“If I was to look at the one thing that changed the most in my public life, it’s the collaborative approach” — Gov. John Hickenlooper

Here’s an in-depth look at Gov. Hickenlooper’s legacy from Marianne Goodland writing for The Colorado Springs Gazette. Here’s an excerpt:

In a fast-growing state that places greater demands on its water supply each day, a state that regularly faces withering droughts, Hickenlooper has spent his eight years in office navigating water issues and leading the development of a state water plan that Denver’s chief water official calls a “real act of political courage.”

But not everyone believes the governor has made all the right choices on water. Colorado still faces daunting water-supply challenges. Some say Hickenlooper should have done more to promote dams and reservoirs and there’s no clear way to pay for the ambitious state water plan he fostered.

Still, many give Hickenlooper credit for reshaping how Colorado deals with water.

“He was the first governor to put water at the forefront,” said veteran northern Colorado water manager Eric Wilkinson.

Hickenlooper’s legacy may depend on what is done with the water plan that he is leaving for his successor. Colorado Politics talked to members of Colorado’s water community to see what they think his legacy in water looks like – and the governor weighed in on that, too.

US Drought Monitor June 25, 2002.

The beginnings

When Hickenlooper became mayor of Denver in July 2003, the state was already entering the second year of a record-setting drought. Gov. Bill Owens, in his 2003 State of the State address six months earlier, claimed the 2002 drought was the worst in 350 years, with most of Colorado in what the U.S. Drought Monitor called “exceptional drought,” the worst stage in their rankings.

So water got into the future governor’s mind early on, although as mayor, his control was limited primarily to appointing commissioners to Denver Water, the state’s largest water utility.

But as he saw it, he wasn’t dealing with just Denver’s water. It was water that belonged to the entire state, he said.

At the time, state officials were also trying to figure out how to solve the water problem. In the midst of devastating drought, the General Assembly and Owens began working on several ideas that still hold water today, including a new assessment of Colorado’s water supply, known as the Statewide Water Supply Initiative (SWSI)…

In the 2005 session, the General Assembly approved a law setting up groups known as basin roundtables, which divided Colorado into nine regions, each representing a major river, plus one for Denver.

But the groups weren’t required to work with each other. There were differences among the regions, including claims from the Western Slope that the Denver area was seeking more “transmountain diversions” to channel water from the Colorado River and other western waters through the mountains to the Front Range. That claim still sticks today.

And there were long-standing hard feelings over what happened about 15 years earlier, when ski towns joined forces with environmentalists to help defeat a major Denver reservoir project…

Two Forks was a proposed dam on the South Platte River that would have created a million acre-feet reservoir, flooding 30 miles of canyon from Deckers south to the river’s confluence with its north fork.

Advocates said the project was vital to supplying growing metro Denver. But environmentalists sounded the trumpets, complaining of the potential drowning of much of Cheesman Canyon with its prime fishing, hiking and kayaking areas, and the Environmental Protection Agency vetoed a permit for the project in 1990.

Denver Water, which exhausted its appeals of the rejection in 1996, was forced to shift to conservation rather than looking for major new water supplies from storage.

That’s the environment that Hickenlooper walked into as mayor. And that’s when his water legacy started, says Eric Kuhn, who has spent 40 years working on the Colorado River, including as general manager of the Colorado River Water Conservation District.

It was then, he said, that the groundwork was laid with Denver Water board members to build cooperation with Western Slope water providers.

Knowing that Denver Water controlled a quarter of the state’s water supply, it meant new conversations with the Western Slope water community. Those discussions started in 2006 between Denver Water and 42 Western Slope partners, ranging from water providers to local governments to ski resorts.

That eventually became the groundbreaking Colorado River Cooperative Agreement, first reached in 2011 and signed by all parties by 2013. The agreement resolved at least some of the historic fights over the Colorado River. It focused on efforts to improve the river’s health and looked for ways to provide additional water supplies to Denver Water…

Hickenlooper got one other big advantage during his time as mayor: The Denver Water board selected a new general manager, Jim Lochhead, who would continue the agenda set forth by the board and with Hickenlooper’s vision in hand. That took place in 2010.

Hickenlooper “made very thoughtful appointments” to the Denver Water board, including people like Tom Gougeon, John Lucero and George Beardsley, Lochhead told Colorado Politics. They were “really strong leaders with the ethics for moving Denver Water forward but with having us take a far-sighted approach with the Western Slope,” he said.

Part of a strategic plan

Hickenlooper says he tackled water issues again shortly after being elected governor in November 2010. The state found itself in another multi-year drought starting in 2011, and that’s when Hickenlooper asked if drought would be the new normal and how Colorado would deal with it.

He talked to other governors to research the best practices they employed, and found that what Colorado lacked was a comprehensive water plan, which he called a “serious vacuum” in the state’s framework. It was a risky proposition, given that Coloradans were historically polarized around the issue of water, he said.

There were things – like boosting water conservation – that he knew would be difficult. He knew rural Colorado’s farmers and ranchers did not want to be told what to do. “We couldn’t deny people the right to sell their property,” he said, referring to water rights. But the plan would look at how to incentivize farmers to at least temporarily lease their water rather than sell.

With the traditional east-west divide over water evolving with the completion of the Colorado River agreement, the time to strike came early on in Hickenlooper’s first term. He began asking his cabinet about a water plan.

According to James Eklund, who first served as Hickenlooper’s senior deputy legal counsel and then as director of the Colorado Water Conservation Board (CWCB), the governor was asked if he was willing to spend his political capital by wading into the water wars.

“Some governors only touch (the issue) on a superficial level,” Eklund told Colorado Politics. Previous governors would go to the Colorado Water Congress (the state’s leading water advocacy organization), pound the table, say that water is the lifeblood of the West and then get out.”

After the discussions with the other governors, that wasn’t going to be Hickenlooper’s way. “We have no choice but to treat this as a serious discussion” and to engage in strategic planning, according to Eklund.

Hickenlooper – a former restaurateur – looks at everything through a business lens, Eklund said. That meant that if water is so important to Colorado’s bottom line and there isn’t a strategic plan, that’s not acceptable.

In May 2013, Hickenlooper announced he would task Eklund and the CWCB to come up with a state water plan…

In November 2015, the water plan was unveiled after more than 30,000 public comments from all over the state. “We wanted to make sure all the interests were represented, not just conservation,” Hickenlooper said. “We also put in water storage,” meaning reservoirs, but that also ruffled the feathers of environmentalists, he said.

Hickenlooper said he was most pleased with the ability of the basin roundtables – set up in that 2005 legislation – to take the long view, especially for groups historically polarized over water.

According to many in the water community, it’s the statewide water plan that most defines Hickenlooper’s water legacy…

‘Water at the forefront’

The water plan attempts to address what is now expected to be a 1 million acre-feet shortage of water in Colorado by 2050, based in part on projected population growth of another 3 to 5 million people on top of the state’s current population of 5.6 million.

It focuses on a number of strategic goals: 400,000 acre-feet of water to be gained through conservation, another 400,000 to be gained through new or enhanced storage (dams and reservoirs), and the rest from other steps, such as agricultural water sharing.

The plan has its detractors who have criticized it for lack of specific objectives in how to achieve those goals. And some lawmakers believe the General Assembly has been shut out of the process and that storage gets short shrift.

Senate President Pro Tem Jerry Sonnenberg of Sterling told Colorado Politics that he’s been frustrated with the plan’s lack of attention to storage and that there hasn’t been enough emphasis on how to avoid “buy and dry” – the practice of buying up agricultural land for its water rights and then draining the land dry…

Sonnenberg disagrees that the water plan is a positive legacy for Hickenlooper.

“He tried to put the plan together and it didn’t get a lot of attention other than from the environmental community that wants to make sure we leave more water in the rivers. If you want to be a water leader with a water legacy, you must support water storage that is paid for by the communities planning for growth,” Sonnenberg said, citing the Northern Integrated Supply Project (NISP), which plans two reservoirs – Glade, near Fort Collins and Galeton, east of Greeley.

Sonnenberg complained that the governor has not yet endorsed those projects, although Hickenlooper did endorse two other reservoir projects two years ago: Chimney Hollow, near Loveland, and expansion of Gross Reservoir, near Boulder.

But Eric Wilkinson, who recently retired as general manager of Northern Water, which runs NISP, does believe in Hickenlooper’s water legacy.

“He was the first governor to put water at the forefront,” Wilkinson told Colorado Politics. He was pleased with Hickenlooper’s endorsement of Chimney Hollow, a Denver Water reservoir project, which he said tells federal agencies that the project has cleared Colorado’s permitting and is ready to go forward. That was part of the state water plan, too, Wilkinson noted.

ilkinson also pointed to the people Hickenlooper put in charge of water issues as part of the legacy: Stulp, Eklund and Becky Mitchell, the current head of the CWCB; and both of his heads of the Department of Natural Resources, first Mike King and now Bob Randall.

In the water plan, the balance between conservation and new storage is a pragmatic solution for the state’s future, Wilkinson said. “We need to have a greater ability to manage the water resources, and to do that, conservation is first, but infrastructure is very much needed. The water plan calls that out.”

The timing was right and the leadership was right, Stulp told Colorado Politics.

Hickenlooper saw what had been taking place for the past seven to eight years, after the formation of the basin roundtables, which came up with projects for their own regions. The time was right to pull all that together, Stulp said.

Eklund, now with the law firm Squire Patton Boggs, is still involved in water issues, partly as Colorado’s representative on the Upper Colorado River Commission. He said Hickenlooper’s legacy isn’t only about the water plan; it’s also where he positioned Colorado internationally on water issues.

Colorado’s position as a headwater state that provides water to 18 downstream states and Mexico means “we punch above our weight on water policy,” Eklund said. The eyes of the water-stressed world are on the Southwest United States.

Colorado finally has a platform in that discussion by coming up with the water plan, which he called a “gold standard” for water planning. Other states and nations can look at what Colorado is doing and judge for themselves, he said.

Colorado now speaks with one voice on water, said Mitchell, who was in charge of water planning prior to becoming the CWCB’s latest director.

“The default starting point now on water talk is cooperation, not confrontation,” she told Colorado Politics.

The water plan shows what’s possible, she added, when people with polarized perspectives and faulty assumptions sit down together, listen and speak with civility and respect…

Hickenlooper told Colorado Politics he hopes the next governor recognizes the funding gap for implementing the plan. The General Assembly has so far devoted about $17 million over the past two budget cycles to funding projects in the water plan, but it’s a drop in the bucket compared to the need, which is estimated at around $20 billion.

Water providers are expected to shoulder most of that, but the state’s obligation is expected to be around $3 billion, at $100 million per year for 30 years, starting in 2020.

No one, including Hickenlooper, has come up with a solid plan for where that money is coming from. Lots of ideas have been floated, such as changes to the state’s severance tax structure on oil and gas operations – a no-go with Senate Republicans – bottle taxes, water tap fees and the like.

Hickenlooper said he believes funding for the water plan is sufficient for the next few years, but there is a gap, and at some point, the state will need to spend more money on water infrastructure…

That political courage, and part of the legacy, as Lochhead sees it, is that Hickenlooper opened the door for the next governor to come in and pick up where Hickenlooper ended and made it a little safer for a governor to jump into water issues.

So how does Hickenlooper view his legacy in water?

“If I was to look at the one thing that changed the most in my public life, it’s the collaborative approach,” the governor said. “This is everyone’s issue.”

@CWCB_DNR: June 2018 #Drought Update

Click here to read the update from Taryn Finnessey and Tracy Kosloff:

In response to persistent and prolonged drought conditions throughout the southern half of the state and along the western border,the Governor ac​tivated the Colorado Drought Mitigation and Res​ponse Plan for the agricult​u​ral sector on May 2, 2018, additional information ca​n be f​ound HERE.

The month of May was, on average, the second warmest on record and the warmest since 1934. While daytime highs were above normal, night time highs were also well above normal, which may have contributed to early snowmelt across much of Colorado. June has continued to see well above average temperatures with most of the state experiencing temperatures 4-10 degrees above normal. Precipitation for both May and June to-date has largely been well below average statewide, these conditions contribute to fire danger.

■ SNOTEL sites from the Grand Mesa to Mesa Verde National Park have broken low records for both peak snow accumulation as well as water-year to date precipitation.
■ Water demand is increasing; and reservoir storage in the Southwest basins of the ​San Miguel, Dolores, Animas & San Juan, Gunnison and Rio Grande​ have seen significant decreases in reservoir storage in recent months. The reservoir storage for the Southwest basins of the ​San Miguel, Dolores, Animas & San Juan has dropped from ​91 percent of normal storage last month to 75 this month and has the lowest storage levels in the state.
■ Isolated cattle sell off and prevented planting of some acreage has been reported. High hay prices make purchasing adequate supplies to maintain livestock a challenge. There are some reports of cattle being moved to alternative grazing areas, including out of state, and we anticipate additional cattle sell off. Unless conditions improve additional prevented and failed crop acres are likely.
■ Windy, dry conditions have continued to fuel fires in June leading to numerous large wildfires, including the 416 Fire near Durango that is now the 5th largest fire in Colorado history. Weather forecasts indicate the potential for large scale moisture statewide in the coming week and in particular in southwest Colorado. While this will help alleviate drought and fire potential, it also introduces the potential for floods near burn scars.
■ As of June 12, exceptional drought, D4, continues to affect southwest Colorado and the Sangre de Cristo mountains, covering eight percent of the state. Extreme drought, D3, covers 27 percent of the state; severe drought 16 percent and 16 percent is classified as moderate drought. An additional 12 percent of the state is currently experiencing abnormally dry conditions (see image on reverse side).
■ Reservoir storage statewide is at 106 percent of normal. The Arkansas basin is reporting the highest average storage at 127 percent. Front Range water providers are seeing an increase in demand but mainly draw water resources from areas of the state that received near normal winter precipitation, and therefore have adequate supplies and are not anticipating any water use restrictions outside normal operations.
■ The Surface Water Supply Index (SWSI) values have declined slightly in June,​ ​with most of the western slope classified as extremely dry. These values are largely driven by well below average streamflow forecasts. Low streamflows are also a contributing factor to aquatic wildlife impacts that have been reported in isolated areas.

@CWCB_DNR: May 2018 #Drought Update

Colorado Drought Monitor May 15, 2018.

Here’s the release from the Colorado Water Conservation Board (Taryn Finnessey) and the Colorado Division of Water Resources (Tracy Kosloff):

In order to respond to persistent and prolonged drought conditions throughout the southern half of the state and along the western border, the Governor activated the Colorado Drought Mitigation and Response Plan for the agricultural sector on May 2, 2018 , in the following counties:Montezuma, La Plata, Archuleta, Conejos, Costilla, Las Animas, Baca, Prowers, Bent, Otero, Huerfano, Alamosa, Rio Grande, Mineral, Hinsdale, San Juan, Dolores, San Miguel, Ouray, Montrose, Saguache, Custer, Pueblo, Crowley, Kiowa, Cheyenne, Lincoln, El Paso, Elbert, Gunnison, Mesa, Delta, Garfield and Rio Blanco. All of these counties are experiencing severe, extreme or exceptional drought as classified by the US Drought Monitor , and many have already received some level of drought designation from USDA . If present trends continue, other regions and sectors of the state’s economy may also be affected. Those areas will continue to be monitored closely.

■ October 2017 through April 2018 was the 5th warmest and the 5th driest on record for the state as a whole. Some locations throughout southern CO have experienced their driest and/or warmest Oct-Apr period on record.
■ Most regions of Southern Colorado reached their snow accumulation peak two to three weeks early and have experienced rapid snowmelt, resulting in melt out occurring three weeks earlier than normal.
■ Streamflow forecasts in the southern half of the state are extremely low, with multiple sites showing below 15 percent of normal.
■ Demand is increasing and reservoir storage in the most heavily impacted areas, the Southwest basins of the San Miguel, Dolores, Animas & San Juan have seen significant decreases in reservoir storage over the last two months. This combined basin currently has 91 percent of normal storage, the lowest storage levels in the state.
■ Isolated cattle sell off and prevented planting of some acreage has been reported. Due to high hay prices we anticipate additional cattle sell off, and unless conditions improve additional prevented and failed crop acres are likely.
■ Windy, dry conditions fueled fires in April leading to numerous large wildfires on both the west slope and the eastern plains. Current forecasts indicate above average potential for large wildfires through June (see image on reverse side) with late summer fire potential dependent on monsoon conditions.
■ As of May 15, exceptional drought, D4, continues to affect southwest Colorado and has also been introduced in the Sangre de Cristo mountains, covering eight percent of the state. Extreme drought, D3, covers 23 percent of the state; severe drought 20 percent and 14 percent is classified as moderate drought. An additional 14 percent of the state is currently experiencing abnormally dry conditions (see image on reverse side).
■ Reservoir storage statewide is at 111 percent of normal, with all but the southwest basins above average. The Arkansas basin is reporting the highest average storage at 129 percent. Front Range water providers mainly draw water resources from areas of the state that received near normal winter precipitation, and are therefore expecting reservoirs to fill, and are not anticipating any water use restrictions outside normal operations.
■ The Surface Water Supply Index (SWSI) values have declined slightly May 1, with much of the western slope classified as extremely dry. These values are largely driven by below average streamflow forecasts. The sub-basin with the highest value includes Lake Granby, a large reservoir.

@CWCB_DNR: April 2018 #Drought Update

Here’s the update from the CWCB/DNR (Taryn Finnesey/Tracy Kosloff):

Exceptional drought has been introduced into the four corners region of Colorado as persistent precipitation deficits continue. While early April storms have helped improve conditions throughout northern Colorado, the southern half of the state remains extremely dry. Conditions are somewhat tempered by strong reservoir storage, but water providers are already seeing increased demands and implementing restrictions. Agriculture is also seeing loss of winter wheat and strong winds have fueled early fires. Water year-to-date accumulation at Mesa Verde is the lowest in its 95 year record.

  • As of April 19, exceptional drought has been introduced in southwest Colorado, covering 4 percent of the four corners region, primarily in Montezuma and La Plata County. Extreme drought, D3, covers 21 percent of the state; severe drought 29 percent and 16 percent is classified as moderate drought. An additional 15 percent of the state is currently experiencing abnormally dry conditions (see image on reverse side).
  • As of April 19, statewide snowpack at SNOTEL sites is 69 percent of average. However, there is a stark contrast between conditions in the southern half of the state and the northern half. The Gunnison basin has the lowest snowpack on record while the Southwest basins and Rio Grande have already achieved their peak snowpack and have now seen a 50 percent melt off of their snowpack.
  • Many southern basins’ year –to-date precipitation, based on SNOTEL is tracking near 2002; while other sites have the lowest in the nearly 40 year record (see image on reverse side).
  • Reservoir storage statewide is at 114 percent of normal, with all basins above average. The Arkansas basin is reporting the highest average storage at 131 percent. The Southwest basins of the San Miguel, Dolores, Animas & San Juan have the lowest storage levels in the state at 101 percent of normal. While still above average, storage levels have begun to decline from previous months.
  • The Surface Water Supply Index (SWSI) values have declined for April 1, with much of the western slope classified as extremely dry. These values are largely driven by below average streamflow forecasts. The sub- basins with the highest values are a result of large reservoirs such as Lake Granby and John Martin Reservoir (See image on reverse side).
  • Streamflow forecasts are well below average for the vast majority of the state with the South Platte the only basin with any near normal projections. The southern half of the state continues to see declines, and the southwest corner has streamflow forecasts below 50 percent of average.
  • Longterm forecasts indicate below average precipitation into May coupled with increased likelihood of above average temperatures.
  • Statewide snowpack basin-filled map April 23, 2018 via the NRCS. Note Rio Grande did not render correctly. It was at 31% of normal on April 22, 2018.

    Statewide SNOTEL water year-to-date precipitation is below average across much of the state but particularly in the south with some sites in the San Miguel, Dolores, Animas and San Juan Basins recording all time lows.

    Colorado Drought Monitor April 17, 2018.

    Southern Colorado has continued to see an expansion of drought conditions through the snow accumulation season, with exceptional conditions now present in Montezuma and La Plata counties.

    April 1 Surface Water Supply Index values are well below normal for the western half of the state, with the driest regions in the four corners area.

    Colorado eyes activating drought response plan

    Your Water Colorado Blog

    StrontiaSpringsRes_S.PlatteRiv Front Range cities such as Denver have good supplies in reservoirs this year. Strontia Springs is one of Denver Water’s storage facilities.

    Program would aid hard-hit southern portions of the state

    By Jerd Smith, Water Education Colorado

    Colorado state officials will decide within the next 10 days whether to activate a drought response plan, a move designed to help farmers and towns in the ultra-dry southeastern and southwestern portions of the state.

    “The whole point of a drought plan is to make it hurt less,” said Taryn Finnessey, senior climate change specialist for the state. Her remarks came Thursday at a meeting of the state’s Water Availability Task Force in Denver.

    If the plan is activated, Finnessey said it would offer some concrete relief to communities and farmers who are already experiencing serious drought conditions, helping facilitate grants, and in some instances, insurance payments to those who are being harmed…

    View original post 448 more words

    Say hello to the new @CWCB_DNR, DWR, #Colorado’s Decision Support Systems website

    Click here to go to the website.

    Notice of Rulemaking – Artificial Recharge Extraction outside of the Designated Basins — DWR

    Denver Basin aquifer map

    Here’s the notice from the Colorado Department of Water Resources (Tracy Kosloff):

    NOTICE OF PUBLIC RULEMAKING HEARING

    RULES AND REGULATIONS FOR THE PERMITTING AND USE OF WATERS ARTIFICIALLY RECHARGED INTO THE DENVER BASIN AQUIFERS AND NONTRIBUTARY GROUNDWATER AQUIFERS (2 CCR 402-11)

    The short title for these rules and regulations is “Artificial Recharge Extraction Rules,” and they apply to groundwater outside of the Designated Basins.

    Rulemaking Hearing Information

    Date: Tuesday, May 1, 2018
    Start Time: 8:00 a.m.
    Location: Room 814, 1313 Sherman Street, Denver, CO 80203

    Background

    Section 37-90-137(9)(d), C.R.S. directs the State Engineer to conduct rulemaking for the extraction of water artificially recharged into the nontributary Denver Basin aquifers. The Denver Basin Extraction Rules (2 CCR 402-11) were finalized in 1995. House Bill 17-1076 amended section 137(9)(d) to direct the State Engineer to promulgate rules that apply to the permitting and use of water artificially recharged into nontributary groundwater aquifers outside of the Denver Basin by July 1, 2018.

    The State Engineer’s approach is to modify the existing Denver Basin Extraction Rules to add nontributary aquifers outside of the Denver Basin (this does not include designated groundwater).

    For additional information about the rulemaking process, the hearing, or to access the proposed rules, please visit DWR’s website at

    http://water.state.co.us/DWRDocs/Rules/Pages/ArtificialRechargeRules.asp