Water Resources Review Committee (09/15/2015)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	09/15/2015	ATTENDANCE

Time:	06:00 PM to 07:28 PM	Arndt	E
		Baumgardner	X
Place:	Aurora City Council Chamber	Becker J.	E
		Coram	X
This Meeting was called to order by		Hodge	X
	Senator Roberts	Jones	*
		Mitsch Bush	X
This Report was prepared by		Sonnenberg	X
	Greg Sobetski	Vigil	X
		Roberts	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Legislative Intent of Senate Bill 14-115 Concerining the State Water Plan Overview of the Second Draft of the Colorado Water Plan South Platte Basin Roundtable Basin Implementation Plan Public Testimony Concerning the Second Draft of the Colorado Water Plan		- - - -

06:00 PM -- Legislative Intent of Senate Bill 14-115 Concerining the State Water Plan

Senator Roberts, Chairman, Water Resources Review Committee, called the meeting to order and a roll call vote was taken. Senator Roberts introduced Senate Bill 14-115, which requires the Water Resources Review Committee (committee) to hold public meetings in each major river basin in the state in order to collect public feedback on drafts of the Colorado Water Plan (CWP). She encouraged members of the public to provide oral or written testimony on the current, second draft of the CWP at the meeting in order to meet the deadline by which committee staff will relay public feedback to the Colorado Water Conservation Board (CWCB). Members of the committee introduced themselves.

06:11 PM -- Overview of the Second Draft of the Colorado Water Plan

Gaspar Perricone, Legislative Program Manager, Department of Natural Resources, provided an overview of the second draft of the CWP. Mr. Perricone explained the role of the CWCB in preparing the CWP, and thanked members of the public for their participation in developing the plan. Mr. Perricone emphasized the need for a comprehensive water strategy to address challenges faced by the state, including low snowpack, drought, wildfires, and floods. He listed the values identified by the Governor in the executive order that directed the CWCB to prepare the plan.

06:15 PM

Mr. Perricone outlined the timeline for the plan's completion. The final version of the CWP will be released on or before December 10, 2015. He proceeded to discuss Chapter 10 of the current CWP, concerning the critical action plan. Chapter 10 includes actions to meet the goals identified and explained elsewhere in the current draft of the plan. He stated that the CWCB has attempted to ensure the plan's flexibility, so that it can evolve with new challenges over the course of its lifespan. He explained that the CWP has been developed largely in cooperation with basin roundtables, the General Assembly, and members of the public. He also encouraged members of the public to provide feedback to the CWCB, and thanked the committee for its participation in the preparation of the CWP.

06:20 PM -- South Platte Basin Roundtable Basin Implementation Plan

Barbara Biggs, Chairman, Metro Basin Roundtable, presented the South Platte Basin Implementation Plan (BIP), and a document summarizing the plan was provided to members of the committee (Attachment A). Ms. Biggs explained that the South Platte BIP is a joint document produced by the South Platte and Metro basin roundtables. She noted that the South Platte already lacks sufficient water to meet its use, and that 80 percent of the state's population lives in the basin. She conveyed the basin roundtable's support for additional multipurpose storage in the South Platte basin, either by expansion of existing storage vessels or through the creation of new reservoirs. She stated the roundtable's view that water conservation must be varied according to local conditions; for example, agricultural water conservation on the Eastern Plains will be different than municipal water conservation in the Denver area. She stated the roundtable's support for a stretch goal for water conservation, provided that the CWP recognizes the stretch goal as aspirational.

Attachment A.pdf

06:25 PM

Ms. Biggs stated that agricultural water conservation, while important, might reduce flows available to downstream users because it incentivizes agricultural water users to increase the share of their irrigation water that is consumptive use. She stressed the importance of a strong South Platte BIP, and thanked the committee for its attention to her presentation.

06:30 PM

In response to questions from the committee, Ms. Biggs addressed a potential Colorado River Compact call and potential curtailment of junior water rights used for transmountain diversions. Ms. Biggs stated her belief that the state is afforded a compact entitlement, and that the state's entitlement should be put to beneficial use for the state as a whole. Committee discussion continued on this point.

06:35 PM

In response to questions from the committee, Ms. Biggs addressed the topic of stretch goals for conservation. She stated that there is fairly broad consensus that an aspirational stretch goal ought to be included in the plan, but that quantifying a goal and applying it equally to all basins would be cause for concern. She stated her concern that including a numerical stretch goal in the plan could allow the state to sanction basins that were unable to meet the goal because of the local realities of their communities. Committee discussion continued on this point. Ms. Biggs also explained that, in addition to a stretch goal for conservation, the roundtable would support a stretch goal for additional water storage.

06:44 PM

In response to questions from the committee, Ms. Biggs addressed the topic of funding for water projects identified in the CWP and the South Platte BIP. She conveyed the basin's support for the funding mechanisms identified in the CWP.

06:46 PM

Senator Roberts invited members of the public to provide testimony on the current draft of the CWP.

06:47 PM -- Public Testimony Concerning the Second Draft of the Colorado Water Plan

Celia Greenman, representing herself, stated her support for the current draft of the CWP. She specifically stated her agreement with the plan's attention to healthy rivers, and suggested that the plan should consider the volume, frequency, and timing of flows necessary to maintain river health. She also stated her belief that nonconsumptive water needs should be quantified and funded. She explained that the CWP, which currently considers average yield for water storage, should consider firm yield instead. She stated her opposition to transmountain diversions, stating that they do little to benefit the Western Slope or the state's robust tourism industry. She also suggested that energy producers, including those obtaining oil and gas through hydraulic fracturing, should primarily use recycled water. A written copy of some of Ms. Greenman's testimony was provided to members of the committee (Attachment B).

Attachment B.pdf

06:52 PM

Ken Ransford, representing himself, stated that the CWP should be written with the goal of leaving as much water in the stream as possible. He suggested that the current system of water laws incentivizes people to remove as much water from streams as possible, and that stream flows will not improve until this system is changed. He also suggested that Western Slope residents are concerned that allowing water to remain in Western Slope streams will lead to additional transmountain diversion of Western Slope water. He encouraged the committee to consider basin of origin protections for precipitation.

06:56 PM

Mr. Ransford stated his concern that any Colorado River Compact call would be absorbed primarily by Western Slope agricultural producers. He suggested that the CWP does not accurately describe Colorado agriculture, stating that Colorado farms largely produce hay and corn, which require comparatively large amounts of water to cultivate but do not yield high cash returns. Mr. Ransford explained that the state uses considerably more water than falls as precipitation, and that groundwater depletion could result in substantially less water availability in 15 to 20 years than exists now.

07:00 PM
Mr. Ransford stated his view that a high municipal conservation standard could help the state to erase most of the projected water supply gap. He also provided the committee with his written comments on the CWP (Attachment C).

Attachment C.pdf

07:01 PM

Kristin Green, representing Conservation Colorado, thanked the committee for its participation in the Senate Bill 14-115 hearing process. She stated her support for inclusion of a municipal stretch conservation goal, and suggested that the CWP could include an even more robust conservation goal. She also discussed streamlining permitting, expressing concern that a state endorsement of projects prior to release of a final environmental impact statement could lead to marginalization of the statement's finding.

07:04 PM

Sonia Skakich-Scrima, representing herself, stated that the CWP ought to acknowledge and address the projected impacts of climate change. She stated her belief that protection of water supply may not be possible if climate change becomes irreversible, conveying the results of scientific studies that predict decades of water shortages for Colorado as a result of climate change. She proposed that combating climate change would require leaving two-thirds of existing fossil fuels in the ground, as well as substantial additional water conservation by agricultural users. She also suggested that hydraulic fracturing uses an unacceptable amount of water to extinction, while increasing migration of underground methane gas toward surface water. She emphasized that climate change ought to be the basis for the approach of regulatory bodies, including the committee, to water policy planning.

07:13 PM

Larry Scrima, representing himself, stated that water should not be considered cheap or free. He suggested that industrial users of water and other natural resources do not pay sufficiently for the use or lease of public resources. He suggested that industrial users be held responsible for cleanup of the sites they abandon.

07:16 PM

Anne Castle, representing the Getches-Wilkinson Center at the University of Colorado, summarized her background as a water lawyer and former Assistant Secretary of the Interior. She explained the role of the Getches-Wilkinson Center, which has received funding to assess and analyze the current draft of the CWP from a legal perspective. She suggested that the hundreds of action items in the plan be prioritized in order to promote a practical implementation strategy. She also suggested that the CWCB ought to develop criteria to determine which projects receive funding and from which sources. She voiced strong support for the conservation stretch goal and the conceptual framework regarding transmountain diversions. She conveyed the Center's desire to work with the CWCB and the House and Senate Agriculture Committees in order to assist in implementation of the plan. She stated support for expediating the use of alternative transfer mechanisms in order to reduce the permanent drying of agricultural lands. She also stated her support for legislation that would allow water rights holders to lease or transfer water rights for nonconsumptive use. She stated her belief in the potential of water banking. Ms. Castle also provided written testimony on the CWP from the Getches-Wilkinson Center (Attachment D).

Attachment D.pdf

07:23 PM

Casey Davenhill, representing the Colorado Watershed Assembly, introduced her organization's goal of supporting conservation values for land and water in Colorado watersheds. Ms. Davenhill spoke to the importance of the basin roundtables in engaging the public in conversation about water management in the state of Colorado. Ms. Davenhill stated her support for the chapter of the CWP concerning education and outreach, which is important for adults as well as children. She emphasized that water supply is a regional issue that requires collaboration among people with diverse perspectives and interests. She also stated that her organization is working with the Water Quality Control Division in order to conduct a statewide water quality survey, including the participation of focus groups.

07:28 PM

Senator Roberts closed public testimony and thanked members of the public for their participation. The meeting was adjourned.