29d

• Board Meeting Date: 11/19/2008
• Description: CF Section – Referred Non-Reimbursable Investments - Arkansas River Surface Water Rules Technical/Financial Assistance
• Board Meetings - Doc Type: Memo

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1313 Sherman Street, Room 721

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T0: Colorado Water Conservation Board -Finance Committee Bill Ritter, Jr.
Governor

FROM: Dan McAuliffe, Deputy Director Harris D. Sherman
DNR Executive Director
Steve Miller, Water Supply Protection Program
Jennifer L. Gimbel
CWCB Director
DATE: November 7
2008
, Dan McAuliffe
CWCB Deputy Director
SUBJECT: Agenda Item 29d, November 18-19, 2008 Board Meeting
Water Supply Planning and Finance Section -
Referred Non-Reimbursable Investments
Arkansas River Surface Water Rules TechnicallFinancialAssistancc
Background:
While increased agricultural efficiency is generally encouraged across the State as beneficial to
water supply conditions and the environment, as well as farm economics, the provisions of
Article IV. D. of the Arkansas River Compact require that the potential increased consumptive
use does not cause an increase to depletions of usable Stateline flows. (CRS 37-69-101). With
the recent resolution of the Kansas v Colorado litigation and the lingering effects of the 2002
drought there has been an accelerating interest in bringing more efficient irrigation technology
into the Arkansas Basin. The Colorado State Engineer (SEO) has thus determined that there is a
need to adopt rules to regulate and mitigate the effects of improving agricultural water use
efficiency in the Basin to avoid future Compact compliance issues. It is expected that water
users in the basin may need technical and financial assistance from the CWCB to address the
impacts of the rules which will require specific measures to prevent potential Compact
violations.
Staff Recommendation:
Staff recommends the Board include the following proposed statutory language in the 2009
Projects Bill:
SECTION .Arkansas River Surface Water Rules Technical and Financial Assistance. The
Colorado water conservation board is authorized to expend up to two hundred and fifty thousand
dollars ($250,000) from the Colorado water conservation board construction fund to provide
technical and financial assistance to eligible water users in the Arkansas River Basin who must
comply with surface water use rules that regulate consumptive use increases as a result of
improved agricultural water use efficiency.
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Development