Bill Summary for Bill Number HB09-1303

Date: 04/16/2009

Final
BILL SUMMARY for HB09-1303

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Votes: View-->	Action Taken:
Moved Amendment L.009. The motion passed withou Moved to refer HB 09-1303 to the Committee of the	Pass Without Objection PASS

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).

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.