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HomeMy WebLinkAboutBocc Packet 09252013 NWCCOG Water QualityAGENDA ITEM SUMMARY REGULAR MEETING DATE: AGENDA ITEM TITLE: September 25, 2013 A Resolution of the Board of County Commissioners Pitkin County, Colorado Supporting the Northwest Colorado Council of Government (NWCCOG) Water Quality and Quantity Section's West Slope Principles for the Colorado Water Plan STAFF RESPONSIBLE: John Ely, County Attorney ISSUE STATEMENT: This is an informal Resolution to adopt an endorsement of NWCCOG' s West Slope Principles for the Colorado Water Plan. BACKGROUND: Governor Hickenlooper has directed the Colorado Water Conservation Board to produce a draft Colorado Water Plan by December of 2014 and a final Colorado Water Plan by December of 2015. The Northwest Colorado Council of Government Water Quality and Quantity Section ("QQ") has produced a proposed enumeration of west slope principles to be incorporated into the Colorado Water Plan or at least to express issues of concern to be addressed in regard to the Colorado Water Plan (see Attachment). QQ has requested support from its member government entities and agencies for this effort to increase the reception of these west slope principles by statewide water planners. As the footnotes in the west slope principles report reflect, these principles and issues that were addressed by QQ's legal advisor have previously been incorporated into already existing documents and support for individual aspects of the plan has already been expressed by some entities, apart from and in advance of the Colorado Water Plan gubernatorial directive. It is hoped that these principles survive and are not subsumed by a greater imperative to increase water supply for the front range at all costs. These principles still refer only to a portion of our overall economy in paragraph 2.1 of the QQ report. Real estate development is still our largest economic driver and its dependence on a healthy natural environment, although evident to us, has not been explained to such entities as the Front Range Water Council. Also, there is not sufficient emphasis on our statewide obligation for Compact compliance to be incorporated into any transmountain diversion projects, such that the benefits of wet years do not simply flow east but are allocated in part toward our ten-year rolling average commitment to the lower Colorado basin. Notwithstanding any limitations that might be present in the document, the skill in its draft and its reference to existing statements and emphasis on many of the cornerstones of west slope water concerns such as protection of agricultural economies, protection for basins of origin in the context of transmountain diversions, emphasis on re -use of exported water and enhanced conservation practices describes this document as an essential expression meritorious of Pitkin County endorsement. LINK TO STRATEGIC PLAN: Protection of water quantity and quality; safe and healthy community BUDGETARY IMPACT: None RECOMMENDED BOCC ACTION: Adopt Resolution ATTACHMENTS: Resolution and Attachment 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO SUPPORTING THE NORTHWEST COLORADO COUNCIL OF GOVERNMENT WATER QUALITY AND QUANTITY SECTION'S WEST SLOPE PRINCIPLES FOR THE COLORADO WATER PLAN DOCUMENT RESOLUTION NO. -2013 1. The preservation of healthy riparian ecosystems is necessary for a vibrant west slope economy, the preservation of the quality of life for west slope citizens and visitors, and the overall well-being of the State of Colorado. 2. Adequate planning for our limited water resource that stresses re -use, conservation, river vitality, and the protection of the west slope's ability to grow and prosper should be essential components of the future Colorado Water Plan. 3. The Northwest Colorado Council of Government Water Quality and Quantity Section's recitation of the West Slope Principles for the Colorado Water Plan encompasses the ideals and concerns that have previously been expressed and supported by Pitkin County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County hereby expresses its support for the articulated West Slope Principles for the Colorado Water Plan as advanced by the Northwest Colorado Council of Government's Water Quality and Quantity Section. Further, Pitkin County supports the inclusion, consideration, and advocacy of these West Slope Principles by statewide water planners and all other entities involved in the production and delivery of the Colorado Water Plan to be developed at the direction of Governor Hickenlooper. INTRODUCED, READ, AND ADOPTED ON THE 25In DAY OF SEPTEMBER 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones George Newman, Chair Deputy County Clerk Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager 2 West Slope Principles for the Colorado Water Plan Solutions in the Colorado Water Plan (CWP) to supply water for growth and development in one part of the state should not over -ride land use plans and regulations adopted by local governments in the part of the state from which water will be taken. 1,2,3,4,5,6,7 1.1 No new water supply projects or major changes in operation of existing projects should be planned unless agreed to by the county, conservancy district, and conservation district in the area from which water would be diverted. 1'3'5'6'7 1.2 The CWP must take into account pending projects, water supply plans, comprehensive land use plans, local regulatory authority, water quality plans (208 Plans), watershed plans, multi -party water agreements and related documents adopted by local governments in the area from which water would be taken. 1,2,3,4,5,6,7 1.3 Both the legislative basis and the legal impact of local government regulatory tools adopted to mitigate impacts of water projects should be recognized and protected. 3'6'7 1.4 The CWP should never elevate the agricultural interests in one part of the state over the agricultural interests in another part of the state to meet the demands of Front Range development. Agriculture is an important segment of the state's economy as a whole. Agriculture provides food independence, open space, wildlife habitat, cultural value, and economic activity wherever it is located. 1.5 Any new supply projects taking water from one area of the state to another should include funding for "compensatory projects" to serve the area from which the water is taken.' 2. The CWP should protect and not threaten the economic, environmental, and social well-being of the west slope. 1,2,3,5,6 2.1 The cornerstones of the west slope's economy are tourism, recreation, agriculture, and resource development, all of which are highly dependent upon water to be successful. The CWP should not facilitate additional diversions that could threaten the region's environmental, social and economic well-being. 1'2'3'6 2.2 To educate the public about existing conditions on the west slope, the CWP should identify the location and amounts of water that are already diverted every year from the west slope to the east slope, and discuss the historic and current consequences of those diversions. 1'2'3'6'9 2.3 The state should not facilitate, politically, financially, or legally, any new water supply projects from the Colorado, Yampa/White or Gunnison River Basins to the Front Range without the consent of the county, conservancy district, and conservation district in the basin of origin, and unless impacts are avoided and mitigation is provided. 1,2,3,6' 2.4 New supply projects that involve storage on the west slope must make a significant amount of water available to west slope water uses. New supply projects that involve storage of west slope water in an east slope storage project must provide compensatory storage to protect existing and future west slope water uses, as well as the environmental and non -consumptive needs of the basin of origin.' 2.5 The CWP must protect investments in public water and wastewater facilities by ensuring that costs to upgrade and operate these facilities do not increase because of Front Range water projects.5 2.6 The CWP must afford recreational in -channel diversions and CWCB instream flows the same status as other water rights that are protected under Colorado law. 3,6 Other west slope non -consumptive water needs must be factored into the CWP. 2.7 Water quality protection efforts of the west slope must be respected and enhanced by the CWP. 4,5,6 2.8 The historic use of west slope agricultural water rights provides a river flow regime that is relied upon by all west slope users and must be maintained. 8 The CWP should identify a process and requirements for each basin to exhaust available water supply within its own basin before planning diversions from another area of the state. 1,2,3,7 3.1 Transmountain diversion water should be re -used to extinction to the extent allowed by law, before any proposed new supply development focuses on further west slope water supply. 1,2,3,6,7 3.2 Re -allocation of existing supplies in areas that need more water should be evaluated (e.g.rotational fallowing, changing to new uses, deficit irri ation .1,3,6,7 g, g� gg ) 3.3 Front range infrastructure and water should be shared to meet future demands (e.g. WISE). Laws and regulations that improve such sharing should be considered. 3.4 New Front Range in -basin projects should be pursued to fully utilize in -basin supplies (e.g. Chatfield Reallocation, SDS, Arkansas Conduit, indirect and direct 2 re -use, gravel pit storage projects), including maintaining and enhancing existing storage facilities. The CWP should encourage and facilitate dredging to keep capacity, and streamline efforts to enlarge storage by dredging when practical.3'6 3.5 The CWP should promote mechanisms to reduce demand through agricultural or municipal efficiency/conservation, land use and smart growth policies that further water conservation, and controls on water usage. 3'6'7 Under no circumstances should agriculture be penalized for switching to more efficient water use methods. 3.6 The CWP should reject proposals for water to supply new development when and where there are insufficient water resources available to support them under all hydrologic conditions without creating risks for other water users. 1'3'6'7 Any new supply projects that rely on diversions from the west slope should be developed within the existing water rights system and not afforded special status. 3.7 Front Range areas with present and future projected water shortages should pursue collectively financing projects that provide water resources to their areas. 4. The CWP should outline mechanisms to mitigate the risk of potential Compact curtailment of the Colorado River. For example, the CWP should adopt low -risk legal and hydrologic assumptions related to Colorado's obligations under the Colorado River Compact and the Upper Colorado River Basin Compact in order to minimize the risk of curtailment on existing uses of Colorado River basin water.' 4.1 There is disagreement on how much, if any, additional consumptive use water is available from the Colorado River. Because of justifiable reliance and financial investment, existing uses and users should be protected and not put at risk by new development. 4.2 The facilities and methodologies for protecting existing users from a compact curtailment, as well as for mitigation, must be in place prior to any new project or methodology that would take additional water out of the Colorado River Basin. 4.3 The CWP must disclose that fully developing the state's Colorado River compact entitlement will increase the chance of a compact curtailment that would impact existing users. 4.4 New projects in the Colorado River Basin should be supported and approved, if at all, only on conditions that will allow diversion and storage at times and in amounts that will not increase the risk of compact curtailment of other post - Compact water rights. 5. The State should not assume a role as a proponent of a water project until the State regulatory process has been completed and the project has been agreed to by the impacted counties, conservancy districts and conservation districts in the area from which water would be diverted. The above principles are taken from many sources of earlier water principles around the state. The numbers in the above principles indicate in which documents a similar principle may be found, including: 1 Colorado 58 Water Principles. In approximately 1999, 58 Colorado Counties, signed onto these Water Principles, which were passed as a House Resolution as well. 2 Colorado River Water Conservation District Policy Statement: Existing Transmountain Diversions, Adopted July 15, 2008, readopted July 2011. http://www.crwcd.org/media/uploads/20110719-policies TMD Existing Prolects.pdf 3 Colorado River Water Conservation District Policy Statement: Transmountain Diversions, adopted March 16, 2000, revised and readopted July 2011. http://www.crwcd.org/media/uploads/20110719-policies TMDs.pdf Colorado River Water Conservation District Policy Statement: Water Quality, adopted July 2010. http://www.crwcd.org/media/uploads/20100720 policy water quality.pdf NWCCOG Water Quality/ Quantity Committee Policies, readopted November 2012. 6 2012 NWCCOG Regional Water Quality Management Plan (208 Plan). http://nwccog.org/docs/wss/rwcimp 2012/Vol%201 Policv%20Plan%202012%20208%20Plan.pdf 7 Colorado Basin Roundtable Vision Statement (Nov. 2010). 8 Orchard Mesa Check Case, 91CW247, Water Division No. 5. 9 i.e. Senate Document No. 80, Windy Gap Project, Windy Gap Firming Project, Colorado River Cooperative Agreement 4