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I_WRRC_2016A 09/20/2016 10:00:14 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



WATER RESOURCES REVIEW COMMITTEE

Date: 09/20/2016
ATTENDANCE
Time: 10:00 AM to 04:05 PM
Arndt
X
Baumgardner
X
Place: HCR 0112
Becker J.
X
Coram
X
This Meeting was called to order by
Hodge
X
Representative Vigil
Jones
X
Mitsch Bush
X
This Report was prepared by
Sonnenberg
X
Meghan O'Connor
Roberts
X
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Update on Rising Groundwater in the South Platte Basin

Regulation of Ground Water Storage

Land Use Planning and Water Efficiency

Lead in Drinking Water Systems

Implementation of Colorado Water Plan

Public Testimony

Final Action on Recommendations to Legislative Council
Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

5 Bills Recommended





10:00 AM -- Update on Rising Groundwater in the South Platte Basin



The committee was called to order.



John Stulp, Special Policy Advisor to the Governor on Water and Chair of the Interbasin Compact Committee (IBCC), introduced himself and discussed the Groundwater Technical Committee. Mr. Stulp distributed his presentation to the committee (Attachment A). The committee has nine members, which include representatives from the Colorado Water Conservation Board (CWCB), South Platte Basin Roundtable, and others. Jim Hall, Senior Water Resources Engineer, Northern Colorado Water Conservancy District, introduced himself and explained his role and the South Platte Basin Roundtable's contributions to the groundwater committee. Trudy Peterson, Town Administrator, Town of Gilcrest, provided a brief history of the Town of Gilcrest's contributions to the groundwater committee as well as a description of the current rising groundwater levels in the town.



Attachment A.pdfAttachment A.pdf



10:09 AM



Mr. Hall explained why the Town of Gilcrest is only allowed to pump water in high groundwater areas while there is not a call on the South Platte River in a response to questions from the committee. He also discussed other times that pumping is allowed in order to dewater areas with extremely high groundwater levels. Ms. Peterson discussed the working relationship with the ditch companies in the area in order to alleviate the rising water levels. Mr. Hall and Mr. Stulp responded to further questions from the committee regarding the dewatering of the area. Ms. Peterson explained that currently private residents do not have flooding in their homes due to the high groundwater levels.



10:14 AM



Ms. Peterson continued her discussion regarding the role of the Town of Gilcrest in helping to dewater areas with high groundwater levels. She explained that, in partnership with the Division of Water Resources, the town has completed a study of the rising water levels in accordance with House Bill 15-1178. The bill created the Emergency Dewatering Grant Program and transferred funds to the program account from the General Fund in FY 2015-16 for implementation of the program. The legislation also required that the Colorado Water Conservation Board (CWCB), in collaboration with the State Engineer, to develop criteria and guidlines and the accompanying real-time data collection for the grant program. The CWCB and the State Engineer are required to report annually to the committee on the progress of the grant program. She also stated that the town has studied how the town can work with agricultural users to continue to study how groundwater is administered in the area.



10:18 AM



Mr. Stulp gave further background of the Groundwater Technical Committee. He discussed House Bill 12-1278 and contributions made by the Division of Water Resources. The bill required the CWCB, in consultation with the State Engineer and the Colorado Water Institute, to conduct a comprehensive study to compile and evaluate available historical hydrologic data in the South Platte River Basin. The bill directed the CWCB to contract with the Colorado Water Institute to conduct the study. The final report from the study was presented to the General Assembly on December 31, 2013. Mr. Stulp explained that the Gilcrest-La Salle region has a flat elevation and is surrounded by areas with a higher elevation, which causes a risk for high groundwater levels. Other factors causing this high groundwater levels comes from augmentation of the alluvial aquifer.



Mr. Stulp discussed House Bill 15-1166, which implemented recommendations from the report submitted to the General Assembly in accordance with House Bill 12-1278. House Bill 15-1166 created a basin-wide tributary groundwater monitoring network in the South Platte alluvial aquifer. Mr. Stulp also discussed House Bill 15-1178, which allocated grant funding to the Town of Gilcrest's School Well Dewatering System and Dewatering and Conveyance Improvement Study. Mr. Stulp answered questions from the committee and further discussed grants awarded in accordance with House Bill 15-1178. Mr. Stulp also explained other dewatering systems in the town and explained data showing that when pumping is occurring at the Lorenz Dewatering Well, groundwater levels decrease. Mr. Stulp described future activities that will help to decrease the groundwater levels in the area, including remaining grant funding for the town of Gilcrest and improvements to the Big Bend Drain.



10:35 AM



Mr. Stulp responded to questions from the committee regarding possible statutory changes that may need to be made in order to mediate the high groundwater levels and more permanent solutions to dewater areas with high groundwater. Mr. Hall and Mr. Stulp responded to questions from the committee regarding the management of the groundwater by ditch companies. Mr. Stulp responded to questions from the committee regarding the cost of the proposed pipeline, the Brown & Caldwell study in the area, and augmentation plans in the area.







10:53 AM -- Regulation of Ground Water Storage



Kevin Rein, Deputy State Engineer, Division of Water Resources, discussed groundwater storage regulation in the state. Mr. Rein described the nature of groundwater, and explained that it is transient, making it difficult to actually store. Mr. Rein discussed how an aquifer could potentially be used as groundwater storage. Mr. Rein responded to questions from the committee. Mr. Rein's presentation was distributed to the committee prior to the meeting (Attachment B).



Attachment B.pdfAttachment B.pdf



11:09 AM -- Land Use Planning and Water Efficiency



Kevin Reidy, Water Conservation Technical Specialist, CWCB discussed land use and water efficiency as it relates to the Colorado Water Plan. Mr. Reidy talked about the potential municipal and industrial water gap (M&I gap) caused by an increase in population by the year 2050. Mr. Reidy's presentation was distributed to the committee prior to the meeting (Attachment C).



Attachment C.pdfAttachment C.pdf



11:17 AM



Matt Mulica, Policy Facilitator, Keystone Center, introduced himself to the committee and distributed a summary of the Colorado Water and Growth Dialogue and Draft Findings (Attachment D). The Colorado Water and Growth Dialogue intends to explore and demonstrate how the integration of water and land use planning should be utilized to reduce water demand from the development associated with the projected population increase, according to Mr. Mulica.



Attachment D.pdfAttachment D.pdf



11:20 AM



Drew Beckwith, Water Policy Manager, Western Resource Advocates, introduced himself to the committee and continued the discussion of integrating water efficiency into land use management. Mr. Beckwith discussed current building projects that are incorporating water into comprehensive plans for the building and the community. He explained that Western Resource Advocates is providing resources for builders that seek to include water planning in their development plans. Mr. Beckwith responded to questions from the committee about incorporating existing water infrastructure into their plans. Committee discussion ensued regarding the community needs of land use planning and the aging water infrastructure in the state.



11:34 AM



Lyle Whitney, Water Conservation Supervisor, Aurora Water, introduced himself to the committee and gave a brief description of the efforts Aurora Water has made to integrate water planning into land use planning in the city. Mr. Whitney discussed land code changes that Aurora has made, which include a decrease in high water turf on residential landscapes. He also described Aurora's Z-zone tap fee, which eliminates water allocation in developments for outdoor irrigation of lawns and other landscaping. Mr. Whitney discussed other incentives Aurora Water offers in order to decrease water use. Mr. Whitney responded to questions from the committee regarding these incentives and the infrastructure of Aurora Water. Mr. Reidy discussed water infrastructure of water utilities in response to questions from the committee.



11:51 AM



Joe Stibrich, Water Resources Policy Manager, Aurora Water, discussed the potential water loss that comes from aged infrastructure in response to questions from the committee.



11:56 AM



Mr. Whitney continued with his presentation and further discussed changes that Aurora Water is making to its requirements to create incentives for water conservation. Mr. Whitney discussed some of the benefits Aurora has seen in the process of integrating water management into land use planning.



11:59 AM



Anne Miller, Senior Planner, Colorado Department of Local Affairs (DOLA), joined Mr. Reidy to continue the discussion of incorporating water saving actions into land-use planning, as directed by the Colorado Water Plan. Ms. Miller gave an update on how DOLA is implementing Senate Bill 15-008, which required the CWCB, in consultation with DOLA, to develop training programs for local government water and land use planners on best management practices for water demand management and conservation. The legislation also required the CWCB to provide training on a recurring basis free of charge and make recommendations on how to better integrate water demand management and conservation into land use planning. Ms. Miller distributed a flier for a webinar series entitled "Breaking Down Silos: Integrating Water into Land Use Planning" (Attachment E) to display the educational outreach program. Ms. Miller described a program in order to train water planners and water providers on the subject of incorporating water efficiency into land use planning. Mr. Reidy responded to questions from the committee.



Attachment E.pdfAttachment E.pdf



12:12 PM



The committee recessed.



01:32 PM -- Lead in Drinking Water Systems



The committee came back to order.



Ron Falco, Drinking Water Program Manager, Colorado Department of Public Health and Environment (CDPHE), introduced himself to the committee and distributed two handouts providing information about lead in drinking water (Attachments F and G). Mr. Falco discussed what entities fall under the Lead Rule in the Safe Drinking Water Act and provided common sources of lead in the state. He stated that drinking water is the most common source of lead, but that also lead-based paint, certain home remedies, duster oils, mining, and plumbing can also result in lead exposure. Excess lead exposure is related to developmental problems in young children but can also result in more long term heath problems for adults. Lead most often enters drinking water from drinking water infrastructure and residential plumbing; however, there is little information regarding the water quality in those components. The amount of lead in the drinking water depends on various factors, such as how long the water has been in the pipes. Mr. Falco explained the Lead-Copper Rule of the 1991 Safe Drinking Water Act and explained











that the rule does not apply to water systems for schools. Mr. Falco described how lead in drinking water is regulated throughout the state. In response to a question from the committee, Mr. Falco explained how local entities control lead in drinking water and how each municipality takes steps to prevent health impacts from high lead levels in the drinking water.



Attachment F.pdfAttachment F.pdf Attachment G.pdfAttachment G.pdf



01:48 PM



Jennifer Robbinett, Drinking Water Compliance Assurance Section Manager, CDPHE, explained that schools and daycares are not subject to the lead rule and are not required to test their drinking water for lead. Ms. Robbinett stated that there are schools that have started their own lead sampling, without coordination with CDPHE and explained that other school districts that are not currently testing for lead in the water are encouraged to contact their local water suppliers. Ms. Robbinett stated that schools and daycares are required to notify CDPHE and parents and the school community if there is lead in the drinking water; however, there currently are no schools with lead levels in the drinking water.



01:52 PM



Mr. Falco discussed the challenges for water providers to sample and test the drinking water for lead in compliance with the lead rule. Mr. Falco stated that CDPHE has been working closely with the EPA and water systems to ensure that there is not dangerous levels of lead in the water. CDPHE also recently participated in a national conversation about how the lead rule can be improved. Mr. Falco discussed how CDPHE can help raise awareness about harmful contaminants in the drinking water in the future.



01:56 PM



Mr. Falco responded to questions from the committee regarding complications of the lead rule and how CDPHE and schools interact in testing for lead in the drinking water. Mr. Falco also explained why schools and daycares were excluded from the lead rule. He stated that the rule only applies to public drinking water systems, so private buildings such as schools are not subject to the rule. Mr. Falco explained options for schools and homes that have discovered lead in the drinking water in response to questions from the committee. Mr. Falco explained how the lead levels in the drinking water from Flint, Michigan, were lowered, which included a change in the source of the drinking water and erosion treatment of the water service infrastructure.



02:10 PM



Sarah Bahrman, Acting Director, Water Program, U.S. Envrionmental Protection Agency, discussed actions that the EPA is taking regarding lead levels in areas that have tested positive for lead. Ms. Bahrman responded to questions from the committee regarding what water systems are required to do if there are high lead levels in that system and what role the EPA plays in resolving that issue. She explained that there is federal funding available to restore drinking water quality through the state's revolving fund. Ms. Bahrman explained various educational outreach methods taken by the EPA to address lead levels in drinking water. Committee discussion ensued.



02:29 PM



Ms. Bahrman explained that EPA is in the process of revising the lead-copper rule of the Safe Drinking Water Act, and explained that states are required to adopt any revision. The state's rule may be more stringent than the EPA rule, but the must be at least as stringent as the federal rule. The regulation must be adopted within three years. Ms. Bahrman explained that EPA has a guidance document for schools in order to educate schools on how to test for lead in the drinking water and what actions to take if high levels are found.





02:34 PM -- Implementation of Colorado Water Plan



Anne Castle, University of Colorado Getches-Wilkinson Center for Natural Resources, Energy and the Environment, introduced herself to the committee. Committee members received a copy of her presentation (Attachment H). Ms. Castle discussed recommendations for the committee to consider, including integrated land and water planning. Ms. Castle discussed House Bill 08-1141, which required that building permit applications for developments of greater than 50 single-family equivalents must include specific evidence of an adequate water supply. As part of the legislation, local governments were able to choose to require adequate water supply for developments smaller than 50 single-family equivalents. Ms. Castle discussed the Colorado Water Plan's requirement that all basins and roundtables consider water conservation in their planning. Ms. Castle explained that the current land use approval process, as created by House Bill 08-1141, does not require a water conservation component, despite the growing need for conservation in the state. She explained that some local governments do have these requirements, but it is inconsistent throughout the state. Ms. Castle provided examples of water conservation requirements in Arizona and New Mexico.



Attachment H.pdfAttachment H.pdf



02:48 PM



Ms. Castle explained some discrepancies between requirements in cities and in counties in the state. She described several solutions in order to make the inclusion of water conservation into land use planning easier. Some solutions include eliminating those discrepancies for counties and other local governments and giving guidance to land use planners on how to accumulate water supply information. Ms. Castle explained some items to consider in moving forward with integrating water conservation into land use planning and responded to questions from the committee.



03:00 PM



Ms. Castle discussed alternative transfer methods (ATMs) and water banking in the state and why the current water banking system has not been successful. She explained that the current water banking system is limited to stored water and there are other mechanisms, such as substitute water supply plans, that may be better than water banking. Ms. Castle presented suggestions to the current water banking structure in order to improve the system. Ms. Castle further discussed ATMs, and the concerns surrounding that method of water efficiency. Ms. Castle provided examples of different water efficiency models in other states that Colorado can look to in implementing the requirements of the Colorado Water Plan (water plan), and she responded to questions from the committee regarding these models.



03:13 PM



Ms. Castle discussed the requirement in the water plan concerning watershed protection plans, and how that requirement can be accomplished.



03:14 PM -- Public Testimony



No members of the public testified.



03:15 PM -- Final Action on Recommendations to Legislative Council



Representative Mitsch Bush presented Draft Bill 1, a Joint Resolution concerning funding for the prevention of aquatic nuisance species in Colorado. Representative Mitsch Bush distributed language of the Water Resources Development Act of 2016 (Attachment I) and Amendment L.001 to the resolution (Attachment J). The

resolution urges the U.S. Bureau of Reclamation, the United States Army Corps of Engineers, and the U.S. Forest Service to provide funding to Colorado Parks and Wildlife for implementation of the state's Zebra and Quagga Mussel Management Plan. This draft bill is available on the committee's website www.colorado.gov/lcs/WRRC.



Attachment I.pdfAttachment I.pdf Attachment J.pdfAttachment J.pdf

BILL: Final Action on Draft Bill 1 - Aquatic Nuisance Species Inspections
TIME: 03:18:37 PM
MOVED: Baumgardner
MOTION: Adopt amendment L.001 to Draft Bill 1, Joint Resolution concerning aquatic nuisance species inspections. The motion passed without objection.
SECONDED: Arndt
VOTE
Arndt
Baumgardner
Becker J.
Coram
Hodge
Jones
Mitsch Bush
Sonnenberg
Roberts
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: Final Action on Draft Bill 1 - Aquatic Nuisance Species Inspections
TIME: 03:19:30 PM
MOVED: Mitsch Bush
MOTION: Recommend Draft Bill 1 to Legislative Council, as amended. The motion passed on a vote of 9-0.
SECONDED: Coram
VOTE
Arndt
Yes
Baumgardner
Yes
Becker J.
Yes
Coram
Yes
Hodge
Yes
Jones
Yes
Mitsch Bush
Yes
Sonnenberg
Yes
Roberts
Excused
Vigil
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:23 PM



Representative Becker presented Draft Bill 2, concerning an authorization for the Colorado Water Conservation Board to finance South Platte River Basin Reservoir dredging projects. This draft bill and the fiscal note are available on the committee's website www.colorado.gov/lcs/WRRC. The bill appropriates $5 million for FY 2017-18 from the CWCB Construction Fund for loans and grants for dredging reservoirs located in the South Platte River Basin. Senator Sonnenberg moved and distributed Amendment 1 to the bill (Attachment K), and explained the amendment. Committee discussion ensued regarding the CWCB Construction Fund and how those funds are allocated for projects and the bill.



Attachment K.pdfAttachment K.pdf


BILL: Final Action on Draft Bill 2 - CWCB Grants Loans Dredge South Platte Basin Reservoirs
TIME: 03:28:42 PM
MOVED: Sonnenberg
MOTION: Adopt Amendment 1 to Draft Bill 2. The motion passed without objection.
SECONDED: Becker J.
VOTE
Arndt
Baumgardner
Becker J.
Coram
Hodge
Jones
Mitsch Bush
Sonnenberg
Roberts
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: Final Action on Draft Bill 2 - CWCB Grants Loans Dredge South Platte Basin Reservoirs
TIME: 03:29:10 PM
MOVED: Becker J.
MOTION: Recommend Draft Bill 2 to Legislative Council, as amended. The motion passed on a vote of 7-2.
SECONDED: Sonnenberg
VOTE
Arndt
No
Baumgardner
Yes
Becker J.
Yes
Coram
Yes
Hodge
Yes
Jones
No
Mitsch Bush
Yes
Sonnenberg
Yes
Roberts
Excused
Vigil
Yes
YES: 7 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:31 PM



Representative Arndt presented Draft Bill 3, concerning updates to the 1921 law governing irrigation districts. This draft bill and fiscal note are available on the committee's website www.colorado.gov/lcs/WRRC. The bill makes updates to the 1921 irrigation District Act and addresses: compensation for board members and election judges; use of surplus water; how irrigation district assessments are to be collected and held; the bonding requirement for district board members; and election procedures and procedures for selling surplus property.

BILL: Final Action on Draft Bill 3 - Update 1921 Irrigation District Act
TIME: 03:32:40 PM
MOVED: Arndt
MOTION: Recommend Draft Bill 3 to Legislative Council. The motion passed on a vote of 9-0.
SECONDED: Coram
VOTE
Arndt
Yes
Baumgardner
Yes
Becker J.
Yes
Coram
Yes
Hodge
Yes
Jones
Yes
Mitsch Bush
Yes
Sonnenberg
Yes
Roberts
Excused
Vigil
Yes
YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:34 PM



The committee recessed.



03:41 PM



The committee came back to order. Senator Sonnenberg clarified the sponsorship for Bill 3.



Representative Arndt presented Draft Bill 4, concerning an exemption from the Water Quality Control Commission's graywater control regulations for graywater used for the purpose of scientific research involving human subjects. This draft bill and fiscal note are available on the committee's website www.colorado.gov/lcs/WRRC. Representative Arndt moved and distributed Amendment 2 to the committee (Attachment L). Representative Arndt also distributed an unofficial preamended version of the bill as amended by Amendment 2 (Attachment M). Representative Mitsch Bush discussed Amendment 1, which was distributed to the committee prior to the meeting (Attachment N), and moved that amendment as a substitute to Amendment 2. Committee discussion ensued regarding the two amendments.



Attachment L.pdfAttachment L.pdf Attachment M.pdfAttachment M.pdf Attachment N.pdfAttachment N.pdf








BILL: Final Action on Draft Bill 4 - Graywater Regulation Exemption for Scientific Research
TIME: 03:50:54 PM
MOVED: Mitsch Bush
MOTION: Adopt Amendment 1 to Draft Bill 4. The motion failed on a vote of 2-7.
SECONDED: Jones
VOTE
Arndt
No
Baumgardner
No
Becker J.
No
Coram
No
Hodge
No
Jones
Yes
Mitsch Bush
Yes
Sonnenberg
No
Roberts
Excused
Vigil
No
YES: 2 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL: Final Action on Draft Bill 4 - Graywater Regulation Exemption for Scientific Research
TIME: 03:51:46 PM
MOVED: Arndt
MOTION: Adopt Amendment 2 to Draft Bill 4. The motion passed on a vote of 7-2.
SECONDED: Sonnenberg
VOTE
Arndt
Yes
Baumgardner
Yes
Becker J.
Yes
Coram
Yes
Hodge
Yes
Jones
No
Mitsch Bush
No
Sonnenberg
Yes
Roberts
Excused
Vigil
Yes
YES: 7 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS



Pursuant to Section 37-98-103, C.R.S., the committee may report no more than three bills or other measures to the Legislative Council, unless a two-thirds majority of the members of the committee (at least 7 members) vote to report a greater number. Also, no bill may be reported to the Legislative Council unless a two-thirds majority of the appointed members of the committee vote to report such bill to the Legislative Council.




BILL: Motion to Exceed Three Bill Limit
TIME: 03:52:58 PM
MOVED: Sonnenberg
MOTION: Move to allow the committee go beyond three bill limitation. The motion passed on a vote of 7-2.
SECONDED: Baumgardner
VOTE
Arndt
Yes
Baumgardner
Yes
Becker J.
Yes
Coram
Yes
Hodge
Yes
Jones
No
Mitsch Bush
No
Sonnenberg
Yes
Roberts
Excused
Vigil
Yes
YES: 7 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL: Final Action on Draft Bill 4 - Graywater Regulation Exemption for Scientific Research
TIME: 03:54:33 PM
MOVED: Arndt
MOTION: Recommend Draft Bill 4 to Legislative Council, as amended. The motion passed on a vote of 7-2.
SECONDED: Sonnenberg
VOTE
Arndt
Yes
Baumgardner
Yes
Becker J.
Yes
Coram
Yes
Hodge
Yes
Jones
No
Mitsch Bush
No
Sonnenberg
Yes
Roberts
Excused
Vigil
Yes
YES: 7 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:56 PM



Jennifer Berman, Office of Legislative Legal Services, described the provisions of Draft Bill 6, concerning requirements governing implementation of the State Engineer's functions. This draft bill and fiscal note are available on the committee's website www.colorado.gov/lcs/WRRC.

BILL: Final Action on Draft Bill 6 - State Engineer Statutes Cleanup
TIME: 04:00:03 PM
MOVED: Sonnenberg
MOTION: Recommend Bill 6 to Legislative Council. The motion passed on a vote of 7-2.
SECONDED: Arndt
VOTE
Arndt
Yes
Baumgardner
No
Becker J.
Yes
Coram
No
Hodge
Yes
Jones
Yes
Mitsch Bush
Yes
Sonnenberg
Yes
Roberts
Excused
Vigil
Yes
YES: 7 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS



04:01 PM



The committee thanked Representative Vigil and Senator Hodge for their work on the committee.



04:05 PM



The committee adjourned.




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