2013 Colorado legislation: Governor Hickenlooper signs SB13-019 (Promote Water Conservation) #COleg

From email from Governor Hickenlooper’s office:

Saturday, May 18, 2013 — Gov. John Hickenlooper signed 13 bills into law today and yesterday…

SB13-019, Promote Water Conservation, Schwartz / Fischer Concerning the promotion of water conservation measures.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: Governor Hickenlooper signs HB13-1044 (Authorize Graywater Use) #COleg

From email from Governor Hickenlooper’s office:

Gov. John Hickenlooper signed 12 bills into law today and yesterday…

HB13-1044, Authorize Graywater Use, Fischer/Schwartz, Concerning the authorization of the use of graywater.

More HB13-1044 coverage here. More 2013 Colorado legislation coverage here.

2013 Colorado legislation: ‘Each one of these things was epic’ — Senate Majority Leader Morgan Carrol #COleg

Joe Hanel sums up this year’s legislative session in his article running in The Durango Herald. Click through and read the whole thing. Here’s an excerpt:

During the last 120 days, Democrats used their majorities in the House and Senate to push through a progressive agenda that’s been pent up for a decade.

Election Day voter registration. Background checks for guns. Renewable-energy mandates. More health care for the poor. A $100 million tax break for low-wage workers. Civil unions for same-sex couples, and in-state tuition for students in the country illegally. Democrats in many other states can only daydream about the goals that Colorado Democrats achieved during the 2013 legislative session, which ended Wednesday.

For good or ill, Capitol veterans called it the most consequential session in memory.

“Each one of these things was epic,” said Senate Majority Leader Morgan Carroll, D-Aurora. “We were (able) to do public-safety measures with commonsense background checks that Congress couldn’t get done. Any one of these things by themselves would have been historic and epic for a session, and we did one after another after another.”

More 2013 Colorado legislation coverage here.

Upper Ark District board meeting recap: All district reservoirs are full, except DeWeese (89%) — Jord Gertson #COdrought

From The Mountain Mail (Joe Stone):

Recent weather patterns in the Upper Arkansas River Valley precipitated discussion of snowpack and water supplies during the Thursday meeting of the Upper Arkansas Water Conservancy District. District hydrologist Jord Gertson reported that all district reservoirs are full, except for DeWeese Reservoir in Custer County, which is at 89 percent of capacity.

Gertson presented Natural Resources Conservation Service data compiled May 1 that show Upper Arkansas River Basin snowpack at 93 percent of average and 287 percent of 2012 snowpack levels. Gertson said Snowpack Telemetry sites at Fremont Pass and Brumley show the snow water equivalent at 101 percent and 109 percent of median, respectively. The Fremont Pass SNOTEL site also reports precipitation at 106 percent of average for the current water year, which began Oct. 1. Gertson also showed snowpack charts indicating measurements at upper basin SNOTEL sites are “way better than last year,” including sites at Porphyry Creek, Independence Pass and St. Elmo.

District directors also reported good news about the Frying Pan-Arkansas Project, which is expected to import 47,000 acre-feet of water from the Western Slope this year, compared to 14,000 acre-feet in 2012. Diversions of Fry-Ark Project water into the Arkansas Basin average approximately 52,000 acre-feet of water per year. In 2011, the project imported 98,000 acre-feet of Western Slope water, the second highest amount in the project’s 50-year history of operations.

In other business, directors heard a legislative report from consultant Ken Baker. Baker’s report mainly focused on House Bill 1130, which, he said, targets Arkansas Basin water and is expected to be signed by the governor.

Baker said HB 1130 would create a “selective application” of a 130-year-old Colorado water law. The bill would create the potential for 30 years of interruptible-supply agreements that are currently limited to a maximum of 10 years. The state engineer would have authority to approve these agreements, changing the use of the water and bypassing Water Court proceedings that are currently required to change the use of a water right. Baker said the bill mainly benefits Aurora, allowing the city to take Arkansas Basin water without having to pursue a change-of-use case in Water Court.

To gain the votes needed to pass the bill, Baker said a special exclusion was added that exempts Western Slope water.

In other business, Upper Ark directors:

Approved a modification to a Nestlé Waters North America augmentation agreement for 200 acre-feet of Fry-Ark Project water per year for 35 years.

Agreed to stipulate out of Poncha Springs case 09CW138, subject to favorable review of the stipulations by district engineer Ivan Walter.

Approved an agreement with law firm Wilderson, Lock and Hill to provide legal counsel for a flat fee of $2,000 per month.

Received an update on an integrated water agreement with Buena Vista.

Approved a cooperative water agreement with Colorado Parks and Wildlife.

Learned that the gate wheel at O’Haver Lake has been replaced after the old one was damaged by a vehicle.

Received an update on the Trout Creek Ditch exchange case, 08CW106, which is scheduled to go to trial June 11 if the Department of Corrections, division engineer and Colorado Water Conservation Board do not agree to proposed stipulations.

From The Mountain Mail (Joe Stone):

Upper Arkansas Water Conservancy District directors heard a report about the potential for underground water storage in Chaffee County during their Thursday meeting. Tammy Ivahnenko and Ken Watts with the U.S. Geological Survey said areas identified for further study include aquifers near Salida, Nathrop, Johnson Village, Buena Vista and north of Buena Vista.

Watts said the locations were identified based on slope (less than 3 percent), soil texture at a depth of 5 feet (loam, sandy loam or gravel preferred) and surface geology (alluvial or gravel deposits).

Another important factor, Watts said, is the “stream-accretion response time factor,” which provides an indication of how long water will stay in an aquifer before draining into a stream.

Ivahnenko described “water budgets” she developed for Cottonwood, Chalk and Browns creeks and the South Arkansas River.
The water budgets include irrigated acres, consumptive use by crops and amount of water diverted for irrigation, and help determine how much water may be available for storage at a given time.

Watts said he conducted “slug tests” at 29 wells to determine hydraulic properties in the aquifers, including conductivity and permeability. He also reported on findings from Colorado State University monitoring wells. Hourly readings from the monitoring wells documented seasonal changes in water level and temperature, showing seasonal changes in groundwater levels and surface-water infiltration.

Some wells showed significant influence from surface irrigation while others indicated a more stable, natural water level.
Upper Arkansas Water Conservancy District officials are developing plans to increase water storage capacity in the Upper Arkansas River basin. An important component of those plans is underground storage in alluvial aquifers, which would eliminate evaporative water losses and provide augmentation water through natural recharge to surface waters.

Conservancy district officials said they will rely on USGS findings to help determine possible locations for underground water storage projects.

More Upper Arkansas Water Conservancy District coverage here.

Arkansas Basin Roundtable recap: State water plan development front and center at Wednesday’s meeting

From The Pueblo Chieftain (Chris Woodka):

Colorado is moving quickly to develop a state water plan by late 2015, culminating more than a decade of work. “I think it’s exciting for Colorado, when you look at all the work that’s been done,” said Alan Hamel, who represents the Arkansas River basin on the Colorado Water Conservation Board. He made his comments during a report to the Arkansas Basin Roundtable Wednesday.

The CWCB is going through changes, with executive director Jennifer Gimbel leaving in June and an ongoing search for a new chief.

Gov. John Hickenlooper has asked the CWCB and the Interbasin Compact Committee to speed up efforts to develop a plan for future water supply that meets the need for more urban growth while preserving water for the environment and agriculture.

“During my reign of terror as state engineer, at least one legislator every year would stand up and say, ‘We have to have a state water plan,’ ” said Jeris Danielson, who represents the basin on the IBCC. “We might actually get something done.”

Both Danielson and Hamel cautioned the roundtable that the state’s prior appropriation system, administered through water courts, needs to be preserved. But it can be tweaked to allow certain types of flexibility to share water for more than one purpose.

One example of that is House Bill 1248, which breezed through both legislative houses this year after it was altered to have a statewide focus. The bill allows rotational fallowing demonstration projects that would allow farmers to lease water to cities with the oversight of the CWCB. Originally, the bill just included the Arkansas River basin, which has received several CWCB grants designed to gauge the impact of water transfers related to the Arkansas Valley Super Ditch.

“We are ahead of the other roundtables in terms of planning,” Hamel said.

More IBCC — basin roundtables coverage here and here.

2013 Colorado legislation: HB13-1130 (Reapprove Interruptible Water Supply Agreements) is on its way to Governor Hickenlooper #COleg

From The Pueblo Chieftain (Chris Woodka):

Aurora prevailed in the final days of the state Legislature after a conference committee largely unraveled a Senate committee’s changes to a water transfer bill. A bill that would give the state engineer up to 30 years authority over water transfers was approved by the House Wednesday on the last day of the Colorado legislative session. The Senate approved the bill Tuesday. It now goes to Gov. John Hickenlooper for his signature.

“In general, it’s not too far from where we started,” said Gerry Knapp, who oversees Arkansas Valley and Colorado River operations for Aurora. House Bill 1130, backed by Aurora, was heavily amended in the Senate agriculture committee in April, but most of those changes were undone in conference committee Monday.

The bill makes changes in the interruptible water supply law, which allows cities to lease water from farms for three years in any 10-year period. The amended version of the bill allows two renewals by the state engineer, with certain conditions, although it expands the water court appeal period for renewals to four months.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: House Joint Resolution 1026 (Protect Agricultural Water Supplies) passes the state House #COleg

From The Pueblo Chieftain (Chris Woodka):

The state House Tuesday passed a bipartisan resolution to protect Colorado’s water supply and recognize the benefits irrigated agriculture provides to Colorado. “We want to make sure we protect water, it’s a precious resource,” said Rep. Lori Saine, R-Dacono. “Water is the lifeblood of our state. I’m glad to see bipartisan support for this resolution.”

House Joint Resolution 1026 calls on the Legislature to work with Gov. John Hickenlooper and Colorado’s water community to continue addressing Colorado’s predicted water supply-demand imbalance. HJR1026 recognizes the importance of Colorado’s irrigated agriculture and encourages investment in outreach and education to increase Coloradans’ awareness of how beneficial irrigated agriculture is to Colorado.

The Colorado Water Conservation Board and Interbasin Compact Committee have been working on meeting future demand for more than a decade. Hickenlooper wants to have a state water plan in place by 2016. “Agriculture contributes about $40 billion to our state’s economy,” Saine said. “We have to make sure that water rights are protected.”

More than 85 percent of Colorado’s water use is for agriculture, but a growing amount is required for city and industrial uses.
“Our water demands will only increase going forward,” Saine added.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: HB13-1316 (Oil Gas Commn Uniform Groundwater Sample Rule) passes state House #COleg

From the Denver Business Journal (Cathy Proctor):

HB 1316, sponsored by Democratic Reps. Dickie Lee Hullinghorst of Gunbarrel and Joe Salazar of Thornton, would require the state to undertake the same stringency of groundwater testing in the oil-rich Wattenberg basin as it does across most of the state…

HB 1316 passed the House on its third and final reading in that chamber Wednesday morning and now goes to the Senate for consideration…

The Colorado Oil and Gas Conservation Commission (COGCC) in January changed its rules to require companies to conduct one groundwater test per quarter-section, the equivalent to four tests per square mile, in the Wattenberg area. Due to the number of wells drilled and planned in that area, the new standard will result in a database of 11,000 samples, according to the state. HB 1316 proposes to change the new rule and require companies working the Wattenberg to sample up to four groundwater sources within a half mile of the new well…

The Colorado Oil & Gas Association, an industry trade group, opposes the bill because it undermines the influence of the state regulatory agency charged with overseeing the oil and gas industry, spokesman Doug Flanders said. “A statewide ‘one size fits all’ water sampling rule does not fit Colorado, is unnecessary and fails to account for unique characteristics of specific areas of the state,” he said.

More coverage from Steve Lynn writing for the Northern Colorado Business Report. Here’s an excerpt:

House Bill 1316, sponsored by House Majority Leader Dickey Lee Hullinghorst, D-Boulder, and Rep. Joe Salazar, D-Thornton, would require the Colorado Oil and Gas Conservation Commission to adopt uniform groundwater sampling rules. It passed by a narrow 34-29 vote. Northern Colorado was partially exempted from the new rules in January, when they were adopted by the Colorado Oil and Gas Conservation Commission.

Coincindentally, the new rules also took effect Wednesday. The new rules require companies to sample as many as four water wells within one-half mile of a new oil and gas well before drilling. Two more samples of each well must be taken between six and 12 months and again between five and six years…

Neither oil industry representatives or environmental groups embraced the new monitoring rules. Stan Dempsey, president of the Colorado Petroleum Association, criticized HB-1316, saying that it disregards scientific data presented during the creation of groundwater testing rules and derails efforts to address the needs of local communities.

“There were parts of the COGCC’s water sampling rule we would have preferred to see enacted differently,” Dempsey said in a statement. “But we believe that the role of the executive branch should be respected and that the outcomes of extensive rule making ought to be much more carefully evaluated before being overturned.”

Environmentalists have criticized the exemption in the Northern Colorado oil field, calling it the “Anadarko-Noble loophole” after two major producers in the region, Anadarko Petroleum Corp. and Noble Energy Inc.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: Graywater bill may make it to Governor Hickenlooper’s desk this session

From the Northern Colorado Business Report (Dallas Heltzell):

Co-sponsored by Rep. Randy Fischer, D-Fort Collins, and Sen. Gail Schwartz, D-Snowmass Village, it now heads to the Senate Appropriations Committee. Lawmakers there will consider a $110,000 appropriation to fund development of gray-water standards by the state Department of Public Health and Environment…

The bill directs the Colorado Water Quality Control Commission to develop minimum statewide standards for gray-water systems and lets cities and towns decide whether to approve them.

Fischer talked with the Business Report about why the bill is needed — and why it failed last year.

Q: What first made you aware that this was an issue in Colorado? Why did you decide to introduce this bill now?

Answer: Dr. Larry Roesner at Colorado State University’s Urban Water Center first contacted me about the need for legislation to authorize use of gray water in late autumn 2010. I was somewhat familiar with gray water systems and their potential to significantly reduce municipal and industrial water consumption. However, I was unaware that Colorado was the only arid western state whose statutes did not recognize or explicitly authorize the installation and operation of gray-water systems. Roesner and his colleague Sybil Sharvelle and I worked to draft legislation and meet with a broad stakeholder group to develop support for legislation. I introduced our bill in December 2011 for consideration during the 2012 legislative session. Regrettably, HB 1003 fell victim to political considerations early in the session. I committed to continuing to work on the bill and reintroduce it in 2013. HB 1044 is the result of literally 2 1/2 years of work on the part of Roesner, Sharvelle and me.

Q: If gray water is safe and beneficial to use, why are gray-water systems illegal in Colorado?

A: Gray water derived from a properly designed and functioning system is safe for indoor use to flush toilets and for outdoor drip irrigation systems. However, current Colorado statutes do not recognize or explicitly authorize its use. The Legislature has likewise never directed the applicable regulatory agency, the Colorado Department of Public Health and Environment (CDPHE), to promulgate rules or to set minimum statewide standards for its use. The absence of authorizing legislation, CDPHE rules and statewide standards has created regulatory uncertainty. This uncertainty prevents people from choosing to install gray-water systems because of the risk that their systems could be ruled illegal. When adopted, HB 1044 will direct CDPHE to promulgate rules and standards that will resolve the current regulatory uncertainty.

Q: What do Northern Colorado and the state have to gain by passing your bill, both environmentally and economically?

A: Gray water systems are capable of conserving 25 percent to 30 percent of the indoor water consumed in a typical residence. The water savings from new residential developments using gray water could be substantial and could be a cost-effective tool for helping to meet Colorado’s water needs for the 21st century. In addition, municipal water and wastewater service providers will realize energy and treatment cost savings in the operation of drinking water and wastewater treatment plants.

Q: This is the second time you’ve introduced a bill of this nature. Why did the first one get shot down, and what is different about this bill?

A: Bills dealing with water issues almost always are assigned to the House Agriculture and Natural Resources Committee. However, last year’s gray-water bill was assigned by then-Speaker Frank McNulty to the House State Affairs Committee for its first hearing. Regrettably, the speaker’s choice of the State Affairs Committee to hear the 2012 bill indicated that he was not going to let it advance for purely political reasons. This year, the political environment for water conservations bills such as HB-1044 is greatly improved, and Roesner and I have had an additional year to continue working with stakeholders to build support for the bill.

Q: If passed, what are the next steps to implementing gray-water systems? Do you foresee any other major hurdles?

A: Upon passage of HB 1044, the CDPHE will be required to promulgate rules and minimum statewide standards for installation of systems and use of gray water. The State Plumbing Board also needs to adopt a version of the International Plumbing Code that recognizes gray-water systems and provides guidance for installers. Finally, local governments will have the choice of authorizing the use of gray water within their jurisdictional boundaries. Local jurisdictions will have to adopt ordinances or resolutions authoring the use of gray water in consultation with local health departments and water and wastewater service providers. After passage of the bill, I hope that education, outreach and public acceptance will grow with time such that gray-water systems become a routine part of new residential development and that the potential for water conservation is realized.

More graywater reclamation coverage here and here.

2013 Colorado legislation roundup: Drought helps drive the legislative agenda

From The Colorado Statesman (Marianne Goodland):

The work for the 2013 legislators began last summer, with the annual interim water resources review committee. The group of 10 legislators traveled the state last summer and fall, hearing about water conservation and legal issues on water rights. The end result was a recommendation for eight measures for 2013: two joint resolutions and six bills. Three other proposed bills were not approved by the entire com-mittee, but members of the committee sponsored two of those bills anyway.

The group’s legislative agenda was its most aggressive since the 2002 decision by the General Assembly to make it an annual permanent interim committee. Six bills and two resolutions came from the committee’s summer work, and two other bills that were not adopted by the committee got to the legislature anyway, introduced by committee members…

A drought can make legislators do things that they haven’t been able to do in the past, and that may hold best for HB 1044, which would authorize the use of graywater. Legislators, including those on the interim water committee, have tried for several years to get a graywater statute into the books, without success. This year, however, the General Assembly is just one more vote away from making it part of the state’s conservation efforts…

Perhaps the most significant bill on water rights was Senate Bill 13-074, which clarifies water court decrees issued prior to 1937; according to sponsors, that’s most of the decrees.

Prior to 1937, some decrees did not specify the amount of acreage that would be irrigated under a water right; SB 74 says that in a dispute, the court could rely on the historical acreage irrigated in the first 50 years after the decree was entered. Supporters claimed that farmers have counted on that water for generations, and that it has substantial value, including for estate planning purposes.

Opponents, including the Colorado Water Congress, claimed it might harm senior water rights and intends to solve a problem that doesn’t exist. It’s unusual for the CWC to oppose anything coming from the interim committee, according to attorney Steve Simms. He said that the water courts have faced virtually every possible scenario on water rights during the past 100 years, and in 95 percent of those cases, they can go back to the original intent of the decree and figure out how much acreage was to be irrigated. SB 74 says “if you cheat and get away with it, we’ll legitimize it as long as you can hide it long enough,” Simms said.

State Water Engineer Richard Wolfe said there are more than 16,000 water decrees. He said he could not estimate how many would be affected by SB 74 without reviewing each one individually. The bill was signed into law by Gov. John Hickenlooper on April 4…

SB 75 was signed into law by the governor on March 15. It prohibits reductions in the amount of water allocated when a user has undertaken conservation measures. Sponsors, including Sen. Greg Brophy, R-Wray, explained that farmers are implementing better irrigation systems and techniques for water use, but they should not have their water allocations reduced as a consequence, particularly in drought situations.

SB 19 is another one of the bills not supported by the interim committee but that got onto the legislative calendar anyway. The bill, in its final form, applies to three water districts on the western slope, and provides opportunities for conservation, according to Schwartz, its primary sponsor. Some mountain water districts have voluntarily curtailed water use in order to maintain river flows, according to attorney Kristin Moseley, who represented the Eagle River Water and Sanitation District. SB 19 encourages voluntary curtailments without penalizing the water user long-term by reducing their water diversion rights, Moseley said. SB 19 has passed the General Assembly and is awaiting signature from the governor…

SB 41 also deals with water rights and conservation, and another state need: firefighting. State water law is basically “use it or lose it,” and it includes a variety of needs that are considered “beneficial use,” such as irrigation, dust suppression, recreation and domestic. However, water storage isn’t among the approved uses under state law, and that was verified in 2011 by the Colorado Supreme Court. The Court, in stating that storage is not a beneficial use, could have forced the state water engineer to empty reservoirs every year. SB 41 reverses the Supreme Court position to allow water storage as a beneficial use, and it also adds firefighting to that list. The governor signed the bill into law on April 8.

There are two major water bills still moving through the process: HB 1248 and HB 1316.

HB 1248 is the legislature’s attempt to save water rights on agricultural land; it sets up a pilot program on fallowing agricultural land and letting that water be used for municipal purposes. The bill is based upon concerns that Colorado could lose more than a half-million irrigated acres statewide and basins could lose up to 35 percent of their irrigated acreage, all by 2050. “If we do nothing, ‘buy and dry’ becomes the default for meeting 21st century water needs,” according to the bill’s sponsor, Rep. Fischer. “Buy and dry” refers to the practice of permanently selling off agricultural water rights for development purposes.

Under HB 1248, the Colorado Water Conservation Board would authorize up to three pilot programs that would allow for temporary leasing of agricultural water rights, for up to 10 years, for four river districts: the South Platte, the Arkansas, the Rio Grande and certain portions of the Colorado. It doesn’t solve long-term water needs, but according to attorney Peter Nichols, it would create a short-term supply for municipalities during times of drought. The bill is awaiting Senate action.

The last major bill is HB 1316, which passed the House Health, Insurance, and Environment Committee 6-5 on Thursday and ends an exemption for the largest oil and gas field in Colorado and increases groundwater testing. Currently 25 percent of all drilling activity and the most intense growth of development and applications for new drilling occurs in the Greater Wattenberg Area (GWA) in northern Colorado. This month, of the 28 spills that have been reported to the Oil and Gas Conservation Commission, 15 occurred in the GWA.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: HB13-144 (Authorize Graywater Use) passes state Senate Ag committee #COleg

From KUNC (Nathan Heffel):

[Patti] Mason says water rights concerns, specifically the idea that every drop of rain is already bought and paid for, has kept state lawmakers from loosening their grip over graywater usage, despite the fact that using it would help conserve the precious resource…

Senator Ted Harvey, a Republican from Highlands Ranch, agrees. “The bill is different from the one last year,” Harvey says. “This is very voluntary. It does not require local water providers to regulate it, so it’s not a mandate on water providers.” Harvey, who supports the bill, says water conservation is increasingly on the mind of lawmakers at the State Capitol. “This is not a partisan issue; water is never a partisan issue,” said Harvey…

Patti Mason says the graywater bill has a pretty good chance of passing. But she says it’s just the first step in educating lawmakers about the full potential of graywater use.“I do think that broadening the community’s ability to capture precipitation is next,” said Mason. “There are examples of existing policy in place that has allowed for precipitation harvesting to take place in limited scale. “

The graywater bill easily passed through the House, and was approved unanimously in its first Senate hearing. If the bill is approved by both chambers, it would become law later this year.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: ‘Water law doctrine in Colorado was developed in a much simpler time’ — Jim Lochhead

From TheDenverChannel.com (Ryan Budnick):

Slowly, the state legislature has been making minor changes in water accords and laws to reflect the current needs of the state. Senate Bill 41, which was signed into law earlier in April, is an example of those minor changes that can have major ramifications.

“Water law doctrine in Colorado was developed in a much simpler time,” said Denver Water CEO Jim Lochhead. “So this law is a very small step toward simplifying what has become an overly-complex and burdensome water law system.”

As the bill’s sponsor, State Sen. Mary Hodge sees it, it was correcting an oversight. The new law designates that storing water for fighting wildfires and for drought are beneficial uses. How it is currently set up, water can not be stored unless it is for one of three purposes: irrigation, residential use and mining.

“People are concerned when you start storing water that you’re either hoarding water or you’re using it as a speculative purpose,” Hodge said.

Meaning that the resource could be monopolized and cause price gouging. That was how the state’s anti-speculation doctrine was created, said water attorney Joe Dischinger.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: HB13-1248 (Irrigation Water Leasing Municipal Pilot Projects) is backed by the CWCB

From The Pueblo Chieftain (Chris Woodka):

The Colorado Water Conservation Board wants to develop strategies that would allow temporary transfers of water from farms to cities that allow farmers to maintain ownership of water rights, staffer Todd Doherty told the Arkansas River Basin Water Forum this week.

“Programs are being set up to reduce the costs of transactions to lease water,” he said. Much of that cost is legal fees by taking cases to water court, but some want to determine how to avoid injury to water rights without going to court.

The CWCB is backing legislation, [HB13-1248], to set up 10 pilot programs in Colorado to explore alternative transfer options under the supervision of the CWCB. The bill passed the House and is now moving in the Senate. The bill allows water to be leased by farmers to cities three years in 10 through rotational fallowing through programs such as the Arkansas Valley Super Ditch. The goal of the programs, along with other efforts already undertaken by the CWCB, is to streamline engineering questions to make sure engineering is correct while other water rights are not injured, Doherty said.

Among the current efforts is a cooperative project among the CWCB, the Lower Arkansas Valley Water Conservancy District and farmers Wes and Brenda Herman on the High Line Canal. The idea is to use a conservation easement to ensure water stays in farming, but allows temporary leases to cities.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: HB13-1316 (Oil Gas Commn Uniform Groundwater Sample Rule) passes out of committee #COleg

From the Summit County Citizens Voice (Bob Berwyn):

A new measure to protect Colorado water quality from fracking impacts narrowly passed a House committee on a 6-5 vote. HB 1316 requires state regulators to adopt uniform statewide groundwater sampling rules and ends an exemption for the largest oil and gas field in Colorado in the Greater Wattenberg area. The measure would require sampling of all groundwater sources (up to a maximum of four wells) within a half-mile of proposed oil and gas wells, as well as follow-up sampling after the wells are drilled.

Conservation groups who slammed Gov. Hickenlooper for creating the giant loophole for the Wattenberg Field said the committee vote is another step toward better protection of public health and the environment…

Currently 25 percent of all drilling activity and the most intense growth of development and applications for new drilling occurs in the Greater Wattenberg Area. Of the twenty eight spills that have been reported to the Oil and Gas Conservation Commission this month, fifteen occurred in that area. The current testing regime requires sampling of only one water source in each quarter section. More widespread sampling will help with early detection of spills and contamination, according to conservation advocates.

“In recent months, Adams County has seen increasing public concern about oil and gas development happening close to homes and neighborhoods. In our community, we see areas with very tight development across our entire county, yet the Greater Wattenberg Area is exempt from this rule,” said Adams County Commissioner Eva Henry. “Why should the wells be treated differently when it comes to monitoring groundwater just because they are on the wrong side of our county? We are relying on the state to create baseline monitoring, which is not possible with two different standards. all of Adams County deserves the same level of protection,” Henry said.

More oil and gas coverage here and here.

2013 Colorado legislation: HB13-1130, sans the thirty year term, passes the Senate Ag committee #COleg

From The Pueblo Chieftain (Chris Woodka):

A watered-down version of a controversial bill that would expand state authority to approve water leases is making its way through the Legislature. The legislation, HB1130, was approved this week by the Senate agriculture committee. It would alter the state’s interruptible water supply statute. The statute now allows temporary transfers of water from farms to cities with approval from the state engineer for three years in a 10-year period.

Aurora, supported by farmers on the High Line Canal, is backing the legislation. Aurora leased water from the High Line Canal in 2004-05. Numerous water interests, particularly in the South Platte basin, opposed the original legislation as an end-run around water court. Originally, the bill allowed the state Division of Water Resources to approve water transfers for up to 30 years without going to water court.

The legislation, as amended by the ag committee, now limits renewal to just one 10-year period, and only in the Lower Arkansas Valley (water districts 14, 17 and 67 in water division 2). Aurora argued for two renewal periods in order to give cities more certainty of supply.

The bill also strengthens water court appeals and state engineer notification procedures, while giving opponents 126 days, rather than 30, to respond to notifications.

The bill also prohibits transfer of water across the Continental Divide, at the request of Sen. Gail Schwartz, D-Snowmass Village, who chairs the Senate ag committee. It does not prohibit transfers from the Rio Grande or Arkansas River basins using interruptible supply.

The bill was sent to the Senate floor on Wednesday, and could be approved by the Senate as soon as Monday. The House would then have to reconsider the legislation, since substantial changes were made.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: HB13-144 (Authorize Graywater Use) passes state Senate Ag committee #COleg

From the Northern Colorado Business Report (Steve Lynn):

The bill, sponsored by Rep. Randy Fischer, D-Fort Collins and Sen. Gail Schwartz, D-Snowmass Village, now heads to the Senate Appropriations Committee. Lawmakers there will consider a $110,000 appropriation to fund development of gray water standards by the state Department of Public Health and Environment.

The measure passed the House Appropriations Committee unanimously earlier this month. “It’s looking pretty positive, I think, in terms of its possibility” of passing the Senate Appropriations Committee, Fischer said. “There’s no opposition to it that I’m aware of.”

Colorado water law allows just one use of water before it goes down the drain, through a wastewater treatment plant and back into the river for others to use. Gray water systems “actually aren’t legal right now,” Fischer said. He pointed out that the University of Colorado at Boulder cannot use a gray water system it installed in a newer residence hall because of state health regulations. “The most important thing the bill does is direct the Colorado Water Quality Control Commission to promulgate minimum statewide standards for gray water systems,” he said.

The bill also lets cities and towns decide whether to approve gray water systems, he said.

More 2013 Colorado legisation coverage here.

2013 Colorado legislation: HB13-144 (Authorize Graywater Use) to get a hearing Wednesday in state Senate committee #COLeg

From The Denver Post (Lynn Bartels):</p

Graywater is wastewater in a building that comes from showers, hand-washing sinks and washing machines. It does not come from toilets, urinals or kitchen sinks. Colorado is the only western state that doesn’t allow treated graywater to be used for flushing toilets, landscaping and such, but a proposal scheduled to be heard Wednesday in a Senate committee would change that.

House Bill 1044, by [Senator Gail] Schwartz, D-Snowmass Village, and Rep. Randy Fischer, D-Fort Collins, legalizes the use of graywater, calls for the development of regulations to protect the public health and gives cities and counties the discretion to offer graywater permits to single- or multi-family dwellings.

Bill supporters say a household with four people could save 58,000 gallons a year if it had a graywater filtration system installed.

The House unanimously passed the measure, which will be heard Wednesday by the Senate Agriculture, Natural Resources and Energy Committee. Sen. Greg Brophy, R-Wray, who sits on the committee, said he’s excited to hear the bill. “As long as we can protect the downstream users’ historical rights, there is nothing wrong with this idea,” he said. “A lot of money and energy goes into cleaning up water to bring it to drinking water standards, merely to put it on lawns and flush toilets, and we don’t need to do that.”

Schwartz also addressed that point, saying a number of Colorado’s wastewater treatment facilities are aging and need to be updated. She said the use of graywater would mean less input into those plants.

Fischer said he got the idea for carrying the bill from two Colorado State University professors who have been working on graywater issues. They have a graywater disinfectant vat set up in one of the residence halls and have been testing the system.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: Governor Hickenlooper signs SB13-074 #COleg

From The Pueblo Chieftain (Chris Woodka):

Gov. John Hickenlooper signed legislation, Senate Bill 74, to correct a glitch in Colorado water law that threatened the value of senior water rights, specifically pre-1937 decrees.

Sponsored by state Sen. Mary Hodge, D-Brighton, and state Rep. Jerry Sonnenberg, R-Sterling, the new law is designed to mitigate the impact of two recent Colorado Supreme Court decisions, which require senior ditch companies to prove that the farmers who initiated the rights in the 1860s intended to irrigate all the lands and ditches irrigated today.

“If farmers couldn’t find sufficient evidence demonstrating the intent of the original appropriator, the water court reduced the number of acres that could be served by the rights, even though the ditches had been irrigating the acreages for over 100 years,” said Andy Jones, a water lawyer representing the Legacy Ditch Association. “Colorado farmers, especially those in the South Platte River Basin, faced the prospect of having a substantial percentage of their net worth wiped out.”

SB74 restores certainty for Colorado farmers by saying that if a decree was granted prior to 1937 and is silent on permissible acreage, then all acreage [irrigated by the water right] within 50 years of the decree is lawful.

More 2013 Colorado legislation coverage here.

HJR13-1004 supports the NSAA’s position regarding water rights associated with ski areas #COleg

From the Craig Daily Press:

A Sen. Randy Baumgardner-sponsored water rights measure unanimously passed out of the Colorado Senate Agriculture, Livestock & Natural Resources Committee on Thursday. House Joint Resolution 13-1004 calls on the U.S. Forest Service to rescind a 2012 directive that stipulates water rights revert to the federal government upon termination of a special-use permit.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: HB13-1248 passes the state House unanimously #COleg

Another bill that seeks to ease the way for cities to lease water from farms is moving to the Senate. The state House unanimously passed a bill Thursday that would allow the Colorado Water Conservation Board to oversee up to 10 pilot programs to determine how other water rights could be affected.

“It would be another method to look at alternative ag transfers to see what works and what doesn’t,” said Alan Hamel, Arkansas River basin representative on the CWCB. “This is something on everyone’s mind in the third year of drought.” HB1248 would allow temporary transfer of water for only three years out of a 10-year period and prohibits any movement of water over the Continental Divide or out of the Rio Grande basin. It would allow transfers between the Arkansas and South Platte basins. The bill also limits fallowing to 30 percent of any farm.

The CWCB has supported several programs to weigh the impacts of transfers proposed by the Arkansas Valley Super Ditch, and this legislation furthers those efforts, Hamel said. “The CWCB supported it at last month’s meeting, and we’re excited about it,” Hamel said. “Ultimately, it could reduce costs when a change of use case goes to water court.” The bill moves to the Senate agriculture committee, whose chairman Sen. Gail Schwartz, D-Snowmass Village, is sponsor of the bill. House ag committee chairman Randy Fischer, D-Fort Collins, is the House sponsor.

The Senate committee Thursday postponed action on HB1130, which is supported by Aurora and some Arkansas Valley farmers. That bill would give the state engineer authority over water transfers for a 30-year period. Opponents of HB1130 say it bypasses water courts for too long a time period.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: SB13-258 would allow a developer to prove up water supplies at each stage of development #coleg

From the Denver Business Journal (Dennis Huspeni):

Senate Bill 258, introduced Tuesday, is sponsored by state Sen. Mary Hodge, D-Brighton, and Rep. Dominick Moreno, D-Commerce City. If passed, the bill would declare that “each application included in the definition of development permit constitutes a stage in the development permit approval process.”

Its introduction follows a recent ruling from a District Court judge that halted the proposed Sterling Ranch development, which calls for a 12,050-home community in northern Douglas County. Eighteenth Judicial District Judge Paul King ruled that Douglas County commissioners erred when they agreed to rezone the 3,400-acre site in 2011. Commissioners also had decided the developer, Sterling Ranch LLC, could prove it had enough water to serve the community later as each platting of the development was approved. But on Aug. 22, King ruled that the commissioners, in allowing the developer to take an incremental approach later in the planning stages, “exceeded its jurisdiction and abused its discretion.” King’s Nov. 9 order states he followed the letter of the 2008 Colorado law when making his ruling striking down the Board’s decision.

Government and business leaders filed an amicus brief asking King to reconsider, fearing his ruling would strip local governments of their ability to control development and landowners of the right to develop their land, and would have negative economic ramifications for the entire state.

The new bill states: “With respect to the definition of ‘development permit’ as used in connection with the statutory provisions requiring that land development be supported by an adequate water supply, the bill modifies the definition to clarify that each application included in the definition of the term constitute a stage in the development permit approval process.”

More 2013 Colorado legislation coverage here.

HB13-1044 (Authorize Graywater Use) passes the state house, now on to the state senate

From email from State Representative Randy Fisher:

I’m pleased to announce that one of my top priority bills for the 2013 legislative session, HB-1044, was passed in the House on third reading on April 5. If the bill becomes law, it will authorize the use of graywater recycling in Colorado and will provide Coloradans with a powerful and readily available water conservation tool.

HB-1044 has its roots at CSU where professors Larry Roesner and Sybil Sharvelle have conducted foundational research and development on graywater systems. Drs. Roesner and Sharvelle are the co-directors of the Urban Water Center at CSU’s Department of Civil and Environmental Engineering. Both professors have spent countless hours at the Capitol advocating for passage of HB-1044. They have earned my respect and gratitude for their efforts to help write and advocate for the bill.

“Graywater” consists of the discharge from fixtures other than toilets, kitchen sinks, and dishwashers that is collected and recycled within residential, commercial, or industrial facilities with minimal treatment in accordance with public health standards. HB-1044 amends Colorado’s public health statutes to allow more efficient first-use of water by enabling the recycling of graywater within the facilities in which it is generated. Graywater reuse is an important municipal and industrial water conservation tool that has the capability of reducing per capita water consumption by up to 30%.

The Coloradoan newspaper had a very positive editorial about HB-1044 in its Sunday, February 3, edition. Here is a link to the article:

http://www.coloradoan.com/article/20130202/OPINION01/302020020/Editorial-Fischer-leading-way-water-bills.

A critical vote on the HB-1044 occurred last week when the House Appropriations Committee voted to approve a small general fund appropriation required by the health department for rulemaking. The approval of the appropriation paved the way for consideration of the bill in the House. The Senate will begin deliberation on HB-1044 in the coming days.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: Governor Hickenlooper signs SB13-041 and SB13-074 #coleg

From email from Governor Hickenlooper’s office:

SB13-074: Irrigation Water Right Historical Use Acreage — Hodge/Sonnenberg. Concerning the resolution of ambiguities in old water right decrees regarding the place of use of irrigation water.

SB13-041: Protect Water Storage Long-term Use — Hodge & Roberts/Fischer & Sonnenberg. Concerning the protection of stored water and preserving supplies for drought and long-term needs.

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: A look at the week ahead from the Fort Collins Coloradoan #coleg

From the Associated Press via the Fort Collins Coloradoan:

FIGHTING FIRES

Last year’s devastating fire season has prompted lawmakers to think about establishing a state firefighting fleet. Under the bill, a new division would have the power to buy or lease firefighting aircraft. The bill faces its first test in a Senate committee on Thursday.

DRILL DEBATES

Democratic efforts to put new limits on oil and gas drillers continue this week. A House committee hears two of them Thursday, including a bill to allow local governments to charge for drill-site inspections. Another bill would commission a study of whether Front Range drilling operations can harm human health.

From The Denver Post (Mark Jaffe) via the Loveland Reporter Herald:

Drilling for oil and gas has nearly doubled on the Front Range since 2006, sparking local concerns and seven legislative bills — with more possible. Some bills focus on the Colorado Oil and Gas Conservation Commission, the agency overseeing oil and gas development. The measures seek to boost inspections, increase spill reporting, raise fines and limit industry influence. Others seek to buttress the role of local government in overseeing oil and gas development…

In 2013, the two largest operators in the region, Anadarko Petroleum Corp. and Noble Energy, are poised to spend more than $3.2 billion on Front Range oil and gas development and drill about 650 wells. The discretionary portion of the state’s budget, by comparison, is about $8.2 billion. For Hickenlooper, who supports oil and gas development and maintains that the state has sole control over regulating drilling, the Democrat-sponsored and -supported bills create a dilemma. “I am very sympathetic to communities that are seeing a changing landscape and are worried about an industrial activity within a thousand feet of their homes,” Hickenlooper said in an interview. “But what are you going to do, take away everyone’s mineral rights?”[...]

In 2012, Colorado oil production reached a 51-year high — 48 million barrels — and Anadarko and Noble are projecting drilling about 1,600 wells in the next five years. In February, ConocoPhillips announced that it had found a “sweet spot” in the Arapahoe-Adams County area and is planning to drill 38 wells this year. Almost all the activity has been in Weld County, but local officials in neighboring areas are struggling, as drilling spreads, to meet their residents’ concerns over health, safety and property values. “As a local official, you feel your hands are tied,” said Rep. Dominick Moreno, D-Commerce City. “That’s why you are seeing these bills in the legislature.”

A lack of confidence in state regulators is also fueling much of the debate…

“The people rose up and did this because they are not getting satisfaction from their government,” Kaye Fissinger, a spokeswoman for the citizens group Our Health, Our Future, Our Longmont, testified at a hearing. “They were not getting satisfaction from the Colorado Oil and Gas Commission,” Fissinger said.

The administration is trying to find common ground with legislators on some of the bills, Matt Lepore, the executive director of the oil-and-gas commission, said in an e-mail.

But bills requiring an $8.2 million increase in oil and gas inspectors and blocking anyone paid by the industry from serving on the commission — which has three industry-designated seats — are problems, administration officials said. “You want to think very carefully before you change the commission’s mission,” Hickenlooper said…

“It will be interesting to see what the governor does,” said Peter Maysmith, executive director of Conservation Colorado, an environmental group supporting the bills.

“Representatives are bringing their constituents’ concerns about a state agency they do not see as being responsive,” Maysmith said. “This is democracy playing out.”

More 2013 Colorado legislation coverage here.

2013 Colorado legislation: SB13-019 still alive #coleg

From The Pueblo Chieftain (Chris Woodka):

A controversial water bill that would give the state engineer authority over water transfers for up to 30 years was discussed Thursday in the Senate Agriculture Committee. Sen. Gail Schwartz, D-Snowmass Village, who chairs the committee, scheduled a vote for next Thursday after about three hours of testimony for and against the bill. She had concerns that the bill could be used to increase diversions from one basin to another. She added that the bill should be laid over to allow sponsors time to make amendments based on testimony, but did not call for a vote.

Sen. Nancy Todd, D-Aurora, and Sen. Randy Baumgardner, R-Hot Sulfur Springs, are sponsoring the bill after Sen. Angela Giron, D-Pueblo, removed her name as a sponsor.

The bill would expand current legislation on interruptible supply agreements. Currently, cities may lease water for three years out of 10 from farms without changing use of a water right. The bill extends the arrangement for two additional 10-year periods.

Opponents of the bill, mostly water interests in the South Platte basin, objected to the legislation because it could allow injury to senior water rights without due process in water courts.

The bill was supported by Aurora, farmers from the Rocky Ford area, the Colorado Farm Bureau and the Colorado Cattlemen’s Association. They argued the 30-year period would facilitate lease agreements between cities and farmers and prevent permanent dry-up of farmland. “I support it because it eliminates re-engineering and rediscussion,” said Alan Frantz, a Rocky Ford farmer who participated in a 2004-05 lease to Aurora. “We don’t pay any more to prove that it didn’t hurt anybody down the stream.”

Schwartz asked Kevin Rein, deputy state engineer, if farmers and cities could simply apply for an extension now. Rein said the current statute prohibits extending an application, but added that a completely new application would require less engineering work after going through the process the first time.

More water law coverage here and here.