Date: 02/26/2009

Final
BILL SUMMARY for HB09-1174

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Votes: View--> Action Taken:
Moved to refer HB 09-1174 to the Committee of the PASS



01:58 PM -- House Bill 09-1174

Senator Hodge, sponsor, described the provision of the reengrossed HB 09-1174 that specifies that decrees for plans for augmentation entered in the South Platte River Basin on or after the effective date of the act may not require the replacement of out-of-priority depletions caused by pumping that occurred prior to March 15, 1974. The bill allows the water judge to review all of the terms and conditions of a proposed amended plan. She also explained that a similar bill, HB 08-1030, was recommended by the interim Water Resources Review Committee in 2007 that was lost in the Senate on third reading.

The following persons testified on the bill:

02:00 PM -- Joan Green, Harmony Ditch Company, spoke in opposition to the bill. She also distributed a letter of opposition from Mr. John Monheiser, President of the Harmony Ditch Company (Attachment B) and Ms. Veronica A. Sperling, representing the Pawnee Well Users, Inc. and Centennial Water and Sanitation District. Staff was unable to obtain a copy of Ms. Sperling's handout. The original Bill Summary for House Bill 09-1174 erroneously included an "Attachment C" from Ms. Sperling that was Amendment L. 002 for Senate Bill 09-147. This Attachment has been deleted and is available in the Bill Summary for Senate Bill 09-147 as Attachment D.

090226AttachB.pdf

02:01 PM -- John Hendrick, Centennial Water and Sanitation District, spoke in opposition to the bill.

02:04 PM -- Steven Janssen, Henry Lynn Irrigation District, spoke in opposition to the bill. He explained that the amount of depletions that will be affected by the bill is unknown and may injure irrigators that depend on water provided by the Henry Lynn Irrigation District. He also responded to questions from the committee.

02:11 PM -- Jim Hall, Division 1 Water Engineer, Division of Water Resources, described the current augmentation requirements for wells in the South Platte Basin. He also estimated that the amount of depletions affected by the bill are less than 1,000 acre-feet per year which will decline each year. He also spoke in favor of the bill.

02:13 PM -- Don Shawcroft, Colorado Farm Bureau, spoke in support of the bill.

02:14 PM -- Sara Duncan, Denver Water Department, Northern Colorado Water Conservancy District, spoke in support of the bill and responded to questions from the committee.

02:18 PM -- Becky Brooks, Colorado Corn Growers, Rio Grande Water Conservation District, spoke in support of the bill.

02:18 PM -- Greg Hertzke, Central Colorado Water Conservancy District, spoke in support of the bill and responded to questions from the committee about the impact of the bill on senior water rights.

02:23 PM -- Alvin Dechant, Rocky Mountain Farmers Union, spoke in support of the bill.

02:24 PM -- Jared Sater, Rocky Mountain Farmers Union, spoke in support of the bill.

BILL:HB09-1174
TIME: 02:26:47 PM
MOVED:Hodge
MOTION:Moved to refer HB 09-1174 to the Committee of the Whole, without amendment. The motion passed on a 5 to 2.
SECONDED:
VOTE
Brophy
Yes
Gibbs
No
Harvey
No
Kester
Yes
Schwartz
Yes
Hodge
Yes
Isgar
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS