Board of Directors January 2017 Quarterly Meeting News Summary

Transcription

1 Board of Directors January 2017 Quarterly Meeting News Summary Page The Colorado River District Board of Directors for 2017 as of the January 17-18, 2017 quarterly Board meeting were, from left, sitting: Mike Ritschard of Grand County, Alden Vanden Brink of Rio Blanco County, Stan Whinnery of Hinsdale County and Tom Gray of Moffat County; from left, standing, Bill Trampe of Gunnison County, John Justman of Mesa County, Dave Merritt of Garfield County (new Board Vice President), Kathy Chandler-Henry of Eagle County, Karn Stiegelmeier of Summit County, Marti Whitmore of Ouray County, Doug Monger of Routt County, Tom Alvey of Delta County (new Board President) and John Ely of Pitkin County. Since the Board meeting, Steve Acquafresca has joined the Board to take the Mesa County seat. Not pictured in the group picture are Rebie Hazard of Saguache County and Marc Catlin of Montrose County. For a full report, please see page 2. Steve Acquafresca Marc Catlin Rebie Hazard

2 Board of Directors Meeting Summary Page 2 January 2017 Board adds three new members, elects officers Two new Directors joined the Colorado River District Board at its January quarterly meeting where the Board also elected new officers. Subsequent to the meeting, a third new member joined the Board. Newcomers installed at the meeting were Summit County Commissioner Karn Stiegelmeier and Eagle County Commissioner Kathy Chandler-Henry. They replaced Gary Martinez of Summit and Jon Stavney of Eagle, both of whom resigned because of career transitions. After the Board meeting, the Mesa County Commissioners made a new Board appointment: Steven Acquafresca, who replaced Mesa County Commissioner John Justman. Justman served through the January meeting. Acquafresca, an orchardist, rejoins the Board after one term off it when he was term-limited as a Mesa County Commissioner. The appointment had then gone to County Commissioner Justman, who still holds that county office. The new Board officers are President Tom Alvey, an orchardist, the Delta County Director, and Vice President Dave Merritt, an engineer, the Garfield County Director. Each serves a one-year term, as per the Board s bylaws. The Colorado River District Board is composed of 15 members, each representing one of the 15 constituent counties that form the District. Each year, five members are up for reappointment to a three-year term. The respective County Commissions hold the power of appointment. This year, because of the resignations of Martinez and Stavney, the two first-time Directors were appointed out of cycle. Meanwhile, three of the other five Directors up for their in-cycle appointments, aside from the Mesa seat, retained their positions. They include John Ely of Pitkin County, the County Attorney; Tom Gray of Moffatt County, a rancher; and Doug Monger of Routt County, a County Commissioner. The Colorado River District was created by the Colorado General Assembly in 1937 to be a watchdog and policy leader in matters of protecting and developing the Colorado River system for western Colorado. The member counties are Moffat, Rio Blanco, Mesa, Routt, Delta, Montrose, Ouray, Hinsdale, Saguache, Gunnison, Pitkin, Eagle, Summit, Grand and Garfield counties. Other incumbent directors besides Alvey and Merritt are Al Vanden Brink of Rio Blanco County, manager of the Rio Blanco Water Conservancy District; Marc Catlin, a state legislator from Montrose County; Marti Whitmore, the Ouray County Attorney; Bill Trampe, a Gunnison County rancher; Stan Whinnery, a Hinsdale County Commissioner; rancher; Rebie Hazard, a rancher from Saguache County; and Mike Ritschard, a rancher from Grand County. Catlin, it should be noted, is now a Colorado State Representative, having been appointed this month to fill a vacancy in House District 58. He replaces Rep. Don Coram who was appointed to fill a vacancy in Senate District 6 with the resignation of Sen. Ellen Roberts.

3 Board of Directors Meeting Summary Page 3 January 2017 Board preparing to hire a new GM; Eric Kuhn to retire The Colorado River District Board of Directors is gearing up for a full year s process to hire a new General Manager by December 2017 with the pending retirement of Eric Kuhn, who has held the position for 21 years and has worked at the District for 36 years total. Kuhn announced last year that he would conclude his River District career by early At the January 2017 quarterly Board meeting, Directors took their first look at a hiring scenario and a job description. Additionally, they reviewed a draft Strategic Plan they started in 2016 that in the whole reaffirms the direction of the River District. It will be used to inform the hiring process as well as guide the District in its current work. Once Directors make comments in the next few weeks, the plan will be posted on the Colorado River District s website, well in advance of the Board s April 18, 2017 quarterly meeting when the Board may move for final adoption. At the Colorado River District, the Board hires the General Manager who is responsible for employing and managing the staff exclusive of the General Counsel. The General Counsel is also hired by the Board. Eric Kuhn The General Manager serves as the chief executive and operating officer of the organization and acts as the Secretary to the Board. The position is responsible to the Board for all business operations, technical services, financial reporting and personnel management. The GM as well represents the District on water policy matters and provides support to the District s water rights and other assets and legal issues. A recruitment ad will be posted in the second quarter of the year. Legislation considered to protect piscatorial, recreational uses of water The Colorado River District and a coalition of 60-plus water attorneys are working on legislation to address the St. Jude s Colorado Supreme Court decision from 2015 that said direct-flow water diversions for recreational, piscatorial and aesthetics are not beneficial uses of water under existing Colorado water law even though existing water rights are adjudicated for those uses. Colorado River District General Counsel Peter Fleming told the Board of Directors that adverse legal consequences loom for existing and conditional water rights decrees for these uses and that language from the case has already found its way into other water rights cases. The ruling on recreational uses could jeopardize reservoir releases made under municipal-recreational contracts that benefit endangered fish flows in the Colorado River at Grand Junction such as now occur from Green Mountain Reservoir. After being stymied with legislation in 2016, the group is now focusing on narrower language for Here is what contemplated legislation would do: - Recognize and validate existing absolute and conditional decrees for recreational and piscatorial uses filed prior to the July 15, 2015 Supreme Court decision; and - Confirm existing and future releases of stored water for non-consumptive uses. For a full discussion of this issue, go to the General Counsel Board Report at How to contact us: edinfo@crwcd.org, or call x 236 website:

4 Board of Directors Meeting Summary Page 4 January 2017 Colorado exploring new ways to avert buying and drying of farmland for muncipal water What: Rotational farmland fallowing is seen as a way to share irrigation water with the cities What s Next: Colorado is working on a goal to create 50,000 acre-feet of water supply by rotational fallowing, known as ATMs ATMs, in the world of Colorado water policy, are not the cash machines employed by many to put a little green in their pockets. Rather, they are Alternative Transfer Methods (ATMs) to the outright buying and drying of farmland that fallows entire farms in order to move irrigation water to city population centers for new water supply. ATMs represent the rotational fallowing of food production and compensation for the foregone water. Producers still own the water rights. Water is, in a sense, a cash crop. Colorado s Water Plan laid out an ATM goal for the state of Colorado to create 50,000 acre-feet of water supply for the growing cities, primarily on the Front Range. That is an aggressive goal. That is a lot of water, River District General Manger Eric Kuhn told the Board of Directors. The Colorado River District, the Colorado Water Conservation Board, the Interbasin Compact Committee (of the Roundtable process) and others are working on methods and policies to boost ATMs. Work on ATMs is often expressed in discussions about water banking. Kuhn noted there is a distinction between ATMs and water banking to be made. In western Colorado, the River District s work is related to moving conserved consumptive use water to Lake Powell, to avoid compact problems, boost water levels and protect the ability to generate power. On the Front Range, ATMs and water banking are meant to create supply to city taps. As was expressed in a number of recent Colorado meetings to discuss ATMs, it has become clear that Colorado faces organizational, legal and financial challenges in trying to advance ATMs, Kuhn said. However, the agricultural community is ready to dig into the details, he noted. I see building support in the Front Range ag community it could be commodity prices but that is not the only reason. They are looking for reasons to participate in ATMs so Colorado does not end up with Front Range communities owning all of the ag land up and down the South Platte River, Kuhn said. Historically, cities have been hesitant to embrace ATMs because they would rather have the permanency and certainty of outright owning the water rights, Kuhn said. A new idea to address that concern is a dynamic permanency whereby ag could provide the cities water forever, but with ag moving it around from a variety of sources in a way that is permanent but flexible so producers can still work the land. The questions are whether the cities would accept this and whether it can be economically feasible, Kuhn said. To read Kuhn s full memo to the Board, go to

5 Board of Directors Meeting Summary Page 5 January 2017 Risk Study prompts intra-state controversy What: The Colorado River Risk Study commissioned by the River District and the West Slope Basin Roundtables prompts Front Range Water Council concern What s Next: The Colorado Water Conservation Board Director is facilitating discussions to keep the work advancing through a proposed Phase II Colorado Water Conservation Board Director James Eklund is facilitating a discussion among Roundtable members from both sides of the Continental Divide to arrive at how Phase II of the Colorado River Risk Study, which analyzes how low Lake Powell water levels pose a risk to current water users, will proceed. The Colorado River District, with assistance from the Southwest Water Conservation District, contracted a consultant to work on the study to advance western Colorado discussions about Colorado River development or risk of curtailment should low Lake Powell levels occur. Phase I of the report found that if a drought of the magnitude of recurred with Lake Powell now half full, the giant reservoir could be drained without corrective action. The 2002 drought occurred with the reservoir essentially full but the ensuing 16-year dry period that really started in 2000 has since taken the 24 million acre-foot storage facility to half of its capacity. The four West Slope Roundtables commissioned Phase I of the Risk Study in order to develop technical data so they could have their own discussions about western Colorado water development and risks to current water users. Front Range interests, who also use Colorado River water through transmountain diversions, asked to participate and they were welcomed to a Technical Advisory Committee. The four West Slope Roundtable chairs invited the Front Range Roundtables to participate financially in Phase II, as well. This prompted a protest letter from the Front Range Water Council (FRWC), asking the state and the Front Range Roundtables to reject continued work. The FRWC includes Aurora Water, Colorado Springs Utilities, Denver The bathrub rings at Lake Powell tell the tale of it being only about half full. Water, Northern Water, the Pueblo Board of Water Works, the Southeastern Water Conservancy District and the Twin Lakes Reservoir and Canal Co. The CWCB will referee the scope of work to find common ground. Eric Kuhn, the River District General Manager, told the Board of Directors at their January meeting that the water conservation districts are committed to advance the study, preferably with statewide collaboration. I am fairly optimistic, Kuhn said. Board President Tom Alvey cautioned that the danger here in trying to involve the Front Range is that it may gut what we really want to find out. Director Tom Gray of Moffat County said that the purpose of the study in the beginning was to get the West Slope together on the subject of risk so we have a unified message... Now it feels like we are not getting anywhere with that goal by including the East Slope into what we are doing. We all have the same concerns. But there were things the East Slope did not want to hear but that interest me, said Director Doug Monger of Routt County. More details can be found in Kuhn s Board memo at How to contact us: edinfo@crwcd.org, or call x 236 website:

6 Board of Directors Meeting Summary Page 6 January 2017 Board begins seasonal work to review bills in Colorado Legislature What: The Colorado legislative session has started; Colorado River District Board member Marc Catlin is appointed to a vacancy in the Colorado House of Representatives What s Next: The Colorado River District will continue to represent western Colorado on water bills and other legislation that would impact the water community The Colorado River District Board of Directors reaffirmed its commitment to ensuring western Colorado s voice is heard at the Colorado legislature. The legislative session began Jan. 11. In addition to committing nearly an hour to legislative matters, the Board established a schedule of bi-weekly meetings to provide direction and receive updates that will continue through the end of the legislature s 120-day session. The first of these meetings was set for Feb. 2 at noon. These meetings will be by telephone, every other Thursday, continuing after Feb. 2. Chris Treese, Manager of External Affairs, reviewed the session with a news bulletin. As a result of Senator Ellen Roberts (R-Durango) resigning her seat with two years remaining in her final term, the vacancy committee moved up to the Senate recently re-elected Representative Don Coram (R-Montrose). In Representative Coram s newly vacant House seat, the committee selected River District Montrose Director Marc Catlin to serve in the House of Representatives. Director/ Representative Catlin plans to retain his appointment to the River District Board. Treese noted that Colorado once again has a politically divided legislature. The Senate will be led by Republicans with a narrow majority of mostly familiar faces; eight of the 10 new Senators are former House members. House Democrats held or won all competitive seats in November. Accordingly, Democrats will enjoy a strong majority in the House; Democrats held a three-seat majority in 2015 and Only one West Slope seat changed as a result of November s elections. Representative J. Paul Brown (R-Ignacio) lost to Barbara McLachlan (D-Durango). Representative McLachlan is the wife of former House member Mike McLachlan (D-Durango, ). Treese highlighted other significant changes in the Legislature, including the size of the Senate Agriculture, Livestock and Natural Resources Committee. It grew from seven to 11 members, and was expanded in part to ensure newly appointed Senator Coram could serve on the Senate Ag Committee. Treese also noted that the West Slope has several fewer members in both the Senate and House Ag Committees compared to past years. While the West Slope has four seats on the 11-member Senate Ag Committee, the West Slope only enjoys two seats on the 13-member House Ag Committee. Typically, all water bills are assigned to the Ag Committees. The Board adopted formal positions on the six pieces of legislation that had been introduced in the first five days of the legislative session preceding the quarterly meeting. To stay abreast of Board positions, please go to bit.ly/2kc2uaj.

7 Board of Directors Meeting Summary Page 7 January 2017 Board hears Federal update What: Old Congress passes financing for water infrastructure; new Congress acts to rein in regulations What s Next: New Congress still has to ratify a budget bill for this year by April 28; Colorado River issues, the Farm Bill on tap in this session The Colorado River District Board was briefed by External Affairs Manager Chris Treese on federal government matters of District interest, and it affirmed the Board s priorities for the 115th Congress. Treese first explained the closing 114th Congress actions on water matters. Of significance, with broad bi-partisan support, the Congress passed and President Obama signed the Water Infrastructure Investments of the Nation (WIIN) Act into law in December. This bill included funding and authorizations for the Army Corps of Engineers and Bureau of Reclamation projects and programs. It provided additional flexibility for spending from the Water Infrastructure Fund, authorized $355 million in Reclamation water-supply infrastructure projects, appropriated $100 million for the successful WaterSMART grant program, and delegated certain water project approval authorities to the Secretary of the Interior that had previously required Congressional approval. How to contact us: edinfo@crwcd.org, or call x 236; website: The last Congress failed to pass a budget bill for the current fiscal year. To avoid a government shutdown, Congress passed a Continuing Resolution extending federal spending through April 28, The 115th Congress will either have to pass the 12 individual appropriations bills that comprise the federal budget or pass another Continuing Resolution to fund the federal government through the end of the current fiscal year (September 30). Treese noted quick House passage of H.R. 26, the Regulations from the Executive in Need of Scrutiny Act (REINS Act) in the 115th Congress. This legislation stipulates that no major Executive branch rule could go into effect unless Congress passes a joint resolution of approval. A major rule would be defined as any rule with an annual effect on the economy of $100 million or more. The House passed similar legislation in the 114th Congress, but the Senate failed to address it. The new Senate is expected to take this up early in the session. The Board confirmed its interest and investment in maintaining the District s participation in federal issues that uniquely or disproportionately affect western Colorado and the Colorado River. The Board acknowledged the challenges ahead with the new Administration and the considerable unknowns and significant delays associated with the Presidential transition. It directed more than a dozen priority issues for staff involvement ranging from Colorado River operations to seeking full benefit for western Colorado from an expected Farm Bill. Future meetings Special Joint Teleconference Meetings to discuss legislation: every other Thursday, noon, starting Feb. 2 Executive Committee Meeting: March 16, Glenwood Springs Second Regular Quarterly Meeting April 18, 2017, Glenwood Springs Colorado Water Workshop: June 21-23, Western State Colorado University, Gunnison Third Regular Quarterly Meeting, July 18-19, 2017, Glenwood Springs Colorado Water Congress Summer Convention: Aug , Vail Special Joint Meeting/2018 CRWCD Budget Workshop, September 14, 2017, Grand Junction Colorado River District Annual Water Seminar, September 15, 2017, Two Rivers Convention Center, Grand Junction Fourth Regular Quarterly Meetings, October 17, 2017, Glenwood Springs Colorado River Water Users Association Convention: Dec , Las Vegas

8 Board of Directors Meeting Summary Page 8 January 2017 In the picture above, Peter Fleming, left, the Colorado River District s General Counsel, was honored for 15 years of service, with Board President Tom Alvey noting the service anniversary. The Colorado River District presents milestone awards every five years to its staff members. At right, Senior Water Resources Specialist Mike Eytel receives his 10-year honors from Chief Engineer John Currier. Board reviews policies on compacts, entitlement, marketing and TMDs The Colorado River District Board reviewed five of its existing policies at the quarterly meeting. The Board reviews roughly onethird of its policies annually. Policies must be on meeting agendas for at least two quarterly meetings before final action may be taken. The Colorado River Compacts policy reaffirms that the primary purposes of the compacts are to provide legal certainty regarding how much water each of the seven basin states can develop and to allow states to develop their water resources when the water is needed. The Colorado s Entitlement to Colorado River Basin Water policy advocates for statewide efforts to determine Colorado s current use and remaining water development potential of its Colorado River Compact allocation. Impacts of a curtailment of water rights to meet Colorado s obligations under the 1922 and 1948 compacts would cause significant harm to the welfare of the state; therefore, the first priority is to avoid such a curtailment. The Interstate Water Marketing policy states that the River District opposes any proposal to market Colorado River water between the Upper and Lower Colorado River Basins without the unanimous consent of all seven basin states. The District also opposes marketing of Compact-related waters among states of the Upper Colorado River Basin without similar, unanimous consent of the Upper Basin states. The Transmountain Water Diversions policy acknowledges that the vast majority of Colorado s water is on the western side of the Continental Divide, while Colorado s population lives predominantly along the Front Range on the state s Eastern Slope. As a result, Colorado has dozens of water projects that divert water from the Colorado River basin across the Continental Divide. Large transmountain diversions often significantly impact the basin from which the water is diverted, therefore, water diverted across the Continental Divide is to be used and reused whenever legally allowable and that it be integrated into an overall program of water conservation. The Colorado River Storage Project Act (CRSPA) policy reaffirms the River District s support for the development of authorized and participating projects under the CRSPA wherever economically, hydrologically and environmentally feasible. The River District will advocate for fulfillment of the purposes of the Upper Basin Fund, including its use to support construction and development of CRSPA projects. For full-text of these revised and previously approved policies please visit To comment on the five policies currently under review, please submit to edinfo@crwcd.org.

9 Board of Directors Meeting Summary Page 9 January 2017 First contracts authorized for the Lower Gunnison Project The Lower Gunnison Project (LGP) modernizes specific agricultural infrastructure in four focus areas, with the objective of improving water availability, water quality, soil health and instream habitats. Funding for this $50 million collaborative project combines $8 million directed funding from the National Resources Conservation Services (NRCS) along with more than $42 million of U.S. Bureau of Reclamation funding to enact the vision of a broad partnership of local agricultural producers, irrigation districts, ditch companies, conservation and conservancy districts, environmental organizations, and state and local governments. The Colorado River District is acting as an agent of the NRCS to directly manage the $8 million of this funding, under an Alternative Funding Agreement, for water user entities in four regions: Bostwick Park, Crawford, North Fork and the Uncompahgre Valley Project area. Qualifying work in these areas integrates off-farm delivery systems with on-farm application projects. At the January quarterly meeting, the Board authorized staff to enter into contracts with the beneficiaries of the LGP (i.e., those water user entities that own and operate the facilities that are being improved under the LGP). Board authorization allows for: 1) Execution of a number of separate contracts with local sponsors (primarily water conservancy districts One of the goals for the Lower Gunnison Project is to modernize off-farm irrigation water conveyances such as the one in the photo. To review a presentation on the project, go to and private water user associations and ditch companies) to help fund and jointly manage the implementation of large-scale, off-farm water-efficiency projects; and 2) Execution of a series of individual contracts with private landowners to financially support the planning and implementation of smaller-scale, on-farm water-efficiency projects. As noted by Director Dave Merritt: There s a lot of silent work that goes on behind the scenes from the technical staff that really makes things happen on the ground and getting improvements done and water being put to use in an improved fashion. Key staff members involved are Deputy Chief Engineer Dave Kanzer, Senior Counsel Jason Turner and Water Resource Specialist Sonja Chavez. John Currier, Chief Engineer, reiterated, I d like to echo Director Merritt s words about what these guys are doing on the Lower Gunnnison Project. It really is a big deal. I appreciate actually getting something done. For more information on these and other improvements within the LGP please visit: How to contact us: edinfo@crwcd.org, or call x 236 website: