Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Date:04/16/2009
ATTENDANCE
Time:01:37 PM to 02:52 PM
Brophy
*
Gibbs
X
Place:SCR 353
Harvey
X
Kester
X
This Meeting was called to order by
Schwartz
E
Senator Isgar
Hodge
X
Isgar
X
This Report was prepared by
David Beaujon
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 09-Board of Stock Inspection Commissioners
Conf 09-State Agriculture Commission
HB09-1289
HB09-1303
Favorably Refer to the Full Senate
Favorably Refer to the Full Senate
Referred to Appropriations
Amended, Referred to the Committee of the Whole

01:38 PM -- Consideration of Governor's appointment to the State Board of Stock Inspection Commissioners

Senator Isgar welcomed the Governor's appointee to the State Board of Stock Inspection Commissioners and invited him to describe his experience and interest in serving on the commission (Attachment A).

090416AttachA.pdf

01:38 PM

Rick Waylert, Brand Commissioner, spoke in support of Mr. LeValley's appointment to the State Board of Stock Inspection Commissioners.

01:39 PM

John Stulp, Commissioner of Agriculture, spoke in support of Mr. LeValley's appointment to the State Board of Stock Inspection Commissioners.

01:40 PM

Mark B. LeValley of Hotchkiss described his experience and interest in serving on the commission. Mr. LeValley was reappointed to represent the non-confinement cattle industry, effective May 1, 2009, for a term expiring May 1, 2013.





01:42 PM

Mr. Waylert and Mr. LeValley responded to questions from the committee about the need to increase brand inspection fees to pay for operations of the Brand Board.

01:44 PM

Commissioner Stulp explained how the state hiring freeze has affected the staffing needs of the Brand Board. He also described the problem of abandoned horses and the lack of sale barns that are willing to accept them.
BILL:Conf 09-Board of Stock Inspection Commissioners
TIME: 01:48:12 PM
MOVED:Hodge
MOTION:Moved to refer to the full Senate with favorable recommendation the following Governor's appointment to State Board of Stock Inspection Commissioners: Mark B. LeValley of Hotchkiss, Colorado, to represent the non-confinement cattle industry, reappointed effective May 1, 2009, for a term expiring May 1, 2013. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Yes
Harvey
Yes
Kester
Yes
Schwartz
Excused
Hodge
Yes
Isgar
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:49 PM -- Consideration of Governor's appointment to the State Agricultural Commission

Senator Isgar welcomed the Governor's appointees to the State Agricultural Commission and invited them to describe their experience and interest in serving on the commission (Attachment B).

090416AttachB.pdf

01:50 PM

John Stulp, Commissioner of Agriculture, described the membership requirements for the State Agriculture Commission that was amended by Senate Bill 08-96 and spoke in support of the reappointment of these four members to the Commission.

01:51 PM

Donald S. Rutledge of Yuma described his experience and interest in serving on the Commission. Mr. Rutledge is reappointed to serve as a Democrat from the Second Agricultural District for a term expiring March 1, 2013.

01:51 PM

Del R. Chase of McClave described his experience and interest in serving on the Commission. Mr. Chase is reappointed as a Republican from the Third Agricultural District to serve as a member from the State at-large for a term expiring March 1, 2013.

01:52 PM

Alex C. Gerace of Denver described his experience and interest in serving on the Commission. Mr. Gerace is reappointed as an unaffiliated from the First Agricultural District to serve as a member from the State at-large for a term expiring March 1, 2013.

01:53 PM

Bradley A. Rock of Wray described his experience and interest in serving on the Commission. Mr. Rock is reappointed as a Republican from the Second Agricultural District, to serve as a member from the State at-large, for a term expiring March 1, 2013.
BILL:Conf 09-State Agriculture Commission
TIME: 01:54:15 PM
MOVED:Hodge
MOTION:Moved to refer to the full Senate with favorable recommendation the following Governor's appointments to the State Agricultural Commission for terms expiring March 1, 2013: Donald S. Rutledge, Bradley A. Rock, Del R. Chase, and Alex C. Gerace. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Yes
Harvey
Yes
Kester
Yes
Schwartz
Excused
Hodge
Yes
Isgar
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:55 PM

The committee recessed.

02:00 PM -- House Bill 09-1289

Senator Isgar, sponsor, described the provisions of House Bill 09-1289 concerning the Species Conservation Trust Fund. The reengrossed bill appropriates money from both the Operation and Maintenance Account and the Capital Account of the Species Conservation Trust Fund for programs submitted by the Executive Director of the Department of Natural Resources. These programs seek to conserve native species listed as threatened or endangered under state or federal law, are candidate species, or are likely to become candidate species as determined by the United States Fish and Wildlife Service.

The following persons testified on the bill.

02:02 PM --
Doug Robotham, Assistant Director of the Department of Natural Resources, spoke in support of the bill and explained how the program helps address and manage risk related to enforcement of the federal Endangered Species Act. He also described the projects that would be funded under House Bill 09-1289 including $4 million for the Platte River Recovery Program and $1 million for the Upper Colorado River Endangered Fish Recovery Program (Attachment C). He explained that the Colorado Wildlife Commission and the Colorado Water Conservation Board support the bill. He also responded to questions from the committee about projects that would be funded by the bill.

090416AttachC.pdf




02:15 PM --
Jeff Ver Steeg, Division of Wildlife, responded to questions about how moneys are appropriated to control diseases affecting white tailed prairie dogs.

02:19 PM -- Chris Piper, Denver Water Department, spoke in support of the bill.

02:20 PM

Senator Isgar closed his remarks on the bill and described additional funding needs for the Species Conservation Trust Fund.
BILL:HB09-1289
TIME: 02:21:40 PM
MOVED:Isgar
MOTION:Moved to refer House Bill 09-1289 to the Committee on Appropriations, without amendment. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Yes
Harvey
Yes
Kester
Yes
Schwartz
Excused
Hodge
Yes
Isgar
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:22 PM

The committee recessed.

02:24 PM -- House Bill 09-1303

Senator Isgar, sponsor, described the provisions of House Bill 09-1303. The reengrossed bill allows the Division of Water Resources (DWR) to promulgate rules regarding the withdrawal of nontributary ground water related to the mining of minerals (e.g. oil and gas wells). The bill delays when current prohibitions on the waste of water or the destruction of water resources apply to oil and gas wells until March 31, 2010, to allow for rule promulgation and to determine which existing oil and gas wells will be classified as nontributary. In general, nontributary groundwater is isolated from stream systems. In addition, the bill establishes a process to integrate coalbed methane wells that remove tributary ground water (water this is connected to stream) into the doctrine of prior appropriation and the water court adjudication process. He also distributed Amendment L. 009 (Attachment D).

090416AttachD.pdf

The following persons testified on the bill:

02:29 PM --
Kevin Rein, Division of Water Resources, spoke in support of the bill and described the current regulation of water produced from oil and gas wells, also known as "produced water" by the Division of Water Resources and the Colorado Oil and Gas Conservation Commission. He also described the regulation of well that pump tributary ground water (water connected to streams) and nontributary ground water (water that is essentially unconnected to streams). He explained that the Colorado Supreme Court is currently considering Vance v. Simpson that is on appeal from the district court. In this case, the district court ruled that removing water from a ground water formation while recovering oil or gas is a beneficial use of water that requires a permit from the Division of Water Resources. If this decision is upheld, the Division would be required to permit up to 37,000 oil and gas wells in Colorado.

02:37 PM --
Steve Sims, Pioneer Natural Resources, spoke in support of the bill and Amendment L.009.

02:38 PM --
Alan Curtis, Colorado Water Congress, explained that he represented the Vance family in its litigation against the State Engineer. He also spoke in support of the bill.

02:39 PM --
Ken Wonstolen, Colorado Oil and Gas Association, spoke in support of the bill.

02:40 PM --
Becky Long, Colorado Environmental Coalition, spoke in support of the bill.

02:41 PM

Senator Isgar closed his remarks on the bill.
BILL:HB09-1303
TIME: 02:43:09 PM
MOVED:Isgar
MOTION:Moved Amendment L.009. The motion passed without objection.
SECONDED:
VOTE
Brophy
Gibbs
Harvey
Kester
Schwartz
Excused
Hodge
Isgar
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

02:44 PM

Mr. Rein described the provision of Amendment L.009 and spoke in support of it.
BILL:HB09-1303
TIME: 02:48:56 PM
MOVED:Isgar
MOTION:Moved to refer HB 09-1303 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

02:51 PM

The meeting adjourned.