Notice
First Regular Joint Quarterly Meeting of the
Board of Directors of the
Colorado River Water Conservation District and of the
Colorado River Water Conservation District
Acting by and Through Its
Colorado River Water Projects Enterprise
January 21-22, 2020
9:00 a.m.
Glenwood Springs, Colorado
The first regular joint quarterly meeting of 2020 of the Board of Directors of the Colorado
River Water Conservation District and of the Colorado River Water Conservation District
acting by and through its Colorado River Water Projects Enterprise will be held on Tuesday
January 21, 2020 commencing at 9:00 a.m. at the offices of the Colorado River Water
Conservation District, 201 Centennial Street, Glenwood Springs, Colorado and continuing
to Wednesday January 22, 2020 at 8:30 a.m.

 Agenda
First Regular Joint Quarterly Meeting of the
Board of Directors of the
Colorado River Water Conservation District
and of the
Colorado River Water Conservation District
Acting by and Through Its
Colorado River Water Projects Enterprise
January 21-22, 2020
9:00 a.m.
Glenwood Springs, Colorado
Please Note: Executive Session is scheduled on Tuesday January 21, 2020 at
approximately 9:20 a.m.
9:00

1.

Review Meeting Agenda and Objectives.

9:00-9:05

2.

Presentation and Report of Directors’ Credentials for Mesa, Moffat, Pitkin, Routt
and Saguache Counties.

9:05-9:10

3.

Election of Board Officers for 2020:
a.
Election of President.
b.
Election of Vice President.

9:10-9:15

4.

Appointment of Committees for 2020:
a.
Executive Committee (Rotation).
b.
Other Standing Committees.
c.
Retirement Advisory Committee.

9:15-9:20

5.

9:20-9:25

6.

Consent Agenda:
a.
Designation for Posting Notices.
b.
Reappointment of General Manager, General Counsel and Treasurer.
c.
Approval of Minutes and Actions Taken:
i.
Minutes of Fourth Regular Joint Quarterly Meeting, October 1516, 2019.
d.
Acceptance of Treasurer’s Reports, Financials, and Check Registers for
September and October 2019.
Confirmation of Assistant Secretary.

 Agenda – First Regular Joint Quarterly Meeting (River District and Enterprise)
January 21-22, 2020
Page 2

9:25-11:30

7.

General Counsel’s Report:
a.
Matters Proposed for Executive Session:
i.
Wolford Mountain Reservoir and Ritschard Dam Operations (an
Enterprise Matter.)
ii.
CRCA Implementation Matters.
iii.
Upper Colorado River Wild and Scenic Alternative Management
Plan.
iv.
Colorado River District Conditional Water Rights.
v.
Application of the United States of America for the Taylor Park
Reservoir River/Refill Exchange, Case No. 11CW31, Water
Division 4.
vi.
Colorado River Compact, Interstate, International, and Intrastate
Negotiation Matters, including Demand Management.
vii.
Fair Campaign Practices Act.

11:30-11:40

Break

11:40-11:50

8.

Public Comment.

11:50-12:15

9.

General Counsel’s Report (cont’d.):
b.
Public Session:
i.
Summary and Action Items from Executive Session.
ii.
Approval of Special Counsel Rate Increases.
iii.
General Counsel’s 2020 Goals and Objectives.
iv.
Discussion of Other Items in General Counsel’s Report.

Lunch will be provided to the Board of Directors of the Colorado River Water Conservation District
and River District staff at 12:15 p.m. at the offices of the Colorado River Water Conservation District,
201 Centennial St., Suite 200, Glenwood Springs, Colorado.
1:10-1:45

10.

Discussion with Ted Kowalski, Colorado River Initiative Lead and Senior
Program Officer with the Walton Family Foundation.

1:45-3:00

11.

General Manager’s Report:
a.
Update on CRWCD Long Term Fiscal Condition.
b.
Drought Contingency Planning and Demand Management Update.
c.
UCRC and CRWUA December Meeting Updates.
d.
Colorado River Basin Hydrology: Short Term Forecast for 2020.
e.
Phreatophyte Control Report on Current State of the Science.
f.
Phase III Risk Study Update.
g.
Water Bank Workgroup Update.
h.
Approval of Joint Funding Agreement, re: USGS Gaging.
i.
Approval of Contract with Lurline Underbrink Curran, re: CRCA
Implementation Matters.
j.
Discussion of Health Insurance Policy.
k.
General Manager’s 2020 Goals and Objectives.
l.
Service Anniversaries Recognition.

3:00-3:30

12.

Directors’ Basin Updates and/or Concerns.

 Agenda – First Regular Joint Quarterly Meeting (River District and Enterprise)
January 21-22, 2020
Page 3

3:30-4:15

13.

Annual Policy Discussion:
a.
Procedural Discussion regarding Instream Flow Policy.
b.
Aging Infrastructure.
c.
Colorado River Compacts.
d.
Colorado’s Entitlement to Colorado River Basin Water.
e.
Interstate Water Marketing.
f.
State Funding: Water Projects and Programs.
g.
Transmountain Water Diversions.

PLEASE NOTE:
An Information and Outreach Committee meeting of the Board of Directors
of the Colorado River Water Conservation District will be held following
the Tuesday afternoon session of the Board meeting.
Dinner will be provided to the Board of Directors of the
Colorado River Water Conservation District and River District staff at 6:30 p.m.
at the Glenwood Canyon Brew Pub, 402 7th Street Glenwood Springs, Colorado.
Continue the meeting to Wednesday, January 16, 2019 at 8:30 a.m.
8:30-9:30

14.

External Affairs:
a.
Information and Outreach Committee Report.
b.
State Affairs.
c.
Federal Affairs.

9:30-10:00

15.

Division Engineer’s Report: Bob Hurford, Division 4 Engineer and Jason Ullman,
Assistant Division 4 Engineer.

10:00-10:30

16.

Project Operations and Updates: (Enterprise Matters).
a.
Wolford Mountain Reservoir:
i.
Approval of Continuing Services Agreement with Raindrop
Water, re: Potable Water Deliveries.
ii.
Approval of Contract with Eco-Rx, Inc., re: Weed Control.
b.
Elkhead Reservoir.
c.
Water Marketing Policy:
i.
Proposed Approval of Water Marketing Rates for 2020.

10:30-10:35

17.

Future Meetings:
a.
Special Joint Meeting Teleconference Meetings, beginning February 6,
2020 at noon. (Biweekly, Pending Board Approval).
b.
Second Regular Joint Quarterly Meeting, April 21-22, 2020, Glenwood
Springs, CO.
c.
Third Regular Joint Quarterly Meeting, July 21-22, 2020, Glenwood
Springs, CO.
d.
CRWCD 2020 Budget Workshop, September 10, 2020, Grand Junction,
CO.
e.
CRWCD Annual Seminar, September 11, 2020, Grand Junction, CO.

 Agenda – First Regular Joint Quarterly Meeting (River District and Enterprise)
January 21-22, 2020
Page 4

f.
g.
h.

Fourth Regular Joint Quarterly Meeting, October 20-21, 2020, Glenwood
Springs, CO.
Board Fact Finding Mission to Lower Basin, re: Agricultural Fallowing
and Augmentation Programs, November 10-13, 2020.
Other Meetings:
i.
Colorado Water Congress Annual Convention, January 29-31,
2020, Westminster, CO.
ii.
CWC Summer Conference, August 25-27, 2020, Steamboat
Springs, CO.
iii.
CRWUA Conference, December 14-16, 2020, Las Vegas, NV.

The Board may address the agenda in any order to accommodate
the needs of the Board and the Audience.
-----Persons with special needs due to a disability are requested to call the River District at
970-945-8522 at least three days prior to the meeting.
This agenda may be viewed and printed from our website at
www.crwcd.org

 2. Directors? Credentials for
Mesa, Moffat Saguache

RECEPTION#: 2909028
1/6/202010:32:13AM, 1of1
Recording: ,
Tina Peters, Mesa County, CO.
CLERK AND RECORDER

GO BACK

NOTICE OF APPOINTMENT TO
COLORADO RIVER WATER CONSERVATION DISTRICT
BOARD OF DIRECTORS

This is to certify that the Board of County Commissioners of Mesa County has appointed

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D1E:trid for

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as Director of the Colorado River Water Conservation

t•':'rrn <::>nding in January 2023. beginning with the January 21, 2020 first regular

quarterly meeting of the Board of Directors of said Colorado River Water Conservation District.

_has been a resident of Mesa County for at least two
years preceding the date of his/her appointment and is a freeholder who has paid taxes on real
prope1iy in Mesa County during the preceding year.

Chairm~ty

Commissioners

 RECEPTION#: 2909029
1/6/2020 10:32:13 AM, 1 of 1
Recording: ,
Tina Peters, Mesa County, CO.
CLERK AND RECORDER

OATH OF OFFICE FOR
COLORADO RIVER WATER CONSERVATION DISTRICT

STATE OF COLORADO

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C:Z , being first duly sworn, do
solemnly swear upon my oath th
will support and defend the Constitution of the United States
of America and the Constitution the State of Colorado, and that I will impartially, without fear
or favor, discharge the duties of a Director of the Colorado River Water Conservation District.

STATE OF COLORADO

)

COUNTY OF MESA

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5/0v-e/n

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Ac c; it .q
r a , has appeared before me and subscribed
and
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sworn to the foregoing Oath of Office on this~
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Clerk and Recorder

 GO BACK

NOTICE OF APPOINTMENT TO
COLORADO RIVER WATER CONSERVATION DISTRICT
BOARD OF DIRECTORS

This is to certify that the Board of County Commi ssioners of Moffat County has
appointed

I<JYV\. G'<'-~

as Director of the Colorado River Water

Conservation Distii ct fo r a tem1 ending in Jauuary 2023, beginning with the January 2 1, 2020
first regula r quarterly meeting of the Board of Directors of said Colorado River Water
Conservation District.

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----1---------has been a resident of Moffat County for at least two
years preceding the date of his/her appointment and is a freeholder who has paid taxes on real
property in Moffat County during the preceding year.

Chairman, Board of County Commissioners

 OATH OF OFFICE FOR
COLORADO RIVER WATER CONSERVATION DISTRICT

STATE OF COLORADO

)
) SS.

COUNTY OF MOFFAT

---

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1,
( ~
, being first duly sworn, do
so lemnly swear upon my oath th t l will support and defend the Constituti on of the U nited States
of America and the Constitutio n o f the State of Co lorado, and that I w ill im parti ally, without fear
or favor, di scharge the duties of a Director of the Colorado River Water Conservation District.

STATE OF COLORADO

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COUNTY OF MOFFAT

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and
sworn to the foregoing Oath of Office o n thi s

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has appeared befo re ,me and subscribed

day of

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County C lerk and Recorder

'2020.

 GO BACK

NOTICE OF APPOINTMENT TO
COLORADO RIVER WATER CONSERVATION DISTRICT
BOARD OF DIRECTORS

Thi s is to certify that the 13oard of County Commi ssioners of Saguache County has
appointe
rm (! nding in January 2023. beginn in g with the January 21, 2020
first regul ar quarterly meeting or the Board of Directors or said Co lorado River Water
Conservati on District.

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1

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has been a reside nt of Saguache County for at least

t\\O yea rs preceda ;the date or hi s/her appointment and is a freeholder who has paid taxes on

rea l property in Saguache Cou nty during the preceding year.

hairman, Board

or Co unty Commi ssioners

 OATH OF OFFICE FOR
COLORADO RIVER WATER CONSERVATION DISTRICT

STATE OF CO LO RADO

)
) SS.

COUNTY OF SAGUACHE )

I,

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, being fi rst dul y S\VOrn, do
solemnly swear upon my oath that I w ill suppo rt and de fend the Constitution of the Un ited States
of America and the Constituti on of the State of Colorado, and that I wi ll impartially, w ithout fe ar
or favo r, discharge the duties o f a D irector o f the Co lorado R iver Water Conservation Di strict.

STAT E OF COLO RADO

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) SS.

COUNTY Of SAGU ACHE )

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Nbie-- I/ trl::£t1rd'

sworn to the fo regoing Oath of O ffi ce on this

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has appeared before me and subscribed

day of

_~..,_~}tlu....._n. .u.=(}.._.._r7__,.1'--- - - -' 2020.

County C lerk and Recorder

 3. Election of Board Officers
for 2020

GO BACK

PRESIDENT
2020
Board of Directors
Colorado River Water Conservation District
Tom Alvey

(Delta)

Kathy Chandler-Henry

(Eagle)

Dave Merritt

(Garfield)

Mike Ritschard

(Grand)

Bill Trampe

(Gunnison)

Stan Whinnery

(Hinsdale)

Steve Acquafresca

(Mesa)

Tom Gray

(Moffat)

Marc Catlin

(Montrose)

Marti Whitmore

(Ouray)

John Ely

(Pitkin)

Al Vanden Brink

(Rio Blanco)

Doug Monger

(Routt)

Rebie Hazard

(Saguache)

Summit

(Summit)

(Vote for one only)

 GO BACK

VICE PRESIDENT
2020
Board of Directors
Colorado River Water Conservation District
Tom Alvey

(Delta)

Kathy Chandler-Henry

(Eagle)

Dave Merritt

(Garfield)

Mike Ritschard

(Grand)

Bill Trampe

(Gunnison)

Stan Whinnery

(Hinsdale)

Steve Acquafresca

(Mesa)

Tom Gray

(Moffat)

Marc Catlin

(Montrose)

Marti Whitmore

(Ouray)

John Ely

(Pitkin)

Al Vanden Brink

(Rio Blanco)

Doug Monger

(Routt)

Rebie Hazard

(Saguache)

Summit

(Summit)

(Vote for one only)

 4. Appointments of
Committees

for 2020

GO BACK
COLORADO RIVER WATER CONSERVATION DISTRICT
BOARD OF DIRECTORS
OFFICERS AND EXECUTIVE COMMITTEE HISTORY
President/V.P.
History

2010

2011

2012

2013

2014

PRESIDENT

Ouray

Routt

Routt

Grand

Grand

VICE PRESIDENT

Routt

Grand

Grand

Eagle

Eagle

MONTROSE
OURAY
DELTA

Montrose

Ouray

Delta

Montrose

GARFIELD
MESA
PITKIN

Pitkin

Garfield

Mesa

GUNNISON
SAGUACHE
HINSDALE

Hinsdale

Gunnison

GRAND
EAGLE
SUMMIT

Grand

Rio
Blanco

2015

2016

2017

2018

Eagle

Delta

Delta

Delta

Delta

Garfield

Ouray

Delta

Montrose

Ouray

Pitkin

Garfield

Mesa

Pitkin

Garfield

Saguache

Hinsdale

Gunnison

Saguache

Hinsdale

Gunnison

Summit

Eagle

Summit

Eagle

Grand

Summit

Moffat

Rio
Blanco

Routt

Moffat

Rio
Blanco

Routt

Eagle

Garfield

2019

2020

Garfield

Ouray

ROTATION HISTORY

ROUTT
RIO BLANCO
MOFFAT

Montrose

Ouray

Delta

Mesa

Pitkin

Saguache

Hinsdale

Gunnison

Eagle

Grand

Summit

Eagle

Moffat

Rio
Blanco

Routt

Moffat

Mesa

 GO BACK

COLORADO RIVER WATER CONSERVATION DISTRICT
COMMITTEES
2020
EXECUTIVE COMMITTEE
David H. Merritt, Chair*
Tom Alvey
Steve Acquafresca
Bill Trampe
Kathy Chandler-Henry
Tom Gray

LITIGATION COMMITTEE
John Ely, Chair
Stan Whinnery
Marti Whitmore
Kathy Chandler-Henry
Bill Trampe
Dave Merritt, ex-officio

INFORMATION & OUTREACH COMMITTEE
Karn Stiegelmeier, Chair
Al Vanden Brink
Marti Whitmore
Steve Acquafresca
Rebie Hazard
Dave Merritt, ex-officio

INVESTMENT COMMITTEE
Doug Monger, Chair
Tom Alvey
Al Vanden Brink
Rebie Hazard
Mike Ritschard
Dave Merritt, ex-officio

COLORADO RIVER WATER PROJECTS ENTERPRISE
2020
WATER SUPPLY PROJECTS COMMITTEE
Tom Alvey, Chair
Bill Trampe
Karn Stiegelmeier
Tom Gray
Marc Catlin
Doug Monger
Mike Ritschard
Dave Merritt, ex-officio
*In the absence of the President, the Vice President will chair the Executive Committee,

970.945.8522

201 Centennial Street   PO Box 1120
Glenwood Springs, CO 81602

ColoradoRiverDistrict.org

 5. Consent Agenda

GO BACK
Proposed Consent Agenda: Approval of Designation for Posting Notices and Agendas
The location for posting meeting notices and agendas shall be outside the Colorado River
District’s office door, 201 Centennial St., Suite 200, Glenwood Springs, CO, and notices will
continue to be provided by mail delivery or electronic mail to the Colorado River District’s 15
County Commissioner Boards, County Clerks and, as required by the bylaws, to any person who
requests such notices/agendas, and to continue posting notices and agendas on the River
District’s website.

 GO BACK

5.c. Approval of Minutes

GO BACK
MINUTES 1
FOURTH REGULAR JOINT QUARTERLY MEETING OF THE
BOARD OF DIRECTORS OF THE
COLORADO RIVER WATER CONSERVATION DISTRICT
AND OF THE COLORADO RIVER WATER CONSERVATION DISTRICT
ACTING BY AND THROUGH ITS COLORADO RIVER WATER PROJECTS ENTERPRISE
October 15-16, 2019

_____________________________________________________________________________
Pursuant to notice duly and properly given, the Fourth Regular Joint Quarterly Meeting of the Board of Directors of the Colorado
River Water Conservation District (CRWCD) and of the Colorado River Water Conservation District acting by and through its
Colorado River Water Projects Enterprise was held on Tuesday and Wednesday October 15-16, 2019 at the offices of the Colorado
River Water Conservation District, 201 Centennial Street, Glenwood Springs, Colorado.

Directors present during all or part of the meeting:
David H. Merritt, President
Martha Whitmore, Vice President
Mike Ritschard
Steve Acquafresca
William S. Trampe
Tom Gray
Tom Alvey
Karn Stiegelmeier
Doug Monger
Alden Vanden Brink
Kathy Chandler-Henry
Rebie Hazard
Marc Catlin
Stan Whinnery
Directors not present during the meeting:
John Ely
Others present during all or part of the meeting:
Andrew Mueller, General Manager, CRWCD
Peter Fleming, General Counsel, CRWCD
John Currier, Chief Engineer, CRWCD
Audrey Turner, Administrative Chief, CRWCD
Jason Turner, Senior Counsel, CRWCD
Ray Tenney, Deputy Chief Engineer, CRWCD
Ian Philips, Chief Accountant, CRWCD
Zane Kessler, Director, Governmental Affairs, CRWCD
Laurie DePaolo, Executive Assistant, CRWCD
Dave Kanzer, Deputy Chief Engineer, CRWCD
Don Meyer, Sr. Water Resources Engineer, CRWCD
Mike Eytel, Sr. Water Resources Specialist, CRWCD
Hunter Causey, Sr. Water Resources Engineer, CRWCD
Sonja Chavez, Water Resources Specialist, CRWCD
Alesha Frederick, Information and Outreach Director, CRWCD
Rebecca Mitchell, Colorado Water Conservation Board
Amy Ostdiek, Colorado Water Conservation Board
Lain Leoniak, Colorado Attorney General’s Office
Jackie Brown, Tri-State Generation & Transmission
Steve Anderson, Uncompahgre Valley Water Users Association
Laura Spann, Southwestern Water Conservation District
Angie Fowler, SGM
Maria Pastore, Colorado Springs Utilities
1

An audio recording has been made of the meeting. The motions described herein may not necessarily represent a verbatim
transcription. The audio recordings are available for listening at the CRWCD offices during regular office hours. These minutes
are the official record of the Colorado River Water Conservation District’s meeting.

 Minutes - Fourth Regular Joint Quarterly Meeting (River District/Enterprise)
October 15-16, 2019
P a g e  2
______________________________________________________________________________________________________

Eric Kuhn, Author and Pursuer of Leisure
Kevin Rein, Colorado State Engineer
Alan Martellaro, Division Engineer, Water Division 5.
James Heath, Assistant Division Engineer, Water Division 5.
Megan Winokur, Holland & Hart
Heather Sackett, Aspen Journalism
Quorum.
Vice President Whitmore found a quorum and called the meeting to order at 9:01 a.m.
Review Meeting Agenda and Objectives.
Peter Fleming requested the addition of River District Insurance Requirements for Contractors as agenda
item 5.c. Director Monger moved, seconded by Director Whinnery, to approve the agenda as amended.
Motion carried unanimously.
Consent Agenda.
Director Acquafresca moved, seconded by Director Alvey, to approve the following consent agenda as
presented. Motion carried unanimously.
a.
Approval of Minutes and Actions Taken:
i.
Minutes of Third Regular Joint Quarterly Meeting, July 16-17, 2019.
ii.
Minutes of Special Joint Meeting, Teleconference, August 21, 2019.
iii.
Minutes of Special Joint Meeting and 2020 Budget Workshop, September 19 2019.
iv.
Minutes of Litigation Committee Meeting, Teleconference, September 30, 2019.
b.
Acceptance of Treasurer’s Reports and Check Registers for General, Capital Projects and
Enterprise Funds for May, June, July and August 2019.
General Counsel’s Report – Executive Session.
Peter Fleming reported that the following matters qualify for discussion in Executive Session pursuant to
C.R.S. §§ 24-6-402(4)(b)(legal advice) and (e)(negotiations).
i.
Colorado River Cooperative Agreement (CRCA) Implementation Matters.
ii.
Application of Colorado Springs Utilities, Case No. 15CW3019, Water Division 5. (An
Enterprise and General Matter).
iii.
Colorado River District Conditional Water Rights.
iv.
Instream Flows and Pre-Existing Uses, C.R.S. Section 37-92- 102(3)(b).
v.
Wolford Mountain Reservoir – Denver Water Lease Agreement. (An Enterprise Matter).
vi.
Colorado River Compact, Interstate, and International Negotiation Matters.
Director Whitmore moved, seconded by Director Hazard, to proceed into Executive Session pursuant to
C.R.S. §§ 24-6-402(4)(b)(legal advice) and (e)(negotiations). Motion carried unanimously.
Peter Fleming stated that no further record of the Executive Session need be kept based on his opinion that
the discussion will constitute privileged attorney-client communications.
President Merritt reconvened into Public Session at 12:12 p.m.

Open Public Comment.
No comments were received.
Discussion with Becky Mitchell, CWCB Director and Colorado’s Commissioner to the Upper
Colorado River Commission, Amy Ostdiek, CWCB Interstate and Federal Manager and Lain
Leoniak, Colorado Attorney General’s Office.
Amy Ostdiek reported that the CWCB’s demand management workgroups have either met or will be
meeting soon for discussion of various issues and potential impacts of a demand management program. The

 Minutes - Fourth Regular Joint Quarterly Meeting (River District/Enterprise)
October 15-16, 2019
P a g e  3
______________________________________________________________________________________________________

River District has several staff members participating in the workgroups. Becky Mitchell also reported on
her recent appointment of the River District’s Chief Engineer, John Currier, to the Engineering Advisory
Committee of the Upper Colorado River Commission (UCRC). Ms. Mitchell is Colorado’s representative
to the UCRC.
General Counsel’s Report – Public Session.
Peter Fleming reported that during Executive Session, the Board provided guidance to staff and General
Counsel on the following matters:
i.
Colorado River Cooperative Agreement (CRCA) Implementation Matters.
ii.
Application of Colorado Springs Utilities, Case No. 15CW3019, Water Division 5. (An
Enterprise and General Matter).
iii.
Colorado River District Conditional Water Rights.
iv.
Instream Flows and Pre-Existing Uses, C.R.S. Section 37-92- 102(3)(b).
v.
Wolford Mountain Reservoir – Denver Water Lease Agreement. (An Enterprise Matter).
vi.
Colorado River Compact, Interstate, and International Negotiation Matters.
Director Stiegelmeier moved, seconded by Director Trampe, to approve a contract amendment with Bishop
Brogden Associates for CRCA implementation analysis in an amount not to exceed $20,000. Motion carried
unanimously.
Director Ritschard moved, seconded by Director Chandler-Henry, to confirm the Board’s intent to develop
the Fraser Feeder Canal (150 c.f.s.), Fraser Pumping Plant and Pipeline (35 c.f.s.), and Ranch Creek
Reservoir (20,000 a.f.) conditional water rights, and direct staff and counsel to file a joint application with
Grand County and the Middle Park Water Conservancy District seeking a finding of reasonable diligence
for those rights. Director Whitmore requested that the record reflect that the District absolutely intends to
move forward with these rights in conjunction with its partners and recognizes the value of the rights for
future uses for the District’s partners and constituents. Motion carried unanimously.
Director Whinnery moved, seconded by Director Vanden Brink, to increase the amount of insurance
required for River District contractors to carry from $1 million to $2 million. Motion carried unanimously.
Directors’ Concerns.
Director Chandler-Henry reported that four boats infested with aquatic nuisance species (ANS) were
detected recently at Ruedi Reservoir through its boat inspection program. ANS can be very destructive to
reservoir outlet works and other facilities.
General Manager’s Report.
Water Bank Workgroup Update:
Sonja Chavez reported that Water Bank Workgroup consultant BBC Research and Consulting is focusing
on an April 2020 date for release of a draft report on the results of the study of economic impacts associated
with a potential Upper Basin demand management program.
Proposed Approval of Yampa River Fund Collaboration and Administration Agreement. (A General
and Enterprise Fund Matter):
Hunter Causey described the Yampa River Fund which was established by The Nature Conservancy and
stakeholders in the Yampa River Basin to provide financial resources to protect the basin through regular
grants for proposed projects in the basin. The River District received a request to become a member of the
Fund’s board of directors and execute the administration agreement as a board member.
Director Monger moved, seconded by Director Gray, to authorize the General Manager to execute the
Yampa River Fund Collaboration and Administration Agreement. Motion carried unanimously.

 Minutes - Fourth Regular Joint Quarterly Meeting (River District/Enterprise)
October 15-16, 2019
P a g e  4
______________________________________________________________________________________________________

Retention of Auditor for 2019 Audit:
Director Alvey moved, seconded by Director Trampe, to accept a proposal from McMahan & Associates,
LLC for the provision of audit and consulting services for the fiscal year ending December 31, 2019 in an
estimated amount not to exceed $20,380. Motion carried unanimously.
Roundtable Summit Update:
Andy Mueller referred the Board to a memo from Jim Pokrandt summarizing the Roundtables Summit
hosted by the Colorado Water Conservation Board. The summit initiated a revision process for the
Roundtables’ Basin Implementation Plans (BIPs) as contemplated by the Colorado Water Plan in 2015 for
periodic updates of the BIPs and the plan itself
Colorado River Hydrology Update:
Don Meyer and Dave Kanzer reported that inflow into Lake Powell for water year 2020 is projected to be
121% of average despite the recent drying trend throughout the Colorado River Basin.
Update on Grand Lake Clarity Effort:
Mike Eytel reported that reoperation of the C-BT Project consistent with process set out in the Grand Lake
Clarity MOU, has provided measurable improvements in the water clarity of Grand Lake this past summer.
Proposed Approval of Risk Study Phase III Contract Amendment:
Director Monger moved, seconded by Director Whinnery, to approve a contract amendment with Hydros
Consulting, Inc., to extend the contract expiration date to December 31, 2020, increase the contract amount
in an amount not to exceed $50,000 (with funds being contributed by various water entities within the River
District and Southwestern Water Conservation District), and approve an additional $5,000 from the River
District for Phase III of the Risk Study. Motion carried unanimously.
Update on Health Insurance Costs:
Audrey Turner reported that because health insurance premiums will be increasing by approximately 20%
in 2020, the five-year running average increase will be 6.24%. This exceeds the Board’s policy of 5%
increases over a five-year running average for the District’s health insurance budget. Consistent with the
River District’s policy, the General Manager, will determine how these increased costs will be allocated
among staff. The Board will be revisiting its policy at the January 2020 quarterly meeting.
Service Anniversary Recognition:
John Currier expressed the River District’s appreciation to Hunter Causey for his 5 years of service to the
River District.
Discussion of Proposed Emergency Grants Program Policy.
Andy Mueller reminded the Board of its extensive discussion during the September 19 budget workshop
regarding the resumption of the District’s grant program and the creation of an emergency grant policy.
The consensus at the budget workshop was to not resume the grant program in 2020, but to direct staff to
present a draft emergency grant program policy at the October 2019 quarterly meeting for review and
discussion.
After discussion, Director Stiegelmeier moved, seconded by Director Chandler-Henry, to adopt the
Emergency Grant Program Operating Guidelines and Criteria, subject to annual appropriations of funds for
the program, operate the program as a rolling program, authorize the General Manager to accept and
evaluate emergency grant applications pursuant to these guidelines and make recommendations to the
Board regarding funding of projects which General Manager deems advisable, and authorize the Executive
Committee to act upon recommended applications in the absence of a regular Board meeting. Motion
carried with Directors Trampe and Catlin opposing the motion. (The policy is attached as Appendix A.).
President Merritt recessed the meeting at 4:20 p.m.

 Minutes - Fourth Regular Joint Quarterly Meeting (River District/Enterprise)
October 15-16, 2019
P a g e  5
______________________________________________________________________________________________________

Wednesday October 16, 2019
President Merritt found a quorum and reconvened the meeting at 8:32 a.m.

Annual Policy Discussion.
Instream Flows:
Andy Mueller referred the Board to a draft of the River District’s Instream Flows Policy containing changes
made by the Board during its July 2019 quarterly meeting. Extensive discussion led to staff being directed
to present another draft policy with further changes at the January 2020 quarterly meeting.
Budget Hearings.
Andy Mueller reported that the budget notice was published in local papers and that copies of the budget
were sent to each county to be posted and the budget was available to the public at the district office and
on the district’s website. Comments were requested from the public on the River District website. Public
comment was also requested at the budget hearing. No public comment was received. Mr. Mueller then
highlighted the budgetary adjustments made after the District’s budget workshop on September 19, 2019.
President Merritt opened the 2020 budget hearings.
Resolution for 2019 General Fund Budget Amendments:
Director Alvey moved, seconded by Director Trampe, to adopt a resolution summarizing expenditures and
revenues for the General Fund and adopting an amended budget for the Colorado River Water Conservation
District, Colorado for the calendar year beginning on the first day of January 2019 and ending on the last
day of December 2019. Motion carried unanimously.
Resolution to Adopt 2020 General Fund Budget:
Director Alvey moved, seconded by Director Ritschard, to adopt a resolution summarizing expenditures
and revenues for the General Fund and adopting a budget for the Colorado River Water Conservation
District, Colorado for the calendar year beginning on the first day of January 2020 and ending on the last
day of December 2020. Motion carried unanimously.
Resolution for 2019 Capital Projects Fund Budget Amendments:
Director Alvey moved, seconded by Director Trampe, to adopt a resolution summarizing expenditures and
revenues for the Capital Projects Fund and adopting an amended budget for the Colorado River Water
Conservation District, Colorado for the calendar year beginning on the first day of January 2019 and ending
on the last day of December 2019. Motion carried unanimously.
Resolution to Adopt 2020 Capital Projects Fund Budget:
Director Acquafresca moved, seconded by Director Stiegelmeier, to adopt a resolution summarizing
expenditures and revenues for the Capital Projects Fund and adopting a budget for the Colorado River
Water Conservation District, Colorado for the calendar year beginning on the first day of January 2020 and
ending on the last day of December 2020. Motion carried unanimously.
Resolution for 2019 Enterprise Fund Budget Amendments:
Director Stiegelmeier, moved, seconded by Director Trampe, to adopt a resolution summarizing
expenditures and revenues for the Colorado River Water Projects Enterprise and adopting an amended
budget for the Colorado River Water Conservation District acting by and through its Colorado River Water
Projects Enterprise for the calendar year beginning on the first day of January 2019 and ending on the last
day of December 2019. Motion carried unanimously.
Resolution to Adopt 2020 Enterprise Fund Budget:
Director Chandler-Henry moved, seconded by Director Hazard, to adopt a resolution summarizing
expenditures and revenues for the Colorado River Water Projects Enterprise and adopting a budget for the
Colorado River Water Conservation District acting by and through its Colorado River Water Projects

 Minutes - Fourth Regular Joint Quarterly Meeting (River District/Enterprise)
October 15-16, 2019
P a g e  6
______________________________________________________________________________________________________

Enterprise for the calendar year beginning on the first day of January 2020 and ending on the last day of
December 2020. Motion carried unanimously.
Resolutions to Appropriate Sums of Money. (General and Capital Projects Funds):
Director Stiegelmeier moved, seconded by Director Chandler-Henry, to adopt resolutions appropriating
sums of money to the various funds in the following amounts and for the following purposes, for the
Colorado River Water Conservation District for the 2020 budget year: General Fund, $6,937,434, and
Capital Projects Fund, $3,944,181. Motion carried unanimously.
Resolution to Appropriate Sums of Money. (Enterprise Fund).
Director Trampe moved, seconded by Director Alvey, to adopt a resolution appropriating a sum of money
to the Enterprise Fund for Colorado River Water Conservation District’s Colorado River Water Projects
Enterprise for the 2020 budget year in the amount of $8,572,878. Motion carried unanimously.
Resolution to Transfer Unspent 2019 Balances:
Director Monger moved, seconded by Director Whinnery, to adopt a resolution to authorize and direct the
transfer of monies to the Capital Projects Fund from the General Fund in the amount of revenues less
expenditures in 2019 and an amount sufficient to cover expenses prior to the receipt of 2020 tax revenues.
This resolution further authorizes and directs that the funds be transferred no later than December 31, 2019.
Motion carried unanimously. (The resolutions are attached as Appendices B-J.).
President Merritt closed the budget hearings.
Discussion with State Engineer Kevin Rein.
Kevin Rein reported that the Division of Water Resources (DWR) well inspection program was recently
audited by the Colorado State Auditor’s Office. Legislation is being contemplated to increase the number
of well inspectors and funding options are being examined.
The Board relayed concerns regarding the ongoing issue of administration of instream flows against
unadjudicated pre-existing uses such as stock watering in Division 6. Mr. Rein relayed that based on a
review of the legislative history that it was his belief that it was the legislatures intent that court confirmation
of the pre-existing use was required. Andy Mueller pointed out that the plain language of the statute does
not reflect that intent.
Mr. Mueller informed Mr. Rein that the River District has received input from constituents from Divisions
4, 5 and 6 regarding the current uncertainty of unadjudicated pre-existing uses, and that this uncertainty had
the potential to erode support among water users for the CWCB’s instream flow program. The River District
is exploring possible legislation to rectify the current situation.
External Affairs.
Information and Outreach Update:
Alesha Frederick reported that the Special Districts Association of Colorado named the River District as its
2019 “District of the Year.” The association has approximately 2,000 special district members. It was also
reported that the River District’s annual water seminar set a new attendance record this year with over 300
attendees.
State Affairs:
Zane Kessler reported that the Interim Water Resources Review Committee has been focused on the
CWCB’s Instream Flow Program (ISF) and potential legislation that would expand the CWCB ISF loan
program. HB19-1218 addressing loan program expansion was not successful in the 2019 legislative session.
Revised legislation may be introduced in the 2020 legislative session.

 Minutes - Fourth Regular Joint Quarterly Meeting (River District/Enterprise)
October 15-16, 2019
P a g e  7
______________________________________________________________________________________________________

The Committee also held a briefing on Colorado River issues including demand management and the
drought contingency plans. River District staff participated in that briefing.
Federal Affairs:
Zane Kessler reported that the Waters of the United States (“WOTUS”) rule has been repealed by the Trump
administration with a new rule slated to be issued in February 2020. In the interim WOTUS determinations
will be made consistent with the 2008 guidance and regulations in effect in 2008. Also, Senator Bennet led
a bipartisan coalition calling on the Department of Agriculture to implement new water supply and
conservation authorizations that were included in the 2018 Farm Bill which was signed into law in
December 2018.
Wolford Mountain Reservoir:
Director Catlin moved, seconded by Director Vanden Brink, to authorize the General Manager to enter into
an agreement approved by General Counsel, for design fabrication, and installation of highway signs with
Roadsafe Traffic Systems, Inc., in an amount not to exceed $26,152. Motion carried unanimously.
Water Supply Contract with Town of Minturn.
Director Acquafresca moved, seconded by Director Trampe, to approve an Eagle River Supply Water
Marketing Contract in the amount of 50 acre-feet for the Town of Minturn for a total contracted amount of
70 acre-feet of Eagle River supplies. Motion carried unanimously.
Future Meetings.
a.
First Regular Joint Quarterly Meeting, January 21-22, 2020, Glenwood Springs, CO.
b.
Special Joint Meeting Teleconference Meetings, beginning February 6, 2020. (Bi-weekly).
c.
Second Regular Joint Quarterly Meeting, April 21-22, 2020, Glenwood Springs, CO.
d.
Third Regular Joint Quarterly Meeting, July 21-22, 2020, Glenwood Springs, CO.
e.
2021 CRWCD Budget Workshop/Special Joint Meeting, September 10, 2020, Location TBD.
f.
CRWCD Annual Seminar, September 11, 2020, Two Rivers Convention Center, Grand
Junction, CO.
g.
Fourth Regular Joint Meeting, October 20-21, 2020, Glenwood Springs, CO.
h.
Other Meetings:
i.
CRWUA Convention, December 11-13, 2019, Las Vegas, NV.
ii.
CWC Winter Convention, January 29-31, 2020 Westminster, CO.
iii.
CRWCD Board Lower Basin Tour, TBD March, 2020.
iv.
CWC Summer Convention, Dates and Location TBD.
Personnel Review Matters.
Peter Fleming recommended that the following matters qualify for discussion in Executive Session pursuant
to C.R.S. §§ 24-6-402(4)(f)(personnel):
a.
General Manager’s Review.
b.
General Counsel’s Review.
Director Whinnery moved, seconded by Director Trampe, to move into Executive Session pursuant to
C.R.S. §§ 24-6-402(4)(f)(personnel). Motion carried unanimously.
Mr. Fleming stated that the discussion of personnel matters would be recorded and retained for 90 days.
President Merritt reconvened into Public Session at 1:10 p.m.

Personnel Review Matters – Public Session.
Peter Fleming reported that during Executive Session the Board discussed the following:
a.
General Manager’s Review.
b.
General Counsel’s Review.

 Minutes - Fourth Regular Joint Quarterly Meeting (River District/Enterprise)
October 15-16, 2019
P a g e  8
______________________________________________________________________________________________________

Director Whitmore moved, seconded by Director Trampe, to increase the General Manager and General
Counsel’s salaries by 3.3 % commencing in January 2020. Motion carried unanimously.
Adjourn.
There being no more business before the Board, President Merritt adjourned the meeting at 1:15 p.m.

David H. Merritt, President
ATTEST:

Andrew A. Mueller, Secretary/General Manager
Executive Session Attestations.
I hereby attest that the portions of the Executive Session that were not recorded constituted privileged attorney-client
communications.

Peter Fleming, General Counsel

 GO BACK

5.d. Treasurer?s Reports
for General, Capital Project
Enterprise
Sept-Oct, 2019

GO BACK
COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
GENERAL FUND
September 30, 2019
08/31/19

CASH AND EQUIVALENTS AS OF:

CASH ON HAND

$89.12
$2,776.07
$1,891,413.37
$436, 129.22
$523,046.94

BOC-GLENWOOD-PETTY CASH-9497
BOC-GLENWOOD - CHECKING
COLOTRUST PRIME
COLOTRUST PLUS
INVESTMENTS
TOTAL

$2,853,454. 72

DEPOSITS:

CASH ON HAND
BOC-GLENWOOD-PETTY CASH-9497
BOC-GLENWOOD - CHECKING

338.65
0.46
1,461,651.83
723.93
940.12

COLOTRUST PRIME
COLOTRUST PLUS
TOTAL

1,463,654.99

DISBURSEMENTS:

CASH ON HAND
BOC-GLENWOOD-PETTY CASH-9497
BOC-GLENWOOD - CHECKING

0.00
200.00
409,492.19
0.00
0.00

COLOTRUST PRIME
COLOTRUST PLUS
TOTAL

409,692.19

INVESTMENTS:

NET INCREASE/[DECREASE]

0.00

TOTAL

0.00

CASH AND EQUIVALENTS AS OF:

09/30/19

$3,907,417.52

SUMMARY:

CASH ON HAND
BOC-GLENWOOD-PETTY CASH-9497
BOC-GLENWOOD - CHECKING

$427.77
$2,576.53
$2,943,573.01
$436,853.15
$523,987.06
$0.00

COLOTRUST PRIME
COLOTRUST PLUS
INVESTMENTS
SUMMARY TOTAL AS OF:

Signature

ROGER D. MAGGARD, TREASURER
COLORADO RIVER WATER
CONSERVATION DISTRICT

09/30/19

Date

$3,907,417.52

 COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
ANALYSIS OF INVESTMENTS
GENERAL FUND
September 30, 2019

BALANCE

ADDITIONS

DELETIONS

BALANCE

08/31/19

(PURCHASED)

(MATURED)

09/30/19

CERTIFICATES OF DEPOSIT
$0.00

$0.00

$0.00

$0.00

0.00

0.00

0.00

$0.00

$0.00

$0.00

$0.00

$0.00

TREASURIES & DISCOUNT AGENCIES

TOTAL INVESTMENTS
SUMMARY:
Additions

$0.00

Deletions

0.00

NET INCREASE/(DECREASE)
$0.00

 COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
GENERAL FUND
October 31, 2019
09/30/19

CASH AND EQUIVALENTS AS OF:

$427.77
$2,576.53
$2,943,573.01
$436,853.15
$523,987.06
$0.00

CASH ON HAND
BOC-GLENWOOD-PETTY CASH-9497
BOC-GLENWOOD - CHECKING
COLOTRUST PRIME
COLOTRUST PLUS
INVESTMENTS
TOTAL

$3,907,417.52

DEPOSITS:

CASH ON HAND
BOC-GLENWOOD-PETTY CASH-9497
BOC-GLENWOOD - CHECKING
COLOTRUST PRIME
COLOTRUST PLUS
TOTAL

9.89
0.44
224,992.43
669.41
920.39
226,592.56

DISBURSEMENTS:

0.00
0.00
466,583.38
0.00
0.00

CASH ON HAND
BOC-GLENWOOD-PETTY CASH-9497
BOC-GLENWOOD - CHECKING
COLOTRUST PRIME
COLOTRUST PLUS

466,583.38

TOTAL
INVESTMENTS:

NET INCREASE/[DECREASEJ
TOTAL

0.00
0.00

CASH AND EQUIVALENTS AS OF:

10/31/19

$3,667,426.70

SUMMARY:

CASH ON HAND
BOC-GLENWOOD-PETTY CASH-9497
BOC-GLENWOOD - CHECKING

$437.66
$2,576.97
$2,701,982.06
$437,522.56
$524,907.45

COLOTRUST PRIME
COLOTRUST PLUS
INVESTMENTS

$0.00

SUMMARY TOTAL AS OF:

Signature

ROGER D. MAGGARD, TREASURER
COLORADO RIVER WATER
CONSERVATION DISTRICT

10/31/19

Date

$3,667 ,426. 70

 COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
ANALYSIS OF INVESTMENTS
GENERAL FUND

October 31, 2019

BALANCE

ADDITIONS

DELETIONS

BALANCE

09/30/19

(PURCHASED)

(MATURED)

10/31/19

CERTIFICATES OF DEPOSIT

$0.00

$0.00

$0.00

$0.00

0.00

0.00

0.00

$0.00

$0.00

$0.00

$0.00

$0.00

TREASURIES & DISCOUNT AGENCIES

TOTAL INVESTMENTS
SUMMARY:
Additions

$0.00

Deletions

0.00

NET INCREASE/(DECREASE)

$0.00

 Run: 1/10/2020 at 4:12 PM

Balance Sheet
Colorado River Water Conservation District

Page:

For 9/30/2019

This Year

Last Year

Change

427.77
2,943,573.01
2,576.53
0.00
43,975.42
0.00
436,853.15
523,987.06
0.00
0.00
0.00
0.00
34,950.90
0.00
213,514.91
(9,756.70)
0.00
4,298,006.00
(129,277.00)
0.00
0.00
0.00
0.00
0.00
1,039.59
0.00
0.00
0.00

577.66
1,556,935.53
620.68
0.00
43,069.88
0.00
427,316.72
511,331.49
0.00
0.00
0.00
0.00
194.90
0.00
322,142.19
(11,810.77)
0.00
4,226,504.00
(156,023.00)
0.00
0.00
0.00
8,543.84
0.00
391,818.39
0.00
0.00
13,991.64

(149.89)
1,386,637.48
1,955.85
0.00
905.54
0.00
9,536.43
12,655.57
0.00
0.00
0.00
0.00
34,756.00
0.00
(108,627.28)
2,054.07
0.00
71,502.00
26,746.00
0.00
0.00
0.00
(8,543.84)
0.00
(390,778.80)
0.00
0.00
(13,991.64)

8,359,870.64

7,335,213.15

1,024,657.49

109,897.11
0.00
0.00
(0.01)
0.00
0.00
0.00
0.00
0.00
0.00
0.08
(2,148.37)
(500.60)
0.00
0.00
511.45
49.98
0.00
0.00
(1,500.00)
4,298,006.00
0.00

35,429.59
0.00
0.00
0.00
(0.01)
0.00
2,073.73
0.00
(0.01)
(27.66)
(150.00)
0.08
(499.91)
0.00
0.00
(2,567.82)
5,624.88
0.00
(0.33)
(1,500.00)
4,226,504.00
0.00

74,467.52
0.00
0.00
(0.01)
0.01
0.00
(2,073.73)
0.00
0.01
27.66
150.08
(2,148.45)
(0.69)
0.00
0.00
3,079.27
(5,574.90)
0.00
0.33
0.00
71,502.00
0.00

4,404,315.64

4,264,886.54

139,429.10

01-00-3000.000 Tabor Emergency Reserve
01-00-3010.000 Unappropriated Fund Balance
Change in Net Assets

133,418.00
2,183,902.12
1,638,234.88

131,680.00
1,753,111.43
1,185,535.18

1,738.00
430,790.69
452,699.70

Total Liabilities and Net Assets

8,359,870.64

7,335,213.15

1,024,657.49

01 General Fund
Assets
01-00-1000.000 Cash Box - General
01-00-1001.000 Cash In Bank - BoC - Checking
01-00-1002.000 Cash In Bank - Petty Cash
01-00-1008.000 EFT Clearing Account
01-00-1009.000 Undeposted Funds
01-00-1010.000 Wells Fargo /Colotrust -0100
01-00-1015.000 General ColoTrust Prime
01-00-1016.000 General ColoTrust Plus
01-00-1020.000 Investments-All
01-00-1021.000 Allow. For Investments+01-00-1022.000 Accum Amortization Investments
01-00-1023.000 Accrued Interest
01-00-1200.000 Accounts Receivable
01-00-1201.000 Accounts Receivable - Spec.
01-00-1205.000 Housing Notes Receivable
01-00-1206.000 Deferred Revenue
01-00-1207.000 457 Loans Receivable
01-00-1210.000 Property Tax Receivables
01-00-1225.000 Allowance Housing Forgiveness
01-00-1300.000 Prepaid Expenses
01-00-1505.000 Office Equipment
01-00-1599.000 Assets in Fixed Assets Fund
01-02-1990.000 Internal Balances
01-03-1990.000 Internal Balances
01-04-1990.000 Internal Balances
01-05-1990.000 Internal Balances
01-06-1990.000 Internal Balances
01-07-1990.000 Internal Balances
Total Assets
Liabilities and Net Assets
01-00-2000.000 Accounts Payable
01-00-2001.000 Encumbrance Payable
01-00-2010.000 Wages Payable
01-00-2011.000 FICA/Mdcr Payable
01-00-2012.000 Fwt Payable
01-00-2013.000 Cwt Payable
01-00-2014.000 Sui Payable
01-00-2015.000 Disability Insurance
01-00-2016.000 Deferred Compenstion Payable
01-00-2017.000 HSA
01-00-2018.000 Health Insurance Premium Payable
01-00-2019.000 RHS -Payable
01-00-2020.000 Voluntary Life Payable
01-00-2021.000 Accrued Vacation Payable
01-00-2022.000 Accrued Vacation/Comp
01-00-2023.000 Cafeteria Plan - MSA Payable
01-00-2024.000 Cafeteria Plan - DCAP Payable
01-00-2025.000 457 Loan Payable
01-00-2026.000 Roth Payable
01-00-2040.000 24hourFlex Min Maint Bal
01-00-2200.000 Deferred Property Tax Revenue
01-00-2999.000 Excess Funds Transfer to CPO
Total Liabilities

FOR INTERNAL USE ONLY

1

 Run: 1/10/2020 at 4:11 PM

Income Statement
Colorado River Water Conservation District
For 9/30/2019

General Fund
Revenues
4000. County Taxes
4001. SO And Other Tax
4002. Delinquent Taxes (general)
4010. Property Tax Interest
4020. Tax Increment Financing
4025. Tax Abatements/Credits
4030. County Treasurers Fees
4110. Investment Interest
4120. Miscellaneous Income
4130. Management Fee
4401. Cost of Goods Sold
Total Revenues
Expenses
5000. Contingency Salaries
5001. Salaries
5010. Accrued Vacation
5011. Fica/Medicare
5014. Unemployment
5016. Workers Compensation Insurance
5115. Disability Insurance
5118. Health Insurance
5120. Cafeteria Plan-Employer
5121. Cafeteria Plan-Administration
5122. Retirement - 457 Matching
5123. Retirement - Employer
5124. Retirement - Administration
5125. RHS- Employer Contribution
5211. Employee Housing
5212. Education Assistance
5220. Overhead-C
5310. Travel
5311. Staff Registration
5312. Meeting Expense
6000. Directors Fees
6001. Education/Professional Development
6012. Legal Notice
6013. Special Counsel
6014. Legal Engineering
6015. Legal/Litigation / Adr
6016. Miscellaneous Legal/Materials
6017. Legal Contingency
6018. Legal Assistance To Others
6020. Washington Counsel/Lobbyist
6021. Colorado Lobbyist
6022. Education Assistance To Others
6023. External Affairs -C
6024. Education Programs
6025. Water Policy Survey
6026. Education Supplies
6100. Projects & Grants
6102. Consultant
6103. Accounting Consultant
6104. Audit
6105. Investment/Banking Services
6110. Admin Services/Expenses-C
6150. Assessments
6200. Postage
6201. Office Supplies
6202. Telephone
6203. Printing
6204. Insurance
6205. Records
6210. Lease Equipment
6211. Equipment Repairs
6301. Subscriptions
6302. Dues / Memberships

M-T-D
Actual $

Y-T-D
Actual $

Unaudited

Annual
Budget $

YTD %
Budget

16,018.54 4,238,621.12 4,236,899.35
29,277.60
267,402.07
335,200.05
377.88
7,780.26
6,528.05
846.74
6,693.60
8,488.94
(25.09)
(17,963.56)
(19,500.00)
(1,944.69)
(14,198.70)
(17,810.00)
(575.56) (151,023.70) (166,430.00)
2,227.06
21,975.20
28,000.00
6,752.50
8,975.71
7,500.00
0.00
0.00
0.00
0.00
0.00
0.00
52,954.98 4,368,262.00 4,418,876.39

100.04
79.77
119.18
78.85
92.12
79.72
90.74
78.48
119.68
0.00
0.00
98.85

0.00
0.00
0.00
143,303.24 1,360,076.68 2,008,856.50
0.00
0.00
0.00
9,184.10
97,543.59
140,339.01
409.38
3,897.27
6,064.99
0.00
4,636.86
4,800.18
881.15
8,293.69
12,061.23
29,466.72
280,910.86
382,540.89
0.00
0.00
0.00
52.50
468.75
0.00
180.00
12,406.91
15,600.00
13,907.14
134,952.71
194,633.00
937.50
2,812.50
3,750.00
(0.04)
24,572.31
39,150.00
0.00
1,125.00
1,125.00
56.25
1,368.75
1,500.00
0.00
0.00
3,750.00
8,665.24
79,401.23
125,000.00
222.27
21,050.18
27,250.00
295.13
8,021.38
13,862.00
2,212.50
8,006.25
13,500.00
407.25
7,301.40
10,500.00
0.00
0.00
2,250.00
5,701.62
28,211.90
43,750.00
0.00
6,939.20
30,250.00
0.00
0.00
0.00
2,153.30
20,301.96
18,750.00
0.00
0.00
15,000.00
0.00
0.00
0.00
1,125.00
10,125.00
13,500.00
1,375.00
12,375.00
18,000.00
0.00
6,975.00
9,000.00
0.00
0.00
1,000.00
10,354.15
48,954.78
133,040.00
0.00
22,125.00
22,125.00
1,828.58
1,828.58
5,625.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,716.88
4,500.00
0.00
14,175.00
14,175.00
238.69
465.79
450.00
301.68
1,468.66
6,000.00
5,195.67
55,118.18
71,200.67
16.01
81.88
300.00
600.62
5,578.89
9,000.00
1,720.24
15,247.78
24,000.00
0.00
0.00
0.00
0.00
21,340.05
21,340.00
(11.25)
123.75
300.00
606.59
6,497.18
9,000.00
0.00
0.00
0.00
209.52
1,396.73
2,700.00
0.00
14,629.50
20,400.00

0.00
67.70
0.00
69.51
64.26
96.60
68.76
73.43
0.00
0.00
79.53
69.34
75.00
62.76
100.00
91.25
0.00
63.52
77.25
57.87
59.31
69.54
0.00
64.48
22.94
0.00
108.28
0.00
0.00
75.00
68.75
77.50
0.00
36.80
100.00
32.51
0.00
0.00
60.38
100.00
103.51
24.48
77.41
27.29
61.99
63.53
0.00
100.00
41.25
72.19
0.00
51.73
71.71

Page:

1

 Run: 1/10/2020 at 4:11 PM

Income Statement
Colorado River Water Conservation District
For 9/30/2019

General Fund
6310. Computer Licenses/Software & Services
6320. Small Office Equipment
6340. Vehicle Maintenance
6500. Bldg Construction/Remodel
6600. Bad Debt Expense
6601. Technical Contingency
6605. Water Quality/Selenium Coord.
6606. Colorado Watershed Management
6607. Interstate Watershed Management
6608. Division 4 Work Plan
6609. Division 5 Work Plan
6610. Division 6 Work Plan
6611. ESA/Recovery
6612. Colorado River Contingency
7001. USGS Gaging
7120. Tabor Contingency
8900. Excess Fund Transfer
Total Expenses
Excess Revenue Over (Under) Expenditures

Unaudited

M-T-D
Y-T-D
Annual
Actual $
Actual $
Budget $
4,295.25
39,480.16
51,000.00
0.00
24.37
450.00
852.28
8,057.48
15,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
10,000.00
8.00
55.70
100.00
996.67
19,512.90
25,000.00
0.00
30,000.00
50,000.00
0.00
6,377.00
6,377.00
0.00
27,489.86
40,000.00
0.00
15,000.00
15,000.00
0.00
13,496.00
13,496.00
0.00
0.00
0.00
60,280.83
217,010.64
300,491.00
0.00
0.00
120,805.57
0.00
0.00
200,000.00
308,028.78 2,730,027.12 4,347,658.04
(255,073.80) 1,638,234.88

71,218.35

YTD %
Budget
77.41
5.42
53.72
0.00
0.00
0.00
55.70
78.05
60.00
100.00
68.72
100.00
100.00
0.00
72.22
0.00
0.00
62.79
2,300.30

Page:

2

 Run: 1/10/2020 at 4:12 PM

Balance Sheet
Colorado River Water Conservation District
For 10/31/2019

Unaudited

This Year

Last Year

Change

437.66
2,701,982.06
2,576.97
0.00
36,951.89
0.00
437,522.56
524,907.45
0.00
0.00
0.00
0.00
2,950.90
0.00
213,103.38
(9,756.70)
0.00
4,298,006.00
(129,277.00)
0.00
0.00
0.00
0.00
0.00
(306.13)
0.00
0.00
0.00

290.77
1,617,003.19
620.78
0.00
45,327.96
0.00
428,049.69
512,338.17
0.00
0.00
0.00
0.00
194.90
0.00
321,303.51
(11,810.77)
0.00
4,226,504.00
(156,023.00)
0.00
0.00
0.00
6,363.64
0.00
121,339.02
0.00
0.00
1,482.15

146.89
1,084,978.87
1,956.19
0.00
(8,376.07)
0.00
9,472.87
12,569.28
0.00
0.00
0.00
0.00
2,756.00
0.00
(108,200.13)
2,054.07
0.00
71,502.00
26,746.00
0.00
0.00
0.00
(6,363.64)
0.00
(121,645.15)
0.00
0.00
(1,482.15)

8,079,099.04

7,112,984.01

966,115.03

37,304.63
0.00
0.00
(0.01)
0.00
0.00
612.88
0.00
0.00
0.00
0.08
(2,148.35)
(518.55)
0.00
0.00
622.44
466.64
0.00
0.00
(1,500.00)
4,298,006.00
0.00

24,801.19
0.00
0.00
0.00
(0.01)
0.00
648.41
0.00
(198.61)
0.00
(226.56)
0.08
(476.15)
0.00
0.00
(3,790.11)
6,249.87
198.60
(0.33)
(1,500.00)
4,226,504.00
0.00

12,503.44
0.00
0.00
(0.01)
0.01
0.00
(35.53)
0.00
198.61
0.00
226.64
(2,148.43)
(42.40)
0.00
0.00
4,412.55
(5,783.23)
(198.60)
0.33
0.00
71,502.00
0.00

4,332,845.76

4,252,210.38

80,635.38

01-00-3000.000 Tabor Emergency Reserve
01-00-3010.000 Unappropriated Fund Balance
Change in Net Assets

133,418.00
2,183,902.12
1,428,933.16

131,680.00
1,753,111.43
975,982.20

1,738.00
430,790.69
452,950.96

Total Liabilities and Net Assets

8,079,099.04

7,112,984.01

966,115.03

01 General Fund
Assets
01-00-1000.000 Cash Box - General
01-00-1001.000 Cash In Bank - BoC - Checking
01-00-1002.000 Cash In Bank - Petty Cash
01-00-1008.000 EFT Clearing Account
01-00-1009.000 Undeposted Funds
01-00-1010.000 Wells Fargo /Colotrust -0100
01-00-1015.000 General ColoTrust Prime
01-00-1016.000 General ColoTrust Plus
01-00-1020.000 Investments-All
01-00-1021.000 Allow. For Investments+01-00-1022.000 Accum Amortization Investments
01-00-1023.000 Accrued Interest
01-00-1200.000 Accounts Receivable
01-00-1201.000 Accounts Receivable - Spec.
01-00-1205.000 Housing Notes Receivable
01-00-1206.000 Deferred Revenue
01-00-1207.000 457 Loans Receivable
01-00-1210.000 Property Tax Receivables
01-00-1225.000 Allowance Housing Forgiveness
01-00-1300.000 Prepaid Expenses
01-00-1505.000 Office Equipment
01-00-1599.000 Assets in Fixed Assets Fund
01-02-1990.000 Internal Balances
01-03-1990.000 Internal Balances
01-04-1990.000 Internal Balances
01-05-1990.000 Internal Balances
01-06-1990.000 Internal Balances
01-07-1990.000 Internal Balances
Total Assets
Liabilities and Net Assets
01-00-2000.000 Accounts Payable
01-00-2001.000 Encumbrance Payable
01-00-2010.000 Wages Payable
01-00-2011.000 FICA/Mdcr Payable
01-00-2012.000 Fwt Payable
01-00-2013.000 Cwt Payable
01-00-2014.000 Sui Payable
01-00-2015.000 Disability Insurance
01-00-2016.000 Deferred Compenstion Payable
01-00-2017.000 HSA
01-00-2018.000 Health Insurance Premium Payable
01-00-2019.000 RHS -Payable
01-00-2020.000 Voluntary Life Payable
01-00-2021.000 Accrued Vacation Payable
01-00-2022.000 Accrued Vacation/Comp
01-00-2023.000 Cafeteria Plan - MSA Payable
01-00-2024.000 Cafeteria Plan - DCAP Payable
01-00-2025.000 457 Loan Payable
01-00-2026.000 Roth Payable
01-00-2040.000 24hourFlex Min Maint Bal
01-00-2200.000 Deferred Property Tax Revenue
01-00-2999.000 Excess Funds Transfer to CPO
Total Liabilities

FOR INTERNAL USE ONLY

Page: 1

 Run: 1/10/2020 at 4:11 PM

Income Statement
Colorado River Water Conservation District
For 10/31/2019

General Fund
Revenues
4000. County Taxes
4001. SO And Other Tax
4002. Delinquent Taxes (general)
4010. Property Tax Interest
4020. Tax Increment Financing
4025. Tax Abatements/Credits
4030. County Treasurers Fees
4110. Investment Interest
4120. Miscellaneous Income
4130. Management Fee
4401. Cost of Goods Sold
Total Revenues
Expenses
5000. Contingency Salaries
5001. Salaries
5010. Accrued Vacation
5011. Fica/Medicare
5014. Unemployment
5016. Workers Compensation Insurance
5115. Disability Insurance
5118. Health Insurance
5120. Cafeteria Plan-Employer
5121. Cafeteria Plan-Administration
5122. Retirement - 457 Matching
5123. Retirement - Employer
5124. Retirement - Administration
5125. RHS- Employer Contribution
5211. Employee Housing
5212. Education Assistance
5220. Overhead-C
5310. Travel
5311. Staff Registration
5312. Meeting Expense
6000. Directors Fees
6001. Education/Professional Development
6012. Legal Notice
6013. Special Counsel
6014. Legal Engineering
6015. Legal/Litigation / Adr
6016. Miscellaneous Legal/Materials
6017. Legal Contingency
6018. Legal Assistance To Others
6020. Washington Counsel/Lobbyist
6021. Colorado Lobbyist
6022. Education Assistance To Others
6023. External Affairs -C
6024. Education Programs
6025. Water Policy Survey
6026. Education Supplies
6100. Projects & Grants
6102. Consultant
6103. Accounting Consultant
6104. Audit
6105. Investment/Banking Services
6110. Admin Services/Expenses-C
6150. Assessments
6200. Postage
6201. Office Supplies
6202. Telephone
6203. Printing
6204. Insurance
6205. Records
6210. Lease Equipment
6211. Equipment Repairs
6301. Subscriptions
6302. Dues / Memberships

M-T-D
Actual $

Y-T-D
Actual $

Unaudited

Annual
Budget $

YTD %
Budget

12,283.89 4,250,905.01 4,236,899.35
25,975.32
293,377.39
335,200.05
(2,948.32)
4,831.94
6,528.05
(400.46)
6,293.14
8,488.94
(35.69)
(17,999.25)
(19,500.00)
2,567.51
(11,631.19)
(17,810.00)
(490.36) (151,514.06) (166,430.00)
2,350.46
24,325.66
28,000.00
0.00
8,975.71
7,500.00
0.00
0.00
0.00
0.00
0.00
0.00
39,302.35 4,407,564.35 4,418,876.39

100.33
87.52
74.02
74.13
92.30
65.31
91.04
86.88
119.68
0.00
0.00
99.74

0.00
0.00
0.00
142,752.11 1,502,828.79 2,008,856.50
0.00
0.00
0.00
8,520.50
106,064.09
140,339.01
404.62
4,301.89
6,064.99
0.00
4,636.86
4,800.18
881.15
9,174.84
12,061.23
29,466.72
310,377.58
382,540.89
0.00
0.00
0.00
52.50
521.25
0.00
178.97
12,585.88
15,600.00
13,854.35
148,807.06
194,633.00
0.00
2,812.50
3,750.00
0.01
24,572.32
39,150.00
0.00
1,125.00
1,125.00
0.00
1,368.75
1,500.00
0.00
0.00
3,750.00
6,233.35
85,634.58
125,000.00
1,582.50
22,632.68
27,250.00
819.32
8,840.70
13,862.00
0.00
8,006.25
13,500.00
0.00
7,301.40
10,500.00
259.67
259.67
2,250.00
5,402.03
33,613.93
43,750.00
0.00
6,939.20
30,250.00
0.00
0.00
0.00
1,715.48
22,017.44
18,750.00
0.00
0.00
15,000.00
0.00
0.00
0.00
1,125.00
11,250.00
13,500.00
1,375.00
13,750.00
18,000.00
498.75
7,473.75
9,000.00
0.00
0.00
1,000.00
576.53
49,531.31
133,040.00
0.00
22,125.00
22,125.00
2,719.31
4,547.89
5,625.00
0.00
0.00
0.00
0.00
0.00
0.00
590.63
3,307.51
4,500.00
0.00
14,175.00
14,175.00
16.69
482.48
450.00
2,278.16
3,746.82
6,000.00
5,195.67
60,313.85
71,200.67
159.11
240.99
300.00
439.82
6,018.71
9,000.00
1,608.08
16,855.86
24,000.00
0.00
0.00
0.00
(138.35)
21,201.70
21,340.00
22.50
146.25
300.00
487.38
6,984.56
9,000.00
0.00
0.00
0.00
156.75
1,553.48
2,700.00
56.25
14,685.75
20,400.00

0.00
74.81
0.00
75.58
70.93
96.60
76.07
81.14
0.00
0.00
80.68
76.46
75.00
62.76
100.00
91.25
0.00
68.51
83.06
63.78
59.31
69.54
11.54
76.83
22.94
0.00
117.43
0.00
0.00
83.33
76.39
83.04
0.00
37.23
100.00
80.85
0.00
0.00
73.50
100.00
107.22
62.45
84.71
80.33
66.87
70.23
0.00
99.35
48.75
77.61
0.00
57.54
71.99

Page:

1

 Run: 1/10/2020 at 4:11 PM

Income Statement
Colorado River Water Conservation District
For 10/31/2019

General Fund
6310. Computer Licenses/Software & Services
6320. Small Office Equipment
6340. Vehicle Maintenance
6500. Bldg Construction/Remodel
6600. Bad Debt Expense
6601. Technical Contingency
6605. Water Quality/Selenium Coord.
6606. Colorado Watershed Management
6607. Interstate Watershed Management
6608. Division 4 Work Plan
6609. Division 5 Work Plan
6610. Division 6 Work Plan
6611. ESA/Recovery
6612. Colorado River Contingency
7001. USGS Gaging
7120. Tabor Contingency
8900. Excess Fund Transfer
Total Expenses
Excess Revenue Over (Under) Expenditures

Unaudited

M-T-D
Y-T-D
Annual
Actual $
Actual $
Budget $
6,498.68
45,978.84
51,000.00
88.61
112.98
450.00
2,311.55
10,369.03
15,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
10,000.00
2,992.00
3,047.70
100.00
783.75
20,296.65
25,000.00
0.00
30,000.00
50,000.00
0.00
6,377.00
6,377.00
6,638.92
34,128.78
40,000.00
0.00
15,000.00
15,000.00
0.00
13,496.00
13,496.00
0.00
0.00
0.00
0.00
217,010.64
300,491.00
0.00
0.00
120,805.57
0.00
0.00
200,000.00
248,604.07 2,978,631.19 4,347,658.04
(209,301.72) 1,428,933.16

71,218.35

YTD %
Budget
90.15
25.11
69.13
0.00
0.00
0.00
3,047.70
81.19
60.00
100.00
85.32
100.00
100.00
0.00
72.22
0.00
0.00
68.51
2,006.41

Page:

2

 Colorado River Water Conservation District
Check Register from 9/01/2019 to 10/31/2019
1 GEN - BOC
Check/EFT

Date

Vendor / Description

Check / Payment

Report Criteria... 1/10/2020 @ 3:57 PM
Form:
Sort by
activity dates:
EFT0156

Check Register - Check Register
ActivityDate
From: 9/01/2019 To: 10/31/2019
9/03/2019 [24HOURFLEX] 24HOURFLEX

LDP

EFT5244373

9/03/2019 [WSHCG] WESTERN SLOPE

Sep premium

EFTf9945b0

30.00
37,601.26

9/03/2019 [CAUSEYH] HUNTER J CAUSEY

7/31-8/22

452.20

0997829
0997830

9/04/2019 [CANON] CANON FINANCIAL
9/04/2019 [CWC] COLORADO WATER

HC

266.19
45.00

0997831
0997832

9/04/2019 [FILEFIND] FILE FINDERS LTD
9/04/2019 [GBERRY] GBERRY CORP

September services

45.00
833.33

0997833

9/04/2019 [IMAGENET] IMAGENET

0997834

9/04/2019 [KDNK] CARBONDALE COMMUNITY

2019 Business Challenge Match

0997835

9/04/2019 [METLIFE] METLIFE - GROUP

September 2019

0997836

9/04/2019 [QUILL] QUILL

desk calendar

0997837
0997838

9/04/2019 [RICOH] RICOH USA, INC
9/04/2019 [SAW] SAW ADVERTISING AGENCY

Seminar advertising

369.31
7,175.00

0997839
0997840

9/04/2019 [TWORIV] TWO RIVERS PARK
9/04/2019 [VERIZON] VERIZON WIRELESS

Kobe - 60.01

6,927.56
1,255.05

EFT6314b89

9/05/2019 [TREESEC] CHRISTOPHER J

8/6-8/30

3,598.92

EFT8474744

9/05/2019 [CHAVEZS] SONJA CHAVEZ

8/15-8/30

495.84

EFTaf44376a

9/09/2019 [EYTELM] MICHAEL A EYTEL

8/20-8/29

632.62

EFT0156

9/10/2019 [24HOURFLEX] 24HOURFLEX

SC

0997841

9/11/2019 [ASPENRADIO] ASPEN PUBLIC

Ski and river report

748.00

0997842
0997843

9/11/2019 [BISHOP] BISHOP-BROGDEN
9/11/2019 [CONFLUENCE] CONFLUENCE

7/26-8/31

206.25
808.09

0997844

9/11/2019 [FUSEMEDIA] FUSEMEDIA LLC

50% deposit

0997845

9/11/2019 [CURRAN] LURLINE U CURRAN

8/1-8/31

0997846

9/11/2019 [VGA] VOTOUPAL GOVERNMENTAL

August

1,000.00

0997847

9/11/2019 [WECO] WATER EDUCATION

2019 Fall Headwaters Magazine

1,000.00

0997848

9/11/2019 [WTR STRAT] WATER STRATEGIES

August

1,500.00

0997849

9/11/2019 [HVZ] HVZ DESIGN

Design work 7/1-8/6

2,130.75

9/12/2019 [24HOURFLEX] 24HOURFLEX
9/16/2019 [WESTPU] THOMSON REUTERS9/17/2019 [24HOURFLEX] 24HOURFLEX

SC

70.00
1,336.51
9.52

EFT1734244

9/17/2019 [MUELLERA] ANDREW A MUELLER

8/16-9/13

889.14

EFT2aa4f4d

9/17/2019 [TREESEC] CHRISTOPHER J

9/2-9/12

700.75

eft6162920
0997859

9/17/2019 [CITRIX] LOGMEIN USA, INC.
9/18/2019 [UMB] UMB

WMR - $2,011.57 ($1500 Patrol

EFT091219
0997858
EFT0156

413.14

0997857
0997855

9/18/2019 [SANDYS] SANDY'S OFFICE
9/18/2019 [PITSTP] THE PIT STOP

#2 express detail, #3 car wash

0997854

9/18/2019 [LEXISBENDER] MATTHEW

Legal materials

0997856
0997852

9/18/2019 [RICOH] RICOH USA, INC
9/18/2019 [MERRITTD] DAVID H MERRITT

CWC CONVENTION 8/20-8/22

0997851
0997850

9/18/2019 [GWS-CBN] CITY OF GLENWOOD
9/18/2019 [ALPINE] ALPINE TECHNOLOGIES,

Non contract hours - 5.25, Int

250.00
4,572.01
462.99

79.99

1,500.00
939.08

311.00
2,755.04
100.94
133.15
1,449.55
11.61
766.29
75.00
4,042.30

 Colorado River Water Conservation District
Check Register from 9/01/2019 to 10/31/2019
1 GEN - BOC
Check/EFT

Date

Vendor / Description

Check / Payment

0997889

10/09/2019 [VGA] VOTOUPAL GOVERNMENTAL

September

0997888

10/09/2019 [GRAYT] TOM R GRAY

SEMINAR/CRWCD BUDGET

0997887

10/09/2019 [ALVEYT] THOMAS M ALVEY

CRWCD BUDGET WORKSHOP

73.08

0997886
0997885

10/09/2019 [SANDYS] SANDY'S OFFICE
10/09/2019 [KUHNR] RICHARD E KUHN

2019 Seminar Speaker - mileage

206.49
106.72

0997890

10/09/2019 [WTR STRAT] WATER STRATEGIES

September

0997883

10/09/2019 [RITSCHARDM] MICHAEL D

SEMINAR/CRWCD BUDGET

0997882

10/09/2019 [WHITMOREM] MARTHA P

SEMINAR/CRWCD BUDGET

93.38

0997881

10/09/2019 [STIEGELMEIERK] KARN

SEMINAR/CRWCD BUDGET

215.76

0997880
0997879

10/09/2019 [FILEFIND] FILE FINDERS LTD
10/09/2019 [MERRITTD] DAVID H MERRITT

SEMINAR/CRWCD BUDGET

45.00
555.56

0997878
0997877
0997876

10/09/2019 [GWS-CBN] CITY OF GLENWOOD
10/09/2019 [BISHOP] BISHOP-BROGDEN
10/09/2019 [ASPENRADIO] ASPEN PUBLIC

River Report

75.00
996.67
340.00

0997884

10/09/2019 [NELCO] NELCO

2019 W2/1099

EFT7a0419b

10/11/2019 [EYTELM] MICHAEL A EYTEL

9/18-9/24

573.64

EFTe0849ed

10/11/2019 [POKRANDTJ] JAMES E POKRANDT

7/26-10/3

1,896.08

10/15/2019 [24HOURFLEX] 24HOURFLEX
10/15/2019 [24HOURFLEX] 24HOURFLEX

SC

70.00
30.00

EFT2e94042

10/16/2019 [DEPAOLOL] LAURIE J DePAOLO

10/14/19

74.02

EFT5385904
EFTa344ff88

10/16/2019 [CITRIX] LOGMEIN USA, INC.
10/16/2019 [FREDERICKA] ALESHA L

9/17-9/27

312.50
94.85

EFTbf34533

10/16/2019 [POKRANDTJ] JAMES E POKRANDT

8/15/19

0997906

10/17/2019 [UMB] UMB

WMR - $266.63

844.64

0997905

10/17/2019 [RIVERIA] RIVERSIDE IMPORT

#2 oil change, #3 oil change,

392.91

0997904
0997902

10/17/2019 [RICOH] RICOH USA, INC
10/17/2019 [SPYKERM] MEREDITH M SPYKER

June Voluntary Life Refund

0997901

10/17/2019 [LEXISBENDER] MATTHEW

2019-2020 CO Evid Courtroom Ma

256.27

0997900

10/17/2019 [CURRAN] LURLINE U CURRAN

9/1-9/30

941.84

0997899

10/17/2019 [LBD] LEARNING BY DOING, INC.

2019 Monitoring program

0997903

10/17/2019 [QUILL] QUILL

Pens, sugar, bowls

0997897

10/17/2019 [HVZ] HVZ DESIGN

Design work from 8/7-9/26

0997896

10/17/2019 [MRP] GLOBAL RETIREMENT

7/1-9/30

1,250.00

0997895

10/17/2019 [CA14032] DIETZE & DAVIS, PC

CRCA

4,182.50

0997894

10/17/2019 [CMU] COLORADO MESA

Seminar room rental, food and

8,757.65

0997893

10/17/2019 [CO INTER] COLORADO

WD6-19CW

0997892

10/17/2019 [ALPINE] ALPINE TECHNOLOGIES,

Non contract hours - 22 (Offic

0997898

10/17/2019 [KARP] KARP, NEU, HANLON, P.C.

Personnel matters

EFT0156

10/22/2019 [24HOURFLEX] 24HOURFLEX

SC

EFT0156

10/22/2019 [24HOURFLEX] 24HOURFLEX

SC

0997910

10/23/2019 [WESTPU] THOMSON REUTERS-

0997909

10/23/2019 [QUILL] QUILL

Easel x2

0997907

10/23/2019 [FAMILYA] FAMILY FARM ALLIANCE

Upper Colorado River Basin "Wa

500.00

0997908

10/23/2019 [KARP] KARP, NEU, HANLON, P.C.

Personnel Matter

429.47

EFT101519
EFT0156

EFT
eft11288915
eft11289878

10/24/2019 Pay period ending 10/14/2019
10/24/2019 [ICMA457] ICMA - 457 ( Oct PR)
10/24/2019 [ICMAIRA] ICMA - ROTH IRA ( Oct

1,000.00
197.85

1,500.00
206.48

72.44

68.44

24.35
17.82

2,984.00
32.59
723.75

37.00
5,640.00
423.00
30.00
29.01
1,656.93
76.46

136,061.90
20,286.07
1,650.00

 Colorado River Water Conservation District
Check Register from 9/01/2019 to 10/31/2019
1 GEN - BOC
Check/EFT

Date

Vendor / Description

eft11290910
eft11291875
eft62441975
eft7904252
eft9d94670a
EFT1703326

10/24/2019
10/24/2019
10/24/2019
10/24/2019
10/24/2019
10/25/2019

EFT1703326
EFT1703326

10/25/2019 [VISA] VISA-PINNACLE BANK OF
10/25/2019 [VISA] VISA-PINNACLE BANK OF

CRCA - $53.96

EFT0524683

10/25/2019 [KANZERD] DAVID A KANZER

8/15-8/22

729.69

EFT0156

10/25/2019 [24HOURFLEX] 24HOURFLEX

ME

416.67

10/25/2019 [VISA] VISA-PINNACLE BANK OF

RESCORE TRIPOD

10/28/2019 [WILSONL] LUCI L WILSON

10/20-10/23

EFT102519
EFT73048db
eft7945488

[ICMARHS] ICMA - RHS ( Oct PR)
[ICMA401] ICMA ( Oct PR)
[IRS] INTERNAL REVENUE
[CODEPREV] COLORADO DEPT OF
[USBANKHSA] US BANK ( Oct PR)
[VISA] VISA-PINNACLE BANK OF

Check / Payment

ORDER FOR KWA PUMP PLANT

3,965.28
21,116.05
51,695.53
7,544.06
8,213.70
10,947.56
313.78
1,512.76

10,191.94
647.55

10/28/2019 [CITRIX] LOGMEIN USA, INC.

GoTo Webinar

10/29/2019 [CENLINK] CENTURYLINK
10/29/2019 [PHILIPSI] IAN PHILIPS

10/20 - 10/23 Exp Rpt

0997924

10/30/2019 [VERIZON] VERIZON WIRELESS

9/16-10/15..Kobe $60.01

0997911

10/30/2019 [BONFIRE] BONFIRE COFFEE

5 lbs garage blend..5 lbs moch

134.16

0997912

10/30/2019 [MONGERD] DOUGLAS B. MONGER

FOURTH QUARTERLY MEETING

145.00

0997913

10/30/2019 [STIEGELMEIERK] KARN

FOURTH QUARTERLY MEETING

105.56

0997914

10/30/2019 [CHANDLERHENRYK] KATHY

FOURTH QUARTERLY MEETING

69.60

0997915

10/30/2019 [WHITMOREM] MARTHA P

FOURTH QUARTERLY MEETING

187.92

0997916
0997917

10/30/2019 [METLIFE] METLIFE - GROUP
10/30/2019 [RITSCHARDM] MICHAEL D

FOURTH QUARTERLY MEETING

4,358.48
110.20

0997918

10/30/2019 [HAZARDR] REBIE S HAZARD

FOURTH QUARTERLY MEETING

175.16

0997920

10/30/2019 [WHINNERYS] STANLEY W

FOURTH QUARTERLY MEETING

203.00

0997921

10/30/2019 [ACQUAFRESCAS] STEVEN J

FOURTH QUARTERLY MEETING

104.40

0997922

10/30/2019 [GRAYT] TOM R GRAY

FOURTH QUARTERLY MEETING

148.48

0997923

10/30/2019 [TWORIV] TWO RIVERS PARK

November

0997925

10/30/2019 [TRAMPEW] WILLIAM S TRAMPE

FOURTH QUARTERLY MEETING

eft14347607
eftb7743f3a4

Total Checks:

1,200.00
647.14
567.78
1,254.35

6,927.56
60.90
832,931.39

 GO BACK
COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
CAPITAL PROJECTS FUND
September 30, 2019
08/31/19

CASH AND EQUIVALENTS AS OF:

$761,955.40
$82,529.03
$2,092, 187 .86
$21,242.46
$1,000,000.00

BOC-GLENWOOD - CHECKING
COLOTRUST PRIME
COLOTRUST PLUS
PEAKS
INVESTMENTS

$3,957,914.75

TOTAL
DEPOSITS:

44,516.68
136.99
3,760.48

BOC-GLENWOOD - CHECKING
COLOTRUST PRIME
COLOTRUST PLUS
PEAKS
TOTAL

48,456.05

DISBURSEMENTS:

BOC-GLENWOOD - CHECKING
COLOTRUST PRIME
COLOTRUST PLUS
PEAKS

0.00
0.00
0.00
0.00

TOTAL

0.00

INVESTMENTS:

NET INCREASE/[DECREASE]

0.00

TOTAL

0.00
09/30/19

CASH AND EQUIVALENTS AS OF:

$4,006,370.80

SUMMARY:

BOC-GLENWOOD - CHECKING
COLOTRUST PRIME
COLOTRUST PLUS
PEAKS
INVESTMENTS

$806,472.08
82,666.02
2,095,948.34
21,284.36
1,000,000.00

SUMMARY TOTAL AS OF:

Signature

ROGER D. MAGGARD, TREASURER
COLORADO RIVER WATER
CONSERVATION DISTRICT

09/30/19

Date

$4,006,370.80

 COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
ANALYSIS OF INVESTMENTS
CAPITAL PROJECTS FUND

September 30, 2019

BALANCE

ADDITIONS

DELETIONS

BALANCE

08/31/19

(PURCHASED)

(MATURED)

09/30/19

TREASURIES & DISCOUNT AGENCIES

FHLB #31308Q30
TOTAL INVESTMENTS

$1,000,000.00
$1,000,000.00

SUMMARY:

Additions

0.00

Deletions

$0.00

NET INCREASE/(DECREASE)

$0.00

$0.00

$0.00

1,000,000.00
$1,000,000.00

 COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
CAPITAL PROJECTS FUND
October 31, 2019
CASH AND EQUIVALENTS AS OF:

09/30/19

BOC-GLENWOOD - CHECKING

$806,472.08
$82,666.02
$2,095,948.34
$21,284.36
$1,000,000.00

COLOTRUST PRIME
COLOTRUST PLUS
PEAKS
INVESTMENTS
TOTAL

$4,006,370.80

DEPOSITS:

BOC-GLENWOOD - CHECKING
COLOTRUST PRIME

150.62
126.67
3,681.57
96.94

COLOTRUST PLUS
. PEAKS
TOTAL

4,055.80

DISBURSEMENTS:

BOC-GLENWOOD - CHECKING

15,925.88
0.00
0.00
0.00

COLOTRUST PRIME
COLOTRUST PLUS
PEAKS
TOTAL

15,925.88

INVESTMENTS:

NET INCREASE/[DECREASE)

0.00

TOTAL

0.00

CASH AND EQUIVALENTS AS OF:

10/31/19

$3,994,500.72

SUMMARY:

BOC-GLENWOOD - CHECKING

$790,696.82
82,792.69
2,099,629.91
21,381.30
1,000,000.00

COLOTRUST PRIME
COLOTRUST PLUS
PEAKS
INVESTMENTS
SUMMARY TOTAL AS OF:

Signature

10/31/19

Date

ROGER D. MAGGARD, TREASURER
COLORADO RIVER WATER
CONSERVATION DISTRICT

$3,994,500. 72

 COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
ANALYSIS OF INVESTMENTS
CAPITAL PROJECTS FUND

October 31, 2019

BALANCE

TREASURIES & DISCOUNT AGENCIES
FHLB #31308030
TOTAL INVESTMENTS

ADDITIONS
(PURCHASED)

DELETIONS

BALANCE

09/30/19

(MATURED)

10/31/19

$1,000,000.00
$1,000,000.00

$0.00

$0.00

SUMMARY:
Additions

0.00

Deletions

$0.00

NET INCREASE/(DECREASE)

$0.00

1,000,000.00
$1,000,000.00

 Run: 1/10/2020 at 4:00 PM

Balance Sheet
Colorado River Water Conservation District
For 9/30/2019

Unaudited

This Year

Last Year

Change

806,472.08
21,284.36
0.00
0.00
0.00
82,666.02
2,095,948.34
1,000,000.00
(47,390.00)
0.00
9,405.00
0.00
0.00
0.00
0.00
0.00

981,234.52
49,629.86
0.00
0.00
0.00
80,861.44
2,045,326.01
1,000,000.00
(41,190.00)
0.00
9,405.00
0.00
0.00
0.00
0.00
(8,543.84)

(174,762.44)
(28,345.50)
0.00
0.00
0.00
1,804.58
50,622.33
0.00
(6,200.00)
0.00
0.00
0.00
0.00
0.00
0.00
8,543.84

3,968,385.80

4,116,722.99

(148,337.19)

10,000.00
0.00

0.00
0.00

10,000.00
0.00

10,000.00

0.00

10,000.00

02-00-3010.000 Fund Balances
Change in Net Assets

4,039,283.36
(80,897.56)

4,170,678.79
(53,955.80)

(131,395.43)
(26,941.76)

Total Liabilities and Net Assets

3,968,385.80

4,116,722.99

(148,337.19)

02 Capital Project Fund
Assets
02-00-1001.000 Capital Project -BoC
02-00-1002.000 Peaks - CPO
02-00-1009.000 Undeposit Funds
02-00-1010.000 Wells Fargo /Colotrust -0100
02-00-1011.000 CSAFE - 5604 - Omid
02-00-1015.000 Capital ColoTrust Prime
02-00-1016.000 Capital ColoTrust Plus
02-00-1020.000 Investments-All
02-00-1021.000 Allowance For Investments
02-00-1022.000 Accum. Amortization
02-00-1023.000 Accrued Interest
02-00-1200.000 Accounts Receivable
02-00-1300.000 Prepaid Expenses
02-00-1599.000 Assets
02-00-1999.000 Excess Funds Transfer from GEN
02-01-1990.000 Internal Balances
Total Assets
Liabilities and Net Assets
02-00-2000.000 Accounts Payable
02-00-2001.000 Encumbrance Payable
Total Liabilities

FOR INTERNAL USE ONLY

Page:

1

 Run: 1/10/2020 at 4:01 PM

Income Statement
Colorado River Water Conservation District
For 9/30/2019

Unaudited
Page:

Capital Project Fund
Revenues
4110. Investment Interest
4120. Miscellaneous Income
4130. Management Fee
4201. NEPA Cost Reimbursements
4900. Excess Funds Transfer
Total Revenues
Expenses
5212. Education Assistance
5312. Meeting Expense
6013. Special Counsel
6014. Legal Engineering
6015. Legal Litigation / Adr
6016. Miscellaneous Legal/Materials
6017. Legal Contingency
6101. Project Assistance
6105. Investment/Banking Services
6201. Office Supplies
6310. Computers - Licenses/Software & Services
6500. Bldg Construction/Remodel
6501. Office Equipment
6502. Computer Equipment
6503. Office Reconfiguration
6600. Bad Debt Expense
7011. Ruedi Water
7108. Contingency Planning Implementation (Water
Banking)
9000. Fleet Vehicle Acquisition
Total Expenses
Excess Revenue Over (Under) Expenditures

M-T-D
Actual $

Y-T-D
Actual $

Annual
Budget $

YTD %
Budget

4,082.01
0.00
0.00
0.00
0.00
4,082.01

62,071.20
0.00
0.00
0.00
0.00
62,071.20

74,750.00
0.00
0.00
0.00
200,000.00
274,750.00

83.04
0.00
0.00
0.00
0.00
22.59

0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5,265.00
0.00
0.00
3,190.53
0.00
0.00
0.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
72,705.35
0.00
0.00
5,804.93
17,565.84
0.00
5,448.88
0.00
0.00
16,532.76
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
174,070.00
0.00
0.00
7,500.00
18,750.00
6,500.00
12,000.00
0.00
0.00
16,533.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
41.77
0.00
0.00
77.40
93.68
0.00
45.41
0.00
0.00
100.00
0.00

0.00
8,455.53

24,911.00
142,968.76

30,000.00
265,353.00

83.04
53.88

(4,373.52)

(80,897.56)

9,397.00

(860.89)

1

 Run: 1/10/2020 at 4:00 PM

Balance Sheet
Colorado River Water Conservation District
For 10/31/2019

Page:

Unaudited

This Year

Last Year

Change

790,696.82
21,381.30
0.00
0.00
0.00
82,792.69
2,099,629.91
1,000,000.00
(47,390.00)
0.00
9,405.00
0.00
0.00
0.00
0.00
0.00

973,073.86
49,702.86
0.00
0.00
0.00
81,000.14
2,049,352.74
1,000,000.00
(41,190.00)
0.00
9,405.00
0.00
0.00
0.00
0.00
(6,363.64)

(182,377.04)
(28,321.56)
0.00
0.00
0.00
1,792.55
50,277.17
0.00
(6,200.00)
0.00
0.00
0.00
0.00
0.00
0.00
6,363.64

3,956,515.72

4,114,980.96

(158,465.24)

50,000.00
0.00

0.00
0.00

50,000.00
0.00

50,000.00

0.00

50,000.00

02-00-3010.000 Fund Balances
Change in Net Assets

4,039,283.36
(132,767.64)

4,170,678.79
(55,697.83)

(131,395.43)
(77,069.81)

Total Liabilities and Net Assets

3,956,515.72

4,114,980.96

(158,465.24)

02 Capital Project Fund
Assets
02-00-1001.000 Capital Project -BoC
02-00-1002.000 Peaks - CPO
02-00-1009.000 Undeposit Funds
02-00-1010.000 Wells Fargo /Colotrust -0100
02-00-1011.000 CSAFE - 5604 - Omid
02-00-1015.000 Capital ColoTrust Prime
02-00-1016.000 Capital ColoTrust Plus
02-00-1020.000 Investments-All
02-00-1021.000 Allowance For Investments
02-00-1022.000 Accum. Amortization
02-00-1023.000 Accrued Interest
02-00-1200.000 Accounts Receivable
02-00-1300.000 Prepaid Expenses
02-00-1599.000 Assets
02-00-1999.000 Excess Funds Transfer from GEN
02-01-1990.000 Internal Balances
Total Assets
Liabilities and Net Assets
02-00-2000.000 Accounts Payable
02-00-2001.000 Encumbrance Payable
Total Liabilities

FOR INTERNAL USE ONLY

1

 Run: 1/10/2020 at 4:01 PM

Income Statement
Colorado River Water Conservation District
For 10/31/2019

Unaudited
Page:

Capital Project Fund
Revenues
4110. Investment Interest
4120. Miscellaneous Income
4130. Management Fee
4201. NEPA Cost Reimbursements
4900. Excess Funds Transfer
Total Revenues
Expenses
5212. Education Assistance
5312. Meeting Expense
6013. Special Counsel
6014. Legal Engineering
6015. Legal Litigation / Adr
6016. Miscellaneous Legal/Materials
6017. Legal Contingency
6101. Project Assistance
6105. Investment/Banking Services
6201. Office Supplies
6310. Computers - Licenses/Software & Services
6500. Bldg Construction/Remodel
6501. Office Equipment
6502. Computer Equipment
6503. Office Reconfiguration
6600. Bad Debt Expense
7011. Ruedi Water
7108. Contingency Planning Implementation (Water
Banking)
9000. Fleet Vehicle Acquisition
Total Expenses
Excess Revenue Over (Under) Expenditures

M-T-D
Actual $

Y-T-D
Actual $

Annual
Budget $

YTD %
Budget

4,055.80
0.00
0.00
0.00
0.00
4,055.80

66,127.00
0.00
0.00
0.00
0.00
66,127.00

74,750.00
0.00
0.00
0.00
200,000.00
274,750.00

88.46
0.00
0.00
0.00
0.00
24.07

0.00
0.00
0.00
0.00
0.00
0.00
0.00
50,000.00
0.00
0.00
1,517.65
0.00
0.00
4,408.23
0.00
0.00
0.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
122,705.35
0.00
0.00
7,322.58
17,565.84
0.00
9,857.11
0.00
0.00
16,532.76
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
174,070.00
0.00
0.00
7,500.00
18,750.00
6,500.00
12,000.00
0.00
0.00
16,533.00
0.00

0.00
0.00
0.00
0.00
0.00
0.00
0.00
70.49
0.00
0.00
97.63
93.68
0.00
82.14
0.00
0.00
100.00
0.00

0.00
55,925.88

24,911.00
198,894.64

30,000.00
265,353.00

83.04
74.95

(51,870.08)

(132,767.64)

9,397.00

(1,412.87)

1

 Colorado River Water Conservation District
Check Register from 9/01/2019 to 10/31/2019
3 CPO - BOC
Check/EFT

Date

Vendor / Description

Check / Payment

Report Criteria... 1/10/2020 @ 3:58 PM
Form:
Sort by
activity dates:
0995086

Check Register - Check Register
ActivityDate
From: 9/01/2019 To: 10/31/2019
10/23/2019 [MINNESOTA] MINNESOTA L-75

Final Payment
Total Checks:

10,000.00
10,000.00

 GO BACK
COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
ENTERPRISE FUND
September 30, 2019

CASH AND EQUIVALENTS AS OF:

8/31/19
$200.00

CASH ON HAND
BANK OF THE WEST-PETTY CASH-2163

$1,052.96

BOC-GLENWOOD - CHECKING

$7,038,982.04

COLOTRUST PRIME

$2,890,921.22

COLOTRUST PLUS

$3,138,281.76

CSAFE-5610

$3, 189,392.04

PEAKS

$37,446.44
$13,687,083.50

INVESTMENTS

$29,983,359.96

TOTAL
DEPOSITS:
0.00

CASH ON HAND
BANK OF THE WEST-PETTY CASH-2163

0.00

BOC-GLENWOOD - CHECKING

432,982.66

COLOTRUST PRIME

4,798.61

COLOTRUST PLUS

5,640.73

CSAFE-5610

5,808.68
27,580. 14

PEAKS

TOTAL

476,810,82

DISBURSEMENTS:
0.00

CASH ON HAND
BANK OF THE WEST-PETTY CASH-2163

840.00

BOC-GLENWOOD - CHECKING

1,866,498.08

COLOTRUST PRIME

0.00

COLOTRUST PLUS

0.00

CSAFE-5610

0.00

PEAKS

0.00

TOTAL

1,867,338.08

INVESTMENTS:
NET INCREASE/(DECREASE)

0.00

TOTAL
CASH AND EQUIVALENTS AS OF:

0.00

09/30/19

$28,592,832.70

SUMMARY:
CASH ON HAND

$200.00

BANK OF THE WEST-PETTY CASH-2163

$212.96

BOC-GLENWOOD - CHECKING

$5,605,466.62

COLOTRUST PRIME

$2,895,719.83

COLOTRUST PLUS

$3, 143,922.49

CSAFE-5610

$3, 195,200. 72

PEAKS

$65,026.58

INVESTMENTS

SUMMARY TOTAL AS OF:

Signature

ROGER D. MAGGARD, TREASURER
COLORADO RIVER WATER
CONSERVATION DISTRICT

$13,687,083.50

09/30/19

Date

$28,592,832.70

 COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
ANALYSIS OF INVESTMENTS
ENTERPRISE FUND
September 30, 2019
BALANCE

ADDITIONS

DELETIONS

BALANCE

8/31/2019

(PURCHASED)

(MATURED)

9/30/2019

TREASURIES & DISCOUNT AGENCIES
CCB Utah#20033ASX5

$245,000.00

$245,000.00

Capone #140420N22

$245,000.00

$245,000.00

Capone #14042REA5

$245,000.00

$245,000.00

Discover #254672M39

$245,000.00

$245,000.00

Amer. Express #02587DM70

$245,000.00

$245,000.00

FHLB #3130A8NRO

$500,000.00

$500,000.00

FFCB #3133EFH59

$500,000.00

$500,000.00

FFCB #3133EGLFO

$1,030,000.00

$1,030,000.00

FNMA #3136G3CL7

$500,000.00

$500,000.00

FNMA #3136G3CFO

$500,000.00

$500,000.00

FFCB #3133EFF28

$500,000.00

$500,000.00

FHLMC #3134G8NK1

$500,000.00

$500' 000. 00

$1,000,000.00

$1,000,000.00

FNMA #3136G3ZY4

$999,000.00

$999' 000. 00

USTreas #912828T67

$988,080.00

$988,080.00

FHLB #310A9PD7

$500,000.00

$500' 000. 00

FNMA #3134G9L70

$500,000.00

$500' 000. 00

$1,000,000.00

$1,000,000.00

FHLMC Step #3134G8VZ9

FFCB #313EGTN5
Goldman Sachs #38148PJK4

$245,000.00

$245,000.00

Ally Bank #02006L2Jl

$245,000.00

$245,000.00

Sallie Mae #795450A21

$245,000.00

$245,000.00

Amer. Express FSB #02587CEM8

$245,000.00

$245,000.00

Synchrony Bank #87165HRY8

$135,003.50

$135,003.50

First Bank Highland #319141JVO

$110,000.00

$110,000.00

CitiBank #17312QJ34

$245,000.00

$245,000.00

UBS Bank #90348JCW8

$125,000.00

$125,000.00

Morgan Stanley #61690UEH9

$245,000.00

$245,000.00

Morgan Stanley #61760AVS5

$245,000.00

$245,000.00

TIAA #87270BU6

$245,000.00

$245,000.00

Morton Community #619165HZ9

$245,000.00

$245,000.00

Wells Fargo #949763YH#

$245,000.00

$245,000.00

FFCB #3133EKNE2

$625,000.00

TOTAL INVESTMENTS

$13,687 ,083.50

SUMMARY:

Additions

$0.00

Deletions

0.00

NET INCREASEl(DECREASE)

$0.00

$625,000.00
$0.00

$0.00

$13,687,083.50

 COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
ENTERPRISE FUND

October 31, 2019
CASH AND EQUIVALENTS AS OF:

9/30/19
$200.00

CASH ON HAND
BANK OF THE WEST-PETTY CASH-2163

$212.96

BOC-GLENWOOD - CHECKING

$5,605,466.62

COLOTRUST PRIME

$2,895,719.83

COLOTRUST PLUS

$3, 143,922.49

CSAFE-5610

$3, 195,200. 72

PEAKS

$65,026.58

INVESTMENTS

$13,687,083.50

$28,592,832. 70

TOTAL

DEPOSITS:
CASH ON HAND

0.00

BANK OF THE WEST-PETTY CASH-2163

1,000.00

BOC-GLENWOOD - CHECKING

66,254.12

COLOTRUST PRIME

4,437.24

COLOTRUST PLUS

5,522.37

CSAFE-5610

5,769.40

PEAKS

1,533, 766.69

1,616,749.82

TOTAL

DISBURSEMENTS:
CASH ON HAND

0.00

BANK OF THE WEST-PETTY CASH-2163

135.00

BOC-GLENWOOD - CHECKING

279,570.17

COLOTRUST PRIME

0.00

COLOTRUST PLUS

0.00

CSAFE-5610

0.00

PEAKS

1,345,372.17

TOTAL

1,625,077.34

INVESTMENTS:
NET INCREASE/(DECREASE)

(155,000.00)

TOTAL

CASH AND EQUIVALENTS AS OF:

(155,000.00)

10/31/19

$28,429,505.18

SUMMARY:
CASH ON HAND

$200.00

BANK OF THE WEST-PETTY CASH-2163

$1,077.96

BOC-GLENWOOD - CHECKING

$5,392, 150.57

COLOTRUST PRIME

$2,900, 157.07

COLOTRUST PLUS

$3, 149,444.86

CSAFE-5610

$3,200,970.12

PEAKS

$253,421.10

INVESTMENTS

SUMMARY TOTAL AS OF:

Signature

ROGER D. MAGGARD, TREASURER
COLORADO RIVER WATER
CONSERVATION DISTRICT

$13,532,083.50

10/31/19

Date

$28,429,505.18

 COLORADO RIVER WATER CONSERVATION DISTRICT
TREASURER'S REPORT
ANALYSIS OF INVESTMENTS
ENTERPRISE FUND
October 31, 2019
BALANCE

ADDITIONS

DELETIONS

BALANCE

9/30/2019

(PURCHASED)

(MATURED)

10/31/2019

TREASURIES & DISCOUNT AGENCIES
CCB Utah#20033ASX5

$245,000.00

$245,000.00

Capone #140420N22

$245,000.00

$245,000.00

Capone #14042REA5

$245,000.00

$245,000.00

Discover #254672M39

$245,000.00

$245,000.00

Amer. Express #02587DM70

$245,000.00

FHLB #3130A8NRO

$500,000.00

FFCB #3133EFH59

$500 ,000 .00

$500,000.00

FFCB #3133EGLFO

$245,000.00
500,000.00

$0.00

$1,030,000.00

$1,030,000.00

FNMA #3136G3CL7

$500,000.00

$500' 000. 00

FNMA #3136G3CFO

$500,000.00

$500' 000. 00

FFCB #3133EFF28

$500,000.00

$500' 000. 00

FHLMC #3134G8NK1

$500,000.00

FHLMC Step #3134G8VZ9

$500,000.00
1,000,000.00

$1,000,000.00

$0.00

FNMA #3136G3ZY4

$999,000.00

$999,000.00

USTreas #912828T67

$988,080.00

$988,080.00

FHLB #310A9PD7

$500,000.00

$500' 000. 00

FNMA #3134G9L70

$500,000.00

$500,000.00

$1,000,000.00

$1,000,000.00

Goldman Sachs #38148PJK4

$245,000.00

$245,000.00

Ally Bank #02006L2Jl

$245,000.00

$245,000.00

Sallie Mae #795450A21

$245,000.00

$245,000.00

Amer. Express FSB #02587CEM8

$245,000.00

$245,000.00

Synchrony Bank #87165HRY8

$135,003.50

$135,003.50

First Bank Highland #319141JVO

$110,000.00

$110,000.00

CitiBank #17312QJ34

$245,000.00

$245,000.00

UBS Bank #90348JCW8

$125,000.00

$125,000.00

Morgan Stanley #61690UEH9

$245,000.00

$245,000.00

Morgan Stanley #61760AVS5

$245,000.00

$245,000.00

TIAA #87270BU6

$245,000.00

$245,000.00

Morton Community #619165HZ9

$245,000.00

$245,000.00

Wells Fargo #949763YH#

$245 ,000.00

$245,000.00

FFCB #3133EKNE2

$625,000.00

FFCB #313EGTN5

$625,000.00

EnerBank #29278TMD9

$0.00

245,000.00

$245,000.00

FFCB #3133EK2U9

$0.00

1,l.00,000.00

$1, 100,000.00

$13,687 ,083.50

$1,345,000.00

TOTAL INVESTMENTS
SUMMARY:
Additions

$1,345,000.00

Deletions

1,500,000.00

NET INCREASE/(DECREASE)

($155,ooo.ooi

$1,500,000.00

$12, 187 ,083.50

 Run: 1/10/2020 at 4:18 PM

Balance Sheet
Colorado River Water Conservation District
For 9/30/2019

04 Enterprise Fund
Assets
04-00-1000.000 Cash Box
04-00-1001.000 Peaks - ENT
04-00-1002.000 Petty Cash
04-00-1003.000 Cash In Bank-BoC -Checking
04-00-1004.000 Alpine Bank
04-00-1009.000 Undeposited Fund
04-00-1010.000 Wells Fargo /Colotrust -0100
04-00-1011.000 CSAFE - 5603 - Elkhead Escrow
04-00-1012.000 Csafe-5601
04-00-1013.000 Aim-0045
04-00-1014.000 RESTRICTED CWCB/ELKHEAD
PAYMENT
04-00-1015.000 Enterprise ColoTrust Prime
04-00-1016.000 Us Bank Money Market
04-00-1017.000 Enterprise ColoTrust Plus
04-00-1020.000 Investments-All
04-00-1021.000 Allowance For Investments+04-00-1022.000 Accum Amortization Investments
04-00-1023.000 Accrued Interest
04-00-1200.000 Accounts Receivable
04-00-1205.000 Housing Notes Receivable
04-00-1206.000 Deferred Revenue
04-00-1225.000 Allowance Housing Forgiveness
04-00-1300.000 Prepaid Expenses
04-00-1400.000 ST Invest In Sales-Type Lease
04-00-1401.000 LT Investment Sales-Type Lease
04-00-1500.000 Land
04-00-1501.000 Vehicles
04-00-1502.000 Dam Projects
04-00-1503.000 Recreation Area
04-00-1504.000 Equipment
04-00-1505.000 Reservoir Co Stock
04-00-1506.000 Computer Equipment
04-00-1507.000 Office Building
04-00-1508.000 Software/Upgrade
04-00-1509.000 Equipment/Tools
04-00-1510.000 GWS Office Building
04-00-1511.000 Water Treatment Plant
04-00-1520.000 Construction In Progress
04-00-1599.000 Assets in Fixed Assets Fund
04-00-1601.000 A/D-Vehicles
04-00-1602.000 A/D-Dam Project
04-00-1603.000 A/D-Recreation Area
04-00-1604.000 A/D-Furniture & Fixtures
04-00-1605.000 A/D-Office Equipment
04-00-1606.000 A/D-Computer Equipment
04-00-1607.000 A/D-Office Building
04-00-1608.000 A/D-Software/Upgrade
04-00-1609.000 A/D-Equipment/Tools
04-00-1610.000 A/D-GWS Office Building
04-00-1611.000 A/D-Water Treatment Plant
04-00-1620.000 Accumulated Depreciation
04-00-1700.000 Reservoir Company Stock
04-00-1800.000 Ruedi Reservoir CA03053 (5000 AF)
04-00-1801.000 Ruedi Reservoir CA00034 (500AF)
04-00-1802.000 Ruedi Reservoir CA00036 (700AF)
04-00-1803.000 Ruedi Reservoir CA02027 (530AF)
04-01-1990.000 Internal Balances
04-06-1501.001 WMP Vehicles
Total Assets

Unaudited

This Year

Last Year

Change

200.00
65,026.58
212.96
5,605,466.62
0.00
0.00
0.00
0.00
3,195,200.72
0.00
0.00

200.00
15,845.09
2,048.12
3,908,980.02
0.00
0.00
0.00
0.00
3,119,172.41
0.00
0.00

0.00
49,181.49
(1,835.16)
1,696,486.60
0.00
0.00
0.00
0.00
76,028.31
0.00
0.00

2,895,719.83
0.00
3,143,922.49
13,687,083.50
(343,002.94)
2,856.75
193,569.34
108,098.80
80,784.68
(3,252.23)
(49,642.66)
0.00
2,761,482.50
1,451,027.94
3,091,477.22
237,079.86
65,480,581.78
1,151,704.49
181,383.34
2,589,382.67
13,166.74
1,499,009.77
0.00
0.00
0.00
0.00
0.00
0.00
(181,271.71)
(14,244,245.49)
(549,388.85)
(80,958.03)
(9,271.00)
(9,832.07)
(307,702.17)
0.00
0.00
(19,401.00)
(13,724.12)
(921,910.26)
0.00
2,905,136.00
104,896.40
146,854.96
184,830.76
(1,039.59)
6.22

2,832,506.75
0.00
3,067,989.01
14,072,083.50
(279,875.21)
2,609.86
278,928.05
171,255.53
107,290.07
(3,936.92)
(52,007.66)
0.00
2,584,111.51
4,212,510.43
3,091,477.22
237,079.86
64,845,874.48
1,151,704.49
82,566.34
2,527,344.30
10,750.03
1,499,009.77
0.00
0.00
0.00
0.00
0.00
0.00
(159,667.13)
(13,349,350.88)
(513,317.83)
(77,672.67)
(9,271.00)
(9,073.07)
(264,823.01)
0.00
0.00
(19,401.00)
(13,724.12)
(921,910.26)
0.00
3,128,608.00
119,881.60
167,834.24
204,286.64
(391,818.39)
6.22

63,213.08
0.00
75,933.48
(385,000.00)
(63,127.73)
246.89
(85,358.71)
(63,156.73)
(26,505.39)
684.69
2,365.00
0.00
177,370.99
(2,761,482.49)
0.00
0.00
634,707.30
0.00
98,817.00
62,038.37
2,416.71
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(21,604.58)
(894,894.61)
(36,071.02)
(3,285.36)
0.00
(759.00)
(42,879.16)
0.00
0.00
0.00
0.00
0.00
0.00
(223,472.00)
(14,985.20)
(20,979.28)
(19,455.88)
390,778.80
0.00

94,041,520.80

95,376,104.39

(1,334,583.59)

270,026.43
0.00

153,500.36
0.00

116,526.07
0.00

Liabilities and Net Assets
04-00-2000.000 Accounts Payable
04-00-2001.000 Encumbrance Payable

Page: 1

 Run: 1/10/2020 at 4:18 PM

Balance Sheet
Colorado River Water Conservation District
For 9/30/2019

Last Year
0.00
8,848.09
0.00
111,296.70
0.00
571,339.28
0.00
0.00
0.00
0.00

Change
0.00
433.84
0.00
5,457.16
0.00
44,491.76
0.00
0.00
0.00
0.00

1,011,893.26

844,984.43

166,908.83

04-00-3000.000 EXTRAORDINARY MAINTENANCE
04-00-3010.000 Net Position
Change in Net Assets

0.00
90,525,876.68
2,503,750.86

0.00
91,524,673.21
3,006,446.75

0.00
(998,796.53)
(502,695.89)

Total Liabilities and Net Assets

94,041,520.80

95,376,104.39

(1,334,583.59)

04-00-2005.000 Project Faciliation Passthrough
04-00-2011.000 FICA/Mdcr Payable
04-00-2019.000 RHS -Payable
04-00-2021.000 Accrued Vacation Payable
04-00-2101.000 Note/Contract Payable - Short Term
04-00-2110.000 Deferred Water Revenue
04-00-2120.000 Accrued Interest Payable
04-00-2201.000 N/P Cwcb - Wolford
04-00-2202.000 N/P CWCB - Elkhead
04-00-2203.000 Long Term Ruedi Contracts Payable
Total Liabilities

FOR INTERNAL USE ONLY

This Year
0.00
9,281.93
0.00
116,753.86
0.00
615,831.04
0.00
0.00
0.00
0.00

Unaudited

Page: 2

 Run: 1/10/2020 at 4:22 PM

Income Statement
Colorado River Water Conservation District
For 9/30/2019

Enterprise Fund
Revenues
4110. Investment Interest
4120. Rent & Misc. Income
4130. Management Fee
4140. Other Fees & Rec Area
4150. Project Contribution (other)
4160. Grants
4200. Elkhead OM&R Reimbursements
4201. NEPA Cost Reimbursements
4300. Joint Venture Income
4301. Sale Of Capital Asset
4303. Sale Of Water
4304. Denver Water
4305. Water Application/Change
4306. Up-Front Sale Of Water
4307. Project Contributions
4308. Federal Contributions
Total Revenues
Expenses
5000. Contingency Salaries
5001. Salaries
5004. Accrued Vacation Adjustment
5010. Accrued Vacation
5011. Fica/Medicare
5014. Unemployment
5016. Workers Compensation Insurance
5115. Disability Insurance
5118. Health Insurance
5120. Cafeteria Plan-Employer
5121. Cafeteria Plan-Administration
5122. Retirement - 457 Matching
5123. Retirement - Employer
5124. Retirement - Administration
5125. RHS- Employer Contribution
5211. Employee Housing
5212. Education Assistance
5220. Overhead-C
5310. Travel
5311. Registration
5312. Meeting Expense
5313. Travel Contingency
6000. Directors Fees
6001. Education/Professional Development
6012. Legal Notice
6013. Special Counsel
6014. Legal Engineering
6015. Legal Litigation / Adr
6016. Miscellaneous Legal/Materials
6017. Legal Contingency
6020. Washington Counsel/Lobbyist
6021. Colorado Lobbyist
6022. Education Assistance To Others
6023. External Affairs -C
6024. Education Programs
6025. Water Policy Survey
6026. Education Supplies
6102. Consultant
6103. Accounting Consultant
6104. Audit
6105. Investment/Banking Services
6110. Admin Services/Expenses-C
6150. Assessments
6200. Postage
6201. Office Supplies
6202. Telephone
6203. Printing
6204. Insurance

Unaudited

M-T-D
Actual $

Y-T-D
Actual $

Annual
Budget $

YTD %
Budget

45,366.68
4,944.92
278.42
14,497.81
0.00
9,280.82
0.00
0.00
0.00
0.00
22,100.00
0.00
400.00
0.00
10,000.00
0.00
106,868.65

344,547.45
43,896.07
2,772.68
28,774.38
0.00
32,165.81
129,055.17
0.00
0.00
0.00
1,566,056.74
3,000,000.00
4,000.00
0.00
1,486,873.65
0.00
6,638,141.95

450,500.00
58,600.00
5,000.00
45,000.00
0.00
111,655.00
129,055.17
0.00
5,000.00
0.00
1,566,057.00
3,000,000.00
5,000.00
0.00
3,548,915.00
0.00
8,924,782.17

76.48
74.91
55.45
63.94
0.00
28.81
100.00
0.00
0.00
0.00
100.00
100.00
80.00
0.00
41.90
0.00
74.38

0.00
744,827.52
0.00
0.00
53,483.67
2,120.96
8,204.14
2,764.54
95,931.93
0.00
156.25
6,820.58
74,020.83
937.50
12,119.83
375.00
456.25
0.00
30,696.85
7,016.72
2,673.73
0.00
2,668.75
2,433.78
0.00
7,593.42
1,820.35
0.00
5,484.67
0.00
3,375.00
4,124.97
2,325.00
0.00
16,154.07
7,375.00
609.52
0.00
905.62
4,725.00
55.62
489.54
49,331.69
318.70
2,081.35
6,850.81
0.00
7,113.35

0.00
810,552.82
15,000.00
0.00
57,996.61
2,459.63
5,628.42
4,020.41
128,573.63
0.00
200.00
6,820.00
79,169.25
1,250.00
18,650.00
375.00
500.00
1,250.00
48,367.00
9,083.00
5,150.00
0.00
4,500.00
3,500.00
750.00
14,250.00
6,750.00
35,000.00
6,250.00
5,000.00
4,500.00
6,000.00
3,000.00
333.00
44,346.00
7,375.00
1,875.00
0.00
1,500.00
4,725.00
150.00
2,000.00
63,725.30
300.00
3,500.00
10,500.00
0.00
7,113.00

0.00
91.89
0.00
0.00
92.22
86.23
145.76
68.76
74.61
0.00
78.13
100.01
93.50
75.00
64.99
100.00
91.25
0.00
63.47
77.25
51.92
0.00
59.31
69.54
0.00
53.29
26.97
0.00
87.75
0.00
75.00
68.75
77.50
0.00
36.43
100.00
32.51
0.00
60.37
100.00
37.08
24.48
77.41
106.23
59.47
65.25
0.00
100.00

0.00
74,224.58
0.00
0.00
4,954.65
210.63
0.00
293.72
9,822.24
0.00
17.50
60.00
7,279.28
312.50
(0.02)
0.00
18.75
0.00
2,888.40
74.09
98.37
0.00
737.50
135.75
0.00
1,313.70
0.00
0.00
717.77
0.00
375.00
458.33
0.00
0.00
3,451.38
0.00
609.52
0.00
0.00
0.00
5.50
100.56
4,650.16
5.34
200.21
773.19
0.00
0.00

Page:

1

 Run: 1/10/2020 at 4:22 PM

Income Statement
Colorado River Water Conservation District
For 9/30/2019

Enterprise Fund
6205. Records
6210. Lease Equipment
6211. Equipment Repairs
6301. Subscriptions
6302. Dues / Memberships
6310. Computer Licenses/Software & Services
6320. Small Office Equipment
6330. Utilities
6340. Vehicle Maintenance
6350. Roads/Buildings Maintences
6401. Cleaning/Janitorial
6402. Small Tools/Supplies
6403. Water System Operation
6410. Recreation Area O&M
6411. Dam/Project Maintenance
6412. Weed Control WMP
6413. Water Quality - In House
6414. USGS Gaging - Water Quality
6415. USGS Streamflow Gaging
6416. Dam & Reservoir OM&R Contingency
6417. RD Facilities OM&R
6418. Dam Deformation
6500. Bldg Construction/Remodel
6600. Bad Debt Expense
6602. Surveying & Mapping
6603. Archeology
6604. Water Marketing (Modeling)
6720. Equipment
7001. USGS Guaging
7002. Water Quality
7009. WMP Weather Station (CoAgMet)
7010. Vehicle & asset upgrades for WMP
7011. Watershed Management
7012. Ruedi Contract-(700) Capital
7013. Reudi Contract-(5,000) O&M
7014. Ruedi Contract-(530) Capital
7015. Ruedi Contract-(500) O&M
7016. Ruedi Contract-(5,000) Capital
7017. Ruedi Contract-(530) O&M
7018. Ruedi Contract-(700) O&M
7020. Hydro Plant
7021. Old Dillon Reserv. Enlargement
7022. Elkhead Dam & Reservoir Op.
7023. Elkhead Net
7100. Projects
7101. River Mou
7102. 15-Mile Reach/Recovery Program
7103. Vail Ditch
7104. WR & Project Development
7105. Op. Wetland & Other Mitigation
7106. Mitigation Maintenance
7107. Mitigation Contingency
7110. River Projects Contingency
7120. Elkhead Ops Contingency
7200. Ruedi 15 MR PBO Compliance
7201. Fisheries/Stocking
7202. Elkhead Fish Screen
7203. Annual Assessment
7204. Special Assessment
7500. Cooperative Management
7510. RCPP
7600. Technical Study - Risk Management
8000. Principal - CWCB (Elkhead)
8001. Interest - CWCB (Elkhead)
8002. Amortization Expense
9000. Acquisition
9010. Depreciation
9020. Gain/Loss Of Disposal
Total Expenses

Unaudited

M-T-D
Y-T-D
Annual
Actual $
Actual $
Budget $
11.25
56.25
100.00
202.20
2,165.73
3,000.00
0.00
0.00
0.00
69.84
465.58
900.00
0.00
5,351.50
7,550.00
1,431.75
13,229.97
17,000.00
0.00
8.12
150.00
2,176.36
19,047.21
30,000.00
2,980.92
14,553.31
17,000.00
0.00
0.00
0.00
1,265.00
4,675.00
5,700.00
728.45
19,275.04
35,000.00
3,350.00
34,479.64
40,000.00
10,230.00
55,895.93
115,000.00
168.50
714,825.83
760,000.00
0.00
49,648.90
64,264.00
0.00
0.00
0.00
11,663.14
48,115.75
78,398.00
3,552.29
14,654.82
23,878.00
0.00
0.00
50,000.00
347.75
2,020.25
65,000.00
0.00
46,867.86
110,000.00
0.00
9,531.97
16,000.00
0.00
1,672.05
1,672.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
135.98
150.00
3,250.74
19,910.76
28,351.00
0.00
457.00
500.00
0.00
2,000.00
2,000.00
0.00
0.00
5,000.00
63.20
72,693.62
134,000.00
0.00
0.00
0.00
0.00
17,650.00
17,650.00
0.00
0.00
0.00
0.00
1,765.00
1,765.00
0.00
0.00
0.00
0.00
1,870.90
1,871.00
0.00
2,471.00
2,471.00
0.00
0.00
0.00
0.00
0.00
0.00
6,498.00
51,331.44
50,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6,700.00
6,700.00
0.00
1,530.81
1,531.00
0.00
0.00
15,000.00
0.00
6,600.00
38,000.00
0.00
0.00
0.00
0.00
10,000.00
10,000.00
0.00
0.00
0.00
0.00
26,166.13
26,166.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
25,919.58
33,350.00
0.00
0.00
0.00
21,164.41
233,651.52
255,000.00
77,819.74 1,313,039.49 3,245,859.00
2,985.60
115,514.64
175,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 1,000,000.00
0.00
0.00
0.00
263,747.74 4,134,391.09 7,922,964.07

YTD %
Budget
56.25
72.19
0.00
51.73
70.88
77.82
5.41
63.49
85.61
0.00
82.02
55.07
86.20
48.61
94.06
77.26
0.00
61.37
61.37
0.00
3.11
42.61
59.57
100.00
0.00
0.00
0.00
90.65
70.23
91.40
100.00
0.00
54.25
0.00
100.00
0.00
100.00
0.00
99.99
100.00
0.00
0.00
102.66
0.00
0.00
0.00
0.00
100.00
99.99
0.00
17.37
0.00
100.00
0.00
100.00
0.00
0.00
77.72
0.00
91.63
40.45
66.01
0.00
0.00
0.00
0.00
0.00
0.00
52.18

Page:

2

 Run: 1/10/2020 at 4:22 PM

Income Statement
Colorado River Water Conservation District
For 9/30/2019

Enterprise Fund
Excess Revenue Over (Under) Expenditures

M-T-D
Actual $

Y-T-D
Actual $

Unaudited

Annual
Budget $

YTD %
Budget

(156,879.09) 2,503,750.86 1,001,818.10

249.92

Page:

3

 Run: 1/10/2020 at 4:22 PM

Balance Sheet
Colorado River Water Conservation District
For 10/31/2019

04 Enterprise Fund
Assets
04-00-1000.000 Cash Box
04-00-1001.000 Peaks - ENT
04-00-1002.000 Petty Cash
04-00-1003.000 Cash In Bank-BoC -Checking
04-00-1004.000 Alpine Bank
04-00-1009.000 Undeposited Fund
04-00-1010.000 Wells Fargo /Colotrust -0100
04-00-1011.000 CSAFE - 5603 - Elkhead Escrow
04-00-1012.000 Csafe-5601
04-00-1013.000 Aim-0045
04-00-1014.000 RESTRICTED CWCB/ELKHEAD
PAYMENT
04-00-1015.000 Enterprise ColoTrust Prime
04-00-1016.000 Us Bank Money Market
04-00-1017.000 Enterprise ColoTrust Plus
04-00-1020.000 Investments-All
04-00-1021.000 Allowance For Investments+04-00-1022.000 Accum Amortization Investments
04-00-1023.000 Accrued Interest
04-00-1200.000 Accounts Receivable
04-00-1205.000 Housing Notes Receivable
04-00-1206.000 Deferred Revenue
04-00-1225.000 Allowance Housing Forgiveness
04-00-1300.000 Prepaid Expenses
04-00-1400.000 ST Invest In Sales-Type Lease
04-00-1401.000 LT Investment Sales-Type Lease
04-00-1500.000 Land
04-00-1501.000 Vehicles
04-00-1502.000 Dam Projects
04-00-1503.000 Recreation Area
04-00-1504.000 Equipment
04-00-1505.000 Reservoir Co Stock
04-00-1506.000 Computer Equipment
04-00-1507.000 Office Building
04-00-1508.000 Software/Upgrade
04-00-1509.000 Equipment/Tools
04-00-1510.000 GWS Office Building
04-00-1511.000 Water Treatment Plant
04-00-1520.000 Construction In Progress
04-00-1599.000 Assets in Fixed Assets Fund
04-00-1601.000 A/D-Vehicles
04-00-1602.000 A/D-Dam Project
04-00-1603.000 A/D-Recreation Area
04-00-1604.000 A/D-Furniture & Fixtures
04-00-1605.000 A/D-Office Equipment
04-00-1606.000 A/D-Computer Equipment
04-00-1607.000 A/D-Office Building
04-00-1608.000 A/D-Software/Upgrade
04-00-1609.000 A/D-Equipment/Tools
04-00-1610.000 A/D-GWS Office Building
04-00-1611.000 A/D-Water Treatment Plant
04-00-1620.000 Accumulated Depreciation
04-00-1700.000 Reservoir Company Stock
04-00-1800.000 Ruedi Reservoir CA03053 (5000 AF)
04-00-1801.000 Ruedi Reservoir CA00034 (500AF)
04-00-1802.000 Ruedi Reservoir CA00036 (700AF)
04-00-1803.000 Ruedi Reservoir CA02027 (530AF)
04-01-1990.000 Internal Balances
04-06-1501.001 WMP Vehicles
Total Assets

Unaudited

This Year

Last Year

Change

200.00
253,421.10
1,077.96
5,392,150.57
0.00
0.00
0.00
0.00
3,200,970.12
0.00
0.00

200.00
51,325.42
1,928.12
3,424,504.96
0.00
0.00
0.00
0.00
3,125,133.81
0.00
0.00

0.00
202,095.68
(850.16)
1,967,645.61
0.00
0.00
0.00
0.00
75,836.31
0.00
0.00

2,900,157.07
0.00
3,149,444.86
13,532,083.50
(343,002.94)
2,856.75
193,569.34
217,177.40
80,647.51
(3,252.23)
(49,642.66)
0.00
2,761,482.50
1,451,027.94
3,091,477.22
237,079.86
65,480,581.78
1,151,704.49
181,383.34
2,589,382.67
13,166.74
1,499,009.77
0.00
0.00
0.00
0.00
0.00
0.00
(181,271.71)
(14,244,245.49)
(549,388.85)
(80,958.03)
(9,271.00)
(9,832.07)
(307,702.17)
0.00
0.00
(19,401.00)
(13,724.12)
(921,910.26)
0.00
2,905,136.00
104,896.40
146,854.96
184,830.76
306.13
6.22

2,837,365.28
0.00
3,074,029.10
14,072,083.50
(279,875.21)
2,609.86
278,928.05
174,595.13
107,010.51
(3,936.92)
(52,007.66)
0.00
2,584,111.51
4,212,510.43
3,091,477.22
237,079.86
64,906,989.74
1,151,704.49
181,383.34
2,527,344.30
13,166.74
1,499,009.77
0.00
0.00
0.00
0.00
0.00
0.00
(159,667.13)
(13,349,350.88)
(513,317.83)
(77,672.67)
(9,271.00)
(9,073.07)
(264,823.01)
0.00
0.00
(19,401.00)
(13,724.12)
(921,910.26)
0.00
3,128,608.00
119,881.60
167,834.24
204,286.64
(121,339.02)
6.22

62,791.79
0.00
75,415.76
(540,000.00)
(63,127.73)
246.89
(85,358.71)
42,582.27
(26,363.00)
684.69
2,365.00
0.00
177,370.99
(2,761,482.49)
0.00
0.00
573,592.04
0.00
0.00
62,038.37
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(21,604.58)
(894,894.61)
(36,071.02)
(3,285.36)
0.00
(759.00)
(42,879.16)
0.00
0.00
0.00
0.00
0.00
0.00
(223,472.00)
(14,985.20)
(20,979.28)
(19,455.88)
121,645.15
0.00

93,988,480.43

95,379,738.06

(1,391,257.63)

148,836.82
0.00

122,001.43
0.00

26,835.39
0.00

Liabilities and Net Assets
04-00-2000.000 Accounts Payable
04-00-2001.000 Encumbrance Payable

Page: 1

 Run: 1/10/2020 at 4:22 PM

Balance Sheet
Colorado River Water Conservation District
For 10/31/2019

Unaudited

This Year
0.00
9,281.93
0.00
116,753.86
0.00
615,831.04
0.00
0.00
0.00
0.00

Last Year
0.00
8,848.09
0.00
111,296.70
0.00
571,339.28
0.00
0.00
0.00
0.00

Change
0.00
433.84
0.00
5,457.16
0.00
44,491.76
0.00
0.00
0.00
0.00

890,703.65

813,485.50

77,218.15

04-00-3000.000 EXTRAORDINARY MAINTENANCE
04-00-3010.000 Net Position
Change in Net Assets

0.00
90,525,876.68
2,571,900.10

0.00
91,524,673.21
3,041,579.35

0.00
(998,796.53)
(469,679.25)

Total Liabilities and Net Assets

93,988,480.43

95,379,738.06

(1,391,257.63)

04-00-2005.000 Project Faciliation Passthrough
04-00-2011.000 FICA/Mdcr Payable
04-00-2019.000 RHS -Payable
04-00-2021.000 Accrued Vacation Payable
04-00-2101.000 Note/Contract Payable - Short Term
04-00-2110.000 Deferred Water Revenue
04-00-2120.000 Accrued Interest Payable
04-00-2201.000 N/P Cwcb - Wolford
04-00-2202.000 N/P CWCB - Elkhead
04-00-2203.000 Long Term Ruedi Contracts Payable
Total Liabilities

FOR INTERNAL USE ONLY

Page: 2

 Run: 1/10/2020 at 4:22 PM

Income Statement
Colorado River Water Conservation District
For 10/31/2019

Enterprise Fund
Revenues
4110. Investment Interest
4120. Rent & Misc. Income
4130. Management Fee
4140. Other Fees & Rec Area
4150. Project Contribution (other)
4160. Grants
4200. Elkhead OM&R Reimbursements
4201. NEPA Cost Reimbursements
4300. Joint Venture Income
4301. Sale Of Capital Asset
4303. Sale Of Water
4304. Denver Water
4305. Water Application/Change
4306. Up-Front Sale Of Water
4307. Project Contributions
4308. Federal Contributions
Total Revenues
Expenses
5000. Contingency Salaries
5001. Salaries
5004. Accrued Vacation Adjustment
5010. Accrued Vacation
5011. Fica/Medicare
5014. Unemployment
5016. Workers Compensation Insurance
5115. Disability Insurance
5118. Health Insurance
5120. Cafeteria Plan-Employer
5121. Cafeteria Plan-Administration
5122. Retirement - 457 Matching
5123. Retirement - Employer
5124. Retirement - Administration
5125. RHS- Employer Contribution
5211. Employee Housing
5212. Education Assistance
5220. Overhead-C
5310. Travel
5311. Registration
5312. Meeting Expense
5313. Travel Contingency
6000. Directors Fees
6001. Education/Professional Development
6012. Legal Notice
6013. Special Counsel
6014. Legal Engineering
6015. Legal Litigation / Adr
6016. Miscellaneous Legal/Materials
6017. Legal Contingency
6020. Washington Counsel/Lobbyist
6021. Colorado Lobbyist
6022. Education Assistance To Others
6023. External Affairs -C
6024. Education Programs
6025. Water Policy Survey
6026. Education Supplies
6102. Consultant
6103. Accounting Consultant
6104. Audit
6105. Investment/Banking Services
6110. Admin Services/Expenses-C
6150. Assessments
6200. Postage
6201. Office Supplies
6202. Telephone
6203. Printing
6204. Insurance

Unaudited

M-T-D
Actual $

Y-T-D
Actual $

Annual
Budget $

YTD %
Budget

50,355.64
4,857.42
0.00
16,701.60
0.00
0.00
0.00
0.00
0.00
0.00
74,800.00
0.00
400.00
0.00
77,397.26
0.00
224,511.92

394,903.09
48,753.49
2,772.68
45,475.98
0.00
32,165.81
129,055.17
0.00
0.00
0.00
1,640,856.74
3,000,000.00
4,400.00
0.00
1,564,270.91
0.00
6,862,653.87

450,500.00
58,600.00
5,000.00
45,000.00
0.00
111,655.00
129,055.17
0.00
5,000.00
0.00
1,566,057.00
3,000,000.00
5,000.00
0.00
3,548,915.00
0.00
8,924,782.17

87.66
83.20
55.45
101.06
0.00
28.81
100.00
0.00
0.00
0.00
104.78
100.00
88.00
0.00
44.08
0.00
76.89

0.00
816,391.67
0.00
0.00
57,995.41
2,322.45
8,204.14
3,058.26
105,754.17
0.00
173.75
6,880.24
81,036.97
937.50
12,119.84
375.00
456.25
0.00
33,065.27
7,544.22
2,946.83
0.00
2,668.75
2,433.78
86.56
9,394.09
1,820.35
5,472.00
6,056.49
0.00
3,750.00
4,583.30
2,491.25
0.00
16,346.24
7,375.00
1,515.95
0.00
1,102.49
4,725.00
61.18
1,248.91
53,981.85
371.74
2,302.94
7,588.99
0.00
7,067.24

0.00
810,552.82
15,000.00
0.00
57,996.61
2,459.63
5,628.42
4,020.41
128,573.63
0.00
200.00
6,820.00
79,169.25
1,250.00
18,650.00
375.00
500.00
1,250.00
48,367.00
9,083.00
5,150.00
0.00
4,500.00
3,500.00
750.00
14,250.00
6,750.00
35,000.00
6,250.00
5,000.00
4,500.00
6,000.00
3,000.00
333.00
44,346.00
7,375.00
1,875.00
0.00
1,500.00
4,725.00
150.00
2,000.00
63,725.30
300.00
3,500.00
10,500.00
0.00
7,113.00

0.00
100.72
0.00
0.00
100.00
94.42
145.76
76.07
82.25
0.00
86.88
100.88
102.36
75.00
64.99
100.00
91.25
0.00
68.36
83.06
57.22
0.00
59.31
69.54
11.54
65.92
26.97
15.63
96.90
0.00
83.33
76.39
83.04
0.00
36.86
100.00
80.85
0.00
73.50
100.00
40.79
62.45
84.71
123.91
65.80
72.28
0.00
99.36

0.00
71,564.15
0.00
0.00
4,511.74
201.49
0.00
293.72
9,822.24
0.00
17.50
59.66
7,016.14
0.00
0.01
0.00
0.00
0.00
2,368.42
527.50
273.10
0.00
0.00
0.00
86.56
1,800.67
0.00
5,472.00
571.82
0.00
375.00
458.33
166.25
0.00
192.17
0.00
906.43
0.00
196.87
0.00
5.56
759.37
4,650.16
53.04
221.59
738.18
0.00
(46.11)

Page:

1

 Run: 1/10/2020 at 4:22 PM

Income Statement
Colorado River Water Conservation District
For 10/31/2019

Enterprise Fund
6205. Records
6210. Lease Equipment
6211. Equipment Repairs
6301. Subscriptions
6302. Dues / Memberships
6310. Computer Licenses/Software & Services
6320. Small Office Equipment
6330. Utilities
6340. Vehicle Maintenance
6350. Roads/Buildings Maintences
6401. Cleaning/Janitorial
6402. Small Tools/Supplies
6403. Water System Operation
6410. Recreation Area O&M
6411. Dam/Project Maintenance
6412. Weed Control WMP
6413. Water Quality - In House
6414. USGS Gaging - Water Quality
6415. USGS Streamflow Gaging
6416. Dam & Reservoir OM&R Contingency
6417. RD Facilities OM&R
6418. Dam Deformation
6500. Bldg Construction/Remodel
6600. Bad Debt Expense
6602. Surveying & Mapping
6603. Archeology
6604. Water Marketing (Modeling)
6720. Equipment
7001. USGS Guaging
7002. Water Quality
7009. WMP Weather Station (CoAgMet)
7010. Vehicle & asset upgrades for WMP
7011. Watershed Management
7012. Ruedi Contract-(700) Capital
7013. Reudi Contract-(5,000) O&M
7014. Ruedi Contract-(530) Capital
7015. Ruedi Contract-(500) O&M
7016. Ruedi Contract-(5,000) Capital
7017. Ruedi Contract-(530) O&M
7018. Ruedi Contract-(700) O&M
7020. Hydro Plant
7021. Old Dillon Reserv. Enlargement
7022. Elkhead Dam & Reservoir Op.
7023. Elkhead Net
7100. Projects
7101. River Mou
7102. 15-Mile Reach/Recovery Program
7103. Vail Ditch
7104. WR & Project Development
7105. Op. Wetland & Other Mitigation
7106. Mitigation Maintenance
7107. Mitigation Contingency
7110. River Projects Contingency
7120. Elkhead Ops Contingency
7200. Ruedi 15 MR PBO Compliance
7201. Fisheries/Stocking
7202. Elkhead Fish Screen
7203. Annual Assessment
7204. Special Assessment
7500. Cooperative Management
7510. RCPP
7600. Technical Study - Risk Management
8000. Principal - CWCB (Elkhead)
8001. Interest - CWCB (Elkhead)
8002. Amortization Expense
9000. Acquisition
9010. Depreciation
9020. Gain/Loss Of Disposal
Total Expenses

Unaudited

M-T-D
Y-T-D
Annual
Actual $
Actual $
Budget $
22.50
78.75
100.00
162.46
2,328.19
3,000.00
0.00
0.00
0.00
52.25
517.83
900.00
128.75
5,480.25
7,550.00
1,766.22
14,996.19
17,000.00
29.54
37.66
150.00
1,848.04
20,895.25
30,000.00
1,448.58
16,001.89
17,000.00
0.00
0.00
0.00
560.00
5,235.00
5,700.00
523.26
19,798.30
35,000.00
670.00
35,149.64
40,000.00
6,952.55
62,848.48
115,000.00
4,138.08
718,963.91
760,000.00
0.00
49,648.90
64,264.00
0.00
0.00
0.00
0.00
48,115.75
78,398.00
0.00
14,654.82
23,878.00
0.00
0.00
50,000.00
1,164.92
3,185.17
65,000.00
8,439.88
55,307.74
110,000.00
0.00
9,531.97
16,000.00
0.00
1,672.05
1,672.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
135.98
150.00
0.00
19,910.76
28,351.00
0.00
457.00
500.00
0.00
2,000.00
2,000.00
0.00
0.00
5,000.00
63.46
72,757.08
134,000.00
0.00
0.00
0.00
0.00
17,650.00
17,650.00
0.00
0.00
0.00
0.00
1,765.00
1,765.00
0.00
0.00
0.00
0.00
1,870.90
1,871.00
0.00
2,471.00
2,471.00
0.00
0.00
0.00
0.00
0.00
0.00
1,107.17
52,438.61
50,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6,700.00
6,700.00
0.00
1,530.81
1,531.00
0.00
0.00
15,000.00
0.00
6,600.00
38,000.00
0.00
0.00
0.00
0.00
10,000.00
10,000.00
0.00
0.00
0.00
0.00
26,166.13
26,166.00
0.00
0.00
0.00
0.00
0.00
0.00
8,260.99
34,180.57
33,350.00
0.00
0.00
0.00
5,428.83
239,080.35
255,000.00
331.64 1,313,371.13 3,245,859.00
0.00
115,514.64
175,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 1,000,000.00
0.00
0.00
0.00
156,362.68 4,290,753.77 7,922,964.07

YTD %
Budget
78.75
77.61
0.00
57.54
72.59
88.21
25.11
69.65
94.13
0.00
91.84
56.57
87.87
54.65
94.60
77.26
0.00
61.37
61.37
0.00
4.90
50.28
59.57
100.00
0.00
0.00
0.00
90.65
70.23
91.40
100.00
0.00
54.30
0.00
100.00
0.00
100.00
0.00
99.99
100.00
0.00
0.00
104.88
0.00
0.00
0.00
0.00
100.00
99.99
0.00
17.37
0.00
100.00
0.00
100.00
0.00
0.00
102.49
0.00
93.76
40.46
66.01
0.00
0.00
0.00
0.00
0.00
0.00
54.16

Page:

2

 Run: 1/10/2020 at 4:22 PM

Income Statement
Colorado River Water Conservation District
For 10/31/2019

Enterprise Fund
Excess Revenue Over (Under) Expenditures

M-T-D
Actual $

Y-T-D
Actual $

Unaudited

Annual
Budget $

YTD %
Budget

68,149.24 2,571,900.10 1,001,818.10

256.72

Page:

3

 Colorado River Water Conservation District
Check Register from 9/01/2019 to 10/31/2019
2 ENT - BOC
Check/EFT

Date

Vendor / Description

Check / Payment

Report Criteria... 1/10/2020 @ 3:58 PM
Form:
Sort by
activity dates:
0996662

Check Register - Check Register
ActivityDate
From: 9/01/2019 To: 10/31/2019
9/04/2019 [BAY VALVE] BAY VALVE SERVICE,

Task #1 - $1,750..

0996663

9/04/2019 [GRANDP] GRAND POWER

Hand dryer in day use restroom

0996664

9/04/2019 [JUB] JUB ENGINEERS, INC.

Task 30 CM - West Lateral Phas

1,711.76

0996665
0996666
0996667
0996668
0996669
0996678
EFT1433841
0996679

[NAWC] NORTH AMERICAN
[NWSPLY] NORTHWEST RANCH
[PARTS] PARTS CITY AUTO
[TWORIV] TWO RIVERS PARK
[YVEA] YAMPA VALLEY ELECTRIC
[WASTEMGT] WASTE
[CENLINK] CENTURYLINK
[WOLFCAMP] WOLFORD

285.00

July ANS

4,000.00
344.56
7.98
2,918.27
158.00
293.92
161.19
8,000.00

0996677

9/11/2019 [RENEGADE] RENEGADE OFF

2014 F-150 REPAIR

1,318.58

0996676
0996674

9/11/2019 [MTNPKS] MOUNTAIN PARKS
9/11/2019 [EES] ENVIRONMENTAL

DOWNHOLE CAMERA RENTAL

2,234.37
421.35

0996675

9/11/2019 [MARINE] MARINE DIVING

Removal, water blasting, epoxy

61,500.00

0996672

9/11/2019 [DEZURIK] DEZURIK, INC

30" BUTTERFLY VALVE WOLFORD

30,757.00

0996671

9/11/2019 [CROWLEY] CROWLEY MARINE

Oil for patrol boat

0996670
0996673

9/11/2019 [BUCKEYE] BUCKEYE WELDING
9/11/2019 [ECORXINC] ECO-RX, INC

Weed treatment

26.00
25,385.35

EFT0242045
0996680

9/12/2019 [VERIZON] VERIZON WIRELESS
9/18/2019 [BOSTWICK] BOSTWICK PARK

Reimbursement Req #9

39.02
31,220.76

0996681

9/18/2019 [FMCRC] FIRE MOUNTAIN CANAL &

Reimb Req #6

0996682
0996683

9/18/2019 [HYDROS] HYDROS CONSULTING
9/18/2019 [JUB] JUB ENGINEERS, INC.

Task 30 'CM - West Lateral Pha

0996684
0996685

9/18/2019 [KTOWN] K-TOWN CARQUEST
9/18/2019 [KLEENW] KLEEN AS A WHISTLE

August - x4

0996686
0996687

9/18/2019 [RAINDROP] RAINDROP WATER
9/18/2019 [RENEGADE] RENEGADE OFF

F150 rear pinion seal

0996688
0996694

9/25/2019 [GRANDINT] GRAND COUNTY
10/02/2019 [YVEA] YAMPA VALLEY ELECTRIC

8/12-9-12

0996693

10/02/2019 [TWORIV] TWO RIVERS PARK

October

0996692

10/02/2019 [RIGNET] RIGNET

August

0996690

10/02/2019 [COLORIV] COLORADO RIVER

0996689

10/02/2019 [BBC] BBC RESEARCH &

0996691

10/02/2019 [GRANDP] GRAND POWER

New lights in storage loft and

10/08/2019 [CENLINK] CENTURYLINK
10/09/2019 [WOLFCAMP] WOLFORD

Aug ANS

0996695

10/09/2019 [ALPMTR] ALPINE MOTOR SPORTS

Ranger service and new roof

0996696
0996697
0996698

10/09/2019 [BUCKEYE] BUCKEYE WELDING
10/09/2019 [CCDC] CRAWFORD CLIPPER
10/09/2019 [KLEENW] KLEEN AS A WHISTLE

0996699
0996700

10/09/2019 [MTNPKS] MOUNTAIN PARKS
10/09/2019 [NWSPLY] NORTHWEST RANCH

EFT1434333
0996705

9/04/2019
9/04/2019
9/04/2019
9/04/2019
9/04/2019
9/09/2019
9/09/2019
9/11/2019

4,210.00

178.00

312,500.29
15,571.00
4,348.71
29.94
880.00
5,025.00
262.38
40.00
142.00
2,918.27
63.20
7,819.00
74,526.01

Strip, clean & wax tiles

800.00
160.75
8,000.00
422.87
26.00
3,760.00
945.00
1,722.55
583.45

 Colorado River Water Conservation District
Check Register from 9/01/2019 to 10/31/2019
2 ENT - BOC
Check/EFT

Date

Vendor / Description

Check / Payment

0996701
0996702

10/09/2019 [SGM] SCHMUESER, GORDON,
10/09/2019 [TOWER] THE TOWER COMPANY,

Vacuum Breaker (x3) and 3/8 Ba

6,356.00
268.50

0996703

10/09/2019 [USGS] DOI - USGS

W&S - Flushing Flow Study #2..

4,001.93

0996704
EFT0242045
0996714

10/09/2019 [WASTEMGT] WASTE
10/15/2019 [VERIZON] VERIZON WIRELESS
10/17/2019 [RIGNET] RIGNET

September

0996713

10/17/2019 [RENEGADE] RENEGADE OFF

Tundra oil change

0996712

10/17/2019 [RAINDROP] RAINDROP WATER

September water haul

3,350.00

0996711

10/17/2019 [PROVIDENCE] PROVIDENCE

Kasco 4400HD100 Deicers

1,403.23

0996706

10/17/2019 [ALPMTR] ALPINE MOTOR SPORTS

Oil change on Artic Cat ATV

0996709
0996708
0996707
0996710
0996715
0996716
0996720

10/17/2019
10/17/2019
10/17/2019
10/17/2019
10/23/2019
10/23/2019
10/30/2019

0996719
0996721

10/30/2019 [GRANDP] GRAND POWER
10/30/2019 [RENEGADE] RENEGADE OFF

Compressor service

0996717
0996718

10/30/2019 [BBC] BBC RESEARCH &
10/30/2019 [GTG] GOOD TO GO

Pump vault x 5 - add water

0996722

10/30/2019 [TWORIV] TWO RIVERS PARK

November

[HYDROS] HYDROS CONSULTING
[COLORIV] COLORADO RIVER
[APPLEGATE] APPLEGATE GROUP,
[IPC] INDEPENDENT PROPANE
[GRANDINT] GRAND COUNTY
[PARTS] PARTS CITY AUTO
[JUB] JUB ENGINEERS, INC.

Task 50 'Water Admin'

Total Checks:

295.58
39.02
63.20
50.14

151.59
2,985.60
1,019.49
1,449.97
118.23
40.00
167.76
367.48
550.00
74.45
16,028.07
1,750.00
2,918.27
659,166.04

 6. Confirmation of Assistant
Secretary

NO MATERIAL AVAILABLE

7. General Counsel’s Report 
Confidential Memo –  
January 2020 
 
 
NO MATERIAL AVAILABLE 
 
 

 

 8. Public Comment

(not limited to legal matters)

NO MATERIAL AVAILABLE

GO BACK

COLORADO RIVER DISTRICT

PROTECTING WESTERN COLORADO WATER SINCE 1937

ATTORNEY REPORT
JOINT QUARTERLY MEETING
GENERAL and ENTERPRISE
January 2020

TO:

CRWCD BOARD OF DIRECTORS

FROM:

PETER C. FLEMING, GENERAL COUNSEL
JASON V. TURNER, SENIOR COUNSEL

Dear Directors:
This report identifies matters for discussion at the January 21-22, 2020, joint quarterly
meeting of the River District and its Enterprise. A separate Confidential Report addresses
confidential matters. The information in this report is current as of January 9, 2020 and will be
supplemented as necessary before or at the Board meeting.

I. EXECUTIVE SESSION.
The following is a list of matters that qualify for discussion in executive session pursuant
to C.R.S. §§ 24-6-402(4)(b) and (e).

A
B.
C.
D.
E.
F.
G.

Wolford Mountain Reservoir and Ritschard Dam Operations (an Enterprise Matter).
CRCA Implementation Matters.
Upper Colorado River Wild and Scenic Alternative Management Plan.
Colorado River District Conditional Water Rights.
Application of the United States of America for the Taylor Park Reservoir Refill
Right/Exchange, Case No. l 1CW3 l, Water Division 4.
Colorado River Compact, Interstate, International, and Intrastate Negotiation Matters,
including Demand Management.
Fair Campaign Practices Act.

II. GENERALMATTERS.
A.

Fair Campaign Practices Act.

\. 970 .945.8522

9 20 1 Centennia l Street I P O Box 1120
Glenwood Springs , CO 81602

(@ ColoradoRiverDistrict.org

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 2 OF 12

Update only. Strategic Initiative: 1 (outreach and advocacy) and 12 (financial
sustainability).
Election season will arrive soon. It is possible that the River District may take positions on
ballot issues and possible that the River District may submit a ballot question itself. The
confidential report contains a brief summary of the requirements of the Fair Campaign Practices
Act as it relates to possible election/ballot issues or questions.
We recommend that the Board discuss this subject in executive session.
B.

Approval of Special Counsel Rate Increases.

We propose that the Board approve the 2020 rates for special counsel. Strategic Initiative:
12A (financial stability).
The River District uses special counsel for various legal matters. The River District’s
special counsel policy requires that the Board approve all special counsel and rate increases for
special counsel. We have received new rate schedules for 2020 for some of the River District’s
approved special counsel.
Karl Kumli of Dietz and Davis, P.C., has proposed an increase of $15 per hour to $335.00
per hour. The last time Mr. Kumli raised his rate was in 2018. Shoshana Rosenthal of Karp Neu
Hanlon, P.C. will increase her rate to $210.00 per hour. All other attorneys at that firm that
regularly work on River District matters will remain at $235.00 per hour for River District work.
Graham Gilbert of the law firm Snell & Wilmer, LLP has proposed an increase of $10 per hour to
$300 per hour. To date, Mr. Gilbert’s fees have been split equally between the River District and
the Upper Yampa District for his work on the Water Horse Resources Project in Utah.
Considering our special counsels’ expertise and the current legal market we believe that these
increases are reasonable.
We request that the Board approve the 2020 rates for Special Counsel.
C.

General Counsel’s 2020 Goals and Objectives.

No action requested. Strategic Initiatives are identified in the individual goals and
objectives.
I have set forth below a proposed list of General Counsel Goals and Objectives for 2020
based on the Board’s input from its annual General Counsel evaluation and review at the October
2019 quarterly meeting, as well as subsequent developments.
1.
Continue Implementation of the Colorado River Cooperative Agreement (CRCA).
Strategic Initiatives: 5A (Shoshone Permanency), 5C (River District’s TMD policy), and 7D
(alternative funding for water infrastructure).
a.

Work with other Blue River Decree parties to push for successful
adjudication of the Green Mountain Reservoir Administrative Protocol.

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 3 OF 12

b.

Negotiate and recommend to the River District potential amendments to the
CRCA to address relatively minor technical issues, as well as potential
substantive matters that may warrant revision.

c.

Provide leadership on the West Slope investigation contemplated by the
CRCA to fully explore all methods to preserve the Shoshone Call Flows.

d.

Convene and implement the West Slope Fund Management Committee to
manage the investments and disbursement criteria for income to the West
Slope Fund.

2.
Work to ensure satisfactory implementation of actions contemplated by the Windy
Gap Firming Project IGA. Strategic Initiatives: 5C (River District’s TMD policy), 8E (consistent
with IBCC Conceptual Framework), 9A (wise and efficient use of Colorado’s water resources).
a.

Work with Northern Water’s Municipal Subdistrict to amend the Windy
Gap Water Rights to incorporate the terms of the IGA.

b.

Work with all stakeholders to secure funding and authorizations necessary
to implement the Windy Gap Connectivity Channel in a manner that
protects overall West Slope interests and is consistent with applicable law.

c.

Support permits for the Windy Gap Firming Project as necessary to secure
and protect the West Slope’s interests in the WGFP IGA.

3.
Assist staff on development of a strategic water rights development plan. Strategic
Initiatives: 2A (outreach to assist constituents in consumptive and non-consumptive water needs),
3A (increase local storage), 4A (full use for benefit of River District’s inhabitants without
overdevelopment), and 7B (use of River District’s conditional rights to meet identified needs).
a.

Advise River District staff and Board on legal strategy regarding
development of River District’s conditional water rights.

b.

Assist staff’s refinement of strategic plan on development of conditional
water rights.

4.
Advise staff and Board on all legal matters related to Wolford Mountain Reservoir
and Ritschard Dam. Strategic Initiatives: 12A (financial stability) and 13 (asset management).
a.

Proactively address risk management and consultant contract matters
related to dam settlement and embankment issues, and other operational and
maintenance matters.

b.

Advise staff and Board on legal matters related to the upcoming transfer of
forty-percent interest in Wolford Mountain Reservoir and Ritschard Dam to
Denver Water by helping the Board and staff prepare for the orderly transfer
of an ownership interest to Denver Water and proactively assisting staff to
plan for a collaborative future ownership relationship with Denver.

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 4 OF 12

5.
Work with River District technical and external affairs staff to increase overall
River District presence and outreach in Water Divisions 4 and 6. Strategic Initiatives: 1C (inform
community leaders on water matters), 1E (outreach), 2A (assist constituents with water needs), 2B
(partnerships with local constituents), 6.D (agricultural water use).
a.

Participate in meetings in those locations and assist River District
constituents on matters such as re-authorization of the 1975 Taylor Park
Reservoir Exchange Agreement and renegotiation of the stipulation and
decree in Taylor Park Reservoir exchange decree in Case No. 11CW31.

b.

Engage with water users such as the UVWUA on demand management,
provide input to RBWCD concerning the proposed Wolf Creek Reservoir,
and other White River Basin water matters.

c.

Protect interests of River District constituents related to water rights
administration and instream flows. Provide leadership on resolution of the
instream flows v. pre-existing uses dispute (CRS Section 37-92-102(3)(b))
by advising the Board and staff with respect to a legislative solution and, if
necessary, potential litigation.

6.
Advise the River District Board, and work closely with River District staff and
other entities (including the State of Colorado and the Upper Colorado River Commission), on
matters related to the Drought Contingency Plan, and renegotiation of the 2007 Interim Guidelines.
Advise the River District Board and staff on Water Bank Work-Group tasks and contracts, and
implementation of the State Water Plan. Maintain and protect the River District’s positions
regarding the development and implementation of a possible Colorado River basin demand
management program. Strategic Initiatives: 3 (hydrologic uncertainty), 4 (Colorado River
supplies), 5 (TMDs), 6 (agricultural water use).
a.

Expand knowledge, participation, and advice to the Board on interstate
compact matters and other matters related to interstate Colorado River
negotiations.

b.

Related to these items, advise the River District on the potential scope and
extent of State Engineer rules and regulations related to the 1922 and 1948
Colorado River Compacts.

c.

Protect the West Slope’s interests by helping the River District proceed with
caution on matters related to demand management as it impacts West Slope
agriculture.

7.
Assist River District technical staff and advise the Board on negotiations related to
implementation of the Eagle River MOU. Strategic Initiatives: 4A (full use without risk of
overdevelopment), 5 (TMDs), 7 (project development), and 9 (wise and efficient use of water).

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 5 OF 12

8.
Provide leadership and assist River District staff on implementation of RCPP
Grants, including the Gunnison Basin Projects. Strategic Initiatives: 2 (outreach), 3D (costeffective water efficiency), 7D (aging infrastructure), 9A (efficient water use), 10B (water quality).
9.
Provide leadership and assist River District staff on achieving a resolution of the
pending Colorado Springs Blue River System diligence case that provides the best possible result
for the River District and its West Slope constituents. Strategic Initiatives: 5.C (transmountain
diversions).
The above list should not necessarily be interpreted as a “priority” list for legal staff. There
are numerous ongoing tasks and activities that command legal staff’s time on an ongoing basis.
Often, those items (such as the day-to-day litigation of water court cases, assisting staff on
legislative matters, etc.) require substantial attention from legal staff. In addition, it should be
anticipated that the goals and objectives may change throughout the year as priorities shift due to
unforeseen circumstances or actions by others. Finally, it is possible that in some cases, General
Counsel’s goals and objectives should be discussed with the Board in executive session, if
necessary, to protect the confidentiality of attorney-client communications and matters subject to
negotiation.
III. RIVER DISTRICT WATER MATTERS.
A.

Wolford Mountain Reservoir and Ritschard Dam Operations (an Enterprise Matter.)
Update only. Strategic Initiatives: 12 (Financial Sustainability) and 13 (Asset
Management).

River District technical and legal staff continue to meet periodically with Denver Water
regarding the upcoming termination of Denver Water’s lease of 15,000 acre feet at Wolford
Mountain Reservoir and related matters, including the settlement of Ritschard Dam. Following
the lease termination, the River District will be required to convey to Denver a 40% ownership
interest in the reservoir.
This matter is discussed in the Confidential Report. The Board may wish to discuss this
matter in executive session.
B.

Colorado River Cooperative Agreement – Implementation Issues.

We may request Board action on matters related to the Shoshone Permanency
investigations following discussion in executive session. Strategic Initiatives: 5A (Shoshone
permanency), 5C (transmountain diversions), and 9A (wise and efficient water use).
1.
Denver Water v. Boulder County, Case No. 19CV30350, District Court, Boulder
County (re: 1041 Regulations).
This litigation concerns Denver’s argument that the construction of its Gross Reservoir
Enlargement Project (located in Boulder County) is exempt from Boulder County’s 1041
permitting process. We have been monitoring the litigation because a number of West Slope
“CRCA benefits” are triggered upon Denver’s acceptance of permits for the construction of its

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 6 OF 12

Gross Reservoir Enlargement Project. In addition, Denver’s argument could be viewed as a broad
challenge to counties’ 1041 permitting authority.
The Boulder County District Court entered a ruling on December 27th that Denver’s
proposed Gross Reservoir Enlargement Project is not exempt from Boulder County’s 1041 Permit
process. Denver had sued Boulder County, alleging that the Gross Reservoir Enlargement Project
is exempt from the County’s 1041 permit process under the “zoned land exemption” of the 1041
statute. That exemption provides that any development or activity on land which, as of the 1041
Act’s effective date (May 17, 1974), “has been zoned by the appropriate local government for the
use contemplated by such development or activity” does not require a 1041 permit. Denver argues
that Gross Reservoir was located within the County’s zoned flood regulatory area, where “utility
facilities such as dams… shall be permitted” prior to the 1974 effective date of the 1041 law, and
therefore, the Gross Reservoir Enlargement Project does not require a 1041 permit. Denver also
argued that, because the underlying zoning category, Forestry District, did not prohibit dams in
1974, the enlargement is exempt from 1041 authority.
The district court found that that the evidence supports the County’s position that the Zoned
Land Exemption does not apply, and that the Moffat Expansion Project is subject to Boulder
County’s permitting authority and regulatory process. Denver has indicated that it intends to appeal
the ruling.
2.

Green Mountain Reservoir Administrative Protocol.

We are working with the other Blue River Decree parties to finalize language for a
proposed amendment of the Green Mountain Reservoir Administrative Protocol Agreement and a
proposed amended water rights application to be filed in the Division 5 Water Court. The Green
Mountain Reservoir Administrative Protocol is intended to resolve long-standing disputes
regarding the administration of water rights during the reservoir’s fill season. The parties filed a
joint water court application in 2013 to adjudicate Articles I, II, and III of the Protocol. The parties
also filed a joint petition in the Federal District Court under that court’s retained jurisdiction of the
Blue River Decree to confirm that the entirety of the Protocol (Articles I through IV) are consistent
with the Blue River Decree. Article IV of the Administrative Protocol provides the methodology
to calculate the volume of replacement water provided by the Cities to satisfy their replacement
obligation after the reservoir’s fill season.
Subsequent to the 2013 filings, the Federal District Court refused to exercise jurisdiction
over a separate matter related to the Blue River Decree. Thus, due to the apparent refusal of the
Federal District Court to exercise jurisdiction over the Petition, the parties have agreed to seek a
determination from the Division 5 Water Court as to the entirety of the Administrative Protocol.
The proposed changes to the Protocol Agreement and the Division 5 Water Court application are
necessary to address those changed circumstances. No changes are proposed to the Protocol itself.
While the parties have reached agreement of the basic path forward, we continue to
negotiate the language of the proposed amendments to the Protocol Agreement and Water Court
application. It is possible that we may have final language for consideration by the Board in the
next few weeks.

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 7 OF 12

3.

Potential CRCA Amendments.

We continue to work with other West Slope CRCA signatories and Denver Water on
potential CRCA Amendments to address relatively minor “clean-up” edits, as well as potential
amendments related to Denver’s CRCA reuse obligations. A meeting to discuss these items is set
for January 17th, so we may have a more substantive update for the River District Board meeting.
4.

Shoshone Permanency.

We continue to examine mechanisms to achieve permanency of the Shoshone Call Flows.
There have been some substantive developments on this matter that we wish to discuss with the
Board in executive session.
The Board may wish to discuss these issues and other CRCA Implementation matters in
executive session.
C.

Upper Colorado River Wild and Scenic Alternative Management Plan.

We may seek Board direction regarding negotiation matters related to finalization of the
“provisional” sections of the Wild and Scenic Alternative Management Plan. Strategic Initiatives:
5C (transmountain diversions), 7A (basin consumptive and non-consumptive needs).
Mike Eytel and Peter Fleming have been dedicating significant time on negotiation matters
related to the Upper Colorado River Wild and Scenic Alternative Management Plan. The
Stakeholder Group (“SG”) driven plan originated with River District-lead meetings that began
around 2007. The SG consists of a wide-range of water interests, including the River District,
local water conservancy districts, water providers, land-owners, local governments, and Front
Range transmountain diverters. The goal of the SG is to protect the “outstandingly remarkable
values” (ORVs) of the Upper Colorado river segments running from Gore Canyon (just
downstream of Kremmling) to No Name (just upstream of Glenwood Springs) without the
necessity of a formal federal Wild and Scenic designation or suitability determination by the BLM
and Forest Service.
The SG submitted its proposed alternative management plan to the BLM and Forest Service
in January 2012. In 2015, the federal agencies issued records of decision that adopted the SG Plan
as an alternative management plan, in lieu of a finding that the river segments are “suitable” for
formal designation under the Wild and Scenic Rivers Act. Key provisions of the SG Plan include
(1) objective “ORV Indicators” intended as a standardized value to maintain the river’s ORVs, (2)
long-term protection measures, (3) cooperative/voluntary protective measures, and (4) Resource
Guides that inform SG actions and determinations but are not intended as a formal pass/fail test
for success of the SG Plan. The SG Plan provides for a provisional-period during which the SG
tasked itself with resolving issues that were not fully resolved prior to the deadline for
consideration of the plan by the federal agencies.
There were, and continue to be, significant disputes amongst the SG regarding the
negotiation of the plan and its continued implementation – but that is to be expected considering
the diverse interests of the stakeholders. However, overall, the SG Plan has been very successful,
and the River District should be rightfully proud of its role in the development and implementation

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 8 OF 12

of the Plan. The Plan’s provisional-period is set to terminate this year. Thus, some dormant issues
have reappeared and have caused heightened disputes amongst the stakeholders.
The primary disputed issues are the finalization of certain provisional Resource Guides,
and more generally, the extent of restrictions that the SG Plan place on the use of its Resource
Guides (with respect to the ability of a stakeholder to raise concerns about the status of an ORV).
The Front Range entities argue that the SG Plan provides strict limits on how Resource Guides can
be referenced by the SG and other entities. Other interest groups (including the West Slope Water
Users group lead by the River District) maintain that the plan was not intended to be so restrictive,
and that generally, it is poor public policy to muzzle the use of public information, such as the
Resource Guides. We have worked closely with other Stakeholders, including the Local
Government and conservation groups to develop compromise language that we hope will resolve
this significant dispute.
The Board may wish to discuss this subject in executive session.
D.

Colorado River District Conditional Water Rights (General and Enterprise Matters).

We anticipate Board direction or action pending discussion of this matter in executive
session. Strategic Initiatives: 4.A. (Colorado River supplies) and 7.B. (River District conditional
water rights).
1.

West Divide Project Water Rights.

An application for reasonable diligence is due in April of 2020 for the remaining
conditional components of the West Divide Project: Avalanche Canal and Siphon (30 c.f.s. with
0.014 c.f.s. available for use within the Crystal River basin), Dry Hollow Feeder Canal (250 c.f.s.),
Dry Hollow Reservoir (45,000 acre feet), Four Mile Canal and Siphon (50 c.f.s. Four Mile Creek
Diversion and 50 c.f.s. Three Mile Creek Diversion), Horsethief Canal Headgates 1-5 (750 c.f.s.
in the aggregate), Kendig Reservoir (15,450 acre feet), Kendig Reservoir First Enlargement (2,610
acre feet), West Divide Canal (300 c.f.s.), and West Mamm Creek Reservoir (6,500 acre feet).
2.

Wolford Mountain Reservoir Refill Right (an Enterprise matter).

In 2000, the River District was awarded a refill storage right for Wolford Mountain
Reservoir in the amount of 30,000 acre feet; 15,895 acre feet of which was decreed absolute for
recreational, piscatorial, and flood control purposes leaving 14,105 acre feet conditional for
recreational, piscatorial, and flood control purposes, while 30,000 acre feet remained conditional
for all of the other decreed beneficial uses. In 2013, the water court decreed 12,856 acre feet
absolute for all the beneficial uses decreed to the reservoir. Currently 14,105 acre feet remains
conditional for recreation, piscatorial, and flood control purposes, and 17,144 acre feet remains
conditional for all other decreed uses. An application for reasonable diligence is due at the end of
January 2020 for the remaining conditional portions of the refill storage right.
Failure to file timely diligence applications for the above water rights will result in
cancellation of the conditional water rights.

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 9 OF 12

These matters and other River District conditional water rights are discussed in the
Confidential Report. We request that the Board discuss these matters in executive session.
E.

Application of the United States of America for the Taylor Park Reservoir
Refill/Exchange, Case No. 11CW31, Water Division 4.

We may seek Board direction or possible action, depending on any developments prior to
the Board meeting. Strategic Initiatives: 7A (basin consumptive and non-consumptive needs).
Case No. 11CW31 involved an application by the United States to make absolute the
remaining conditional portion of the Taylor Park Reservoir Refill Right, originally decreed in Case
No. 86CW203 (sometimes called the Taylor Park Exchange). The River District participated as
an “objector in support” of the application. A stipulated consent decree was entered by the
Division 4 Water Court in 2016. Unfortunately, a dispute occurred (primarily between the United
States and Taylor Placer, Ltd./Cockrell) in the dry summer of 2018 regarding Taylor Park
Reservoir operations under the stipulated decree. Since that time, we have actively participated in
negotiations with the United States, the Upper Gunnison District, and Taylor Placer, Ltd. to resolve
the dispute about how to operate the reservoir in very dry years like 2018.
The primary focus of the negotiations is how to adjust summer releases from the reservoir
in dry years in order achieve set winter-season storage targets. The stipulated decree provides that
the releases from the reservoir during the winter season are driven by the winter storage targets.
In general, Taylor Placer would like to see higher winter season storage releases in order to protect
the Taylor River fishery. While the other parties (including the River District) also wish to protect
the fishery, they want to ensure sufficient operational flexibility to address other purposes of the
reservoir, such as irrigation season demands and summer recreational flows.
We believe that the parties are close to resolving the dispute. It is possible that we may
seek further Board direction or potentially formal action, depending on any developments prior to
the Board meeting.
The Board may wish to discuss this matter in executive session.
F.

C.R.S. § 39-92-102(3)(b)—Instream Flows and Protection of Pre-existing Uses.

Update only – potential Board action during State Affairs portion of the Board meeting.
Strategic Initiative: 2.A (basin outreach), 6.D (agricultural water use).
We attended the Colorado Water Conservation Board’s (“CWCB”) November 2019
meeting in Denver to provide the River District’s perspective on the administration of instream
flows and pre-existing uses pursuant to C.R.S. Section 37-92-102(3)(b). Overall, the discussion
was positive and the CWCB staff was directed to coordinate with the Department of Natural
Resources (“DNR”), the River District, Southwestern Water Conservation District, and Colorado
Cattlemen’s Association to resolve the issue.
The Board previously directed River District staff and counsel to resolve the Section
102(3)(b) issue, either by administrative means, legislation, or litigation. At the CWCB meeting,
we requested that the CWCB support or not oppose legislative language to clarify that the State

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 10 OF 12

Engineer has the authority to determine the extent of undecreed pre-existing uses and to administer
instream flows as subject to such pre-existing uses. After the CWCB meeting, River District staff
negotiated statutory language with the Department of Natural Resources, including the State
Engineer and CWCB Director that we believe resolved the issue. While the negotiated language
will achieve the same goal, it is different than the language previously discussed with the River
District. For reference, the River District’s original proposed statutory amendment from last year
and language that we worked toward with DNR appear below. (Note, due to edits requested by the
Office of Legislative Counsel to comply with its Legislative Drafting Manual, the new language
is slightly different than the final language discussed with DNR):
(Original Proposal)
Any such appropriation shall be subject to the present uses or
exchanges of water being made by other water users pursuant to
appropriation or practices in existence on the date of such
appropriation, whether or not previously confirmed by court order
or decree. AS DETERMINED BY THE STATE ENGINEER OR
APPLICABLE DIVISION ENGINEER IN ACCORDANCE WITH
C.R.S. 37-92-502(2)(A), REGARDLESS OF WHETHER SUCH
USES OR EXCHANGES ARE CONFIRMED BY COURT
ORDER OR DECREE. ANY SUCH DETERMINATION BY THE
STATE ENGINEER OR APPLICABLE DIVISION ENGINEER
SHALL BE REVIEWABLE BY THE WATER COURT ON A DE
NOVO BASIS.
(New Proposal Based on Consensus Language with DNR)
UPON A CLAIM MADE TO THE STATE ENGINEER FOR
ADMINISTRATION PURSUANT TO 37-92-102(3)(B), THE
STATE ENGINEER SHALL CONFIRM THE EXTENT OF THE
CLAIMED UNADJUDICATED USE OR EXCHANGE OF
WATER BEING MADE PURSUANT TO APPROPRIATION OR
PRACTICES IN EXISTENCE ON THE DATE OF
APPROPRIATION OF AN INSTREAM FLOW WATER RIGHT.
THE STATE ENGINEER’S CONFIRMATION IS REVIEWABLE
BY THE WATER COURT ON A DE NOVO BASIS. NOTHING
IN THIS ARTICLE SHALL REQUIRE, OR PROHIBIT, A
WATER USER FROM SEEKING WATER COURT
CONFIRMATION OR ADJUDICATION OF ANY SUCH
PREEXISTING USES OR EXCHANGES.
The River District’s original proposal would have amended the CWCB’s instream flow
statute (section 37-92-102(3)), which we believe would direct address the subject. However, DNR
felt strongly that a legislative change is more appropriate in section 37-92-502, which outlines
some of the State and Division Engineer’s administrative authorities and responsibilities. In this
situation, we believe that the consensus of all the parties involved outweighs a disagreement about
the specific statutory location of the clarifying language. We hope to have a copy of the proposed
bill (and perhaps an introduced bill) by the time of the Board meeting.

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 11 OF 12

G.

Application of the City of Northglenn, Case No. 18CW3159, Water Division 1.

We request that the Board authorize counsel to stipulate to a proposed decree in the
Application of the City of Northglenn, Case No. 18CW3159, Water Division 1. Strategic Initiative:
5C (TMDs).
We filed a statement of opposition in November of 2018 to an augmentation plan filed by
the City of Northglenn. Northglenn sought to replace out of priority diversions to its Croke
Reservoir from a number of sources, including its interest in the Berthoud Pass Ditch and Tunnel,
a transmountain diversion from Grand County. We filed a statement of opposition to ensure that
the use of the Berthoud Pass Ditch and Tunnel is consistent with the decree for that water right,
and that the water right was not expanded to the detriment of water rights and water users in Water
Division No. 5. Following discussions with opposing counsel, Northglenn opted to remove the
Berthoud Pass Ditch and Tunnel water right as a claimed source of supply in this case. Thus, the
River District’s concerns with this specific application have been addressed. A copy of the
proposed stipulation is included as Attachment A to this memo.
We recommend that the Board authorize counsel to enter into a stipulation with the City of
Northglenn in Case No. 18CW3159, Water Division 1 consistent with the terms of the stipulation
included with the Board materials.
H.

Colorado River Compact, Intra-State, Interstate, and International Negotiation
Matters, including Demand Management.

Updates only. Strategic Initiatives: 4 (Colorado River Water Supplies), 6 (Agricultural
Water Use), and 8 (Colorado Water Plan – compact risk and conceptual framework).
1.

Lake Powell Pipeline.

In October, we reported that the Utah Board of Water Resources withdrew its application
for FERC license for the Lake Powell Pipeline, stating in part that it will “pursue permits for the
water supply pipeline and appurtenances for the benefit of Southern Utah with the appropriate
agencies of the U.S. Department of the Interior (“DOI”).” In December, the Bureau of Reclamation
announced that it would act as the lead permitting agency for the project, and thus would take on
the lead NEPA review duties. Importantly, Reclamation also stated that it plans to complete the
NEPA process within one-year, which is somewhat difficult to envision.
We will continue to monitor this project and will inform the Board about significant
developments and likely provide River District comments on the NEPA documents.
2.

Drought Contingency Planning and Demand Management.

Andy Mueller’s public memo contains an update on interstate and intrastate planning and
work-groups related to the DCP and Demand Management.
The Board may wish to discuss these and other sensitive negotiation and legal issues
related to compact and interstate matters in executive session.

 QUARTERLY ATTORNEY REPORT – JOINT – JANUARY 2020
PAGE 12 OF 12

Attachments:
A.
Water Division 1, 18CW3159, City of Northglenn, 12/13/2019 Proposed Stipulation with CRWCD

 GO BACK
ATTACHMENT A TO
QUARTERLY ATTORNEY REPORT
JOINT - JANUARY 2020

DISTRICT COURT, WATER DIVISION NO. 1,
STATE OF COLORADO
Court Address: 901 9th Avenue, Greeley, CO 80631-1113
Mailing Address: P.O. Box 2038, Greeley, CO 80632-2038
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
THE CITY OF NORTHGLENN
IN JEFFERSON, WELD, BOULDER AND ADAMS
COUNTIES.

▲COURT USE ONLY▲
Case No: 18CW3159

Attorneys for Applicant, City of Northglenn:
Donald E. Frick, No. 39406
Whitney Phillips, No. 51533
Fischer, Brown, Bartlett & Gunn P.C.
1319 East Prospect Road
Fort Collins, Colorado 80525
Phone Number: (970) 407-9000 ext. 218
FAX Number: (970) 407-1055
E-mail: donfrick@fbgpc.com
whitneyphillips@fbgpc.com

Division: 1

Courtroom: 1

Attorneys for Opposer, the Colorado River Water
Conservation District:
Peter C. Fleming, #20805
Jason V. Turner, #35665
Phone #: (970) 945-8522
Fax #: (970) 945-8799
E-mail:
pfleming@crwcd.org
jturner@crwcd.org

STIPULATION WITH THE COLORADO RIVER WATER CONSERVATION
DISTRICT
Applicant, the City of Northglenn (hereinafter “Applicant”), by and through its
undersigned attorneys, and Opposer, the Colorado River Water Conservation District,
(hereinafter “Opposer”), by and through its undersigned attorneys, hereby stipulate and agree as
follows:

 Stipulation with CRWCD
Case No. 18CW3159
Page 2

1.
Opposer hereby consents to the entry of a decree in the form of the proposed
Findings of Fact, Conclusions of Law, and Decree of the Water Court dated November 12, 2019
(hereinafter “Proposed Decree”), a copy of which is attached hereto as Exhibit A. Opposer will
not object to the entry of any modified form of the Proposed Decree ultimately entered by the
Water Court so long as its terms and conditions are no less restrictive than those contained in the
Proposed Decree and are not otherwise inconsistent with this Stipulation.
2.
Applicant hereby agrees not use or seek to use, as part of any decree entered in
this case, water diverted from the Berthoud Ditch and Tunnel as a source of augmentation.
3.
Opposer shall remain on the Certificate of Service in this case; shall be provided
with a copy of all pleadings and additional proposed rulings and decrees, in this case; and shall
be provided with a copy of any proposed ruling and decree at the time such ruling or decree is
submitted to the Court, to ensure compliance with this Stipulation.
4.
Opposer’s continued participation in this matter shall be limited to ensuring that
the ruling and decree ultimately entered herein by the Water Court are in conformity with the
provisions of this Stipulation.
5.

The parties shall bear their own costs and fees in this matter.

6.
This Stipulation is entered into by way of compromise and settlement of this
litigation. Any agreement of the undersigned parties for entry of a proposed draft decree shall
not be construed as concurrence by these parties beyond the decree adjudicated herein with any
findings of fact or conclusions of law contained therein or with the legal theories or the
engineering methodologies used by either party in arriving at this Stipulation, and nothing
contained in the proposed draft decree shall be binding on either party in any proceeding other
than the current proceeding and any subsequent proceeding involving the same rights adjudicated
herein.
7.
This Stipulation shall bind and benefit the parties hereto, their successors and
assigns. This Stipulation shall be enforceable as an agreement between the parties or as an Order
of the Court.
8.
The parties hereto represent and affirm the signatories to this Stipulation are
legally authorized to bind the parties.
9.
Applicant and Opposer hereby move the Court to enter an order approving this
Stipulation, and Applicant agrees to file such a motion.

2

 Stipulation with CRWCD
Case No. 18CW3159
Page 3

DATED this _______ day of _________, 20___.

FISCHER, BROWN, BARTLETT & GUNN, P.C.

By: __________________________________
Donald E. Frick, No. 39406
Whitney Phillips, No. 51533
ATTORNEYS FOR APPLICANT
CITY OF NORTHGLENN

COLORADO WATER CONSERVATION DISTRICT

By: __________________________________
Peter C. Fleming, #20805
Jason V. Turner, #35665
ATTORNEYS FOR OPPOSER
COLORADO RIVER WATER
CONSERVATION DISTRICT

3

 GO BACK

9.b.i. Summary of Action Items

from Executive Session 

No Material Available

10. Discussion with

Ted Kowalski, Walton Family
Founda?on

NO MATERIAL AVAILABLE

GO BACK

MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD

FROM:

ANDY MUELLER, GENERAL MANAGER

SUBJECT:

2020 FIRST QUARTERLY MEETING, GENERAL MANAGER’S REPORT

DATE:
JANUARY 3, 2020
ACTIONS:
h. Request delegated authority to the General Manager to enter into a joint funding agreement
(“JFA”) with the USGS, subject to review and approval by legal counsel, in the amount of
$555,597 to engage in cooperative water gauging and sampling activities in 2020. The water
quality and quantity monitoring activities as defined in the USGS JFA would commit the River
District to the amount of $555,597; this is consistent with the adopted 2020 budget. Delegated
authority is also requested for the General Manager to enter into agreements, subject to review
and approval by legal counsel, with cooperating partners for reimbursement of some of the
USGS gauging and sampling activities, estimated to be a total of $105,000.
i. Staff requests that the Board authorize the General Manager, with review and approval by the
General Counsel to amend Ms. Underbrink Curran’s contract for CRCA Implementation
consultation to authorize her continuing work for up to an additional eighteen-month time
period and up to an additional $15,000 in expenditures.
________________________________________________________________________
a.

Update on CRWCD Long Term Fiscal Condition.

ACTION: No action requested, just direction.
STRATEGIC INITIATIVE(S): 12. Financial Sustainability: The above strategic initiatives
cannot be achieved without financial sustainability. The River District enjoys a diversified tax
base for its Governmental Funds, which helps to reduce the impacts of dramatic downturns in
its overall assessed valuation. Over the long-term, the Enterprise Fund is intended to be selfsustaining, managing the River District’s business-type activities.
Staff continues to study the District’s long term fiscal structural deficit. As was the case when we
discussed this issue last February, there is no immediate financial crisis, but there continues to be
significant reason to be concerned about the long-term financial health of the General Fund and
970.945.8522

201 Centennial Street   PO Box 1120
Glenwood Springs, CO 81602

ColoradoRiverDistrict.org

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 2 of 11
the Enterprise Fund. Our memo from February of 2019, which is attached hereto and accessible in
the electronic format by clicking at this link, contains a detailed explanation and analysis of our
District’s long-term financial issues and I would encourage you to review it, if you are so inclined.
For the purposes of this update, I will just briefly summarize the issues driving this continuing
conversation and provide a recommended course of action for the Board to discuss.
District General Fund revenue has been relatively flat since 2012. During the same period expenses
in the District General Fund have climbed at an average rate of 3% per year (our preliminary
numbers show actual expenses in 2019 were down 7% compared to 2018 largely due to reductions
in the size of staff, travel expenses, and outside legal fees). While we are committed to keeping
expenses in check, inflation, health insurance expenses, and wage pressure are likely to continue
to cause our expenses to increase for the foreseeable future. Due to a variety of factors, the District
revenues are likely to decrease in the near future. As explained in greater detail in the attached
February 2019 memorandum, District General Fund tax revenues are predicted to be hit by the
trifecta of declining oil, gas and coal related tax revenue, the impacts of the Gallagher Amendment
and continuing impacts of the Taxpayer Bill of Rights (TABOR).
By way of update to the February 2019 memorandum, below is an update on these three critical
factors affecting our District revenue forecast:
•

Oil, Gas, and Coal Related Tax Revenue. The majority of the District’s oil and gas tax
revenue is generated from gas production in the Piceance Basin. Gas prices have been
hovering around $2.00 an MMBTU and are not predicted to increase any time soon due to
a growing glut of natural gas production. At that price, the Piceance Basin is likely to
remain an uncompetitive field and we should expect the continued decline in production
and attendant tax revenue. Unfortunately, even a potential Coos Bay export facility and
pipeline is unlikely to alter the economics of the Piceance Basin. Our coal production and
related coal fired power plants are still facing an accelerated decommissioning being driven
by market and regulatory forces far beyond the boundaries of the District. A sector that
recently generated almost a quarter of our District tax revenue has already decreased to
11% and is reasonably predicted to continue its quick decline over the next twenty years.

•

Gallagher Amendment. The District avoided significant financial damage from the
projected significant drop in the Gallagher Amendment-required Residential Assessment
Rate (RAR) in 2019 which was only reduced from 7.20 to 7.15%, leading to a reduction in
revenues of only $60,000 rather than the initially-projected $370,000 reduction. The relief
came from the unanticipated surge in the value of oil production in Weld County during
the valuation period which singlehandedly drove up the value of non-residential taxable
property and managed to balance out the significant growth in the metropolitan Front
Range residential valuation. Unfortunately, such relief is unlikely to be permanent. As you
will recall, the Gallagher Amendment requires the RAR to be reset by the legislature every
two years based upon the relative statewide value of residential and non-residential taxable
properties. Recent market analysis indicates that many of the oil producers in northeastern
Colorado are carrying a heavy debt load and are finding it very difficult to compete with
oil being produced elsewhere in the world including the Permian Basin in West Texas and

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 3 of 11
New Mexico. With crude oil prices hovering below $60 a barrel (even with the recent flare
up with Iran) it is likely that we will see much more modest growth in the value of Colorado
oil production, and we may even see a decline if producers are forced into liquidation by
their lenders. Meanwhile, the double digit increases in the Front Range metropolitan
housing valuation are expected to slow a bit, but given the well documented pent up
demand for additional housing in the metro area as well as recent predictions that 90
percent of new residents to the state are expected to settle in the metropolitan Front Range,
it is likely we will continue to see comparatively lopsided residential growth between the
metro Front Range and our District. There are recent predictions by DOLA that we may
see only a modest decrease in the RAR in the 2021 valuation period, however DOLA’s
early forecasts are almost always far off the mark.
•

TABOR Impacts. The Taxpayer Bill of Rights (TABOR) contains both a tax rate limitation
and a revenue limitation. The District has been fiscally impacted by both limitations. In
setting the mill levy rate for taxes collected in 2020, you will recall from our September
Budget workshop and our discussion at the October fourth quarterly board meeting that the
revenue limitation will again affect our revenues in 2020. In order to stay within the
permissible level of revenue growth, you took action consistent with past practice to
provide a tax credit by temporarily reducing our mill levy from our maximum cap of .252
mils down to an effective temporary mill levy of .234. This mill levy reduction in 2020
will result in approximately $140,000 in uncollected revenue. This reduction in revenue
collected will cause a compounded loss of District revenue in the future due to the TABOR
limit related to future revenue growth. An additional impact of the TABOR revenue cap is
that we are unable to accept grants into the General Fund from the State of Colorado and/or
local governments to assist our water users with their projects.

Without some form of voter approved relief from these factors, it is likely that within the next few
years the River District will be forced to further reduce our ability to assist our constituents and
partners throughout the District in the development and restoration of important projects and it is
likely that we will need to continue to reduce the workforce at the District.
To compound our fiscal predicament, the Enterprise Fund is facing its own suite of challenges
which are set forth in greater detail in the attached memorandum from February of 2019. On
January 2nd, 2020, we received our last lease payment from Denver Water for Wolford Mountain
Reservoir. Denver Water is required to pay approximately 46% of operation, maintenance and
repairs going forward but that number is predicted to be approximately $500,000 per year,
significantly less than the $3,000,000 in annual lease payments we have been receiving over the
last 25 years. The cessation of lease payments poses two distinct problems for the Enterprise. First,
due to TABOR imposed limitations on grant revenue, the District’s ability to accept state and local
government grant funds into its Enterprise fund on behalf of our water users who lack the legal
capacity to directly receive these funds will precipitously decrease to a level that we are unable to
provide meaningful assistance in this manner. It is through the leveraging of state and local grant
funds that we have achieved significant success on behalf of many of our constituents. Second, the
Enterprise has been carrying 25% or approximately $700,000 - $800,000, per year of the overhead
expenses of the District, which we believe is in-line with the time spent by River District staff on

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 4 of 11
Enterprise matters. Unless we reallocate a significant portion of the overhead to the General Fund
(which could impact Enterprise staff support), the Enterprise’s cash & equivalents (which is close
to $25,000,000 today) is expected to be depleted by 2040. Any significant capital repair costs of
Enterprise assets would only accelerate this unfortunate financial predicament.
In February of 2019, the Board and staff had a robust discussion regarding potential methods of
remedying our financial situation. Many of the options discussed are set out in the attached
February 2019 memorandum. Additional, creative ideas were put forth and discussed. It was clear
from that discussion that certain potential remedies, i.e. a “de-Gallagher” question or a “de-Bruce”
question standing alone were not enough to fix the District’s fiscal structural deficit in a
meaningful long-term manner. Since the February meeting, both at our subsequent quarterly
meetings and in individual conversations with Directors, I have received significant input and
many thoughtful comments. Based upon those discussions, I recommend that the Board consider
pursuing the following course of action:
I recommend that the Board consider placing a question on the ballot in November 2020 which
would request our voters’ approval of a tax increase to restore our mill levy to .5 mills and request
the voters’ permission, consistent with the provisions of TABOR, to exempt the District revenue
stream from the revenue growth limitations contained therein.
My recommendation comes after much analysis, thought and input from a wide variety of our
constituents, partners, Board members and staff. There are many reasons I recommend this
approach, but I will highlight just a few:
•

•

•

The impact to our average home owner in the District will be approximately $8.63 per year.
Less than 72 cents per month. Significantly less than a cup of coffee or a single beer each
month. As you might expect, the average by county varies significantly based upon the
value of the taxpayer’s home, but it is an increase of approximately $1.90 per year per
$100,000 in assessed valuation for homeowner. Even with a .5 mill, the Colorado River
District would be the lowest or close to the lowest taxing entity on every tax bill in our 15county district.
The proposal will bring in approximately 4.9 million dollars in additional revenue to the
District on an annual basis. While the individual tax impact is relatively small, the
collective power of all our taxpayers in the 15-county district is significant and will allow
us to have much greater success at accomplishing our mission to protect and develop West
Slope water.
There is a documented need for additional funding for water projects within our state and
particularly within our District boundaries. Our roundtables, our staff, and the Colorado
Water Plan have identified key projects in all corners of our District that are on hold due
to lack of funding. The need for project funding straddles all sectors of our water user
community: productive agriculture, aging infrastructure, conservation and efficiency
projects, watershed health and water quality projects and healthy river projects. For years,
the District has served as an effective advocate and catalyst for our water users’ project
development, but we have consistently relied upon the federal and state government to fund
those projects. In recent years, private foundations and environmental organizations have

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 5 of 11

•

•

•

also brought significant money to the water project world. Being at the table, even with
great ideas and talented staff, without funding has meant that our District and our water
users have less say in which projects are prioritized and how they are implemented. Adding
our revenue to the collaborative approach means that more of what is important to our
constituents will be accomplished and it means that the District will be able to further the
goals and objectives of our water users. Having these funds available to meaningfully help
fund the protection and development of West Slope water will help restore the District’s
ability to meet the vision of our founders.
The “de-Brucing” part of this question will remedy the significant issue posed relating to
our ability to collect state and local grant funds and spend them on our constituents’
projects. It will also assist the District in remedying the problem we face due to increases
in healthcare, inflation and wage pressure.
Use of increased revenue would be subject to the specific terms of any ballot measure and
future Board discretion. However, my suggestion is that for the foreseeable future, the
Board consider allocating the lion’s share, perhaps a minimum of $4 million per year of
this additional revenue to project development with our water user partners throughout the
District and that the remaining revenue, approximately $700,000 - $800,000, would be
utilized by the District to fix its fiscal structural deficit and help correct the financial course
of the Enterprise by reallocating a portion of overhead and staff costs from the Enterprise
to the General Fund if those costs can reasonably be attributed to General Fund items.
Recognizing that our District’s expenses are likely to continue to escalate due to inflation,
healthcare and wage pressure, I anticipate that the River District would utilize some of the
funds, perhaps the additional revenues accrued through the “de-Brucing” part of the
proposed ballot question to cover those anticipated increases in cost.
This approach is a straightforward approach which the voters’ right to approve a tax
increase and grant an exemption from the TABOR revenue cap.

I do not request formal action now. Instead, my recommendation is intended to spur discussion
and further direction from the Board with respect to whether this concept is potentially supportable
and if so, what additional information you would like staff to collect and present to the Board over
the next few meetings to help you in formulating your preferred course of action. I do not anticipate
requesting formal Board action until July or August of this year. Among the items the Board may
want to discuss and request additional information are the following:
•
•
•
•
•

Whether there is likely public support for such a strategy;
The advisability of putting a sunset provision on a ballot question;
Direct staff to identify projects which are of the type which would be funded so our voters
have additional certainty in what the money will be spent on.
What is the permissible wording of such a ballot question?
The continued investigation of other approaches to address the River District’s financial
future.

I look forward to a lively and informative discussion on this issue at our meeting.

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 6 of 11
b.

Drought Contingency Planning and Demand Management Update.

APPLICABLE STRATEGIC INITIATIVE(S):
4. Colorado River Supplies:
4. A. The River District will advocate for full use of its Colorado River Basin water supplies for
the benefit of the District’s inhabitants, without undue risk of overdevelopment.
4. B. The River District will advocate for full protection and preservation of water rights
perfected by use prior to the effective date of the 1922 Compact and thereby excluded from
curtailment in the event of compact administration.
4. C. The River District will continue to study mechanisms, such as a Compact Water Bank and
Contingency Planning that include demand management, drought operations of CRSP
reservoirs, and water supply augmentation to address the risk of overdevelopment.
4. D. The River District will work with the State Engineer’s Office and other interested parties
to develop an equitable mechanism for potential compact administration.
6. Agricultural Water Use:
6. A. The River District will continue to study the concept of a voluntary and compensated
compact water bank in collaboration with other stakeholders to best preserve western Colorado
agriculture.
6. B. The River District will explore alternative transfer methods that allow agricultural water
users to benefit from the value of their water rights without the permanent transfer of the rights,
and without adverse impacts to the local communities and the regional economy.
6. C. Although the River District recognizes that some reductions in demands of agricultural
water rights may be necessary to protect existing water uses in the basin, the District will work
to ensure that the burden of demand reduction is shared across all types of water use sectors,
and that agricultural water rights, and agriculture itself, are not injured.
6. D. The River District will protect the integrity of senior agricultural water rights within
Colorado’s prior appropriation system, recognizing the potential risks to those rights posed by
the constitution’s municipal right of condemnation.
8. Colorado’s Water Plan:
8. B. The River District will work with the, Southwest Water Conservation District, the
Southwest Basin Roundtable and the three Basin Roundtables that comprise the District to
achieve a consistent West Slope perspective related to contingency planning and compact
administration risk matters.
8. E. The River District will work to ensure that the IBCC Conceptual Framework is honored
and fairly implemented.
There is not much to discuss at the interstate level with respect to continuing drought contingency
discussions. Of note, however, is that while it is still predicted that in 2020 the Lower Basin will
engage in its first ever mandatory reduction of use under their drought contingency agreements,
recent hydrologic predictions from the Bureau indicate that the April revision to the 24 month
study may predict that levels in Lake Mead will be higher than the trigger elevation for the lowest
level of Drought Contingency Plan (DCP) storage, meaning that the Lower Basin may escape
mandatory reductions of use under their new DCP.

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 7 of 11
Here in Colorado, the CWCB workgroups continue to meet occasionally and with the recently held
first meeting of the Law and Policy workgroup, all of the CWCB workgroups have met once or
twice. The CWCB is in the process of retaining contractors who can assist the workgroups. Most
of the workgroups have focused on identifying issues and reaching a consensus on what direction
they would like to give the consultants once they are hired. Many of the workgroups have focused
on a literature review as the first step to be pursued by contractors so that the workgroups are not
reinventing a wheel that has already been studied. At your Board meeting, I will ask staff members
who are on workgroups to report specific information on what is occurring in their particular
groups.
At the District level, we continue to look at demand management with some skepticism and we
are continuing to ask the state and others to evaluate the true need for this program in light of other
actions that may be implemented on the river that would have a similar or larger impact with less
potential cost to our West Slope communities. As you are aware, we were successful in obtaining
a $315,000 WaterSmart grant from the Bureau of Reclamation to assist us in three aspects of our
District’s efforts related to demand management: continuing phases of our risk study, the Water
Bank Work Group Secondary Economic Impact Study and our District focused stakeholder group.
c.

UCRC and CRWUA December Meeting Updates.

APPLICABLE STRATEGIC INITIATIVE(S):
3. Climate and Hydrologic Uncertainty: Climate and hydrologic uncertainty should be a major
driver of what the River District does in the mid- to long-term. The impacts to precipitation are
not clear. However, the overwhelming evidence indicates a warming and increasingly variable
climate. Hotter temperatures will certainly result in increased demands for agricultural and
municipal water supplies due to longer and warmer growing seasons. Patterns of snowpack
accumulation and runoff will change. Runoff is projected to occur earlier and quicker, and
there will be an earlier return to possibly lower base flows after runoff. These factors will stress
storage supplies. On a local and regional basis, storage supplies may prove inadequate.
4. Colorado River Supplies: Colorado may be closer to full use of its Colorado River supplies
than commonly thought. Absent good planning, education, outreach, and mitigation measures
to address regional water supply issues, Colorado risks overdevelopment of its Colorado River
supplies to the detriment of existing water users. At some level of additional development, all
existing uses junior to the compact (more than 500,000 acre feet) are at risk of curtailment
under compact administration. The River District’s will work on Colorado River Basin
contingency planning and compact risk management, both related to low reservoir levels at Lake
Powell that threaten power generation and the ability to meet Colorado River Compact
obligations, be reflected in the Colorado Water Planning efforts.
The Upper Colorado River Commission (UCRC) met in late November for a work meeting and
again for their formal meeting in Las Vegas during the Colorado River Water Users Association
(CRWUA) annual meeting in mid-December. Much of the workgroup meeting was focused on
the terms, scope and timing of hiring contractors for UCRC’s planned work studying the feasibility
of an Upper Basin demand management program. This effort is largely funded by an $800,000

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 8 of 11
grant from the Bureau of Reclamation and is focused on demand management, not interim
guideline research. The UCRC has not, as of the date of this memorandum, reached a point where
successful bidders have been identified and hired.
The UCRC business meeting in Las Vegas was interesting for those of us who like the minutia of
Colorado River water policy. Commissioner Mitchell proposed a resolution thanking Eric Kuhn
for his service as chair on the UCRC Engineering Advisors committee. Eric recently stepped down
from that position. The resolution was unanimously supported by the Commission and several of
the Commissioners personally thanked Eric for his hard work and valuable contributions. There
were interesting and relevant presentations on the current state of climate change science in the
basin, a report on the Upper Colorado and San Juan endangered fish recovery programs and an
update from the National Park Service on the status of the Colorado River in the Grand Canyon.
CRWUA was well attended by users throughout the basin. Many of the panels and presentations
were informative and well done. The primary take away from the meeting is that the Bureau
intends to utilize 2020 to study just how well the 2007 Interim Operating Guidelines for the
Coordinated Operation of Lakes Powell and Mead worked. Commissioner Burman and even
Secretary Bernhardt encouraged water users, the states and other interested stakeholders to take
this time before any renegotiations occur to truly focus on assessing what worked and what did
not work in those guidelines. We anticipate being an active party in that assessment and will keep
you informed and seek your input as that process moves forward.
With respect to the negotiation of the post 2026 Interim Guidelines, there were some positive
comments from some Lower Basin representatives that indicate a willingness to look at potentially
significant modifications to the operating guidelines which may help preserve/restore the levels in
Lake Powell depending upon how they are implemented. I participated in a panel with several
people representing Lower Basin water users, native American tribes and environmental
organizations regarding their thoughts on the upcoming Interim Guidelines discussions. The panel
discussion was largely focused on what steps and structure might be needed if climate change
continues to impact the flow of the river.
d.

Colorado River Basin Hydrology Short Term Forecast for 2020.

Please see attached memo (accessed in the electronic packet by clicking here).
e.

Phreatophyte Control Report on Current State of the Science.

Please see attached memo (accessed in the electronic packet by clicking here).
f.

Phase III Risk Study Update.

APPLICABLE STRATEGIC INITIATIVE(S):
3. Climate and Hydrologic Uncertainty: Climate and hydrologic uncertainty should be a major
driver of what the River District does in the mid- to long-term. The impacts to precipitation are
not clear. However, the overwhelming evidence indicates a warming and increasingly variable

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 9 of 11
climate. Hotter temperatures will certainly result in increased demands for agricultural and
municipal water supplies due to longer and warmer growing seasons. Patterns of snowpack
accumulation and runoff will change. Runoff is projected to occur earlier and quicker, and
there will be an earlier return to possibly lower base flows after runoff. These factors will stress
storage supplies. On a local and regional basis, storage supplies may prove inadequate.
4. Colorado River Supplies: Colorado may be closer to full use of its Colorado River supplies
than commonly thought. Absent good planning, education, outreach, and mitigation measures
to address regional water supply issues, Colorado risks overdevelopment of its Colorado River
supplies to the detriment of existing water users. At some level of additional development, all
existing uses junior to the compact (more than 500,000 acre feet) are at risk of curtailment
under compact administration. The River District’s will work on Colorado River Basin
contingency planning and compact risk management, both related to low reservoir levels at Lake
Powell that threaten power generation and the ability to meet Colorado River Compact
obligations, be reflected in the Colorado Water Planning efforts.
6. Agricultural Water Use: Most West Slope agricultural water use is senior to the Colorado
River Compact. As Colorado nears full development of its Colorado River system water there
will be pressure for temporary and permanent conversion of senior agricultural water rights to
other uses. The Colorado River Compact Water Bank may provide a mechanism to protect
agricultural water uses.

In October 2019, the Board extended the Phase III Risk Study contract through 2020 and increased
the contract amount with the funding to be provided primarily by water user entities within the
various basins. The purpose was to allow the West Slope Basin Roundtables and other water user
entities to conduct additional “down scaling” work to better answer basin and sub-basin specific
questions arising from the general Phase III study results.
The Gunnison Basin initiated additional work. The Upper Gunnison River Water Conservancy
District (UGRWCD) requested additional analysis with focus on how a full or partial curtailment
would specifically impact water users within the UGRWCD. The Gunnison Basin Roundtable
(GBRT) requested similar work for the other sub-basins within the Gunnison River Basin. These
tasks are nearing completion. Hydros Consulting, Inc. conducted a webinar with UGRWCD staff
just before Christmas and a similar webinar will be scheduled with GBRT leadership as soon as
possible, with the expectation of additional outreach and reporting to both the UGRWCD Board
of Directors and the GBRT.
We wish to express our gratitude to the Gunnison Basin entities that have funded this addition
work including the UGRWCD, the North Fork Water Conservancy District, Grand Mesa Water
Conservancy District and Uncompahgre Valley Water Users Association.
We anticipate that additional Phase III work in the Yampa – White Basins will be scoped and take
place in the 1st quarter of 2020. This work will be funded by entities within the Yampa – White
Basins. At the time of this memorandum no specific additional work has been scoped by the

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 10 of 11
Southwestern Basin Roundtable (SWBRT). As the SWBRT meets the week before the River
District Board meeting, we may have an update at the board meeting on potential additional Phase
III work for the Southwest basin.
g.

Water Bank Workgroup Update.

Please see attached memo (accessed in the electronic packet by clicking here).
h.

Approval of Joint Funding Agreement, re: USGS Gaging.

Please see attached memo (accessed in the electronic packet by clicking here).
i.

Approval of Contract with Lurline Underbrink Curran, re: CRCA Implementation
Matters.

APPLICABLE STRATEGIC INITIATIVE(S):
5. Transmountain Diversions (TMD): The River District was created to protect West Slope
interests in the face of transmountain diversions. That role continues today and will likely persist
with increased pressure for further Front Range use of Colorado River supplies. The IBCC
Conceptual Framework presented in Colorado’s Water Plan sets forth seven principles to guide
development of any potential new transmountain diversion. The River District will have a
leadership role in evaluating any new TMD proposal in the context of the IBCC Conceptual
Framework and the District’s current policy on transmountain diversions.
The River District recognizes that certain existing water right control points on West Slope
streams are critical to maintaining West Slope supplies and limiting transmountain diversions
and will pursue protection of those water rights. A key provision to the Colorado River
Cooperative Agreement pertains to the Shoshone Outage Protocol, which maintains river flows
in the event of unscheduled outages of the power plant. The CRCA also provides for an
investigation of an acquisition of the power plant and water rights in order to permanently
protect the Shoshone Call and the resulting essential river flow.
Pursuant to a contract authorized under my predecessor, the District has been utilizing and
benefiting from the involvement of former Grand County Manager, Lurline Underbrink Curran in
our ongoing CRCA implementation matters. In her former position, Ms. Underbrink Curran was
intimately involved in the negotiations of the CRCA. She has been extremely helpful as one of
the few non-lawyer, non-engineers in our ongoing discussions regarding implementation. Ms.
Underbrink Curran’s original contract was executed almost three years ago and as amended,
authorized up to $25,000 in payments. We have reached the limit on the General Manager’s
authority and we still have need for Ms. Underbrink Curran’s assistance and involvement.
I am requesting that the Board authorize the General Manager, with review and approval by the
General Counsel to amend Ms. Underbrink Curran’s contract for CRCA Implementation
consultation, to authorize her continuing work for up to an additional eighteen-month time period
and up to an additional $15,000 in expenditures.

 First Quarterly Meeting, General Manager’s Report
January 3, 2020
Page 11 of 11
j.

Discussion of Health Insurance Policy.

Please see attached memo (accessed in the electronic packet by clicking here).
k.

General Manager’s 2020 Goals and Objectives.

Please see attached memo (accessed in the electronic packet by clicking here).
l.

Service Anniversaries Recognition.

We have two milestone service anniversaries in January, Dave Kanzer with 25 years, and Ray
Tenney at 30 years. Both employees have made very significant contributions to the District’s
mission during their tenure and the recognition is well deserved.

 MEMORANDUM
FEBRUARY 11, 2019
TO:

BOARD OF DIRECTORS

FROM:

ANDY MUELLER, GENERAL MANAGER
IAN PHILLIPS, CHIEF ACCOUNTANT
AUDREY TURNER, ADMINISTRATIVE CHIEF
JOHN CURRIER, CHIEF ENGINEER
LUCI WILSON, ACCOUNTANT

SUBJECT:
ACTION:

CRWCD LONG TERM BUDGET DISCUSSION GO BACK
No Action, just Board direction with respect to budget actions.

STRATEGIC INITIATIVE(S): 12. Financial Sustainability: The above strategic initiatives cannot
be achieved without financial sustainability. The River District enjoys a diversified tax base for its
Governmental Funds, which helps to reduce the impacts of dramatic downturns in its overall assessed
valuation. Over the long-term, the Enterprise Fund is intended to be self-sustaining, managing the
River District’s Business-Type Activities.

I.

INTRODUCTION

We appreciate your willingness to devote the better part of a day to a discussion of the District’s
long term financial health. As a starting point for the conversation, we want to stress that there is
not an immediate financial crisis in the District and that the District is currently in solid fiscal
health. As many of you are aware, since 2012 the District General Fund revenues have remained
relatively flat while our expenses, have climbed at an average rate of approximately 3% per year.
This presents what has been referred to as our District’s own “structural deficit.” Unlike the Lower
Basin, we would like to correct our structural deficit before we create a crisis with significant
consequences for the District and its constituents.
In the 2019 budget planning cycle, in an effort to prevent the structural deficit from running the
District into immediate deficit spending, the District management team and Board instituted
several cost saving budget measures:
1. The District temporarily put the grant program on hold, reducing expenditures between
$150,000 and $250,000 per year;
2. The District instituted an early retirement incentive program aimed at reducing the number
of full time employees by 3 to 4 positions before 2020 for a reduction in expenses of
approximately $300,000 to $400,000;
3. The District reduced its fleet of vehicles by two vehicles seeking a 25% reduction in
maintenance costs;

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Re: CRWCD Long Term Budget Planning
February 11, 2019
4. The District adopted a projected 2020 budget containing a 15% across the board reduction
in expenses.
As will be discussed below, these efforts are needed but they do not present a long term fix to the
District’s financial issues. Should the structural issues discussed below not be remedied in the
future, the District will need to make additional significant cuts in personnel, programs and
services in the future. The reduction in force and a permanent cessation of the grant program will
have a very real and significant impact on the District’s ability to protect, conserve and develop
the water resources of the District for our constituents.
II.

THE GALLAGHER AMENDMENT

In 1982, the electorate of Colorado approved Section 3(1)(b) of article X of the Colorado
Constitution (the Gallagher amendment). Pursuant to the Gallagher amendment the General
Assembly enacted C.R.S. § 39-1-104.2. These two sections of law require a bi-annual adjustment
in the state wide residential assessment ratio (RAR) in order maintain a consistent relationship
between the total assessed value of statewide residential property compared to statewide nonresidential property at a ratio of approximately 45% residential and 55% non-residential. In theory,
this amendment was designed to keep the burden of state taxes equitably spread between
residential and non-residential properties. However, since 1982 the growth in the value of
residential properties has outstripped that of non-residential properties and in 1992 our electorate
enacted the TABOR amendment which has been interpreted by our legislature to prevent it from
raising the RAR. What has resulted is a significant downward trend in the residential ratio. In 1982,
when the Gallagher amendment was enacted the RAR was set at over 21%; today the RAR sits at
7.2% (See, Figure 1 below).
For our District, the key to the RAR is that it is set every two years based upon the statewide
relative growth between residential and non-residential properties. Since 1982 there have been
several periods where the residential growth within our primarily rural district did not keep up with
the statewide residential growth which is often fueled by the residential growth in the metropolitan
Front Range. As has been widely noted, the economic recovery since the Great Recession has
been concentrated in urban areas while the economies of many rural areas have lagged. Our District
is no exception to this trend. Residential growth statewide during the last ten years has proceeded
at a rate of 3.01% while within our District we have seen a growth rate closer to .093%. The net
effect is that when the state lowers the RAR due to residential growth on the Front Range, our
District usually experiences a significant reduction in revenue.
For most of 2018, based upon projections from the Department of Local Affairs (DOLA) we
anticipated that the Gallagher Amendment would result in an annual reduction of revenue of
approximately $370,000 or approximately 8% of our General Fund revenue due to a reduction in
the RAR from 7.20% to a projected RAR of 6.11%. In January, DOLA revised its draft estimate
and we now anticipate a reduction of approximately $77,000 based upon a projected RAR of
6.95% (DOLA cautions that this is only an estimate and that it is likely to change before the final
number is determined in April). While it appears that the District and other similar local districts
which are dependent upon property tax revenue will avoid a significant hit from Gallagher in 2020,

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Re: CRWCD Long Term Budget Planning
February 11, 2019
it is reasonable to predict that the Gallagher amendment and the declining RAR will continue to
negatively impact the District in the future.
FIGURE 1:

Residential Assessment Rate (RAR) Scenarios
25.00%

20.00%

Historical
10 Year Average
15.00%

5 Year Average
3 Year Average
Linear (Historical)

10.00%

5.00%

0.00%

In Figure 1, we have mapped the historic trend in RAR reduction and projected out three scenarios
based upon the ten, five and three year average growth in state wide residential and non-residential
valuations. You will note that the three year average decline in RAR is closest to the average
historic trend which is shown as the dotted light blue line. We believe that the three year trend in
RAR is the “most probable” future faced by our District if we do nothing. While we may avoid
immediate irreparable harm in 2020, the future trends in the RAR portend significant harm to our
District’s revenue stream.
As you have read in memos from Chris and Zane over the past six months, our General Assembly
did convene an interim committee to study remedies to the problem posed by Gallagher and the
related impacts from TABOR. While the committee did study several solutions, none of them seem

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Re: CRWCD Long Term Budget Planning
February 11, 2019
realistic in today’s political climate and one of the most promising (regionalization of the RAR)
of them appears to pose an even greater potential to harm our District’s revenue stream than the
status quo.
The downward trend in RAR has recently had an even greater impact on our District due to the
decline in valuation and tax revenue coming from fossil fuel extraction and the related decline in
energy production. This issue is addressed in greater detail below, but it is important to point out
that as the assessed value of energy production declines in our District, our residential property
values become a greater percentage of our overall tax base and if the residential net valuation
continues to decline due to the statewide reduction in RAR, the Gallagher amendment will have
an exaggerated negative impact on our revenues.
Many rural special districts have sought relief from the effects of Gallagher at the ballot box. The
vast majority have been successful. Approaches have ranged from getting voter approval to freeze
a district’s RAR, to authorizing the district governing body to adjust its mill levy as necessary to
offset the decline in the RAR, to raising the district’s authorized mill levy.
III.

Taxpayer Bill of Rights (TABOR)

TABOR is a complex piece of constitutional law enacted by the electorate in 1992.i For the
purposes of our discussion, we will try to focus on two limitations it contains: 1. The “tax rate
limitation” or “mill levy limitation” and, 2. The “revenue limitation”. Both of these caps have
historically and will continue to impact the District’s revenue stream.
The tax rate cap is probably the most well understood limitation on our District’s finances.
Pursuant to TABOR, our District cannot raise its tax rate without voter approval. Due to the
revenue cap contained in TABOR, our revenues are not permitted to grow beyond a rate equal to
inflation plus local growth. In times where the growth in net assessed valuation within the District
grows greater than this permitted factor, the District has provided a credit to taxpayers in the form
of a temporary reduction in its authorized mill levy. In 1937, the General Assembly gave the
District Board the authority to set its mill levy up to 2.5 mills. Today, largely because of TABOR,
our mill levy is capped at .252 mills. We have not been able to uncover the complete historical
record of our District’s mill levy rate, however, Figure 2 below depicts the District’s effective mill
levy rate since 1992.

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Re: CRWCD Long Term Budget Planning
February 11, 2019

Figure 2.

0.450
0.400
0.350
0.300
0.250
0.200
0.150
0.100
0.050
0.000

.394 .394 .394 .394 .383
.343
.228 .242

.254 .254 .244 .253 .254 .256

Year

Between 1992 and 2005 the District reduced its mill levy from .394 to .252 in order to avoid
violating the TABOR revenue cap. By permanently reducing its mill levy during these times, our
District’s tax rate was permanently ratcheted down and may not be raised above that rate without
a vote of the electorate. In 2005, the District Board, in keeping with statewide interpretation of
TABOR instituted the use of a temporary tax credit in order to prevent any further permanent
reduction in the District’s mill levy. That temporary tax credit was largest in 2010 and due to a
slowdown in economic activity in the District was eliminated by 2014. Under TABOR, unless a
majority of our electors vote to raise our mill levy it is capped at .252 (with only small temporary
upward adjustments due to prior year tax abatements and/or refunds, which explains why the
effective mill levy for 2018 was .256). This tax rate cap has impacts in years like 2014 when but
for the tax rate cap, TABOR’s revenue cap would have allowed our tax rate to increase by growth
plus inflation to a rate of .291. The net effect of the TABOR tax rate cap is that in times of moderate
to high inflation and growth, our District’s revenues are prevented from growing with that inflation
plus growth factor. The resultant effect of these caps has been and threatens to continue to be a
diminishing of the District’s ability to provide services to our growing population and to our ability
to successfully achieve our mission of developing and protecting our District’s water resources.
In addition to impacting our District’s ability to truly keep pace with the growth in our District’s
net valuation, TABOR’s revenue cap has an additional impact on the River District’s ability to
assist our constituents. Contained within the definition of “revenue” are grants from state and/or
local governments. It is the revenue cap on our General Fund which keeps us in most years from
accepting state or other local government grants into our General Fund. With respect to our
Enterprise, we do have the ability to accept grants so long as the total amount does not exceed 10%
of our total Enterprise revenue. (See, Endnote i). Over the past twenty years, primarily due to
revenue from the Denver lease payments for Wolford, we have had reasonable “TABOR capacity”
in our Enterprise and we have been able to accept state grants to assist our local constituent water
users on major projects by doing so. Unfortunately the TABOR capacity of our Enterprise will be

2018

2017

2016

2015

2014

2013

2012

2011

.188

2010

.165

2009

2008

.191 .199

2007

2006

2005

.230 .221

2004

2003

.253 .255 .252

2002

2001

.281 .283

2000

1999

1998

1997

1996

1995

1994

1993

1992

.307 .307

1991

Mill Levy

CRWCD Historical Mill Levy

 Page 6 of 14

Re: CRWCD Long Term Budget Planning
February 11, 2019
greatly diminished as a result of cessation of lease payments from Denver in mid-2020. Figure 3
below depicts the historic and future Enterprise revenue and TABOR capacity.
Figure 3.

Enterprise TABOR Grant Capacity (10% of Enterprise Revenue)
1,200,000

1,000,000

800,000

600,000

400,000

200,000

2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040

-

As the Board is aware, much of our District’s best work in recent years has been performed by
acting as a catalyst for our local water users. We have been able to create an outsize impact for our
water users through leveraging outside funding, often state grants, to assist our water users in
everything from the Gunnison basin selenium and salt reduction effort, to acting as fiscal agents
for water plan funding grants in the Yampa, White and Green Basin Roundtable, to leading the
charge in a cloud seeding program. Our ability to continue to lead through these types of
partnerships is tremendously impacted by the TABOR revenue cap.
Local governments throughout Colorado have adopted a variety of mechanisms to modify the
negative impacts of TABOR. Some governments have asked voters to for authority to raise their
mill levy and exempt their revenue stream from the revenue/spending limitations contained in
TABOR. Other government bodies have sought out and received voter approval to remove the
revenue/spending limitations contained in TABOR and other governments have sought limited
exemptions from TABOR to allow them to accept state and local grants that are in excess of the
revenue/spending caps in TABOR.
IV.

DECLINE IN ENERGY RELATED REVENUES

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Re: CRWCD Long Term Budget Planning
February 11, 2019
Our General Fund at the District does not have a diversified income stream. Over 97% of our
revenue is derived from tax on real property which includes the value of fossil fuel reserves and
production as well as the value of the related coal fired power plants. Over the decades, this has
meant that our District’s assessed valuations, like many other public entities, has been subject to
same variation as the local real property and energy sectors. Over the last ten years, we have seen
a significant downward trend in the assessed valuation of oil and gas and coal within our District.
See, Figures 4 and 5.
Figure 4.

Total Oil & Gas Assessed Values
6,000,000,000
4,000,000,000
2,000,000,000
-

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

Figure 5.

Total Coal Assessed Values
300,000,000
200,000,000
100,000,000
2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

Over the last ten years we have seen the contributions to the District’s tax revenue from oil, gas
and coal production go from a high of 24% in 2013 to a low of 11% in 2018. It appears that market
forces have combined with a significant national, state and local trend toward renewable energy
production that poses a risk to the long-term viability of coal fired power plants within the District.
The Governor currently is calling for Colorado’s electric energy sector to be 100% renewable by
2040, Xcel Energy is planning for a 100% renewable future by 2050, and even some of our local
West Slope co-ops such as Holy Cross and DMEA are planning to be 100% renewable within a
few decades. The owners of the Craig stations and the Hayden electric plants have all announced
plans for partial or complete decommissioning of these plants in the foreseeable future.
The Piceance Basin is the District’s largest source of tax revenue from oil and gas production. The
production in the basin largely comes from natural gas. The current and likely future supply of
natural gas on the global market appears unlikely to decrease anytime in the near future and
unfortunately, there have been major reserves, such as the Permian Basin in Texas and New
Mexico which have come on line in the last few years that can get their product to market easily
and produce natural gas at much cheaper cost than the Piceance Basin. There are major reasons to

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Re: CRWCD Long Term Budget Planning
February 11, 2019
be concerned that the downward trend in tax revenue coming from oil and gas production in the
District will continue for the foreseeable future.
Without wading into the hotly charged political debate around climate change and the motivation
for these power companies and governments to be setting goals around reduction in fossil fuel
energy production, it is important for those of us who are charged with the financial stability and
success of the District to recognize the potential if not likely impacts these discussions and actions
will have upon our District’s revenue. Essentially, we must plan for the worst case scenario from
a revenue perspective. If we project the recent declining trend into the future, combined with
pronouncements like those of Governor Polis and Xcel Energy, we can see a time in the relatively
near future where we will receive very little to no significant revenue from this sector of our
economy. See, Figure 6.
In light of the significant challenges to District’s future tax and revenue picture created by
Gallagher and TABOR the decline of a significant property tax sector, will likely compound
existing revenue challenges at the District. If we were a private enterprise, our fiscal advisors
would tell us that we need to consider diversifying our income stream in order to weather likely
future economic storms.
Figure 6.

Fossil Fuel Tax Collections
Historical

Projected

Linear (Historical)

Linear (Projected)

1,200,000
1,000,000
800,000
600,000
400,000
200,000

2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040

-

V.

EXPENSE TRENDS WITHIN THE DISTRICT

As referenced in the introduction, the District management team has kept growth in expenses to a
rate of 3% over the last eleven years. The rate is only slightly higher than inflation over the same
period (2.36%). The increase in expenses is driven largely by the increase in costs related to
employee compensation including and especially the costs of non-monetary compensation
including health insurance. The increase in expenses in our employee benefits has been between

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Re: CRWCD Long Term Budget Planning
February 11, 2019
4 and 5% during this ten year period, significantly below the national, state and local trends in the
increase in the cost of health insurance. District management eliminated a position in 2018
(Deputy General Manager), and is pursuing the reduction of three to four more full time positions
in 2019. While these reductions are necessary, they do not present a long term remedy due to the
fact that expenses will continue to increase at a greater rate than revenues due to the combined
impact of TABOR and Gallagher.
In Figure 7 below you will find what we believe to be the most probable scenario in terms of
growth in District revenue versus growth in District expenses if no action is taken to seek relief
from the combined impact of TABOR and Gallagher. Figure 7 uses our the historical five year
growth rates for both state wide residential growth (6.10%) and local growth (.718%) and assumes
a steady District mill levy of .252 mills to project out into the future. At our meeting on Friday,
we can model different growth rates in revenue to show the impact of increased local growth and/or
the potential relief offered by removing the constraints of Gallagher and/or TABOR on the District
revenue stream.
Figure 7.

General Fund Revenue (5 Year Historical Trend) and Expenses
8,000,000
7,000,000
6,000,000
5,000,000
4,000,000
3,000,000

2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019 Budget
2020 Budget
2021 Est.
2022 Est.
2023 Est.
2024 Est.
2025 Est.
2026 Est.
2027 Est.
2028 Est.
2029 Est.
2030 Est.
2031 Est.
2032 Est.
2033 Est.
2034 Est.
2035 Est.
2036 Est.
2037 Est.
2038 Est.
2039 Est.
2040 Est.

2,000,000

Historical Revenue

VI.

5 Year Historical Trend

Expenses

THE ECONOMIC FUTURE OF THE ENTERPRISE

ENTERPRISE OPERATIONS.
After Denver Water’s final $1.5M lease payment in January 2020, without new revenue sources,
Enterprise operations likely will start to run in the red and spending down cash reserves. This is
dramatically depicted in Figure 8 where cash reserves are essentially depleted by 2040. In this
figure the projections assume;
1. No growth in contracted M&I water volume,
2. 3% annual growth water contract revenue, and
3. 3% growth in Enterprise expenses.

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Re: CRWCD Long Term Budget Planning
February 11, 2019

Figure 8.

$9

Millions

$30
$25

$7
$20

$5
$3

$15

$1

$10

-$1 2014 2016 2018 2020 2022 2024 2026 2028 2030 2032 2034 2036 2038 2040

End of Yr. Reserve Balance

Revenue, Expense and Net Income Dollars

Millions

Projected Most Probable Enterprise Cash Flow
$11

$5

-$3
-$5

Axis Title

Revenue

Expenses

Net

$0
End of Yr. Reserve Balance

What are the options for reversing this dire trend so the Enterprise operates in the black?
1. Reduce operation, maintenance and replacement expenses.
2. Reduce personnel cost allocated to the Enterprise.
3. Creatively increase water marketing.
Each of these is discussed briefly below:
Reduce operation and maintenance expenses.
We will always be looking for ways to responsibly manage OM&R expenses. The fact, however,
is that it is very difficult to significantly reduce these costs while striving to maintain fully
functional, safe, permit compliant facilities.
Reduce personnel cost allocated to the Enterprise.
Currently most River District personnel costs are allocated 25% to the Enterprise and 75% to the
General Fund. Certain personnel costs such as the Wolford caretakers are appropriately allocated

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Re: CRWCD Long Term Budget Planning
February 11, 2019
100% to the Enterprise. Overall, 30% of the River District personnel cost is allocated to the
Enterprise. In the 2019 budget this totals $1.17M or, effectively, 7 FTEs, 2 caretakers at Wolford
and 5 Glenwood staff. If the Enterprise were a standalone operation and effectively walled off
from General Fund operation these personnel costs could and would likely be reduced.
BUT there is an obvious General Fund impact. Shifting personnel cost away from the Enterprise
back to the General Fund simply exacerbates General Fund solvency issues.
Creatively increase water marketing.
The volume of water (Acre Feet) available and contracted from the marketing pool is summarized
in the following table:
Figure 9.
Source

Available

Contracted

Pending

Remaining

Wolford
Ruedi*
Eagle Park
Elkhead**
TOTAL AF

8,100
11,413
432
4,457
24,402

3,038
5,263
254
100
8,655

0
0
0
0
0

5,062
6,150
178
4,357
15,747

Right
of
Refusals

900

900

Remaining
w/ ROR &
Pending
5,062
5,250
178
4,357
14,847

The historical marketing trends are shown in the Figure 10 below. Wolford contracts have
decreased since 2009. Ruedi contracts have been flat or decreased since 2013. The exception is the
one year lease of 3,500 AF to the CWCB at the end of 2018 for in-channel uses on the FryingPan.
Staff believes that growth in the M&I sector will be slow in the foreseeable future for several
reasons: 1) Municipal entities that could benefit from either Ruedi or Wolford water are already
well situated for the foreseeable future through existing Ruedi and Wolford contracts and, 2)
energy demands are expected to remain modest or potentially decline as the principal use for our
marketing pool by industry has been for frac water and ancillary uses. Again, absent some large
scale industrial demand (historically oil shale development) demands are expected to be flat.
There is a growing trend and acceptance for paying market rates for in-channel water. Evidence
is the 3,500 AF lease to the CWCB as well as prices paid for various non-diversion agreements in
recent years. Staff recommends that the Enterprise pursue creative ways to monetize our
marketable yield for in-channel beneficial uses while preserving our ability to meet M&I demands
when they arise. As depicted in the table shown above as Figure 9, there is sufficient volume in
the marketing pool to do both. Figure 11 depicts a break even situation (variation on figure 8) in
the Enterprise with additional water marketing. The amount of additional water marketing revenue
required ranges from $623,000 in 2022 to $1,200,000 in 2040.

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Re: CRWCD Long Term Budget Planning
February 11, 2019
Figure 10.

Enterprise Cash Flow

$9

$30
$25

Millions

$11

$7

$20

$5
$3

$15

$1

$10

-$1
$5

-$3
-$5
Revenue

Expenses

Axis Title

Net

$0
End of Yr. Reserve Balance

End of Yr. Reserve Balance

Revenue, Expense and Net Income Dollars Millions

Figure 11.

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Re: CRWCD Long Term Budget Planning
February 11, 2019
Currently staff is discussing some creative in-channel contracts and will, when the time is ripe,
be bringing one or more of these to the Board for further discussion.

VII.

STRATEGIES FOR THE FUTURE

The purpose of this memorandum was not to depress our dedicated Board members. We are hoping
to use this memorandum and our presentation during the Board meeting to stimulate a discussion
regarding potential remedies to these long term financial issues and, if deemed appropriate by the
Board, to receive preliminary direction regarding potential ballot questions in 2019 or beyond.
There are several areas that we believe the Board should explore at our workshop. These include
but are not limited to the following:
1. Ballot question to mitigate the impacts of Gallagher
a. Ask the voters to set the RAR permanently for the District;
b. Ask the voters to authorize the Board to adjust the mill levy annually to offset the
impacts of a reduced RAR; or
c. Ask the voters to raise the mill levy.
2. Ballot question to mitigate the revenue/spending limitation and/or tax rate cap in TABOR
a. Ask the voters to remove the revenue/spending limitation of TABOR;
b. Ask the voters to raise the District mill levy and remove the revenue limitation; or
c. Ask the voters to remove the revenue/spending limitation only as it applies to state
grant funding.
3. A ballot question containing a mix of A and B above.
4. Form a Sub-district in the headwaters counties to fund certain activities related to River
Health, increased irrigation efficiency and conservation.
5. Consider seeking legislative authority in the future to diversify the District’s tax revenue
in light of decreasing revenue from energy production and the Gallagher amendment.
a. Is sales tax authority an option?
b. Lodging tax?
c. Bottle tax?
d. Sin tax?
6. Take no affirmative action and direct District management to continue to reduce
expenditures and workforce (and related service to our constituents) to accommodate
reduction in revenue.
Staff will have financial and demographic information related to these options to present to the
Board in order to inform the discussion.

We look forward to a lively discussion on Friday. Thank you.

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Re: CRWCD Long Term Budget Planning
February 11, 2019
The Colorado Constitution was amended to include TABOR in 1992. TABOR’s stated
purpose is to restrain the growth of government by limiting revenue, spending, and debt incurred
by local and state governments. Colo. Const., Art. X, Section 20(1). TABOR is applicable to
“Districts”. Districts are defined as: “…the state or any local government, excluding enterprises.
Id. at Section 20 (2)(b). TABOR requires each local government to establish a revenue and
spending base, based on past revenue and spending, and then monitor any year-to-year growth in
that base. A district’s “fiscal year spending” is only allowed to increase at the same rate as inflation
plus annual local growth. Any additional increase in revenue, spending or debt beyond the
established base by a local government requires approval of the voters. Any “frivolous Revenue
collected, kept, or spent illegally” over the previous four years must be refunded with 10% annual
interest. Id.
i

“Fiscal year spending” is defined as “all district expenditures and reserve increases except,
as to both, those for refunds made in the current or next fiscal year or those from gifts, federal
funds, collections for another government, pension contributions by employees and pension fund
earnings, reserve transfers or expenditures, damage awards or property sales.” Id. at (2)(e).
Although the language of TABOR speaks to distinct limits on “Fiscal year spending” (e.g., Section
20(7) is titled “Spending limits”), the Colorado Municipal League believes that those provisions
are better read in the context of annual fiscal year revenue limitations instead of spending limits.
See, CML’s A Guide to the Taxpayers Bill of Rights (1999) (“CML”) at 16. The justification for
this interpretation is that, under TABOR, fiscal year spending equates each dollar of spending with
a dollar of revenue. See, Section 20 (2)(e). In other words, each dollar of revenue received by a
district during the fiscal year is considered fiscal year spending under TABOR. Therefore, the
River District carefully tracks all revenue collected to ensure that, where applicable, its fiscal year
spending limitations under TABOR are not exceeded.
As noted above, the definition of “districts” under TABOR does not include enterprises. TABOR
defines an enterprise as : “…a government owned business authorized to issue its own revenue
bonds and receiving under 10% of annual revenue in grants from all Colorado state and local
governments combined.” Id. at (2)(d). TABOR does not define “grants.”

 MEMORANDUM
TO:

BOARD OF DIRECTORS

FROM:

DAVE “DK” KANZER, P.E. & DON MEYER, P.E.

SUBJECT:

COLORADO RIVER BASIN WATER SUPPLY CONDITIONS UPDATE

DATE:

JANUARY 6, 2020

GO BACK

NO ACTION: Informational status report on water supply conditions for Colorado River Basin
No action is requested
STRATEGIC INITIATIVE(S):
3. B. The River District will engage in support efforts aimed at understanding climate change
and how it may affect water supplies.
3. C. The River District will engage in and support water supply planning efforts, local and
regional, which include adapting to climate change impacts.
This memorandum provides a description of Colorado River Basin (CRB) water supply conditions
for the current water year (2020) with some detailed information on River District sub-basin
outlooks and brief reviews.
Colorado River Basin Hydrology and 2020 Water Supply Outlook
At the beginning of the new decade, Colorado River Basin hydrologists are cautiously optimistic
with good snowpack conditions in the Upper Basin, (Figure 1), and decreased demands in the
Lower Basin. However, poor regional soil moisture conditions are tempering water supply
expectations after a very hot and dry summer and fall 2019. In fact, recent drought monitor reports
still categorize much of southern and western Colorado as being under moderate to severe drought
conditions (https://droughtmonitor.unl.edu/CurrentMap/StateDroughtMonitor.aspx?CO).
However, although it is early in the snowpack accumulation season, it appears that the ‘flash
drought’ conditions that had affected a large portion of the Basin may be fading, with the hydroclimatic pendulum swinging back towards center, hopefully bringing near average water supply
conditions to the CRB. Snow-water equivalent (SWE) levels are at average to above average
levels, as compared to the last 30 years. Aside from Lake Powell, reservoir storage conditions are
also in good shape. Additional details are provided below for specific sub basins and facilities in
the River District.
Early winter snow conditions at individual Snotel sites in the Colorado River Basin as a percent
of average are shown in the left panel of Figure 2. As a result of legacy soil moisture deficits
970.945.8522

201 Centennial Street   PO Box 1120
Glenwood Springs, CO 81602

ColoradoRiverDistrict.org

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 2 of 13

middle panel, Figure 2), the total water year unregulated inflow volume into Lake Powell was
projected to be below average at 5.9 MAF or 82% of the long term average April-July runoff based
upon preliminary (January 1) snowpack conditions. There is significant uncertainty as conditions
can change rapidly as we enter into the heart of snowpack development season. The Colorado
Basin River Forecast Center (CBRFC) April-July Water Supply Forecasts for January, at right in
Figure 2 continue to reflect average and below average runoff at various nodes, with Powell runoff
volume predicted to be 85 percent of average (based upon Ensemble Streamflow Prediction model
January 3, 2020).
Based upon USBR operational projections for Lakes Powell and Mead (December 2019 24-month
study) suggests that there will be a 8.23 MAF release from Glen Canyon Dam at Lake Powell for
Water Year 2020, as governed by the Interim Guidelines. This operation is a result of Lake Powell
being in the “Upper Balancing Tier” and Drought Contingency Plan (Tier 0) operations in the
Lower Basin (241 MAF of decreased deliveries from Lake Mead for downstream contractors and
Mexico). This is a significant change from the previous five years of 9.0 MAF releases. However,
by agreement, this provisional release schedule will be re-assessed and there may be an “April
adjustment” after considering the April 1, 2020 inflow forecast.
Additional, updated information and relevant updates may be available and presented at the Board
meeting, as appropriate.

Figure 1: Graph of Snow Water Equivalent above Lake Powell as Compared to Water Year
2019 and 30-year median

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 3 of 13

Figure 2: Elements of early season water supply conditions for the Colorado River Basin as
shown from left to right by snowpack, or snow water equivalent (SWE), basin moisture, or soil
moisture deficit, and resulting water supply forecasts for early January (cbrfc.noaa.gov)
Temperature and Precipitation Outlook
Looking forward, the three-month outlook for temperature and precipitation (Figure 3) is a bit
uncertain for the CRB and western Colorado with a tilt towards warmer than average conditions
throughout the lower portions of the Basin and a propensity for wetter conditions to the northern
sections of the CRB (Climate Prediction Center; December 19, 2019).
Maybe the best outlook is from northern California, where much of that state’s water supply arises,
in the Sierra. The balance of water supplies for southern California comes from the CRB and since
California has the largest allotment of Colorado River basin water, the outlook for California’s
water supply conditions can strongly influence the CRB and related reservoir operations.
With good projections for the Sierra snowpack, current outlooks suggest that there should not be
a return to drought conditions in 2020 as shown in Figure 4 – Seasonal Drought Outlook. If this
pans out, significantly decreased deliveries from Lake Mead may continue under the Drought
Contingency Plan (DCP). In 2019, California consumed less Colorado River Water than any time
since 1950 (total draw of 3.86 of 4.4 MAF allocation). Such enhanced conservation was made
possible in part by good water supplies in the California Water Project that imports water from the
Sierra, as well as aggressive conservation under “Tier 0” of the DCP.
Now in effect as of the first of the year, DCP reductions from Arizona, Nevada and the Republic
of Mexico (totaling 241,000 acre-feet of decreased releases in 2020), should further help to
stabilize Lake Mead water storage levels.

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 4 of 13

Figure 3: NOAA Three Month Temperature and Precipitation Outlook

Figure 4: Seasonal Drought Outlook for US

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 5 of 13

Upper Colorado River Basin within Colorado and Wolford Operations
The dry summer and fall of 2019 caused concerns for the upcoming runoff season throughout the
basin, but with return to more average precipitation, the planning models are suggesting near
normal inflow conditions to the north and below average conditions to the south for important
basin reservoir storage facilities. Figure 5 shows a return to average streamflow conditions on
the Colorado River near Cameo, with reduced flows during recent cold spells.

Figure 5: Colorado River Stream flows in cubic feet per second near Cameo in blue compared
to median flows shown by triangles (USGS)
The current snowpack levels in the Muddy Creek Basin above Wolford Reservoir, as shown in
Figure 6, are comparable to 2019 and above those of 2018 for this point in time (1/3/20). At this
early stage the CBRFC predicts an unregulated runoff volume of 104 percent of average into
Wolford. Unregulated runoff volumes above Dotsero and Cameo are predicted to be only 93 and
71 percent of average, respectively.

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 6 of 13

Figure 6: Muddy Creek Basin Snowpack Levels as Measured by NRCS Snotel Stations
Looking back to 2019, Wolford Mountain Reservoir operations are shown in Figure 7. AprilJuly runoff volume was 68,700 acre-feet or 127 percent of average, more than sufficient to fill
the half-empty reservoir and to spill for 53 days, allowing for multiple extraordinary
maintenance activities. This is contrasted sharply with 2018 reservoir levels that were drawn
down in late July and had a shorter ‘spill season’.

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 7 of 13

Figure 7: 2019 Wolford Mountain Reservoir Operations (Colorado River District)

Yampa River Basin and Elkhead Reservoir
The current snowpack in Elkhead Creek Basin, above Elkhead Reservoir, is way ahead of 2018
and about 130% of median as shown in Figure 8. Currently, the CBRFC predicts an unregulated
runoff volume of 101 percent of average into Elkhead Reservoir.
Overall, the Yampa River Basin snowpack conditions are slightly better than Elkhead Creek,
with the CBRFC predicting 101 percent of average runoff volume at Deerlodge Park (1/6/20).

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 8 of 13

Figure 8: Elkhead Creek Basin Snowpack (as measured by NRCS Snotel)

Figure 6 shows how Elkhead Reservoir operations played out in 2019. The observed April
through July inflow volume was 86,300 acre-feet or 118 percent of average. Releases were
made in the late season to support flow levels in the lower Yampa River.
Figure 7 shows recent gaged flows at Yampa River near Maybell with near average winter flow
levels as compared to the long term (103 years) median at this location.

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 9 of 13

Figure 6: 2019 Elkhead Reservoir Operations (Colorado River District)

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 10 of 13

Figure 7: Yampa River Streamflows near Maybell (shown in blue line) are near normal as
compared to the long term (103 year) median flows (shown by triangles).

Gunnison River Hydrology and Reservoir Operations
After a near miraculous recovery from record low reservoir storage lows, due to above average
snowpack levels in 2019, and with near average snowpack conditions to date in the West Elk and
Collegiate Mountains (as shown in Figure 8), the Aspinall Unit (1/6/20 forecast of unregulated
inflow of 87%) and Upper Basin reservoirs are projected to operate in the normal ranges in 2020
at this early juncture, suggesting a near full supply for Gunnison water users in 2020.
Looking back at the 2019 water year, Figure 9 shows Gunnison River annual streamflow
hydrograph above Grand Junction at Whitewater. This seasonal plot reflects late runoff, peak
enhancement operations from Aspinall Unit (pursuant to the ‘Record of Decision’ flows) and
above average base flows into the winter season.
High reservoir conditions and average hydrology continue to help support above average flow
conditions near the mouth of the River, above Grand Junction, through the present, with higher
than average releases for this time of year. This is shown in Figure 10.

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 11 of 13

Figure 8: Current snowpack conditions for 2020 (as shown in blue) in the Gunnison River Basin
are tracking along the long term (approximately 30 year) median levels as shown by an index of
12 NRCS Snotel sites

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 12 of 13

Figure 9: Water Year Operations for 2019 were characterized by high peak and baseflows as
shown by Gunnison River stream flows near at Whitewater, Colorado near Grand Junction.

 WATER SUPPLY CONDITIONS UPDATE – WINTER 2020
January 6, 2020

Page 13 of 13

Figure 10: Stream flows in the Gunnison River at Whitewater near Grand Junction (shown in
blue) continue to be above the long term (109 years) median levels (orange triangles)

 MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD
ANDY MUELLER, GENERAL MANAGER
JOHN CURRIER, CHIEF ENGINEE

FROM:

MIKE EYTEL, SENIOR WATER RESOURCE SPECIALIST

SUBJECT:

PHREATOPHYTE CONTROL AND THE PARADOX PLANT (TAMARISK) GO BACK

DATE:
JANUARY 10, 2020
ACTIONS:
No action requested. This report is provided as an update to the Board of Directors on the
current status of phreatophyte control as a way to increase water supply.
STRATEGIC INITIATIVE(S):
1. Outreach and Advocacy
3. Climate and Hydrologic Uncertainty
4. Colorado River Supplies:
9. Water Efficiency and Conservation
10. Water Quality

_____________________________________________________________________________
Removing phreatophytes from riparian areas, and thereby reducing consumptive use, is commonly
considered an effective method of increasing water supply. But how effective is it really? This
memorandum reviews the “state of the science” with a focus on tamarisk. As an invasive species,
tamarisk has received most of the phreatophyte removal attention in the Colorado River Basin over
the past 70 years. In summary basin-wide scale tamarisk removal may slightly increase water
supplies but the amounts are slight compared to the overall consumptive use in the Colorado River
Basin.
Background
Phreatophytes are deep-rooted plants that access a substantial portion of their water needs from
the phreatic zone or groundwater. Generally associated with riparian corridors, phreatophytes are
adaptable and may also be found in uplands and in areas with marginal soils. These types of plants
are capable of developing tap roots 20 - 30 feet or greater in length depending on depth to
groundwater. There are more than seventy plant species classified as phreatophytes such as
pickleweed, rabbitbrush, salt grass, alfalfa, cottonwood, willow, greasewood, salt cedar (aka

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 Phreatophyte Control
January 9, 2020
Page 2 of 3
tamarisk), and Russian olive. This memorandum deals primarily with Tamarisk aka “the paradox
plant,” since tamarix is the most prevalent invasive phreatophyte in the Colorado River Basin.
Like kudzu in the south, the “tamarix” genus (50 – 60 species) or “tamarisk” was introduced to the
United States in the early 19th century from Eurasia as an ornamental shrub for windbreaks, shade,
and erosion control. It was commonly planted for erosion control during the dust bowl. There are
both evergreen and deciduous species in the U.S. The deciduous species are often referred to as a
“paradoxical plant” from its selection theory and longevity, as it disperses many offspring (seeds)
and can live for more than 100 years. Tamarix is highly drought tolerant, tolerates saline soils, and
uses both surface and groundwater. These traits allow Tamarix to take advantage of environmental
stressors and anthropogenically modified hydrology in the arid west to out-compete native
vegetation. 1 Since its introduction into the arid southwest, tamarix now occupies more than
250,000 acres in the Colorado River Basin. 2
Water saved by Tamarisk Removal
“Tamarisk” has often been villainized for its rampant thirst for water. Early studies grossly overstated high rates of evapotranspiration (ET) up to 4 - 7 acre-feet per acre with little consideration
of native fauna ET. Not to mention lower ET’s were often measured but also given little
consideration. This left the impression that clearing tamarisk would yield large volumes of water.
The plants basin wide ET was often compared to the annual consumptive use of three times the
household use of Los Angeles. 3 Estimates in 1961, in Arizona, California, New Mexico, Nevada,
Utah, and Colorado were that phreatophytes consume between 10 - 12 million acre-feet annually. 4
These studies led the way for the water salvage eradication of tamarix effort from the 1950’s
through the1980’s.
What these early studies all failed to note was ET rates are highly variable and dependent on many
external factors, like water availability, elevation, temperature, soil morphology, and climatic
conditions. All of which are difficult to accurately measure in the field. As methods to estimate
ET improved, so did our understanding of overall riparian water consumption on a basin wide
scale. These newer studies show basin-wide ET is relatively constant regardless of prevalence of
tamarix. 5 In certain upland areas, removal of Tamarix along with revegetation of more xeric plant
tpes may yield a small amount of salvage water, even though replacement in riparian areas
generally results in minimal or no water savings once native vegetation is reestablished. Any
water supply gained by large scale removal of tamarix is temporary and nearly the same once
native revegetation is established.

1

Invasion and Restoration of Western Rivers Dominated by Tamarix. Hisham N El Waer. USDA Forest Service
RMRS-GTR-377. 2018.
2
Tamarix Coalition. Colorado River Basin Tamarisk and Russian Olive Assessment. December 2009.
3
Millar, H. 2004. When aliens attack. Sierra July/August 30–39, 63.
4
Blaney, H. 1961. Consumptive Use and Water By Phreatophytes in Western United States. USDA.
5
Nagler, P. L., R. Scott, C. Westenburg, J. Cleverly, E. Glenn, and A. Huete. 2005b. Evapotranspiration on western
U.S. rivers estimated using the enhanced vegetation index from MODIS and data from eddy covariance and Bowen
ratio flux towers. Remote Sensing of Environment 97:337–351.

 Phreatophyte Control
January 9, 2020
Page 3 of 3
Yes, large scale phreatophyte removal will yield some water. However, the results are generally
costly, temporary, and difficult to predict. Restoration costs vary widely and are largely dependent
on the width and density of tamarisk infestation. Revegetation costs range from $0 for natural
regeneration up to $1,500 per acre for major restoration efforts. Saline soils can significantly
increase revegetation costs. The Colorado River Basin Water Supply and Demand Study in 2012
cited conversion of 60,000 acres of tamarisk at a cost of $400 per acre could yield up to 30,000
acre-feet annually. This is a relatively small amount of water, considering the over-use in the lower
Colorado River Basin, 6 and the extent of invasion of tamarisk within the Colorado River Basin.
Conclusion
A better understanding of tamarix water budget and its effect on the environment has ushered in a
new era for tamarix. No longer demonized for its thirst, tamarix is now looked at for its value to
the ecosystem in some areas. Tamarix provides valuable ecosystem services to various species
within its habitat. 7 Current scientific thought is there are some populations of tamarix which are
detrimental and should be eradicated, while other populations should be supported. From a water
supply perspective in the Upper Colorado River Basin any restoration efforts related to tamarix
removal and riparian restoration should focus on site specific areas where the habitat and
ecosystem have been negatively impacted and should not be driven by the desire to increase yield
in the system. In functioning ecosystems with tamarix present doing nothing may be the right
solution. Ultimately tamarix removal is another tool in the toolbox for water demand reductions.
However, the decision to remove tamarix is more an issue about invasive species mitigation rather
than salvaging water.

6

Bureau of Reclamation. Colorado River Basin Water Supply and Demand Study. Table 2. Summary of
Representative Options.
7
Sher, Quigley 2013. Tamarix. A Case Study of Ecological Change In The American West.

 MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD

FROM:

MIKE EYTEL, SR WATER RESOURCE SPECIALIST

SUBJECT:

UPDATE ON WATER BANK WORKGROUP ACTIVITIES RELATED TO THE
SECONDARY ECONOMIC IMPACTS OF DEMAND MANAGEMENT STUDY

GO BACK

DATE:
JANUARY 10, 2020
ACTION: No Action Required.
STRATEGIC INITIATIVE(S):
4.C.) Colorado River Supplies - Continue to study mechanisms, such as Compact Water Bank and
Contingency Planning that include demand management…
6.A) Agricultural Water Use – Continue to study the concept of a voluntary and compensated water
bank in collaboration with other stakeholders to best preserve western Colorado agriculture.
6.B) Agricultural Water Use – Explore alternative transfer methods that allow agricultural water
users to benefit from the value of their water rights with the permanent transfer of the rights, and
without adverse impacts to the local communities and regional economy.
6.C) Agricultural Water Use – Work to ensure that the burden of demand reduction is shared across
all types of water use sectors, and that agricultural water rights, and agriculture itself, are not injured.

____________________________________________________________________________
Background:
The Colorado River District has been an active participant and leader in the Colorado River Water Bank
Work Group (WBWG) and is currently managing a 2019 Cost Share Agreement in support of a Study of
Impacts Associated with a Potential Upper Basin Demand Management Program with BBC Research &
Consulting. “This is a landscape level assessment of the scale of potential secondary economic impacts
from a potential demand” management program in Western Colorado.
Update:
1) The River District has entered into a contract with Key Communications, LLC to develop a website
dedicated to the current secondary economic impact study and the Colorado River Water Bank Work
Group web page.
2) BBC and the steering committee are currently reviewing the Draft Report and preparing comments.
The final report is due in early April 2020.
3) Second round of basin focus group meetings is currently slated for early 2020.
4) Developing a short list of next steps for analysis including developing and analyzing a wide range of
potential demand management scenarios. The WBWG is also addressing the location and crop type
of a potential demand management program.
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 MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD

FROM:

DAVE ‘DK’ KANZER, P.E., DEPUTY CHIEF ENGINEER

SUBJECT:

AUTHORIZATION REQUEST: USGS JOINT FUNDING AGREEMENT FOR 2020

GO BACK

DATE:
JANUARY 2, 2020
ACTIONS: Request delegated authority to the General Manager to enter into a joint funding
agreement (“JFA”) with the USGS, subject to review and approval by legal counsel, in the
amount of $555,597 to engage in cooperative water gauging and sampling activities in 2020.
The water quality and quantity monitoring activities as defined in the USGS JFA would commit
the River District to the amount of $555,597; this is consistent with the adopted 2020 budget.
Delegated authority is also requested for the General Manager to enter into agreements, subject
to review and approval by legal counsel, with cooperating partners for reimbursement of some
of the USGS gauging and sampling activities, estimated to be a total of $105,000.
STRATEGIC INITIATIVE(S):
2. A. The River District will increase its outreach efforts with water organizations and other
local organizations in the Gunnison, White and Yampa River basins. The goal will be to use
River District resources to help those basins address their consumptive and non-consumptive
water needs.
3. C. The River District will engage in and support water supply planning efforts, local and
regional, which include adapting to climate change impacts.
7. A. The River District will work proactively with District constituents and basin roundtables
to better quantify and refine both the consumptive and non-consumptive water needs, in
amount, location and timing, throughout the District, including projected needs that may
result from climate change.
7. C. The River District will look for opportunities where its efforts are needed as a catalyst to
help in‐District interests plan for and meet their water needs in a manner that is consistent
with the District’s compact contingency planning goals and objectives.
10. A. The River District will proactively convene and facilitate, as needed, local stakeholder
groups to address local and regional water quality concerns to protect against regulatory
actions.
_____________________________________________________________________________
Background
For almost 30 years. the Colorado River District has been cooperating with the USGS and local
partners to collect, analyze and publish water quality and quantity data across the River District to
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 Subject: Authorization Request: USGS Joint Funding Agreement for 2020
January 2, 2020
Page 2 of 2
support water resource planning, management and to inform decision making. These USGS data
products are highly valued by water resource managers and water users across the District and
west wide because they are publicly-available, unbiased, data that are subject to rigorous, state-ofthe-art, quality-controlled and peer-reviewed protocols.
The CRD-USGS cooperative water program continues to be the largest such program in the State
of Colorado and it represents the largest single River District budget item, programmed to be
$555,597 in 2020 calendar year (this includes stream gaging, water quality sampling and
continuous monitoring of temperature and specific conductivity at different locations across the
River District).
All cooperative monitoring and assessment activities are detailed in annual Joint Funding
Agreements (JFAs) that specify the cost, frequency, location, parameters collected, and
technologies employed. The JFAs also summarize the cost-sharing details (i.e., the USGS
generally provides about 30% of total funding and the River District and partners provide the rest
of the funding – approximately 70% of total).
The cooperative monitoring programs are reviewed every year to ensure that CRD strategic
initiative objectives are being met and help constituent groups (e.g., conservancy districts,
watershed groups and local governments) understand and manage their water resources. All major
tributary sub-basins in the Colorado River District have active groups that coordinate water
resource data collection efforts to increase efficiency and reduce redundancy.
Specifically, River District staff works directly with groups in the Upper and Lower Gunnison, the
middle Colorado River, the Roaring Fork, the Eagle, the White and the Yampa River Basins to
optimize and to leverage USGS monitoring in these areas. Such coordination efforts have resulted
in significant contributions from these interested stakeholder group participants. These cooperative
funding partnerships should exceed $105,000 in 2020. Partnerships in the Eagle River watershed
make up almost two-thirds of this amount.
Proposed 2020 USGS Joint Funding Agreement Details
In 2020, the total cost of USGS activities as outlined in the JFA is $793,871 with a cost share of
$238,273 being provided by the USGS, which is approximately one third of the annual total
program expenditures. This makes the ‘customer cost’ equal to $555,597; this is further offset by
contributing partners who have committed to provide approximately $105,000 in 2020, providing
approximately 20% of the total ‘customer cost’. The River District’s enterprise and general funds
are due to pick up the balance of JFA activities of about $450,600, this represents about 51% of
the total annual program costs.
The financial details and specific monitoring and assessment activity details are reflected in the
2020 JFA and associated program spreadsheet tables; this information is summarized below.
Additional detailed information is available for your review upon request.

  

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MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD
ANDY MUELLER, GENERAL MANAGER

FROM:

AUDREY TURNER

SUBJECT:

HEALTH INSURANCE POLICY REVIEW GO BACK

DATE:
JANUARY 3, 2020
ACTIONS:
Informational update only. No action is requested of the Board at this time.
STRATEGIC INITIATIVE(S):
11. A. River District Staff Resources: The River District will seek to be an attractive and
competitive employer in the region, state, and water community. This includes maintaining, to
the best of its ability, a highly competitive compensation package and supporting the work-life
balance that is valued by the District and its employees.
_____________________________________________________________________________
Update Since October
In October 2019, I provided the Board with a rather grim update on our 2020 health insurance
premium increase. The Western Slope Health Care Group (WSHCG) experienced an
extraordinarily high claims year which resulted in the River District receiving a 23.6% increase in
premiums. With that large premium increase, the overall health insurance budget exceeded the
Board’s policy of 5%/year average increase. Per the Board’s policy which is attached to this memo
as Exhibit A, the General Manager determines how to distribute the cost increase (i.e., the amount
that exceeds a 5% annual average annual increase) among the employees. The first step was to
eliminate the River District’s customary annual contribution to employee’s Health Savings
Accounts (HSA). However, additional premium savings were still needed. District Management
determined that the River District would continue to cover one hundred percent of the premium
expense for employees on the lowest cost plan. We then created a progressive premium cost-share
formula for dependent coverage which took into consideration the cost of dependents’ premiums
and the employee’s annual salary.
Employees were provided their individual projected premium cost-share in late November and
were able to make dependent coverage and plan changes for 2020. The projected employee
premium cost-share ranged from $866 to $3,600 per year. In addition to the premium expense, the
family deductible on the High Deductible Health Plan (HDHP) is $5,000 per year. Employees on
the HDHP pay 100% of medical costs until the deductible is met and then the insurance pays
expenses over the deductible. If employees elect one of the higher cost traditional PPO plans, the
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 Health Insurance Policy Review
January 3, 2020
Page 2 of 3
additional employee premium contribution is up to $4,542 per year depending on the plan and
level of coverage. With the new premium cost-share information, we had a few employees who
voluntarily removed their spouses who have coverage available through their employers. With the
elimination of the District HSA contribution and the voluntary removal of several spouses we
anticipate the total River District premium expense increase in 2020 will fall within the budgeted
amount.
Background Information & Development of Current Policy
It’s no secret that rising health insurance costs have been a challenge for employers and individuals
nationwide over the last two decades, and the River District, being located in a region with some
of the nation’s most expensive healthcare, is no exception. In the late 1990s, the River District
worked with several other local special districts to form the Western Slope Health Care Group
(WSHCG). By joining forces, WSHCG was able to negotiate with insurance carriers as a large
employer which historically has had lower cost as the risk is spread across more members.
Participation in the WSHCG has been very beneficial for the River District and has likely saved
us from double digit premium increases every year that we would have experienced in the small
group market.
In 2010, staff worked with the Board President and Vice President to develop a policy on the health
insurance budget where previously the Board reviewed and approved specifics of health insurance
on an annual basis. Several options were explored and presented but ultimately in January 2011,
the Board adopted a policy of allowing for a 5% average increase in the health insurance budget
per employee using a 5-year running average. If, in any given year, the increase causes the 5%
average to be exceeded, the General Manager must take actions to keep the District’s cost increases
within the 5% by distributing the cost increase amongst the employees.
Since the adoption of the policy in 2011, there have been several actions implemented to mitigate
premium increases. WSHCG has increased deductibles, offered lower cost alternatives such as a
telemedicine option, and increased stop-loss amounts. Internally, the District has decreased the
health savings account contributions to employees over the years and we implemented a premium
contribution of $150/month for dependents over 19 in 2011.
During the last ten years, the District has kept the average increase to the health insurance budget
at 5%. As mentioned above, we have had to make changes to maintain that number. In the same
ten-year period, employees (assuming family insurance coverage and not taking into account the
employee contribution for dependents over 19) have experienced a 14% average increase in outof-pocket costs through increased deductibles and decreased HSA contributions.
The WSHCG average premium increase over the last ten years has been 7.5%.
Looking Ahead
As we’ve discussed with the Board for the last two years, WSHCG is facing an uncertain future.
With challenges brought by being in the most expensive region for health care costs in the nation
while continuing to offer a reasonably quality health plan for employees, WSHCG has not been
able to attract more districts. In fact, membership has declined over the last several years for a

 Health Insurance Policy Review
January 3, 2020
Page 3 of 3
variety of reasons. The executive committee of WSHCG will be meeting very regularly in early
2020 to determine the next steps for the group with the hopes of providing individual districts
plenty of time to make decisions for 2021.
I don’t anticipate health insurance to become any less volatile or challenging. The Board has long
recognized that offering affordable, quality health coverage to our employees is critical to meeting
our strategic initiatives in offering a competitive and comprehensive benefits package. It is likely
that as 2021 approaches, the District will be faced with a significant increase in health insurance
costs that will greatly exceed the Board’s current cost containment policy. If and when such
increases occur, it may be appropriate for the Board to revisit its policy.

 EXHIBIT A

Adopted: January 18, 2011
COLORADO RIVER WATER CONSERVATION DISTRICT
EMPLOYEE HEALTH INSURANCE POLICY
The River District Board recognizes that attracting and retaining excellent employees is essential
to accomplishing the mission of the River District. Successfully attracting and retaining quality
employees requires that the District offer competitive compensation packages to its employees.
A competitive total compensation package includes an accessible health insurance program and
the financial participation in that program by the District. The health insurance market is an
extremely volatile market primarily characterized by unpredictable but steep increases in cost.
This market condition causes uncertainty to the River District in its budget forecasting and
financial planning abilities and more importantly poses a threat to the ability of the District to
accomplish its core mission. The policy reflects both the commitment to providing a competitive
total compensation package to the employees as well as containing the cost of that compensation
package to protect the core mission of the River District.
It is the responsibility of the General Manager to determine the best method of assuring the
availability of a health insurance plan for the employees of the District, while assuring the
fiscally responsible operation of the District. Therefore, River District Board believes that it is
advisable to provide policy guidance to the General Manager and the River District personnel
staff with respect to the provision of a health insurance program and the financial participation of
the District in that program.
Policy Implementation
• The Board has set a percentage of annual increase in the health insurance budget that is
acceptable, using a 5-year running average, of 5%, and if the increase goes above 5%,
then the General Manager determines how to distribute the cost increase among the
employees. This can be done by employee premium contributions, a decrease in the River
District HSA contributions, etc.

 MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD

FROM:

ANDY MUELLER

SUBJECT:

GENERAL MANAGER 2020 GOALS AND OBJECTIVES GO BACK

DATE:

JANUARY 1, 2020

I continue to have numerous goals and priorities and for 2020 I attempted to distill these many
goals into a few, relatively straightforward goals which reflect the Board’s priorities as expressed
in the Strategic Plan.
1. Goal: Develop and implement long term financial viability plans for both the Enterprise
and General Funds.
APPLICABLE STRATEGIC INITIATIVES: 12.A. Financial Sustainability and 13.
Asset Management.
a. Continue work with key District administrative staff to develop an accurate body of
information related to the fiscal future of the River District and the impact that
constitutional financial constraints place on the ability of the District to meet its mission.
b. Develop and implement a systematic method to communicate the financial implications of
constitutional constraints on the District’s core mission to District constituents.
c. Collaborate with engineering and administrative staff to develop a comprehensive, forward
thinking business model for water marketing from the Enterprise’s pool of assets.
d. Strengthen and enhance the District’s culture and practice regarding the wise and frugal
use of taxpayer funds.
e. I will work closely with District staff to ensure clear, concise, accurate and consistent
understanding and communication regarding our District’s fiscal future. In doing so I will
provide leadership and regular, professional feedback and communication to all team
members.
2. Goal: Continue to provide statewide and basin-wide leadership on Colorado River
supplies and operations.
APPLICABLE STRATEGIC INITIATIVES:
4.A. through 4.D. Colorado River Supplies;
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 General Manager 2020 Goals and Objectives
January 1, 2020
Page 2 of 4
5.A. through 5.C. Trans Mountain Diversions; and
6.A. Agricultural Water Use
a. Provide leadership and direction in the Upper Basin on Interim Guideline renegotiations.
b. Continue to support the District’s work on the Risk Study and the Secondary Economic
Impact Study and the development of accurate and unbiased information so that the River
District retains its position as a trusted source and valued participant in these ongoing
matters.
c. Continue involvement in the Upper Basin DCP planning efforts focusing our efforts on
CRSP Reservoir reoperation protocols and water supply augmentation.
d. Provide structure and leadership to a West Slope-wide discussion regarding a Demand
Management Program in a manner that fosters open and respectful communication with a
goal of reaching a consensus on West Slope priorities.
e. Develop and strengthen collaborative working relationships with our intra and interstate
partners in the basin.
3. Goal: Provide leadership for the West Slope effort to implement the provisions of the
CRCA related to the permanency of the Shoshone Flows.
APPLICABLE STRATEGIC INITIATIVE: 5.A. Trans Mountain Diversions
a. Continue to explore, evaluate and implement all alternatives available to the West Slope
including collaboration with a wide range of partners.
b. Work collaboratively with the General Counsel to create a viable path forward for progress
in this matter.
c. Develop necessary coalition of allies for successful completion of this goal.
4. Goal. Increase River District activities and participation in outlying basins.
APPLICABLE STRATEGIC INITIATIVE: 2.A. and 2.B. Outreach in All Basins
a. Assist, direct and coordinate staff efforts in an outreach effort, and program identification
and development in the Yampa, White, Green and Gunnison River Basins.
b. Provide support and direction in a collaborative manner to staff engaged in efforts in the
Yampa, White, Green, Gunnison and Uncompahgre Basins through frequent
communication, and encourage staff to identify and develop cost-effective opportunities
and methods to expand our presence and focus in these basins.
c. Lead efforts to secure input and involvement from water users from all basins in the
development of a possible Demand Management program in the state.
5. Goal: Provide direction and leadership to District staff as we continue to transition the
District workforce and optimize our impact through more efficient, team driven efforts.
APPLICABLE STRATEGIC INITIATIVES:
Resources

11.A. and 11.B. River District Staff

 General Manager 2020 Goals and Objectives
January 1, 2020
Page 3 of 4
a. Continue to restructure work assignments and organizational hierarchy to enhance
flexibility and optimization of our team members’ assets and knowledge as the District
faces the retirement and replacement of long-time employees.
b. Continue the development of a more consistent and systemized cross departmental, team
approach to projects with the goal of leveraging our existing staff resources to more
effectively and consistently meet our Strategic Plan Initiatives. Model and encourage cross
departmental communication and the strengthening and development of a willingness to
identify areas and efforts where employees can provide unique skills and knowledge to
assist other team members in accomplishing their goals and projects.
c. Develop and support staff in innovative methods of achieving our District’s mission and
strategic goals.
d. Provide a sense of stability and security among employees through frequent professional
and positive communications. Strive to be accessible to all employees so that they are
properly supported and engaged in fulfilling work.
6. Goal: Provide leadership in the development of data to better understand the impacts
of climate and hydrologic uncertainty and to develop efforts within the District, State
and Basin to mitigate the effects of variable climate.
APPLICABLE STRATEGIC INITIATIVE: 3.A. Climate and Hydrologic Uncertainty
a. Assist in the collation, synthesis and distribution of study results addressing this issue.
b. Develop opportunities to identify and financially support efforts at further development of
unbiased data on this issue.
c. Work with local communities within the District to assist in the development of plans
related to firm water supply considering climate change and uncertain hydrology in the
Colorado River.
d. Support staff efforts to identify water users who may be particularly vulnerable to variable
climate and support staff efforts to assist those constituents in developing and
implementing plans to address these issues.
7. Goal: Increase Constituent awareness and knowledge of who the River District is and
Why we are important for the future of the West Slope.
APPLICABLE STRATEGIC INITIATIVES: 1.A. through 1.E. Outreach and Advocacy
a. Lead our reconstituted External Affairs department to a whole new level of education and
outreach with our constituents through a multitude of platforms. In doing so, create an
environment on the EA team that encourages respectful, creative and cost-effective
problem solving.
b. Continue communication with the fifteen Boards of County Commissioners and assure that
one or more District staff meet with each Board during the year.
c. Continued personal and active engagement in elected official educational outreach
program for the District.

 General Manager 2020 Goals and Objectives
January 1, 2020
Page 4 of 4
d. Participate in most of the District’s State of the River presentations and the District Seminar
and the additional civic group outreach efforts being initiated this year.
e. Assist our Director of Governmental Relations with advocacy efforts at the state and
federal levels.

 12. Directors? Basin Updates
and/or Concerns

NO MATERIAL AVAILABLE

MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD
ANDY MUELLER, GENERAL MANAGER
PETER FLEMING, GENERAL COUNSEL

FROM:

JIM POKRANDT

SUBJECT:

2020 POLICIES REVIEW GO BACK

DATE:

JANUARY 3, 2020

Requested Action: Review and adoption of River District Policies in the 2020 cycle.
Strategic Initiatives: -1B: Timely and Accurate Public Information-4A and 4B: Colorado River
Supplies -7: Water Needs/Project Development
_____________________________________________________________________________
The Board’s adopted practice is to review approximately one-third of the River District’s 19 policy
statements on a rotating three-year basis. The process starts each January. For a complete list of
River District policies, refer to our web site: www.coloradoriverdistrict.org/policies/
A policy must be on the Board’s agenda for at least two quarterly meetings before you take final
action to adopt or re-adopt the policy.
Below and attached are six policies due for triennial review in 2020. Staff’s recommended
revisions for these policies are shown in “track changes” format.
• Aging Infrastructure,
• Colorado River Compacts,
• Colorado’s Entitlement to Colorado River Basin Water,
• Interstate Water Marketing,
• State Funding: Water Projects and Programs, and
• Transmountain Water Diversions
Note that discussion of the Instream Flow Policy is covered in a separate memo from the General
Manager.

970.945.8522

201 Centennial Street   PO Box 1120
Glenwood Springs, CO 81602

ColoradoRiverDistrict.org

 MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD

FROM:

ANDY MUELLER, GENERAL MANAGER

SUBJECT:

COLORADO RIVER DISTRICT INSTREAM FLOW POLICY

GO BACK

DATE:
JANUARY 8, 2020
ACTIONS: No action requested at this time.
STRATEGIC INITIATIVE(S):
7. A. Water Needs/Project Development. The River District will work proactively with District
constituents and basin roundtables to better quantify and refine both the consumptive and nonconsumptive water needs, in amount, location and timing, throughout the District, including projected
needs that may result from climate change.

________________________________________________________________________
In July of 2018, this Board unanimously adopted the attached policy regarding instream flows. It
is the policy of this Board to review policies on a triennial basis. Under this procedural policy the
Instream Flow Policy should not be up for review and discussion until 2021, unless the Board takes
formal action to review it sooner. As you will recall, the Board has discussed potential revisions
to the 2018 instream flow policy at several recent meetings, including January 2019, just six
months after the Board unanimously approved the existing policy language. From our review of
the minutes, there was no formal direction from the Board regarding this early review/revision
process.
Staff spent considerable time between Board meetings in 2019 working potential revisions to the
language of our existing policy. The Board spent considerable time at each of our quarterly board
meetings doing the same. No consensus was reached on revisions to the existing policy language.
Given the unanimous approval of this Board in July of 2018, it is staff’s recommendation that the
Board not revisit this policy until it comes up for review under our existing procedural policy in
2021. Should the Board disagree with this recommendation, and desire to continue to discuss
revisions to this policy in 2020, we would ask the Board pass a motion with clear direction to staff
as to what portions of the policy should receive revision and focus.

970.945.8522

201 Centennial Street   PO Box 1120
Glenwood Springs, CO 81602

ColoradoRiverDistrict.org

 Adopted July 16, 2014
Adopted July 18, 2017

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Aging Infrastructure
Colorado River Water Conservation District Policy Statements:
The Colorado River District supports federal and state appropriations and programs that
encourage investment in capital maintenance, including extraordinary
maintenance, to address and maintain – and upgrade where possible - the full function and
benefit of Colorado’s aging water infrastructure. A comprehensive inventory of Colorado’s
water-related infrastructure is a requisite first step to responsibly managing and
maintaining these historical investments. Streamlining of the permitting process for capital
maintenance is just one appropriate mechanism to encourage infrastructure maintenance.

Background & Discussion:
Water supply and delivery infrastructure provide Colorado with essential water supply for
agriculture, drinking water, recreational opportunities, power generation and more. This
infrastructure is often also an important component of flood control. Many of these systems,
including those within the River District, were built 50 to 100 years ago and require increasing
resources for maintenance, repair or replacement.
As these systems age, the corresponding increase in the frequency and cost of extraordinary
maintenance needs often exceeds the financial capabilities of the responsible end-users. Financial
assistance programs are essential to address the needs of Colorado’s aging water infrastructure
and to ensure the continuance of its many benefits and should be prioritized among public
investments.
According to the American Society of Civil Engineers (ASCE) in 2013, the average age of the
84,000 dams in the country is 52 years old. The Association of State Dam Safety Officials
estimates that it will require an investment of $21 billion to repair these aging, yet critical, highhazard dams. ASCE grades the condition of America’s dams D+ or ‘poor’. The U.S. Bureau of
Reclamation estimates its backlog of “deferred maintenance” at $3 billion.
A dedicated, comprehensive system of planning and investment will be required to ensure the
continued viability and safety of our current water infrastructure, as well as investments to meet
future water demands.
Assistance programs should include grant and loan programs to encourage and assist capital
maintenance programs and regulatory permitting programs that facilitate and reward
infrastructure repairs and rehabilitations.

 Adopted July 19, 2005
Revised and readopted April 2008
Revised and readopted July 2011
Revised and readopted April 2014
Revised and readopted April 2017

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Colorado River Compacts

Colorado River Water Conservation District Policy Statements:
The Colorado River Compacts of 1922 and 1948 must be enforced, protected and defended
from legal challenge or amendment unless all seven basin states agree to the terms of any
proposed change. The seven basin states must reconcile differences in Compact
interpretation in a mutually acceptable manner.
The Colorado River Water Conservation District (River District) recognizes that the
Colorado River is a highly variable system, and this hydrologic variability is forecast to
become more frequent and more pronounced in the future. Therefore, the State of Colorado,
in cooperation with the other three upper division states, must implement compact
compliance strategies to be fully prepared for periods of extended droughts that minimize
impacts to existing uses and minimize the potential for shortages and disruptions to present
and future West Slope economies.
New Colorado River water uses must be developed in a manner that minimizes the risk of
compact curtailment to existing users.
The River District shall lead efforts to analyze the risk and risk factors of compact
curtailment. Such analysis analyses shall explore early warning signs of possible curtailment
and recommend alternative avoidance and mitigation responses.
The River District shall lead the effort to inventory and maximize the efficient use of water
supplies exempt from compact administration to ensure western Colorado retains and can
capitalize on the full benefit of pre-compact water rights.
Background & Discussion:
The State of Colorado is signatory to the 1922 Colorado River Compact and the 1948 Upper
Colorado River Basin Compact. The 1922 and 1948 Compacts, along with the 1944 International
Treaty with Mexico, other federal laws, and United States Supreme Court decisions comprise the
“Law of the River.” The diversion of Colorado River water for consumptive beneficial uses within
the State of Colorado is subject to, and limited by, provisions of the Law of the River.
Today, it is clear that the 1922 Compact negotiators allocated a greater amount of water than is
reliably available. employed a limited and unnaturally wet hydrologic record in their deliberations,
resulting in allocation of a greater than sustainable quantity of Colorado River water. This and
other unresolved technical and legal issues result in conflicting interpretations of the 1922
Compact. Resolution of unresolved Colorado River compact issues, such as the Mexican Treaty

 obligation and the accounting of Lower Basin tributaries, will be challenging, time consuming,
and costly. However, the cost of inaction is even greater.

The primary purposes of both compacts are to provide legal certainty regarding how much water
each state can develop, to allow states to develop their water resources when the water is needed,
and to preclude the interstate application of the prior appropriation doctrine. The Colorado River
Compacts protect Colorado from downstream states claiming prior (senior) use of the Colorado
River that would preclude Colorado’s eventual development of its full consumptive use
entitlement.
There are, however, disputes about the interpretation of the language of the compacts. These
include conflicting language allocating the river’s waters: “in perpetuity to the Upper Basin and to
the Lower Basin, respectively, the exclusive beneficial consumptive use of 7,500,000 acre feet of
water per annum” (Article III(a)) and the requirement that “the States of the Upper Division will
not cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre
feet for any period of ten consecutive years.”(Article III(d)) Interbasin differences also include
unresolved issues between the Upper and Lower Basin states regarding respective water delivery
obligations to the Republic of Mexico. Failure of the seven basin states to harmonize the terms,
conditions and interpretation of the compacts by mutual agreement invites unilateral federal
intervention to resolve these differences and legal proceedings that will be protracted, divisive,
and exceptionally expensive.
Colorado must continue to improve and refine technical data regarding existing Colorado River
uses within the state and throughout the Colorado River Basin, including a consistent and common
method for calculating consumptive uses among the four Upper Basin states. Additionally, more
and better science must be developed regarding historical Colorado River flows and periodic,
sustained droughts, including refinement of paleo-hydrology studies and the potential impacts of
climate variability on basin-wide hydrology.
The Colorado River Compact of 1922 expressly grandfathers water uses which pre-date the
compact, protecting them from being curtailed when compact administration occurs. Therefore,
full legal protection, along with efficient use, including by exchange, is of paramount importance
regarding these strategic water rights.
The River District’s involvement should include an active education program of its constituents,
as
well as other affected parties, regarding the issues involved, the importance of water storage and
conservation, and the consequences of inaction.

 Adopted October 21, 2008
Revised and readopted July 2011
Revised and readopted April 2014
Readopted April 2017

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Colorado’s Entitlement to Colorado River Basin Water
Note: No proposed changes
Colorado River Water Conservation District Policy Statements:
The Colorado River Water Conservation District (River District) supports and will
remain involved in statewide efforts to better determine Colorado’s current use and
remaining development potential of its Colorado River compact entitlement. Further, the
River District will advocate for legislation, policies and programs that protect Colorado’s
existing uses of Colorado River basin waters and permit responsible development of
Colorado’s remaining water entitlement without increasing the risk of compact curtailment
to existing water users.
The River District believes the impacts of a curtailment of water rights to meet
Colorado’s obligations under the 1922 and 1948 compacts would cause significant harm to
the welfare of the state; therefore, the first priority must be to avoid curtailment.
Accordingly, all Colorado River water users and the State of Colorado must work
cooperatively to minimize the risk of curtailment. Additionally, in anticipation of possible
compact curtailment, strategies to offset the inevitable impacts must be developed.

Background & Discussion:
The Colorado River Compact of 1922 and the Upper Colorado River Basin Compact of 1948
allocate Colorado River basin water for consumptive uses to Colorado and the other the basin
states. There is considerable uncertainty, however, regarding the specific amount of Colorado
River entitlement allocated to each Upper Basin state.
Curtailment of Colorado River water uses to meet the 1922 Compact requirements is projected to
impact all or nearly all post-compact Colorado River water uses. As additional water
development in Colorado occurs, the risk of reaching or exceeding our compact entitlement
increases. Due to the anticipated magnitude of any interstate curtailment, this risk will likely be
shared by all post-compact water users in Colorado regardless of seniority of water rights. The
risks to the West Slope posed by the potential acquisition of pre-compact water rights by nonWest Slope interests and dry-up of associated agricultural lands must be addressed. Further, the
future effects of, and uncertainty surrounding, climate change represent additional risk and
challenges regarding determination and management of Colorado’s remaining Colorado River
entitlement and must be addressed.

 Adopted July 19, 2005
Revised and readopted April 2008
Revised and readopted July 2011
Revised and readopted April 2014
Readopted April 2017

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Interstate Water Marketing
Note: No changes proposed for 2020
Colorado River Water Conservation District Policy Statements:
The Colorado River Water Conservation District (River District) opposes any proposal to
market Colorado River water between the states of the Upper Colorado River Basin and
Lower Colorado River Basin without the unanimous consent of all seven states. The District
also opposes marketing of Compact-related waters among states of the Upper Colorado
River Basin without similar, unanimous consent of the Upper Basin states.
Background & Discussion:
The State of Colorado is signatory to the 1922 Colorado River Compact and the 1948 Upper
Colorado River Basin Compact. The 1922 and 1948 compacts, along with the 1944 International
Treaty with Mexico, a number of other federal laws, and United States Supreme Court decisions
comprise the “Law of the River.” The diversion of Colorado River water for consumptive
beneficial uses within the State of Colorado is subject to, and limited by, provisions of the Law of
the River.
The Colorado River Compacts of 1922 and 1948 protect Colorado from downstream states
claiming prior (senior) use that would preclude Colorado’s eventual development of its full
entitlement. Accordingly, the compacts must be protected and defended from legal challenge or
amendment unless all seven basin states agree to the terms of any proposed change. Any nonconsensual proposal to market water between basins may represent an abrogation of the 1922
Compact.
The primary purposes of both compacts are to provide legal certainty regarding how much water
each state can develop, to allow states to develop their water resources when the water is needed,
and to preclude the interstate application of the prior appropriation doctrine. These, and other,
benefits of the compacts outweigh any short-term benefit that may accrue to one state from
interstate marketing of its compact-allocated water.
Periodically, individuals have proposed water development projects in Colorado that would
provide water to Lower Basin states permanently or for a defined period of time. One such proposal
was the Roan Creek Project. This project, to be located near DeBeque, CO proposed to perfect
Chevron Oil’s conditional water rights, decreed for eventual oil shale production, by leasing the
water to Las Vegas for 50 years or until such time as Chevron required the water for in-state use.
Additionally, at least one Upper Basin state has, in the past, proposed selling a portion of its
compact entitlement to lower basin interests through a binding commitment to forego development

 of a specified portion of its entitlement, in essence transferring a portion of its entitlement for lower
basin states to develop.

 Adopted July 19, 2005 Revised and readopted April 2008 Revised and readopted July 2011
Revised and readopted April 2014 Readopted April 2017
Under most interpretations of the compacts, the upper basin states do not have a clearly quantified
allocation. Therefore, one upper basin state selling a portion of its unquantified entitlement is
problematic, at best. At worst, it introduces lower basin interests into any eventual resolution of
ambiguities in the 1948 Upper Colorado River Basin Compact and changes allegiances within the
Upper Basin when negotiating ambiguities in the 1922 Compact.
Formatted: Font: 12 pt

In the lower basin of the Colorado River, interstate water storage agreements and consensual
water marketing among states of the lower basin have been an important tool to manage limited
supplies of and increasing demands for Colorado River water. Because of the structure and
operation of the Colorado River, consistent with the Colorado River Compact of 1922, the River
District fully supports water marketing among the lower basin states of the Colorado River
contingent upon their mutual agreement.

Formatted: Font: (Default) Times New Roman, 12 pt

Formatted: Font: (Default) Times New Roman

 Adopted July 18, 2017

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State Funding: Water Projects and Programs
Colorado River Water Conservation District Policy Statements:
The Colorado River Water Conservation District (River District) believes the State of
Colorado has an important role and responsibility in water planning, protection and
assisting water development. This role includes financial assistance, including grants and
loans, to project proponents.
The River District advocates that Colorado establish reliable and sustainable revenue
resources to achieve the above goals. The State of Colorado must protect revenues
dedicated for water projects and programs for their statutorily intended uses (i.e., no more
transfers to the General Fund) and develop dedicated revenue sources that provide for
consistent and predictable annual appropriations.
Additionally, the River District believes all state water-related projects and programs
should be evaluated, prioritized and funded on a common and consistent basis (i.e.,
eliminate the current, uncertain and erratic Tier II funding category).
Background & Discussion:
As of 2017, sSeverance tax and federal mineral leasing (FML) revenues have been the
predominant sources of funding for water projects and programs supported and administered by
the Colorado Water Conservation Board (CWCB). Historically, all or a portion of these funds
have been subject to transfer to the state’s General Fund for non-water related expenditure.
Annual severance tax and FML revenues are largely determined by world energy prices, which
fluctuate dramatically year-to-year and are extremely difficult to forecast reliably. These
fluctuations and lack of dependable forecasts leads to unreliable budgeting and challenging fiscal
management. State assistance to water projects and programs is too important to remain reliant
on such unpredictable and erratic revenue sources.
Additionally, the state currently relegates certain, vital water programs into an unreliable “Tier
II” funding category. Currently, water programs dependent on Tier II funding include the Native
Species Conservation Trust Fund, Aquatic Nuisance Species (ANS) prevention and inspections,
the Forest Restoration and Wildfire risk mitigation grant program, and the Water Supply Reserve
Account (WRSA) that supports basin roundtables’ activities and individual basin’s priority
projects and programs. These programs are too important to Colorado to be designated as Tier II
funding subject to appropriation only after other water-related programs have been fully funded.
Budgeting decisions on these programs should be on an equal footing as other vital water
programs of the state.
In 2019, Colorado voters approved Proposition DD to allow limited sports gambling. Tax
revenues, after allocations to prevention programs and administration, will be dedicated to
projects and initiatives proscribed in Colorado’s Water Plan. Revenues were estimated to be
about $16 million annually, although recent reports are that the amount will be less in the first

 several years. The Colorado River District position is that DD is only a downpayment on
Colorado’s Water Plan funding and that adoption of additional permanent funding should be a
statewide priority.

 Adopted March 16, 2000
Revised & readopted July 19, 2005
Revised and readopted April 16, 2008
Revised and readopted July 2011
Revised and readopted April 2017

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Transmountain Water Diversions
Colorado River Water Conservation District Policy Statements:
The Colorado River Water Conservation District (River District) believes there is no current
or reasonably foreseeable need for new transmountain diversion projects. Transmountain
diversion of Colorado River water results in adverse economic, environmental, and
recreational impacts to the basin of origin. Front Range water demands can be met through
a combination of better groundwater management, conservation, reuse, system
interconnections, re-operations, and in-basin transfers and exchanges.
Nevertheless, transmountain diversion proposals are likely to persist. Accordingly, the River
District will continue its historical willingness to examine fairly and thoroughly all project
proposals and to work with willing project proponents to determine if an acceptable project
can be developed that provides genuine benefits to both the receiving and exporting basins.
In any examination of potential new transmountain diversion projects, the River District, at
a minimum, will insist on adherence to the seven principals enumerated in the “IBCC
Conceptual Framework” as described in Colorado’s Water Plan, 2015.
The River District will advocate for and pursue full water-related mitigation for every
transmountain project. Present and future West Slope water uses, including environmental
and recreational needs, must be recognized and protected.
The River District will ensure that mitigation conditions on existing transmountain diversion
projects are honored and upheld for the protection of in-basin water users and local
environments. Additionally, the River District will advocate that the transmountain diverted
waters be efficiently used and fully reused to extinction wherever allowed by law.
Transmountain diversion projects seeking re-operations that result in an expansion of
historical use must consult with the basin from which water is being diverted. Alternative
re-operation regimes should include those that protect and benefit both the diverter and the
basin-of-origin.
Background:
Most of the Colorado’s water is on the western side of the Continental Divide, while Colorado’s
population lives predominantly along the Front Range on the state’s eastern slope. As a result,
Colorado has dozens of water projects that divert water from the Colorado River basin across the
Divide. These projects range from small projects diverting a few hundred acre feet of water per
year to the Colorado-Big Thompson (C-BT) Project, which diverts an average of more than
220,000 acre feet annually. On average, a total of roughly 500,000 acre feet of Colorado River
Basin water is transmountain diverted annually in Colorado.

 Transmountain diversion of water is 100% consumptive for the basin-of-origin. As such,
transmountain diversion projects, especially larger transmountain diversions, often have unique
and significant impacts on the basin from which the water is diverted. Therefore, water diverted
across the Continental Divide must be used, reused whenever legally allowable, and be integrated
into an overall program of water conservation.
The primary goal of the River District is the protection of existing water uses and preservation of
future economic opportunities for the residents of Western Colorado. The River District is
committed to meeting the present and future water needs of its residents.
The River District supports the House Bill 05-1177 process that resulted in the 2015 Colorado’s
Water Plan, especially the basin-by-basin review and identification of both consumptive and nonconsumptive water needs and potential supply alternatives. Additionally, the District participated
with the Interbasin Compact Committee (IBCC) formed by HB 1177 that developed the consensus
criteria that any new transmountain diversion proposal should follow to ensure adequate local
input, protection of local authorities, acceptance of hydrologic risk by the proponent, and full
mitigation. These criteria are formalized as the “IBCC Conceptual Framework” for new water
project development in Colorado’s Water Plan, 2015.
Additionally, the River District has been involved in and is committed to several cooperative
efforts designed to address or meet specific, identified Front Range water supply problems.
Presently, these include:
• The Eagle River Memorandum of Understanding which seeks to identify and develop
additional Eagle River water supplies for both East Slope (Colorado Springs and Aurora,
and Denver) and Eagle River basin water users in a manner acceptable to West Slope
interests;
• The Douglas County Water Resource Authority-Denver Water-River District collaborative
water supply investigation addressing water supply needs of the Authority’s members in
Douglas and Arapahoe Counties, as well as the more recent “WISE” water project to share
reusable water supplies from Denver and Aurora with the southern metro area;
• Implementation of the Colorado River Cooperative Agreement.
The River District acknowledges that any or all these efforts may result in additional transmountain
water diversions, but any such diversion will be accomplished only with the acceptance and
involvement and to the mutual benefit of East Slope and West Slope interests.
Western Colorado’s economy is increasingly dependent on tourism-related construction and
recreational industries that rely on adequate stream flows and healthy river systems. As such,
adequate protections for all Western Colorado water uses, including non-consumptive
environmental and recreational uses, benefit the entire state.

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14. External Affairs

MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD

FROM:

ZANE KESSLER, DIRECTOR OF GOVERNMENT RELATIONS

SUBJECT:

STATE LEGISLATIVE AFFAIRS GO BACK

DATE:
JANUARY 2, 2020
ACTIONS:
• Staff requests you establish bi-weekly telephone meetings during
the Colorado legislative session.
• Adopt positions on legislation of interest (to be provided at the
meeting)
• Provide direction and input on anticipated legislation
STRATEGIC INITIATIVE(S):
• 1.A, 1.B Outreach and Advocacy
_____________________________________________________________________________
Returning to the traditional second Wednesday of the New Year, the Colorado General Assembly
will open the 2nd Regular Session of the 72nd General Assembly on Wednesday, January 8,
adjourning no later than midnight May 7. Colorado Democrats continue to enjoy the majority in
both the House and Senate and, of course, the Governor's office.
West Slope House members will be in positions of leadership and influence again in 2020.
Representative KC Becker (D-HD13) will continue to serve as Speaker of the House, and Senator.
Kerry Donovan (D-SD5) will chair the Senate Agriculture Committee while Representative Dylan
Roberts (D-HD26) will chair the House Rural Affairs and Agriculture Committee.
The full slate of River District legislators is below:
House District
HD 13
HD26
HD54
HD55

Name
Rep. KC Becker (D)
Rep. Dylan Roberts (D)
Rep. Matt Soper (R)
Rep. Janice Rich (R)

HD57

Rep. Perry Will (R)

970.945.8522

River District Counties
Grand
Eagle and Routt
Mesa and Delta
Mesa (Clifton, Fruitvale, Grand Junction,
Orchard Mesa and Redlands)
Garfield, Rio Blanco and Moffat

201 Centennial Street   PO Box 1120
Glenwood Springs, CO 81602

ColoradoRiverDistrict.org

 State Legislative Affairs
January 2, 2020
Page 2 of 5
HD58
HD59
HD61
HD62

Rep. Marc Catlin (R)
Rep. Barbara McLachlan (D)
Rep. Julie McCluskie (D)
Rep. Donald Valdez (D)

Montrose
Gunnison, Hinsdale and Ouray
Summit, Pitkin, Gunnison and Delta
Saguache

Senate District
SD5
SD6
SD7
SD 8

Name
Sen. Kerry Donovan (D)
Sen. Don Coram (R)
Sen. Ray Scott (R)
Sen. Bob Rankin (R)

SD 35

Sen. Larry Crowder (D)

River District Counties
Delta, Eagle, Gunnison, Hinsdale and Pitkin
Montrose and Ouray
Mesa
Garfield, Rio Blanco, Moffat, Routt, Grand and
Summit
Saguache

2020 Legislative Outlook:
There are no printed bills available as of the date of this memo. Water bills introduced as of
Monday, January 20 will be distributed at the Board meeting and action will be requested. In the
meantime, below is a list of anticipated water legislation and the landscape for the 2020 legislative
session.
1) Clarifying Legislation Pertaining to Administration of Section 37-92-102(3)(b)
As you know, River District staff attended the CWCB meeting in Denver on November 21st
to provide background and discuss possible solutions to the issues presented by the State’s
interpretation of Section 37-92-102(3)(b). In concert with the Colorado Cattlemen’s
Association and the Southwestern Water Conservation District, we asked the Department of
Natural Resources to work with us to reach agreement on a legislative solution.
Following the CWCB meeting in November, Andy, Peter, Jason and I have been in
conversations with staff at the Department of Natural Resources (DNR) about a potential
legislative fix. Those conversations have been productive, and we hope to have a draft bill for
your review at the January Board meeting.
Staff appreciates the State’s willingness to work with us to provide certainty for West Slope
water users and we are encouraged by the desire we’ve seen from all parties to move forward
in a cooperative manner.
2) Interim Water Resources Review Committee (WRRC) Bills
During the 2019 interim, the WRRC held five meetings and took two field trips. The WRRC
met with a broad range of water users and government officials, including local water
providers, water policy experts, state water planners, and concerned citizens. The committee

 State Legislative Affairs
January 2, 2020
Page 3 of 5
received briefings on major water issues affecting the state, including demand management
and drought contingency plans in the Colorado River Basin.
The committee also drafted legislation about two additional topics on which the committee has
received briefings in previous years, including water well inspectors and speculation under
Colorado water law. As you know, the WRRC recommended the following four bills for
consideration in the 2020 legislative session.
Bill A – Require Public Input on Water Demand Management Program.
(Sens. Coram/Donovan/Bridges/Sonnenberg and Reps Arndt/Catlin/Saine/Titone)
Bill A requires the Colorado Water Conservation Board and the Water Resources Review
Committee to involve the public and provide opportunities for public comment before
adopting a Colorado River demand management program. This process is similar to that
used for the Colorado Water Plan under Senate Bill 14-115.
Bill B – Study Emerging Technologies for Water Management.
(Reps. Arndt/Saine/Catlin/Roberts/Titone; Sens. Sonnenberg/Bridges/Coram/Donovan)
Bill B directs the University of Colorado, in collaboration with the Colorado Water
Institute at Colorado State University, to conduct feasibility studies and pilot deployments
of new and emerging technologies that have the potential to improve water management.
Bill C – Add Water Well Inspectors Identify High-Risk Wells.
(Reps. Saine/Titone and Sens. Sonnenberg/Coram)
Bill C establishes a minimum staffing level for the state’s well inspection program and
directs the Board of Examiners of Water Well Construction and Pump Installation
Contractors to promulgate rules for identifying high-risk wells that should be prioritized
for inspection.
Bill D - Study Strengthening Water Anti-Speculation Laws.
(Sens. Donovan/Coram/Bridges and Reps. Roberts/Catlin/Arndt/Titone)
Bill D requires the Executive Director of the Department of Natural Resources to convene
a work group during the 2020 interim to explore ways to strengthen anti-speculation within
Colorado water law. The work group is required to provide a written report to the WRRC
by August 15, 2021.
3) Other Possible Legislation
Revisiting Colorado’s Instream Flow Loan Program: Rep. Roberts has indicated that
he is interested in introducing a revised version of the instream flow loan program
expansion bill (HB19-1218) that failed to make it through the Senate last session.

 State Legislative Affairs
January 2, 2020
Page 4 of 5
We have not received a final draft as of the date of this memo, but the versions reviewed
by staff have all included the concessions requested by the River District and other West
Slope stakeholders last session.
Consistent with our discussion at the October board meeting, the drafts we’ve reviewed
seek to:
a) Expand the number of years within a 10-year period that a renewable loan may be
exercised from 3 years to 5 years, but for no more than 3 consecutive years, and allows
a loan to be renewed for up to 2 additional 10-year periods.
b) Authorize the approval of a nonrenewable, expedited loan that may be exercised for no
more than one year.
c) Expand the board's ability to use loaned water for instream flows to improve the natural
environment to a reasonable degree pursuant to a decreed instream flow water right
held by the CWCB.
Instream Flow Augmentation: Staff expects to see a revised version of last year’s
instream flow augmentation bill, HB19-1271, that also failed to pass the Senate Agriculture
Committee last session. A draft of this bill circulated in August included the savings clause
negotiated by the River District last session. As a reminder, the District’s support for
HB19-1271 was contingent upon the savings clause language.
Proposition DD Revenue Distribution: Proposition DD, approved by the voters in
November of 2019, allocated some money derived from wagering on sporting events to the
newly created water plan implementation cash fund. This potential measure would make
the expenditure of money from the water plan implementation cash fund subject to certain
allocation requirements. These requirements would apply to all revenue directed to the
water plan implementation cash fund, including money derived from Proposition DD,
general fund appropriations, and any other source of money directed to the fund.
Note on Sports Betting Revenues: The Division of Gaming expects sports betting, which
starts in Colorado in May, to generate a meager $1.5 - $1.7 million in tax revenue in the
2020-21 fiscal year, which begins on July 1. If correct, that amount would not be enough
to reach the threshold under which funds would be transferred to the water plan
implementation cash fund.
Water Funding in the Budget
Governor Polis released his proposed budget to the Joint Budget Committee on November 1st. In
his opening pages, he highlighted last year’s General Fund Appropriation of $10 million to the
State Water Plan (SB19-212). The budget recommends transferring the remaining $5 million from
the of Capital Construction Fund (capital reversions) to the Severance Tax Perpetual Base Fund
for implementation of the Colorado Water Plan. This $5 million transfer, combined with a $5
million General Fund transfer, continues last year’s precedent of a $10 million investment for
water needs.

 State Legislative Affairs
January 2, 2020
Page 5 of 5
General Fund/Budget Outlook: The General Fund ended FY 2018-19 with an estimated 11.3
percent reserve, $452.4 million above the 7.25 percent statutory reserve. TABOR refunds are
expected to be returned to taxpayers via income tax rate reductions and local government
reimbursements for property tax exemptions. According to the December 2019 Economic and
Revenue Forecast, in FY 2019-20 the General Fund is expected to end the year with an 8.8 percent
reserve, $184.0 million above the 7.25 percent statutory reserve. TABOR refunds are expected in
FY 2019-20 as well.
Assessed Valuations: Assessed values increased 17.0 percent statewide between 2018 and 2019.
Statewide assessed values are expected to increase 3.4 percent in 2020, mainly based on growth in
oil and gas production. If the December forecast holds true, statewide assessed values are expected
to increase 8.6 percent following the next reassessment of properties. The forecast also indicates a
modest decrease in the residential assessment rate from 7.15 percent to 7.13 percent. It is important
to note, however, that forecasts in the past have been significantly off-target, especially this far
out.
Economic Outlook: Economic activity is expected to continue to expand in the U.S. and Colorado
in 2020 and 2021, though at a slower pace as labor markets continue to tighten. Ongoing job gains,
rising wages, and moderate consumer spending continue to sustain the economic expansion.
Business activity remains elevated.
Several clouds have emerged on the horizon. Trade tensions and slower global economic demand
continue to hamper manufacturing, the energy industry, and export activity. Additionally, higher
wages and slower economic activity are expected to put mounting downward pressure on business
profits. Risks remain skewed to the downside as both the state and national economies move
further into the late stages of economic expansion.

 MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD

FROM:

ZANE KESSLER

SUBJECT:

FEDERAL AFFAIRS UPDATE GO BACK

DATE:
JANUARY 2, 2020
ACTIONS: No specific action requested with this memo; however, as always, Board direction
and priority-setting welcomed.
STRATEGIC INITIATIVE(S):
1.B Outreach and Advocacy
7. Water Needs/Project Development
_____________________________________________________________________________
River District Priorities in 2020:
In the coming year, the River District will establish and maintain close working relationships with
relevant delegation offices, both in DC and appropriate field offices. Staff will monitor waterrelated legislative and administrative proposals for potential impact to West Slope water users and
leverage the District’s membership/involvement in national and west-wide organizations to secure
their assistance on issues of importance.
Generally, the River District will focus its efforts on issues, both regulatory and legislative, that
uniquely or disproportionately affect western Colorado. In keeping with past practices, we
generally will not champion nationwide issues on an individual basis, though we may add our
voiceto larger campaigns when appropriate.
Priorities issues for the coming year include:
• U.S. Bureau of Reclamation Colorado River Basin Study
• Authorizing/Funding for Control of Aquatic Nuisance (Invasive) Species
• Infrastructure Opportunities and Financing
• Watershed and Forest Health Funding
• Tax Exemption for Water Conservation Rebates
• Water Rights Protection Act
• Endangered Species Recovery Implementation Programs
970.945.8522

201 Centennial Street   PO Box 1120
Glenwood Springs, CO 81602

ColoradoRiverDistrict.org

 Federal Affairs Update
January 2, 2020
Page 2 of 4

•
•
•
•
•
•

o Colorado River Basin Appropriation
o Legislative Changes to Authorized Annual Spending
Abandoned Mine Reclamation
o Superfund Programmatic Funding for Abandoned Mines (ex. Gold King)
o Good Samaritan Legislation
Regulatory Changes due to Climate Variability
Watershed and Forest Health
Land & Water Conservation Fund Funding
Waters of the United States Rule Promulgation
NRCS Funding
o EQIP/RCPP
o Manual Snow Course Measurement

Appropriations Update:
In a surprise outburst of bi-partisan enthusiasm, the House and Senate passed two legislative
packages that together comprised all 12 fiscal year 2020 funding bills. The domestic priorities and
international assistance appropriations minibus, which contained Agriculture, Energy-Water, and
Interior-Environment appropriations for FY2020, passed the House 297-120 and the Senate by a
71-23 vote.
The $1.4 trillion deal increased spending for most federal energy and environmental agencies
before the December 20th funding deadline. The effort largely steered clear of new policy riders,
although several add-on environmental and land provisions from past years were maintained –
including a $60MM boost to the Land and Water Conservation Fund thanks to Sen. Gardner.
Representatives Neguse, Crow, DeGette, and Perlmutter voted for the passage of the measure in
the house, while Representatives Tipton, Buck and Lamborn voted against the bill. Both Senator
Bennet and Senator Gardner voted for the measure. The bill provides a total of $1.68 billion, to
fund the Bureau of Reclamation. This is $115 million above the FY2019 enacted level. It also
provides $2.68 billion to the U.S. Army Corps of Engineers for construction, $3.79 billion for
operations and maintenance, and $210 million for its regulatory program.
The bill also contains additional funding for Reclamation’s “Water conservation and Delivery”
program. Reclamation is directed to dedicate $20 million of this additional funding to projects that:
“shall be for water conservation activities in areas that are experiencing extended drought
conditions. These water conservation activities shall include well construction and irrigation
related structural or other measures, programs and projects that result in conservation of other
surface water or groundwater, or improve water system efficiency, resiliency, reliability, delivery,
and conveyance.” Reclamation is directed to report back to the Committee on Appropriations
within 180 days on how this funding will be directed.

 Federal Affairs Update
January 2, 2020
Page 3 of 4
Other Federal Updates:
Platte River Recovery Implementation Program Extended
The Platte River Recovery Implementation Program Cooperative Agreement has been
extended through the end of 2032. Interior Secretary David Bernhardt signed an
amendment to the agreement along with Colorado Governor Jared Polis, Nebraska Gov.
Pete Ricketts and Wyoming Gov. Mark Gordon on December 30th. The program provides
compliance for four species under the Endangered Species Act (ESA) for new and existing
water-related projects in the Platte River Basin, including the Colorado-Big Thompson
Project.
Sen. Bennet Introduces Bipartisan Aquatic Invasive Species Legislation
On December 4, Sen. Michael Bennet introduced the Stop the Spread of Invasive Mussels
Act of 2019 along with Sen. Steve Daines (R-Mont.), and Sen. Jon Tester (D-Mont.). This
new legislation aims to slow the movement of aquatic invasive species, like zebra and
quagga mussels, into Colorado, Montana, and other Western States. The Stop the Spread
of Invasive Mussels Act would:
•
•
•

Provide the Bureau of Reclamation explicit authority to partner with states and
municipalities to fund watercraft inspection and decontamination stations;
Provide all federal agencies who participate in the Aquatic Nuisance Species Task
Force the same authorities to limit the movement of invasive species into and out
of U.S. waters, eliminating problematic differences between the various agencies
Ensure that at-risk basins are eligible and prioritized for watercraft inspection and
decontamination funding.

Western Water Security Act
On October 28th, Senators Tom Udall (D-N.M.) and Martin Heinrich (D-N.M.),
introduced S. 2718, the Western Water Security Act of 2019. Among other things, the bill
increases authorized WaterSMART appropriations to $650,000,000 (an increase of
$180,000,000) and extends the list of entities that can apply for WaterSMART funding to
include “nonprofit conservation organizations.” Eligible applicants were previously
limited to State, Tribes, irrigation districts, water districts and regional or local authorities
with water or power delivery authority.
S. 2718 also extends and modifies the Reclamation State Emergency Drought Relief Act
and provides financial assistance for eligible water projects “to assist Western States and
Tribal governments to address drought-related impacts to water supplies or any other
immediate water-related crisis or conflict, including through voluntary, temporary, and
compensated programs to reduce water demands for the purpose of increasing water
available in a system or reducing water supply-demand imbalances.”
Water Optimization for the West Act
On November 21, the Water Oceans and Wildlife Subcommittee Ranking Member Tom
McClintock, Rep. Tipton and several other republican members introduced the "Water

 Federal Affairs Update
January 2, 2020
Page 4 of 4
Optimization for the West Act". The bill encompasses a number of western water issues.
It extends the WIIN Act authorizations through 2025 and authorizes $134 million in
funding for each year 2021-2025. These provisions include the Water Supply Permitting
Coordination Act, which designates the Bureau of Reclamation as the lead permitting
agency for projects involving the Bureau of Reclamation, and Rep Tipton’s Water Rights
Protection Act. The bill will likely face opposition from the House Majority as it contains
some contentious California water items along with a number of provisions intended to
streamline regulatory environmental reviews.
Water Conservation Rebate Tax Parity Act
On November 20, House Ways and Means Chairman Thompson released a draft of the
Growing Renewable Energy and Efficiency Now (GREEN) Act. The draft legislation is
intended to be a comprehensive approach to tackling climate change by using the tax code
to extend and expand renewable energy uses and reduce greenhouse gas emissions. Section
305 of the GREEN Act contains the exact language of H.R. 2313, which is the bipartisan
Water Conservation Rebate Tax Parity Act introduced in April 2019 by Congressman
Huffman and Congressman Gosar, which would change federal tax law, clarifying that
rebates for water conservation and water runoff management improvements are not taxable
income. This would ensure that homeowners do not pay income tax when they receive the
rebates. If passed, the IRS would treat water conservation rebates in the same manner as
they currently treat energy conservation rebates for insulation, Energy Star-certified
windows and doors, and energy efficient appliances.
Water Resources Development Act
On November 19, the House Transportation and Infrastructure Subcommittee on Water
Resources and Environment conducted a hearing on WRDA. The hearing focused on
including resiliency in the 2020 WRDA bill. Both Republicans and Democrats expressed
a desire to move a WRDA bill forward in 2020. Most of the Democratic members of the
committee noted the importance of developing infrastructure, both manmade and natural,
which is responsive to climate change. Republican committee members also discussed the
importance of water infrastructure that is disaster resilient but focused their comments on
the need to deliver projects efficiently and with local stakeholder engagement. On January
9, the House of Representatives will turn to preparing their version of the 2020 WRDA bill
by holding a hearing in the House Transportation and Infrastructure Committee.

 15. Division Engineers? Report

Water Division 4

NO MATERIAL AVAILABLE

16. Project Operations
Updates

GO BACK

MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD

FROM:

HUNTER CAUSEY, P.E.

SUBJECT:

ELKHEAD AND WOLFORD MOUNTAIN RESERVOIRS CONTRACT REQUESTS

JANUARY 3, 2020
DATE:
ACTIONS:
Staff requests Board authorization for General Manager to enter into the following contracts
after approval by General Counsel for:
1. Domestic water delivery with Raindrop Water, Inc. for a two-year continuing
services agreement in the amount not to exceed $80,000;
2. Weed management at Wolford Mountain Reservoir with Eco-Rx, Inc. for $42,000;
and
3. Weed management at Elkhead Reservoir with Eco-Rx, Inc. for $24,400.
STRATEGIC INITIATIVE(S):
13. Asset Management
_____________________________________________________________________________
Domestic Water Delivery
Domestic water at Wolford Mountain Reservoir for the Recreation Area and shop is hauled to two
storage tanks elevated on a hill west of the Recreation Area. Water is ordered by River District
staff according to use and annual cleaning of the tanks is included in the agreement. Staff requests
authorization to enter into a two-year continuing services agreement with Raindrop Water, Inc. for
$80,000.
Weed Management
Eco-Rx, Inc. provides weed management at Wolford Mountain and Elkhead Reservoirs for lands
and shoreline including the wetland mitigation areas associated with the reservoirs. Target species
are tamarisk and Canada thistle and other species, as encountered. Staff requests authorization to
enter into two one-year agreements for weed control services: one for $42,000 for Wolford
Mountain Reservoir and one for $24,400 for Elkhead Reservoir.

970.945.8522

201 Centennial Street   PO Box 1120
Glenwood Springs, CO 81602

ColoradoRiverDistrict.org

 GO BACK

MEMORANDUM
TO:

BOARD OF DIRECTORS, CRWCD
ANDY MUELLER, GENERAL MANAGER

FROM:

IAN PHILIPS, CHIEF ACCOUNTANT
DON MEYER, SR. WATER RESOURCES ENGINEER

SUBJECT:

WATER MARKETING

DATE:

JANUARY 7, 2020

ACTIONS:
Staff requests that the Board approve the 2019 Water Contract Pricing and recommends an
increase of 1.90 %.
STRATEGIC INITIATIVE(S):

6. Agricultural Water Use
7. Water Needs/Project Development
12. Financial Sustainability
_____________________________________________________________________________
BACKGROUND
In 2006, the Board changed the District’s water marketing policy to allow annual price increases
up to the ‘Denver-Aurora-Lakewood’ (FKA ‘Denver-Boulder-Greeley’) Consumer Price Index
(CPI) plus New Growth Index (NGI), a measure of annual property value stemming from new
growth. Contracts entered subsequent to the policy change allow for this annual increase. Prior
contracts are limited to increases based on CPI every five years and only for the operation and
maintenance (O&M) component of the fee. These prices were last updated in 2018 and are
therefore due for review next in 2023.
Last year the CPI and NGI were 3.0% and 1.45% respectively, totaling 4.45%, and the Board
approved a 3.0% increase. This year the CPI and NGI are 1.90% and 1.56% respectively for a total
of 3.46%. We remain concerned about the cost-impact of price increases to our customers, as such,
staff’s recommendation is an increase equal to only the CPI of 1.9%.
In January of 2019, the Colorado Water Conservation Board contracted for 3,500 acre-feet of
Ruedi supply (one-year contract) for the anchor-ice in the Fryingpan River. In September of 2019,
the Colorado Water Trust contracted for 328.6 acre-feet of Ruedi supply (one-year contract) for
970.945.8522

201 Centennial Street   PO Box 1120
Glenwood Springs, CO 81602

ColoradoRiverDistrict.org

 Water Marketing 2020
January 7, 2020
Page 2 of 4
the 15-Mile Reach. These two contracts alone, brought in over $250,000 to the Enterprise Fund,
and accounted for over 15% of the water sales revenue in 2019. Due to the high, late runoff in the
summer of 2019, there was little interest or need for in-channel uses (such as environmental
enhancement). In 2020 staff will continue to explore water marketing opportunities and will keep
the Board informed of opportunities that may be developed.
CURRENT AND RECOMMENDED PRICING
Current and 2020 recommended pricing are shown in the following table:
Post-2006 Contract Pricing
Current

Recommended
Increase

Proposed 2020

Blue River
Colorado River above Roaring Fork – Ag
Colorado River above Roaring Fork
Colorado River below Roaring Fork – Ag
Colorado River below Roaring Fork

$ 1,122.50
$
148.75
$
373.50
$
45.00
$
194.25

1.90%
1.90%
1.90%
1.90%
1.90%

$
$
$
$
$

1,143.50
151.50
380.50
46.00
198.00

Eagle River

$

1,496.00

1.90%

$

1,524.50

Eagle River – Ag

$

448.00

1.90%

$

456.50

Elkhead Reservoir
Elkhead Reservoir – Ag

$
$

191.25
32.00

1.90%
1.90%

$
$

194.00
32.75

$

560.50

1.90%

$

571.25

$

222.75

1.90%

$

227.00

$

291.50

1.90%

$

297.00

$

67.25

1.90%

$

68.50

$
$

222.75
67.25

1.90%
1.90%

$
$

227.00
68.50

Identified Source Colorado
Roaring Fork – M&I
Identified Source Colorado
Roaring Fork - Ag
Identified Source Colorado
Roaring Fork – M&I
Identified Source Colorado
Roaring Fork - Ag

River above
River above
River below
River below

In-Channel – Identified Source: Wolford
In-Channel – Identified Source: Ruedi

 Water Marketing 2020
January 7, 2020
Page 3 of 4
AVAILABLE SUPPLIES
Current available and remaining supplies in acre-feet for contracting are shown below. The Ruedi
amount shown in the table does not reflect the additional 4683.5 acre-feet of Ruedi water supplies
purchased from Reclamation by the General Fund in 2013 to fully contract Ruedi Round II water
as that water was purchased with Capital Fund monies and are therefore not currently an Enterprise
asset.
Source

Available

Contracted

Pending

Remaining

Wolford
Ruedi
Eagle Park
Elkhead
TOTAL

8,100
6,730
432
4,457
19,719

3,076
2,263
307
0
5,646

0
0
0
0
0

5,024
4,467
125
4,457
14,073

Right
of Refusals

900

900

Remaining
w/ ROR &
Pending
5,024
3,567
125
4,457
13,173

HISTORICAL CONTRACTING
The following graph shows the amount of water contracted over time from the Enterprise’
dedicated water marketing pools in Elkhead, Wolford, Eagle Park and Ruedi. The spike at the end
of the graph was primarily caused by single year contracts including the 3,500 acre-feet Ruedi inchannel contract to the CWCB and a 100 acre-feet Elkhead contract to Colowyo Coal Company.
Both contracts have expired. New long-term contracts in 2019 include 500 acre-feet of Ruedi
supply (Caerus Piceance, LLC and Colorado Water Trust) and 50 acre-feet of Eagle River supply
(Town of Minturn).
Without single year in-channel leasing, the volume leased under long-term contracts has generally
remained flat, or slightly declined. Long-term Wolford contracts have gradually declined since
2009. Similarly, long-term Ruedi contracts have been declining since 2015.

 Water Marketing 2020

 

 

   
  
  
  

 

 

January 7, 2020
Page 4 of 4
Historical Water Marketing Contracts
Water Marketing Year July 1 - June 30
9000
I Ruedi
300? DWolford
El Eagle Park
7000 I Elkhead

 

 

 

 

6000

 

5000

 

 

4000

Contracts - Acre Feet

 

3000

2000

1000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17. Future Meetings

(listed on the Agenda)