Date: 02/12/2009

Final
BILL SUMMARY for SB09-141

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Votes: View--> Action Taken:
Moved Amendment L 001. The motion passed without
Moved to refer SB 09-141, to the Committee of the
Pass Without Objection
PASS



01:46 PM -- Senate Bill 09-141

Senator Tapia, sponsor, described the provisions of Senate Bill 09-141 that creates the Fountain Creek Watershed, Flood Control, and Greenway District in El Paso and Pueblo counties (Attachment A and B). The district is to manage and fund capital improvements in the Fountain Creek watershed to mitigate flooding and erosion; address water quality issues; improve drainage; protect open space; and develop public recreational opportunities. The district is governed by a board of directors, and membership on the board is specified in the bill. The district may levy a property tax and issue bonds, subject to voter approval. The district may also levy special assessments through improvement districts. Service charges may also be charged to property owners or occupants that connect to district facilities. Senator Tapia described the land, water, and other resources included in the proposed district. He also distributed Amendment L. 001 (Attachment C) and the unofficial Pre-Amended version of the bill that includes Amendment L. 001 (Attachment D).

090212AttachA.pdf 090212AttachB.pdf 090212AttachC.pdf 090212AttachD.pdf

The following persons testified on the bill:

01:57 PM --
Jeff Chostner, Chairman of the Pueblo County Board of Commissioners, described a conflict between Pueblo County and El Paso County related to flooding and water quality impacts to the Fountain Creek watershed. He also described the process that lead to the formation of the proposed district and spoke in support of the bill.

02:03 PM --
Sallie Clarke, El Paso County Commissioner, described the process that lead to the formation of the proposed district that is modeled on an urban drainage district and spoke in support of the bill.

02:07 PM --
Barb Vidmar, City of Pueblo, described the process that lead to the formation of the proposed district and spoke in support of the bill.

02:09 PM --
Jay Winner, General Manager of the Lower Arkansas Valley Water Conservancy District, explained that the Colorado Water Conservation Board provided a grant to study the management of the Fountain Creek watershed and described agriculture and other resources in the watershed. He also spoke in support of the bill.

02:12 PM --
Larry Patterson, City of Fountain, described the process that lead to the formation of the proposed district and spoke in support of the bill. He also described flooding on Fountain Creek that has impacted the city, and he described efforts to obtain conservation easements in the watershed to protect agricultural lands and open space.

02:17 PM --
Mr. Winner returned to answer questions about proposed conservation easements in the watershed.

02:18 PM -- Larry Small, City of Colorado Springs, described the process that lead to the formation of the proposed district and spoke in support of the bill. He also described community support for the preservation of open space and the protection of the Fountain Creek watershed.

02:23 PM --
Gary Barber, El Paso County Water Authority, described how the proposed district would be governed, its revenue raising authority, and other provisions of the bill. He also described the proposed boundaries of the district and spoke in support of the bill.

02:28 PM

Senator Tapia responded to questions from the committee regarding the powers of the proposed district. He explained that a small portion of the district, known as "the corridor" will be regulated by the district under its land use powers specified in proposed Section 32-11.5-205 (3) (b) (1), C.R.S. (Section 1 of the introduced bill).

02:34 PM --
Jen Boulton,, Audubon Colorado, Trout Unlimited, commented on the bill.

BILL:SB09-141
TIME: 02:37:37 PM
MOVED:Hodge
MOTION:Moved to refer SB 09-141, to the Committee of the Whole, as amended. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Yes
Harvey
Yes
Kester
Yes
Schwartz
Yes
Hodge
Yes
Isgar
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB09-141
TIME: 02:37:54 PM
MOVED:Hodge
MOTION:Moved Amendment L 001. The motion passed without objection.
SECONDED:
VOTE
Brophy
Gibbs
Harvey
Kester
Schwartz
Hodge
Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




02:39 PM

The committee recessed.