Senate Committee on Agriculture and Natural Resources (01/28/2010)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Date:	01/28/2010	ATTENDANCE

Time:	01:34 PM to 02:36 PM	Brophy	*
		Gibbs	X
Place:	SCR 353	Harvey	*
		Kester	*
This Meeting was called to order by		Schwartz	X
	Senator Hodge	Whitehead	X
		Hodge	X
This Report was prepared by
	David Beaujon
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB10-027 Conf 10-Water Resources and Power Development Authority SJR10-004		Amended, Referred to Appropriations Favorably Refer to the Full Senate Favorably Refer to the Full Senate

01:35 PM -- Senate Bill 10-027

Senator Sandoval, prime sponsor, described the provision of Senate Bill 10-027 that subjects persons who illegally divert surface water to the same $500 maximum per day fine that currently applies to the illegal diversion of groundwater. She also distributed Amendment L. 001 (Attachment A).

The following persons testified on the bill:

01:38 PM -- Geoff Blue, Colorado Department of Law, also called the Attorney General's Office, spoke in support of the bill and described recent state litigation concerning illegal surface water diversions and the penalties under current law for violations of orders of the State Engineer.

01:41 PM -- Chad Wallace, Colorado Department of Law, described the number of cases handled annually by the Colorado Department of Law concerning illegal diversions of ground water and surface water. He also responded to questions from the committee regarding the litigation process for illegal water diversions.

01:48 PM -- Dick Wolfe, State Engineer, Colorado Division of Water Resources, spoke in support of the bill and described how illegal diversions impact downstream water rights. He also responded to questions about the Division of Water Resources' law enforcement process including the posting of notices of violations on water diversions structures.

01:55 PM -- Julie McKenna, Northern Colorado Water Conservancy District, Colorado Water Congress, Denver Water Department, spoke in support of the bill and Amendment L.001.

01:57 PM

Senator Sandoval closed her remarks on the bill.


BILL:	SB10-027
TIME:	01:57:31 PM
MOVED:	Brophy
MOTION:	Moved Amendment L. 001 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Whitehead
	Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-027
TIME:	01:58:15 PM
MOVED:	Brophy
MOTION:	Moved to refer Senate Bill 10-027 to the Committee on Appropriations, as amended. The motion passed on a rollcall vote of 7 to 0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Whitehead	Yes
	Hodge	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:59 PM -- Colorado Water Resources and Power Development Authority

Ann E. Nichols, reappointed for a term expiring October 1, 2013, to represent the Arkansas River Drainage, described her interest and qualifications in serving an additional term on the Colorado Water Resources and Power Development Authority (Attachment B).


BILL:	Water Resources and Power Development Authority
TIME:	02:01:23 PM
MOVED:	Whitehead
MOTION:	Moved to favorably recommend to the full Senate the reappointment of Ann E. Nichols, to the Colorado Water Resources and Power Development Authority, for a term expiring October 1, 2013, to represent the Arkansas River Drainage. The motion passed on a roll call vote of 7 to 0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Whitehead	Yes
	Hodge	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:02 PM

Honorable Douglas B. Monger, reappointed for a term expiring October 1, 2013, to represent the Yampa-White Drainage Basin, described his qualifications and interest in serving another term on the Colorado Water Resources and Power Development Authority (Attachment B). He also responded to questions from the committee about the development of oil shale in northwest Colorado.


BILL:	Water Resources and Power Development Authority
TIME:	02:08:55 PM
MOVED:	Whitehead
MOTION:	Moved to favorably recommend to the full Senate the reappointment of the Honorable Douglas B. Monger to the Colorado Water Resources and Power Development Authority, for a term expiring October 1, 2013, to represent the Yampa-White Drainage Basin. The motion passed on a roll call vote of 7 to 0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Whitehead	Yes
	Hodge	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:09 PM -- SJR 10-004

Senator Whitehead, prime sponsor, described the provisions Senate Joint Resolution 10-004 concerning loans for public drinking water and waste water projects.

The following persons testified on the resolution:

02:11 PM -- Dan Law, Executive Director, Colorado Water Resources and Power Development Authority, spoke in support of the resolution and described federal grants received for public drinking water and wastewater projects and the state match for the federal moneys (Attachment C, D, and E). He identified rates charged for the drinking water and waste water loans and estimated the amount of money that may be available for new loans in 2011. He also responded to questions from the committee regarding the prevailing wage and other federal requirements for loans funded with federal American Recovery and Reinvestment Act (ARRA).

02:31 PM -- Chris Piper, Denver Water Development, spoke in support of the resolution.

02:32 PM

Senator Whitehead closed his remarks on the resolution.


BILL:	SJR 10-004
TIME:	02:33:34 PM
MOVED:	Whitehead
MOTION:	Move to refer Senate Joint Resolution 10-004 to the full Senate, without amendment. The motion passed on a roll call vote of 5 to 2.
SECONDED:
		VOTE
	Brophy	No
	Gibbs	Yes
	Harvey	No
	Kester	Yes
	Schwartz	Yes
	Whitehead	Yes
	Hodge	Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:36 PM

The meeting adjourned.