Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES & ENERGY

Date:05/01/2008
ATTENDANCE
Time:01:39 PM to 03:09 PM
Brophy
X
Gibbs
*
Place:SCR 353
Harvey
*
Romer
*
This Meeting was called to order by
Taylor
X
Senator Isgar
Schwartz
X
Isgar
X
This Report was prepared by
Raegan Robb
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 08-State Fair Authority Board
Conf 08-State Board of Stock Inspection Commissioners
SB08-247		Favorably Refer to the Full Senate
Favorably Refer to the Full Senate
Laid Over


01:38 PM

The chairman, Senator Isgar, called the meeting to order.


01:40 PM -- Confirmation of Members to the Colorado State Fair Authority Board of Commissioners

The appointees for membership of the Colorado State Fair Authority Board of Commissioners came to the table and introduced themselves. A copy of their materials was provided to the committee (Attachment A). Attachment A can be viewed at Legislative Council or State Archives. Paul Bernklau, Edward B. Cordes, Mark A. Arndt, and Patty Shaw Castilian discussed their interest in and qualifications for membership to the board. They responded to comments and questions from the committee regarding the agriculture and livestock in the state, the State Fair, and the policy implemented by the state fair for premise identification registration for animals entered into the fair.

Attachment A can be viewed at Legislative Council or State Archives.











BILL:Conf 08-State Fair Authority Board
TIME: 02:00:11 PM
MOVED:Taylor
MOTION:Favorably refer the nominations of Paul E. Bernklau, Edward B. Cordes, Mark A. Arndt, and Patty Shaw Castilian to the full Senate for confirmation to the Colorado State Fair Authority Board of Commissioners. The motion passed 7-0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Yes
Harvey
Yes
Romer
Yes
Taylor
Yes
Schwartz
Yes
Isgar
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:01 PM

The appointee for membership of the State Stock Inspection Board came to the table, introduced himself, and discussed recent changes to the makeup of the Stock Inspection Commissioners. A copy of his materials was provided to the committee (Attachment B). Attachment B can be viewed at Legislative Council or State Archives. James C. Heird discussed his interest in and qualifications for membership to the board and responded to comments and questions from the committee regarding the state's land management policies.

Attachment B can be viewed at Legislative Council or state Archives.

02:03 PM

John Stulp, Commissioner, Department of Agriculture, entered comments on the merits of Dr. Heird to the State Board of Stock Inspection.



















BILL:Conf 08-State Board of Stock Inspection Commissioners
TIME: 02:04:05 PM
MOVED:Taylor
MOTION:Favorably refer the nomination of James C. Heird to the full Senate for confirmation to the State Board of Stock Inspection Commissioners. The motion passed 7-0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Yes
Harvey
Excused
Romer
Yes
Taylor
Yes
Schwartz
Yes
Isgar
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:06 PM -- Senate Bill 08-247

Senator Brophy, co-prime sponsor of Senate Bill 08-247, concerning water supply plans to replace out-of-priorty depletions. He discussed current snow pack conditions in the state that are projected to provide a surplus of water and explained the need to increase farm production due to the current agricultural market.

Senator Isgar, co-prime sponsor of Senate Bill 08-247, explained past policies of substitute water supply plans and the need to allow plans to repair out-of-priority depletions caused by well operations. He explained that the bill authorizes the state engineer to approve substitute water supply plans for the replacement of out-of-priority depletions prior to January 1, 2003. Senator Isgar explained that the bill repeals the authority of the state engineer to approve such water supply plans on July 1, 2018, and specifies that existing plans shall expire on that date. He addressed questions concerning the process for acquiring a substitute water supply plan to replace out-of-priority depletions and the late introduction of the bill.


02:13 PM

Eric Wilkinson, General Manager, Northern Colorado Water Conservancy District, testified in support of the bill and explained that the bill would allow flexibility to repair augmentation plans with well depletions along the South Platte River Basin. Mr. Wilkinson explained decreed augmentation plans inherited by well depletions prior to January 1, 2003. He discussed the importance for the bill to use water supply plans to repair out-of-priority depletions caused by well pumping. He also discussed the regional need for water, and the need to apply each year for the use of water from the Colorado Big Thompson Project.













02:20 PM

John Hendrick, Centennial Water and Sanitation District, testified against the bill and discussed frustration over the late introduction of the bill. Mr. Hendrick discussed opposition to specific provisions in the bill and explained that the bill would only provide a short term benefit from early spring run-off through the early part of the agricultural season. He addressed questions from the committee concerning the idea of using substitute water supply plans and the process for notification and comments for the protection of senior water rights.


02:28 PM

Troy Bredenkamp, Executive President Colorado Farm Bureau, testified in support of the bill, discussed the need to ensure the protection of senior water rights,
the need to allow substitute water supply plans to replace past depletions in the South Platte River Basin. Mr. Bredenkamp addressed questions from the committee concerning the amount of time available to discuss the ideas of Senate Bill 08-247 with other stakeholders.


02:31 PM

Gary Herman, President, Central Colorado Water Conservancy District, testified in support of the bill and discussed the large number of wells with post-pumping depletions in the subdistricts of the Central Water Conservancy District. Mr. Herman discussed the need to use substitute water supply plans to repair out-of-priority depletions by wells along the South Platte.


02:34 PM

Tom Cech, Manager, Central Colorado Water Conservancy District, testified in support of the bill and discussed the idea of using water from the Colorado Big Thompson Project for substitute water supply plans to repair out-of-priority well depletions. Mr. Cech discussed the origin of the bill, explained the urgency for the bill to take effect in 2008 due to the amount of snow melt, and talked about the urgency to allow well operators along the South Platte River to mitigate post-pumping depletions through substitute water supply. Mr. Cech, addressed questions from the committee concerning the small increment of water that would be available to well operators with out-of-priority depletions.


02:38 PM

Frank Eckherdt, Western Ditch Company and Central Colorado Water Conservancy District, testified in support of the bill and discussed water shortages along the South Platte River Basin.














02:41 PM

Skyler Loeffler, Farmer and Board Member, Central Colorado Water Conservancy District, testified in support of the bill and discussed the need for substitute water supply plans to repair out-of-priority depletions for well operators in the South Platte River Basin.


02:43 PM

Dick Wolf, State Engineer, Division of Water Resources, addressed the committee and discussed the provisions of the bill and the process for the bill for the state engineer to approve substitute water supply plans to allow the plans to repair out-of-priority depletions. Mr. Wolf addressed questions from the committee concerning processing substitute water supply plans and the process to protect senior water rights by filing with water court.


02:46 PM

Ronni Sperling, General Counsel, representing the City of Boulder, Centennial Water and Sanitation District, Harmony Ditch, and Pawnees Well Users, testified against the introduced version of the bill and discussed past changes to state water law implemented by Senate Bill 08-073, which established a process to implement substitute water supply plans to repair out-of-priority depletions in Water Division 1. Ms. Sperling discussed concerns about the review and appeals process for substitute water supply plans by senior water rights holders in Water Division 1.


02:50 PM

Jason Turner, General Counsel, City of Sterling, testified against the bill, discussed frustration over the late introduction of the bill, and explained that the current process to use substitute water supply plans to replace past depletions is already in place in state law.


02:52 PM

Mark Sponsler, Colorado Corn Growers, testified in support of the bill and discussed the need to approve substitute water supply plans to allow the plans to repair out-of-priority depletions.


02:53 PM

Alexandra Davis, Assistant Director of Water, Department of Natural Resources, testified in support of the bill and explained that the bill would not impact water supply to the western slope of Colorado. She explained that the bill would allow the use of excess water out of the Big Thompson Project, but not automatically guarantee the use of water to replace past depletions. She explained that the bill would connect a statutory gap between the supply plan statute and augmentation plan statute, and responded to questions from the committee concerning a sunset clause added to the bill.









02:56 PM

Joan Green, North Sterling Irrigation District, testified against the bill and entered a letter from North Sterling Irrigation District addressing concerns on the bill (Attachment C).

080105SenateAgAttachC.pdf


02:57 PM

Sara Duncan, Denver Water, testified in support of the bill and explained that ground water injury created by post-pumping depletions occurred prior to state law specifically prohibited well users from pumping.


02:58 PM

Cynthia Covell, General Counsel, Fort Morgan Irrigation Company, addressed the committee to express concerns that the bill could allow the State Engineer's Office to appropriate excess ditch flow to abate post-pumping well depletions.


03:00 PM

John Meininger, South Platte Water Well Owners, testified in support of the bill and explained that current state law does not allow excess water that is available to mitigate post-pump depletions. He expressed the urgency to take advantage of the excess water that is available in the state.


03:01 PM

Paul Sater, Farmer, South Platte River Basin, testified in support of the bill and discussed the need to use excess water from the Colorado Big Thompson Project to approve substitute water supply plans to allow the plans to repair out-of-priority depletions.


03:03 PM

Senators Brophy and Isgar, entered closing comments on the bill.














BILL:SB08-247
TIME: 03:06:15 PM
MOVED:Isgar
MOTION:Moved to refer Senate Bill 08-247 to the Committee of the Whole. The motion failed 3-4.
SECONDED:
VOTE
Brophy
Yes
Gibbs
No
Harvey
No
Romer
Yes
Taylor
No
Schwartz
No
Isgar
Yes
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


03:09 PM

The committee adjourned.