J_WRARC_2024A 03/20/2024 07:36:35 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON WATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE

Date

03/20/2024

Attendance
Bridges	E
Catlin	X
Hinrichsen	X
Kirkmeyer	X
Lynch	X
Martinez	E
McLachlan	X
Simpson	X
McCormick	X
Roberts	X

Time

07:36:35 AM to 08:45:00 AM

Place

HCR 0112

This Meeting was called to order by

Roberts

This Report was prepared by

Alexa Kelly

Hearing Items	Action Taken
hWetlands, WOTUS, and Colorado's Role	Committee Discussion Only
hGrowth, Density, and Water Demand Planning	Committee Discussion Only

07:36:37 AM

Chair McCormick welcomed the committee and provided opening comments.

07:37:46 AM

Jayla Poppelton,
Water Education Colorado (WEco), introduced the presentations and gave
a background on WEco.

Presentation materials for this meeting can be found here: https://leg.colorado.gov/content/jwrarc2024ascheduleandmeetingmaterials.

07:41:02 AM

Doug Kemper, Colorado Water Congress, provided opening comments.

Wetlands, WOTUS, and Colorado's Role - Committee Discussion Only


	07:43:07 AM	Gabe Racz, Partner, Vranesh & Raisch, and Colorado Water Congress Water Quality Representative, discussed the history of the Waters of the United States (WOTUS), the definition of navigable waters and dredge and fill permitting. He told the committee about the various U.S. Supreme Court cases that have changed WOTUS definitions and how wetlands are or are not included under different federal rules. He spoke about the "significant nexus test" and how it has been used to determine which wetlands would be included under WOTUS, and concerns that have come up over the use of this test.
	07:57:21 AM	Mr. Racz responded to questions from the committee about what is considered adjacent to wetlands and how human made structures affect this, the need for clearer definitions, and state decisions on this topic.
	08:04:05 AM	Nicole Rowan, Colorado Department of Public Health and Environment - Water Quality Control Division, presented to the committee. She spoke about wetlands and ephemeral streams and what these include and how the change in the definition of navigable waters and how dredge and fill permitting has changed water quality management of wetlands and ephemeral streams. She discussed what other states across the U.S. have done when it comes to dredge and fill permitting, and what CDPHE has done with stakeholder engagement on the permitting process. She told the committee about the WOTUS task force that met and what sort of new permitting program could be developed.
	08:15:13 AM	Ms. Rowan responded to questions from the committee regarding "gap" waters and the state's definition of these, definitions from the Attorney General on state waters, and the loss of state wetlands over time.

Growth, Density, and Water Demand Planning - Committee Discussion Only


	08:22:05 AM	Doug Kemper introduced the presentation and panelists Dave Payne and Greg Fischer. Dave Payne, Ute Water Conservancy District, discussed what his role is and how his district provides water to its customers. Greg Fischer, Denver Water, spoke about planning for the future and the importance of forest and watershed health.
	08:28:29 AM	The panelists discussed the threats of climate change and adapting to it to manage water to meet future needs, the sustainability of reservoirs, and how landscapes will be impacted by growth.

08:43:38 AM

Jayla Poppleton spoke
about future learning opportunities from WEco.

08:45:00 AM

The committee adjourned.

Wetlands, WOTUS, and Colorado's Role - Committee Discussion Only

Growth, Density, and Water Demand Planning - Committee Discussion Only

Colorado General Assembly