Bill Summary for Bill Number SB10-052

Date: 03/03/2010

Final
BILL SUMMARY for SB10-052

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View-->	Action Taken:
Moved to refer Senate Bill 10-052 to the Committee	PASS

03:20 PM -- Senate Bill 10-052

Representative Curry, presented SB10-052, concerning the ability of the groundwater commission to alter the boundaries of a designated groundwater basin. This bill changes the conditions under which the Colorado Groundwater Commission may alter the boundaries of a designated groundwater basin. An area included in a groundwater basin can only be excluded if the revision will not exclude any wells for which conditional or final permits have been issued. The bill takes effect August 11, 2010, if the General Assembly adjourns on May 12, 2010, as scheduled, and no referendum petition is filed. The provisions of the bill will not affect groundwater litigation pending on January 1, 2010.

The following individuals testified on the bill:

03:39 PM -- Mike Shimmin, representing the Marks Butte; Frenchman; Sand Hills; W-Y; Central Yuma; Plains; and the East Cheyenne ground water management districts, spoke in support of the bill and identified the eight designated basins that have been formed in Colorado (Attachment E). He explained that groundwater use in designated basins is regulated according to a modified doctrine of prior appropriation that manages the depletion of these ground water resources. He responded to questions from the committee concerning the impact to Colorado's water compact obligations. He also discussed litigation over the Pioneer Ditch in the Republican River District.

04:04 PM -- Ray Petros, an attorney representing ranches on the North Fork of the Republican River , spoke in opposition to the bill. He distributed a handout describing his concerns on the bill (Attachment F). He responded to questions from the committee regarding impacts to the Republican River Compact.

04:35 PM -- Mike Bohnen, representing himself, spoke in opposition to the bill and expressed concern about the potential impact to his senior surface water right from ground water pumping in the Republican River Basin. He distributed a petition opposed to the bill (Attachment G). He answered questions from the committee.

04:46 PM -- Dan Patten, J Hulton Trust, spoke in opposition to the bill.

04:54 PM -- Kenneth Condrey, representing himself, described the economic impact of the loss of water stored at Bonny Reservoir and spoke in opposition to bill. He responded to questions from the committee.

05:03 PM -- Mike Livingston, representing himself, spoke in opposition to the bill and described the impact he believes pumping groundwater has on streamflow.

05:11 PM -- Mark Lengel, surface water owner, spoke in opposition to the bill.

05:14 PM -- Kevin Rein, Assistant State Engineer Division of Water Resources, explained that the Department of Natural Resources does not have a position on the bill.

05:20 PM -- Robin Wiley, Yuma County, spoke in support of the bill and described programs to address potential impacts from ground water users to surface water users in the Republican River Basin.

05:24 PM -- Terry Hall, Y-W Electric Association, spoke in support of the bill. He explained that he believes the bill would provide certainty to water users.

05:26 PM -- Kurt Soehner, Ray State Bank, spoke in support of the bill and responded to questions from the committee.

05:36 PM -- Trent Bushner, Colorado Corn Growers Association, spoke in support of the bill.

05:40 PM -- Dennis Coryell, Republican River Water Conservation District, spoke in support of the bill and described the regulation of ground water pumping in the Republican River Basin.

05:57 PM -- Nate Midcap, Central Yuma and Sand Hills Groundwater Management Districts, spoke in support of the bill.

05:59 PM -- Joe Knewton, Colorado Agriculture Preservation Association, spoke in support of the bill.

06:07 PM -- Toney Mangus, representing himself, spoke in support of the bill and discussed his history as an irrigator.

06:11 PM -- Andrew Jones, Lost Creek Groundwater Management District, spoke in support of the bill and described the history of ground water use in eastern Colorado. He addressed several of the concerns of bill opponents.

06:23 PM -- Tom Sauter, farmer in Lost Creek Ground Water Management District, spoke in support of the bill.

06:29 PM -- Mark Kokes, Morgan County Quality Water, spoke in support of the bill.

06:34 PM -- Steve Sims, Yuma County Water Authority, spoke in support of the bill and responded to questions from the committee regarding impacts to the Republican River Compact and the affect of pumping groundwater on surface water.

07:02 PM -- Mr. Petros came back to the table to respond to a question from committee about whether remedies to surface water users will be lost with passage of this bill.

07:07 PM -- Mr. Shimmin came back to the table to respond to questions from the committee. He discussed the intention of the legislature regarding the finality of designated groundwater basins.

07:15 PM

The committee recessed.

07:18 PM
The committee reconvened.

07:19 PM

Representative Curry provided closing comments.


BILL:	SB10-052
TIME:	07:21:55 PM
MOVED:	Curry
MOTION:	Moved to refer Senate Bill 10-052 to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED:	Sonnenberg
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Yes
	Hullinghorst	No
	Looper	No
	McKinley	No
	Ryden	Yes
	Solano	No
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	No
	Pace	No
	Fischer	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:26 PM

The committee adjourned.