Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:07/21/2015
ATTENDANCE
Time:06:00 PM to 07:24 PM
Arndt
X
Baumgardner
E
Place:Montrose 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
Clare Pramuk
Vigil
X
Roberts
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Call to Order and Introductions
Overview of the Second Draft of the Colorado Water Plan
Gunnison River Basin Roundtable Basin Implementation Plan
Public Testimony Concerning the Colorado Water Plan		Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only


6:00 PM -- Call to Order and Introductions

Senator Roberts opened the meeting and the members of the committee introduced themselves. Representatives Willett and Brown were also present.

6:12 PM -- Senator Roberts explained the purpose of the committee and the meeting. She explained that Senate Bill 15-114 was created as a way for the General Assembly to be part of the process for developing the Colorado Water Plan (CWP).

6:15 PM -- Overview of the Second Draft of the Colorado Water Plan

 Michelle Pierce, chair of the Gunnison Basin Roundtable spoke in place of James Eklund. She discussed the changes to the second draft of the CWP. She addressed the active conservation stretch goal. She noted that the second draft has more information on land use, agriculture viability, climate change, ground water sustainability, streamlining permitting, funding, the Colorado River Collaborative Program, education and outreach. She emphasized the importance of implementing the Basin Implementation Plans (BIPs).


6:20 PM -- Gunnison River Basin Roundtable Basin Implementation Plan

 Frank Kugel, General Manager of the Upper Gunnison River Water Conservancy District, addressed the BIP. He noted that all nine BIPS have been incorporated into the CWP. He explained that the Colorado Water Conservation Board (CWCB) gave each roundtable a conceptual framework for developing its implementation plan and each basin roundtable identified consumptive needs. He explained that the roundtable’s primary goal is to maintain quality and quantity of water in the Gunnison Basin. He stated that another goal is to maintain agriculture


which is of key importance to this basin. He suggested the need to limit future changes to agriculture, such as transfers from agriculture to municipal uses. He explained that the roundtable is trying to work with irrigators on projects that will improve the water supply.

Mr. Kugel said that the BIP includes a goal for addressing municipal water supplies and that climate change is a real risk and could mean a 10 to 15 percent reduction in water. He noted that many municipal supplies are in jeopardy after the 2002 drought and that municipalities need a secure and clean supply of water. He noted that the state population will double by 2050. A goal in the BIP is to improve the quality of water in the basin. The roundtable is concerned with mining contamination. Another goal of the BIP is to improve environmental and recreational uses. He noted that Trout Unlimited worked with irrigators to leave water in the stream and the project is working well in improving hay yield and water conservation. He said the roundtable will be collecting more comments at their next meeting.

6:29 PM -- Public Testimony Concerning the Colorado Water Plan

Sen. Roberts explained the process for providing comments on the CWP online. She explained that the committee is especially interested in Chapter 10 of the CWP. Some of what the CWCB has identified in the plan may require legislation and she would like to hear people's opinions on those ideas.

6:33 PM -- Stephen Schrock, with NoChicoBrush, addressed CWP Critical Action (4) (b) (2) concerning support agricultural conservation and efficiency and his concern that this section doesn’t mention help to farmers. He recommended that this be addressed in the CWP because farmers have to have help. He noted that in the critical actions, it mentions giving landscaping assistance to homeowners but misses farmers. The only money coming to farmers is from the federal government with nothing from the state other than some special pots of money through CWCB projects. He asked the legislature to think big and not let it become a timid process. He noted that farmers are interested in irrigation efficiency and micro-hydro but it is costly. He's concerned about a possible citizen initiative on the Public Trust Doctrine being in conflict with the prior appropriation doctrine. To defeat such an initiative, he suggested that meaningful water projects have to be put forward.

6:39 PM -- Jay Jutten, from Montrose, representing himself, suggested that both the east and west slope needs storage. He noted the difficulty in expanding or creating new storage because of the Environmental Protection Agency (EPA) and other regulations. He believes that the state needs control. He is the chair of the Colorado Cattlemen’s water committee. He noted that agriculture efficiency costs money. He warned that people need to be careful because one farmer’s tailwater is another farmer’s headwater. He suggested that people need to put water back into rivers in a responsible manner

6:42 PM -- Dave Whittlesey, Overland Ditch and Reservoir Co., explained that they have been trying to expand their reservoir for 10 years but the project is being held up by the EPA. He said that we need to protect the Colorado River Compact and get government off our backs.

6:44 PM -- Larry Clever, General Manager for Ute Water Conservancy District, said that the comments made about storage are on point. He noted that funding is a problem. He stated that there is no more water to be developed in the Colorado Basin and that Lake Mead and Lake Powell are low. He thinks we need to look outside the state at the Mississippi and Missouri Rivers and noted that Kansas will be pumping water to Western Kansas. He thinks that the CWP planning only as far as 2050 is shortsighted. He said that if there is another transmountain diversion, the western slope shouldn't have to pay for it. He stated that permitting with the federal government is unbelievable and that the state needs to stand up to the federal govwernment. Finally, he suggested that the CWP should be called the Colorado Reallocation Water Plan.

6:50 PM -- David Crane, a businessman representing himself noted that people need to have water in order to move here. He projected adding 300 to 500 new jobs in the next five years but if the agricultural economy goes away, a lot of the appeal of this area will be lost. He suggested that storage be added on the front range because we have 10-year drought cycles but only 2-3 years of supply in storage and a lot of water going out-of-state. He doesn’t want water rights weakened and noted that diversions to the front range are viewed as theft by the western slope.

6:53 PM -- Don Suppes, Mayor of Orchard City, addressed the regulatory burden created by the strings attached to funding and noted that many entities are seeking private funding rather than dealing with the strings. He explained the process when a 40 year-old water line failed in Orchard. To receive CWCB funding, the city was required to do a $10,000 historic study which was a financial burden. He suggested that the Colorado Department of Public Health and Environment (CDPHE) needs to adopt common sense regulation of gray water. Right now, CDPHE has made the regulation of gray water too burdensome.

6:57 PM -- Glenn Davis, Montrose County Commissioner, brought up an article on climate change from 1922. He supports the environment but said that we are also talking about a way of life with respect to water. He suggested that the water needs of farmers be addressed before the needs of wildlife and the environment. He explained that a 20-story building emits more carbon than 17,000 cars. He recommended using common sense rather than concerning ourselves with climate change, and that without agriculture, western Colorado will dry up.

7:01 PM -- Sandy Head, Executive Director for the Montrose Economic Development Corp., noted that food and agriculture are the largest economic sectors in the Gunnison basin followed by tourism and recreation and that all of these need a supply of water. She said that the jobs coming into the area aren't coming for high tech because they don’t have higher education programs to support those positions. Instead they rely heavily on solo entrepreneurs that enjoy the area in part because of the water. She continues to farm. Because many advantages on the eastern slope not exist here she asked that they not lose the resource that do have on western slope–water which is key to their economic development.

7:04 PM -- Bob Brown, Montrose Chamber of Commerce, emphasized the important connection between small businesses and agriculture. He stated that “buy and dry” negatively affects the business community and that “buy and dry” has caused bankruptcy on the eastern plains.

7:06 PM -- Rep. Brown thanked the audience and discussed his tour of the South Platte and how one million acre feet of water could be stored rather than going out-of-state. He said that if water is stored, we could recharge aquifers, guarantee compact compliance and alleviate the need for “buy and dry.” He discussed the Narrows Project and said that it would be the largest reservoir in the state. He is pushing for more storage but stated that the environmental community has killed good projects like the Two Forks dam and reservoir along the South Platte. He noted that the federal bureaucracy holds things up.

7:09 PM -- Rep. Mitch Bush talked about the compact issues presented by James Ekland earlier in the day. She is pleased with the increased emphasis on compact calls and curtailments in the second draft of the CWP but is concerned about how calls would be administered. She suggested that funding for agriculture efficiency is expensive and needs to be looked at. She thanked the basin roundtable members in attendance for their efforts.

7:14 PM -- Rep. Coram thanked the audience for coming and shared his concerns about the CWP. He noted that the senior water right holder is not responsible for protecting the junior water right holder. He noted that the Denver Basin Aquifer is the largest reservoir and that it can be recharged.

7:15 PM -- Rep. Becker addressed funding in the CWP and noted that state level funding for water projects will be difficult. He suggested alternatives to new storage and noted that 18 years for Northern Integrated Supply Project (NISP) is ridiculous. He suggested that there are several projects that can move forward but the problem with storage on the South Platte is that users are upstream. He noted that efficiency sometimes means harder times for farmers and that agriculture needs to be protected.

7:19 PM -- Rep. Willett discussed a project that had a lot of opposition and noted that federal regulatory schemes have to change.

7:21 PM -- Richard Wojcredrowki, representing himself, thinks the permitting system is ridiculous. He said that projects are taking 18 to 19 years to get permits. He wants the legislature to put pressure on the Colorado congressional delegation for more lenient permitting.


Sen. Roberts thanked the audience for coming, explained how to submit comments, and adjourned the committee.

7:24 PM -- The committee adjourned.