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I_WRRC_2018A 09/27/2018 09:04:35 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
INTERIM COMMITTEE  WATER RESOURCES REVIEW COMMITTEE
Date 09/27/2018
Attendance
Catlin X
Coram X
Crowder X
Donovan X
Esgar *
Jones X
Roberts X
Saine *
Sonnenberg X
Arndt X
Time 09:04:35 AM to 04:40:05 PM
Place HCR 0112
This Meeting was called to order by Arndt
This Report was prepared by Meghan MacKillop
Hearing Items Action Taken
National Young Farmers Coalition Update Committee Discussion Only
Corrosion Control for Drinking Water Committee Discussion Only
Ducks Unlimited Recharge Projects Committee Discussion Only
Arkansas Valley Conduit Project Committee Discussion Only
Instream Flow Water Acquisitions Pilot Process Committee Discussion Only
Forest Health Advisory Council Update Committee Discussion Only
Final Action on Committee Legislation Measures Recommended to Legislative Council

National Young Farmers Coalition Update - Committee Discussion Only


09:04:48 AM  

Jennifer Benson, National Young Farmers Coalition (NYFC), introduced herself to the committee. Ms. Benson provided a background on NYFC and discussed soil health in the agricultural sector.  NYFC is an organization of young farmers that seeks to increase the representation of young farmers in agriculture.

09:08:47 AM  

Yosef Camire, Ahavah Farm, introduced himself to the committee.  Mr. Camire discussed the use of water in the agricultural sector and the depletion of groundwater aquifers in the state.  He also discussed practices that can potentially improve soil health, such as no-till farming, increasing organic matter in the soil, cover cropping, composting, and rotational grazing.  Mr. Camire discussed how his farm has implemented these practices and how these practices have benefitted his farm and crop yield.

09:27:56 AM  

Ms. Benson discussed ways in which other farmers in NYFC have implemented practices to improve soil health and suggested legislative approaches to help to improve soil health, including introducing soil health legislation, providing education for farmers, and providing technical assistance for farmers seeking to improve soil health.

09:32:28 AM  

Mr. Camire and Ms. Benson responded to questions from the committee.



Corrosion Control for Drinking Water - Committee Discussion Only


09:51:25 AM  

Patrick Pfalzgraff, Director, Water Quality Control Division, Colorado Department of Public Health and Environment, introduced himself to the committee and provided a brief outline of the presentation from CDPHE, Denver Water, and Metro Wastewater Reclamation District.  Mr. Pfaltzgraff distributed the presentation to the committee [Attachment A] and a fact sheet regarding MWRD [Attachment B].

09:54:57 AM  

Tyson Ingles, Safe Drinking Water Program, CDPHE, introduced himself to the committee and discussed lead levels in drinking water.  He stated that lead in water typically comes from the corrosion of drinking water service lines and household plumbing materials.  Mr. Ingles discussed the lead and copper rule in the federal Safe Drinking Water Act.  The rule is prescriptive and requires the state to monitor for lead and copper inside homes by testing the plumbing and use corrosion control treatment in homes.  Mr. Ingles discussed Denver Water's actions in reducing lead in drinking water.  Denver Water, in collaboration with CDPHE, studied the lead levels in drinking water in Colorado and began testing treatment options for lead in drinking water.

10:05:48 AM  

Mr. Ingles discussed orthophosphate and its common uses, including reducing corrosion and to lower lead concentrations.  Orthophosphate, by coating water pipes, inhibits or restricts corrosion and results in lower levels of lead in reaching the tap.

10:08:20 AM  

Mr. Pfaltzgraff discussed the stakeholder processes that took place to examine levels of lead in drinking water and corrosion control as a method to lower lead levels in drinking water.

10:10:17 AM  

Jim Lochead, Manager of Denver Water, introduced himself to the committee and provided an overview of Denver Water and lead levels in drinking water.  Mr. Lochead discussed the lead and copper rule.  Four requirements of lead and copper treatment, as provided in the rule, include water treatment, lead service line replacement, customer outreach and education, and optimal corrosion control treatment (OCCT).  Mr. Lochead discussed how Denver Water implements these requirements.  Mr. Lochead discussed Denver Water's OCCT program.  Mr. Lochead discussed a memorandum of understanding (MOU) that Denver Water and CPDHE entered into, where Denver Water, CDPHE, and Metro Wastewater Reclamation District regarding OCCT.

10:26:47 AM  

Mickey Conway, District Manager, Metro Wastewater Reclamation District (MWRD), introduced himself to the committee and gave the committee background on MWRD.  Mr. Conway discussed MWRD's process of treating wastewater and ways the district is trying to reduce the concentration of phosphorous in their system.

10:35:13 AM  

The panel responded to questions from the committee regarding the OCCT stakeholder process, MWRD's process of removing phosphorous, the effectiveness of pH level adjustment in treating lead levels, other methods of treating lead in drinking water, the level of salinity in wastewater, and statewide implementation of OCCTs to treat lead in drinking water.

10:58:15 AM  

The panel continued to respond to questions from the committee.

10:58:16 AM  

The committee recessed.



Ducks Unlimited Recharge Projects - Committee Discussion Only


11:06:17 AM  

The committee came back to order.

11:14:46 AM  

Jason Roudebush, Ducks Unlimited, introduced himself to the committee.  Mr. Roudebush's presentation can be found online at: http://leg.colorado.gov/node/1221201/   Mr. Roudebush discussed managed groundwater recharge, specifically in the South Platte River Basin.  He discussed return flow of the South Platte River and recharge projects sponsored by Ducks Unlimited.  He also discussed the effect of recharge projects on the storage capacity in the South Platte River Basin.  Mr. Roudebush responded to questions from the committee.

12:00:59 AM  

The committee recessed for lunch.



Arkansas Valley Conduit Project - Committee Discussion Only


01:30:00 PM  

The committee came back to order.

01:30:20 PM  

James Broderick, Executive Director, Southeastern Water Conservancy District, introduced himself to the committee. Mr. Broderick's presentation can be found online here: http://leg.colorado.gov/sites/default/files/images/committees/2017/iwrc_9-27-18_arkansas_valley_conduit.pdf.   Mr. Broderick discussed the Arkansas Valley Conduit (AVC), which was authorized by Congress as part of the Fryingpan-Arkansas Project in 1962.  In 2009, Congress amended the original plan to include a cost-sharing plan with 65 percent federal and 35 percent local funding.  Mr. Broderick discussed the timeline for the AVC, stating that it is estimated that it would take 10 years to build the conduit around the city of Pueblo.  Mr. Broderick discussed the possibility of changing the starting point for the AVC to avoid building the conduit around the city.

01:39:08 PM  

Seth Clayton, Pueblo Water, introduced himself to the committee and discussed Pueblo's role in constructing the AVC.

01:44:10 PM  

Mr. Broderick discussed the cost of the AVC and the lack of federal funding budgeted for the project.  He responded to questions from the committee regarding federal funding for the project.

01:48:10 PM  

Mr. Broderick continued to respond to questions from the committee.

01:48:11 PM  

The committee recessed.



Instream Flow Water Acquisitions Pilot Process - Committee Discussion Only


01:54:50 PM  

The committee came back to order.

02:13:10 PM  

Anne Janicki, Transaction Specialist, Colorado Water Trust (CWT), introduced herself to the committee and discussed the request for water acquisitions pilot process.   Her presentation can be found online here: http://leg.colorado.gov/sites/default/files/images/committees/2017/2018_shorter_wrrc_presentation_1.pdf.  The CWT complements the work of the state's instream flow program and restores flows to rivers. The Trust works within existing water law and partners with the CWCB.  Ms. Janicki discussed the temporary instream flow loan statute authorized in 2003, and stated that the Trust has partnered with CWCB to secure 7 temporary instream flow loans.  Ms. Janicki also discussed instream flow restoration tools, which can provide opportunities for water right owners to use their rights to sustain streams and fisheries during low flow times.

02:23:49 PM  

Ms. Janicki discussed the approval requirements for instream flow uses, including temporary instream flow leases.

02:26:51 PM  

Ms. Janicki discussed instream flow projects approved in 2018.

02:28:24 PM  

Linda Bassi, CWCB, discussed the pilot project process and the relationship with the Colorado Water Trust. She also discussed the CWCB's work with water districts to lease water for instream flow use.



Forest Health Advisory Council Update - Committee Discussion Only


02:49:43 PM  

Carol Ekarius, Coalition for the Upper South Platte and Forest Health Advisory Council (FHAC), introduced herself to the committee and distributed information regarding the FHAC [Attachment C]. Ms. Ekarius discussed forest health in the state.  Lyle Laverty, Society of American Foresters and FHAC, introduced himself to the committee and discussed wildfires in the state. Ms. Ekarius discussed water quality in watersheds as it relates to forest health.  She discussed methods the FHAC is using to improve water quality.  Their presentation can be found online here: http://leg.colorado.gov/sites/default/files/images/committees/2017/fhac_wrrcaugust2018_final.pdf.

03:03:49 PM  
Mr. Laverty discussed wildfire in the state as a challange
to maintain forest health in the state and the cost of wildfire suppression.
 Mr. Laverty also discussed prescribed fires and how broadcast burning
can improve the health of forests.  He stated that the FHAC supports
governmental immunity for prescribed fire and distributed related legislation
from New Jersey [Attachment D].  He discussed prescribed fires as
a tool for land managers, and Ms. Ekarius discussed prescribed fires as
a maintenance tool for land owners. Mr. Laverty discussed several other
recommendations from the FHAC, including expanding funding for prescribed
and pile burning, expanding public outreach on the importance of forest
health, and the creation of a Colorado Forest Plan that includes information
on the cost of fighting wildfire.
03:16:07 PM  

The panel responded to questions from the committee regarding prescribed burns.



Final Action on Committee Legislation - Measures Recommended to Legislative Council


03:27:00 PM  

The committee considered 7 measures to recommend to the Legislative Council.  Pursuant to Section 37-98-103, C.R.S., no bill may be reported to the Legislative Council unless a two-thirds majority of the appointed members of the committee (at least 7 members) vote to report such bill to the Legislative Council. Also, 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 vote to report a greater number. Such greater number may not exceed one bill or other measure per member.  The bills can be accessed online here: http://leg.colorado.gov/node/1221201/.



03:27:29 PM
Motion Permit the committee go beyond the three bill limitation.
Moved Donovan
Seconded Crowder
Catlin Yes
Coram Yes
Crowder Yes
Donovan Yes
Esgar Yes
Jones Yes
Roberts Yes
Saine Yes
Sonnenberg Yes
Arndt Yes
YES: 10   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
03:27:30 PM  

Representative Arndt stated that she is withdrawing Bill 10, concerning the Healhty Soil Task Force.  Representative Roberts stated that he is withdrawing Bill 6, concerning the protection of water quality from adverse impacts caused by mineral mining.  Bill 8 was withdrawn by the sponsor prior to the meeting.

03:28:37 PM  

Discussion ensued regarding Draft Bill 1, concerning the Republican River Water Conservation District.  The bill can be found here: http://leg.colorado.gov/sites/default/files/images/committees/2017/bill_a_19-0132.pdf.

03:29:33 PM  

David Robbins, Republican River Water Conservation District, testified in support of Draft Bill 1 and distributed several letters in support of the bill [Attachment E].

03:37:55 PM  

Committee discussion ensued regarding Draft Bill 1, and Mr. Robbins responded to questions regarding the bill.

03:40:15 PM  
John Buchanan, East Cheyenne Groundwater Management District, testified in opposition to Draft Bill 1. Mr. Buchanan responded to questions from the committee.


03:51:21 PM
Motion Recommend Draft Bill 1 to Legislative Council.
Moved Jones
Seconded Arndt
Catlin Yes
Coram No
Crowder Yes
Donovan Yes
Esgar Yes
Jones Yes
Roberts Yes
Saine No
Sonnenberg No
Arndt Yes
YES: 7   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS
03:53:32 PM  

Committee discussion ensued regarding Draft Bill 2, concerning the methodology to distribute money in the Severance Tax Operational Fund after core departmental programs are funded without changing the transfers to the Natural Resources and Energy Grant Programs.  The bill can be found here: http://leg.colorado.gov/sites/default/files/images/committees/2017/bill_b_19-0138.pdf.



04:03:16 PM
Motion Recommend Draft Bill 2 to Legislative Council.
Moved Donovan
Seconded Esgar
Catlin Yes
Coram Yes
Crowder Yes
Donovan Yes
Esgar Yes
Jones Excused
Roberts Yes
Saine Yes
Sonnenberg Yes
Arndt Yes
YES: 9   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS
04:03:17 PM  

Committee discussion ensued regarding Draft Bill 3, concerning a memorial to the United States Congress to fulfill the commitment of the federal government to provide funding for the Arkansas Valley Conduit Project.  The memorial can be found here: http://leg.colorado.gov/sites/default/files/images/committees/2017/memorial_a_m19-0145.pdf



04:05:47 PM
Motion Recommend Draft Bill 3 to Legislative Council.
Moved Crowder
Seconded Esgar
Catlin Yes
Coram Yes
Crowder Yes
Donovan Yes
Esgar Yes
Jones Yes
Roberts Yes
Saine Yes
Sonnenberg Yes
Arndt Yes
YES: 10   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
04:05:47 PM  

Committee discussion ensued regarding Draft Bill 4, concerning a requirement that the disposal in Colorado of radioactive waste originating from another state occur only if the other state allows that disposal.  The bill can be found online here: http://leg.colorado.gov/sites/default/files/images/committees/2017/bill_4_19-0136_0.pdf.

04:06:29 PM  
Senator Crowder distributed Amendment 1 to Draft Bill 4 [Attachment F].
04:09:33 PM  

Thomas Morris, Office of Legislative Legal Services, responded to questions from the committee regarding the possibility of a conflict with interstate commerce laws. Committee discussion ensued.



04:14:57 PM
Motion Amendment #1 to Draft Bill 4.
Moved Crowder
Seconded Esgar
Catlin
Coram
Crowder
Donovan
Esgar
Jones
Roberts
Saine
Sonnenberg
Arndt
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


04:16:40 PM
Motion Recommend Draft Bill 4 to Legislative Council, as amended.
Moved Crowder
Seconded Roberts
Catlin No
Coram No
Crowder Yes
Donovan No
Esgar Yes
Jones Yes
Roberts Yes
Saine No
Sonnenberg Excused
Arndt Yes
YES: 5   NO: 4   EXC: 1   ABS:  0   FINAL ACTION:  FAIL
04:16:41 PM  

Committee discussion ensued on Draft Bill 5, concerning a memorial to the United States Congress to enact legislation directing the United States Army Corps of Engineers to dredge a portion of the Arkansas River.  The memorial can be found online here: http://leg.colorado.gov/sites/default/files/images/committees/2017/memorial_b_m19-0144.pdf.



04:18:17 PM
Motion Recommend Draft Bill 5 to Legislative Council.
Moved Crowder
Seconded Coram
Catlin Yes
Coram Yes
Crowder Yes
Donovan No
Esgar Yes
Jones No
Roberts Yes
Saine No
Sonnenberg Yes
Arndt Yes
YES: 7   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS
04:18:18 PM  

Committee discussion ensued regarding Draft Bill 7, concerning the authorization of deficit irrigation pilot projects approved by the Colorado Water Conservation Board.  The bill can be found online here: http://leg.colorado.gov/sites/default/files/images/committees/2017/bill_7_19-0139.pdf.



04:23:24 PM
Motion Recommend Draft Bill 7 to Legislative Council.
Moved Arndt
Seconded Donovan
Catlin No
Coram No
Crowder Yes
Donovan Yes
Esgar Yes
Jones Yes
Roberts Yes
Saine No
Sonnenberg Excused
Arndt Yes
YES: 6   NO: 3   EXC: 1   ABS:  0   FINAL ACTION:  FAIL
04:25:02 PM  

Committee discussion ensued regarding Draft Bill 9, concerning the state's sovereign immunity in an action for injuries resulting from a prescribed fire operated by the state.  The bill can be found online here: http://leg.colorado.gov/sites/default/files/images/committees/2017/bill_9_19-0137.pdf.

04:32:10 PM  

Carolyn Aspelin, Colorado State Forest Service, responded to questions, and committee discussion ensued.



04:37:33 PM
Motion Recommend Draft Bill 9 to Legislative Council.
Moved Coram
Seconded Arndt
Catlin No
Coram Yes
Crowder No
Donovan No
Esgar No
Jones No
Roberts No
Saine No
Sonnenberg No
Arndt Yes
YES: 2   NO: 8   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


04:40:05 PM   Committee Adjourned






The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details