Senate Committee on Agriculture and Natural Resources (01/21/2010)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Date:	01/21/2010	ATTENDANCE

Time:	01:35 PM to 03:34 PM	Brophy	X
		Gibbs	X
Place:	SCR 353	Harvey	X
		Kester	*
This Meeting was called to order by		Schwartz	*
	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:
SB10-038 SB10-037 SB10-052		Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:35 PM -- Senate Bill 10-038

Senator Hodge, sponsor, described the provision of Senate Bill 10-038 concerning the Colorado Department of Agriculture's organic certification program. She explained that the bill was requested by the Colorado Department of Agriculture.

The following persons testified on the bill:

01:38 PM -- Mitch Yergert, Colorado Department of Agriculture, described the department's organic certification program and spoke in support of the bill. He also compared Colorado's organic certification program with other states.

01:43 PM -- Sally Keefe, Aurora Organic Dairy, spoke in support of the bill and responded to questions from the committee.


BILL:	SB10-038
TIME:	01:50:46 PM
MOVED:	Harvey
MOTION:	Moved to refer SB 10-038 to the Committee of the Whole, without amendment, and with a recommendation that the bill be added to the Consent Calendar. 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

01:52 PM -- Senate Bill 10-037

Senator Kester, sponsor, described the provision of Senate Bill 10-037 concerning an increase in the amounts payable from the Horse Breeders' and Owners' Awards and Supplemental Purse Fund for administrative costs of the Colorado Horse Breeder Associations for registering and maintaining breeding records.

The following persons testified on the bill:

01:53 PM -- Danny Williams, Mile High Racing and Entertainment, spoke in support of the bill.

01:56 PM -- Mark McGregor, Colorado Horse Racing Association, Colorado Thoroughbred Breeders Association, spoke in support of the bill and responded to questions from the committee about the need for additional revenue to pay for administrative expenses.


BILL:	SB10-037
TIME:	02:01:09 PM
MOVED:	Harvey
MOTION:	Moved to refer SB 10-037 to the Committee of the Whole, without amendment, and with a recommendation that the bill be added to the Consent Calendar. 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 -- Senate Bill 10-052

Senator Brophy, sponsor, described the provisions of Senate Bill 10-052 concerning the ability of the Ground Water Commission to alter the boundaries of designated groundwater basins. He also distributed Amendment L. 001 (Attachment A).

The following persons testified on the bill.

02:03 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 B). 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 also responded to questions about the permit process for wells in designated ground water basins.

02:14 PM -- Dennis Coryell, Republican River Water Conservation District, Colorado Ground Water Commission, spoke in support of the bill and described the regulation of ground water pumping in the Republican River Basin. He also responded to questions from the committee about efforts to comply with the Republican River Compact and other issues.

02:22 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.

02:26 PM -- Mark Lengel, 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.

02:27 PM -- Michael 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 also responded to questions from the committee.

02:32 PM -- Trent Bushner, Yuma County, spoke in support of the bill.

02:34 PM -- Tony Mangus, Colorado Agriculture Preservation Association, spoke in support of the bill and described the economic benefits from ground water pumping for irrigation.

02:36 PM -- Joe Newton, Colorado Agriculture Preservation Association, spoke in support of the bill and described the need for regulatory certainty for ground water users in the Republican River Basin.

02:42 PM -- Mr. Shimmin returned to answer questions about the availability of unappropriated water in designated basins. He explained that there may be unappropriated ground water in the Southern High Plains Designated Basin and that there is a moratorium on new well permits in the Northern High Plains Designated Ground Water Basin because it's over appropriated. He also responded to questions from the committee concerning the impact of ground water pumping in the Republican River Basin on Colorado's ability to comply with the Republican River Compact and other issues.

02:49 PM -- Andrew Jones, Lost Creek Ground Water Management District, spoke in support of the bill and described the history of ground water use in eastern Colorado.

02:54 PM -- John Cordes, Lost Creek Ground Water Management District, spoke in support of the bill.

02:55 PM -- Tom Sauter, Lost Creek Ground Water Management District, spoke in support of the bill.

02:56 PM -- Byron Weathers, representing himself, spoke in support of the bill.

02:59 PM -- Terry Hall, Y-W Electric Association, spoke in support of the bill.

03:01 PM -- Craig Soehner, Wray State Bank, spoke in support of the bill.

03:03 PM -- Kevin Rein, Assistant State Engineer, Division of Water Resources, responded to questions from the committee about the process for changing the use of an irrigation well in a designated basin and the ability of affected entities to object to the change and cause a hearing before the Ground Water Commission. He also explained how the bill applies to well pumping in other designated basins and the impact of ground water use on senior surface water rights in the Republican River Basin.

03:11 PM -- Rod Kleweno, representing himself, expressed concern about the potential impact of the bill on senior surface water rights.

03:13 PM -- Steve Sims, Yuma County Water Authority, responded to questions from the committee about the effect of the bill on ground water users in areas outside of designated basins and surface water users in designated basins. He also spoke in support of the bill.


BILL:	SB10-052
TIME:	03:29:37 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:	SB10-052
TIME:	03:30:00 PM
MOVED:	Schwartz
MOTION:	Moved to amend the Printed Bill, Page 2, line 21, after "LANDS FROM" insert "THE EIGHT EXISTING DESIGNATED GROUND WATER BASINS", and line 25, after "INCLUDED" insert "THE EIGHT EXISTING DESIGNATED GROUND WATER BASINS" The motion failed on a roll call vote of 2 to 5.
SECONDED:
		VOTE
	Brophy	No
	Gibbs	No
	Harvey	No
	Kester	No
	Schwartz	Yes
	Whitehead	Yes
	Hodge	No
Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB10-052
TIME:	03:33:23 PM
MOVED:	Brophy
MOTION:	Moved to refer SB 10-052 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 6 to 1.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	No
	Whitehead	Yes
	Hodge	Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:34 PM

The meeting adjourned.