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Home My WebLink AboutMemo - Mail Packet - 12/24/2019 - Memorandum From Carol Webb Re: Potential State Legislative Efforts To Facilitate Water Sharing In The GmaUtilities electric · stormwater · wastewater · water 700 Wood Street PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 – fax 970.224.6003 – TDD utilities@fcgov.com fcgov.com/utilities M E M O R A N D U M TO: Legislative Review Committee THRU: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Kevin Gertig, Utilities Executive Director FROM: Carol Webb, Utilities Deputy Director - Water Resources and Treatment Operations DATE: December 13, 2019 RE: Potential State Legislative Efforts to Facilitate Water Sharing in the GMA ______________________________________________________________________________ Bottom Line: City Staff intends to work with the City of Greeley (“Greeley”) in support of potential legislation that would facilitate water sharing between Fort Collins Utilities (“Utilities”) and area water providers. Greeley is taking a lead on the potential legislation, which is a resurrection of a concept City Staff originally crafted in 2017. City Staff will work with Greeley and other stakeholders. City Staff will update the Legislative Review Committee as this item progresses. Background re 2017 Proposed Legislation: In 2017, Utilities engaged in discussions with the East Larimer County Water District and the Fort Collins-Loveland Water District (“Districts”) regarding regional water collaboration. E.g. Resolution 2017-029. One topic of discussion was how to more efficiently use Utilities’ and the Districts’ water rights more efficiently across the Growth Management Area (“GMA”). With approval from the Legislative Review Committee, City Staff crafted potential legislation for the 2018 legislative session in collaboration with Rep. Jeni Arndt (House Dist. 53). 1 The potential legislation would have authorized water sharing among municipal water providers – without the need for Water Court approval – in certain circumstances where no injury to other water rights would result. The City was the sole proponent of that potential legislation in 2017. The City held some initial discussions with the Districts regarding the proposed legislation and its benefits for them and the region. However, the Districts remained skeptical, in part due to the tight timelines the City faced in 1 Memorandum re: Potential State Legislative Efforts to Facilitate Water Sharing in the GMA, July 16, 2017. DocuSign Envelope ID: 967EAA8B-BA92-46B8-BB74-A338555B947C the leadup to the 2018 legislative session. The City ultimately decided to not pursue the potential legislation at that time and the potential legislation was not introduced in the 2018 legislative session. Background re 2019 Revival of Proposed Legislation: Since 2017, discussions regarding regional water collaboration have continued, with Greeley becoming more involved. In 2019, Greeley Staff has indicated to City Staff that it is very supportive of the potential legislation that the City crafted in 2017 and intends to renew and pursue it as the proponent with various Colorado State legislators. City Staff remains supportive of the concept that Greeley appears to be pursuing, for the same reasons that the City supported the concept in 2017. The potential legislation will likewise be consistent with the 2019 Legislative Policy Agenda, adopted December 4, 2018 (“Supports enhanced municipal authority to protect and increase the flexibility and resiliency of its water supply under Colorado’s appropriation doctrine.”). Next Steps: Absent direction to the contrary, City Staff will work with Greeley on the potential legislation. Attachment: Memorandum re: Potential State Legislative Efforts to Facilitate Water Sharing in the GMA, July 16, 2017. Pc: Eric Potyondy, Assistant City Attorney DocuSign Envelope ID: 967EAA8B-BA92-46B8-BB74-A338555B947C Utilities electric · stormwater · wastewater · water 700 Wood Street PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 – fax 970.224.6003 – TDD utilities@fcgov.com fcgov.com/utilities M E M O R A N D U M TO: Legislative Review Committee THRU: Darin Atteberry, City Manager Kevin R. Gertig, Utilities Executive Director FROM: Carol Webb, Water Resources Treatment and Operations Manager DATE: July 26, 2017 RE: Potential State Legislative Efforts to Facilitate Water Sharing in the GMA ______________________________________________________________________________ Bottom Line: Staff desires to work with Colorado State legislators, including Rep. Jeni Arndt (House Dist. 53), and the City Attorney’s Office to explore and pursue potential legislation that would facilitate water sharing between Utilities and area water providers. If approved, staff would provide periodic updates to the Legislative Review Committee. Background: Utilities staff has been involved in ongoing discussions with the East Larimer County Water District and the Fort Collins-Loveland Water District (“Districts”) regarding regional water collaboration. E.g. Resolution 2017-029. Utilities also delivers water to the Districts pursuant to several existing agreements. One topic of discussion has been how to more efficiently use Utilities’ and the Districts’ water rights more efficiently across the Growth Management Area (GMA). Issue: Many of Utilities’ and the Districts’ water rights can only be used in the water providers’ respective service areas. This can be changed through a Water Court process that is costly (in time and money) and risky (because other water users can attack the water rights being changed). This creates significant barriers that effectively preclude potentially mutually-beneficial arrangements. Potential Solution: The Colorado State Legislature could enact legislation authorizing water sharing among municipal water providers – without the need for Water Court – in certain circumstances where no injury to other water rights would result. Analogous legislation facilitating water storage was passed last DocuSign Envelope ID: 6B5B24A6-967EAA8B-2D59-BA92-4B53-46B8-8F2B-BB74-A7F24590F3BD A338555B947C session as House Bill 17-1291, which was Rep. Arndt’s bill. This concept was discussed briefly with Rep. Arndt at the annual Tri-City District Water Board Meeting on May 25, 2017. Such legislation would reduce significant barriers to regional collaboration for water sharing and planning, which would promote efficiency and conservation across the GMA. It would also increase the City’s ability to flexibly use its water resources across the GMA for the benefit of its ratepayers, and to meet current obligations. This is consistent with the 2017 Legislative Policy Agenda, adopted November 15, 2016. That policy states at page 25 that the City supports: encouraging regional collaboration for water planning, and efficiency and conservation implementation; and enabling the City to develop, protect, and increase the flexibility and resiliency of its water supply under Colorado’s appropriation doctrine. Next Steps: Staff desires to work with Rep. Arndt and others to explore and pursue potential legislation on this issue, including at the Colorado Legislature’s Water Resources Review Committee on September 6- 7, 2017. If approved, staff would provide periodic updates to the Legislative Review Committee. Pc: Eric Potyondy, Assistant City Attorney DocuSign Envelope ID: 6B5B24A6-967EAA8B-2D59-BA92-4B53-46B8-8F2B-BB74-A7F24590F3BD A338555B947C