2014 Colorado legislation: Governor Hickenlooper wields veto pen, SB14-023 is history #COleg #COWaterPlan

Colorado instream flow program map via the Colorado Water Conservation Board
Colorado instream flow program map via the Colorado Water Conservation Board

Here’s the release from Governor Hickenlooper’s office:

Gov. John Hickenlooper today vetoed Senate Bill 14-023 because of unresolved concerns about its potential impact to water rights. At the same time, the Governor voiced support for a targeted pilot program that would encourage conservation of water resources and keep more water in streams and rivers for water quality purposes.

“This decision was not easy; it was a close call,” the governor wrote in a letter to the Colorado Senate. “That is because the bill’s goals are important for our water future and we appreciate and honor the thousands of hours that went into crafting this legislation. Despite these efforts, there was a breakdown in consensus toward the end of the legislative session that divided the water community and, in our view, would make implementation of the policy more difficult.”

The governor told lawmakers his veto is not designed to stop this legislation from ever becoming law; rather, it allows more time to work with stakeholders to address concerns and build broader consensus for experimentation involving the instream flow program.

“This bill already has a good cross section of support from various interests, including sportsmen, conservationists, and some in the agricultural community,” the governor wrote. “Unfortunately, and despite the best efforts of the bill’s sponsors, important questions remain about how best to expand the state’s instream flow program without creating injury or cost to downstream users, principally in agriculture.”

The governor directed the Colorado Department of Natural Resources and the Colorado Water Conservation Board to work with lawmakers on a pilot concept in preparation for the next legislative session that addresses concerns raised by opponents of SB 14-023.

“Making the topic of this legislation an administration priority next year would give us an opportunity to re-engage stakeholders who have concerns about SB 14-023, and build a broader base of support for passage next year,” the governor wrote. “If I am re-elected by Colorado’s voters to a second term, my administration will be committed to pursuing bipartisan resolution of this important issue.”

Click here to read a copy of the governor’s veto letter.

From the Summit County Citizens Voice (Bob Berwyn):

Bowing to pressure from agricultural users, Gov. John Hickenlooper this week vetoed a bill that would have encouraged voluntary conservation measures and given incentives for private investment in conservation.

Hickenlooper tried to downplay the veto by saying that he would pursue similar legislation if re-elected, but that’s not nearly enough in a state that is now in a perpetual struggle to find enough water to sustain the economy and a healthy environment. As usual, the environment got the short end of the stick.

From Conservation Colorado:

Governor Hickenlooper today vetoed Senate Bill 14-023 (SB 23), an important water conservation bill crafted over the course of a year in close partnership with diverse water interests, including the Governor’s own water policy experts. SB 23 had support from many rural Coloradans, major water providers, Colorado’s leading conservation organizations and Colorado Water Congress, the state’s leading voice for water policy.

The bill was designed to bring investment to rural western Colorado to incentivize the implementation of irrigation efficiency improvements that would ultimately benefit agricultural operations and Colorado’s rivers and streams. Under the bill’s provisions, ranchers, farmers and other agricultural water users in western Colorado could voluntarily implement irrigation and water efficiency measures and ensure that water they save can benefit Colorado’s rivers without risking abandonment of their water rights or harming other users. The result would have been increased private investment in upgrades to and modernization of irrigation infrastructure, healthier rivers and streams, and more resilient farms and ranches.

“SB 23 was a chance for Colorado to demonstrate leadership among all western states struggling with a limited water supply and the balance between all-important human uses of water and the needs of our rivers and streams,” said Russ Schnitzer, agriculture policy adviser, Trout Unlimited. “This sends a signal that despite the Governor’s expressed commitment to water conservation, he is willing to bow to those who oppose change in any form. With this veto, innovative, common sense water efficiency solutions benefitting Colorado farms and ranches have been cast aside in favor of perpetuating the status quo locked in 19th management concepts. As an organization, we are committed to forging win-win solutions for agriculture and conservation, and SB 23 was just that. For the Governor to veto such a tool after his own water policy experts testified in support and following passage by the General Assembly is baffling and disappointing.”

According to a 2013 Colorado College poll, the vast majority of Coloradans agree that using the state’s existing water resources more efficiently is a priority. In fact, low water levels in rivers is a major concern of Coloradans, second only to unemployment. In addition, water managers agree that Colorado’s growing population is driving an imbalance between water supply and demand, which is jeopardizing the $9 billion recreational economy and Colorado’s natural mountain environment.

“Faced with a dry future and growing water use, Colorado needs innovative, collaborative policies to reverse the imbalance between water supply and demand and the increasing strain on our rivers and streams,” said Pete Maysmith, executive director, Conservation Colorado. “This legislation is precisely the type of collaborative innovative policy Colorado century water needs, so the Governor’s action today is a disappointing set back. Given the opportunity to lead on conservation, the Governor instead chose to enforce the status quo. This flies in the face of his stated commitment to water conservation and ensuring water resources for Colorado’s fish, wildlife and outdoor recreation are protected in the developing state water plan.”

More 2014 Colorado legislation coverage here.

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