Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:09/17/2014
ATTENDANCE
Time:01:09 PM to 04:11 PM
Brophy
E
Coram
X
Place:Fort Collins Senior Center
Hodge
X
Jones
X
This Meeting was called to order by
Mitsch Bush
E
Representative Fischer
Roberts
X
Sonnenberg
E
This Report was prepared by
Vigil
X
Greg Sobetski
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 SB 14-115
South Platte Basin Basin Implementation Plan
Report on Small Group Discussions
Public Testimony		-
Briefing only
Briefing only
-
-


01:09 PM -- Call to Order and Announcements

Representative Fischer, Chair, called the meeting to order. After a roll call, he introduced Senate Bill (SB) 14-115 to the audience, explaining the requirement to hold a public meeting of the Committee in each of the nine basins in the state during the 2014 interim. He explained that the purpose of the meeting is to gather public comment on the draft of the State Water Plan (SWP), and to gather information on important water issues present in the basin.

Representative Fischer asked members of the Committee to introduce themselves. He also acknowledged three legislators in attendance who are not members of the Committee: Senator Kefalas, Representative Buck, and Representative Ginal. Members proceeded to introduce themselves. Representative Fischer also acknowledged the City of Fort Collins for making the Senior Center available for the meeting.

01:19 PM

Representative Fischer acknowledged four individuals from Colorado State University (CSU) in attendance, including representatives from CSU's Center for Public Deliberation. He surveyed the audience, asking attendees to identify themselves according to which basin they represent, membership on basin roundtables, and by profession. He directed audience attention to the meeting's agenda and explained that the meeting would include small group discussions during a Committee recess and the opportunity for attendees to offer recorded testimony. He acknowledged that Committee is required to finalize its input on the draft SWP on or before November 1, 2014, and asked members of the public to submit any comments they would like to add to the Committee website by October 1.


01:27 PM -- Legislative Intent of SB 14-115

Representative Fischer distinguished between preparation of the SWP itself, and preparation of a Basin Implementation Plan (BIP) for each basin. He asked Diane Hoppe, a former State Representative and current member of the Colorado Water Conservation Board (CWCB), to present on the progress being made by the CWCB in preparing the SWP.

Diane Hoppe, South Platte Basin representative on the CWCB, provided information on the history of the SWP, tracing its origins to earlier concerns over prioritization of water use for the state's future. Ms. Hoppe explained that the creation of a state water plan is important to address the state's growing population and the growing demand on the state's limited water resources. Further, she discussed House Bill (HB) 05-1177, which created basin roundtables in each of the nine major river basins, as well as the Interbasin Compact Committee (IBCC).

01:33 PM

Ms. Hoppe stated the importance of the South Platte Basin, which accounts for a majority of both the state's population and its agricultural production. She credited the staff of the CWCB for its work in assisting the Board in production of the draft document. She suggested that there are common agendas among the basins, including protection of existing water rights and preservation of agricultural and recreational uses. She emphasized that the document available now is still a draft, and that both the legislature and the public have additional opportunities for input. She encouraged the Committee to continue funding the CWCB and the process of creating the SWP.

01:38 PM

Representative Fischer thanked Ms. Hoppe for her work in the General Assembly, as well as for her work on the CWCB. He acknowledged that there are overviews of the SWP available for the public. He then introduced Sean Cronin, Chair of the South Platte Basin Roundtable and Executive Director of the Left Hand and St. Vrain Water Conservancy District.

01:45 PM -- South Platte Basin Basin Implementation Plan

 Sean Cronin, representing the South Platte Basin Roundtable, explained the roundtable's objectives, which include developing basin-wide consumptive and nonconsumptive needs assessment and facilitation of public input. Mr. Cronin explained that the South Platte BIP has been developed in collaboration between the South Platte Basin and Metro Basin roundtables, which permits the inclusion of a broad variety of interests. Mr. Cronin stated that one of the mandates of the Governor Hickenlooper's Executive Order is to reduce the current rate of "buy-and-dry" in agricultural lands, which, per the order, Coloradans find unacceptable. Mr. Cronin posited that this language was intended as a specific indictment of the current situation in the South Platte Basin. He then suggested that a good SWP will require a good South Platte BIP, and that his chairmanship of the basin roundtable does not give him a high degree of authority over the BIP's creation. The vision of the BIP is to meet the municipal supply gap, minimize agricultural buy-and-dry, preserve environmental and recreational uses, and promote a collaborative statewide process. In a medium conservation scenario, Mr. Cronin estimates that water projects will be able to overcome approximately 175,000 acre-feet of the supply gap between 2014 and 2050. This means that a gap of approximately 250,000 acre-feet will not be met by future water projects.

01:58 PM

Mr. Cronin suggested that reductions in municipal water use will need to equal approximately 29 percent of current use in order to satisfy the coming municipal water gap. Additional ways to reduce the gap include development of new multipurpose projects, effective use of tributary and non-tributary groundwater, and alternative transfer methods (ATMs). ATMs must minimize economic, social, and environmental impacts. Mr. Cronin suggested that an additional problem the basin may have to face is climate change. This would require resilient storage, as well as collaboration to address the crisis.

02:05 PM

Representative Fischer thanked Mr. Cronin for his presentation. He proceeded to introduce Dr. Martin Carcasson, from the Center for Public Deliberation at CSU. Dr. Carcasson invited meeting attendees to engage each other in small group discussions, and instructed attendees as to how discussions could be conducted.

02:09 PM

Representative Fischer thanked Dr. Carcasson and recessed the meeting to allow time for small group discussions.

02:49 PM -- Report on Small Group Discussions

Representative Fischer reconvened the meeting and recognized Dr. Carcasson. Dr. Carcasson invited individuals from the small group discussion tables to present the results of their discussion.

Steve Malert reported that his table discussed the inclusion of alternative transfer mechanisms (ATMs) in the SWP. Mr. Malert's table also advocated for an end to agricultural buy-and-dry, and for the inclusion of water quality and recreational interests in the plan.

Carole Hossan reported that her table opposes trans-mountain diversions, and is instead in favor of more focus on demand management and water reuse. Ms. Hossan also suggested that environmental interests should be represented on the basin roundtable. Her table opposes the Northern Integrated Supply Project (NISP) because of its effects on the Poudre River.

Kayla Young, from the Greeley Tribune, reported that her table discussed the need for additional storage capacity in reservoirs in the basin. Ms. Young said that her table supports greater municipal conservation efforts, and the planning of land use alongside water use. They also favor more efficient agricultural water use, including better irrigation practices, and community education to close the gap between agricultural and municipal water use. Finally, Ms. Young's table advocated for management integrating ground and surface water supplies.

Jim Ford, from the City of Black Hawk, reported that his table would like the state to take a more active role in the SWP development process. Mr. Ford's table advocated for managing use of the basin aquifer, and allowing pumping from the aquifer to maximize use of all available water in the basin. He also suggested that SWP clear up misinformation, and examine the environmental impacts of large engineering projects.

Carol Cochran, from Horse & Dragon Brewing Company, reported that her table views water as a vital resource for everyone. They believe that the SWP should recognize the importance of healthy forest cultivation for a clean water supply.

Jerry Givens reported that his table discussed the inclusion of Identified Projects and Processes (IPPs), conservation, and ATMs in the SWP. They also prioritized education and transparency, and believe that the SWP needs to discuss climate change and its potential impact on water supply and forests. Finally, Mr. Givens' table suggested the need for discussion of natural gas issues.

Dick Jefferies, from Rocky Mountain Flycasters, reported that his table believed that minimum stream flows ought to be determined and guaranteed as part of the SWP and the South Platte BIP. Additionally, Mr. Jefferies' table discussed the need to understand how interstate compacts affect the South Platte BIP. Finally, his table suggested modifying or replacing the use-it-or-lose-it portion of Colorado water law.

Jim Yahn, from North Sterling and Prewitt Reservoirs, reported that his table advocates full state utilization of all water available under its compact constraints. They support municipal water conservation, including graywater use, as well as careful water law modifications with attention to the interdependence of users in a basin. Mr. Yahn's table also supported inclusion of language on instream flows.

Corey Odell, from Odell Brewing Company, reported that her table viewed the public meeting schedule as inconvenient because many people could not attend a meeting during working hours; as a solution, Ms. Odell suggested that the Committee and the basin roundtable consider the use of videoconferencing at meetings. Her table supported studies of individual households and businesses to determine localized responses to growth in demand. They believed that minimizing outdoor water use is more important than minimizing indoor water use, and suggested that while flood irrigation is inefficient, it is important because recharge flows are eventually reused.

Alice Bergeron reported that her table disagreed on several issues, including the need for additional water storage in the basin. Her table suggested that fragmentation among local decisionmaking bodies required the intervention of the state, even though local control is preferable generally. Ms. Bergeron's table also emphasized the importance of local food production and farming.

Abby Burk, from the National Audubon Society, reported that her table was interested in determining the value of a tiered water system. She suggested that production of a state plan requires state leadership. Her table had discussed land use planning, and that decisionmakers look to areas where water is available now without restricting existing use. Her table also suggested that agricultural users consider adopting pivot irrigation rather than flood irrigation techniques.

Bob Alexander, from the City of Greeley, reported that his table sought cooperation between agricultural and municipal water users. They argued for the protection of agriculture so as to avoid economic losses to rural communities. They also suggested that water-to-land planning should be mentioned in the SWP.

03:05 PM

With reports from individual tables completed, Representative Fischer thanked tables for their participation and thanked Dr. Carcasson. He also recognized Representative Saine, who had joined the Committee at the table, and representatives from the offices of U.S. Senators Mark Udall and Michael Bennet.

03:07 PM -- Public Testimony

Representative Fischer recognized the following individuals who signed up to testify:

03:07 PM -- Glen Colton, representing himself, testified regarding "water-related carrying capacity." He believes it is impossible to double the population of the state between now and 2050, and argued that there simply is not enough water to support such a large number of people.

03:10 PM -- Diane Marschke, representing herself, was concerned that the SWP had not been advertised to the general public, making it difficult for her and other members of the public to prepare to discuss it. She believes that residential conservation efforts will not proceed until water is more expensive. She believes that the Northern Integrated Supply Project (NISP) threatens the Poudre River.

03:13 PM -- Kevin McCarty, representing Little Thompson Watershed Restoration Coalition, thanked the CWCB for enabling watershed coalitions to organize. He stated that municipal conversions have not happened because available water supply is insufficient. He reported that, in Pinewood Springs, there are places where the river is running dry, and that for him, the gap is not in 2050, but rather right now. Mr. McCarty noted that the Little Thompson is not currently mentioned in the South Platte BIP.

03:16 PM -- Richard Kommrusch, representing Fort Collins Community Action Network, suggested that the baseline projections used to prepare the SWP overestimate the amount of water that will be available in the future due to climate change.

03:17 PM -- Carole Hossan, an artist representing herself, stated that while there is emphasis placed on efficiency and production in the SWP, less emphasis has been placed on the beauty and tranquility of the river. She believes that more consideration should be given to nature rather than to economic growth.

03:19 PM -- Theresa Conley, representing Conservation Colorado, thanked the Committee and other legislators for their interest in the SWP, as well as members of the CWCB. Ms. Conley suggested that there is a lot of room for innovation in the SWP, and that innovation should focus on demand management. She asked whether drinking water needs to be used to water roadway medians, and cited New Belgium Brewery in Fort Collins as an example of successful demand management. She also identified a need to connect land use with water use, more flexibility for water sharing, and for additional data on nonconsumptive needs, and noted that this would require additional funding.

03:22 PM -- Dick Jefferies, representing Rocky Mountain Flycasters, a local chapter of Trout Unlimited, thanked the Committee and the South Platte Basin Roundtable. He recognized that one subcommittee of the roundtable considers environmental and recreational issues, which are important to him. State chapters of Trout Unlimited believe that the SWP needs to protect and restore healthy streams, improve streamflows, include environmental and recreational needs in the structure of water planning, and identify ways to address the disconnect that exists between the development community and local government, and overuse of water for development purposes. Mr. Jefferies believes that SB 14-023 and HB 14-1026 represent progress, and that trans-basin diversions are bad options.

03:25 PM -- Dale Karlin, representing the Larimer County Farmers' Union, said that water issues are interrelated. She believes that agricultural producers should work with CSU to develop farming techniques that conserve water. She suggested that municipalities focus on conservation, graywater usage, and new technologies that allow for wastewater reclamation. She suggested that the industrial sector, including oil and gas producers, mitigate the effects of their industry on the water supply.

03:27 PM -- Kevin Jones, representing the Fort Collins Area Chamber of Commerce, suggested that current shortfalls are due to past failures to plan, and that the water supply in Northern Colorado should be increased. He identified storage at Halligan Reservoir, demand management, and water reuse as available strategies, and suggested that water waste be punished.

03:29 PM -- David Smeltzer, representing himself, suggested that population limits be discussed in the SWP, since growth in population will eventually outstrip available supply. He stated that healthy rivers and streams are important, and that the Upper Colorado River is an example of an overappropriated river that has lost insects and aquatic habitats as a result.

03:31 PM -- Gary Wockner, representing Save the Poudre, testified that a coalition of environmental organizations believe the information presented in the South Platte BIP is controversial, and suggested that the legislature not endorse any water supply projects. He believes that dams and reservoirs destroy rivers, and that restoring rivers should take precedence. He suggested that the state should not fund water projects or streamline the permitting process for projects.

03:33 PM -- Lloyd Walker, representing himself, testified that the trapezoidalizing of streambeds for flood control has adverse effects, because water bodies need to expand during times of high flows without regard to human structures. He argued that water law should not limit water conversation, and that there are opportunities for water law to be changed. Other opportunities include conservation in agriculture. He also suggested that plenty of storage already exists, in the form of the South Platte alluvial aquifer, which needs to be managed properly. Finally, he suggested that future water use will not be directly correlated to population growth, because more urbanization will result in declining per capita water use. He recommended that land use and water use be more closely coordinated.

03:37 PM -- Robert Longenbaugh, representing himself, objected to provisions of the South Platte BIP that claim that there is no unappropriated water in the South Platte. He also suggested that the SWP attempt to prevent waste. He questioned why so much water is sent to Nebraska, and that water sent out of state is, in effect, wasted in the South Platte Basin. He also recommended that phreatophytes be controlled and that beneficial use of surface water and groundwater be maximized.


03:39 PM -- Joseph Piesman, representing himself, testified that the goal is to balance the needs of agricultural, municipal, and recreational users, whom he described as "people who love the river." He suggested that maintenance of minimum flows is important to fishers, birders, and anyone who walks along the river and enjoys it.

03:42 PM -- Jim Eartman, a retired geologist representing himself, testified that population growth is exponential, and that the limits on the environment's carrying capacity are significant. He suggested that the energy crisis is not a crisis of technology, but morality, and argued that the need for natural places in the future is an important one. He also discussed the need to reduce water consumption for lawns.

03:46 PM -- Sue Reed, representing herself, thanked the roundtables for their work. She testified that it is unlikely that conservation alone will be able to bring the basin through droughts, and that there ought to be emphasis on technology and storage as well.

03:47 PM -- Gina Janett, representing herself, thanked the Committee for visiting Fort Collins. She believes that the roundtable did not include enough environmental participants, and that it was dominated by water user constituencies instead. She asked the Committee to remove the NISP from the SWP, because it would severely damage the Poudre River. She recommended that demand management be maximized prior to developing new water sources and commended the two largest breweries in the area, Anheuser-Busch and New Belgium, for reducing water use substantially.

03:51 PM -- Joe Duda, representing Colorado State Forest Service, explained that much of Colorado's water supply is derived from high country forests and testified that watersheds suffer the same fate that forests themselves do. The devastating effects of wildfire remove plants that filter water, and result in additional erosion. Management of healthy forests is important to ensure a healthy river system.

03:53 PM -- Chris Kraft, a dairy farmer representing himself, testified that NISP has no intention of hurting the Poudre River. He suggested that NISP would actually enhance the river rather than damage it. His community in Fort Morgan would benefit from additional storage. He also argued that agricultural use is truly city use, in that farmers produce food consumed in cities along the Front Range.

03:55 PM -- Peter Bridgman, an immigrant representing his two grandchildren, identified himself as part of the problem as someone who moved to the state and now drinks water. He suggested that more water storage and more conservation is imperative, and that we are scratching the surface of both. He thanked the roundtable for its work, but suggested that part of the problem is municipal users who like their green lawns. He suggested that the oil and gas industry has a large positive economic impact in Weld County, but that the industry uses a lot of water. He asked the Committee to require that the oil and gas industry recycle the water it uses back to the quality at which they bought it.

03:59 PM -- Terry Farrill, representing Fort Collins-Loveland Water District, testified that the state needs to be a strong advocate for permits for water projects at the federal level, and that the NISP will enhance the flow of the river during months when it is currently low.

04:01 PM -- Nancy York, representing herself, thanked the Committee for its attendance. She argued that NISP will not benefit the Poudre River. She suggested instead that the challenge posed by a growing population must be met through conservation. She suggested that water harvesting, as practiced in Arizona, could be a useful approach. She suggested that the state not build massive storage, but conserve water and electricity instead.

04:05 PM -- Tim Johnson, representing himself, encouraged the Committee to have meetings at night in the future so that other people can attend. He suggested that structural alternatives, like NISP and dams on the Colorado River, provide a fraction of the benefits of non-structural alternatives, and do so at a very high cost. He also pointed out that projecting future use based on current use is not likely to result in an accurate estimate, and suggested that new growth should pay its own way.

04:08 PM -- Roni Sylvester, representing herself, argued that the SWP's first priority should be to fortify existing water rights according to prior appropriation. She reminded the Committee that water in the South Platte basin is someone's property, and that it has been bought and sold.

04:10 PM

With public testimony complete, Representative Fischer thanked CSU and the Colorado Water Institute and acknowledged the dedication of his committee members.

Roger Hoffman submitted written testimony on the draft Colorado Water Plan (Attachment A).

Attachment A.pdfAttachment A.pdf

Andy Jones, Steve Malers, and George Wallace, Poudre Basin Water Sharing Working Group, submitted written comments on the Colorado Water Plan (Attachment B).

Attachment B.pdfAttachment B.pdf

04:11 PM

Representative Fischer adjourned the meeting.