#ColoradoRiver drought study advances as participants call for fairness between cities, ranches — @WaterEdCO #COriver #aridification

Lake Powell would become home to a special 500,000 acre foot drought pool if Colorado, Wyoming, Utah and New Mexico agree to save enough water to fill it. Credit: Creative Commons

From Water Education Colorado (Jerd Smith):

If Colorado decides to join in an historic Colorado River drought protection effort, one that would require setting aside as much as 500,000 acre-feet of water in Lake Powell, can it find a fair way to get the work done? A way that won’t cripple farm economies and one which ensures Front Range cities bear their share of the burden?

That was one of the key questions more than 100 people, citizen volunteers and water managers, addressed last week as part of a two-day meeting in Denver to continue exploring whether the state should participate in the effort. The Lake Powell drought pool, authorized by Congress last year as part of the Colorado River Drought Contingency Plan, would help protect Coloradans if the Colorado River, at some point in the future, hits a crisis point, triggering mandatory cutbacks.

But finding ways to set aside that much water, the equivalent of what roughly 1 million people use in a year at home, is a complex proposition. The voluntary program, if created, would pay water users who agree to participate. And it would mean farmers fallowing fields in order to send their water downstream and cities convincing their customers to do with less water in order to do the same. The concept has been dubbed “demand management.”

Among the key issues discussed at the joint Interbasin Compact Committee and demand management work group confab last week is whether there is a truly equitable way to fill the drought pool that doesn’t disproportionately impact one region or sector in the state.

In addition, a majority of participants reported that they wanted any drought plan to include environmental analyses to ensure whichever methods are selected don’t harm streams and river habitat.

Some pointed to the need to identify “tipping points” when reduced water use would create harmful economic effects in any given community, and suggested that demand management be viewed as a shared responsibility.

Flipping the narrative of shared responsibility, participants said sharing benefits equally was important as well. They want to ensure that people selected to participate would do so on a time-limited basis, so that a wide variety of entities have the opportunity to benefit from the payments coming from what is likely to be a multi-million-dollar program.

“People are starting to get it,” said Russell George. George is a former lawmaker who helped create the 15-year-old public collaborative program which facilitates and helps negotiate issues that arise among Colorado’s eight major river basins and metro area via basin roundtables. He chairs the Interbasin Compact Committee, composed of delegates from those roundtables.

“It’s understood that we have to be fair about this and we have to share [the burden] or it won’t work. I think we’re making great progress,” George said.

The Colorado River is a major source of the state’s water, with all Western Slope and roughly half of Front Range water supplies derived from its flows.

But growing populations, chronic drought and climate change pose sharp risks to the river’s ability to sustain all who depend on it. The concept behind the drought pool is to help reduce the threat of future mandatory cutbacks to Colorado water users under the terms of the 1922 Colorado River Compact.

The public demand management study process, facilitated by the Colorado Water Conservation Board, has caused concern among different user groups, including farmers. Because growers consume so much of the state’s water, they worry that they are the biggest target for water use reductions, which could directly harm their livelihoods if the program isn’t implemented carefully and on a temporary basis.

In early 2019 the seven states that comprise the Colorado River Basin—Arizona, California and Nevada in the Lower Basin, and Colorado, New Mexico, Utah and Wyoming in the Upper Basin—agreed for the first time to a series of steps, known as the Colorado River Basin Drought Contingency Plan, to help stave off a crisis on the river.

Colorado River Basin. Map credit: The Water Education Foundation

And while Lower Basin states have already begun cutting back water use in order to store more in Lake Mead, the four Upper Basin states are still studying how best to participate to shore up Lake Powell. For the drought pool program to move forward, all four states would need to agree and contribute to the pool. George pointed to Colorado as a leader among the four states, saying it would likely be responsible for contributing as much as 250,000 acre-feet to the pool.

“We appreciate the focus, dedication and collaboration of our work group members,” said CWCB Director Rebecca Mitchell in a statement. “This workshop was the next step in sharing ideas for Colorado’s water future, and positioning our state as a national leader for cooperative problem solving.”

The eight major volunteer work groups, addressing such topics as the law, the environment, agriculture and water administration, will continue meeting throughout the year, with a mid-point report based on their findings to date due out sometime this summer.

Travis Smith, a former CWCB board member from Del Norte who is now participating on the agriculture work group, said he is hopeful that the work groups will be able to come up with a plan the public will endorse. Any final plan will likely have to be approved by Colorado lawmakers.

“Coming together to address Colorado’s water future is something we’ve been practicing through the [nine river basin roundtables] for years. Will we get there? Absolutely,” Smith said.

Jerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.

The February 2020 “Gunnison River Basin News” is hot off the presses

Click here to read the newsletter. Here’s an excerpt:

Attention K-12 teachers in the Gunnison River Basin – NEW financial assistance for water education now available (for example: bring your students to the Eureka Science Museum in Grand Junction). Please visit our website for more information.

The confluence of Henson Creek (left) and Lake Fork Gunnison River (right, against the wall) in Lake City, Colorado. By Jeffrey Beall – Own work, CC BY 4.0, https://commons.wikimedia.org/w/index.php?curid=73852697

2020 #COleg: HB20-1095 [Local Governments Water Elements In Master Plans]. “Everybody has to do something in order to create sustainability” — Greta Follingstad

From The Colorado Sun (Moe Clark):

To ensure that they don’t develop beyond the limits of their water supply, Riley says [Woodland Park] has closely integrated its land-use decisions with local water conservation and efficiency goals that align with the Colorado Water Plan.

A new bill at the Colorado Capitol hopes to encourage more local governments to do the same. House Bill 1095 says that if a community identifies it will need more water to grow, it should also include conservation measures for its existing supply.

“In a state that hates mandates, this is a gentle nudge for communities to make sure they are planning for the future when it comes to water,” said state Rep. Jeni Arndt, a Fort Collins Democrat who is bringing the bill.

Woodland Park via Ute Pass Cams.

The Colorado Water Plan five years ago set the goal that by 2025, 75% of Coloradans will live in communities that have incorporated water-saving actions into land-use planning.

Currently, 24 communities have completed the Sonoran Institute’s Growing Water Smart Training, a leading program that helps communities integrate land use planning and water conservation efforts, said Sara Leonard, a spokeswoman for the Colorado Water Conservation Board.

Leonard estimates that 15 to 20 more communities have participated in similar workshops, but many more would need to take part in order to meet the state’s goal…

HB20-1095 would also make permanent a temporary, partially grant-funded position in the Department of Local Affairs that assists local governments in integrating water conservation in their land use planning — though there is currently no money allocated in the bill to support the position.

“Historically, water resource planning and land-use planning have been implemented on parallel tracks. By separating these planning areas into different silos, the impacts from each on the other are not fully addressed,” Leonard said.

“With a growing population in Colorado, it is imperative to synchronize land and water planning to help planners to better understand the impact of new growth and redevelopment on future water demand in our urban areas.”

Today, Woodland Park has added dozens of regulations and ordinances into its zoning and building codes that focus on water conservation. It also limits the number of houses that can be built each year by setting a cap for how many new taps can be installed.

What the bill would do –– and what it wouldn’t

One of a dozen water bills introduced this session, ranging from water well inspections to fee exemptions, House Bill 1095 requires that if a local government’s comprehensive plan includes a water supply element, it must also include conservation policies.

A comprehensive plan is an advisory document that outlines long-term goals for community development, and often includes guidelines for things like transportation, utilities, land use, environmental protection, recreation and housing.

But comprehensive plans are not regulatory documents.

These conservation policies may include “goals specified in the state water plan, and may also include policies to implement water conservation and other state water plan goals as a condition of development approval, including subdivisions, planned unit developments, special use permits, and zoning changes,” the bill says.

Jeni Arndt. Photo credit: ColoradoCapitolWatch.com

Though state statute requires every municipality or county in Colorado to have a comprehensive plan, it doesn’t require them to include water element. But if it does, water conservation measures must be added the first time the plan is amended after the bill takes effect, but no later than July 1, 2025.

Gretel Follingstad, a Colorado-based land use planner and consultant who specializes in water resource management, said the language in the bill makes the recommendations “optional” and minimizes the bill’s potential impact.

“If you really want a strong policy around water, and you really want the state water plan goals to come to fruition, you need a will, not a may,” she said. “Because otherwise communities won’t do it if they don’t have the funding for it or they don’t have the political will, or if they don’t feel like they have a problem.”

But just by adding water into the local comprehensive plans, it’s changing the conversation, she said.

“We can’t change the fact that Colorado uses water districts as water suppliers and that those water districts are separate entities from their community,” Follingstad said. “All we can do is to teach the community planners that water is not infinite.”

[…]

In July, the Colorado Water Conservation Board released a technical analysis and update to the state’s supply and demand projections. The update examined water supply under five scenarios, with the two biggest drivers for water supply gaps being population growth and a warming climate.

The scenarios project that municipal and industrial water users may see water supply gaps ranging from 250,000 to 750,000 acre-feet by 2050. Approximately one acre-foot can support the needs of two families of four to five people a year, according to the Colorado Water Center at Colorado State University.

“It’s unlikely that conservation efforts can completely close the gap,” Arndt said. “But it can certainly help.”

Colorado Counties Inc., which lobbies on behalf of the state’ county governments, testified at the bill’s Feb. 3 hearing before the the House Rural Affairs and Agriculture Committee that its members worry the measure could open the door to formal regulations…

Gervais also added that counties and local governments already have the authority to include water planning in their land-use planning process. A 1991 law requires water utilities with a demand of greater than 2,000 acre-feet annually to have a water conservation plan.

“I’m glad we have that, but that’s not a substitute for a five- or 10-year visionary master plan,” Arndt said.

For Follingstad, comprehensive plans are crucial tools for communities envisioning the future. And that they can provide a policy framework for zoning and development regulations…

Avoiding the worst case scenario

Even though the bill doesn’t give local governments more authority, advocates hope it helps bring water conservation into the land-use conversation at the beginning of the community planning process, not the end.

“So, basically, utilities have been expected to come up with a supply to meet the demands,” Follingstad said.

“But when you insert population growth that’s beyond the capacities of many watersheds and water systems, and you insert climate change, which is making water, especially in the West, especially in Colorado because of the Colorado River compact, much more scarce — that’s not a sustainable system.”

Follingstad helped create the Growing Water Smart handbook — a guidebook that helps local governments integrate water conservation measures into their land use planning.

Since 2017, Colorado’s Water Conservation Board has worked with the Sonoran Institute and Babbitt Center for Land and Water Policy to host Growing Water Smart workshops in communities across Colorado. The next workshop is May 6-8 in Breckenridge.

The training focuses on reducing the demand for water by utilizing three key strategies: decreasing water use by modifying consumption behaviors; using technology and optimizing building or site designs to use less water; and increasing water recycling.

She says Colorado lags behind other states in terms of integrating water conservation into land use plans. And that lack of governmental guidance has created a false sense of security for some communities.

“Everybody has to do something in order to create sustainability,” she said. “And this is a way of making sure that towns and communities across Colorado, No. 1, understand that there is a state water plan and that the goals in that plan are real and serious and have consequences. And two, that there is a way at the local level that they can make a difference.”

If signed into law, the bill would take effect on Aug. 5.

The February 2020 “Confluence” newsletter is hot off the presses from @CWCB_DNR

Click here to read the newsletter. Here’s an excerpt:

Colorado Water Leaders Gather for Annual Water Congress Convention

On January 29 – 31, the Colorado Water Congress hosted its annual convention in Westminster, where hundreds of attendees discussed the biggest water issues facing Colorado this year. The Colorado Water Conservation Board moderated a variety of workshops and panels – covering the ongoing Demand Management Feasibility Investigation, Instream Flow Recommendations, Stream Management Plans, Water Conservation and Efficiency, Agriculture, Climate Change, and updates on the Colorado Water Plan.

Other highlights included a forum for Colorado state legislators to share their perspectives on upcoming water policy, as well as addresses from Attorney General Phil Weiser and Governor Jared Polis.

PHOTO: Chane Polo (Colorado Water Congress), Dianna Orf (Orf & Orf), Sen. Kerry Donovan, Rep. Dylan Roberts, Rep. Donald Valdez, Rep. Jerry Sonnenberg, Rep. Marc Catlin

2020 #COleg: Legislative Water Priorities in 2020 for #Colorado’s Rivers, Birds, and People — @AudubonRockies #ColoradoRiver #COriver #DCP #aridification #COWaterPlan

Rocky Mountain National Park October 2019. Photo: Evan Barrientos/Audubon Rockies

From Audubon Rockies (Abby Burke):

Policy priorities for the 2020 Colorado legislative session.

Colorado lawmakers returned to the Capitol on January 8th to kick off the 2020 legislative session. Even before bills were introduced, it was clear that the General Assembly will wrangle with issues that will touch every corner of the state and impact the daily lives of Coloradans. Water is one of these key issues.

Despite the optimism from a snowy December, Colorado’s snowpack is now starting to fall closer to average. Although Colorado is perched at 108 percent average snowpack statewide, much of the West Slope remains in drought conditions. With enough snowpack, flurries will melt and become flows for healthy rivers that support all of us. But as water supplies are becoming more unpredictable, sharing a limited water supply—statewide—between urban, rural, agriculture, industry, environmental and recreational needs is the challenge at hand.

Audubon Rockies is working with lawmakers and partners to prioritize water security for people, birds, and the healthy rivers that we all depend upon. Colorado’s birds and people cannot thrive unless our rivers do too. Here are three water priority areas for Audubon Rockies in the 2020 Colorado legislative session.

Funding Colorado’s Water Plan

Water security for Coloradans, birds, and rivers begins with implementing the state Water Plan. In the light of climate change and booming population growth, Colorado’s Water Plan, finalized in 2015, aims to ensure a sufficient supply of water for the various users across the state including environmental, agricultural, municipal, industrial, and recreational needs. Implementing Colorado’s Water Plan is projected to cost $3 billion in total, or $100 million a year over the next 30 years.

In November 2019, voters approved Proposition DD to legalize sports betting and a 10% tax on these casino revenues which will result in an estimated $12 million to $29 million annually, the majority of which will go toward the Water Plan. Proposition DD is expected to generate more than $7 million in new tax revenue for the Colorado Water Plan in 2020, a significant bump up from past funding sources.

At this point, it is not clear how the state will spend these dollars given the various priorities and the considerable Water Plan funding gap. The language in DD was vague and will need refinement and transparency. Stakeholders and lawmakers will likely explore options with the legislature to guide how DD funds are spent on Water Plan implementation.

Audubon will advocate for spending that supports healthy rivers for the birds and people that depend on them, as we support a fully funded Water Plan.

Supporting the Colorado River

In 2019, the Drought Contingency Plan was adopted by the upper and lower Colorado River basin states. One of next steps for Colorado and the other upper basin states is to investigate the feasibility of a demand management program. The Water Resources Review Committee recommended SB20-024 to create a robust public engagement process similar to the development of the Water Plan before adopting any rules or recommendations regarding demand management. While public input is nearly always a positive, this process seems to get ahead of the process established by the Colorado Water Conservation Board’s (CWCB) demand management workgroup. Audubon is monitoring SB20-024.

With Colorado’s water supply becoming more unpredictable and valuable, particularly on the West Slope, concerns were raised by the Water Resources Review Committee to address anti-speculation. Specifically, concerns were raised that agricultural water rights are being sold to entities with no real interest in farming or ranching in Colorado that are holding those rights for future, more profitable transactions. SB20-048, Study Strengthening Water Anti-Speculation Law, would create a working group to explore ways to strengthen anti-speculation laws and report its findings and recommendations to the committee next year. Audubon is in favor of SB20-48 to keep Colorado’s water out of the hands of risky transactions. We need to support our agricultural heritage and the habitats our working landscapes provide.

Instream Flow

For the second year, Colorado lawmakers will see the return of two similar bills attempting to expand the instream flow program. Since 1973, the instream flow program has given the CWCB the unique ability to hold instream flow rights—water rights with the sole purpose of preserving the natural environment by remaining in streams or lakes. First, HB20-1037, Augmentation of Instream Flows, is essentially a rerun from last year with key benefits for the Cache la Poudre River near Fort Collins. The bill permits the CWCB to use water for instream flow purposes, if the water has been decreed for augmentation without seeking a further change of use in water court. (Augmentation water restores water uses that are out of priority.) This would create a new pool of water, with lower administrative costs, which could be available for instream use.

The second bill, HB20-1157, Loaned Water For Instream Flows To Improve Environment, looks to expand the existing instream flow loan program. Under the current law the instream flow loan program allows water right holders to loan water for three years out of a 10-year period to the CWCB to preserve water for rivers where there is an existing instream flow water right. The current program participation is not renewable.

HB20-1157 looks to expand the instream flow loan program by increasing the years of participation from three to five years in a ten-year period, and allow for two additional ten-year renewal periods. It also supports greater notification to local water users, provides for an expedited process to address water-short river emergencies, and adds a longer term procedure for loaning water to instream flow decreed river segments for improvement of the environment. The instream flow loan program is completely voluntary and allows greater flexibility for the water right holder to use their property right in a beneficial way.

In 2019, a similar bill to HB20-1157 passed the House of Representatives only to die in Senate Committee. Perceptions around the potential impacts to soil health from fallowed fields and on historical irrigation return flows from leaving water in stream rather than applying it on the land may have caused the bill to fail. With robust engagement and input from Audubon, partners, stakeholders and the Colorado Water Congress over the past year, bill sponsors are more optimistic for successful instream flow loan expansion in 2020.

Audubon supports multiple tools in the toolbox to support healthy rivers, agriculture, and economies. HB20-1157 and HB20-1037 bring greater flexibility and beneficial options for rivers and water right holders.

A new Colorado bill would allow water users to divert less water during dry years, helping to keep rivers flowing. Amid climate change, our rivers need this kind of flexibility. Urge your representative to support HB20-1157.

Guest Column: Should a water management plan be developed for the White River? — The Rio Blanco Herald-Times #COWaterPlan #ColoradoRiver #COriver #aridificatiion

White River Basin. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69281367

Here’s a guest column from the White River Conservation District that’s running in The Rio Blanco Herald-Times:

The State of Colorado adopted the Colorado Water Plan in 2016. The Plan proposes to create a water management roadmap to achieve a productive economy, vibrant and sustainable cities, productive agriculture, a strong environment and a robust recreation industry. Specific to protecting and enhancing stream flows, the plan calls for 80% of locally prioritized rivers to be covered by Stream Management Plans (SMP) by 2030.

Through this effort, locally-led groups are encouraged to develop plans that will help meet the above 80% goal. The Water Plan initially encouraged only SMPs using biological, hydrological, geomorphological and other data to assess the flows or other physical conditions that are needed to support collaboratively identified environmental and/or recreational values.

However, experience across the State has shown the need to incorporate a more holistic approach including consumptive uses (agriculture, municipalities, energy, etc.). These types of plans are often called an Integrated Water Management Plan (IWMP). The local community is encouraged to determine what they want to accomplish and then find the right planning effort to help them achieve their goals.

The White River and Douglas Creek Conservation districts embarked on an effort in 2019 to identify what local needs can be met through the development of a plan and to determine community support for this effort. The districts are working with a Planning Advisory Committee (PAC) made up of 16 individuals representing agriculture, municipalities, industry, environment, recreation and land/water right holders. The committee is well balanced geographically within Rio Blanco County and members have strong knowledge of water rights, water quality and quantity concerns, water planning efforts, and local customs and cultures.

During December, district staff conducted approximately 25 interviews of local citizens identified by the committee. Questions developed by the committee were used for the interviews. The information gathered from the interviews are being used to develop a starting point for the much broader discussion within the community during January…

More information on the process and Planning Advisory Committee is available on the districts’ website at http://www.whiterivercd.com. Please contact the district office at 970-878-9838 with any questions. We look forward to your input.

Submitted by White River Conservation District

The January 2020 newsletter is hot off the presses from the Water Information Program

Click here to read the newsletter. Here’s an excerpt:

Demand Management – a Hot Topic!!
There was an in-depth conversation around the Demand Management topic!

Celene Hawkins stated that the Demand Management workgroups are just at the beginning stages of work and there are still many questions. There is a greater need for coordination and keeping a steady pace of the work, while not moving too quickly so as to not miss things, as these are very complicated issues and need to take that time that is needed to do the work. There will be a joint IBCC and Demand Management work-group meetings that will take place March 4-5 where discussion could take place about that better coordination and how the CWCB can support the work-groups moving forward.

Russell George stated that the IBCC is not a work-group in Demand Management, they intentionally stand aside because they wanted to be ready as the IBCC to pick any particularly thorny question with the statewide implication that needed their help. The IBCC believes that at this point in time, and because of what’s going on with the river as a whole and the water levels of the big reservoirs, Demand Management becomes probably one of the most important issues for discussion on Colorado water issues that there is today. George explained that we owe it to the other Upper Basin states who are going through this drill, to work together to find an approach that works in all four states or to learn together that Demand Management can’t be done. Whatever conclusion is reached, it needs to be based on open and careful consideration of Demand Management as a tool that is being evaluated, as called for in the Drought Contingency Plans and Legislation.

Southwestern Water Conservation District Area Map. Credit: SWCD