Bill Summary for Bill Number HB08-1030

Date: 01/30/2008

Final
BILL SUMMARY for HB08-1030

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View-->	Action Taken:
Moved Amendment L. 002 (Attachment B). The motion Moved Amendment L. 003 (Attachment E). The motion Moved to refer HB 08-1030 to the Committee of the	TIE TIE PASS

10:51 AM -- House Bill 08-1030

Representative Hodge, sponsor, described the provision of HB 08-1030 concerning the exemption of depletions from pumping that occurred prior to 1974. She explained that the bill was recommended by the interim Water Resources Review Committee and affects approximately 700 acre feet of depletions in the South Platte River Basin. Depletion is the amount of water that does not return to a stream after it has been beneficially used. She also distributed Amendment L. 001 (Attachment A) and Amendment L. 002 (Attachment B).

The following persons testified on the bill:

10:54 AM -- Steven Janssen, Henry Lyn Irrigation District, spoke in opposition to the bill and described how well depletions are determined. He also responded to questions from the committee about the effect of a 700 acre-feet depletion on the Henry Lyn Irrigation District and the seniority of the district's water rights.

11:04 AM -- Manuel Montoya, Farmers Reservoir and Irrigation Company, spoke in opposition to the bill and expressed concern about the potential litigation costs that may result from the bill.

11:09 AM -- John Akolt, Farmers Reservoir and Irrigation Company, spoke in opposition to the bill and described how water rights are administered under Colorado's doctrine of prior appropriation. He expressed concern that the 700 acre feet of depletions exempted by HB 08-1030 would impact senior water rights, including those owned by his company.

11:13 AM -- Tim Buchanan, Harmony Ditch Company, spoke in opposition to the bill. He expressed concern about its effect on senior water rights and litigation costs related to the bill. He also responded to questions from the committee about the amount of depletions affected by the bill.

11:24 AM -- Jim Hall, Division 1 Engineer (South Platte River Basin) of the Division of Water Resources, spoke in support of the bill and described the history of water augmentation requirements for wells in the South Platte River Basin. He also described how water in the basin is administered based on the seniority of water rights and responded to questions about regulation of evaporative depletions from flooded gravel mines in the basin.

11:33 AM -- Robert Longenbaugh, representing himself, spoke in support of the bill and expressed concern about how ground water rights are administered in the South Platte River Basin and about how well depletions are calculated (Attachment C). He also responded to questions about changes in ground water levels in the South Platte River Basin and he identified other sources of depletions to the river including the spread of phreatophytes (Tamarisk and other invasive plants), increased irrigation efficiency, and gravel mines.

11:47 AM -- Greg Hertzke, Central Colorado Water Conservancy District, spoke in support of the bill and identified the potential impact of the 700 acre feet of depletions affected to the bill. He explained that the effect of the depletions on water rights would be spread across the basin.

11:54 AM -- Robert Trout, Northern Colorado Water Conservancy District, described the district's water right that primarily come from the Colorado River Basin and spoke in support of the bill. He also identified the potential benefits of the bill for groundwater users.

11:59 AM -- Sara Duncan, Denver Water Department, described how augmentation plans work to allow junior water users to pump water out-of-priority during shortages without injuring senior water rights. She also spoke in support of the bill.

12:03 PM -- Gene Kleve, Colorado Farm Bureau, spoke in support of the bill.

12:05 PM -- Alexandra Davis, Colorado Department of Natural Resources, spoke in support of the bill and responded to questions about the amount of the depletions affected by the bill.

12:09 PM

The committee recessed.

01:23 PM

The committee returned from recess. Jim Hall, Division 1 Engineer of the Division of Water Resources, provided information about the pumping depletions remaining from pre-1974 pumping in the South Platte River Basin (Attachment D).


BILL:	HB08-1030
TIME:	01:28:37 PM
MOVED:	Hodge
MOTION:	Moved Amendment L. 003 (Attachment E). The motion was adopted without objection.
SECONDED:	Solano
		VOTE
	Fischer
	Gardner C.
	Hodge
	Looper
	McFadyen
	McKinley
	McNulty
	Rose
	Scanlan
	Solano
	Sonnenberg
	Gallegos
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

Jim Hall responded to questions from the committee regarding the number of wells affected by HB 08-1030.

01:28 PM

Jim Hall responded to questions from the committee regarding the number of wells affected by HB 08-1030.


BILL:	HB08-1030
TIME:	01:32:32 PM
MOVED:	Hodge
MOTION:	Moved Amendment L. 002 (Attachment B). The motion was adopted without objection.
SECONDED:	Gallegos
		VOTE
	Fischer
	Gardner C.
	Hodge
	Looper
	McFadyen
	McKinley
	McNulty
	Rose
	Scanlan
	Solano
	Sonnenberg
	Gallegos
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

01:33 PM

The committee recessed.


BILL:	HB08-1030
TIME:	01:37:47 PM
MOVED:	Hodge
MOTION:	Moved to refer HB 08-1030 to the Committee of the Whole, as amended. The motion passed on a vote of 10-3.
SECONDED:	McFadyen
		VOTE
	Fischer	Yes
	Gardner C.	Yes
	Hodge	Yes
	Looper	Yes
	McFadyen	Yes
	McKinley	Yes
	McNulty	No
	Rose	No
	Scanlan	Yes
	Solano	No
	Sonnenberg	Yes
	Gallegos	Yes
	Curry	Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS