Article by John Orr
Water – March 2008 – Colorado Central Magazine
General Assembly water bill update
Every legislative session Colorado’s lawmakers take a stab at passing new water legislation. This year is no different. So far three bills have been shelved.
* First to go down was HB 08-1044 (Excess Augmentation Credits Spot Market), introduced by Mary Hodge down in the South Platte Basin. This was an attempt to allow entities to loan excess augmentation credits to other users on the same stream in the same year without a trip through water court. Objectors, primarily representing large cities on the Front Range, worried that accurate accounting would suffer.
* The second water bill to meet an early end was Kathleen Curry’s HB 08-1141 (Require Sufficient Water Supply). The bill would have required a report from a certified engineer, along with a letter from the State Engineer, as proof that there was a sustainable water supply, before county commissioners could approve a new subdivision. Curry believes, “this state is incapable of sustaining an indefinitely growing population.” She hoped the bill would take pressure off agriculture and the West Slope for the future needs of unbridled growth.
But for critics it was an attempt to halt growth and undermine county authority. Some have long resented any state regulation of water supply and distribution. Their flare up in opposition motivated Representative Curry to shelve her bill in early February.
* The third bill to bite the dust, HB 08-1137 (Wildlife Commission Acquisition of Property), did not make it out of committee. It would have required the Department of Wildlife to dispose of land equal to any new purchase so that total assets did not grow. The sponsor, Representative Sonnenburg, claims that DOW land purchases have grown “immensely” over the years and that the agency should be relying on easements and leases instead.
Representative Curry, who chairs the House Agriculture, Livestock and Natural Resources Committee, opposed, saying, “I have a lot of support for the DOW’s efforts. They have really stepped up and bailed us out when we couldn’t (protect lands) locally. That is why I won’t be supporting HB 1137.”
More Bills
* SB 08-036 (Water Supply Reserve Account) will amend existing law so that funds can stay in the account longer than the current five years and that funds repaid will stay in the account. The funds, generated by oil and gas severance taxes, are for projects that mitigate the effects of energy development across the state.
*Central Colorado will be taking a good look at HB 08-1165 (Strengthen Mining Regulation Standards). The bill’s intent is to increase the regulatory authority of the state’s Reclamation, Mining and Safety Board over all hard rock mining in Colorado, by increasing the size of the board to include the executive director of the Department of Public Health and Environment and at least one member representing local governments. It includes provisions to consider human health and environmental risks during the permitting process. At the introduction of the bill Representative Curry said she intends to approach it slowly and thoughtfully, “I want to know whether we’ve roped in the whole hard rock industry with this…. [We] need to start having the right group of players around the table talking.”
* SB 08-119 (Authorize Domestic Exempt Cisterns) is an attempt to exempt some cisterns from prior appropriation. It would allow homeowners to collect water that falls on the roof of a primary residence and use it for, “Ordinary household purposes; Fire protection; The watering of poultry, domestic animals and livestock on farms and ranches, and; Irrigation of not more that one acre of gardens and lawns.”
* HB 08-1280 (Colorado Watershed Protection Fund) would make it easier for water rights holders to make temporary transfers via contracts with the Colorado Water Conservation Board to increase in-stream flow. The bill, “Specifies that the time during which the Colorado water conservation board uses water rights for instream flow purposes, pursuant to a contract, is excluded from the water court’s historic consumptive use analysis and shall not be considered as abandonment of the water right.” The bill is included in a legislative package dubbed the “Healthy Rivers Campaign,” and a coalition of legislators and environmental groups are behind the effort.
Although some legislation has yet to be introduced, the “Healthy Rivers Campaign” will include a bill to provide, “tax incentives for water-right owners who leave their water in local streams and rivers,” according to Dan Grossman from Environmental Defense in Boulder. The third piece of the puzzle will, “create a $1 million fund as part of the annual water projects bill originating from the Colorado Water Conservation Board, to assist state purchase of water rights for the sole purpose of keeping healthy water flows in local rivers and streams,” said Grossman.
Short Takes
* At a meeting of the Rio Grande Water Conservation Board earlier this year members heard that the San Luis Valley’s aquifer may be on the rise. The unconfined aquifer saw a recovery of more than 242,000 acre feet.
* Zebra mussels have been identified in Lake Pueblo. The DOW does not expect the critters to move upriver but they are still cautioning recreationists to be careful when moving boats and other water toys to other areas of Colorado. A thorough cleaning with hot water is the primary tool to use.
* The recently formed Conifer Water LLC plans to run a new water supply pipeline and possibly a return flow pipeline between Bailey (North Fork of the South Platte River) and Conifer in an attempt to reduce pressure on groundwater supplies. One customer may be Will-O-Wisp. They have the potential of picking up 450 new homes (in addition to their existing 100 or so) near Pine Junction.
* Mt. Crested Butte Water and Sanitation District plans to move ahead with geotechnical studies for a proposed reservoir near the base of Snodgrass Mountain after their recent settlement with the land owners.
* Readers in Jefferson County, who use well water, are encouraged to participate in the county’s well testing study of radiation levels. Contact the Jefferson County Department of Health & Environment (303.271.5714).
* Governor Ritter is supporting Creede and Mineral County in their attempt to get Superfund designation for the Nelson Tunnel and the Commodore waste rock pile. They’re seeking federal funding to help with point source pollution mitigation.
* Nominations are still being accepted for the fourth annual Bob Appel – Friend of the Arkansas award to be presented at the April 30-May 1 Arkansas River Basin Water Forum in Westcliffe. The award is presented to an individual who has over the years demonstrated a commitment to improving the condition of the Arkansas River. For details see www.arbwf.org.
John Orr follows water issues at http://coyotegulch.net. Please send story ideas and links to jworr [AT] operamail [DOT] com
