I_WRRC_2018A 08/07/2018 09:03:47 AM Committee Summary

Peter Nichols, Lower Arkansas Super Ditch Company, introduced himself to the committee and provided a background to the committee on deficit and split season irrigation in the Lower Arkansas Valley.  Mr. Nichols discussed the process of fallowing-leasing and distributed a copy of proposed legislation concerning deficit irrigation [Attachment A].

Kevin Rein, State Engineer in the Division of Water Resources, introduced himself to the committee and provided technical information surrounding the lease-fallowing tool.  The State Engineer's Office developed the tool, which calculates the historical consumptive use of a water right.  Mr. Rein explained the process of participating in a lease fallowing pilot project. Mr. Nichols responded to questions regarding the process of participating in the pilot project program.

Mr. Rein responded to questions from the committee regarding possible speculation of water in rural areas.  Mr. Nichols also responded to questions from the committee regarding using the lease fallowing tool during a drought or for drought protection.  Discussion ensued regarding how many irrigated acres in production are owned by municipalities versus those irrigated acres that have been forced out of production.

Mark Harris, Grand Valley Water Users Association (GVWUA), introduced himself to the committee and explained why he would support legislation expanding defict irrigation and lease fallowing.

Nancy Smith, Nature Conservancy (TNC), introduced herself to the committee and provided a background on the Nature Conservancy and how the nonprofit uses tools to assist agricultural water users. Ms. Smith stated that TNC is partnering with GVWUA in their conservation pilot program and discussed findings of studies regarding fallowing crop yielding fileds and how fallowing impacts yields. Ms. Smith responded to questions regarding the leasing of water that TNC participates in and clarified whether they lease water for municipal use or conservation use.

Gerry Knapp, Lower Arkansas Valley Water Conservancy District, introduced himself to the committee and discussed the lease fallowing pilot program in the district.  Mr. Nichols wrapped up the discussion and stated that he supported the idea for lease fallowing water for multiple uses, not just municipal uses.  Committee discussion ensued regarding the Catlin Canal Pilot Project and the availability of similar programs in the future.

Further committee discussion ensued.

The committee recessed.

The committee came back to order.

Patrick Pfaltzgraff, Director, Water Quality Control Division in the Colorado Department of Public Health and Environment (CDPHE), introduced himself to the committee.  At the meeting on June 19 representatives from CDPHE presented the Refinance Water Pollution Control Program Act report, as required by House Bill 17-1285.  Nicole Rowan, Clean Water Program Manager CDPHE, introduced herself to the committee and began to review the responses to questions submitted by the committee regarding the June 19 presentation. Ms. Rowan and Mr. Pfaltzgraff distributed a copy of the responses to the committee [Attachment B].  Ms. Rowan discussed Colorado's water quality criteria as it compares to that of the Environmental Protection Agency (EPA).  Ms. Rowan responded to questions from the committee regarding natural selenium levels in the water, and how CDPHE takes into account the natural levels when determining water quality criteria.

Ms. Rowan described the ways in which the department is increasing enforcement of water quality standards and discussed the department's efforts in getting stakeholder input on the report.  The department met in May regarding this process and is developing ways to involve stakeholders prior to the submission of the 2019 report.  Ms. Rowan discussed backlogged permits and how the department is addressing the backlog of permits.  Mr. Pfaltzgraff and Ms. Rowan responded to questions from the committee regarding the stakeholders involved in setting water quality standards and best management practices that help to protect drinking water quality standards.  Committee discussion ensued regarding stakeholder programs, rulemaking processes, and best management practices.

Mike Lester, Colorado State Forester, introduced himself to the committee and distributed information on the health of Colorado forests [Attachment C].  Mr. Lester discussed the impacts of forest disturbances, such as wildfire, on water resources.  Impacts include earlier snow pack run-off, less tree cover, and increased flooding.  Mr. Lester discussed Colorado State Forest Service (CSFS) programs that help created healthier forests, such as the forest restoration and wildfire risk mitigation grant program, forest legacy program, and community wildfire protection plans.  He also discussed the Colorado Big Thompson Headwaters partnership and other watershed partnerships that CSFS has initiated.

Mr. Lester responded to questions from the committee regarding good neighbor authority projects and long term planning for those projects. He discussed funding for certain projects focused on maintaining forest health and responded to questions concerning carbon sequestration in trees, the eradication of pine beetles, and the cost associated with removing trees infected with pine beetles.

The committee recessed for lunch.

The committee came back to order.

Dr. Matthew Wallenstein, Dr. Jim Ippolito, and Dr. Steven Fonte, Colorado State University, introduced themselves to the committee.  The panel distributed a copy of their presentation to the committee [Attachment D].  The panel discussed soil erosion caused by wind and water and how that impacts soil health.  Soil health is the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans.  Healthy soil supports has physical, chemical, and biological benefits and supplies nutrients to crops.  Dr. Fonte discussed soil structure and how well aggregated soil improves water capture and soil control.  Dr. Ippolito discussed how the health of soil, and specifically soil moisture can improve with reduced tillage.  He provided an example of how strip tillage can improve soil health and decrease soil erosion.

Dr. Wallenstein discussed practices for restoring soil organic matter and soil health including reduced tillage technologies, residue and retention, integration of cover crops, organic matter additions, and other soil additives.  He also discussed innovation and job creation in this sector.  Dr. Wallenstein provided the committee with examples of companies investing in healthy soil technology.

The panel responded to questions from the committee regarding the application of biochar in healthy soil and discussed the nutritive value of trees killed by pine beetles.  The panel also responded to questions regarding the impediments of investing in healthy soil practices, and discussed the uncertainty of the return on investment with regards to healthy soil practices.  Dr. Wallenstein emphasized the importance of educating farmers on healthy soil practices.  The panel also responded to questions from the committee regarding microbes in the soil and the impact of fallowing on agricultural soil.  Committee discussion ensued regarding the availability of biochar materials.

Committee discussion continued, and the panel responded to questions concerning soil erosion in Colorado.

Clint Evans, U.S. Department of Agriculture Natural Resources Conservation Service (USDA-NRCS), introduced himself to the committee and provided a background on USDA-NRCS.

Hilary Cooper, San Miguel County Commissioner, introduced herself to the committee and provided the committee with information on farmers and ranchers' struggles in San Miguel County, specifically citing struggles in maintaining the land.  Ms. Cooper discussed soil health and possible solutions to increase the emphasis on soil health as a statewide policy.  Ms. Cooper responded to questions from the committee regarding the prioritization of soil health funding at the state level.

Helen Silver, Environmental Management Attorney, introduced herself to the committee and responded to questions from the committee regarding possible draft legislation that would create a soil health program at the state level.  Ms. Silver and Ms. Cooper distributed two possible pieces of legislation for the committee's consideration [Attachment E] and [Attachment F].  Dr. Wallenstein continued to respond to questions from the committee regarding possible legislation.  Committee discussion ensued.

The committee recessed.

The committee came back to order.

Jeff Shoemaker, Greenway Foundation, introduced himself to the committee and provided the committee updates on projects sponsored by the Army Corps of Engineers and the Greenway Foundation.  Mr. Shoemaker distributed information regarding the Greenway Foundation [Attachment H].

Peter Baertlein, Denver Public Works, introduced himself to the committee and provided a background on the Southern Platte Valley River South Restoration Project and distributed information regarding the project [Attachment G].  Mr. Baertlein responded to questions from the committee on the Harvard Gulch section of the project.  Mr. Baertlein continued to discuss the timeline for the flood plane project, and Mr. Shoemaker clarified that funding will consist of a series of small scale federal funding schemes.  Mr. Baertlein continued to discuss the funding for the project and responded to questions from the committee.  Mr. Shoemaker responded to questions concerning the restoration of the fish habitat as a result of the South Platte recovery project.

David Bennetts, Denver Public Works, introduced himself to the committee.  Mr. Bennetts discussed the Sun Valley Riverfront Park and Johnson Habitat Park sections of the project. He also discussed Phase 2 of the project, which is focussed on north Denver, the Rino Promenade, Confluence Park, and River North Park.  Phase 2 is planned to be completed by 2020.

Jennifer Williams, Denver Public Works, introduced herself to the committee and discussed the in-stream restoration within the project.  The objective of the project is to develop a program to restore fish and wildlife habitat in certain parts of the South Platte River.  Currently, the project is in its final public comment period.

Mr. Shoemaker concluded the presentation and provided the committee with return on investment figures for the project.  He stated areas in the project have increased property value and increased revenue for the city and county.  The panel responded to questions from the committee regarding the background of the feasibility study.

Jennifer Benson, National Young Farmers Coalition (NYFC), introduced herself to the committee and provided a background on the NYFC.  Ms. Benson discussed the importance of soil health in the agriculture sector.

Donna Brosemer, Greeley Water, provided testimony regarding deficit irrigation and possible legislation addressing deficit irrigation.  Ms. Brosemer stated that Greeley Water does not support the potential legislation and questioned the constitutionality of such practices.  Ms. Brosemer responded to questions from the committee regarding the constitutionality of the concept of saved water as it relates to deficit irrigation.

Joan Green Turner, Water Rights Association of the South Platte (WRASP), provided testimony on the potential legislation addressing deficit irrigation. Ms. Turner stated that the WRASP is concerned with the concept of leasing water and emphasized the importance of the water court process in augmenting water rights.  Ms. Turner responded to questions from the committee.

David Robbins, Republican River District, stated that the district and the state engineer supports a boundary change of the Republican River District.

Thomas Morris and Jennifer Berman, Office of Legislative Legal Services, addressed the committee and provided an overview of rules and deadlines associated with requesting legislation.

Carly Jacobs, Department of Natural Resources, discussed Severance Taxes and Tier II program funding.  Ms. Jacobs proposed several changes to how Tier II programs should be funded, such as distributions to Tier II programs being based on actual revenue not forecasted revenue. Ms. Jacobs responded to questions from the committee regarding severance tax funding and Tier II programs.

Committee discussion ensued regarding potential legislation.

Senator Crowder discussed federal funding for the Arkansas Valley Conduit.

Committee discussion on municipal water sharing.