JULY 15-16, 2015 Board Meeting Agenda
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1 John W. Hickenlooper Governor Mike King DNR Executive Director James Eklund CWCB Director JULY 15-16, 2015 Board Meeting Agenda A meeting of the CWCB will be held on Wednesday, July 15, 2015 commencing at 8:00 AM and continuing through Thursday, July 16, This meeting will be held at the Sky Ute Casino Resort, located at State Highway 172 North, Ignacio, CO 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 . To receive notices by please visit: 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 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 to mara.mackillop@state.co.us, 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 , ext 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
2 Wednesday, July 15, :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 May 20-21, 2015 Board Meeting Minutes 8:07 8:10 3. Approve and/or Remove Consent Agenda Items 8:10 8:12 4. Future Board Meeting Dates in 2015 a. September Montrose b. November 18 & 19 TBD 8:12 8:17 5. Proposed Board Meeting Dates in 2016 a. January 25 & 26 Denver Tech Center b. March 16 & 17 La Junta c. May 18 & 19 Del Norte d. July 13 & 14 Steamboat e. September 14 & 15 Colorado Basin f. November 16 & 17 Denver 8:17 9:15 6. 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 9:15 9:35 7. Rio Grande Cooperative Project Report Travis Smith, CWCB Board member 9:35 10:35 8. 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 2
3 10:35 10:50 BREAK i. Yampa-White River Basin Director s Report 10:50 12:30 9. Colorado s Water Plan Water Supply & Planning Section 12:30 1:30 LUNCH 1:30 1: Financial Matters - Construction Fund and Severance Tax Perpetual Base Fund a. Projections and Cash Management Report 1:40 1: Water Project Loan a. Oligarchy Irrigation Company - Dam Outlet Works Rehabilitation 1:55 2: Change to Existing Loan a. Pisgah Reservoir and Ditch Co., Mt. Pisgah Dam/Wrights Reservoir Outlet Works Rehabilitation 2:10 2: Program Guidance Revisions: Colorado Watershed Restoration Program Watershed & Flood Protection Section 2:20 2: Criteria and Guidelines Phreatophyte Legislation Watershed & Flood Protection and Interstate, Federal, & Water Information Sections 2:55 3: RCPP Technical Assistance Funds 3:15 3: South Platte High Groundwater Legislation - Criteria & Guidelines a. HB Pilot Projects for Lowering Groundwater Table b. HB Emergency Dewatering Grant Program for Gilcrest and Sterling Areas c. Consideration of Town of Gilcrest Emergency Dewatering Application 3
4 3:45 4: River Protection Workgroup, Wild and Scenic River Alternatives Update 4:05 4: WSRA Grants Water Supply & Planning Section WSRA Applications for Consideration at the CWCB July 2015 Board Meeting Basin Applicant Name of Water Activity Colorado Colorado River Water Conservation a. District and West Divide Water Kendig Reservoir Feasibility Evaluations Conservancy District b. Colorado Water Enhancement Authority Remote Cloud Seeder North Grand Mesa c. Gunnison Water Enhancement Authority Remote Grand Mesa Cloud Seeder d. Rio Grande Meeting the Rio Grande Basin Rio Grande Watershed Conservation and Roundtables Public Education and Education Initiative Public Outreach Goals Phase II Agricultural Needs/Return Flow e. Yampa Routt County Conservation District Preliminary Assessment 4:45 RECESS Thursday, July 16, :00 9: Joint Meeting with Southern Ute & Ute Mountain Ute Tribal Councils 9:00 12: Glenwood Springs RICD 12:30 1:30 LUNCH 1:30-1: Dolores River Instream Flow Appropriation Proposed Stipulations a. Dolores Water Conservancy District b. John S. Hendricks and Western Sky Investments, LLC 1:45 2: Southwestern Water Conservation District Request to Address the Board on Instream Flow Policy 4
5 2:05 2: Request for Cancellation of Intent to Appropriate Instream Flow Water Rights On Yellow Creek 2:15 2: Attorney General s Report, Legal Briefing, and Executive Session 2:25 2:30 BREAK 2:30 3: Executive Session a. Animas-La Plata Litigation b. Colorado River Issues c. Rio Grande Legal Issues/Questions d. Pagosa Area Water & Sanitation Dist, Loan Restructuring e. Request for Authorization to Proceed to Trial in Case No. 1-12CW088 (Application of Mesa Trial Ranch LLC) 3:30 3: Report from Executive Session 3:40 3: Request for Authorization to Proceed to Trial in Case No. 1-12CW088 (Application of Mesa Trial Ranch LLC) 3:45 3: Pagosa Area Water and Sanitation District - Dry Gulch Loan Restructuring/Agreement 3:50 ADJOURN 5
6 CWCB Consent Agenda July 15-16, 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. New Prequalification Loans a. Florida Consolidated Ditch Company - Hess Lateral Improvement Project b. Lookout Mountain Water District - Upper Beaver Brook Dam Spillway Improvement Project 2. Statements of Opposition 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 cases: a. Case No. 2-15CW3005: Application of Park Center Water District b. Case No. 2-15CW3010: Application of The United States of America - US Air Force* c. Case No. 4-15CW016: Application of Cross Bar Ranch, Claudio Alvarez d. Case No. 5-15CW3032: Application of Upper Eagle Regional Water Authority e. Case No. 6-14CW3043: Application of Rio Blanco Water Conservancy District* f. Case No. 6-15CW3009: Application of Steamboat Ski & Resort Corporation *Motion to Intervene and Statement of Opposition filed. 3. Flood Plain Designations Watershed and Flood Protection Section a. "Lower St. Vrain Watershed, Phase 2 Hydrologic Evaluation", by Jacobs, dated July 2015 b. "Lower Big Thompson Watershed, Phase 2 Hydrologic Evaluation", by Jacobs, dated July 2015 c. "Boulder Creek Hydrologic Analysis, Phase 2: Boulder Creek Above St. Vrain Creek", by CH2MHill, dated June 2015 d. "Little Thompson River Hydrologic Analysis, Phase 2: Little Thompson River Above Big Thompson River", by CH2MHill, dated June Temporary Lease of Water for Instream Flow Use Colorado WaterTrust and Trout Unlimited The Board will be asked to ratify the Director s acceptance of a temporary lease of water from the Colorado Water Trust and Trout Unlimited for instream flow use on Tomichi Creek. 6
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