2022 #COleg: SB22-028 #Groundwater Compact Compliance Fund: Concerning the creation of the groundwater compact compliance and sustainability fund #RioGrande

Third hay cutting 2021 in Subdistrict 1 area of San Luis Valley. Photo credit: Chris Lopez

Click the link to read the bill on the Colorado Legislature website.

Click the link to read an article on The Alamosa News (Priscilla Waggoner). Here’s an excerpt:

Senator Cleave Simpson’s bill “Groundwater Compliance Compact Fund” passed the Senate Agriculture and Natural Resources Committee by unanimous vote on [January 25, 2022].

If the bi-partisan, bi-cameral bill ultimately passes both the Senate and the House, SB22-028 will create a groundwater compliance and sustainability fund eligible to receive allocated funding to help both the San Luis Valley and the Republican River Basin in crucial efforts to achieve sustainability in valley aquifers and compact compliance, respectively…

Long before any other basins were addressing sustainability in managing groundwater, growers in the San Luis Valley were looking ahead and taking steps to reduce groundwater usage. In Subdistrict No. 1 alone, more than $70 million has been collected from growers and redistributed to growers in a myriad of ways including, but not limited to, the purchase of water rights and well permits. But the challenge remains.

The language in Simpson’s bill describes the current situation best. “Despite the conservation districts’ and the state’s diligent efforts to implement strategies to reduce groundwater use, including the creation of six groundwater management subdistricts in the Rio Grande River Basin and the use of various federal, state and local funding sources to incentivize the purchase and retirement of irrigated acreage, extensive groundwater use in the Rio Grande and Republican River Basins continues to threaten aquifer sustainability, senior water rights and compact compliance.”

[…]

The Treasury Department has ruled that projects related to water conservation qualify for expenditure of American Rescue Plan Act (ARPA) funding. In collaboration with the Colorado Water Conservation Board and the State Engineer, Senator Simpson developed a plan that would request allocation of $50 to $80 million for the purpose of supporting both the Republican River Basin and the Rio Grande River Basin in purchasing acreage to put out of production – all toward the end of reducing groundwater usage through, among other things, retiring irrigation wells and irrigated aces and ultimate compliance of requirements established either through compacts or state statutes that carry heavy consequences should groundwater usage not be reduced.

However, SB-028 is just the first step in this process. In order for $80 million to be allocated to the Groundwater Compact Compliance Fund, the fund itself must first be created by the legislature. And that is what Senator Simpson’s bill would accomplish.

Assuming SB22-038 passes and the fund is created, the next step will be to write the bill requesting the $80 million dollar allocation to the fund.

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