The final recommendations from the Colorado River Drought Task Force, entrusted with addressing water-saving solutions for the increasingly parched Colorado River, primarily focus on expanding and refining existing programs.
The perilous state of the river—exacerbated by drought, rising temperatures, diminished precipitation, arid soils and overuse in the Lower Basin states (Arizona, California and Nevada)—threatens the river and the surrounding communities and economies.
The Colorado General Assembly, through SB23-295, mandated the formation of a task force to propose legislative solutions for tackling drought in the Colorado River Basin, ensuring the state’s ability to fulfill its interstate commitments concerning the Colorado River and its tributaries. The 17-member task force comprised stakeholders from state and local governments, water agencies, the agriculture sector, Tribes and environmental groups.
From July to December 2023, the Drought Task Force convened 10 times, while the Sub-Task Force on Tribal Affairs held six meetings.
Recommendations
The task force compiled an inventory of tools, programs and resources to enhance drought resiliency for individuals relying on the Colorado River waters within the state and the sovereign nations within its boundaries.
They released the following eight recommendations to the legislature:
• The state government consistently funds the Technical Assistance Grant program with state funds at the level advised by the Colorado Water Conservation Board, aligning with demand.
• Increase state funding for aging water infrastructure, which could include replacing and
upgrading diversion structures, headgate and conveyance efficiency improvements.
• Prioritize forest health and wildfire-ready watersheds by creating stronger criteria for state funding for Community Wildfire Protection Plans.
• Modify the instream flow temporary loan program statute to permit owners of decreed storage water rights to lend water to the Colorado Water Conservation Board to preserve or enhance the natural environment.
• Expand the Agricultural Water Rights Protection program, which allows producers to make
water temporarily available for other uses while keeping water in agriculture statewide.
• Continue funding to measure snowpack and streams state-wide for large-scale projects and devices to measure water efficiencies for local projects.
• Consider financing a statewide evaluation of changes in riparian plant communities and examine the impacts on water resources for invasive plants. Increase the budget for the Colorado Department of Agriculture’s noxious weed removal enforcement program.
• Increase funding for turf removal to $5 million per year and increase the amount one entity can access.
Sub-Task Force
In addition to the Drought Task Force recommendations, the Sub-Task Force on Tribal Affairs, representing the Southern Ute and Ute Mountain Ute tribes, issued recommendations for developing the Tribes’ water rights and improving their water systems.
The recommendations include funding for analyzing the Tribes’ available water quantity, its impacts on the Colorado River system, and how much they should be compensated for not using the water. The task force recommended the Colorado Legislature and Gov. Jared Polis (D) send a letter to Congress asking to appropriate $35 million authorized for the Indian Irrigation Fund.
The task force also asks the legislature to provide the Colorado Water Conservation Board
discretion to waive or reduce the 25% matching fund requirements for grants to Tribal Nations for water projects.
Lastly, the task force seeks collaboration with state agencies and stakeholders to explore the feasibility of incorporating cultural values of harvesting plants and animals in ceremonies into in-stream flow protections.
Other issues not addressed
The task force discussed but did not act on other topics, such as creating additional storage to enhance agricultural uses and small storage facilities for multiple uses.
They also took no action to direct the Colorado state engineer to adopt guidance for administering storage, timing and water releases to prevent curtailment under the Colorado River Compact while also enhancing stream health and meeting endangered fish recovery program flow targets.
The task force did not vote on a legislative resolution asserting that the excessive utilization by the Lower Basin states contributes to the decline of water resources in the Colorado River, urging the Lower Basin states to implement permanent reductions in their water usage.
Dan Gibbs, executive director at the Colorado Department of Natural Resources, thanked the task force for their efforts and careful examination of drought, water supply, infrastructure and wildlife concerns.
Gibbs also thanked state Sen. Dylan Roberts (D-08) and Rep. Julie McCluskie (D-13) for their involvement and leadership and said he looked forward to collaborating with them and sustaining discussions on pertinent legislative proposals in the upcoming 2024 legislative session.
Roberts told the Greeley Tribune he was disappointed with the final recommendations as the task force discussed but should have taken action on some of the biggest questions the state faces, such as actions to take when water cuts are implemented.
“It’s our job to plan for the worst and hope for the best,” Roberts said. “And I think, overall, the task force, for a variety of reasons, didn’t have that mindset.”
The legislature will consider the recommendations when it convenes in January.
“It certainly wasn’t a failure or a waste of time at all,” Roberts said. “This is going to be an iterative process—we’re not going to be able to pass one bill and fix all the water issues.” — Charles Wallace, WLJ contributing editor
