Water Resources Review Committee (07/22/2015)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	07/22/2015	ATTENDANCE

Time:	02:07 PM to 04:07 PM	Arndt	X
		Baumgardner	E
Place:	Clarion Inn, Craig, Colorado	Becker J.	E
		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 Interim Bill Drafting Requirements and Deadlines Update on Endangered Species Recovery Programs Proposed Changes to Statutes Related to the Division of Water Resources Requests for Draft Legislation Colorado River Compact Issues Public Testimony		- - - - - - -

02:07 PM -- Call to order

Senator Roberts, Chair of the Water Resources Review Committee, called the meeting to order and members of the Water Resources Review Committee introduced themselves.

02:17 PM -- Interim Bill Drafting Requirements and Deadlines

Jennifer Berman, Staff Attorney, Office of Legislative Legal Services, discussed the requirements and deadlines for legislative recommendations from the Water Resources Review Committee. She explained that each bill recommended by the committee must be approved by a two-thirds vote of the committee members, or at least seven members. The committee is limited to recommending three bills to the Legislative Council, unless two-thirds of the Water Resources Review Committee members vote to recommend a greater number. The total number of recommendations may not exceed one bill or other measure per member or up to ten bills and resolutions. She also discussed the provisions of House Bill 15-1335 that requires Legislative Council Staff to prepare a fiscal impact statement for each bill requested by the committee prior to final vote on the draft bill. Ms. Berman explained that September 15, 2015, is the last meeting for the committee to request draft legislation and October 29 is the last meeting for the committee to take final action on its legislative recommendations.

02:27 PM -- Update on Endangered Species Recovery Programs

Tom E. Chart, Director, Upper Colorado River Endangered Fish Recovery Program, provided a PowerPoint presentation on the Upper Colorado River Recovery Program (Attachment A). The program seeks to restore populations of four endangered fish in the Yampa-White, Colorado and Gunnison River Basins: Bonytail Chub, Humpback Chub, Razorback Sucker, and Colorado Pikeminnow. Mr. Chart explained that recovery strategies include conducting research, improving river habitat, providing adequate stream flows, managing non-native fish and raising endangered fish in hatcheries for stocking. He also explained how the recovery program provides federal Endangered Species Act compliance for federal, tribal, state, and private existing and new water projects throughout the Colorado River Basin above Lake Powell.

Attachment A.pdf

02:46 PM

Chuck Grobe, Moffat County Board of County Commissioners, provided an update on the Gunnison Sage Grouse Recovery Program. He explained that the federal government is currently reviewing the recovery program recommended by the State of Colorado. He also identified potential impact of federal regulations on private landowners, mineral developers, farmers and ranchers, and outdoor recreation related to the Sage Grouse Recovery Program.

02:51 PM

Geff Blakeslee, Environmental At-Large Representative on the Yampa-White Basin Roundtable, explained how the Yampa-White Basin Roundtable has identified water needs for the environment and recreation in its basin implementation plan (BIP). He discussed the United States Fish & Wildlife Service (USFWS) programmatic biological opinions (PBOs) on the management plan for endangered fish species in the Yampa River Basin and the Gunnison Sage Grouse and explained how they affect water use and land management in the basin. The Yampa-White Basin Roundtable was charged with developing a water needs assessment for the environment, including water needs for endangered fish and mammal species, hunting and fishing, and recreation. He explained that the roundtable developed the Watershed Flow Evaluation Tool which provides criteria to quantitatively measure and compare environmental and recreational risks based on existing and modeled flow conditions in the Yampa and White Basins. This methodology is incorporated into the Projects and Methods (P&M) Study to assess risk to environmental and recreational uses. The P&M Study specifically addresses the target at the Maybell gage for augmenting existing base flows to assist in endangered fish recovery and instream flow shortages and incorporates a series of risk-based ecology and flow relationship metrics to assess how current and potential future flows could impact the ecology and boating at specific locations within the Yampa-White Basin. Mr. Blakeslee identified future steps to address environmental and recreational water needs in the Yampa-White Basin including the development of indicators of water shortages, identification of water projects, collaboration on flow management, and other measures. He also responded to questions from the committee about the integration of the environmental objectives in the Yampa-White Basin Implementation Plan.

03:04 PM -- Proposed Changes to Statutes Related to the Division of Water Resources

Scott Cuthbertson, Deputy State Engineer, Division of Water Resources, explained that state statute includes several outdated provisions related to the duties of the State Engineer and the Division of Water Resources (DWR). He identified the provisions of proposed legislation to amend statutes concerning the State Engineer and the

DWR to remove outdated language (Attachment B). Mr. Cuthbertson responded to questions from the committee about the proposed legislative recommendation and the role of the DWR in monitoring dam safety for facilities located on federal lands.

Attachment B.pdf

03:16 PM -- Requests for Draft Legislation

Senator Roberts moved to draft legislation to amend statutes concerning the State Engineer and the Division of Water Resources to remove obsolete provisions. The motion was adopted without objection.

03:18 PM

Senator Roberts moved to draft a resolution resolution urging the federal government to allow owners to access their water facilities on federal lands to make needed repairs. The motion was adopted without objection.
Senator Roberts and Representative Arndt offered to sponsor the draft bill and resolution.

03:20 PM -- Colorado River Compact Issues

Chris Treese, External Affairs Manager, Colorado River Water Conservation District, discussed the role of the state to ensure that Colorado complies with its interstate water delivery obligations and announced that Lake Meade has reached a new record low level. He also discussed long term weather patterns and the effect on reservoir levels. He explained that there is a structural deficit affecting storage in major reservoirs in the Colorado River Basin and discussed the potential impact of this deficit on Colorado's ability to meet its compact requirements. He also discussed Colorado's obligations under the Upper Colorado River Compact and expressed concern about the impact of declining reservoir storage on hydroelectric generation and programs that depend on revenue obtained from the sale of hydroelectricity including endangered species recovery programs. He also discussed the potential for temporary transfers of water rights in Colorado that are senior to the Colorado River Compact during a compact call to enable junior municipal water users to continue diverting.

03:26 PM

Mr. Treese responded to questions from the committee about how water rights that are junior to the Colorado River Compact would be administered during a compact call. He also discussed the authority of states in the lower Colorado River Basin to use more water than they are entitled to use under the Colorado River Compact; programs to reduce evaporative losses from water storage projects; and water diversion projects in the lower basin.

03:51 PM -- Public Testimony

Kevin McBride, Director, Upper Yampa Water Conservancy District, expressed concern about the effect of endangered species recovery programs and the Colorado River Compact on water users in the Yampa-White Basin. He also explained how unappropriated water from the Yampa-White Basin enables Colorado water users in other Colorado River Basins to comply with its interstate compacts.

03:56 PM

Ken Brenner, Director Upper Yampa Water Conservancy District Board of Directors, Friends of the Yampa, expressed concern about the IBCC's conceptual agreement for new transmountain diversions (Appendix D of the second draft of the Colorado Water Plan). He also spoke in opposition to new transmountain diversions and expressed concern about the potential impact of such diversions on Colorado's ability to comply with interstate compacts and the ability of the Yampa Basin to address future water needs.

04:01 PM

Ben Beall, representing himself, expressed concern about the potential impact of a compact call on the ability of Yampa-White Basin water users to divert water for health, safety, and welfare purposes. He also urged the committee to recommend legislation to specify how a compact call would be administered in Colorado.

04:04 PM

Marsha Daghenbaugh, representing herself, discussed the need for new farmers to replace retiring farmers and spoke in opposition to new transmountain diversions. She also discussed the partnership between agriculture and recreational water users and expressed concern about potential transfers of senior agricultural water rights to junior water rights owners to meet interstate compact requirements.

04:07 PM

The meeting adjourned.