Water Resources Review Committee (07/20/2015)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	07/20/2015	ATTENDANCE

Time:	02:00 PM to 04:31 PM	Arndt	X
		Baumgardner	E
Place:	Durango Holiday Inn	Becker J.	X
		Coram	X
This Meeting was called to order by		Hodge	X
	Senator Roberts	Jones	X
		Mitsch Bush	X
This Report was prepared by		Sonnenberg	E
	David Beaujon	Vigil	X
		Roberts	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Call to order and committee introductions Overview of the Second Draft of the Colorado Water Plan Potential Impacts from Instream Flow Water Rights Update on Federal Land Management Issues Opposition to Colorado Water Use in Water Court Proceedings Alternatives to New Transbasin Diversions Public Testimony		- - - - - - -

02:00 PM AM - Call to Order

Senator Roberts, Chair of the Water Resources Review Committee called the meeting to order and the members of the committee introduced themselves and identified water issues of interest to them.

02:09 PM -- Overview of the Second Draft of the Colorado Water Plan

James Eklund, Director, Colorado Water Conservation Board, provided an overview of the second draft of the Colorado Water Plan and distributed a handout that describes the development of the Colorado Water Plan (Attachment A). He explained that in 2013, Governor Hickenlooper issued an executive order directing the CWCB to commence work on the Colorado Water Plan. According to the Governor's executive order, the Colorado Water Plan must promote a productive economy that supports vibrant and sustainable cities, viable and productive agriculture, and a robust skiing, recreation, and tourism industry. It must also incorporate an efficient and effective water infrastructure promoting smart land use and a strong environment that includes healthy watersheds, rivers and streams, and wildlife. The CWCB was instructed to provide a draft plan for review by the Governor's Office by December 10, 2014, and to complete the final plan by December 10, 2015. In response to that order, the CWCB issued the first draft of the CWP on November 19 2014, and a second draft on July 7, 2015. The deadline for the public to provide comments on the second draft of the CWP is September 19, 2015.

Attachment A.pdf

02:20 PM

Mr. Eklund discussed the contents of basin implementation plans and explained how the plans will be integrated with the CWP. He also explained how the plan addresses municipal water conservation and efficiency, water reuse, and the integration of land use and water resources planning.

02:30 PM

Mr. Eklund explained how agricultural water rights have been transferred to municipalities and discussed how the CWP examines the impact of these transfers and identifies alternatives to such transfers. He also explained how the plan address groundwater sustainability and identifies measure to streamline the permitting process for water projects. He also discussed funding that may be available for for water projects.

02:38 PM

Mr. Eklund responded to questions from the committee about the second draft of the CWP including provisions of chapter 10 of the CWP concerning critical action plans. He explained the role of the Governor's Office in the implementation of the CWP and discussed the need and timing for legislation to implement the plan. He also responded to questions about the potential to restore moneys transferred from the severance tax trust fund to the General Fund during recent budget shortfalls.

03:03 PM -- Potential Impacts from Instream Flow Water Rights on Future Water Development and Compact Entitlements

John Porter, President of the Southwestern Water Conservation District, discussed the potential need for additional storage in southwestern Colorado to satisfy future municipal water needs and to protect instream flows. He also discussed potential legislation to amend the instream flow water law to protect future municipal water needs.

03:10 PM

Barry Spear, General Counsel, Southwestern Water Conservation District, summarized the provisions of the state law that authorizes the appropriation of instream flow water rights by the CWCB and expressed concern about the potential impact of instream flow water rights on the ability of municipal to develop water supply projects on streams affected by instream flow water rights. He also distributed a handout concerning possible legislation for future water use allocations to address impact of instream flows (Attachment B) and Resolution No. 2013-05 of the Southwestern Water Conservation District concerning the CWCB's instream flow program (Attachment C).

Attachment B.pdf

Attachment C.pdf

03:17 PM

Bruce Whitehead, Executive Director, Southwestern Water Conservation District, discussed the role of the district to ensure an adequate water supply in the Southwestern Water Conservation District and discussed the potential impacts of instream flow water rights on future water development projects. He also discussed possible legislation to amend the instream flow water law to protect future municipal water needs.

03:21 PM

Chris Treese, Colorado River Water Conservation District, discussed the role of the district in addressing water supply needs and expressed concern about the potential impact of instream flow water rights on future municipal water supply projects. He also identified instream flow water rights that include provisions to protect future water development needs and discussed possible legislation to amend the instream flow water law to protect future municipal water needs.

03:28 PM

Mr. Whitehead responded to questions from the committee about when legislation may be introduced to amend the instream flow water law to protect future municipal water needs.

03:29 PM -- Update on U.S. Forest Service and U.S. Bureau of Land Management Joint Land Management Plan and Other Federal Land Management Issues

Bruce Whitehead, Executive Director, Southwestern Water Conservation District, discussed the development of the U.S. Forest Service and the U.S. Bureau of Land Management Join Land Management Plan and expressed concern about provisions of the plan that identify the use of bypass flows to protect the environment.

03:29 PM

Adam Reeves, General Counsel, Southwestern Water Conservation District, discussed the authority of the USFS to require bypass flows as a condition of the USFS permit and to acquire instream flow water rights to protect the environment. He also discussed the development of the U.S. Forest Service and the U.S. Bureau of Land Management Join Land Management Plan and expressed concern about provisions of the plan that identify bypass flows as a means to protect the environment.

03:37 PM

Kelly Palmer, USFS, discussed the development of the U.S. Forest Service and the U.S. Bureau of Land Management Join Land Management Plan and explained the federal rule under which the plan was developed. She also discussed negotiations with the Colorado Department of Natural Resources concerning measures to protect the environment and water storage and diversion projects on federal lands. She also responded to questions from the committee about the criteria used by the USFS to evaluate the impact of projects on the environment and the willingness of the federal government to use instream flow water rights to protect the environment.

03:44 PM

Mr. Reeves responded to questions from the committee about the USFS and bypass flow requirements to protect the environment.

03:49 PM -- Opposition to Colorado Water Use by Government or Private Out-of-State Entities in Colorado Water Court Proceedings

Adam Smith, Assistant County Attorney, La Plata County, distributed a summary of the out-of-state objections to the Colorado Water Court Application 13CW3034 (Attachment D). The water right in this case is jointly owned by the Southwestern Water Conservation District and La Plata County and was created to make water available to any upstream water user on the Animas River when the kayak park at Smelter Rapids is calling water

and would otherwise cut off upstream water users. In 2013, the diligence determination was due and several parties,
including two out-of-state entities - the San Juan Water Commission and the La Plata Water Conservancy District - filed objections to the diligence determination.

Attachment D.pdf

03:52 PM

Julie Westendorff, LaPlata County Board of County Commissioners, explained that under current law (Section 37-92-302 (1) (b), C.R.S.), any person who wishes to oppose a water rights application may file a statement of opposition with the Colorado water court. She expressed concern about the ability of out-of-state entities to file statements of opposition and identified the potential uses of water rights under 13CW3034. She also requested legislation to further define persons authorized to file objections to water rights applications.

03:56 PM

Bruce Whitehead, Executive Director, Southwestern Water Conservation District, expressed concern out-of-state objections to the Colorado Water Court Application 13CW3034 and potential impacts to future water diversions in the Southwestern Water Conservation District.

04:00 PM

Chris Treese, Colorado River Water Conservation District, expressed concern about the provision of Colorado water law that authorizes out-of-state parties to file an objection to a water court application and spoke in support of legislation to define persons who are authorized to file objections to Colorado water court applications.

04:04 PM

Mr. Whitehead and Mr Smith responded to questions about potential legislation to define persons who are authorized to file objections to Colorado water court applications under Section 37-92-302 (1) (b), C.R.S. They also recommended that interstate disputes concerning water use be addressed through the interstate compact process.

04:10 PM -- Alternatives to New Transmountain Diversions

Steve Harris, Harris Water Engineering, member of the Southwest Basin Roundtable, distributed a handout concerning the provisions of the roundtable's basin implementation plan related to transmountain diversions (Attachment E). He also proposed an amendment to the second draft of the Colorado Water Plan to study alternatives to transbasin diversions similar to House Bill 15-1167 that was postponed indefinitely. This bill would have directed the Colorado Water Conservation Board to study the feasibility of supplementing water supplies in the South Platte River Basin through the construction of a new reservoir on the mainstem of the South Platte river between Greeley and Julesburg and the importation of water into Colorado from the Missouri River Basin. Mr. Harris also discussed the Interbasin Compact Committee's (IBCC) framework for future transmountain diversions (Appendix D of the Second Draft of the Colorado Water Plan). The IBCC Conceptual Agreement sets the framework for future detailed negotiations on a potential new transmountain diversion.

Attachment E.pdf

04:20 PM -- Public Testimony

Art Goodtimes, San Miguel County Board of County Commissioners, spoke in opposition to legislation that would authorize a carve out for future water development in instream flow water rights. He also recommended that the Colorado Water Plan quantify evaporative water losses from water storage.

04:22 PM

Brad Blake, La Plata County Board of County Commissioners, expressed concern about the potential impact of new transmountain diversions and spoke in support of identifying alternatives to new transmountain diversions.

04:26 PM

Jim Bulckerood, San Juan Citizen's Alliance, spoke in support of the instream flow program and expressed concern about amending the instream flow law to enable future water development. He also spoke in support of the USFS and its efforts to collaborate with local communities on the management of federal lands.

04:29 PM

Lionel DiGiacamo, representing himself, spoke in support of the instream flow program and expressed concern about amending the instream flow law to enable future water development.

04:31 PM

The meeting adjourned.