(HYBRID) Board Meeting | March 15-16, 2022

Event Details

A meeting of the CWCB will be held on Tuesday, March 15, 2022 commencing at 8:30 AM and continuing through Wednesday, March 16, 2022. The meeting will be held at the Denver Marriott West 1717 Denver West Boulevard Golden 80401 and virtually on Zoom.

The CWCB posts notice 30 days in advance of each regularly scheduled meeting.  Notices for special meetings are posted on the website typically within five business days and not less than 24 hours of such a meeting.  Notices of regular and special meetings may also be received by email.  To receive notices by email please visit: https://dwr.state.co.us/Portal/Login/.

Although dates and times are indicated in this notice and in the following agenda, the CWCB may address and take action on noticed items in any order.  Any known changes to the agenda will be announced at the beginning of the meeting.  This notice, any late notice(s) of additional items, and briefing memos prepared for the CWCB will be  on our website at https://cwcb.colorado.gov/.

The CWCB’s meetings are made available through live audio/video streaming on YouTube, although Board workshops are not. To listen to the proceedings, find links to either day's meeting on the right sidebar.

The CWCB encourages citizens to express their views and provide feedback to the Board on the agenda items. This can be done by filling out this form, by sending a letter to a Board member or to the Chair of the Board, or by attending the meeting. by sending a letter to a Board member or to the Chair of the Board, or by attending the meeting.  If you want to make a public comment during the meeting you must fill out a comment sheet prior to the meeting date and email it to the Board Coordinator.  The Board will appreciate hearing your views when it reaches that agenda item.  If you have any questions, need special accommodations as a result of a disability, or require further information on any CWCB activity, please contact Viola Bralish at 303-866-3441, ext. 3206.  All programs, services, and activities of the CWCB are operated in compliance with the Federal Americans with Disabilities Act (ADA).

Meeting Agenda
Tuesday, March 15, 2022
 8:30-8:32 CWCB Call to Order and Pledge of Allegiance
 8:32-8:35 1. Board Appointments and Election of Officers
 8:35-8:37 2. Review and Approve Agenda
 8:37-8:40   3. Review and Approve January 24 - 25, 2022 Board Meeting Minutes
 8:40-8:45  4. Approve and/or Remove Consent Agenda Items
 8:45

Board Meeting Dates in 2022

  1. May 18 – 19 - TBD
  2. July 20 – 21 - TBD
  3. September 21 – 22 - TBD
  4. November 16 – 17 - TBD
 8:45-9:45  5. Directors’ Reports
  1. DNR Executive Director/IBCC Director
  2. CWCB Director
  3. Agriculture Commissioner
  4. State Engineer
  5. Division of Parks and Wildlife Director
  6. Water Resource and Power Development Authority
 9:45-9:55      6. Financial Matters – Construction Fund and Severance Tax Perpetual Base Fund
        Finance Section
  1. Financial Projections and Cash Management Report
 9:55-10:10 Morning Break
 10:10-10:20 7. Change to Existing Loan
        Finance Section
  1. South Platte Ditch Company – Diversion Structure Rehabilitation
 10:20-10:35 8. Severance Tax Trust Fund – Policy 18 Review
        Finance Section
 10:35-10:55

9. Request for Authorization to Proceed to Trials in Stipulated Opposition Cases:
          Stream and Lake Protection Section

  1. Case No. 18CW3121 (Water Division 1): Application of the City of Aurora, Colorado, acting by and through its Utility Enterprise 
  2. Case No. 18CW3077 (Water Division 2): Application of Colorado Division of Parks and Wildlife (Note: Mueller Park)
  3. Case No. 19CW3112 (Water Division 5): Application of Highland Investment Co., LLC
 10:55-11:10 10. Proposed Renewable Temporary Lease of Stagecoach Reservoir Water for Instream Flow Use on the Upper Yampa River, Water Division 6 (2nd Meeting)
          Stream and Lake Protection Section
 11:10-11:25 11. Cache la Poudre Instream Flow Augmentation Plan, Case No. 21CW3056 (Water Division 1)
        Stream and Lake Protection Section
 11:25-11:35 12. Public Comment on 2022 ISF Appropriations in Water Divisions 4, 5, and 6  
       Stream and Lake Protection Section
 11:35-11:45 13. Public Notice of 2023 ISF Recommendations
       Stream and Lake Protection Section
 11:45-12:45 LUNCH
 12:45-1:15 14. Update on Federal Funding
        Nate Pearson – CO Dept. of Natural Resources
 1:15-1:35  15. Legislative Update
         Lauren Ris - CWCB
 1:35-2:00 16. Water Plan Grant, Environment and Recreation Category – Criteria Update
       Watershed and Flood Protection Section
 2:00-2:15 17. South Platte River – DISH Easement Discussion
        Watershed and Flood Protection Section
 2:15-2:30 Afternoon BREAK
 2:30-2:50 18.Spring Drought and Flood Climate Report
        Water Supply Planning Section & Watershed and Flood Protection Section
 2:50-3:10 19. Water Plan Update
        Water Supply Planning Section
  RECESS
Wednesday, March 16, 2022
 8:30-10:00 20. Basin Directors’ Reports
  1. San Juan/San Miguel-Dolores River Basin Director’s Report 
  2. Gunnison River Basin Director’s Report
  3. North Platte River Basin Director’s Report
  4. South Platte River Basin Director’s Report
  5. Arkansas River Basin Director’s Report 
  6. City and County of Denver Director’s Report 
  7. Rio Grande River Basin Director’s Report 
  8. Yampa-White River Basin Director’s Report
  9. Colorado River (Mainstem) Basin Director’s Report 
 10:00 –10:15 Morning BREAK
 10:15-10:20 21. Attorney General’s Report, Legal Briefing, and Executive Session
 10:20-11:35 22. Executive Session
  1. Case No. 3:19 – CV – 08285-MTL (District of Arizona): Save the Colorado, et al., v. U.S. Dept. of the Interior, et al. 
  2. Colorado River Interstate Matters
  3. Two Rivers Water Company Loan
 11:35-11:40 23. Report from Executive Session
 11:40-12:10 24. Colorado River Updates
        Interstate, Federal, and Water Information Section
 12:10-1:10 LUNCH
 1:10-1:50      25. WSRF Grant Applications
           Water Supply Planning Section
  Basin(s) Applicant Name of Water Activity Total
a. Arkansas   Arkansas Groundwater & Reservoir Association West Pueblo Reservoir Project (WPRP) $841,104
b. Arkansas Upper Arkansas Conservation District Sunnyside Irrigation Ditch Rehabilitation $127,300
c. Arkansas
Colorado
Gunnison    Metro
Rio Grande    South Platte  Southwest  Yampa/White/
Green        
Center for Snow & Avalanche Studies Colorado Dust on Snow $240,000
d. Gunnison Orchard City Irrigation District Fruitgrowers Dam Outlet Gates Improvement Project $150,000
e. Gunnison Town of Olathe  Water Meters & Water Conservation $182,399
f. Gunnison Trout Unlimited Stewart Ditch Diversion Improvement Project $140,000
g. Metro
South Platte
Arapahoe County Arapahoe County Water Supply Study $125,000
h. South Platte
Metro
Trout Unlimited Lower South Boulder Creek – WSR Ditch Structure Automation Demonstration Project $167,000
i. Rio Grande Colorado Rio Grande Restoration Foundation Conejos River Partnership Project 1B $330,000
j. Rio Grande San Luis Valley Water Conservancy District Shaw Reservoir Rehabilitation Project $342,600
k. Southwest Pagosa Area Water & Sanitation District Treatment Plant Project $186,800
l. Southwest Town of Pagosa Springs Recreational & Ecological Enhancement Project – Yamaguchi South $166,180
 1:50-2:50

26. Water Plan Grants 

Agenda Item Applicant Project Title Funding Recommendation
 26 a – d. Agricultural  Projects
a Trout Unlimited Gunnison River Drought Resiliency and Restoration Project $275,194
b Rio Grande Headwaters Land Trust San Luis Creek Conservation Partnership $450,000
c The Nature Conservancy Maybell Diversion Construction on the Yampa River $750,000
d Boulder County Parks and Open Space Howell Ditch Diversion Reconstruction and Boulder Creek Restoration Project $250,000
 26 e – k. Conservation and Land Use Planning
e Mile High Flood District Denver One Water Plan Implementation $100,000
f Arapahoe County Admin I Turf Conversion & Conservation Planning for Additional Existing Sites $138,203
g Multiplier Advancing High Impact Water Efficiency Solutions in Colorado Communities $139,235
h Year One, Inc. DBA Mile High Youth Corps Single Family Energy & Water Audits and Installs $146,809
i Colorado Water Wise Guidebook Update $150,192
j Denver Dept. of Public Health and Environment Graywater Education and Outreach Program $290,713
k Sonoran Institute Colorado Growing Water Smart $360,466
 26 l - m.  Engagement and Innovation Activities
l The Park People WATERED: Water Advocacy via Trees and Engagement to Relieve Efforts of Drought $104,000
m Colorado School of Mines Direct Potable Reuse (DPR) Demonstration – Phase II $150,000
 26 n - q. Water Storage and Supply
n West End Economic Development Corporation Wright’s Mesa Water Supply Planning $110,590
o Palmer Land Conservancy Climate Resilient Agricultural Futures and Transformations (CRAFT) $300,000
p Town of Buena Vista Infiltration Gallery Expansion $1,107,750
q Northern Water Phase I: CO Aerial Snowpack Measurement $1,877,400
 26 r - bb. Environment and Recreation
r National Forest Foundation Trail Creek Wetland Restoration Project – Phase 2 $133,400
s Trout Unlimited Denver Upper Gunnison Stream Restoration Package $137,170
t Colorado Rio Grande Restoration Foundation Rio Grande Canal Boater Safety and Accessibility Project $148,000
u Town of Meeker Meeker River Park $150,000
v Blue River Watershed Group Blue River Integrated Water Management Plan $150,000
w Trout Unlimited Denver Stewart Ditch Diversion Improvement Project $169,736
x Southwest Conservation Corps Animas River Phreatophytes Phase II $177,602.50
y Town of Pagosa Springs Recreational and Ecological Enhancement of the San Juan River – Yamaguchi South $195,000
z Trout Unlimited Lower S. Boulder Watershed Res Phase II $250,000
aa Eagle Vail Metro District Stone Creek Restoration Phase II $413,915
bb Roaring Fork Conservancy Crystal River at Riverfront Park Restoration and Efficiency Project $798,574
2:50 - 3:10

27.  Loan Delinquency Action

       Finance Section

a.  Two Rivers Water & Farming Company, and Two Rivers Farm F-2, Inc.

 3:10 Adjourn

CWCB Consent Agenda March 15 -16, 2022

Matters may be placed on the Consent Agenda when the recommended action follows established policy or precedent, there has been a negotiated settlement, or the matter is uncontested and non-controversial. Staff provides memos to CWCB members explaining the matters on the Consent Agenda. Matters on the Consent Agenda are noticed for hearing in the same manner as other agenda items. If a member of the CWCB requests further consideration of an item on the Consent Agenda, the item will be withdrawn from the Consent Agenda and discussed during the meeting or at the next meeting, with action taken after discussion of the item. If a member of the CWCB requests further consideration of an item on the Consent Agenda that pertains to a pending or imminent court action, the matter will be withdrawn from the Consent Agenda and may be discussed during executive session of the same meeting, and any action on that item will be taken in public session. The Consent Agenda may be voted on without reading or discussing individual items. Any CWCB member may request clarification about any matter on the Consent Agenda.

1. Statements of Opposition
       Stream & Lake Protection Section

Staff recommends the Board ratify CWCB’s filing of the following Statements of Opposition:

  1. Case No. 21CW3236 (Water Division 1): Application of City of Boulder, Colorado
  2. Case No. 21CW3081 (Water Division 2): Application of Heath Mills
  3. Case No. 21CW3086 (Water Division 2): Application of Town of Poncha Springs
  4. Case No. 21CW3026 (Water Division 3): Application of Sustainable Water Augmentation Group, Inc.
  5. Case No. 21CW3075 (Water Division 4): Application of Aegis Ranch Ventures, LLC, a Delaware limited liability company
  6. Case No. 21CW3076 (Water Division 4): Application of Elk Ridge Mining and Reclamation, LLC
  7. Case No. 21CW3166 (Water Division 5): Application of Peter M. McGrath and Janet E. Fox
  8. Case No. 21CW3171 (Water Division 5): Application of Eric A. Rudd
  9. Case No. 21CW3175 (Water Division 5): Application of Snowmass Club LLC, Snowmass Club Investors LLC, ABA Investors, LLC, and Woodmont Properties at Bridgewater, LLC
  10. Case No. 21CW3176 (Water Division 5): Application of Bar A Ranch
  11. Case No. 21CW3180 (Water Division 5): Application of Town of Minturn
  12. Case No. 21CW3182 (Water Division 5): Application of The Crystal River Ranch Co., LLC
  13. Case No. 21CW3052 (Water Division 6): Application of Remnant Investors, LLLP, a limited liability limited partnership
  14. Case No. 21CW3058 (Water Division 6): Application of David Y. Cogswell

2.  HB1051 Reporting Guidelines - Removed from agenda
           Water Supply Planning Section

3.  PEPO Grants Program
            Water Supply Planning Section

4. Water Plan Grants

  Applicant Project Title Funding Recommendation
 4a-e AGRICULTURE
a Dave Miller Mutual Ditch Company Dave Miller Ditch Piping Project $84,325.00 
b Drylands Agroecology Research Dryland Research Expansion Phase II Not Recommended
c Brighton Ditch Company South Platte River Bank Stabilization Project Not Recommended
d Brink, Inc. Modeling the Effects of Conservation Practices on Salinity Discharges from Irrigated Fields* $66,850.00
e Fort Collins Conservation District Cache La Poudre Basin Nutrient Trading Pilot Project $70,000.00
4 f-i CONSERVATION & LAND USE
f Town of Olathe Water Meter Upgrade and Water Conservation Outreach Not Recommended
g Western Resource Advocates Pursuing a Statewide Model Water Efficient Landscape Ordinance Not Recommended
h Dominion Water & Sanitation District Sterling Ranch Rainwater Harvesting Project Feasibility Study and Operational Plan $57,500.00
i High Country Conservation Center Advancing Irrigation Efficiency Across Summit County $99,413.00
4 j-p ENGAGEMENT & INNOVATION
j Coalition for the Poudre River Watershed Phase 2- Engaging Stakeholders & Communities in the Poudre Through Citizen Science, Collaboration, & Outreach Not Recommended
k Boulder Watershed Collective Forested Watershed Community Education Not Recommended
l Water Education Colorado Advancing a Coordinated and Collaborative Approach to Water Education and Outreach via the Water Educator Network through 2025 $55,000.00
m Lincoln Hills Cares Replicable Youth-Driven Innovation Engine to Help Make the South Platte River Swimmable and Fishable $84,480.00
n One World One Water Center/ MSU Denver Your Water, Your Life Contest $87,000.00
o Colorado State University Expanding Residential Rain Garden Installations in Front Range Communities $90,300.00
p Ditch and Reservoir Company Alliance Ditch and Reservoir Outreach, Education, and Advocacy Programming $98,375.00
4 q-r WATER STORAGE & SUPPLY
q Cross Creek Metropolitan District Hale Reservoir Restoration, Cross Creek Park Not Recommended
r Grand Mesa Water Users Association Grand Mesa Water Users’ Efficiency Project Not Recommended
4 s-t WATERSHED RESTORATION & RECREATION
s Headwaters Alliance Lower Willow Creek Stream and Floodplain Restoration Not Recommended
t Trout Unlimited Denver Portland Uncompahgre Restoration Project Not Recommended
Related Links

Printable Agenda

 

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The CWCB posts notice 30 days in advance of each regularly scheduled meeting. Notices for special meetings are posted on the website typically within five business days and not less than 24 hours of such a meeting. Notices of regular and special meetings may also be received by email.

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Listen to this meeting live

The CWCB’s meetings are made available through live audio streaming on YouTube, although Board workshops are not. To listen to the proceedings, click on the button below for the webinar link information.

Tuesday, March 15

Wednesday, March 16

 

Share feedback with the board

The CWCB encourages citizens to express their views and provide feedback to the Board on the agenda items. This can be done by sending a Public Comment Request form to Viola.Bralish@state.co.us, or by sending a letter to a Board member or to the Chair of the Board. The Board will appreciate hearing your views when it reaches that agenda item.

 

Need anything else?

If you have any questions, need special accommodations as a result of a disability, or require further information on any CWCB activity, please contact Viola Bralish at 303-866-3441, ext. 3206. All programs, services, and activities of the CWCB are operated in compliance with the Federal Americans with Disabilities Act (ADA).