Water Resources Review Committee (09/15/2015)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	09/15/2015	ATTENDANCE

Time:	09:59 AM to 03:39 PM	Arndt	X
		Baumgardner	X
Place:	SCR 356	Becker J.	X
		Coram	X
This Meeting was called to order by		Hodge	X
	Senator Roberts	Jones	*
		Mitsch Bush	X
This Report was prepared by		Sonnenberg	X
	Meghan O'Connor	Vigil	*
		Roberts	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Residential Precipitation Collection Proposed Legislation to Allow Small Scalre Precipitation Collection Quantification of Landscape Water Conservation Best Management Practices Update on Gold King Mine Spill State Programs to Address Water Quality Impacts from Abandoned Mines Hydrologic Monitoring and Prediction Capabilities Requests for Draft Legislation Committee Discussion Concerning Feedback on the Colorado Water Plan		- - - - - - - -

10:00 AM -- Residential Precipitation Collection

Reagan Waskom, Director, Colorado Water Institute, introduced himself to the committee, and gave a brief overview of the presentation. He also introduced his fellow presenters, Dr. Larry Roesner, Colorado State University (CSU) Professor of Civil and Environmental Engineering, and Chris Olsen, Director, CSU Stormwater Education Program. He explained that he and the fellow presenters do not have a position on any legislation, but are rather advocating for efficient water management.

10:06 AM

Dr. Roesner introduced himself and iterated that he does not have a position on any legislation. His presentation (Attachment A) was distributed to the committee prior to the meeting. Mr. Roesner explained that his presentation would provide an unbiased assessment of the effects on runoff and infiltration of 100 gallons of rainwater capture capacity for a typical household using defensible scientific methods and Colorado-specific (Denver) climatic conditions. Mr. Roesner described the methodology of a recent study that determined the effect two rain barrels on a residential lot would have on surface water runoff. He explained that the study determined that there was no significant or measurable difference in the runoff of a developed lot with rain barrels. Mr. Roesner identified rain barrel adoption rates in other states and estimated that there would be approximately a 5 percent adoption rate of rain barrels in Colorado if allowed. Dr. Roesner explained that allowing 100 gallons of rainwater storage per household will not decrease surface runoff by any detectable amount on a typical lot. Development on previously undeveloped land (“greenfield”) has a significantly greater effect on surface runoff and infiltration than rainwater storage.

Attachment A.pdf

10:15 AM

Mr. Olsen answered questions from the committee regarding the impact of rain barrels on surface runoff. He explained that there is not a difference in the amount of runoff because water captured in rain barrels would have evaporated or been consumed by vegetation. Mr. Olsen and Dr. Roesner responded to questions from the committee about the calculations that lead to the determination that rain barrels have an insignificant affect on stream flows. Dr. Roesner explained that creating an augmentation plan for rain barrels would be difficult because their effect on streamflows is so small. In response to another question, Mr. Olsen explained that because the amount of surface runoff does not change with the use of a rain barrel, there would not be a measurable impact if more people used rain barrels. Mr. Olsen responded to questions regarding the adoption rates of rain barrels in other states; and explained that the City of Milwaukee collects data on the sale of rain barrels to estimate their impact on runoff. Mr. Waksom responded to questions from the committee regarding the way in which the water captured by rain barrels is used and why it would be difficult to calculate their impact on stream flows.

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.

11:11 AM -- Quantification of Landscape Water Conservation Best Management Practices

The committee came back to order. Kristen Fefes, Executive Director, Associated Landscape Contractors of Colorado, introduced herself to the committee and introduced her fellow presenters: Brenda O'Brien, Project Manager, GreenCO, and Jay Hicks, Lobbyist for GreenCO. She distributed her presentation to the committee (Attachment C). Ms. Fefes discussed the role and membership of GreenCO and described how GreenCO is funded. She explained that GreenCO developed a a set of 39 best management practices (BMPs) for the Green Industry, summarizing practices that conserve (require less) water, increase irrigation efficiency, protect water quality, and support healthy, attractive, sustainable landscapes. It also recently completed a study to assess the quantitative benefits of landscape BMPs, both within the industry and for water providers Ms. Fefes discussed the Colorado Water Plan and the future action items in the plan, as they relate to the best management practices of GreenCO.

Attachment C.pdf

11:26 AM

Brenda O'Brien discussed the challenge of quantify water conservation savings from BMPs because of the lack of studies relevant to Colorado and explained how the GreenCO quantification study overcame these challenges. For example, the study completed engineering calculations to estimate net irrigation requirements for various landscape scenarios. It also conducted macro-scale modeling for the South Platte Basin to estimate potential water demand reductions achievable under several outdoor water use scenarios. Ms. O'Brien explained that the quantification study determined that landscape water conservation BMPs can provide significant water demand reductions, without sacrificing attractive landscapes. The magnitude of these reductions varies based on site-specific landscape conditions, climate and behavioral change. It also determined that over-irrigation remains a significant opportunity for water savings. Ms. O'Brien explained how Chapter 6.3 of the Colorado Water Plan addresses conservation and reuse including the potential benefits of landscape BMPs. She also discussed obstacles to implementing BMPs including the lack of public awareness about the benefits of landscape BMPs.

11:40 AM

The committee recessed.

01:30 PM -- Update on Gold King Mine Spill

The committee came back to order, and Senator Roberts introduced Patrick Pfaltzgraff, Director, Water Quality Control Division (WQCD), and Bruce Stover, Director, Inactive Mine Reclamation Program of the Division of Reclamation, Mining, and Safety (DRMS). Mr. Pfaltzgraff stated that since August 5, 2015, CDPHE and the WQCD has been actively addressing the Gold King Mine Spill, which leaked contaminated water from the mine into the Las Animas River in southwest Colorado. He described the steps that were taken in order to protect the health of the residents in the area and along the Las Animas River. He also discussed the collaboration between WQCD other agencies, such as Colorado Parks and Wildlife and Colorado Department of Public Health and Safety to address the spill's impacts. Mr. Pfaltzgraff answered questions from the committee regarding the cost of responding to the spill and the testing of the water. He stated that WQCD has been working closely with the U.S. Environmental Protection Agency (EPA) and other agencies to cover such costs, and that long-term water quality monitoring is currently in the WQCD budget. Mr. Pfaltzgraff discussed how WQCD determines the toxicity of a river, as well as how WQCD monitors the basins in the state on a regular basis. He stated that WQCD compared the Las Animas River conditions after the Gold King Mine spill with the historical toxicity of the river, noting that the Las Animas River has been effected by mine leakage for some time.

01:43 PM

Mr. Stover provided some background about the Colorado Inactive Mine and Reclamation Program (CIMRP) and explained how CIMRP has been in contact with residents of the Las Animas Basin regarding the Gold King Mine Spill and how to avoid contamination from the spill. He stated that CIMRP has been working on stabilization of the portal of the mine to prevent its collapse, leaving the mine to drain freely. He stated that CIMRP has overseen the construction of a series of ponds in order to treat the water by raising its PH level. Mr. Stover stated that the addet involved in the spill had been collapsed since 2007. Mr. Stover responded to questions from the committee regarding the potential of further damage to the Las Animas River from mine spills.

01:51 PM

Mr. Pfaltzgraff stated that the WQCD is continuing to monitor the stream and communicating with the people in the area in order to ensure public safety. Mr. Pfaltzgraff stated that he was not satisfied with the response to the Gold King Mine spill, and WQCD is already working on ways to improve the response to future spills. He stated that WQCD has been working with the Southern Ute tribe to improve the communication between state agencies and the effected public. Mr. Pfaltzgraff stated that WQCD is working with the EPA to develop a more effective communication process to contact those who could be impacted by a spill. He also explained how the state is working with the EPA to monitor water quality in the river to see how long it takes to return to pre-spill conditions. Mr. Stover explained how DRMS works with the EPA to assess the threat of spills from abandoned mines. He also explained that the U.S. Department of Interior has commissioned an engineering and geotechnical investigation of the Gold King Mine spill to determine how it happened and identify ways to prevent such spills from happening in the future. In response to further questions from the committee Mr. Pfaltzgraff discussed plans to remediate abandoned mines in the state to prevent future mines spills.

02:02 PM

Mr. Stover responded to questions from the committee regarding measures to increase the capacity of ponds to treat mine discharge from the Gold King Mine and other mines in the area, as well as measures to prevent groundwater from seeping into abandoned mines.

02:08 PM -- State Programs to Address Water Quality Issues Related to Abandoned Mine Drainage

Mr. Stover introduced Ginny Brannon, Director of the Division of Reclamation, Mining, and Safety and distributed a copy of his presentation (Attachment D) and a map of current mining stream impacts and restoration in the state (Attachment E). Mr. Stover explained current DRMS Legacy Mine program activities. Legacy mines are sites where mining was conducted prior to 1977, also called abandoned mines. Mr. Stover also identify funding sources for legacy mine remediation projects, which include the EPA, CDPHE, BLM, USFS, and state severance tax moneys. Mr. Stover stated that DRMS is woking at the behest of other agencies and groups and those groups prioritize the reclamation efforts. Mr. Pfaltzgraff stated that the WQCD is working to stratify those programs and have a more structured way for determining which projects are funded. Mr. Stover described several projects and how those projects are implemented. Mr. Stover discussed recent nonpoint source and water quality improvement projects and recent characterization projects. He specifically discussed the Saints John Water Quality Improvement Project and the Pennsylvania Mine Project. He discussed the difference in funding between the two projects as well as the different goals of each project.

Attachment D.pdf

Attachment E.pdf

02:23 PM

Mr. Stover responded to questions from the committee regarding the difference between mine tailings that are a product of milling process and rock waste that is part of the mining process. He also explained how mine tailing and waste rock can affect water quality. He explained that there are around 500 legacy mines that are impacting water quality in the state. Mr. Pfaltzgraff explained that legacy mines can impact water quality throughout the state, as well as impact downstream states. Mr. Stover responded to questions about the ability of bulkheads to project water quality and whether there are more cost effective methods for addressing or preventing mine drainage. Mr. Stover further discussed funding for the legacy mining projects, noting that a majority of the state funding comes from the State Severance Tax Fund. Mr. Stover stated that DRMS has spent $12.3 million on legacy mine reclamation. Mr. Pfaltzgraff discussed the funding that the WQCD uses for mine reclamation that comes from the federal government and other sources. Mr. Stover responded to questions from the committee regarding the potential for additional hazardous mine discharges.

02:37 PM

Mr. Paltzgraff responded to questions about the need for a full inventory of the legacy mines in the state, including identification of mine ownership, the cost of remediation, regulatory issues surrounding each mine, and emergency response plans in case of a spill. Mr. Paltzgraff discussed efforts by the state to identify hazardous mines in the state and how it prioritizes the remediation of these sites. Mr. Stover responded to questions from the committee regarding the types of remediation projects DRMS is able to address given the current funding levels. He also discussed the provisions of the federal Clean Water Act that may deter long-term treatment of mine discharge. Mr. Paltzgraff also responded to questions from the committee about the need for "Good Samaritan" legislation to encourage voluntary mine remediation.

02:48 PM -- Hydrologic Monitoring and Prediction Capabilities

David Gochis, Scientist, Research Applications Laboratory, National Center for Atmospheric Research (NCAR), discussed Colorado's hydrologic challenges, including droughts and floods. He also discussed the importance of Colorado rivers and streams to water users in Colorado and downstream states. He explained how direct observation helps predict floods and droughts and identified gaps in hydrologic monitoring in the state. He explained how better monitoring of snow pack, streamflows, and groundwater levels would enable the state to manage better its water resources. Mr. Gochis discussed recent efforts of state agencies to improve the hydrology monitoring and prediction in the state and explained how advanced hydrology monitoring can benefit the state, including improved disaster preparedness and response.

03:00 PM

Mr. Gochis explained that most of the state's snow pack monitoring stations are located below tree line while much of the state's snow pack lies above tree line. He explained how expanded monitoring of the snow pack above tree line may help the state better predict runoff. He also explained how dust on snow may expedite snow melt and how monitoring of dust on snow may better enable the state to predict runoff.

03:00 PM

David Yates, Scientist, Research Applications Laboratory, NCAR, discussed how real time monitoring of dust on snow can help the state better predict runoff.

03:03 PM -- Process for Requesting Draft Legislation

Tom Morris, Office of Legislative Legal Services (OLLS), and Jennifer Berman, OLLS, provided an update on the bills and resolutions that they are drafting. Ms. Berman also reminded the committee that today (September 15, 2015), is the last day for the committee to request draft legislation. Pursuant to Section 37-98-103, C.R.S., Ms. Berman explained that the committee may recommend up to 10 measures, each requiring two-thirds majority vote, and described the Legislative Council review process for interim committee recommendations. Clare Pramuk, Fiscal Analyst for the Office of Legislative Council Staff, explained the drafting process and deadlines for the fiscal notes that will be prepared for each draft bill. Mr. Morris also reminded the committee that the Executive Committee of the Legislative Council issued guidelines for interim committees that require that a bill concept have majority support of the committee before it may be drafted.

03:10 PM -- Requests for Draft Legislation

Representative Becker requested that a bill be drafted concerning the application of state water law to federal agencies, similar to SB 15-064 that was postponed indefinitely in 2015. The motion was adopted without objection. Representative Becker later withdrew this bill from final consideration by the committee. Representative Vigil moved that a bill be drafted to allow local law enforcement to enforce restrictions on the theft of water. This motion was adopted without objection. These bills will be considered for final action on October 29, 2015.

03:20 PM -- Committee Discussion Concerning Feedback on the Second Draft of the Colorado Water Plan

David Beaujon, Legislative Council Staff, explained that Senate Bill 14-115 requires the Water Resources Review Committee to provide feedback on the draft Colorado Water Plan to the CWCB by November 1, 2015. The CWCB's deadline for the public to submit comments is September 17, 2015. Mr. Beaujon explained that staff created a table that summarizes all of the comments submitted at committee meetings and by e-mail. He requested guidance from the committee regarding how and when it wants to provide feedback to the CWCB on the draft Colorado Water Plan. Senator Roberts announced that the committee would submit the public feedback table to the CWCB by September 17, 2015 and submit a final report to the CWCB, with committee comments on the Colorado Water Plan prior to the November 1, 2015, deadline.

03:24 PM

Senator Jones moved to recommend to the CWCB adding information in the Colorado Water Plan about funding available for water conservation system improvements be added to the chapter concerning alignment of state resources (currently Chapter 9 of the Second Draft) and to concerning critical actions (Currently Chapter 10 of the plan). Specifically, add the following statement to the discussion on the Colorado Water Resources and Power Development Authority: "Water conservation system improvements, such as smart metering technology, more efficient customer billing and communication systems, and other related technologies used to influence behavior to achieve water conservation goals, are eligible for financial assistance from state revolving funds as part of a water system capital improvement project." This motion was adopted without objection. This recommendation will be included in the committee's preliminary report to the CWCB prior to the September 17 deadline.

03:25 PM

Bob Randall, Deputy Director of the Colorado Department of Natural Resources, responded to questions from the committee about how much longer the CWCB will be able to accept feedback from the Committee on the Colorado Water Plan. He urged the committee to submit their feedback as soon as possible so that it may be considered by the CWCB as it prepares the Colorado Water Plan.

03:25 PM

Committee discussion followed about the feedback on the Colorado Water Plan that it wants to provide to the CWCB. Senator Roberts announced that a letter will be drafted to the CWCB that includes the committee's feedback on the Colorado Water Plan. The deadline for the committee to submit recommendations for the letter is September 22 and September 29 is the deadline for staff to present a draft of the letter to the committee for its review.

03:38 PM

The committee adjourned.