SUMMARY OF COLORADO’S DRAFT WATER PLAN
Bruce Rich, 2/25/15
Structure: This is currently a draft plan that is advisory in nature. It was requested by the governor in an executive orderto address the state’s water deficit and to foster a more holistic approach to water management. Chapters 2 through 5 focus on the foundational elements that guide Colorado’s water management. These include descriptions of Colorado’s legal structure and critical facts about supply and demand. Chapters 6 through 11 establish action steps to help Colorado respond to future challenges. These sections show how Colorado can advance conservation, reuse, alternative agricultural transfers, and multi-purpose/collaborative projects while protecting the health of rivers, streams, and watersheds. Chapter 9 addresses increased funding opportunities, more efficient and effective permitting, and enhanced education for citizens. Chapter 11 suggests updating the plan in the future.
Process: The plan incorporates a long-term visioning process, “… the result of well over 850 meetings spanning 9 years and engaging hundreds of volunteer-participants statewide. Colorado’s Water Plan has generated over 13,000 comments from members of Colorado’s water community, interest groups, and the general public.” Plan development was mostly funded by the pre-existing Colorado Water Conservation Board (CWCB) and the governor’s office. CWCB is the major agency for water planning and regulation and it draws no general fund money, being largely self-fundedby the CWCB Construction Fund comprised of fees from water users and developers. Modelling was provided by the CO Statewide Water Supply Initiative (SWSI) report released by the CWCB in 2011 which creates a technical foundation and a common technical platform:
Jurisdiction: Priority use of natural stream water is based on the “prior appropriation system” which is a seniority system that dates to when the first settlers staked claim to the most desirable river valley lands. These rights can be transferred, and the state has acquired some of them. Native American tribes and the federal government also have some water rights. Consequently, authority is complicated, and varies by basin, locality and type of water. CWCB is the primary state agency responsible for statewide water planning. Eight basin roundtables and the Interbasin Compact Committee (IBCC) are participants in CWCB’s statewide water planning efforts. Their charge is to develop agreements among basins and to develop statewide policy issues. Legal conflict adjudication is by seven Water Courts, one for each major basin.
Prioritization and Values: No changes have yet resulted from this draft plan, which often discusses different approaches to a single issue. Basin Implementation Plans have been developed to: 1. Meet municipal water needs throughout Colorado; 2. Meet Colorado's agricultural water needs; 3. Meet Colorado's environmental and recreational water needs; and 4. Meet Colorado's water quality management needs. These needs are very challenging because CO consistently operates at a water deficit (or “water gap” as they call it) between supply and demand.
Relevant to CT: Despite their water deficit, CO maintains a high priority on environmental and recreational water uses. They have an effective bottom-up approach to planning that begins with the 8 basin roundtables funneling up to the Interbasin CompactCommittee (IBCC) for consensus building before informing the CO Water Conservation Board(CWCB) for regulations and public policy process.
Draft Plan Table of Contents on back of page
Colorado’s Water Plan
Table of Contents
1. Introduction………………………………………………………………………………………….…………………. 1
2. Our legal & institutional setting………………………………………………………………………….……… 6
2.1 Colorado water law & administration………………………………………………………………. 6
2.2 Interstate compacts & equitable apportionment decrees………………………..…………. 12
2.3 Colorado’s local-control structure……………………………………………………………………. 20
2.4 Local, state, & federal water planning, approval, & permitting………………..…………. 22
2.5 Tribal & federal reserved water right issues within Colorado……………………………. 25
3. Overview of each basin…………………………………………………………………………………..…………. 32
4. Water supply……………………………………………………………………………………………………………. 53
5. Water demands……………………………………………………………………………………………..…………. 70
6. Water supply management for the future………………………………………………………..…………. 86
6.1 Scenario planning & development……………………………………………………………………. 86
6.2 Meeting Colorado’s water gaps……………………………………………………………..…………. 98
6.3 Conservation & reuse………………………………………………………………………………………. 148
6.3.1 Municipal & industrial conservation……………………………………………………. 148
6.3.2 Reuse………………………………………………………………………………………...…………. 162
6.3.3 Land use…………………………………………………………………………………….………… 169
6.3.4 Agricultural conservation, efficiency, & reuse……………………………...…………. 175
6.3.5 Self-supplied industrial…………………………………………………………………………. 184
6.3.6 State agency conservation…………………………………………………………..………… 191
6.4 Alternative agriculture to urban transfers……………………………………………..…………. 193
6.5 Municipal, industrial, & agricultural infrastructure projects & methods….…………. 194
6.6 Environmental & recreational projects & methods…………………………………………… 208
7. Water resource management & protection………………………………………………………………… 241
7.1 Watershed health & management………………………………………………………….………… 241
7.2 Natural disaster management……………………………………………………………….………… 249
7.3 Water quality……………………………………………………………………………………….…………. 252
8. Interbasin projects & agreements……………………………………………………………………………… 270
9. Alignment of state resources & policies…………………………………………………………...…………. 282
9.1 Protecting Colorado’s compacts & upholding Colorado water law…………..…………. 282
9.2 Economics & funding………………………………………………………………………………………. 285
9.3 State water rights & alignment……………………………………………………………...…………. 295
9.4 Framework on more efficient water project permitting processes………….…………. 302
9.5 Outreach, education, & public engagement…………………………………………….…………. 320
10. Legislative recommendations……………………………………………………………………….…………. 338
11. Updating Colorado’s Water Plan………………………………………………………………………………. 339