Water Resources Review Committee (10/26/2005)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	10/26/2005	ATTENDANCE

Time:	10:10 AM to 05:44 PM	Butcher	X
		Entz	X
Place:	SCR 356	Fitz-Gerald	X
		Grossman	*
This Meeting was called to order by		Hodge	X
	Senator Isgar	Hoppe	X
		Taylor	X
This Report was prepared by		White	X
	David Beaujon	Curry	X
		Isgar	*
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Seventh Meeting		-

10:11 AM -- Briefing on the Proposed Lower South Platte Project

Peter Binney, Director of Aurora Utilities, described the impact of the drought on the City of Aurora's water supply and explained that the city's population is projected to increase by 500,000 people in 2040 (Attachment A). To improve the city's ability to withstand major droughts and prepare for the growing population, the city is pursuing additional water supply programs including water conservation and water reuse. The Lower South Platte Project will enable to the city to reuse part of its water supply including transbasin diversions. Phase 1 of this project will include additional storage near Aurora Reservoir and a pipeline to move this water north to gravel storage lakes near Barr Lake. Mr. Binney estimated the city's water demand in 2050 based on unrestricted and restricted water use by its customers. Funding mechanisms for the Lower South Platte Project include increasing tap fees and water rates. Committee discussion followed about the effect of substantial fee increases on growth and growth management in the city.

10:54 AM -- Update on the Statewide Water Supply Initiative

Rick Brown, Colorado Water Conservation Board, explained that the General Assembly commissioned the Statewide Water Supply Initiative in 2003 to help understand and prepare for the state's long term water needs (Attachment B and C). The report was delivered to the General Assembly in December 2004. It identifies water needs in each of the state's eight major river basins and estimates water supply shortfalls based on planned projects and estimated water demand. In 2005, the General Assembly appropriated additional money to continue the study. Phase 2 of the study will assist water users in the river basins examine and implement water supply options to address the gap between planned projects and future water needs. The process includes four technical round tables that will work with basin roundtables established in HB 05-117. Each technical roundtable will address a specific water supply issue including water efficiency, alternatives to permanent agricultural dry ups, and prioritizing and quantifying recreational and environmental water needs.

11:08 AM

Mr. Brown explained that the population in the west slope of Colorado is projected to increase by 420,000 and by 2.4 million in the east slope in 2030. The shortfall between planned projects and estimated water demand is 10,300 acre feet in the west slope and 107,800 acre feet in the east slope. He explained that a combination of water supply options may be needed to meet the shortfall including conservation, reuse, agricultural transfers, and development of new water supplies. He also identified water resources related to the these options.

11:37 AM -- Operating a Small Ditch in an Urbanizing Area

Jim Snow, Silver Lake Ditch Company, President, and Catherine Long-Gates, Secretary, explained that the Silver Lake Ditch was built between 1875 and 1905 to supply downtown Boulder and farms in north Boulder (Attachments D and E). In 1906, the City of Boulder purchased the Silver Lake Reservoir and annexed land serviced by the Silver Lake Ditch. In 1965, the city agreed to acquire shares of the ditch company through abandonment or in exchange for water service from the city. The Silver Lake Ditch Company currently includes 275 shareholders and 280 acres of irrigated land. It annual income $26,000. Mr. Snow expressed concern about recent efforts by the City of Boulder to acquire the remaining shares of the ditch company. The city has agreed to a temporary moratorium on its effort to acquire the ditch's water and has begun voluntary discussions with the ditch company and its shareholders to address the disagreement. Mr. Snow described the benefits provided by the ditch including watering of trees and the recharge of well and lakes through seepage from the ditch. It also provides recreational opportunities and a cheaper source for irrigation than using treated water.

The City of Boulder submitted a letter that responds to some of the concerns expressed by Mr. Snow and Ms. Long-Gates (Attachment F).

11:58 AM

The committee recessed.

02:10 PM - Final Action on Draft Bill Concerning the Colorado Water Resources and Power Development Authority

Senator Isgar called the meeting back to order and summarized the provisions of the September 29, 2005 Draft Bill concerning the Colorado Water Resources and Power Development Authority (Attachment G).


BILL:	Seventh Meeting
TIME:	02:12:39 PM
MOVED:	Entz
MOTION:	Moved to recommend the September 29, 2005 Draft Bill concerning the membership requirements for the Board of the Colorado Water Resources and Power Development Authority. The motion passed on a roll call vote of 10 to 0. If approved by the Legislative Council on November 15, the bill will be introduced in the 2006 legislative session as a Senate Bill with Senator Lewis H. Entz as the Senate sponsor and Representative Mary Hodge as the House sponsor.
SECONDED:
		VOTE
	Butcher	Yes
	Entz	Yes
	Fitz-Gerald	Yes
	Grossman	Yes
	Hodge	Yes
	Hoppe	Yes
	Taylor	Yes
	White	Yes
	Curry	Yes
	Isgar	Yes
Not Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:15 PM -- Final Action on Draft Bill Concerning Recreational In-channel Diversions

Senator Isgar explained that Amendment L. 001 (Attachment H) addresses concerns about the October 12, 2005 Draft Bill concerning recreational in-channel diversions (RICD).

02:20 PM

Representative Curry described the provisions of Pre-Amended draft of the October 12, 2005 Draft RICD bill (Attachment I) that includes amendment L. 001. Committee discussion followed about the Pre-Amended Draft Bill including the definition of an RICD control structures, limits on types of recreational uses, and time and flow limits on RICD calls.

The following persons testified on the Pre-Amended Draft Bill.

02:43 PM -- Cynthia Covell, representing herself, commented on provisions of the Pre-Amended Draft Bill pertaining to the role of the CWCB in the RICD review process and RICD control structure requirements. She also described the control structures used by the Upper Gunnison Water Conservancy District's RICD.

02:58 PM -- Drew Peternell, Trout Unlimited, explained that RICDs provide incidental benefits, such as provide habitat and protect stream flows for fish. He proposed amendments to the Pre-Amended Draft Bill including the volume-trigger on RICD calls, limits on types of recreational uses that may obtain a RICD, the de minimis rule, and the definition of a RICD control structure. Committee discussion followed about Mr. Peternell's proposed amendment to broaden limits on the types of allowable recreational uses of RICDs.

03:18 PM -- Jonathan Kahn, representing himself, described the economic benefits from boaters and spectators of RICDs users. He identified developing boating technologies and expressed concern about limiting RICDs to kayakers. He also expressed concern about other provisions of the Pre-Amended bill concerning control structures and RICD flow triggers for calls.

03:25 PM -- Larry MacDonnell, Porzak, Browing, & Bushong, described the growing use of RICDs and identified the City of Steamboat Springs' and the CWCB's expenses incurred during the RICD application review process. He also expressed concern about provisions of the Pre-Amended Draft Bill concerning control structures and qualifying uses of RICDs. Mr. MacDonnell explained that water court is able to address many of challenges of determining whether an RICD complies with current law.

03:41 PM -- Sara Duncan, Denver Water Department, explained that the volume of RICD applications has steadily increased since the first recreational water right was granted to the City of Fort Collins. She also proposed amendment to the Pre-Amended Draft Bill including keeping the provision in current law that limits RICDs to the minimum amount of water necessary.

03:52 PM -- Julie McKenna, Northern Colorado Water Conservation District, requested that the bill be amended to keep "minimum" in the definition of RICD.

The Upper Gunnison River Water Conservancy District submitted written testimony on the draft RICD bill (Attachment J).

03:55 PM

The committee recessed.

04:14 PM

Senator Isgar called the meeting back to order and proposed a process for amending the draft bill.


BILL:	Seventh Meeting
TIME:	04:14:54 PM
MOVED:	Hodge
MOTION:	Moved Amendment L. 001 to the October 12 Draft Bill concerning recreational in-channel diversions. The motion passed without objection. Additional amendments pertain to the Pre-Amended Draft Bill that is the October 12 Draft Bill, as amended by Amendment L. 001.
SECONDED:
		VOTE
	Butcher
	Entz
	Fitz-Gerald
	Grossman
	Hodge
	Hoppe
	Taylor
	White
	Curry
	Isgar
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

04:17 PM

Tom Morris described an amendment to authorize the Water Court to retain its jurisdiction over an RICD for at least 20 years.


BILL:	Seventh Meeting
TIME:	04:19:14 PM
MOVED:	Taylor
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 6, after line 22, insert a provision to authorize the Water Court to retain jurisdiction over RICDs for at least 20 years.
SECONDED:
		VOTE
	Butcher
	Entz
	Fitz-Gerald
	Grossman
	Hodge
	Hoppe
	Taylor
	White
	Curry
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Seventh Meeting
TIME:	04:24:45 PM
MOVED:	Curry
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 3, line 22, strike "CONSTRUCTED BY HUMANS" and substitute "PLACED WITH THE INTENT". The motion passed without objection.
SECONDED:
		VOTE
	Butcher
	Entz
	Fitz-Gerald
	Grossman
	Hodge
	Hoppe
	Taylor
	White
	Curry
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Seventh Meeting
TIME:	04:34:05 PM
MOVED:	Entz
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 4, line 25, strike "IN THE MONTHS OF APRIL TO SEPTEMBER"and substitute "FROM APRIL 1 TO LABOR DAY" after "DEMONSTRATE," strike "CLEAR AND CONVINCING", line 27, strike "EVIDENCE,". The motion passed on a roll call vote of 8 - 2.
SECONDED:
		VOTE
	Butcher	Yes
	Entz	Yes
	Fitz-Gerald	Yes
	Grossman	Yes
	Hodge	Yes
	Hoppe	No
	Taylor	Yes
	White	No
	Curry	Yes
	Isgar	Yes
Not Final YES: 8 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	Seventh Meeting
TIME:	04:45:04 PM
MOVED:	Taylor
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 4, line 24, after "water," strike "DURING THE HOURS OF SIX A.M.", line 25, strike "TO TEN P.M. , and substitute "BETWEEN ONE HALF-HOUR AFTER SUNRISE TO ONE HALF-HOUR AFTER SUNSET". The motion passed without objection.
SECONDED:
		VOTE
	Butcher
	Entz
	Fitz-Gerald
	Grossman
	Hodge
	Hoppe
	Taylor
	White
	Curry
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Seventh Meeting
TIME:	04:48:46 PM
MOVED:	Grossman
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 5, line 24, after "NOT" insert "MATERIALLY". The motion passed without objection.
SECONDED:
		VOTE
	Butcher
	Entz
	Fitz-Gerald
	Grossman
	Hodge
	Hoppe
	Taylor
	White
	Curry
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Seventh Meeting
TIME:	04:51:28 PM
MOVED:	Curry
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 5, line 9, after "THE" insert "LOWEST". The motion passed without objection.
SECONDED:
		VOTE
	Butcher
	Entz
	Fitz-Gerald
	Grossman
	Hodge
	Hoppe
	Taylor
	White
	Curry
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Seventh Meeting
TIME:	04:57:13 PM
MOVED:	Curry
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 5, line 1, after "MONTHS.", strike "A", strike lines 2 and 3, line 4 strike "FLOW IS PRESENT.". Page 6, line 20, after "APPLICATION." insert the following sentence: "THE DECREE SHALL SPECIFY THAT THE STATE ENGINEER SHALL NOT ADMINISTER A CALL FOR A RECREATIONAL IN-CHANNEL DIVERSION UNLESS AT LEAST NINETY PERCENT OF THE DECREED RATE OF FLOW FOR THE APPLICABLE TIME PERIOD IS PRESENT.". The motion passed without objection.
SECONDED:
		VOTE
	Butcher
	Entz
	Fitz-Gerald
	Grossman
	Hodge
	Hoppe
	Taylor
	White
	Curry
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Seventh Meeting
TIME:	05:06:18 PM
MOVED:	Hoppe
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 4, line 18, keep "minimum" in the definition of a RICD. The motion failed on a rollcall vote of 4 to 6.
SECONDED:
		VOTE
	Butcher	No
	Entz	No
	Fitz-Gerald	No
	Grossman	No
	Hodge	No
	Hoppe	Yes
	Taylor	Yes
	White	Yes
	Curry	No
	Isgar	Yes
Not Final YES: 4 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Seventh Meeting
TIME:	05:14:09 PM
MOVED:	Grossman
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 5, line 6, after "FROM" insert "CUMULATIVE EFFECTS OF", line 9, strike "ONE-HALF OF". The motion failed on rollcall vote of 4 to 6.
SECONDED:
		VOTE
	Butcher	Yes
	Entz	No
	Fitz-Gerald	Yes
	Grossman	Yes
	Hodge	Yes
	Hoppe	No
	Taylor	No
	White	No
	Curry	No
	Isgar	No
Not Final YES: 4 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Seventh Meeting
TIME:	05:25:30 PM
MOVED:	Grossman
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 4, strike lines 14 through 17. The motion failed on a rollcall vote of 2 to 8.
SECONDED:
		VOTE
	Butcher	No
	Entz	No
	Fitz-Gerald	No
	Grossman	Yes
	Hodge	Yes
	Hoppe	No
	Taylor	No
	White	No
	Curry	No
	Isgar	No
Not Final YES: 2 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Seventh Meeting
TIME:	05:33:21 PM
MOVED:	Curry
MOTION:	Moved to amend the Pre-Amended Draft Bill, page 4, line 15, strike ", AND LIMITED TO," strike line 16 and substitute "KAYAKING, UNLESS THE APPLICANT CAN DEMONSTRATE THAT ANOTHER USE WILL OCCUR." Strike line 17. The motion failed on a rollcall vote of 4 to 6.
SECONDED:
		VOTE
	Butcher	No
	Entz	No
	Fitz-Gerald	Yes
	Grossman	Yes
	Hodge	Yes
	Hoppe	No
	Taylor	No
	White	No
	Curry	Yes
	Isgar	No
Not Final YES: 4 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Seventh Meeting
TIME:	05:41:55 PM
MOVED:	Curry
MOTION:	Moved to recommend the Pre-Amended Draft bill, as amended, to Legislative Council. The motion passed on a roll call vote of 8-2. The Pre-Amended bill is the October 12 draft bill, as amended by Amendment L. 001. Verbal amendments were made to the Pre-Amended Draft bill. If approved by the Legislative Council on November 15, this draft bill will be introduced as a Senate bill with Senator Jim Isgar as the prime sponsor and Representative Kathleen Curry as the House sponsor during the 2006 legislative session. Moved to approve the Pre-Amended Draft Bill concerning recreational in-channel diversions, amended. The motion passed on a roll call vote of 8-2. The Pre-Amended draft bill is the October 12 Draft Bill, as amended by Amendment L. 001. Additional committee amendments were made to the Pre-Amended Draft bill. If approved by the Legislative Council on November 15, this draft bill will be introduced in the 2006 legislative session as a Senate bill with Senator Jim Isgar as the Senate sponsor and Representative Kathleen Curry as the House sponsor.
SECONDED:
		VOTE
	Butcher	No
	Entz	Yes
	Fitz-Gerald	Yes
	Grossman	No
	Hodge	Yes
	Hoppe	Yes
	Taylor	Yes
	White	Yes
	Curry	Yes
	Isgar	Yes



Not Final YES: 8 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:46 PM

The meeting was adjourned.