Date: 09/15/2015
Final
Proposed Legislation to Allow Small Scalre Precipitation Collection
WATER RESOURCES REVIEW COMMITTEE
| Votes: View--> | Action Taken: |
| <none> | <none> |
10:32 AM -- Proposed Legislation to Allow Small Scale Precipitation Collection
Senator Sonnenberg distributed a draft of proposed legislation concerning a water provider's authority to permit residential customers to engage in a diversion of the waters of the state through small-scale precipitation collection (Attachment B). This draft bill would allow a water provider to permit residential customers served by the water provider to install and use up to 2 containers with a maximum storage capacity of 55 gallons each to collect precipitation from the customer's residential rooftop. The water provider permitting customers to collect precipitation from residential rooftops would be required to account for the water diverted through a plan for augmentation, substitute water supply plan, or other means of replacing the water to the stream system.
Attachment B.pdf
The following persons testified on the proposed legislation:
10:38 AM -- Drew Beckworth, Western Resource Advocates, explained that the proposed legislation is unnecessary because there is no impact to streams from the collection of precipitation in rain barrels. Also, if the state were to regulate residential rain barrels, then other forms of precipitation collection may need to be regulated. In response to a question from the committee, Mr. Beckworth explained why his organization supported House Bill 15-1259 that would have authorized the use of rain barrel precipitation collection but opposes the proposed legislation.
10:42 AM -- Chris Piper, Denver Water, testified that any legislation regarding rain barrels must be fair, insofar as downstream users are not affected and water providers are not burdened by the legislation. He also estimated the amount of water Denver Water would need to augment if the bill becomes law and the cost for making such determinations. He also discussed the ability of water providers under current law to file an augmentation plan to cover their customers that use residential rain barrels and urge the committee to reject legislation that would repeal that authority. He also stated that there should be an agreed upon and easy to use methodology to determine the impact to stream flows due to the usage of rain barrels including a method for determining actual rain barrel usage through surveys or other method. Mr. Piper responded to questions from the committee regarding how depletions would be calculated, given the evidence that depletions from rain barrels are small; the ability of water providers to bypass the current augmentation plan process under the bill; the cost of water providers to register rain barrels; and how that cost would affect a water provider's rates. Mr. Piper suggested that rather than have each customer register a rain barrel, water providers should be allowed to conduct a poll and base an augmentation plan upon that information. Mr. Piper stated that Denver Water would not likely provide incentives for the use of rain barrels if they become legal. In response to a question from the committee regarding the potential health impacts of rain barrels, he stated that the Colorado Department of Public Health and Environment (CDPHE) may need to issue guidelines to manage for such impacts.
10:56 AM -- Joan Green Water Rights Association of the South Platte, testified in support of the proposed draft bill concerning rain barrels and its provisions that seek to ensure that rain barrels do not violate the Doctrine of Prior of Appropriation. Ms. Green stated that downstream agricultural users would be the most affected by the use of rain barrels.
10:59 AM -- Pat Ratliff, South Metro Water Supply Authority, testified on the bill. She discussed the Sterling Ranch precipitation collection pilot project and how that study differed from the Colorado Water Institute's study concerning the effect of rain barrels on stream flows. She stated that the Doctrine of Prior Appropriation needs to be protected and said the draft bill that includes adequate protections the priority system. Discussion ensued regarding the Colorado Water Institute's study concerning the impact of rain barrels on stream flows and how the study's findings should be interpreted.
11:09 AM -- Request for Draft Legislation
Senator Sonnenberg moved that his proposed legislation concerning rain barrels be designated a draft bill of the Water Resources Review Committee. The motion was adopted without objection. This bill will be considered for final action at the October 29 meeting of the Water Resources Review Committee.
11:10 AM
The committee recessed.