Final
STAFF SUMMARY OF MEETING

COMMITTEE ON JOINT AGRICULTURE AND NATURAL RESOURCES

Date:03/15/2006
ATTENDANCE
Time:07:43 AM to 08:48 AM
Brophy
Entz
Place:HCR 0112
Gallegos
Gardner
This Meeting was called to order by
Groff
Senator Isgar
Grossman
Harvey
This Report was prepared by
Hodge
David Beaujon
Hoppe
McFadyen
McKinley
Rose
Solano
Taylor
Tochtrop
White
Curry
Isgar
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Presentation by WQCC-

Presentation by the Colorado Water Quality Control Commission to the Joint House and Senate Agriculture Committees

7:43 AM

Representative Curry, Chair, called the meeting to order. The following committee members were present: Senator Entz, Representative Hoppe, Senator Taylor, Representative Gardner, Senator Isgar, Representative Rose, Representative Hodge, Representative Solano, and Representative Curry.

7:44 AM

Dennis Ellis, Executive Director, Colorado Department of Public Health and Environment, commented on drinking water rule development, decision items of the Department, and on a bill addressing "equality in water fees." He noted that the Department is also seeking two new FTE.

7:48 AM

Brian Nazarenus, Chairman, Water Quality Control Commission, introduced the members of the Water Quality Control Commission.

7:50 AM

Robert Sakata, Commissioner, distributed copies of a document, "The Citizen's Guide to Water Quality Protection."


7:53 AM

Paul Grundemunn, Commissioner, commented on water quality standards for ammonia. He commented on revised ammonia standards which have the potential to be costly to small communities. The Commission is informing small communities of the new standards.

8:04 AM

Martha Rudolf, Commissioner, commented on the issuance of oil and gas construction stormwater discharge permits. She said that all construction activities that disturb greater than five acres require storm water management plans. She noted that the Commission has extended this requirement to oil and gas activities that disturb greater than one acre. She said that the Energy Policy Act of 2005 exempted certain oil and gas developments. In a hearing on this topic the industry argued that the State of Colorado is preempted by the Act from this level of regulation. The Commission disagreed with the industry on this point. Ms. Rudolf said that the Commission has received great public input on this issue.

Ms. Rudolf commented on the inspection of the drilling operations and enforcement of Commission regulations. She said that the inspections are "complaint driven" and that the Commission's staff does not have the ability to visit each drilling site, even every five years. She mentioned the need for coordination of the activities of the Colorado Oil and Gas Conservation Commission and the Water Quality Control Commission.

8:19 AM

Mr. Nazarenus, commented on the "Section 303(d) list of impaired waters." One of the duties of the Commission is setting water quality standards for streams throughout the state. The U.S. Environmental Protection Agency (EPA) requires the compilation of the 303(d) list of streams that do not meet these standards. Mr. Nazarenus said that this list was recently completed, but that the EPA suggested the addition of several creeks to the list. For a number of reasons the Commission declined to add these streams to the list. He commented on the process by which streams are listed.

8:31 AM

Dr. Chris Wiant, commented on temporary modifications of standards for stream water quality. These modifications allow the temporary adoption of different standards for cleaning up streams. He discussed the reasons for which these modifications of standards are allowed. The process is allowed by the EPA. He noted that the Commission recently adopted amendments to regulations relating to stream temporary modifications.

8:43 AM

Senator Taylor inquired about the costs of ensuring that all of these mandates are met. Mr. Nazarenus commented on federal mandates that must be addressed by the Commission. He said that it may not be appropriate for the Commission to take positions on funding issues.

Senator Taylor asked if there is anything that the General Assembly can do to assist in acquiring federal support for these programs. Representative Curry suggested that Executive Director Ellis could respond to the Joint Committees on his strategy for meeting the funding needs of the Commission.


Rep. Curry said that the Joint Committees will invite Executive Director Ellis to return and discuss:

(1) the pending legislation addressing fees;

(2) tools that are currently available to help communities with these costs;

(3) potential funding sources, and

(4) a survey of the potential costs of the regulations on Colorado communities.

Rep. Gardner said he would like to see a list of the costs to small communities in the State to meet federal mandates.

8:48 AM

The Joint Committee meeting adjourned.