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I_WRRC_2021A 09/14/2021 12:06:00 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
INTERIM COMMITTEE  WATER RESOURCES REVIEW COMMITTEE
Date 09/14/2021
Attendance
Bridges E
Catlin E
Coram X
Jaquez Lewis X
McCormick X
McKean E
Roberts X
Sonnenberg X
McLachlan X
Donovan X
Time 12:06:00 PM to 04:57:41 PM
Place SCR 357
This Meeting was called to order by Donovan
This Report was prepared by Alexa Kelly
Hearing Items Action Taken
Recreational In-Channel Diversion Committee Discussion Only
Water Efficiency in Agriculture Committee Discussion Only
Compact Compliance and Groundwater Committee Discussion Only
Public Testimony Committee Discussion Only
Committee Discussion: Request for Bill Drafts Committee Discussion Only

12:06:01 PM

Chair Donovan called the meeting to order. All presentation materials for this meeting can be found here: http://leg.colorado.gov/content/iwrrc2021acommdocs



Recreational In-Channel Diversion - Committee Discussion Only


12:06:19 PM  

Greg Johnson, Colorado Water Conservation Board (CWCB), introduced and discussed recreational in-channel diversion (RICDs). He described what RICDs are, how Colorado governs them, and the process that CWCB administers regarding RICD applications. He spoke about the Water Court process for evaluating a RICD application and what Water Court considers with the application.

12:11:29 PM  

Mr. Johnson answered questions about water rights and where the water is coming from for RICDs. He spoke about how RICDs are a junior water right and how applications are reviewed to ensure non-injury to existing water rights. He continued to answer questions about establishing the beneficial use requirement for existing RICDs and any RICD applications.

12:16:42 PM  

Mr. Johnson answered a question about junior water right application filings and the appropriation of existing water rights. He elaborated on the criteria that CWCB must take into consideration with any RICD application.

12:20:00 PM  

Erik Skeie, CWCB, answered a question about the RICD application process and the timeline associated with the application process.  He spoke about the findings that CWCB is charged with presenting during a public meeting and its eventual submission of the findings to Water Court.

12:24:14 PM  

Mr. Skeie answered a question about how they work with the Office of the Attorney General.

12:26:22 PM  
Josh Kuhn, Conservation
Colorado, introduced the presentation.  

12:27:25 PM  

Mike Harvey, American Whitewater, spoke about the current river recreation resources and how existing RICDs operate by building structures that create the recreational whitewater. He discussed the economic benefit that RICDs have in their communities. He pointed the committee to a map in the presentation showing where the current RICDs are located. He spoke about the accessibility of river recreation and the evolution of outdoor recreation.

12:37:59 PM  

Mr. Kuhn discussed the economics of river related recreation in Colorado. He answered a question about river related versus water related recreation and what river recreation specifically entails.

12:41:12 PM  
John Cyran, Western
Resource Advocates, answered a question about how the benefits of river
recreation to a community are calculated.  
12:44:28 PM  

Mr. Kuhn continued to discuss how river flow affects the industry and expenditures in Colorado.

12:47:45 PM  
Mr. Cyran spoke about
the communities they work with in the hopes that they can benefit from
river recreation.  He discussed the challenges that communities are
facing.  
12:49:50 PM  
Mr. Cyran talked
about the different solutions that they are suggesting and how they are
continuing to work with stakeholders to formulate any potential legislation.
12:56:03 PM  
Mr. Cyran answered
a question about consumptive use and water distribution with RICDs.
01:05:07 PM  

Ryan Stitt, Denver Water, spoke about Denver Water's stakeholder role in creating the most recent RICD statute changes in 2006. He discussed the proposed changes to RICD statutes and Denver Water's stance on those changes. He discussed the need for efficient use of water across the state, including in RICDs.

01:11:23 PM  

Mr. Stitt answered a question about changing the amount of water used and the current use of the necessary control structures that RICDs use.

01:13:49 PM  

Mr. Stitt spoke about the entities that can and cannot institute and apply for a RICD water right.

01:16:10 PM  

Zane Kessler, Colorado River District, spoke about the district's support of RICDs and the expansion of them. He spoke about what the current statutes entail and how the Colorado River District supports the local communities they serve by reducing the financial burden of building and maintaining RICDs.

01:23:13 PM  

Mr. Kessler answered a question about the Colorado River District's role in financially assisting communities with RICDs.



The committee recessed.



Water Efficiency in Agriculture - Committee Discussion Only


01:26:13 PM  
The committee reconvened.




Marc Arnusch, Colorado Farm Bureau, introduced his presentation and spoke
about his production farm.  He discussed the need for water and the
problems that agriculture is facing.  
01:43:02 PM  

Garin Vorthmann, Colorado Farm Bureau, discussed agriculture's position as a price-taker in the market.

01:43:23 PM  

Mr. Arnusch continued to discuss the scarcity of water in agriculture, including challenges with aquifer levels and changing river dynamics.  He spoke about his farm's irrigation technology and efforts to make it more efficient.

01:44:56 PM  

Mr. Arnusch spoke about how he is working to make his farm more sustainable and profitable.

01:48:52 PM  

Mr. Arnusch spoke about the competition for water in his community.  He spoke about the future opportunities and threats to water in agriculture, including water efficiency, sustainability, and surface water management.

01:58:53 PM  

Mr. Arnusch answered questions about farm labor shortages and how his steps towards efficiency has affected his labor needs.  He talked about the costs of the efficiencies he has put in place.  

02:01:14 PM  

Ms. Vorthmann spoke about what the General Assembly and the Department of Agriculture can do to help the industry.

02:11:15 PM  

Mr. Arnusch answered a question about how Colorado can create more farmers to take over existing farms and establish new farms.

02:13:09 PM  

Ms. Vorthmann discussed how a greenhouse farmer uses his water on a farm on the Western Slope.  She spoke about the opportunities of greenhouse farming and the water management that comes with greenhouse growing.  She answered a question about the scale of what greenhouse growing can be.

02:22:29 PM  

Mr. Arnusch answered a question about promoting efficiency and the potential for a water right allocation change.



Compact Compliance and Groundwater - Committee Discussion Only


02:29:11 PM  
David Robbins, Rio
Grande Water Conservation District (RGWCD) and Republican River Water Conservation
District (RRWCD), introduced the presentation.  He spoke about groundwater
use and the lawsuits that have ensued between states over groundwater rights.
 
02:35:51 PM  

Mr. Robbins discussed the actions that farmers have taken to solve water scarcity problems and requested additional financial resources to meet the compliance requirements to other states.

02:38:05 PM  

Aaron Sprague, RRWCD, pointed the committee to the presentation showing a map of the RRWCD.  He spoke about the fees the district charges and costs associated with running the district.  He answered a question about well usage and the retirement of wells within the district.  

02:43:49 PM  

Mr. Sprague discussed the Republican River Compact and the problems with complying with the compact.  He answered question about taxing water supplies, working with federal partners on retiring wells, and chaning land use.    

02:52:44 PM  

Mr. Sprague answered a question about how the district retires a well.

02:57:14 PM  

Marisa Fricke, RGWCD, directed the committee to the presentation and pointed to a map of the district. She discussed the overappropriation and the water deficit that farms are facing. She spoke about the efforts that the district has made to be more sustainable.

03:04:44 PM  

Ms. Fricke answered a question about how much money is needed to meet the goal's of the district.

03:06:55 PM  

Mr. Robbins told the committee about how much money both districts need to meet the goals of the compacts.

03:07:36 PM  

The panel answered questions about how the retirement of wells impacts compact compliance and what would happen if compliance goals are not met.

03:17:48 PM  

Mr. Robbins spoke about the rules and regulations put in place by the State Engineer that govern the two districts.

03:20:52 PM  

Ms. Fricke answered a question about what happens after wells are retired and if there is potential to get to a point where wells do not have to be retired anymore. She spoke about the balance needed between groundwater and surface water.

03:27:18 PM  

The panelists answered questions about the different prices for water and the varying levels of efficiency across the river districts.

03:32:50 PM  

Andy Mueller, Colorado River Water Conservation District, discussed the interstate compact compliance issues on the Colorado River associated with its surface water supply.  He spoke about the geographical impact of the Colorado River across the state.    

03:44:58 PM  

Mr. Mueller answered questions about demand management on the Colorado River. He discussed the different demand management ideas that the district has discussed.

03:57:09 PM  

Mr. Mueller continued to answer questions about compact compliance and how Colorado works with other states in the compact.

04:09:24 PM  

Mr. Mueller talked about a federal infrastructure bill and the provisions of the bill that affect water in the West.

04:18:59 PM  
Kevin Rein, State
Engineer, introduced the presentation and spoke about the need for curtailment
to meet delivery obligations of the interstate compacts and the challenges
associated with curtailment in river basins.
04:23:44 PM  

Mr. Rein discussed compact administration and measurement rules and what they may look like in the future.



Public Testimony - Committee Discussion Only


04:31:00 PM  

There was no public testimony.

The committee took a brief recess.



Committee Discussion: Request for Bill Drafts - Committee Discussion Only


04:36:29 PM  

The committee reconvened.

04:36:56 PM  

Jennifer Berman, Office of Legislative Legal Services, spoke to the committee about the deadlines associated with bill drafts.



04:42:07 PM
Motion Draft legislation concerning the creation of the Groundwater Compact Compliance Sustainability Fund.
Moved Coram
Seconded
Bridges Excused
Catlin
Coram
Jaquez Lewis
McCormick
McKean
Roberts
Sonnenberg
McLachlan
Donovan
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:43:16 PM
Motion Draft legislation concerning using existing law to address anti-speculation.
Moved Coram
Seconded
Bridges Excused
Catlin
Coram
Jaquez Lewis
McCormick
McKean
Roberts
Sonnenberg
McLachlan
Donovan
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:43:54 PM
Motion Draft legislation concerning transparency in Water Court in groundwater change of use.
Moved Coram
Seconded
Bridges Excused
Catlin
Coram
Jaquez Lewis
McCormick
McKean
Roberts
Sonnenberg
McLachlan
Donovan
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:44:48 PM
Motion Draft legislation concerning the protection of water rights for efficiency practices.
Moved Roberts
Seconded
Bridges Excused
Catlin
Coram
Jaquez Lewis
McCormick
McKean
Roberts
Sonnenberg
McLachlan
Donovan
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:47:19 PM
Motion Draft legislation concerning the curriculum around farming education in K-12.
Moved McLachlan
Seconded
Bridges Excused
Catlin
Coram
Jaquez Lewis
McCormick
McKean
Roberts
Sonnenberg
McLachlan
Donovan
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:47:52 PM
Motion Draft legislation concerning the expansion of Water Resources Review Committee to include agriculture as a topic of study.
Moved Donovan
Seconded
Bridges Excused
Catlin Excused
Coram
Jaquez Lewis
McCormick
McKean Excused
Roberts
Sonnenberg
McLachlan
Donovan
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection


04:48:39 PM
Motion Draft legislation concerning the development of a definition in the State Engineer's Office of Headwaters.
Moved Donovan
Seconded
Bridges Excused
Catlin
Coram
Jaquez Lewis
McCormick
McKean
Roberts
Sonnenberg
McLachlan
Donovan
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:49:36 PM
Motion Draft legislation concerning investment water speculation related to the profits that are derived from a water sale.
Moved Donovan
Seconded
Bridges Excused
Catlin
Coram
Jaquez Lewis
McCormick
McKean
Roberts
Sonnenberg
McLachlan
Donovan
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


04:50:17 PM
Motion Draft legislation concerning tying water rights closer to the land.
Moved Donovan
Seconded
Bridges Excused
Catlin
Coram
Jaquez Lewis
McCormick
McKean
Roberts
Sonnenberg
McLachlan
Donovan
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
04:52:29 PM  
Chair Donovan asked
the committee to draft a letter to the Task Force on Economic Relief and
Recovery Fund about investing funds in water infrastructure.


04:57:41 PM   The committee adjourned.






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