Senate Committee on Agriculture and Natural Resources (02/26/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Date:	02/26/2009	ATTENDANCE

Time:	01:35 PM to 02:53 PM	Brophy	X
		Gibbs	X
Place:	SCR 353	Harvey	*
		Kester	X
This Meeting was called to order by		Schwartz	X
	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:
HB09-1159 HB09-1161 HB09-1174 SB09-147		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:36 PM -- House Bill 09-1159

Senator Isgar, sponsor, explained that the reengrossed HB 09-1159 expands the qualification requirements for board members of a ground water management district to include the owners of producing agricultural real estate located in the district. He explained that some groundwater management districts have difficulty finding candidates for boards of directors that satisfy the statutory criteria. This law requires directors to own property and live in the division of the groundwater district that they represent. Some division are in rural areas with few residents. He also distributed Amendment L. 006 (Attachment A).

The following persons testified on the bill:

01:40 PM -- Mike Shimmon, Colorado Water Congress, explained that he represents several groundwater management districts that have been formed within the Northern High Plains Designated Basin in northeast Colorado. He also explained that some groundwater management districts have difficulty finding candidates for their boards of directors due to the statutory requirements. He also spoke in support of the bill and Amendment L. 006.

01:47 PM -- Don Shawcroft, Colorado Farm Bureau, spoke in support of the bill.


BILL:	HB09-1159
TIME:	01:48:59 PM
MOVED:	Isgar
MOTION:	Moved to refer HB 09-1159 to the Committee of the Whole, as amended, and with recommendation that it be added to the consent calendar. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Excused
	Isgar	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1159
TIME:	01:49:11 PM
MOVED:	Isgar
MOTION:	Moved Amendment L. 006. The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge	Excused
	Isgar

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

01:50 PM -- House Bill 09-1161

Senator Gibbs, sponsor, described the provisions of the reengrossed HB 09-1161 concerning oil and gas valuation supporting documents. He explained that the bill reduces from 45 to 30 days the time that an oil and gas operator or owner has to submit written documentation supporting a valuation statement to a county assessor.

The following persons testified on the bill:

01:53 PM -- Stan Dempsey, Colorado Petroleum Association, spoke in support of the bill.

01:54 PM -- Patrick Boyle, Colorado Assessors Association, spoke in support of the bill.


BILL:	HB09-1161
TIME:	01:55:00 PM
MOVED:	Gibbs
MOTION:	Moved to refer HB 09-1161 to the Committee of the Whole, without amendment, and with a recommendation that it be added to the consent calendar. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Excused
	Isgar	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:58 PM

The committee recessed.

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.

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

02:28 PM -- Senate Bill 09-147

Senator Hodge, sponsor, distributed Amendment L. 002 that strikes everything below the enacting clause. This amendment replaces all provisions of the introduced SB 09-147 except the title (Attachment D). She explained that Amendment L. 002 authorizes substitute water supply plans for the replacement of out-of-priority depletions caused by pre-January 1, 2003, diversions from wells included in decreed augmentation plans. It also includes provisions that seek to protect West Slope water users from transbasin diversions. She also read a statement explaining that she does not intend the bill to set a precedent. Instead, it is intended to address a specific and unique situation in the South Platte Basin (Attachment E).

The following persons testified on the bill:

02:33 PM -- Jim Hall, Division 1 Engineer, Division of Water Resources, spoke in support of the Amendment L. 002 and explained how the bill would allow some ground users to pump their wells without injuring senior water rights.

02:34 PM -- Don Showcroft, Colorado Farm Bureau, spoke in support of the bill.

02:36 PM -- Julie McKenna, Northern Colorado Water Conservancy District, spoke in support of the bill and explained that Amendment L. 002 includes provisions that address concerns of west slope water users including language in proposed Paragraph (e) of Subsection 10 of Section 37-92-308, C.R.S., that says "Nothing in subsection (10) shall authorize or facilitate additional transbasin diversions of water from the Colorado River."

02:38 PM -- Becky Brooks, Rio Grande Water Conservation District, spoke in support of the bill.

02:39 PM -- Greg Hertzke, Central Colorado Water Conservancy District, Colorado Water Congress, spoke in support of the bill and described how it would help certain ground water users to continue pumping. He also identified water users and entities that cooperated to develop the provisions of the bill.

02:42 PM -- Shanna Koenig, Northwest Colorado Council of Governments, explained that her organization is neutral on the bill. She also read a position from Grand County on the bill.

02:44 PM -- Dave Eckhardt, Colorado Corn Growers, spoke in support of the bill.

02:46 PM -- Alvin Dechant, Rocky Mountain Farmers Union, spoke in support of the bill.

02:46 PM -- Jared Sater, Rocky Mountain Farmers Union, spoke in support of the bill.

02:47 PM -- Chris Treese, Colorado River Water Conservation District, explained that his organization is neutral on the bill.


BILL:	SB09-147
TIME:	02:51:26 PM
MOVED:	Hodge
MOTION:	Moved to refer SB 09-147 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:	SB09-147
TIME:	02:51:36 PM
MOVED:	Hodge
MOTION:	Moved Amendment L. 002 that strikes everything below the enacting clause. 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

02:53 PM

The meeting adjourned.