HomeMy WebLinkAboutR13-088 West Slope Principles for the Colorado Water Plan Commissioner
Rr( " -
moved adoption
of the foil ing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2013 - 05
A RESOLUTION ENDORSING THE WEST SLOPE PRINCIPLES FOR THE
COLORADO WATER PLAN
WHEREAS, the Governor of the State of Colorado issued executive order D 2013-005,
"Directing the Colorado Water Conservation Board to Commence Work on the Colorado Water
Plan"in May, 2013; and
WHEREAS, according to the executive order, "Colorado's water policy must reflect its
water values,"including a"productive economy," efficient water infrastructure"promoting
smart land use," and a"strong environment that includes healthy watersheds, rivers and streams,
and wildlife;" and
WHEREAS, the west slope headwaters are the source of much of the water supply for
the front range as well as an epicenter of Colorado's recreation economy and wildlife resources;
and
WHEREAS, local governments, water districts, watershed groups,basin roundtables
and other west slope water leaders have a deep understanding of the relationship between water
resource development and the healthy watersheds, rivers and streams, and wildlife; and
WHEREAS,west slope organizations have been engaged in land use and water planning
both locally and with Front Range water interests for many years and desire that this experience
inform the Colorado Water Plan process; and
WHEREAS,west slope organizations have adopted a set of broad values and principles
to guide the Governor and the Colorado Water Conservation Board during the preparation of the
Colorado Water Plan; and
WHEREAS, such principles include,but are not limited to: the recognition of local land
use plans and authority; the protection of the west slope's economic, environmental and social
well-being; the requirement that each river basin in Colorado to exhaust available water supply
within its own basin before planning to take water from another area of the state; and the
discouragement of the Governor's staff acting as a proponent of a new water project until state
and federal regulatory processes have been completed and local governments in the area from
which water would be taken approve the project; and
G:\bryan\resolutions\westernslopeprinciples
WHEREAS,the Board of County Commissioners supports these guiding principles and
wishes to endorse the same.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT,the Eagle County Board of County Commissioners hereby authorizes, approves
and endorses the West Slope Principles for the Colorado Water Plan in a form substantially
similar to that attached hereto as Exhibit A.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of the County of Eagle, State of
Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the /day of ._.. ./2/74--,
2013.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTEST: c BOARD OF COUNTY COMMISSIONERS
f ..)1 :
, y,e--- ---- .,� � ap►J" /64,A6,_
Teak J. Simonton Sara J. Fisher
Clerk to the Board of Chairman
County Commissioners ��
Jilli. . Ryan
issioner
Kathy Chandler-Henry
Commissioner
Commissioner - seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Fisher C2 j'
Commissioner Ryan
Commissioner Chandler-Henry ---(A --.
This Resolution passed by / 0 vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
G:\bryan\resolutions\westernslopeprinciples
West Slope Principles for the Colorado Water Plan
1. 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. 135'6'7
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.7
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
EXHIBIT
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. 1'2'3'67
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.7
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
3. 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 irrigation).1'3'6'7
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
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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'' 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''
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.
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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 Proiects.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
4 Colorado River Water Conservation District Policy Statement:Water Quality,adopted July 2010.
http://www.crwcd.org/media/uploads/20100720 policy water puality.pdf
5 NWCCOG Water Quality/Quantity Committee Policies,readopted November 2012.
62012 NWCCOG Regional Water Quality Management Plan(208 Plan).
http://nwccog.org/docs/wss/rwcimp 2012/Vol%201 Policy%20PIan%202012%20208%20PIan.pdf
'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
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