Water Resources Review Committee (08/29/2014)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	08/29/2014	ATTENDANCE

Time:	09:00 AM to 11:41 AM	Brophy	E
		Coram	X
Place:	Pueblo Public Library	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
	Clare Pramuk	Schwartz	E
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Call to order and announcements Legislative Intent of Senate Bill 14-115 Concerning the State Water Plan Arkansas Basin Roundtable Basin Implementation Plan Report on Small Group Discussions Public Testimony		- Briefing only Briefing only Briefing only -

09:15 AM -- Call to order and announcements

Rep. Fischer, Chair, called the meeting to order and introduced committee staff. Each legislator introduced himself or herself. Sen. Herpin, Sen. Crowder, Sen. Rivera, Rep. Garcia, and Rep. Navarro were also in attendance.

09:28 AM -- Legislative Intent of Senate Bill 14-115 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 Arkansas 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 Arkansas Basin, whether they were elected officials, water providers, basin roundtable members, general public or agricultural producers.

09:32 AM -- Arkansas Basin Roundtable Basin Implementation Plan

Betty Konarski, Chair of the Arkansas Basin Roundtable, explained that the Arkansas basin covers 28,268 square miles, is the largest river basin in Colorado and goes from Leadville to the Kansas border. The roundtable represents a wide variety of water users and issues. They are both an importing and exporting basin so the Kansas-Colorado Arkansas River Compact and the Colorado River Compact affect them. They understand that groundwater issues differ from surface water issues. They have the second highest gap between the water they have versus the expected amount needed by 2050. They know they have gaps in agriculture, municipal and industrial and conservation but are looking at the basin more closely. The basin has been divided into 7 subregions for analysis. Their basin has over 40 members on its roundtable. They've held 17 meeting to find out local water issues and what they can do about them. They're collating those responses. The roundtable identified three general issues: consumptive and non-consumptive uses are intertwined, storage is essential, sustaining agriculture is an important element in sustaining a healthy environment.

9:37 AM

Gary Barber, Arkansas Basin Roundtable Implementation plan Project Director, explained that the Arkansas Headwaters Recreation Area provides an example of how consumptive and non-consumptive users cooperate to manage the flow in the upper headwaters to allow rafting and fishing to continue. He noted challenges identified in the BIP related to groundwater and augmenting groundwater depletions for municipal and agricultural uses. He showed a graphic that shows how increasing the number of wells on the Denver Basin reduces well yield. (Attachment A)

Attachment A.pdf

9:40 AM

Alan Hamel, Arkansas Basin Representative on the Colorado Water Conservation Board (CWCB), addressed opportunities and the path forward. He noted that they have opportunities to use storage. The biggest gap is in northern El Paso County which is dependent on deep groundwater. Alluvial and deep storage are both important parts to the future of the basin. They need more surface storage including off-channel storage. They've learned the importance of watershed health and they're working with other basins to improve watershed health. Water Supply Reserve Account Grants with CWCB and Power Authority monies have been helpful in paying for studies and projects. They've held 22 formal outreach meetings in the large basin and received a lot of input but haven't had time to analyze the public information. He believes there is a need to keep the Water Supply Reserve Account going, as well as other funding sources. They're looking at potential partnerships with the U.S. Forest Service, GOCO, and others. They have a pilot project that uses conservation easements. The Royal Gorge received a grant from the roundtable after its fire in order to mitigate the fire area to protect water quality in the Pueblo Reservoir. He said that they still have a lot of work to do.

9:53 AM

Mr. Hamel explained that the CWCB was charged with taking the lead in water plan development and it brought all the state departments that deal with water together. He emphasized that it needs to be a bottom-up effort. The CWCB members are reading all the plans to incorporate them into the CWP.

9:55 AM

Representative Fischer explained that the committee is receiving a lot of public input. It will be a challenge to synthesize the information into document by November 1. He asked for a show of hands about whether people live in the basin, are government officials, water providers, NGOs, general public, and agriculture.

10:01 AM

The meeting recessed for small group discussion.

10:53 AM -- Report on Small Group Discussions

The committee returned from recess. Representative Fischer invited a person from each table to report back to the committee.

10:54 AM

Marcy Freeberg from Huerfano County, reported that her table discussed the importance of protecting current water rights, finalizing the Arkansas River Decision Support System to manage ground water, and preventing injury to junior water rights holders in the CWP. The table recommended that the decision support system for the Arkansas Basin be well managed. The table wants to find better ways to manage groundwater. The table identified a need for storage basin wide and want an information center where someone could get information on available state and federal funding. The table expressed concern over how the water plan will be implemented and reconciled with local control. The table also addressed public outreach, watershed health coordination, and rainwater harvesting.

10:57 AM

Caroll Lange from the Arkansas Basin, reported her table felt strongly about not having a one size fits all plan or economic burdens created. The table was concerned that too much regulation makes it harder to get projects online and storage is very important. The table also expressed concern about legislation to limit lawn size in residential developments. There needs to be an incentive to conserve not use it or lose it. Future diversions should be kept away from the federal government.

11:00 AM

Kyle Fenner, Community Services Developer, Elbert County, and roundtable member, reported that her table didn't want the plan rushed and wondered whether it will actually be implemented. All user types need to have access to any new flexibility created by the plan. The table questioned how BIPs are going to be integrated especially for organizations located in multiple basins. The table suggested that the CWP address keeping water in agriculture rather than taking it out of agriculture.

11:03 AM

Mike Fink, City of Fountain, reported that his table was concerned with acquifer depletion and that all storage is good. The table would like more flexibility in the CWP, continuous improvement, and an approach to solving the invasive species problem.

John Fooks, Trout Unlimited, reported the concern that there is no incentive to conserve water. Stream health is very important for agriculture. There needs to be a water emergency plan for when there isn't enough water. Water planning needs to be integrated among all responsible agencies.

Brian Mater, candidate for HD 46, reported that the table wants more storage, streamlined permits in water court, and the for the EPA and other federal permitting agencies to get out of the way. The CWP needs to address phreatophytes and educating the public.

01:48 PM -- Public Testimony

Gary Bostrom, Chief Water Services Officer for Colorado Springs Utilities (CSU), explained that they are the largest municipal water provider in the basin and they have to go a long way for water supplies. Water supply planning is critical for their community. They are creating a integrated water resource tool and looking at liability, resiliency, robustness and regional opportunities. They are looking at the same things the state is looking at for their long-term system. Water storage is critical to everything.

Each community has its unique set of circumstances so one size does not fit all. Conservation savings cannot solve all the water supply gaps. Proposals that mandate indoor to outdoor water use ratios have unforseen consequences and only comprises 3.5 percent of water usage. Water providers are implementing a number of conservation measures to stretch their supplies. Sixty to seventy percent of CSU water comes from the Colorado River, so CSU is concerned about a compact call on that river. There needs to be additional development of the Colorado River. CSU supports leasing, fallowing, deficit irrigation and interruptible supply agreements. Alternative transfer methods (ATMs) are important to closing gaps in water needs, and the CWP needs to discuss barriers to ATMs. CSU understands the need to mitigate problems in water supply projects that hinder the success of the projects. (Attachment B)

Attachment B.pdf

Sean Chambers, President Pikes Peak Regional Water Authority, Cherokee Metro District GM, submitted written comments for the Pikes Peak Regional Water Authority (Attachment C). He explained the need to improve the project permitting process. On behalf of Cherokee Metro District, he suggested working to remove barriers and impediments to large groundwater storage projects.

Attachment C.pdf

11:25 AM

Bob Leach, a developer, stressed the importance of storage and conservation, and expressed concern about one size fits all legislation for landscaping. He thinks it should be local control issue because communities are different with different resources and he suggested that there not be statewide legislation on lawns.

Marge Vorndam, Trout Unlimited, is personally concerned about the BIP. She said that supporting agricultural use also supports upstream recreational users. She thinks the CWP needs to address limiting growth and there needs to be an analysis of how much population can be sustained with the state's water supply. Non-consumptive goals need to address wildlife needs. There is a need to support tributaries and to preserve creeks for wildlife. (Attachment D)

Attachment D.pdf

Benjamin Wurster, President Chapter 509 Trout Unlimited and outfitter, would like to see a formal emergency action plan included in the CWP and the BIP to address times when the when water is shut off. In 1997, thousands of trout were lost. He would like to have a phone number and action plan when an emergency is identified by a recreational or agricultural user such as high temperature water, to increase the water temporarily to reduce the temperature.

11:35 AM

Kiera Hatton, Pueblo Planning Commissioner but speaking on her own behalf, suggested that gravel pit extractions could be used as water storage. There needs to be an interconnection between land use and water use. She wants a grey water system in her home but the city doesn't know how to authorize it. She thinks education could solve a lot of the water shortage problems.

11:41 AM

The meeting adjourned.