Date: 04/01/2009

Final
BILL SUMMARY for HB09-1303

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Moved amendment L.003 (Attachment X). The motion
Moved amendment L.004 (Attachment Y). The motion
Moved amendment L.005 (Attachment Z).
The commit
Moved to refer House Bill 09-1303, as amended, to
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS



04:43 PM -- House Bill 09-1303

Representative Curry, prime sponsor, presented HB 09-1303 concerning the application of engineering criteria to increase efficiency in the administration of wells that withdraw ground water in conjunction with the mining of minerals and integrating wells that withdraw ground water in conjunction with the mining of minerals into the prior appropriation system and extending the time schedule for well owners to correct deficiencies in permitting and operation. The bill establishes guidelines regarding the removal of ground water from geological formations in conjunction with the mining of minerals. In doing so, it directly affects the number of well permits that will need to be processed by the Division of Water Resources in the Department of Natural Resources. Two summaries of HB 09-1303 were distributed to the committee (Attachment S and T). The committee discussed amendment L.003, which Representative Curry explained had been agreed to by the stakeholders involved in bill negotiations. A memorandum describing the fiscal impact of the bill with amendment L.003 was distributed to the committee (Attachment U).

090401AttachS.pdf 090401AttachT.pdf 090401AttachU.pdf

The following individuals testified:

04:56 PM --
Tom Shipps, Legal Counsel for the Southern Ute Indian tribe, spoke in favor of the bill. He distributed a letter from Matthew Box, Chairman of the Southern Ute Indian Tribe (Attachment V). Mr. Shipps discussed how potential amendments would affect the bill and offered suggestions for language he would like amended on page 4 regarding well spacing (Attachment W). Mr. Shipps answered questions from the committee.

090401AttachV.pdf 090401AttachW.pdf

05:14 PM

Mr. Shipps continued to answer questions from the committee about well spacing.

05:18 PM --
Kevin Rein, State Engineers Office, spoke in favor of the bill. Mr. Rein stated that Doug Kemper asked him to convey the support of the Colorado Water Congress for the bill with Amendment L.003. He explained the position of the State Engineer's Office on the bill and the issues surrounding the pending Vance v. Simpson Colorado Supreme Court case regarding coal bed methane (CBM) produced water permitting. Mr. Rein answered questions from the committee about water rights and CBM produced water.

05:32 PM --
Steve Sims, representing Pioneer Natural Resources, spoke in favor of the bill. He explained the collaborative effort that led to the bill and expressed that Pioneer was not completely satisfied with all aspects of the bill but that they would be willing to work with the other stakeholders to resolve these issues.

05:35 PM --
Alan Curtis, White and Sankowski representing the Vance family, spoke in favor of the bill. He expressed concern about the language proposed by Mr. Shipps. He indicated that the Vance family would continue to work through the Colorado Water Congress to find a solution to well spacing issues raised.


05:38 PM --
Becky Long, representing the Colorado Environmental Coalition, spoke in support of the bill with Amendment L.003. She also indicated that she was comfortable with Amendments L.004 and L.005.


05:40 PM --
Ken Wonstolen, representing the Colorado Oil and Gas Association, spoke in favor of the bill. He indicated a need for more attention to well spacing issues raised.


05:43 PM --
Pat Ratliff, representing Colorado Counties, Inc, spoke against the bill. She indicated that the county commissioners decided to oppose the bill because they were concerned that it would be considered preemptive of the pending Colorado Supreme Court case. She also expressed concern about how the bill addresses tributary and nontributary water resources.

05:47 PM --
Landon Gates, representing the Colorado Farm Bureau, spoke in support of the bill with Amendments L.003, L.004 and L.005.


BILL:HB09-1303
TIME: 05:48:39 PM
MOVED:Curry
MOTION:Moved amendment L.003 (Attachment X). The motion passed without objection.
SECONDED:Looper
VOTE
Gardner C.
Hullinghorst
Labuda
Looper
McKinley
McNulty
Pace
Solano
Sonnenberg
Tipton
Vigil
Fischer
Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090401AttachX.pdf

BILL:HB09-1303
TIME: 05:49:25 PM
MOVED:Curry
MOTION:Moved amendment L.004 (Attachment Y). The motion passed without objection.
SECONDED:Looper
VOTE
Gardner C.
Hullinghorst
Labuda
Looper
McKinley
McNulty
Pace
Solano
Sonnenberg
Tipton
Vigil
Fischer
Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090401AttachY.pdf

BILL:HB09-1303
TIME: 05:51:59 PM
MOVED:Curry
MOTION:Moved amendment L.005 (Attachment Z).
The committee discussed how the bill would address depletions and injuries to water rights that may have occurred from past pumping.

Kate Meyer, Office of Legislative Legal Services, explained language in the amendment.
The motion passed without objection.
SECONDED:Labuda
VOTE
Gardner C.
Hullinghorst
Labuda
Looper
McKinley
McNulty
Pace
Solano
Sonnenberg
Tipton
Vigil
Fischer
Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090401AttachZ.pdf

Representative Curry provided closing comments.
BILL:HB09-1303
TIME: 06:00:25 PM
MOVED:Curry
MOTION:Moved to refer House Bill 09-1303, as amended, to the Committee of the Whole. The motion passed on a 13-0 roll call vote.
SECONDED:Looper
VOTE
Gardner C.
Yes
Hullinghorst
Yes
Labuda
Yes
Looper
Yes
McKinley
Yes
McNulty
Yes
Pace
Yes
Solano
Yes
Sonnenberg
Yes
Tipton
Yes
Vigil
Yes
Fischer
Yes
Curry
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS