Bill Summary for Bill Number HB10-1159

Date: 02/03/2010

Final
BILL SUMMARY for HB10-1159

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View-->	Action Taken:
Moved amendment L.001 (Attachment E). The motion Moved amendment L.002 (Attachment F). The motion Moved amendment L.003 (Attachment G). The motion Moved to refer House Bill 10-1159, as amended, to	Pass Without Objection PASS PASS PASS

05:09 PM -- House Bill 10-1159

Representative Pace, sponsor, presented HB 10-1159. This bill requires a water judge, in certain cases of trans-division transfers of water, to include terms and conditions in the water decree that protect the users in the water division from which the water is being transferred. The decree must ensure that present and prospective beneficial uses of water can not be impaired or increased in cost in the originating water division. Cases are limited to leases of water of at least 10 years, or where the amount of water is at least 1,000 acre-feet to be transferred from one water division to another. These terms and conditions apply only to cases seeking:

• conditional water rights;
• conditional appropriative rights of exchange; or
• a change of water rights.

To meet the terms and conditions of the water decree, a water rights applicant may enter into a mitigation agreement with all the water conservation and water conservancy districts affected by the diversion. Districts are required to hold a public meeting prior to entering into the agreement with notice of the meeting posted by the Division of Water Resources in the Department of Natural Resources and the clerk of the applicable water court. The bill takes effect August 11, 2010, if the General Assembly adjourns on May 12, 2010, as scheduled and no referendum petition is filed.

Representative Pace explained some amendments that might be offered.

05:22 PM

The committee discussed page 4 of the bill regarding the application process for water rights.

05:27 PM

Representative Pace explained why the bill does not contain a definition for "mitigation." The committee also discussed the role of the Interbasin Compact Committee (IBCC).

The following individuals testified on the bill:

05:34 PM -- Sara Duncan, Denver Water, spoke in opposition to the bill. She described the advantage she believes the bill provides to the basin of origin. She expressed concerns that this bill would duplicate existing state and federal law, particularly home rule powers of municipalities. She explained that she also believes that the ecological protection provisions of the bill would also be duplicative of existing law. She spoke about the prior appropriation doctrine and explained how she believes this bill is inconsistent with this law. Ms. Duncan also discussed the Statewide Water Supply Initiative and the number of people the study predicts will move to the front range.

05:49 PM

Representative Looper distributed copies of the 2009 IBCC annual report (available at www.http://www.colorado.gov/lcs/HouseAgNatResCmte under "Publications of Interest" and "Department of Natural Resources").

05:50 PM -- Mark Pifher, Aurora Water, spoke in opposition to the bill. He discussed some of the costs associated with mitigation requirements. He also discussed the need for compensatory water storage and how the bill would impact the economic future of farmers in the Platte and Arkansas River Basins. Mr. Pifher answered questions from the committee concerning water exchanges.

06:04 PM -- Jim Yahn, manager of the North Sterling Irrigation District and Prewitt Reservoir and chairman of the South Platte Basin Roundtable, testified against the bill. He explained how the bill would negatively affect agriculture in the South Platte River Basin and the Republican River Basin in the context of the priority system. Mr. Yahn answered questions from the committee. The committee discussed the IBCC report.

06:15 PM -- Joe Frank, Lower South Platte Water conservancy District, explained how the IBCC process has worked to solve inter-basin water issues and how the bill would impact the South Platte Basin.

06:19 PM -- Mike Groves, farmer in the South Platte Basin, explained the affect he believes the bill will have on his farm.

06:28 PM

The committee discussed the need for water storage.

06:29 PM -- Peggy Montano, Northern Colorado Water Conservancy District, spoke in opposition to the bill. She discussed how she believes the bill would lead to dry-up of irrigated agricultural lands on the South Platte River and increased litigation. She discussed the water storage need in the basin and answered question from the committee.

06:38 PM -- Dan Henricks, superintendent of the Highline Cannal, spoke in opposition to the bill. He described how the bill would negatively impact agriculture.

06:44 PM -- Jay Winners, Lower Arkansas Valley Water Conservancy District, spoke in support of the bill. He described the importance of the bill for the future of agriculture and answered questions from the committee.

06:52 PM -- Chris Treese, Colorado River Water Conservation District, spoke in support of the bill. He discussed the Water Conservancy Act and explained how this bill would provide for equity between the river basins. Mr. Treese discussed the economic implications of the bill and answered questions from the committee. In response to questions from the committee, he explained prospective beneficial uses on page 2 of the bill.

07:05 PM -- Jo Evans, Colorado Trout Unlimited, spoke in support of the bill. She described the ecological benefits of the bill and discussed how the bill provides incentives for people to work together. Ms. Evans answered questions from the committee. She discussed amendment L. 002, which strikes the public meeting requirement in the bill, and explained that while her organization would prefer that the amendment not be placed on the bill, they would still support the legislation.

07:20 PM -- Don Shawnoft, Colorado Farm Bureau, spoke in support of the bill with Amendment L002. He answered questions from the committee.

07:25 PM -- Shanna Koenig, Northwest Council of Colorado Governments, spoke in support of the bill in concept, but explained that the council had not seen a final draft of the bill. She discussed the need for certainty that mitigation will occur.

07:29 PM

A handout was distributed from Tom Clark (Attachment D), who planned to testify, but had to leave.

07:29 PM -- Wally Stealey, representing himself, spoke in support of the bill. He discussed his experience with agriculture on the western slope and the need for the bill to ensure a future for western slope farmers.


BILL:	HB10-1159
TIME:	07:36:40 PM
MOVED:	Curry
MOTION:	Moved amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Baumgardner
	Curry
	Gardner C.
	Hullinghorst
	Looper
	McKinley
	Ryden
	Solano
	Sonnenberg
	Tipton
	Vigil
	Pace
	Fischer

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


BILL:	HB10-1159
TIME:	07:38:49 PM
MOVED:	Pace
MOTION:	Moved amendment L.002 (Attachment F). The motion passed on a vote of 8-5.
SECONDED:	Tipton
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	No
	Hullinghorst	Yes
	Looper	No
	McKinley	Yes
	Ryden	No
	Solano	No
	Sonnenberg	No
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes

Not Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1159
TIME:	07:47:26 PM
MOVED:	Baumgardner
MOTION:	Moved amendment L.003 (Attachment G). The motion passed on a vote of 10-3.
SECONDED:	Pace
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	No
	Hullinghorst	Yes
	Looper	No
	McKinley	Yes
	Ryden	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes

Not Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1159
TIME:	07:51:30 PM
MOVED:	Pace
MOTION:	Moved to refer House Bill 10-1159, as amended, to the Committee of the Whole. The motion passed on a vote of 9-4.
SECONDED:	Vigil
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	No
	Hullinghorst	Yes
	Looper	No
	McKinley	Yes
	Ryden	No
	Solano	Yes
	Sonnenberg	No
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes

Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:52 PM

The committee adjourned.