I_WRRC_2017A 10/05/2017 09:02:34 AM Committee Summary

09:03 AM -- Shepherding Water in Colorado



Anne Castle, Getches-Wilkinson Center for Natural Resources, Energy, and the Environment, University of Colorado, introduced herself to the committee and provided the committee with her background. She discussed the hydrology of the Colorado River and the effects of further drought years and low levels in Lake Powell can have on the Colorado River. Ms. Castle discussed the impacts in Colorado of a call on the Colorado River. She discussed a conservation pilot project and discussed concerns that water that has been conserved for future use would not fulfil its intended use if there were to be a call on the Colorado River. Ms. Castle responded to questions from the committee.







09:33 AM -- Hidden Value of Landscapes Study



John McMahon, Executive Director, Associated Landscape Contractors of Colorado, introduced himself to the committee and provided a brief background of his organization. Mr. MacMahon distribute a copy of the study completed by Colorado State University in conjunction with the Associate Landscape Contractors of Colorado, "The Hidden Value of Landscapes: Implications for Drought Planning" (Attachment A).



Attachment A.pdf



09:36 AM



Zach Johnson, Associate Professor, Colorado State University, introduced himself to the committee and discussed the recent study completed by the University, "The Hidden Value of Landscapes: Implications for Drought Planning." Mr. Johnson explained that the study was based off a white paper prepared by the state of California and stated that 3 percent of Colorado's water is used on landscaping. Mr. Johnson discussed the importance of conservation in the state and recent conservation efforts in the state, such as tiered water pricing, new technologies, and planting native plants in landscaping. He discussed carbon sequestration and how a large tree canopy can help to restrict carbon from entering the atmosphere.



09:43 AM



Alison O'Connor, Extension Agent, Colorado State University Extension, introduced herself to the committee and discussed the importance of wildlife in landscapes. She discussed the recent trends in golf courses becoming Audubon landscapes and wildlife refuges in some cases. She discussed the importance of landscaping to property value and general quality of life.



09:53 AM



Mr. Johnson continued the discussion on the study and explained why planning for drought in developing landscapes is important. He discussed recommendations for elected officials, water providers, and landscape managers in order to plan for drought more efficiently. These recommendations include: putting clear drought policies and plans in place before a drought occurs; basing drought policies on science and research-based horticultural best management practices (BPMs); prioritizing the watering of trees and large shrubs and the watering of sports and recreational fields; providing financial incentives for water consumers to implement water-saving technology prior to droughts; and establishing budgets to repair watering infrastructure.



09:57 AM



Ms. O'Connor discussed the importance of education for the conservation of water and in preparing for drought.



09:58 AM



Mr. McMahon responded to questions from the committee regarding the availability of landscape designers. Mr. Johnson responded to questions from the committee regarding ways in which water consumers can conserve water while still using vegetation and grass. Ms. O'Connor responded to questions from the committee.







10:08 AM -- Update from Forest Health Advisory Council



Travis Smith, Forest Health Advisory Council (FHAC), and Mike Lester, State Forester, Colorado State Forest Service, introduced themselves to the committee and distributed the FHAC's recommendations to the Colorado Water Plan (Attachment B). Mr. Lester discussed major challenges in forest health, such as prescribed fire having inherent risks and a lack of financial resources. Mr. Smith discussed the FHAC's support for governmental immunity for state and local agencies to facilitate the use of prescribed fires to conduct prescribed burns on state and private lands. Mr. Smith explained that the increase of the use of prescribed fire is a recommendation to the water plan in order to address the health of the forests and watersheds.



Attachment B.pdf



10:13 AM



Mr. Lester discussed the lack of financial resources available to treat Colorado's forests at a pace and scale that will effectively manage and mitigate the negative effects of high-severity wildfire. Mr. Smith discussed the importance of incentivizing and funding forest management activities at the local watershed level. He also recommended that there be an expansion of funds in the 2018 CWCB Projects Bill for forest health projects and creating a stand-alone category for forest health projects in CWCB project grants. Mr. Lester discussed the challenges found in the timber industry that affect forest health. He discussed the lack of a consistent approach to fuel mitigation and forest harvesting. Mr. Smith discussed ways to expand the timber industry to address these challenges.



10:22 AM



Mr. Lester discussed the challenges the forest industry faces with respect to water quality and proactive forest management. Mr. Smith and Mr. Lester responded to questions from the committee.



10:34 AM



Mr. Lester summarized the opportunities that the FHAC has found in improving forest and watershed health. Mr. Smith and Mr. Lester answered further questions from the committee and committee discussion ensued.



10:41 AM -- Water Infrastrucuture and Supply Efficiency (WISE) Project



Lisa Darling, Executive Director, South Metro Water Supply Authority (SMWSA), introduced herself to the committee and distributed a copy of her presentation (Attachment C). She gave a brief background of SMWSA and the SMWSA master plan update. Ms. Darling explained that in the updated plan, the authority has shifted its focus to renewable supply and conservation and efficiency. Ms. Darling discussed the Water Infrastructure and Supply Efficiency (WISE) Project and gave a brief background of the project. WISE utilizes water supplies from Denver Water and Aurora Water combined with the Prairie Waters Project (PWP) infrastructure provided by Aurora Water to provide water delivery to Denver, Aurora, and SMWA. She discussed the benefits of WISE, including an offset of costs for Aurora Water's PWP, a renewable supply for SMWSA, and the drought and emergency supplies for Denver Water.



Attachment C.pdf









10:53 AM



Rick Marsicek, Director of Engineering, SMWSA, introduced himself to the committee. Mr. Marsicek discussed the timeline of the WISE project and stated that the first deliveries for WISE customers began in June of 2017, and the remaining customers will begin receiving WISE water in 2018. He also discussed the agreements between water providers and the infrastructure of the project. Mr. Marsicek discussed the management of the project and summarized the WISE construction costs. He explained that 4 WISE members received a total of $35 million in State Revolving Fund Loans to help pay for the pipeline purchase and infrastructure.



11:05 AM



Ms. Darling discussed the future of the WISE project and how SMWSA plans to handle water challenges in the future. Ms. Darling responded to questions from the committee.



11:08 AM -- House Bill 17-1289 Concerning Historical Consumptive Use



Marilen Reimer, Executive Director, American Council of Engineering Companies of Colorado, introduced herself to the committee and provided a background of the council. House Bill 17-1289 requires that the committee study the issue of whether the State Engineer in the Department of Natural Resources should be given statutory authority to adopt rules concerning: a methodology for determining factors and using other assumptions for calculating the historical consumptive use of a water right; and guidance for the components of an historical consumptive use analysis for a change of water right, using geographically specific considerations.



11:11 AM



Janet Williams, Leonard Rice Engineers, Inc., introduced herself to the committee and distributed her presentation (Attachment D) and an outline of her presentation (Attachment E). She provided an overview of historical consumptive use (HCU) analyses, which includes an estimate of the amount, location, and timing of water historically consumed by a crop; diversion records and their impact on the stream; the efficiency of the water system and the operation; the number of acres irrigated; the type of crops grown; water balance; and return flow analysis. These factors are combined into an estimated monthly stream depletion pattern, which is used as a basis for terms and conditions of future use of the water right. Once the site-specific variables are determined, the computation of HCU is determined using tools that are publically available. Ms. Williams discussed her concern that rule-making for an individual ditch system would have the same scope and controversy as any other water right change of use for such a system. She also explained that many water users would have to participate in this process at a significant cost in order to protect their own water rights.



Attachment D.pdf Attachment E.pdf







11:23 AM



Daniel Niemela, BBA, representing Centennial Water and Sanitation District, introduced himself to the committee and distributed a memorandum regarding his presentation to the committee (Attachment F). His presentation can be found in Attachment D. He provided a background of the HI-Model, which is the foundation for the lease fallow tool developed for the Lower Arkansas River Basin (LARB). Mr. Niemela discussed how the lease fallow tool is limited outside of the Lower Arkansas River Basin. Specifically, he discussed the conservative nature of the tool in the LARB and the variability of the water use in other river basins. He emphasized that the lease fallow tool is a unique tool for the LARB, and developing a similar tool in other basins would be costly and time consuming.



Attachment F.pdf



11:32 AM



Joe Frank, Director, Lower South Platte Conservation District, introduced himself to the committee and discussed the recent rule-making process in the South Platte Basin and the difficulty of developing a lease fallow tool for the South Platte Basin. He discussed successful alternate transfer methods in the South Platte. He stated that there are no water users in the South Platte who are requesting that a lease fallow tool be implemented in the basin, and he emphasized that storage in the South Platte is essential.



11:36 AM



Mr. Niemela responded to questions from the committee concerning the HI-Model and the lease fallow tool as it is used in the LARB. Ms. Williams responded to questions regarding the engineering data used in change of use cases, specifically in water court. Mr. Frank also responded to questions from the committee concerning conservative HCU analyses used in change of use cases and the incentives of alternative transfer methods.



11:49 AM



Ms. Williams and Mr. Frank discussed the viability of using a lease fallow tool in other water divisions in determining HCU in response to questions from the committee. Mr. Frank responded to further questions regarding the South Platte River Basin and how baseline engineering data would impact water uses in the basin. Mr. Niemela responded to questions regarding the lease fallow tool in other basins and stated that the tool is publically available and the legislature should wait to see if that tool is used more regularly. He discussed how a rule-making process through the State Engineer would complicate HCU analyses for water users. Committee discussion ensued.



12:18 PM



The committee recessed.



01:31 PM -- Follow-Up on High Groundwater Issues



The committee came back to order.



01:34 PM



Jim Yahn and Joe Frank, Water Rights Association of the South Platte (WRASP), introduced themselves to the committee and provided a historical background of the South Platte River Basin. He discussed the membership of WRASP and stated that the South Platte is responsible for 250,000 irrigated acres. Mr. Frank discussed the South Platte River Compact, signed by Colorado and Nebraska in 1923, and major transbasin water supply projects on the South Platte River, such as the Colorado Big Thompson project.



01:49 PM



Mr. Yahn discussed the development of augmentation plans on the South Platte River and the administration of conjunctive use on the South Platte River. He discussed the administration of the South Platte River and emphasized the importance of the return flows from irrigation ditches on the river. He described how the pumping from a well can diminish return flows, and therefore downstream water rights. Mr. Frank discussed the impact of diversions on return flows and how much water is diverted of the South Platte River annually. Mr. Yahn and Mr. Frank responded to questions from the committee.



02:07 PM -- Background on Seaplanes and Colorado State Parks



Doug Vilsack, Legislative Liaison, Department of Natural Resources, introduced himself to the committee and gave a background of seaplane usage in the state. Currently, there is not a seaplane ban in Colorado waters, only limitations on seaplane use on water bodies managed by Colorado Parks and Wildlife (CPW). Mr. Vilsack discussed concerns from CPW regarding the use of seaplanes on CPW reservoirs, including the high usage on the reservoirs and environmental factors. Mr. Vilsack discussed the Colorado State Parks budget shortfall and how the use of seaplanes would potentially affect the CPW budget. Mr. Vilsack responded to questions from the committee regarding the use of seaplanes and the increase of visitation at state parks. Mr. Vilsack discussed the CPW revenue cap, as it applies to the increased visitation.



02:28 PM -- Seaplanes and Aquatic Nuisance Species



Kelly Sloan, Colorado Seaplane Pilots Association, introduced himself to the committee and distributed materials regarding seaplanes and aquatic nuisance species (Attachment G).



Attachment G.pdf



02:32 PM



Ray Hawkins, Field Director, Colorado Seaplane Pilots Association, introduced himself to the committee and discussed the reasons why seaplanes should be allowed to land on state park lakes and reservoirs. Mr. Hawkins discussed precautions that pilots, including seaplane pilots, take in order to ensure safety of themselves and others.



02:36 PM



Steve McCaughey, Seaplane Pilots Association, introduced himself to the committee and explained that he represents the seaplane community and advocates for the safe and responsible operation of seaplanes.



02:43 PM



Mr. McCaughey responded to questions from the committee regarding the limited access to state reservoirs and the possibility of further legal action in regards to seaplanes. Mr. McCaughey discussed frustrations of the seaplane community and responded to questions from the committee regarding aquatic nuisance species in Florida, which has no restrictions on seaplanes. Mr. Hawkins further discussed frustrations from the seaplane pilot community.



02:58 PM



Mr. Hawkins responded to questions from the committee. Committee discussion ensued with the panel. Mr. McCaughey provided a video regarding seaplanes to the committee. Mr. McCaughey responded to questions regarding the economic impact of allowing seaplanes on reservoirs and lakes. Mr. McCaughey responded to questions regarding the elevation at which seaplanes can safely to land. Committee discussion ensued with the panel.





03:25 PM -- Public Testimony





03:26 PM -- John Mellema, representing himself, provided testimony in support of allowing seaplanes to land in Colorado State Parks waters.



03:30 PM -- Final Recommendations on the Colorado Water Plan



Senator Sonnenberg stated that, with the assistance from staff, he would draft a letter with official recommendations for the Colorado Water Plan to submit to the Colorado Water Conservation Board. He stated that committee members can submit their comments to him and to staff by October 19, 2017, for inclusion in the letter. The committee will ratify the letter at the October 31, 2017, meeting.



03:32 PM -- Discussion on Final Committee Legislation



Senator Sonnenberg opened discussion on amendments drafted on Draft Bill 4b and Draft Bill 8. Staff distributed Amendment Number 1 to Draft Bill 4b (Attachment H), and an unofficial preamended version of the bill (Attachment I). The committee also discussed Amendment Number 1 to Draft Bill 8 (Attachment J). Thomas Morris, Office of Legislative Legal Services, explained the draft amendment. Committee discussion ensued.



Attachment H.pdf Attachment I.pdf Attachment J.pdf



03:39 PM



Senator Sonnenberg moved to adopt Amendment 1 to Draft Bill 4b.

03:41 PM



The committee will vote on Draft Bill 4b, as amended, at the October 31, 2017 meeting.



03:42 PM



The committee adjourned.