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I_WRARC_2022A 08/04/2022 11:05:40 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
INTERIM COMMITTEE  WATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE
Date 08/04/2022
Attendance
Bridges *
Catlin X
Jaquez Lewis *
McKean X
McLachlan X
Roberts X
Simpson X
Sonnenberg X
Donovan E
McCormick X
Time 11:05:40 AM to 04:59:55 PM
Place Old State Library
This Meeting was called to order by McCormick
This Report was prepared by Alexa Kelly
Hearing Items Action Taken
Biosolids and Per-and polyfluoroalkyl Substances (PFAS) Committee Discussion Only
Aging Infrastructure and Economic Resiliency in Agriculture Committee Discussion Only
Impacts of Transbasin Diversions and the Colorado-Big Thompson Project Committee Discussion Only
Non-tributary Water Resources Committee Discussion Only
Public Comment Committee Discussion Only
Requests for Draft Committee Legislation Committee Discussion Only

11:05:45 AM

The chair called the meeting to order and went over agenda items.  All presentations for this meeting can be found here: https://leg.colorado.gov/content/iwrarc2022ascheduleandmeetingmaterials.



Biosolids and Per-and polyfluoroalkyl Substances (PFAS) - Committee Discussion Only


11:06:38 AM  

Julie Tinetti, Centennial Water and Sanitation District, introduced the presentation.

11:15:28 AM  
Barbara Biggs, Roxborough Water and Sanitation District, spoke about biosolids and per-and polyfluoroalkyl (PFAS) substances in water and materials.
11:16:09 AM  

Gabe Racz, Vranesh and Raisch, discussed the current regulation of PFAS and what Colorado is doing to eliminate PFAS at the source.

11:18:20 AM  
Committee members asked questions about the removal of PFAS. Ms. Biggs discussed the different technologies that exist to remove PFAS from water. She noted that there are not existing technologies that remove PFAS from biosolids.
11:26:48 AM  

Ms. Tinetti and Ms. Biggs answered questions about taking PFAS out of materials.

11:32:47 AM  

The committee asked questions about the health effects caused by exposure to PFAS. Ms. Biggs discussed the potential health impacts.

11:34:36 AM  
Committee members
asked questions about whether PFAS has been found in dairy or cattle waste.
 Panelists were unsure of whether or not this is the case.
11:37:34 AM  

Trisha Oeth, Colorado Department of Public Health and Environment (CDPHE), introduced the presentation. She discussed the recent Environmental Protection Agency (EPA) updated health advisories for PFAS. She told the committee that the EPA plans to establish a national rule in late 2022.

11:48:32 AM  
Ron Falco, Safe
Drinking Water Program Manager, CDPHE,

answered a question about measuring and identifying PFAS in private wells.
 
11:50:09 AM  
Ms. Oeth answered
questions about the firefighting foam and the newer chemicals found in
it.  
11:52:52 AM  
The committee asked
a question about the new EPA health advisory and the letters that water
providers have to send telling users that they may have PFAS in their water.
11:54:13 AM  
The committee and panelists continued to
discuss the EPA actions and the effects of PFAS.



Aging Infrastructure and Economic Resiliency in Agriculture - Committee Discussion Only


12:04:11 PM  
Lauren Ris, Colorado Water Conservation
Board (CWCB), introduced the presentation. She spoke about the lack of
a funding stream to the basin roundtables for water projects, which has
made planning difficult. She discussed the changes that were made in the
past with Senate Bill 09-106 and Senate Bill 21-218, which created a Severance
Tax Trust Fund allocation. She told the committee about the need for a
statewide matching fund for aging infrastructure and drought resilience.
12:09:59 PM  

Ms. Ris discussed past funding and how money would become available. She answered a question about what types of projects could be funded with additional money.

12:12:47 PM  

Ms. Ris spoke about the different Water Plan grant projects and the next steps they are taking.

12:14:15 PM  

Kathleen Curry, Gunnison Basin Roundtable, discussed the Water Supply Reserve Fund. She told the committee about how it was created and why.

12:16:18 PM  

Ms. Curry spoke about the current needs to help with aging infrastructure.

12:20:16 PM  

Les Owen, Colorado Department of Agriculture (CDA), introduced his presentation. He spoke about irrigation needs and water delivery infrastructure needs.

12:21:51 PM  
Mr. Owen spoke about the current programs in CDA and the need for technical assistance across the state.
12:23:00 PM  
The panelists responded
to questions about the funding and the project needs in terms of workforce
and material availability.  Ms. Curry spoke about the permitting process
and the challenges of not having the capacity to build the projects that
could be funded.
12:28:57 PM  

Ms. Ris answered a question about water storage.

12:31:55 PM  

Committee members asked questions about how the basin roundtables distributes money and how the money is used.

12:42:16 PM  

Ms. Ris answered questions about water rights and how the grants are distributed.

12:42:48 PM  

Ms. Curry spoke about the grant criteria and the constraints that currently exist in state statute.

12:45:34 PM  
The committee made comments about the limits on severance tax funding and asked about planning for future funding streams. Ms. Ris talked about other potential sources of funding.
12:47:54 PM  

The committee took a break for lunch.

01:17:31 PM  

The committee reconvenved.



Impacts of Transbasin Diversions and the Colorado-Big Thompson Project - Committee Discussion Only


01:22:11 PM  

Jeff Rieker, Eastern Colorado Area Manager, Bureau of Reclamation, introduced the topic and discussed the workings of the Colorado-Big Thompson (C-BT) Project.

01:22:51 PM  

Michael Cassio, President, Three Lakes Watershed Association, introduced his presentation.

01:26:03 PM  

Mr. Cassio showed the committee a photo of Grand Lake and spoke about the characteristics of the lake and the design of the current water pumping system.

01:27:38 PM  
Mr. Cassio spoke about the environmental
impacts of the C-BT project and the desire to conduct a study that would
create a report of the environmental impacts.
01:34:44 PM  

Mr. Cassio spoke about the impacts of the current system and what a potential study should look at. He spoke about the impacts of population growth on the system and the old pumping technology that the system currently uses.

01:40:01 PM  
Committee members asked questions about what the study would entail.
01:40:33 PM  

Mr. Cassio spoke about how water rights provide a challenge.

01:47:43 PM  
Jeff Metzger, Director, Three Lakes Watershed
Association, discussed how the agencies can work together to study the
system and raise the knowledge of how it works.
01:50:21 PM  
Steve Kudron, Grand Lake Mayor, discussed how important healthy tourism around the lake is to his town.
01:59:05 PM  

The panelists discussed National Environmental Policy Act (NEPA) process and the need for a clarity standard.

01:59:51 PM  

The committee asked questions about the clarity of the water and what is affecting the clarity of the lake.

02:01:07 PM  

The committee made comments on the importance of the lake and how the communities rely on its resources. Members asked about how the partnerships on the lake have developed and why this is becoming an ask right now with everything going on in the watershed.

02:04:34 PM  

The panelists discussed why it is important to look at how to help the water quality of the lake and others along the entire system.

02:08:28 PM  

Esther Vincent, Director of Environmental Services, Northern Water, introduced her presentation on the impacts of transbasin diversions and the C-BT Project.

02:15:33 PM  

Ms. Vincent spoke about the different areas of concern, including in the Colorado River and the Three Lakes system. She showed the committee a timeline of the C-BT project.

02:19:00 PM  

Ms. Vincent spoke about how the Water Quality Control Commission has watched water quality over the years in Three Lakes system and how the clarity is being managed.

02:22:53 PM  
Ms. Vincent discussed the different Grand Lake clarity efforts, adaptive management process, nutrient reduction projects, Learning By Doing aquatic and river health partnership, water temperature mitigation, riparian vegetation monitoring, and the Colorado connectivity channel.
02:31:25 PM  
Ms. Vincent told
the committee about the water quality impacts of the East Troublesome Fire.
 She showed photos of the poor water quality.  
02:35:01 PM  
Ms. Vincent discussed her concerns about conducting a study on Grand Lake and its water quality.
02:36:11 PM  
Ms. Vincent spoke
about the contractual agreements that Northern Water is a part of that
require them to work on water quality issues.
02:38:17 PM  

Ed Moyer, County Manager, Grand County, spoke about his concerns with a potential study. He echoed Ms. Vincent's comments.

02:40:44 PM  
Mr. Reiker spoke about finding feasible, balanced approaches to addressing water quality in the Three Lakes system. He discussed the concerns related to the feasibility of a study and the ability to analyze the entire array of potential mitigation.
02:43:44 PM  
The panelists responded to questions about how much information exists and what has been done to address the issue.
02:45:50 PM  

Committee members asked questions about the NEPA process that was started. Mr. Reiker spoke about why the process hasn't been carried forward currently.



Non-tributary Water Resources - Committee Discussion Only


02:56:50 PM  
Tracy Kosloff,  Deputy State Engineer,
Colorado Division of Water Resources, gave an overview of tributary versus
non-tributary groundwater.
02:59:32 PM  

Greg Deranleau, Colorado Oil and Gas Conservation Commission (COGCC), introduced his presentation. He spoke about produced water as exploration and production waste, which is managed by COGCC, associated with the production of oil and gas materials.

03:06:20 PM  
Mr. Darenleau spoke
about how water is reused and recycled in oil and gas drilling. He told
the committee about prior efforts to treat and use waste water associated
with oil and gas operations, none of which have been successful thus far.
03:09:50 PM  
Dr. Dave Stewart, Stewart Environmental
Consulting Group, LLC, introduced his presentation about non-tributary
water treatment as a new water resource. He gave an overview of the current
challenges in water supply and water storage costs. He told the committee
where non-tributary water is available. He showed examples of existing
water laws and regulations around produced water in Colorado.
03:19:20 PM  
Dr. Stewart talked
about the potential to use tax incentives or tax credits for the reuse
of non-tributary water through treatment and discharge.  He spoke
about the steps needed to encourage discharge.
03:25:11 PM  
Dr. Stewart told the committee that he is
looking for a bill that would provide a tax credit for investment into
the treatment of non-tributary water and to help address ownership and
liability issues.
03:26:09 PM  

The committee members asked questions about the legislation that currently exists in other states. Dr. Stewart talked about how other states are managing the liability that comes with this type of program.

03:30:51 PM  
Ms. Kosloff answered a question about why the state wouldn't explore this as an option and about the quality of water.
03:32:00 PM  
Dr. Stewart answered a question about how much this water would cost and who could buy the water. He also spoke about what the potential new supply would be with this water.
03:34:56 PM  

The committee asked a question about how the water would be transported. Dr. Stewart told the committee about how the water source can be used to augment existing wells rather than moving the water from place to place.

03:38:07 PM  
The committee asked questions about how a tax credit would work, how the treatment process would work with agriculture, and how the water permitting would work.
03:43:11 PM  

The committee continued to ask questions about the scope of treating the water and how much water could potentially be treated for use.

03:49:48 PM  
Mr. Deranleau talked about the potential for water return over time.
03:54:36 PM  

The committee asked about how much it costs to treat the water and how that cost could be offset by the tax credit.

03:57:15 PM  
Dr. Stewart continued to discuss how the water is treated and how much water would be able to be used.



Public Comment - Committee Discussion Only


04:05:35 PM  
There was no public testimony.
04:05:48 PM  

The committee took a short recess.



Requests for Draft Committee Legislation - Committee Discussion Only


04:17:10 PM  
The committee reconvened.
04:17:11 PM  
Jennifer Berman, Office of Legislative Legal
Services, went over the procedure for requesting bill drafts.
04:18:17 PM  

Josh Abram, Legislative Council Staff, spoke about the fiscal note process.

04:26:00 PM  
Committee members discussed bill draft ideas.


04:32:53 PM
Motion Move to draft bill about HOA landscaping restrictions
Moved Jaquez Lewis
Seconded Bridges
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:34:21 PM
Motion Move to draft a bill on creating a water literacy program in K-12 schools
Moved McLachlan
Seconded Bridges
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:35:21 PM
Motion Move to draft a bill concerning creating incentives for non-tributary water resources
Moved Roberts
Seconded Catlin
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:41:06 PM
Motion Move to draft a bill concerning limiting CDPHE ability to distribute information without supporting data
Moved Sonnenberg
Seconded Catlin
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:43:58 PM
Motion Move to draft a bill concerning allowing a conservancy district to file augmentation plans on behalf of constituents
Moved Simpson
Seconded Bridges
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:45:39 PM
Motion Move to draft a bill concerning the creation of a livestock drought assistance pilot program utilizing controlled environment agriculture
Moved Bridges
Seconded Sonnenberg
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:48:41 PM
Motion Move to draft a bill concerning changing nursery laws be modified to allow for native plant swaps
Moved Jaquez Lewis
Seconded McCormick
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:50:05 PM
Motion Move to draft a bill concerning water rights in relation to conservation easements
Moved Roberts
Seconded Bridges
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:51:23 PM
Motion Move to draft a bill concerning a study about the use of water for outdoor sports industry for storage
Moved McKean
Seconded Roberts
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:53:49 PM
Motion Move to draft a bill concerning creation of standards have to be adopted by EPA Science Advisory Board before CDPHE can implement them
Moved Sonnenberg
Seconded McKean
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:55:59 PM
Motion Move to draft a bill concerning changing the WRARC to a year round committee
Moved Simpson
Seconded McKean
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:57:11 PM
Motion Move to draft a bill concerning requiring the interstate compacts to present to the agriculture committees annually
Moved Bridges
Seconded Jaquez Lewis
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:57:53 PM
Motion Move to draft a bill concerning the equitable compensation for wolf depredation
Moved Roberts
Seconded Catlin
Bridges
Catlin
Jaquez Lewis
McKean
McLachlan
Roberts
Simpson
Sonnenberg
Donovan Excused
McCormick
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:59:55 PM   The committee adjourned.