Andrew Rickert
303-866-3441 x3249
May 2018 Notice & Agenda

A meeting of the CWCB will be held on Wednesday, May 23, 2018 commencing at 8:30 AM and continuing through Thursday, May 24, 2018. The meeting will be held at the Salida Steam Plant Theater, located at 220 West Sackett Ave, Salida, CO 81201. A bike tour of the Arkansas River will be held on Tuesday, May 22, 2017.

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 email. To receive notices by email 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 on YouTube, although Board workshops are not. To listen to the proceedings, click the “Listen to the meeting LIVE!” link on the CWCB website homepage and select the link for the proper day and time. The link will be posted just prior to the start of the meeting.

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 email to, 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 Andrew Rickert at 303-866-3441, ext. 3249. All programs, services, and activities of the CWCB are operated in compliance with the Federal Americans with Disabilities Act (ADA).

Wednesday, May 23, 2018

8:30 – 8:32 CWCB Call to Order and Pledge of Allegiance
8:32 – 8:35 1. Board Appointments
8:35 – 8:37 2. Review and Approve Agenda
8:37 – 8:40 3. Review and Approve March 21 - 22, 2018 Board Meeting Minutes
8:40 – 8:43 4. Approve and/or Remove Consent Agenda Items
8:43 – 8:45 5. Board Meeting Dates in 2018
  1. July 18 & 19 Colorado Mainstem Basin
  2. September 18 - 20 Steamboat
  3. November 14 & 15 South Platte Basin
8:45 – 9:30 6. Directors’ Reports
  1. DNR Executive Director
  2. IBCC Director
  3. Agriculture Commissioner
  4. CWCB Director
  5. State Engineer
  6. Division of Parks and Wildlife Director
  7. Water Resource and Power Development Authority
9:30 – 9:40 7. Financial Matters – Construction Fund and Severance Tax Perpetual Base Fund
Finance Section
  1. Financial Projections and Cash Management Report
9:40 – 9:55 8. Water Project Loans/Grants
Finance Section
  1. Ogilvy Irrigating and Land Company – Seeley Reservoir Dredging
9:55 – 10:15 9. Water Project Loans
Finance Section
  1. San Luis Valley Canal Company – San Luis Valley Canal Headgate Construction
  2. Julesburg Irrigation District – Diversion Structure Rehabilitation
10:15 – 10:25 BREAK
10:25 – 10:55 10. Severance Tax Operational Fund Grants
Finance Section
10:55 – 11:15 11. Wild and Scenic Rivers Fund Annual Review
Interstate, Federal & Water Information Section
11:15 – 11:30 12. Alternative Transfer Method Grant
Water Supply Planning Section
ATM Grant Program Applications for Consideration at the May 2018 CWCB Board Meeting
Applicant Water Activity

Rio Grande Headwaters Land Trust

Cactus Hill/Alamosa ATM Conservation Easement
11:30 – 11:50 13. Invasive Phreatophyte Control Program Update
Interstate, Federal & Water Information Section
11:50 – 12:00 14. Uncontested 2018 Instream Flow Appropriations in Water Division 3, 4, and 6
Stream and Lake Protection Section
12:00 - 12:20 15. Colorado Water Plan Implementation Update – TAP-IN and Gutter Bin
Water Supply Planning Section
12:20 – 1:20 LUNCH
1:20 – 1:30 16. Contested 2018 Instream Flow Appropriations in Water Division 5
Stream and Lake Protection Section
1:30 – 1:35 17. Update on Himes Creek Instream Flow Recommendation in Water Division 7
Stream and Lake Protection Section
1:35 – 1:55 18. Lease of Water for Instream Flow Use on Fryingpan River (Water Division 5)
Stream and Lake Protection Section
1:55 – 2:15 19. Statewide Water Supply Initiative Update
Water Supply Planning Section
2:15 – 2:35 20. Colorado Water Conservation Board – Youth Corps Partnership
2:35 – 2:40 21. Attorney General’s Report, Legal Briefing, and Executive Session
2:40 – 2:50 BREAK
2:50 - 3:50 22. Executive Session
  1. Colorado River Issues
    • 1. Drought Contingency Planning
    • 2. Basin Fund MOA
    • 3. Aspinall Unit
  • Rio Grande Issues
  • Texas v. New Mexico and Colorado
  • Republican River
  • Platte River Recovery Implementation Program
  • Case No. 15CW3111, Water Division 4 (Application of Colorado Water Conservation Board on Dolores River)
    1. 3:50 – 3:55 23. Report from Executive Session
      3:55 – 4:15 24. Litigation Fund
      Interstate, Federal & Water Information Section
      1. Annual Report to the General Assembly
      2. Requests for Authorization
      4:15 RECESS
      Thursday, May 24, 2018
      8:45 – 10:00 25.Basin Directors’ Reports
      1. Colorado River (Mainstem) Basin Director’s Report
      2. San Juan/San Miguel-Dolores River Basin Director’s Report
      3. Gunnison River Basin Director’s Report
      4. North Platte River Basin Director’s Report
      5. South Platte River Basin Director’s Report
      6. Arkansas River Basin Director’s Report
      7. City and County of Denver Director’s Report
      8. Rio Grande River Basin Director’s Report
      9. Yampa-White River Basin Director’s Report
      10:00 – 10:10 BREAK
      10:10 – 10:30 26.Aquatic Nuisance Species Update
      Interstate, Federal & Water Information Section
      10:30 – 10:50 27.System Conservation Pilot Program
      Interstate, Federal & Water Information Section
      10:50 – 11:10 28.Upper Colorado Recovery Implementation Program Update
      Interstate, Federal & Water Information Section
      11:10 – 11:35 29.Water Supply Reserve Fund (WSRF)
      Water Supply Planning Section
      Basin Applicant Water Activity


      Gunnison Keh-Land Company Kehmeier Reservoir Dam Riprap


      Gunnison Lake Fork Valley Conservancy Nellie Creek Toilet Retrofit


      North Platte Jackson County Water
      Conservancy District
      North Platte Basin Airborne Cloud Seeding Project


      Rio Grande Terrace Reservoir Company Inc Terrace Reservoir, Outlet Works Inspection and Repair Analysis, Phase I


      Colorado Jerry Eller Antelope Reservoir Rehabilitation


      Colorado Book Cliff, Southside and Mount Sopris Conservation Districts Agriculture Water Plan for Garfield County


      Colorado Roaring Fork
      Roaring Fork Watershed Interactive Information System
      11:35 – 12:05 30. Water Education Colorado – Annual Scope of Work
      Water Supply Planning Section
      12:05 – 1:05 LUNCH
      1:05 – 1:10 31. Water Plan Grants – Overview
      1:10 – 1:25 32. Water Plan Grants – Engagement & Innovation (Final)
      1. The Greenway Foundation - Clean River Design Challenge
      2. Water Education Colorado - Design and Build Statewide, Data-Based Strategic Water Education Action Plan and Associated Tools
      3. Left Hand Watershed Oversight Group - Stewardship Through Community Science
      4. Denver South Transportation Management Association - InfraRed Plant Stress Monitoring Pilot
      5. Sangre de Cristo Acequia Association - Preserving the Hispano Water Culture Curriculum
      6. Metro State University of Denver – OWOW Center – Activating CO Water Plan with Student Innovation
      1:25 – 1:35 33. Water Plan Grants – Agriculture (Final)
      1. Fire Mountain Canal & Reservoir Company – Automation, Remote Monitoring, & SCADA to improve System Efficiency
      2. Florida Consolidated Ditch Company - Florida Canal Structure Rehabilitation Project: Phase 2
      3. San Luis Valley Water Conservancy District - Rio Grande Basin Soil Moisture Pilot Project
      4. Arkansas River Watershed Collaborative – Arkansas Basin Project Implementation Guide to Watershed Health
      1:35 – 1:40 34. Water Plan Grants – Storage (Final)
      1. Ogilvy Irrigating and Land Company – Seeley Reservoir Dredging
      2. City of Walsenburg – City Lake Dam Enlargement Reauthorization
      1:40 – 1:50 35. Water Plan Grants – Supply Demand/Gap (Final)
      1. Town of Castle Rock - Plum Creek Water Purification Facility Advanced Treatment Project
      2. Pikes Peak Regional Water Authority - El Paso County Groundwater Depletions: Project Implementation Strategies to Meet the Supply & Demand Gap
      1:50 – 2:05 36. Water Plan Grants – Environmental & Recreation (Final)
      1. Mountain Studies Institute - Animas River Removal and Replacement of Invasive Phreatophytes, Phase II
      2. Rio Grande Watershed Emergency Action Coordination Team (RWEACT) - Upper Rio Grande Environmental Restoration and Recreation Infrastructure Improvements
      3. City of Steamboat Springs - Fish Creek Critical Community Watershed Wildfire Protection Plan
      4. Florida Consolidated Ditch – Florida Canal Diversion Structure Rehabilitation Project: Phase 2
      2:05 – 2:20 37. Water Plan Grants – Water Conservation and Land Use (Final)
      1. Babbitt Center for Land & Water Policy, Getches-Wilkinson Center for Natural Resources - Guidance to Covered Entities for Land Use Planning Components of Water Efficiency Plans
      2. Green Mountain Water & Sanitation District - Customer Engagement & Analytics Tool
      3. The Meadows Neighborhood Company - Targeted, Integrated Irrigation Efficiency Improvements and Mgmt and Turf Conversion for Reduced Water Use
      4. Year One, Inc. dba Mile High Youth Corps - Energy and Water Conservation Program
      5. Sonoran Institute - Colorado Growing Water Smart
      6. Western Resource Advocates (WRA) - Best Practices for Water Meter Retrofit Projects Financed by State Performance Contracts in CO
      7. Western Resource Advocates (WRA) - Conservation Oriented Tap Fees: Guide and Workshop
      2:20 – 2:40 38. Water Plan Grant Process for FY 18-19
      2:40 ADJOURN

      CWCB Consent Agenda May 23-24, 2018
      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. Statements of Opposition
      Stream & Lake Protection Section


      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 and to protect CWCB’s exclusive authority to hold instream flow water rights in the following water court cases:

      1. Case No. 16CW17 (Water Division 2): Application of Randall L. Hancock and Renate L. Hancock
      2. Case No. 16CW3062 (Water Division 2): Application of Riverside Ditch and Extention Company*
      3. Case No. 18CW3014 (Water Division 2): Application of John Hightower and Melissa Hightower
      4. Case No. 18CW3062 (Water Division 5): Application of Oldcastle SW Group Inc.
      *Motion to Intervene and Statement of Opposition Filed

      2. New Prequalification Loans
      Finance Section
      1. Bullseye Holdings, LLC – Water Rights Purchase
      3. Water Plan Grant Modifications
      1. Change of Fiscal Agent for Water Plan Grant, TAP-IN, from Open Water Foundation to Bonneville Environmental Foundation