John W. Hickenlooper Governor Mike King DNR Executive Director James Eklund CWCB Director May 20 - 21, 2015 Board Meeting Agenda A meeting of the CWCB will be held on Wednesday, May 20, 2015 commencing at 8:00 AM and continuing through Thursday, May 21, 2015. This meeting will be held in Sterling, CO at Northeastern 18, 17408 CO-14, Sterling, CO 80751. 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: http://cwcb.state.co.us/Pages/CWCBIBCCInsider.aspx. 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 posted at 1313 Sherman Street, Suite 721, Denver, CO 80203, and on our website at www.cwcb.state.co.us. The CWCB’s meetings are made available through live audio streaming, although Board workshops are not. To listen to the proceedings, click the “Listen to the meeting LIVE!” link on the CWCB website homepage. The link will be posted just prior to the start of the meeting. Listeners must have a program on their computer or mobile device that handles streaming media (such as Windows Media Player, RealPlayer or similar) in order to hear the audio broadcast. PowerPoint presentations are also being made available to the public. To watch presentations that accompany agenda items, click the “Watch Presentations” link on the CWCB website homepage. You will encounter a few dialogue boxes: 1) click Run for the See-and-Share loader, 2) click Run, to run the software, and 3) enter your name to join the conference and click ok. The CWCB encourages citizens to express their views and provide feedback to the Board on the agenda items. This can be done by sending an email to [email protected], by sending a letter to a Board member or to the Chair of the Board, or by attending the meeting. If you attend a meeting, simply fill out a comment sheet and give it to the Board Coordinator at the recording station. 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 Mara MacKillop at 303-866-3441, ext. 3242. All programs, services, and activities of the CWCB are operated in compliance with the Federal Americans with Disabilities Act (ADA). Interstate Compact Compliance • Watershed Protection • Flood Planning & Mitigation • Stream & Lake Protection Water Project Loans & Grants • Water Modeling • Conservation & Drought Planning • Water Supply Planning Wednesday, May 20, 2015 8:00 – 8:02 CWCB Call to Order and Pledge of Allegiance 8:02 – 8:05 1. Review and Approve Agenda 8:05 – 8:07 2. Review and Approve March 18 -19, 2015 Board Meeting Minutes 8:07 – 8:10 3. Approve and/or Remove Consent Agenda Items 8:10 – 8:15 4. Proposed Board Meeting a. January 25 & 26 b. March 16 & 17 c. May 18 & 19 d. July 13 & 14 e. September 14 & 15 f. November 16 & 17 8:15 – 8:17 5. Future Board Meeting Dates in 2015 a. July 15 & 16 Ignacio b. September 16 & 17 Montrose c. November 18 & 19 TBD 8:17 – 9:15 6. 9:15 – 10:00 7. Colorado’s Water Plan Update Water Supply & Planning Section 10:00 – 10:15 BREAK 10:15 – 12:00 8. Basin Implementation Plan Presentations a. 10:15 – 10:50 - South Platte/Metro: Joe Frank & Mark Koleber b. 10:50 – 11:25 - Rio Grande: Heather Dutton c. 11:25 – 12:00 - Gunnison: Frank Kugel & Greg Johnson Dates in 2016 Denver Tech Center Arkansas Basin Alamosa Steamboat Colorado Basin TBD Directors’ Reports a. DNR Executive Director b. IBCC Director c. Agriculture Commissioner d. CWCB Director e. State Engineer f. Division of Parks and Wildlife Director g. Water Resource and Power Development Authority 2 12:00 – 1:00 LUNCH 1:00 – 3:45 8. Continued Basin Implementation Plans d. 1:00 – 1:10 - North Platte: Greg Johnson e. 1:10 – 1:45 - Southwest: Carrie Lile & Ann Oliver f. 1:45 – 2:20 - Arkansas: Jim Broderick g. 2:20 – 2:55 - Colorado: Karl Hanlon h. 2:55 – 3:30 - Yampa/White: Mary Brown 8B. Basin Roundtable Path Forward Discussion Water Supply & Planning Section 3:45 – 4:00 9. Colorado Foundation for Water Education 2015-2016 Scope of Work Water Supply & Planning Section 4:00 – 4:45 10. WSRA Grants WSRA Applications for Consideration at the CWCB May 2015 Board Meeting Basin Applicant Name of Water Activity Colorado Grand Valley Water Users Grand Valley Water Users Association Water a. Association Management Plan Update Basalt Water Conservancy Roaring Fork Watershed - Missouri Heights b. Colorado District Groundwater Monitoring Program Phase IIA Marcot Park Ditch & Engineering Review of Marcot Dam & Outlet c. Gunnison Reservoir Co. Structure North Colorado Division of Parks Mallon Ditch Extension Bypass Structure d. Platte and Wildlife Kerber Creek Restoration Project – Middle Parcel e. Rio Grande Trout Unlimited Conejos River System Water Conejos Groundwater Monitoring and Analysis f. Rio Grande Users Association Upper Dolores CAMP (Coldwater-Fisheries g. Southwest Trout Unlimited Adaptive Management Plan) Town of Mountain Village 2015 Waterline h. Southwest Town of Mountain Village Extension Project 4:45 – 5:00 11. ATM Application ATM Applications for Consideration at the CWCB May 2015 Board Meeting Lower Arkansas Valley Water Conservancy District 5:00 Rotational Fallowing – Leasing Catlin Canal Pilot Project Implementation and Operations Program in the Arkansas River Basin RECESS 3 Thursday, May 21, 2015 8:00 – 9:00 12. Basin Directors’ Report a. Colorado River (Mainstem) Basin Director’s Report b. San Juan/San Miguel-Dolores River Basin Director’s Report c. Gunnison River Basin Director’s Report d. North Platte River Basin Director’s Report e. South Platte River Basin Director’s Report f. Arkansas River Basin Director’s Report g. City and County of Denver Director’s Report h. Rio Grande River Basin Director’s Report i. Yampa-White River Basin Director’s Report 9:00 – 9:10 13. Financial Matters - Construction Fund and Severance Tax Perpetual Base Fund Finance Section a. Projections and Cash Management Report 9:10 – 10:15 14. Water Project Loans Finance Section a. Uncompahgre Valley Water Users Association – Drop 5 Hydroelectric Project b. Lower Poudre Augmentation Company – Cornish Water Rights Purchase c. Lower Arkansas Valley Water Conservancy District - Water Rights Purchase d. Plum Valley Heights Subdistrict of the Roxborough Water and Sanitation District – Raw Water Supply Project 10:15 – 10:30 BREAK 10:30 – 10:45 15. Uncontested 2015 Instream Flow and Natural Lake Level Appropriations Stream & Lake Protection Section 10:45 – 11:00 16. 2014 and 2015 Contested Instream Flow Appropriations Stream & Lake Protection Section 11:00 – 11:15 17. Proposed Acquisition of Contractual Interest in Water on the 15 Mile Reach of the Colorado River, Water Division 5 Stream & Lake Protection & Interstate and Federal Sections 4 11:15 – 11:25 18. Request for Authorization to Proceed to Trial in Case No. 111CW265 (Application of the City of Fort Collins) Stream & Lake Protection Section 11:25 – 11:35 19. Attorney General’s Report, Legal Briefing, and Executive Session 11:35 – 12:35 20. Executive Session a. Case No. 1-11CW265: Application of the City of Fort Collins b. Bear Creek Lake c. Colorado River Issues d. Rio Grande Interstate Litigation e. Animas-La Plata Litigation 12:35 – 1:35 LUNCH 1:35 – 2:00 21. Wild and Scenic Rivers Issues Stream and Lake Protection & Interstate and Federal Sections a. Updates b. Annual review of the fund 2:00 – 2:15 22. Litigation Account Interstate, Federal, & Water Information Section a. Annual Report to the General Assembly b. Requests for authorizations 2:15 – 2:40 23. Report on South Platte High Groundwater Issues Interstate, Federal, & Water Information Section 2:40 – 2:55 24. Report on Non-Native subcommittee work for the Upper Colorado River Recovery Program Interstate, Federal, & Water Information Section 2:55 – 3:15 25. Colorado River System Conservation Agreement Update and Approval as a state approved conservation program Interstate, Federal, & Water Information Section 3:15 – 3:20 26. Report from Executive Session 3:20 ADJOURN 5 CWCB Consent Agenda May 20-21, 2015 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 at the end of the meeting or at the next meeting. 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. This consent agenda item has been removed. 2. Deferral of Consideration of Request to Inundate Stream & Lake Protection Section – The Board will be asked to ratify the Director's approval to defer consideration of a request to inundate two of the Board’s instream flow water rights on North Fork Cache la Poudre River in Water Division 1. a. Case No. 1-13CW3185: Application of the City of Fort Collins 3. Statements of Opposition Stream & Lake Protection Section - The Board will be asked to ratify Statements of Opposition that have been filed by staff to protect instream flow and natural lake level water rights in the following water court cases: a. Case No. 1-15CW3021: Application of the City of Brighton b. Case No. 5-15CW3000: Application of the Town of Silverthorne 4. New Prequalification Loans Finance Section a. Orchard Ranch Ditch Company – Ditch Piping Project 5. Statement of Opposition Interstate, Federal, and Water Information Section – The Board will be asked to ratify a Statement of Opposition that was filed by staff to protect Colorado’s ability to promote maximum utilization of the waters of the State for the following Recreational In-Channel Diversion (RICD) case: a. Case No. 1-15CW3025: Application to Make Absolute and for a Finding of Reasonable Diligence by the City of Golden 6
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