As Colorado Legislature kicks off, here are bills we’re watching

repost from TU.org, by Kara Armano

Trout Unlimited is known for its rock-rolling work where we are often found wearing waders and making rivers and streams better for trout and salmon, and of course, anglers. But we also spend plenty of time in our finest attire in the halls of state and federal legislative buildings advocating for smart water policies, protecting public lands, and funding allocations to continue our on-the-ground efforts.  

With Colorado’s legislative session about to ramp up, here is a look at some of the bills we are watching in the Centennial State and how we’ll play both offense and defense to advance our goals of conserving, protecting, and restoring our coldwater fisheries and their watersheds.  

Extend Colorado’s Healthy Rivers Fund — This successful funding mechanism is set to expire, but we are looking to extend it for another 10 years. This is financed by the Colorado tax check-off program, which provides taxpayers the opportunity to contribute a portion of their tax refund or to make a donation on their state income tax return. These funds assist Colorado Trout Unlimited and other watershed-based groups in efforts to protect our land and water resources. It is administered through the Colorado Water Conservation Board in association with the Water Quality Control Division and the Colorado Watershed Assembly. Since 2003, this fund has raised over $1.1 million to fund more than 80 local watershed projects.  

The bill will be introduced by Sen. Cleave Simpson and Rep. Donald Valdez. Colorado Trout Unlimited does not want to see this fund expire, so we are asking that it be approved for 10 more years.  

State parks funding — Amidst the many restrictions over the past challenging year, we’ve seen more and more people turn to outdoor recreation as a safe outlet for enjoyment and to benefit their mental and physical health. While a growing appreciation for our outdoors means more allies in its defense, it also means growing pressure on public lands, including our state parks. To rise to that challenge, Colorado Parks and Wildlife is looking to expand its funding base to help support sustainable recreation management and development of new parks and opportunities to serve the growing demand. 

Drawing from an example already in place in Montana with a 75 percent participation rate, legislation will be introduced to fold an annual state parks pass into vehicle registrations in Colorado. Those who don’t want the pass can opt-out, while the proposed fee level will be significantly less than the current annual pass rates for those who do obtain the pass. Parks passes for out-of-state visitors or those who decide to purchase after registering their vehicle will still be available for the current standard fee. While the per-pass revenue will be less, CPW anticipates a significant revenue boost due to a much larger volume of pass sales facilitated by the convenience of having passes folded into annual vehicle registration. CPW’s priorities for the funding include maintenance and expansion of state parks, search and rescue/outdoor education programs, and wildlife management both within and outside of state parks, with an emphasis on non-game species. CTU is supporting this effort as the new dollars will help meet our state’s growing demand for hiking, camping, fishing, and other outdoor recreation at Colorado’s 42 (with more to come!) state parks. 

Recreational in-channel diversion — There will be a bill to streamline the RICD process to avoid the necessity of significant in-river construction for smaller projects and to broaden the definition of whom can apply for these diversions.  

We will be watching this bill and helping our partners determine the best language to ensure a positive outcome for our constituents.  

Budget defense — With the current pandemic, state budgets across the country have been pushed to the brink, and that is certainly no different in Colorado. While creative measures to find funds for imperative state needs must be pursued, CTU will defend against redirecting funds that are specifically dedicated to natural resources, such as those earned under Proposition DD from sports betting to help fund the Colorado Water Plan. Likewise, we will defend against budget cuts and furloughs at important state agencies like Colorado Parks and Wildlife that manage fish, wildlife, and habitat programs critical to our mission. 

Of course, we’ll keep you updated throughout the course of the Colorado’s legislative session. If any of these particular items need assistance in terms of advocacy efforts like calling, emailing or Tweeting your elected official, we’ll be in touch.  

Colorado TU Supports the Great American Outdoors Act

Anglers thank Senators Gardner, Bennet for investing in public lands

Denver, Colo – Colorado Trout Unlimited strongly endorses the Great American Outdoors Act (S. 3422), which is expected to be voted on by the U.S. Senate next week. The bill, introduced by Senator Cory Gardner and cosponsored by Senator Michael Bennet, would for the first time guarantee full, dedicated funding to the Land and Water Conservation Fund (LWCF), one of America’s most successful conservation programs, as well as commit $9.5 billion toward public lands maintenance needs. The legislation has broad, bipartisan support with 58 cosponsors and President Trump has signaled his support.

“Colorado is fortunate to have bipartisan leadership from our Senators in securing funds for LWCF and maintenance on our public lands,” said Colorado TU Executive Director David Nickum. “We greatly appreciate the efforts of Senators Gardner and Bennet in sponsoring the Great American Outdoors Act and their hard work in moving it toward Senate passage.”

For more than half a century, LWCF has used a portion of federal offshore energy revenues — at no cost to taxpayers — to conserve our public lands, water, and open spaces and protect the outdoor recreation opportunities they offer. LWCF has invested over $268 million in Colorado, helping to secure access and conserve special places across the state, including the Gunnison Gorge National Conservation Area, Great Sand Dunes National Park and Preserve and boat launches on the Colorado River. 

Unfortunately, while $900 million is generated by energy royalties for the program each year, in its more than 50-year history the LWCF has only been fully funded once – with funds instead being diverted by Congress toward other unspecified purposes. The Great American Outdoors Act would solve this problem by permanently dedicating those annual revenues to LWCF.

"Public lands are an icon of democracy,” said Colorado TU President Matt Moskal. “They are places to celebrate our rich natural history and they provide all Americans with the freedom to recreate in our most cherished places. By fulling funding the LWCF and providing critical support for the stewardship of our public lands, the Great American Outdoors Act will maintain this legacy. Colorado Trout Unlimited, on behalf of its 12,000 members state-wide, strongly supports this legislation."

The legislation also includes $9.5 billion in funding over five years to tackle deferred maintenance on public lands. The legislative proposal originally included deferred maintenance funding only for the Park Service, but hunters and anglers championed a change to provide funding for all public land management agencies. The public lands maintenance backlog has been mounting for decades and is now estimated at $20 billion, with the Park Service share alone nearly $12 billion. 

Region 2 of the Forest Service, which includes Colorado, has a deferred maintenance backlog of $477 million, and the road maintenance backlog on the Grand Mesa-Uncompahgre National Forest alone is $49 million. This problem does more than create challenges accessing our public lands; poorly maintained roads degrade trout streams through increased erosion that bleeds sediment into rivers and streams. Oftentimes these roads also have undersized culverts that block trout migrations. TU partners with both the Department of the Interior and Forest Service on collaborative restoration projects and has leveraged nearly $43 million in funding to complete restoration projects on Forest Service lands.

“Fixing roads that are bleeding sediment and removing migration barriers for trout at road crossings are just two examples of how this bill and TU’s partnership with federal agencies benefit anglers and public lands users,” noted Moskal. “We hope to see this bill’s passage into law this summer so dedicated funding is guaranteed to continue our work to make fishing better.”

About Colorado Trout Unlimited:

Colorado Trout Unlimited is dedicated to conserving, protecting and restoring Colorado’s coldwater fisheries and their watersheds. With a grassroots base comprised of nearly 12,000 members in 24 local chapters across the state, Colorado TU works both locally and statewide through advocacy, education, and on-the-ground restoration projects. For more information visit www.coloradotu.org.

Celebrating the passing of the CORE Act through U.S. House of Representatives

Image credit: https://conservationco.org/

Excerpt from the Real Vail article.

Today, Trout Unlimited celebrates the Colorado Outdoor Recreation & Economy Act (CORE Act) passing through the U.S. House of Representatives and moving on to the U.S. Senate. This important legislation conserves more than 400,000 acres of public lands in the Centennial State, along with fish, wildlife and the traditional sportsmen’s values of Colorado’s Western Slope. 

 “Hunters and anglers across the state applaud the members of the House for passing this important legislation protecting our public lands and the vital fish and wildlife habitat they provide here in Colorado,” said Scott Willoughby, Colorado public lands coordinator for Trout Unlimited. “The CORE Act balances public access to fishing, hunting, and recreation in these special places with protection of pristine headwaters that support native trout populations. Following today’s vote, we look forward to working with the Colorado delegation to move this bill forward in the Senate.” 

The four components of the CORE Act provide protection and improved access to public lands in western Colorado. It expands wilderness designations in the San Juan Mountains, increases fishing access and streamlines management of the Curecanti National Recreation Area and permanently protects the Thompson Divide from inappropriate oil and gas development. Lastly, it also establishes special management areas along the Continental Divide, including a first-of-its-kind National Historic Landscape honoring Colorado’s military legacy at Camp Hale where the 10th Mountain Division trained for winter combat in World War II. 

Trout Unlimited members have long advocated for protection for these unique landscapes, including the Thompson Divide, where nearly half of the CORE Act’s protected lands provide a largely roadless refuge for numerous economically and ecologically important wildlife species, including native trout and large populations of elk and mule deer that require room to roam. 

 “Preserving wildlife connectivity and protecting our waters and lands is of utmost importance to sportsmen living in Colorado as well as those who travel here to take advantage of what these special areas offer,” Willoughby said. “Economic impacts from sportsmen are a big driver in Colorado, so ensuring more access and opportunities is critical to maintaining our recreation economy and the license revenue required by Colorado Parks and Wildlife for fish and wildlife management.” 

A map of lands affected by the CORE Act in Colorado. (Handout from U.S. Rep. Joe Neguse and U.S. Sen. Michael Bennet)

Among the benefits of the CORE Act, the Curecanti Boundary Establishment Act promises to restore an additional 11.5 miles of public fishing access in the Gunnison River Basin due to an as-yet unfulfilled mitigation obligation from the U.S. Bureau of Reclamation dating back to the creation of Blue Mesa Reservoir and the surrounding Aspinall Unit in the late 1960s. Additionally, the San Juan Mountains Wilderness Act will benefit the San Miguel, Uncompahgre, and Animas watersheds, protecting 2.5 miles of Colorado River cutthroat trout habitat, which currently occupy less than 10 percent of their historic range. 

“TU deeply appreciates Representative Neguse’s efforts and the strong support of Chairman Grijalva for enabling its passage, said Willoughby. “It is a true testament to Colorado’s commitment to investing in our treasured public lands and outdoor recreation economy.” 

Read More: https://www.aspendailynews.com/news/house-passes-core-act-which-protects-thompson-divide/article_d3632ad2-fc07-11e9-90e4-cffdd277f613.html

A Good Year for Trout at the Capitol

Legislative Recap

By Jen Boulton, CTU Legislative Liaison

The 2019 session was one of the most intense in recent years. There was some Washington DC level obstruction on numerous bills; which led to some very long days, and even longer nights. After the dust settled, however, the conservation community achieved some remarkable successes.

One of the highest priorities for CTU was HB1113 to revamp some of the hard rock mining laws in the state. Most notably, the bill prohibited reliance on perpetual water treatment for newly permitted mines. Under the previously existing law, companies could apply for permits knowing that perpetual mine drainage pollution would result from their activities. In fact, the policy of the State of Colorado hasn’t allowed the practice for several years; but with passage of HB1113, the practice is prohibited by law so our streams and rivers are less reliant on the policies of a single department. HB1113 also prohibited the use of “self-bonding” for recovery on mining sites. Self bonding allowed companies to claim that a healthy corporate balance sheet negated the need to post bonds in order to ensure sufficient resources for reclamation. Lastly, the bill gave specific authority to State regulators to require bonds to protect water quality, rather than solely for surface reclamation. Put together, these provisions will help ensure that future mining operations are required to operate responsibly and in a manner that adequately restores the environments where mining takes place.

Another key measure was passage of the oil and gas regulation bill. One of the biggest obstacles to updating regulations on the oil and gas industry to protect streams and rivers has been the statutory provision that the agency responsible for regulation has also been required to foster development of oil and gas resources. That dual mission has led to significant difficulties in protecting water quality, as well as public health and safety. There has been a tremendous amount of misinformation circulated about this bill. It was absolutely not a resurrection of the 2018 ballot measure on setbacks – a measure that Colorado TU did not support. In fact, the word setback wasn’t even in the bill.

The bill actually addressed two major issues, and several smaller issues to streamline the process and improve transparency. First it removed the requirement that the State foster development. Instead, it made the regulatory agency responsible solely for regulating the industry. Second, the bill gave increased authority to local governments to regulate the siting of facilities in accordance with their land use policy. This provision was one of the most contentious. Industry claimed that the resulting patchwork of regulations would make development prohibitively expensive. Ironically, the bill merely put the oil and gas industry on the same footing with all other commercial and residential development, which was already subject to regulation and permitting by each local jurisdiction in the State.

On a more disappointing note, we were unable to pass HB1218, a bill that would have expanded the existing program allowing temporary leasing of water for protection of instream flows. The bill expanded the existing program from allowing temporary leases three years in a single ten year period; to allowing up to five years of leasing in ten, with renewal for up to two additional ten year terms. This program has already been used to help keep more water in drought-stricken streams, including three times (through 2018) on the Yampa River where leasing partnerships with the local water conservancy district have been essential in maintaining the fishery through drought years.  Unfortunately, the opposition was strong enough to derail the bill, and force it into a discussion during the Summer at the water resources and review committee.

Stay tuned: this fight will be back next year.

Funding for Outdoor Recreation in Colorado at Risk

See the full article from CBS 4 Denver featuring Trout Unlimited's Scott Willoughby.

Outdoor recreation is widely recognized as being one of the largest industries in Colorado, providing over 200,000 jobs, $9.7 billion in wages and salaries, and $28 billion in consumer spending. In fact, 71% of the state's residents participate in outdoor recreation alone. (Stats from the Outdoor Industry Association)

Most outdoor recreation occurs on the state's public lands and parks which are funded through various avenues. One of those funding sources comes from the Land and Water Conservation Fund (LWCF), which has set aside and protected special places in Colorado and nationwide for more than 50 years. This fund is not fueled by tax dollars but rather the royalties from offshore oil and gas developments. Unfortunately, the continuation of this fund is set to expire September 30, 2018 unless Congress steps up.

So far, Senators Bennet and Gardner have both been leaders in supporting LWCF – but we need Colorado’s House delegation to also step up so that this successful program isn't lost to Congressional gridlock.

“I am proud to support the permanent reauthorization of the Land and Water Conservation Fund. The funding will help states protect their natural treasures and wildlife for generations to come. This bill not only has an important environmental impact, but it is also important to Colorado’s economy in promoting outdoor recreation.”

— Representative Mike Coffman

CTU and Colorado Wildlife Federation leaders meeting with Representative Mike Coffman.

On August 20, 2018 the Colorado Wildlife Federation and Colorado Trout Unlimited thanked Representative Mike Coffman for supporting the reauthorization of the LWCF at the trailhead of the West Toll Gate Creek Trail in Aurora, a key segment in its trail system that has received substantial support from a federal grant from the LWCF. 

"From trails and parks along the Front Range, to expanding angling and hunting access on the west slope, the Land and Water Conservation Fund has invested millions of dollars into Colorado's great outdoors," said Colorado Trout Unlimited Executive Director David Nickum. "We thank Representative Mike Coffman for supporting reauthorization of LWCF, and urge the rest of our Congressional delegation to join him to ensure that this successful program doesn't expire after September." 

You can read the full press release from the Colorado Wildlife Federation here. 

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