The Mussel-free Colorado Act came from the interim water resources review committee and was signed into law by Gov. John Hickenlooper on April 23.
Since they were first found in a lake outside of Detroit in 1988, zebra and quagga mussels have become a huge problem for waterways in the eastern half of the United States, particularly the Great Lakes.
Sightings have been rare in Colorado but they have happened: at Lake Pueblo in 2008, at Green Mountain Reservoir in 2016 and in March outside of Grand Junction. In 2017, according to the state Division of Parks and Wildlife, 25 boats were found contaminated with mussels, up from 22 boats in 2016. Those boats had all come from other states, with Lake Powell in Arizona and Lake Havasu in California as the places where the mussels most likely came from…
Fears that the nuisance could to do to Colorado’s water system what it’s done to systems back east prompted lawmakers to ramp up the state’s aquatic nuisance detection program, which has been underfunded for years.
Under House Bill 1008 — the mussel-free law — beginning January 1, Colorado residents will pay $25 for an aquatic nuisance stamp for their boats in addition to the boat registration free. Non-residents will pay $50 to use their motorboats or sailboats in state waterways.
The fee is expected to raise $2.2 million that will help Colorado Parks and Wildlife keep boat inspection sites open for longer hours and for a longer season. Doug Kreiger of CPW told the interim water committee last year that budget cutbacks have meant boaters could avoid inspections, such as putting their boats in reservoirs on private land or at the public ramps when inspectors aren’t available.
The law also will allow the division to recoup the cost of decontaminating boats that show up with mussels attached to boat or boat motors, anchors, anchor ropes, fishing gear, and boat trailers.
The water committee also carried two of the recycled water bills: to allow recycled water to be used for industrial hemp and for irrigating marijuana crops.
Recycling water — the process for treating water and then reusing it — isn’t new in Colorado; it’s been a part of irrigation for agriculture for years. But it’s gaining new attention, thanks in part to the state water plan. It noted that 25 utilities, mostly on the Eastern Slope, are already treating and recycling non-potable water and would look for additional ways for using recycled water as a way of addressing Colorado’s looming water shortage, with a goal of finding 170,000 acre-feet through recycling.
The water plan cites as an example the Colorado Springs utility, which uses recycled water for irrigation at golf courses, parks and other properties, as well as for cooling towers at local power plants. The utility reported in 2016 that reuse saves one billion gallons of drinking water every year.
Senate Bill 38, signed into law on April 28, would add industrial hemp on the list of approved crops irrigated with recycled domestic wastewater and in accordance with existing water rights. Industrial hemp is a crop that under the bill could not be used for food production.
Sen. Don Coram of Montrose, the bill sponsor, explained that hemp is a high-protein crop, higher than alfalfa, and that it poses no risk to cattle, for example. The bill was supported by the Colorado Water Rights Association, the Colorado Water Congress and the hemp industry.
The bill was amended to address concerns about water quality.
The bill allowing recycled water for irrigation of marijuana — House Bill 1053 — wasn’t as lucky and died in the Senate Finance Committee, at the request of its sponsor. The marijuana industry opposed the bill, based on concerns that the law would require cultivators to use recycled water that could contain pesticides that cannot by law used on cannabis plants.
Would you use recycled water to flush toilets? Colorado law changed a couple of years ago to allow developers to build greywater systems in new homes, but left out existing homes and businesses.
House Bill 1069, signed on April 30, would let businesses and multifamily residences, such as apartments, condos and townhomes, to flush toilets with recycled domestic wastewater. The state’s plumbing code is changed under the law, and toilet plumbing would have to be retrofitted to accommodate the rerouting of recycled water.
The General Assembly also changed state law on water quality to allow recycled water to be used to irrigate food crops, but only if that water meets the water quality standards for commercial crops under the Food and Drug Administration’s Food Safety Modernization Act. That bill was signed into law on April 28.
The law does not apply to big agriculture, according to the sponsor, Democratic Rep. Jeni Arndt of Fort Collins. She said the intention is to use recycled water to replace drinking water that is used to irrigate indoor grows;l community gardens; community-supported agriculture, usually farms of one acre or less; and other forms of urban agriculture.
Finally, the General Assembly put another $7 million toward implementing the state water plan. Under Senate Bill 218, $3 million would go toward developing additional storage, recharging aquifers and dredging existing reservoirs to add capacity; $1 million for agricultural projects; $1 million for grants that would implement long-term strategies for conservation, land use and drought planning; $500,000 for grants on water education and $1.5 million for environmental and recreation projects. That bill was signed into law on May 30.
On June 19, the interim water resources review committee is scheduled to meet in Denver to review a study commissioned in 2016 to look for new or enhanced water storage opportunities along the South Platte River, primarily in northeastern Colorado.