENDANCE

Time:	08:48 AM to 05:05 PM	Brophy	*
		Coram	X
Place:	HCR 0112	Hodge	X
		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:
Call to Order and Announcements from the Chair Groundwater Policy and Administration in Colorado's Water Plan, Basin Roundtables and Basin Implementation Plans Agriculture Producers' Perspectives on Current Groundwater Administration Review of HB-1278 Study Recommendations for the South Platte Alluvial Aquifer Overview of Augmentation Plan Statutes and Rules Colorado's Anti-Speculation Water Doctrine Rio Grande Basin Aquifer Issues - Groundwater Subdistrict Rulemaking and Augmentation Plan Process Overview of Designated Basin and Denver Basin Groundwater Policy and Practice Update, Status, and Objectives of the South Platte Coop Update, Status, and Objectives of the South Platte Basin Roundtable Groundwater Committee Panel Discussion on Current South Platte Groundwater Issues 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 Committee discussion only Committee discussion only Committee discussion only

09:02 AM -- Call to Order and Announcements from the Chair

Representative Fischer announced various Water Resources Review Committee (WRRC) meetings occurring in the future. Staff distributed a flyer inviting the committee to tour the Rueter-Hess Reservoir on Monday, September 29, 2014 (Attachment A).

Attachment A.pdf

09:04 AM -- Groundwater Policy and Administration in Colorado's Water Plan, Basin Roundtables and Basin Implementation Plans

John Stulp, Interbasin Compact Committee (IBCC) Chair and Special Policy Advisor to Governor Hickenlooper on water, discussed House Bill 05-1177, which was the Water for the 21st Century Act that created the IBCC and the nine water basins in Colorado. He distributed copies of his presentation to the committee (Attachment B) and talked about the role that groundwater plays in the draft Colorado Water Plan (CWP) and the importance of groundwater in Colorado. He discussed the Basin Implementation Plans (BIPs) that have been submitted and the role that groundwater plays in the Arkansas Basin, Colorado Basin, Rio Grande Basin, and South Platte BIPs. He talked about the Ogallala Aquifer including the reliance on this aquifer for agriculture production in the United States, the declining supply of this aquifer, and abandonment of wells within this aquifer. He responded to questions from the committee regarding page two of Attachment B and discussed the importance of the South Platte River Basin, including the large population who rely on this water, the numerous aquifers in this basin, problems with high groundwater areas in this basin that have affected residences, and existing recharge structures in the South Platte basin. Mr. Stulp closed his remarks with a discussion of the draft CWP and encouraged people to visit www.coloradowaterplan.com.

Attachment B.pdf

09:25 AM

Mr. Stulp responded to questions from the committee regarding recharge structures in the South Platte basin.

09:28 AM -- Agriculture Producers' Perspectives on Current Groundwater Administration

Robert Sakata, Sr., Glen Fritzler, and Donald Jones, representing the South Platte Basin, introduced themselves. Staff distributed Attachments C, D, E, F, and G to the committee.

Attachment G.pdf

Mr. Sakata discussed his experiences of farming vegetables for 69 years in Adams and Weld counties with ditch water and supplementing it with well water. He talked about techniques he used to keep his farm operating through drought and difficulties he has encountered with pumping regulations. Mr. Sakata made several recommendations to the committee including bringing the responsibility of managing the South Platte river and the wells back to the State Water Engineers office while continuing to allow water court to manage change of use cases and eliminating all past pumping depletion to the present annual pay back depletion.

09:38 AM

Glen Fritzler, representing the South Platte Basin, discussed over augmentation of water, problems he has encountered with water in his basement because of rising groundwater in the South Platte basin, how high groundwater levels interacts with normal leaching of salts and reduces yields on crops, and how groundwater interacts with rural leach fields for human sewage. Mr. Fritzler read a statement from his friend and neighbor Harry Strohauer describing his difficulties farming in Colorado and his decision to move his potato operation to Northern New Mexico as a result. Mr. Fritzler described why dewatering and recharging will not solve the problem of high groundwater in the South Platte basin and called for legislation that will address this problem. He also talked about the need for improved technology.

09:49 AM

Don Jones, representing the South Platte Basin, discussed changes that he has witnessed in Northern and Northeastern Colorado over the past decades. He talked about his concerns about water assets not being fully utilized in the South Platte basin; water loss and economic loss because of poor water management; different management practices along the South Platte river that have been instituted over the years; and well abandonment. Mr. Jones talked about augmentation practices that are currently in place, the rate at which rising groundwater levels are occurring in the South Platte basin, well curtailment, and the need for new and more accurate research to determine how to best manage the South Platte basin.

10:01 AM

Mr. Kelly Roesch, representing the Arkansas Basin, discussed his experiences farming with surface water, his involvement with the Colorado Water Protective and Development Association (CWPDA), how drought in the Arkansas valley affects residents and farmers, the rising cost of and demand for water in the Arkansas valley, and the need for allowing additional augmentation to use surface water.

10:10 AM

Peggy Godfrey, representing the Rio Grande Basin, talked about her experiences as a rancher in Colorado in Saguache county, difficulties that she has encountered with the management of groundwater in the Rio Grande basin, the need for gain/loss studies on streams, and the pumping of water from non-augmented wells. She distributed her remarks to the committee (Attachment H).

Attachment H.pdf

10:19 AM

Don Shawcroft, representing the Rio Grande Basin, discussed his concerns regarding the formation of sub-districts within the Rio Grande Basin, the current lack of state administration of wells in the basin, and the difficulties encountered because of a lack of snow in the San Luis Valley over the past several years. He talked about excess pumping in the Rio Grande Basin which have caused aquifer levels to decline and the higher levels of water seen in the valley during 2014.

10:32 AM

The committee recessed.

10:45 AM -- Review of HB-1278 Study Recommendations for the South Platte Alluvial Aquifer

The committee returned to order.

Reagan Waskom, Director, Colorado Water Institute, said that the most irrigated basin in Colorado is the South Platte basin with 830,000 irrigated acres. He described the theory and application of alluvial aquifers including the effects on the surrounding geology and hydrology; stream gain and loss; integration of groundwater into Colorado's prior appropriation system; plans for augmentation; and the history behind House Bill 12-1278, in which the General Assembly commissioned a study of the interaction of the South Platte alluvial aquifer by the Colorado Water Institute at Colorado State University. He talked about high groundwater problems seen in northeastern Colorado; the history of groundwater pumping in the South Platte basin; augmentation requirements; the number of days of call on the river from 1982 until 2012; and the location of existing recharge structures in the South Platte Basin. Dr. Waskom discussed high groundwater levels seen in the South Platte basin, including historical high-water conditions and observations made in the HB 1278 study including trends seen regarding the depth of groundwater since 2000. Dr. Waskom said that total groundwater pumping has declined by about 10 percent in the Basin since the peak in 2002 and that the number of days of river call increased significantly since 2000. He talked about how more than 500 recharge facilities have been built recently in the South Platte basin as part of augmentation plans and that groundwater levels are rising in some areas in the South Platte. Dr. Waskom described the recommendations from the HB 1278 study including mitigation of localized high water table conditions; improving augmentation plan administration and efficiency; implementation of basinwide management and planning; and specific recommendations for improved transparency.

11:15 AM

Dr. Waskom responded to questions from the committee regarding data collection, monitoring, and modeling; universal truths regarding groundwater versus site-specific observations; if management of groundwater should be handled by the State Engineer's Office or in water court; and the connection between augmentation plans on the South Platte river driving a need for water utilities to acquire water from the Western Slope via transmountain diversions. He continued to respond to questions from the committee regarding water banking; effective water management; water injury; water court; and salinity of groundwater.

11:38 AM -- Overview of Augmentation Plan Statutes and Rules

Kevin Rein, Deputy State Engineer, Division of Water Resources, had staff distribute (Attachment I) to the committee. Mr. Rein defined "plan for augmentation," and stressed that it must increase the supply of water available for beneficial use. He discussed objectives of augmentation plans and the history of augmentation plans including the 1969 Water Rights Determination and Administration Act which reinforced recognition of the connection between groundwater and surface water, and integrated groundwater into the priority system through the concept of plans for augmentation. He described the hydrology behind augmentation plans and said that because of the Empire Lodge case in 2002, the State Engineer no longer had the authority to approve temporary plans for augmentation and that all plans for augmentation had to be adjudicated by water court, with a few exceptions. Mr. Rein talked about the legal bases of augmentation plans including replacement standards; that groundwater is presumed to be tributary to surface water; and that groundwater must be administered in accordance with the prior appropriation system. He said that because groundwater withdrawals are presumed to deplete surface streams, if a basin is over-appropriated, this is presumed to be injurious. Mr. Rein discussed basin-specific rules to ensure that administration is not arbitrary and said that the State Engineer has the authority to approve temporary plans for augmentation only in certain cases.

Attachment I.pdf

11:59 AM

Mr. Rein responded to questions from the committee regarding the groundwater legal system and administration of augmentation plans. Committee discussion ensued.

12:12 PM

The committee recessed.

01:02 PM -- Colorado's Anti-Speculation Water Doctrine

The committee returned to order.

Justice Gregory Hobbs, Colorado Supreme Court, had staff distribute a handout on Colorado's anti-speculation water doctrine to the committee (Attachment J). Justice Hobbs described Colorado's anti-speculation law that has been in place since 1861 and says that water may be diverted from a stream, across lands, to where the water could be put to a beneficial use, and not for purposes of speculation. He said that Colorado's water belongs to the people of Colorado and that all water rights are subject to the beneficial use property. Justice Hobbs talked about several court cases including the Colorado River Water Conservation District vs. Vidler Water Company case and the Dallas Creek Water Co. vs. Huey case. Justice Hobbs said that because planning for municipal water supply requires long-term planning but is still subject to the anti-speculation water doctrine, this type of water right still needs to prove need for actual beneficial use on a regular basis in order to be granted the water. He explained that the measure of a water right is based on consumptive use, on average, over a period of years.

Attachment J.pdf

01:15 PM

Justice Hobbs responded to questions from the committee regarding how "reasonable" was defined in the Pagosa Area Water and Sanitation District vs. Trout Unlimited case and how alluvial aquifers are considered under the anti-speculation water doctrine. He continued to responded to questions from the committee regarding House Bill 14-1026, concerning the authorization of flexible use markets.

01:27 PM

Chad Wallace, Senior Assistant Attorney General, Colorado Department of Law, distributed Attachment K to the committee outlining the law of anti-speculation. Mr. Wallace discussed appropriations of water; beneficial use of water; conditional water rights; absolute water rights; substitute water supply plans; interruptible water supply agreements; and legal, temporary administrative transfers of water including fallowing of irrigated lands for a temporary transfer for municipal water users. Justice Hobbs talked about temporary versus permanent decreed water transfers and the need for administrable water rights.

Attachment K.pdf

01:39 PM -- Rio Grande Basin Aquifer Issues - Groundwater Subdistrict Rulemaking and Augmentation Plan Process

Dick Wolfe, State Engineer, Division of Water Resources, discussed previous rulemaking concerning the Rio Grande Basin and the current status of the rulemaking procedures in the basin. He discussed "response functions" or numbers that offer information regarding the amount of depletions, timing of the depletions, and where they are expected to occur. He talked about challenges that have been encountered regarding the legislative requirement to reach sustainable aquifers and he responded to questions from the committee regarding when he expects the Rio Grande Basin rulemaking process to be complete.

01:51 PM

Steve Vandiver, General Manager, Rio Grande Water Conservation District, said that this is the sixth year in a row that the Rio Grande Basin has suffered from below average runoff. He talked about the effects of continued reduction in pumping and the low levels of the Rio Grande aquifer. Mr. Vandiver discussed the district's September 30, 2014, appearance in the Supreme Court regarding Subdistrict #1 and the importance of and transparency related to the Closed Basin Project.

02:00 PM

Rob Phillips, Program Manager for the Rio Grande Water Conservation District, discussed the operations of Subdistrict #1, including replacements of well depletions, reduction of impacts to the Rio Grande Compact, implementation temporary fallowing programs, and the initiation of various federal programs. Mr. Phillips talked about plans to make the aquifer sustainable.

02:02 PM

Cleave Simpson, Program Manager for Rio Grande Water Conservation District, discussed the role of the local community in the formation of Subdistrict #1 and the progress of that formation. He responded to questions from the committee regarding the cost of the assessment being done for the formation of Subdistrict #1.

02:06 PM

Travis Smith, Superintendent, San Luis Valley Irrigation District, discussed the history behind the formation of subdistricts in the San Luis Valley which began in 2002. He asked the committee to monitor the formation of subdistricts and asked for the committee's patience so that the management plans that are being formulated have time to work. He discussed the challenges encountered with meeting the sustainability requirement.

02:09 PM

Mr. Wolfe responded to questions from the committee regarding the State Engineer's rulemaking authority and sustainability goals.

02:17 PM

Peter Nichols, representing the City of Monte Vista and the Towns of Del Norte, Saguache, and Crestone, introduced himself. Mr. Nichols talked about well owners who may want to achieve compliance through augmentation plans rather than the formation of subdistricts. He discussed concerns regarding new rules that may be implemented and compliance with those rules within a strict time frame while simultaneously complying with plans for augmentation. Mr. Nichols and Mr. Wolfe responded to questions from the committee regarding how someone within a subdistrict may be exempt from that subdistrict's rules; how augmentation plans may apply to citizens within Costilla county; and the the Rio Grande decision support system.

02:33 PM

Mr. Vandiver responded to questions from the committee regarding how augmentation plans for municipalities will be addressed in Subdistrict #1. He said they may be able to use data gathered from various models but need to recognize that depletions will change over time. Committee discussion ensued.

02:44 PM -- Overview of Designated Basin and Denver Basin Groundwater Policy and Practice

Robert Longenbaugh introduced himself and had staff distribute (Attachments L and M) to the committee. He talked about designated groundwater basins that were created by the 1965 Ground Water Management Act, the process for creating designated groundwater basins, and various provisions of the groundwater statutes. He discussed the Denver basin aquifer, including use of the aquifer and rules and regulations governing the Denver Basin.

Attachment L.pdf

Attachment M.pdf

03:00 PM

Kevin Rein, Deputy State Engineer, Division of Water Resources, discussed how the State Engineer administers the Denver Basin aquifers. He discussed significant bills that affected the administration of the Denver Basin aquifer including Senate Bill 213, passed in 1973, and Senate Bill 5, passed in 1985, and additional rules and policies that also affect the administration of the aquifer. He talked about the requirement for sustainability for the aquifer including the allocation requirements which are based on land ownership and limit pumping to one percent per year on average.

03:05 PM

Eric Hecox, Executive Director, South Metro Water Supply Authority, had staff distribute (Attachment N). He discussed the membership and history of the authority; development within the South Metro area; and the South Metro Water Supply Study which recommended conservation, maximizing reuse, fully developing local renewable sources of Cherry Creek and Plum Creek, importing renewable water through seeking regional partnerships, and considering conjunctive use. He talked about some of the projects that members of the authority have undertaken including the Reuter-Hess Reservoir; Castle Rock's Plumb Creek Purification facility; and the ECCV/ACWWA Northern Project. He described projects that the authority has undertaken including the WISE Partnership, the Chatfield Reallocation project, and the ASR Pilot project. Mr. Hecox, Mr. Rein, and Mr. Longenbaugh responded to questions from the committee regarding the pressure needed to pump water out of an aquifer and the potential for storing water in confined aquifers.

Attachment N.pdf

03:41 PM -- Update, Status, and Objectives of the South Platte Coop

Joe Frank, General Manager, Lower South Platte Water Conservancy District (LSPWCD), distributed a map of the South Platte River (Attachment O) and a map of South Platte augmentation patterns (Attachment P) to the committee. He explained that water users in the South Platte Basin requested that the LSPWCD lead efforts to increase the efficiency of augmentation plans to reduce excess replacement of depletions in certain periods. He said that the coop is also looking at use of water infrastructure more efficiently and the possible development of new water resources in the basin. He discussed the identification of potential interruptible supplies for temporary transfers of agricultural water rights for municipal uses. He explained that the coop was incorporated in 2014 and discussed the coops governance and objectives.

Attachment O.pdf

Attachment P.pdf

03:55 PM

Mr. Frank responded to questions from the committee about the near term objectives of the coop and sources of funding for its activities. He explained that the members of the coop pay a fee that is used to fund its activities.

03:59 PM -- Update, Status, and Objectives of the South Platte Basin Roundtable Groundwater Committee

Jo Frank distributed to the committee a proposed plan for the South Platte Roundtable follow up to the HB 12-1278 study report (Attachment Q); the HB 12-1278 Study Technical Review Committee (Attachment R), and an agenda for the September 9, 2014 South Platte Basin Roundtable meeting (Attachment S).

Attachment Q.pdf

Attachment R.pdf

Attachment S.pdf

04:01 PM

Randy Ray, Executive Director, Central Colorado Water Conservancy District, discussed the role of the district in providing augmentation water in the South Platte Basin and its participation in the South Platte Basin Roundtable Groundwater Committee. Mr. Frank identified the issues that will be considered by the South Platte Basin Roundtable at the September 9, 2014, meeting including including a proposal to form the HB 12-1278 Study Technical Review Committee. He also discussed potential members of the technical committee and its activities to assist the South Platte Basin Roundtable and the Groundwater Subcommittee in the review of the HB 12-1278 study recommendations.

04:09 PM

Mr. Frank and Mr. Ray responded to questions from the committee about potential activities of the Groundwater Subcommittee including monitoring of high groundwater levels and the identification of potential measures to mitigate the impacts from the high groundwater levels.

04:17 PM -- Panel Discussion on Current South Platte Groundwater Issues

Randy Ray, Executive Director, Central Colorado Water Conservancy District, discussed the need for additional data and groundwater models and possible changes to augmentation requirements in the South Platte Basin. He also identified challenges to greater water sharing between his district and the water users in the South Platte Basin for augmentation and the need for additional storage in the basin. He discussed the potential benefits of controlling phreatophytes in the basin and the Chatfield reallocation project.

04:24 PM

Jo Frank, General Manager, Lower South Platte Water Conservancy District, discussed the need for water augmentation to protect senior water rights from injury caused by out-of-priority depletions and infrastructure needs to help lower high groundwater levels and enable the basin to more efficiently use water. He discussed historic groundwater levels in the basin and factors that affect changes in these levels. He also identified the potential benefits of building additional storage in the basin to better regulate water use in the basin and conjuctive use.

04:32 PM

Robert Longenbaugh, representing himself, discussed the need for changes in augmentation requirements to better ensure maximum beneficial use of Colorado water resources and the need for additional water storage in Colorado. He also discussed problems associated with high groundwater levels in the South Platte Basin and possible policies to address these problems including implementation of Recommendations 1a and 1b from the HB 12-1278 Study Report. He discussed the potential benefits of controlling phreatophytes in the basin, additional storage, and other mechanisms to address growing water demands in the South Platte Basin.

04:49 PM

Mr. Frank and Mr. Ray responded to questions from the committee about historic groundwater levels in the basin and factors that affect changes in these levels, and potential members of the HB 12-1278 Study Technical Committee. Mr. Frank and Mr. Longenbaugh responded to questions from the committee about potential measures to control phreatophytes in the South Platte Basin.

04:59 PM -- Public Testimony

Doug Messick, San Luis Valley Water Conservancy District, explained that he is a groundwater user in the San Luis Valley and discussed the water supply challenges in valley. He explained how the formation of the subdistricts of the Rio Grande Water Conservation District will help stabilize ground water levels and protect other water users.

05:05 PM

The committee adjourned.