Water Resources Review Committee (08/27/2014)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	08/27/2014	ATTENDANCE

Time:	06:00 PM to 09:00 PM	Brophy	E
		Coram	X
Place:	Durango 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	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 SB14-115 Concerning the State Water Plan Southwest Basin Roundtable Basin Implementation Plan Update on U.S. Forest Service and U.S. Bureau of Land Management Joint Land Report from Small Group Discussions Public Testimony		- Briefing Only Briefing Only Briefing Only Briefing Only -

06:00 PM -- 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.

06:09 PM -- Legislative Intent of SB14-115 Concerning the State Water Plan

Senator Roberts welcomed the audience and addressed Senate Bill 14-115. She introduced James Eklund from Colorado Water Conservation Board (CWCB).

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 Southwest 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.

06:17 PM -- Southwest Basin Roundtable Basin Implementation Plan

Michael Preston, Chair of the Southwest Basin Roundtable and Dolores Water Conservancy District General Manager, introduced himself and the staff who wrote the roundtable water plan. Mr. Preston distributed a map of the Southwest basin, explained that it is actually nine sub-basins and that all of the rivers in the southwestern portion of the state flow out of state. (Attachment A)

Attachment A.pdf

Mr. Preston provided an overview of the Southwest BIP (Attachment B) and explained that the basin has a lot of compacts and agreements including the La Plata River Compact with New Mexico, Colorado Ute Indian Water Rights Settlement, the Animas La Plata Compact, San Juan-Chama Transbasin Diversion, Colorado River Compact, and the Colorado and San Juan Recovery Program. He listed the measurable goals and outcomes included in the BIP. Their BIP has 130 Identified Projects and Processes (IPPs) and Mr. Preston highlighted 25 of the IPPs. (Attachment C)

Attachment B.pdf

Attachment C.pdf

06:38 PM -- Update on U.S. Forest Service and U.S. Bureau of Land Management Joint Land Management Plan

Bruce Whitehead, Executive Director of the Southwestern Water Conservation District, thanked the committee for coming and for SB14-115. He discussed federal issues versus state issues. He stated that the Southwest Water Conservation District has been engaged in a forest planning effort with the U.S. Forest Service. He explained that the by-pass flow standard imposed by the federal agencies, combined with continued use of Colorado's Instream Flow Program are viewed by water interests as "double dipping". He referenced House Joint Resolution 03-1046 concerning the United States Forest Service treatment of water rights on national forest lands in Colorado. He expressed concerns about the double dipping and new federal plans. He suggested legislative action to maintain state sovereignty over water issues. (Attachment D)

Attachment D.pdf

6:50 PM

The meeting recessed for small group discussion.

07:44 PM -- Report from Small Group Discussions

Representative Fischer called the committee back to order for reports from each table.

Ann Oliver, Member of Southwest Basin Roundtable and Animas Water Company Board Member, and resident of Durango explained that her table did not reach a consensus on all issues so she listed their discussion points. The table suggested that the number one component of the CWP should be conservation and how to support agriculture. There should be a higher standard for conservation if an entity is buying and drying. The table was disappointed with the Governor's veto of the water efficiency bill and questioned the need to take care of the front range without "buy and dry: agriculture. The table suggested that although the San Juan-Chama Project takes 90,000 acre feet per year from the San Juan basin over to the Rio Grande basin, the San Juan basin was never compensated from with any west slope storage so the Dry Gulch storage project could help address that oversight. The table discussed eliminating the "use it or lose it" from Colorado Water Law to eliminate the concern about abandonment. The Southwest Basin Roundtable recognizes that all uses are valid and consumptive versus non-consumptive use is not the issue. The table suggested a possible sunset on conditional water rights but noted that some projects take decades to move forward, so there is a need for a long period of time. It would be helpful to have water judges who are very familiar with water law.

7:57 PM

Tom Morrissey, representing himself, addressed the risk and multiple impacts of a compact call to agriculture, oil and gas, recreation and power plants. His table wanted to see more conservation. The table noted that agriculture has no incentive to save water due to "use or lose". He suggested that partnering with people who are conserving will help a lot of things. He noted that land planners seem disconnected from water planners but should be coordinating their efforts. He expressed concern over the transmountain diversions in future basin loses due to diversion in the current year. The group agreed that the east slope needs to conserve. The group is also concerned that ski areas have to give up their water rights to renew their federal leases.

8:02 PM

Dan Lynn representing LaPlata Archuleta Water District reported that his table made the point that every drop of water in Colorado starts on federal land but doesn't belong to the federal government. Instead, water belongs to water users in the state of Colorado. His table stated that the goals in the water plan need to be prioritized and they should all have equal weight. We need to learn to live within our means in our current time. Conservation is very important for the CWP but if we conserve water here, the down-basin states want to have the saved water. The table identified the importance of protecting agriculture which is being lost at a record rate. Watersheds and forest management should be very important and because of fires, water is leaving. A plan is needed to keep the water in the mountains longer. The table addressed the need to protect the quantity of water in order to keep pollutants in check. The table suggested that it was not possible to put the brakes on people moving in and that the loss of livestock allotments is a problem.

8:08 PM

Marsha Porter-Norton, who facilitates the Dolores River Dialogue and the legislative subcommittee, reported that her table thought that the lawn bill was a good idea and a good start but not a solution for everything. The table found that water harvesting should be expanded but this is difficult under the prior appropriation system. People want to harvest because they care about conservation and local food. Municipal waste of water needs to be addressed at the local level. The table did not agree but are interested in consideration of more storage. The table expressed concern and care about water quality and citizens being able to access water even for indoor use, and for a call on Colorado's water. They also expressed concern about federal actions that have impact on local entities. The table did agree that west slope water should be kept on the west slope.

8:13 PM

Monea' Monroe from Durango reported that her table said that the western slope should have support of the rest of the state. Deficit irrigation should be used more in urban situations. Priority of water rights should not be changed. The eastern slope needs storage and there should be a focus on how to transfer water. The table suggested that there needs to be better representation of agricultural users throughout the process. The table made several references to the need to consider the economic impact of water use and the table objected to federal double dipping. The table recommended better use of landscape plants and getting rid of Tamarisk and Russian Olive and that water be used many times before it goes back into the stream.

8:18 PM

J. Paul Brown, former representative reported that his table suggested that the EPA is trying to change the Clean Water Act to put all Colorado water under federal jurisdiction to take control of state's water and land. A lot of water leaves the state because of lack of storage but that the Endangered Species Act and other federal regulations hinder the building of storage. The table noted the importance of eliminating the "buy and dry" of agricultural water in order to keep agriculture going. The first in time, first in right, priority system must be adhered to in the CWP. Forests need to be better managed to have more water. Finally, the table suggested that the water conservation bill might have unintended consequences related to property rights.

8:23 PM

Representative McLachlan explained that the table was skeptical of the statewide water plan and its effect on their water rights and that the prior appropriation doctrine must be protected. Because only five percent of the state directly own water rights, it will be difficult to persuade them that their rights will be protected under the CWP. The table was concerned that the CWP was being rushed and that more time needs to be allocated to for public comment. They had consensus that the CWP must be based on opposition to federal government damage to water rights and that storage is central to any water plan.

8:28 PM

Phyllis Snyder, from Cortez, also on the Colorado Farm Bureau state board of directors, reported that her table supported the protection of agriculture, prior appropriations in state water law, and private property rights. They also supported the full multiple use of public lands and using water multiple times before it leaves the state. The table would like to see less state regulation and expensive permitting for water storage and conservation practices. The Southwest basin has lots of smaller municipalities that need more common sense regulations for water treatment so they can plan for the future without building plants that become obsolete in five years.

8:32 PM

Sharla Dyar, reported that her table said having a plan for storage is critical and that sufficient water flow is important for the health of environment. Forest health also needs to be considered. The table was concerned that needs and concerns of this part of the state being given the same value as the rest of the state.

08:34 PM -- Public Testimony

Brad Blake, a member of the Florida Cooperative Ditch Board, stated that it needs to be clear that we do want to preserve and protect our water rights and that we need more discussion. People from this area don't feel like their voices are being heard. He questioned who will manage the CWP and expressed his fear that the federal government wants to control every drop of water.

8:38 PM

Patti Buck, a cattle rancher, emphasized the importance of sending comments to the EPA. When she bought her ranch, they chose to pay the extra money to buy a ranch with water because of the value and necessity of water for cattle.

8:40 PM

Don Schwimdt, a farmer thinks legislative involvement with the CWP is a good thing but cautioned the committee about unintended consequences. He stressed the importance of the CWP meshing with the prior appropriation doctrine.

8:44 PM

J. Paul Brown, former representative and rancher explained that his family measured the water for the compact every year on the LaPlata River. He expressed the need to protect the prior appropriation doctrine and to talk about water storage. He emphasized that the federal government is impeding the development of new water storage and that this needs to be addressed.

8:48 PM

Mark Catlin, Montrose County, stated that only agriculture will lose if the prior appropriation doctrine is changed. He stressed the importance of eradicating the phreatophytes that are stealing water so that the amount of water the state actually has can be measured.

8:51 PM

Rod Proffit, President of the San Juan Water Conservancy District and a member of the Southwest Roundtable said that the CWP should be a two step process toward legislation. His board will submit supplemental comments after they have time to review what's been said.

8:53 PM

Wayne Buck, a cattle rancher, reiterated what his wife Patti Buck said about the EPA. He said that rainbarrel water collection will result in fines by EPA. He stated that we're letting 40 percent more water leave the state because of the lack of reservoirs to store the water.

8:55 PM

Margaret Cozine, retired librarian, read from her written comments. (Attachment E) She has not had a lawn since 1994 and supports rainwater harvesting and gray water use. She grows most of her own food but lives in a Stage 4 water restriction area. She saves water from her house but thinks rainwater harvesting could help.

Attachment E.pdf

8:57 PM

Representative Fischer clarified that the CWCB will adopt the water plan not the state legislature. This process will happen again next year to collect comments on the draft CWP.

Senator Schwartz explained the role of the WRRC and that members are assigned based on basins they represent rather than population.

9:00 PM

The meeting adjourned.