Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:07/21/2015
ATTENDANCE
Time:02:11 PM to 04:23 PM
Arndt
X
Baumgardner
E
Place:
Becker J.
X
Coram
*
This Meeting was called to order by
Hodge
X
Senator Roberts
Jones
X
Mitsch Bush
X
This Report was prepared by
Sonnenberg
E
Meghan O'Connor
Vigil
X
Roberts
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Call to Order and Introduction
Overview of the Colorado River Compact
Update on Hydropower Development Projects in the Gunnison River Basin
Public Testimony		-
-
-
-

02:11 PM -- Call to Order and Introduction

The meeting was called to order. Senator Roberts introduced herself and explained the purpose of the committee. Senator Roberts explained that the committee will reconvene at 6:00 PM for the Senate Bill 14-115 hearing, regarding the Colorado Water Plan (CWP).

02:13 PM

The committee introduced themselves, and Senator Roberts noted that Representative Brown, who is not a member of the committee, was in attendance.

02:21 PM

Senator Roberts explained that, as a part of the meeting, James Eklund, Director of the Colorado Water Conservation Board (CWCB), will provide an overview of the Colorado River Compact and asked that Director Eklund begin.

02:23 PM -- Overview of the Colorado River Compact

James Eklund, Director, Colorado Water Conservation Board (CWCB), introduced himself to the committee and explained that, in addition to being the director of CWCB, he is Governor Hickenlooper's representative on the Upper Colorado River Compact Commission. Mr. Eklund explained that in Colorado, 70 to 80 percent of the water is located west of the continental divide, or in the "west slope," while 90 percent of the state's population is on the east side of the divide, or the "east slope." Mr. Eklund explained that the state is allocated about one-third of the water that arises in the state under the nine interstate compacts. He provided an illustration of the diversions of the Colorado River, and noted that Colorado has two compacts that govern the Colorado River. He also gave background on the doctrine of prior appropriation and the 1922 Compact, which was created out of a dispute between Colorado, Wyoming, and California, as well as the specifies of the compact.

Mr. Eklund continued to explain the development of the 1922 Compact, including the separation of the states into Upper Basin states, which are Colorado, New Mexico, Utah, and Wyoming, and Lower Basin states, which are Arizona, California, and Nevada. He explained the role of Congress in the development of the compact and described how the lower basin ceded control of the compact to the Secretary of Interior, rather than allowing each state in the basin to determine how the water is used. Mr. Eklund then gave a brief history of the 1948 Upper Colorado River Basin Compact; he stated that the compact was developed as a result of the Upper Basin states using percentages to calculate the water in the states, rather than tracking the water in amounts in acre feet. Mr. Eklund explained that, as a result of the 1922 Compact, Colorado receives 51.75 percent of the water that was available the year prior, which is the majority of the water in the Upper Basin states. The 1948 compact additionally stipulated that the Upper Basin was not allowed to deplete the river more than 75 million acre feet over a 10 year period.

02:41 PM

Mr. Eklund explained that the transmountain diversions (TMD), which transfers water from the west slope to the east slope of the state, are junior water rights, which implies that if there is a call on the Colorado River in order to fulfil a compact, the TMDs would be some of the first water rights to be curtailed. This fact lead to the purchase of senior agriculture water rights in order to ensure that TMDs would not be effected by a call on the river. In response to a question from the committee, Mr. Eklund stated that the way in which a call on the river would be prioritized is unknown. Mr. Eklund explained that the state is worried about a call on the Colorado River, especially due to the fact that the water levels in Lake Powell and Lake Mead are historically low. Beacause of the nature of the two reservoirs, it is essential that they stay above, whcat Mr. Eklund called, critical elevation. He stated that depletions in those two reservoirs that cause the reservoirs to go below the critical elevation would lead to a compact call on the Colorado River and further explained the dynamics of the two lakes, including how the levels of each would impact each other as well as the Colorado River Compact. Mr. Eklund also described projects that are being completed in order to ensure that Lake Mead does not go below critical elevation,

02:53 PM

Mr. Eklund described several ways in which states can help prevent a compact call on the Colorado River, including managing Lake Mead and Lake Powell in a way that would keep them above critical elevation; consuming less water to ensure that more water continues on to Lake Mead and Lake Powell; and removing unnecessary draws on the Colorado River and making the watersheds healthier. Mr. Eklund responded to questions from the audience and the committee regarding reservoirs on the east slope, which would help with demand management; the management of Lake Powell and Lake Mead; and the Central Arizona Storage Project.

03:11 PM -- Update on Hydropower Development Projects in the Gunnison River Basin

Mike Berry, Tri-County Water Conservancy District (Tri-County Water), began his presentation regarding the Ridgway Dam and an update on hydroelectric power in Montrose. Mr. Berry explained how the dam provides power and explained that due to the wet spring this year, the dam ran both of its available generators. Mr. Berry explained that the project began in 1984, when Tri-County Water commissioned the first feasibility study. He described the timeline of the project, which was completed in 2014 and explained the environmental benefits of the project as well as how much the project cost. The total cost of the project was approximately $18 million. Using pictures of the project, Mr. Berry explained the process of building the dam and explained that, in order to build the dam, Tri-County Water received funds from the Colorado Water Resource and Power Development Authority and the Colorado Water Conservation Board.

03:30 PM

Steve Fletcher, Manager of Uncompahgre Valley Water Users Association (UVWUA), introduced himself to the committee and explained that he would give an update of the hydrologic projects from the UVWUA. Mr. Fletcher explained that UVWUA picked two sites on the Gunnison Tunnel to produce hydroelectric power. Construction on both sites began in 2012 and were completed in 2013. Mr. Fletcher explained how the two electric sites work with the Gunnison Canal and displayed pictures to the committee. He explained that in 2015 two other plants were constructed and are now producing power on the M&D Canal and the South Canal. UVWUA has developed several partnerships in order to complete these projects, which Mr. Fletcher described. According to Mr. Fletcher, recent legislation has made the permitting of power privilege for hydroelectric sites easier and less time consuming. UVWUA has been exploring new, less expensive technology and has a total of six hydroelectric facilities, totaling 18 megawatts of energy. Mr. Fletcher stated that each facility only runs during irrigation season. Mr. Fletcher answered questions from the committee.

03:46 PM -- Public Testimony

The following persons testified before the committee:

03:46 PM -- Marshall Pendergrass, Trout Unlimited, introduced himself to the committee and distributed a handout regarding the Upper Ohio Creek Flow Restoration Project (Attachment A). Mr. Pendergrass explained that there are three top priorities Trout Unlimited has for the Colorado Water Plan, including funding for each basin roundtable to adopt a stream management plan (SMP). Mr. Pendergrass noted that Trout Unlimited is opposed to transmountain diversions, but does appreciate the seven point conceptual framework that has been incorporated into the draft plan.

Attachment A.pdfAttachment A.pdf

03:54 PM -- Ken Winckler, Public Works Director, Montrose County, introduced himself to the committee and explained the water uses in the County, as well as the need for water in order to maintain infrastructure.

03:56 PM -- Ralph Files, representing himself, introduced himself to the committee and stated his concern for increased fire danger due to spruce beetle kill in the area as it relates to the water supply and availability. He explained his concerns regarding potential damage to reservoirs caused by wildfires and the difficulty to repair or replace those reservoirs.

04:01 PM -- John Harold, representing himself, introduced himself to the committee and explained his concerns regarding the Colorado Water Plan. He explained that he is concerned about a rate increase for local farmers and stated that the plan should address the cost associated with efficiency in irrigation. He explained that there is little incentive to be efficient on his farm due to the rate increases.

In Response to Mr. Harold's testimony, Senator Roberts explained the process of the Colorado Water Plan, and explained the various ways in which concerned citizens can submit input.

04:08 PM -- Ron Henderson, Montrose County Commissioner, introduced himself to the committee and asked questions regarding the Colorado Water Conservation Board's (CWCB) involvement in developing the Colorado Water Plan. In response, Senator Roberts explained that the CWCB has partnered with the basin roundtables in developing the plan and explained that a CWCB representative will be at the hearing concerning the plan later this evening to answer any further questions concerning the CWCB. Mr. Henderson stated that he would like more stringent conservation downstream and that he would be opposed to further diversions from rivers.

04:15 PM -- Glen Davis, Montrose County Commissioner, introduced himself and explained his concerns about the water plan to the committee.

04:18 PM -- Tom Kay, representing No Chico Brush and himself, introduced himself and explained that No Chico Brush has been awarded grants for conservation projects and on-farm research regarding irrigation efficiencies. He stated that prioritizing efficiency in water irrigation on farms as well as off the farms in the form of research.

04:22 PM -- Dave Wilson, representing himself, explained that he has applied for a permit in order to construct a reservoir system but has not been able to get the permit approved.

04:23 PM

The committee adjourned.