8D

• Board Meeting Date: 1/22/2008
• Description: CWCB Legislative Priorities and Recommendations - Water Conservation Guideline and Plan Clarifications
• Board Meetings - Doc Type: Memo

STATE OF COLORADO
Colorado Water Conservation Board ,
De artment of Natural Resources
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TO: Colorado Water Conservation Board Members xa,~is D. sncrnran
DNR Exncutivc Director
FROM: Veva McCaig, Section Chief Tennifer T-. Cri,nbel
Office of Water Conservation & Drought Planning cwcR nirectnr
Dan \IcAuliffn
DATE: January 22, 2~~ g CWCB Depu[y Directrn
SUBJECT: Agenda Item 8d, January 22-23, 2007 Board Meeting
Water Supply Planning & Finance Section-Proposed Statute
Revision/Legislation within the 2008 R•ojects Bill-Clarification of Water
Conservation Plan Elements
Introduction
The staff seeks a statutory change regarding the water conservation planning elements to be
considered in Water Conservation Plans submitted to the CWCB for approval by covered
entities. The amendment strives to clarify the extent to which and the manner in which a covered
entity will consider and include the minimum planning elements as they develop their Water
Conservation Plans. The statute pertaining to the planning elements was most recently amended
in 2004 under HB04-1365, in which the legislature added additional planning elements aimed at
ensuring that covered entities had plans for developing, implementing, monitoring, reviewing,
and revising their Water Conservation Plans, as well as an element for an estimate of the amount
of water to be saved through conservation when the plan is implemented. Water conservation
and the resulting water savings are a critical component of the State Water Supply Initiative.
Background & Discussion
X37-60-126 C.R.S. Water conservation and drought mitigation planning -programs -
relationship to state assistance for water facilities -guidelines -water efficiency grant
program -repeal, identifies the elements to be minimally considered in all water conservation
plans submitted to the State by a covered entity. Currently the statute identifies the minimum
planning elements that shall be "considered" by all covered entities as they develop and/or
update their Water Conservation Plans. However, the term "considered" has resulted in different
interpretations pertaining to the extent to which and the manner in which these elements are to be
considered for planning and implementation. Interpretations include that the planning elements
be thought of and qualitatively analyzed but in the end many not have to be incorporated or
accounted for in the final Plan. Whereas, the CWCB staff is interpreting the term "consider" to
mean that planning elements be quantitatively analyzed, via a cost benefit analysis, and shall be
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream X Lake Protection • Water Supply Planning X Finance
Water Consewation & Drought Planning • intrastate Water Management & Development