Water Quality Forum
DRCOG - January 28, 2002
Group Memory

Agenda

12:30 p.m. Agenda Review, Introductions, Announcements

12:40 p.m. Legislative Update (Barbara Biggs, Sara Duncan)

1:10 p.m. WQCC Update (Paul Frohardt)

1:25 p.m. Drinking Water Funding Issues (Dave Akers)

1:35 p.m. Nutrient Criteria (Bob McConnell)

2:00 p.m. Break

2:15 p.m. Development of TMDLs (Phil Hegeman)

2:45 p.m. Uncompahgre/Gunnison Basin Selenium Task Force Update (Karla Brown)

3:15 p.m. Working Group Updates

4:00 p.m. Develop and agree on next steps/agenda items

4:10 p.m. Adjourn

Legislative Update (Sara Duncan and Barbara Biggs)

The following bills should be of some interest:

SB 45 – This bill resolves inconsistent provisions regarding the qualifications of electors for irrigation districts. It lowers the voting age to 18 and limits electors to agricultural and owners within the voting irrigation district. The bill takes out the provision that allows the water conservancy act to determine who is eligible to be a director or an elector for irrigation districts. Sen. Entz and Rep. Rippy sponsor this bill.

SB 46 – This bill adds another member to the Colorado Water Conservation Board from the South Platte drainage. Presently there is one South Platte representative and one Denver representative on the 15-member Water Conservation Board. The bill calls for one representative of the S. Platte drainage above the Henderson Gauge and one from below the Gauge. In effect this would give Northern Colorado Water Conservancy District one representative and the suburban and Park County interests one representative on the Board. Sen. Andrews, the bill’s sponsor, will hold this bill until he has the votes for passage.

SB 68 – The CWCB is asking that its Board members be paid $50.00/day per diem in addition to expenses.

S. 87 – In this bill Senator Evans provides for a voluntary check off on income tax returns for watershed improvement. The legislation would create a source for needed nonpoint source water quality funding. Unfortunately the bill is unnecessarily complicated by a Colorado Watershed Assembly that would distribute the money in the form of grants restoration and protection of lands and natural resources within the watersheds in Colorado.

HB 1012 – This bill appropriates $10M from the general fund to the species conservation trust fund. It has no chance of passage in this tight budget year, but the title is broad enough that perhaps some other pot of money could be tapped to fund the cash-short fund that pays for endangered, threatened and declining species habitat improvement programs.

HB 1024 – This bill creates a permanent water resources interim committee. The CWCB has indicated it would not object if $40,000 were dedicated from its construction fund to the costs of this committee.

HB 1041 – Rep. Rippey of Glenwood Springs is trying to level the impact of the wild fluctuations that occur is the severance tax fund. Therefore, he would require every program with an operational program under the fund to maintain a two-year balance that cannot be raided by the JBC for general fund purposes in a budget tight year. The state Department of Natural Resources runs the Office of Geology and Minerals and part of Mined Land Reclamation through this fund.

HB 1062 – This legislation addresses contractors concerns that they will be paid for the job, and prior to beginning work requires proof of 100% of the money required to complete the project. As well the bill addresses progress payments, for contractors, subcontractors and second-tier subcontractors or suppliers. It addresses retainage and timeframes for payments of retainage. The bill is the brainchild of the Colorado Construction Reform Coalition [American Subcontractors Association of Colorado, Association of Plumbing, Heating and Cooling etc.] This would seem to take the place of contractual relations, and the legislature may be unwilling to do this. Further, the bill adds an unnecessary layer of forms to completion of a public project.

HB 1096 – Requires larger counties [over 10,000] or areas with rapid growth [5% or greater for two consecutive years to create and implement a public works plan. "Public works" includes water and sewer systems. The plan must address how local entity will supply public works from present to 10-years of date of plan. The bill fails to address how this plan would integrate with local water supply planning. Rep. Jameson of Fort Collins is the sponsor. This bill was postponed indefinitely by the House Local Government Committee.

HB1107 – Rep. Steve Johnson of Fort Collins has again introduced a takings bill that would make government liable for any regulation that diminishes value. In fact it is so broad it could be read as including SDC charges or pretreatment requirements for industries that discharge waste to the sanitary sewer. It is likely this bill will suffer the same fate as its predecessor last year and be killed quickly.

HB 1110 – The bill allows metropolitan sewage disposal districts, like the Metro Wastewater Reclamation District, to issue revenue bonds without an election in accordance with the terms of the TABOR amendment..

HB 1118 – This legislation was initiated by the Colorado Water Resources and Power Development Authority that oversees the revolving loan funds that result from provisions in the Clean Water and Safe Drinking Water Acts. The legislation operates as follows:

1. Increases the Small Water Project limit from $25M to $100M. This would allow the Authority to take advantage of the bond markets without legislative approval.
   
   
2. Expand the definition of "water management facilities" that can be funded under this program to explicitly include the word "sewer". The Authority has operated under the assumption that "sewer projects" are implicitly included in this program, so this part of the act would clarify the language.
   
   
3. Allow the authority to fund emergency projects with revolving loan funds and give the legislature notice so the action can be approved by the next session of the legislature. Too often the loan lists have excluded a needed project, and this language would give the Authority the ability to respond in a timely fashion.
   
   
4. Give the Authority the tools to move money between the revolving loan funds in order to respond to immediate needs.
   
   
5. Eliminate the state moral obligation pledge that represents potential, unknown liability for the state.

The CWCB may oppose this bill because they want to extract money from the Authority for endangered species funding.

HJR 1004 and 1005 are the drinking water and wastewater eligibility lists for revolving loan fund money.

SB 148 by Sen. Mark Hillman from Burlington has introduced a bill that calls for payments to counties for economic and social losses when water is removed from a "county of origin" to a receiving county. This bill also contains language requiring the "county of origin" and the entity transferring the water rights to include the issue of impacts on water quality and other environmental concerns in any agreement to allow the water transfer. If the parties cannot agree on the water quality impacts, the water court hearing the transfer case is to rule on the water quality issues. The bill does not acknowledge the role of the Colorado Water Quality Control Commission in setting water quality standards for streams in Colorado.

SB 156 by Sen. Ken Gordon will allow private insert flow water rights. Currently only the CWCB and public recreation uses are allowed to file for insert flow water rights.

Rep. Shawn Mitchell of Broomfield is sponsor of the anti-terrorist bill. He has agreed to add a clause to exclude security documents from the Public Records Act. The Open Meetings Law already allows executive session meetings to discuss security issues.

Finally, the Water Quality Division wants to raise permit fees. The bill will include a study of appropriate use designations and water quality standards for effluent dependent and ephemeral streams. Proposed language concerning this study is attached.

If you need copies of bills, they may be obtained by logging onto the state site at http://www.leg.state.co.us

WQCC Update (Paul Frohardt)

• The Commission would like more frequent updates on WQF Work Group progress. Paul Frohardt will schedule updates from work group representatives more often and they will rely on the WQF web site to keep them up-to-date.
• Arid West Water Quality Research Project's Habitat Characterization Study final report will be out in early April.
• Hearing on Discharge Permit regulations will be in January 2003
• DIMP Standards rulemaking will be moved from April to December to provide more time for discussion
• The Division will be finalizing the Mixing Zone Guidance Document based on the input provided; the guidance will be on the Division's web site
• Biomonitoring guidance informational hearing has been continued until the May WQCC meeting
• 305 (b) Report will be coming back for final approval in March
• There will be no February or April Meetings
• The March WQCC meeting will include:

-detail of Rulemaking Procedures re: Arkansas/Rio Grande
-305(b) Report Final Approval
-Informational rulemaking hearing on 303(d) listing criteria
-Site specific: Yampa 13 (c) and drinking water use-based numbers
-ISDS Steering Committee briefing on their recommendations

• The hearing on the North Front Range Water Quality Planning Association Section 208 plan update will be in May instead of March.
• The House/Senate Joint Agriculture Committee will be briefed by the WQCC on the morning of March 13^th. The main issue will be an update on the Water Quality Standards Program.

Drinking Water Funding Issue

• EPA's process of adopting new Federal regulations is progressing rapidly and resources are not in place to address these new regulations. The Division has not kept up with these new rules to regulator's satisfaction. The State is attempting to seek funding and receive approval on new positions. The Water Utility Council has seen that the State is "under resourced". The State is working with the Water Utility Council to convene a small group of stakeholders to develop a plan for possible legislation in the next session.

Barr Lake Update (Laurie Rink)

The WQCD's Section 319 grant proposal provided for a Clean Lake Study program for Barr Lake, which has a potential 303(d) listing on pH. The Study calls for three tasks:

1. Hiring a neutral facilitator
   
   
2. Assemble data on the Barr Lake Watershed
   
   
3. Assess the data and develop a model to characterize the whole system.

The first stakeholder meeting to address these tasks was held on January 23, 2002.

Nutrient Criteria (Bob McConnell - Handouts available upon request)

• EPA has issued new criteria and deadlines as of November 14, 2001
• June 2002 is the new deadline to get the Criteria Development Plans to EPA
• EPA's Regional Technical Advisory Group (RTAG) will be meeting in the first week of March to review the Nutrient Criteria Development Plan.
• The plan will include a process and milestones but will not be detailed
• Concern: we do not know exactly what EPA's expectations are
• Concern: we have identified a lot of work--how will be have the resources to do it?
• Opportunity: stakeholders have a need/desire to do more with Nutrient Criteria
• Questions to be answered: How much should the State do? Will this keep EPA happy?
• Still need to gather more Colorado data for analysis
• Colorado Lakes and Reservoir Association has offered their assistance in gathering data needed
• The next meeting of the Nutrient Criteria Work Group is April 9^th, CDPHE, Sabin Room from 10 - noon.

Uncompahgre/Gunnison Basin Selenium Task Force Update (Karla Brown)

Karla presented a power point presentation - Handouts available upon request.

For the most recent updates on the Task Force, see their web site at: www.seleniumtaskforce.org

Website Update

The WQF web site is under reconstruction. Work Group summaries should be sent to: Donna.Pachas@CH2M.com and with a copy to Pat Nelson (pnelson@CH2M.com)

Working Group Updates

Please see separate section on the WQF web site for the most recent updates.

Next Meeting: March 25, 2002

• Legislative Update
• WQCC Update
• Rulemaking Process Work Group
• Brief Aquatic Life Working Group Update (Paul Welch) - 15'
• HB 1032 Guidance (Dave Akers) - 15'
• Possible conference updates
• Non point Source Council Update (Russ Clayschulte)