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I_WRRC_2017A 09/07/2017 09:00 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



WATER RESOURCES REVIEW COMMITTEE

Date: 09/07/2017
ATTENDANCE
Time: 09:03 AM to 11:34 AM
Baumgardner
X
Coram
X
Place: SCR 357
Donovan
X
Esgar
X
This Meeting was called to order by
Fields
*
Senator Sonnenberg
Mitsch Bush
X
Saine
*
This Report was prepared by
Willett
X
Matt Becker
Arndt
X
Sonnenberg
X
X = Present, E = Excused, A = Absent, * = Present after roll call, R = Remote Participation
Bills Addressed: Action Taken:
Water Bank Working Group Grand Valley Pilot Project

Statutory Changes for Substitute Water Supply Plans for Gravel Pits

Public Testimony

Requests for Draft Committee Legislation
Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Recommendation(s) Approved





09:03 AM -- Water Bank Working Group Grand Valley Pilot Project



The committee was called to order. A quorum was present. Chris Treese, External Affairs Manager, Colorado River Water Conservation District, and Mark Harris, General Manager, Grand Valley Water Users Association, presented an update to the committee on the Conserved Consumptive Use Pilot Project. A copy of the presentation can be found at: http://coga.prod.acquia-sites.com/. Mr. Treese discussed an overview of the Colorado River Basin and the goals of the project. Committee members received a fact on the project (Attachment A).



Attachment A.pdfAttachment A.pdf



09:08 AM



Mr. Harris discussed the demand management and water banking aspects of the project. Mr. Harris also discussed the project's goal of improving Lake Powell water levels. Goals for the project include: gaging farmer interest, determining scalability, mitigating financial cost and risk, continuing compliance with existing contracts, and exploring potential benefits.



09:17 AM



Mr. Harris also discussed compliance issues with the project to ensure downstream water rights holders are not injured. He also discussed how the project is based on farmers' willingness to conserve consumptive use during certain times of the irrigation season. In 2017, 10 farmer cooperators participated in the project. Project criteria include payments for participation, active farming operations, and acreage between 60 and 240 acres (not to exceed 50 percent of total 2016 farm acres that have been controlled for at least three years). The 10 cooperators were chosen by lottery from a pool of 30 farmers. In 2017, the project provided 3,178 acre-feet of conserved consumptive use with a total budget of about $1.0 million.



09:24 AM



Mr. Treese discussed other initiatives being explored by the Colorado River Water Conservation District to improve water levels at Lake Powell. Mr. Treese responded to a committee question regarding the use of water by states in the Lower Colorado River Basin.



09:33 AM



In response to a committee question, Mr. Treese discussed how storage is managed in the basin and how shortages are shared between the states. He also discussed funding participants for the project, including Front Range water providers. Mr. Harris further explained storage differences between the Upper and Lower Basins. Mr. Treese discussed Colorado's obligations under the Colorado River Basin Compact.



09:48 AM



In response to committee questions, Mr. Harris discussed the legality of water rights under the Colorado River Basin Compact. Mr. Treese further discussed the accounting process for various consumptive uses and storage accounts with Lake Powell by the Bureau of Reclamation. He also discussed the operating agreement used by the states under the Colorado River Basin Compact.



10:02 AM -- Potential Statutory Changes for Substitute Water Supply Plans for Gravel Pi



Garrett Varra, Vice President of Varra Companies, Inc. and President of the Colorado Stone, Sand, and Gravel Association, and Rick Fendel, Petrock and Fendel, P.C., discussed potential statutory changes related to substitute water supply plans for gravel pits. Committee members received a fact sheet and draft statutory changes regarding the proposed gravel pit legislation (Attachments B and C). Mr. Varra explained recent discussions with the State Engineer's Office regarding allowable uses of water for gravel pits under current law.



Attachment B.pdfAttachment B.pdf Attachment C.pdfAttachment C.pdf



10:10 AM



Mr. Fendel discussed the requirements, evaporation depletions, and water uses associated with augmentation plans for gravel pits. Mr. Varra further explained the process of operating, lining, and obtaining water rights for gravel pits.



10:18 AM



In response to a committee question, Mr. Varra explained that the proposed legislation would not change the water quality of the source water. Mr. Fendel explained the roles of the State Engineer's Office and the Division of Reclamation, Mining, and Safety in regulating gravel pits.



10:22 AM -- Public Testimony



Alexander Funk, representing the National Young Farmers Coalition, provided the committee with a letter regarding recommendations for the Colorado Water Plan (Attachment D). Mr. Funk discussed how the plan could further address soil health. He also discussed possible improvements to access for specialized conservation equipment, financial incentives to promote more efficient outdoor water use and technology, and alternative transfer mechanisms as a means to protect working agricultural lands.



Attachment D.pdfAttachment D.pdf



10:32 AM -- Requests for Draft Committee Legislation



BILL: Requests for Draft Committee Legislation
TIME: 10:32:32 AM
MOVED: Arndt
MOTION: Draft committee legislation regarding municipal water sharing. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 10:35:56 AM
MOVED: Sonnenberg
MOTION: Draft committee legislation regarding substitute water supply plans for gravel pits. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 10:36:53 AM
MOVED: Esgar
MOTION: Draft a committee bill titled the "Mussel-Free Colorado Act". The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 10:38:39 AM
MOVED: Coram
MOTION: Draft committee legislation regarding reclaimed water use for edible agriculture crops. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 11:01:56 AM
MOVED: Donovan
MOTION: Draft a committee bill regarding reclaimed water use for toilet flushing. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 11:03:00 AM
MOVED: Arndt
MOTION: Draft committee legislation regarding reclaimed water use for marijuana crops. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 11:04:40 AM
MOVED: Donovan
MOTION: Draft committee legislation regarding reclaimed water use for industrial hemp crops. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 11:05:20 AM
MOVED: Willett
MOTION: Draft committee legislation or a resolution to improve efficiencies within CDPHE. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 11:17:16 AM
MOVED: Saine
MOTION: Draft committee legislation regarding keeping groundwater levels to a certain level below the ground surface. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 11:23:33 AM
MOVED: Saine
MOTION: Draft committee legislation regarding the study of high groundwater levels in the South Platte basin. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Requests for Draft Committee Legislation
TIME: 11:28:21 AM
MOVED: Sonnenberg
MOTION: Draft committee legislation related to the loan programs for the Colorado Water Resources and Power Development Authority. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Coram
Donovan
Esgar
Fields
Mitsch Bush
Saine
Willett
Arndt
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection





11:30 AM



Thomas Morris and Jennifer Berman, Office of Legislative Legal Services, discussed the bill drafting process with the committee.



11:34 AM



Senator Sonnenberg set September 25th as the deadline for committee members to submit their recommendations about the Colorado Water Plan. The committee adjourned.


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