House Committee on Agriculture, Livestock, & Natural Resources (01/26/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	01/26/2010	ATTENDANCE

Time:	10:30 AM to 12:01 PM	Baumgardner	X
		Curry	X
Place:	HCR 0107	Gardner C.	E
		Hullinghorst	X
This Meeting was called to order by		Looper	*
	Representative Fischer	McKinley	X
		Ryden	X
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	X
		Vigil	X
		Pace	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1006		Referred to Appropriations

10:31 AM -- House Bill 10-1006

Representative Curry, prime sponsor, explained the role of the Division of Water Resources (DWR) and the provisions of her bill which would provide funding for the Division. She explained that the bill, recommended by the Water Resources Review Committee, switches the allowable allocation from the Operational Account of the Severance Tax Trust Fund to the Department of Natural Resources (DNR) beginning in FY 2010-11 by authorizing the Division of Water Resources (DWR) to receive up to 5 percent of the moneys in the Operational Account; and eliminating the authorization for the Division of Wildlife (DOW) to receive up to 5 percent of available moneys in the Operational Account. Representative Curry distributed Amendment L.001 (Attachment A). She explained the amendment which would put the DOW back in Tier 1 of the Operational Account in addition to DWR. The amendment would also reduce the Division of Reclamation, Mining, and Safety allocation to 20 percent from 25 percent of the moneys in the Operational Account. Representative Curry clarified that she had not sought the interim committee's support for the amendment.

10:38 AM

Representative Sonnenberg asked whether the DNR was part of the discussion with the interim committee. The committee discussed a handout distributed by the DNR (Attachment B).

Following individuals testified on the bill:

10:46 AM -- Jack Byers, Colorado Water Congress and former DWR employee, spoke in favor of the bill. He discussed the importance of funding the DWR. He discussed how many water commissioners are ideally needed. He also explained that the DWR receives the majority of its funding through the General Fund, so that cuts to the General Fund directly affect the DWR. He described the duties of field engineers and an engineer in training position. The committee discussed the ideal staffing needs of the DWR.

10:55 AM

Representative Curry explained that the DWR did not send a person who could answer the committee's questions and discuss the operational needs of the division. She discussed the sensitivity within the the DNR about taking money from one division to fund another.

10:58 AM -- Mr. Byers continued to answer questions from the committee about the funding levels in the bill. Mr. Byers also testified that the Colorado Water Congress voted unanimously to support the amendment.

11:03 AM -- Bill Levine, DNR Budget Director, explained the interim committee bill and the impact to the Operational Account. He also explained that the bill did not have an appropriations clause specifying how much of an allocation would go to the DWR. The DNR's budget reduction plan included reducing 5.3 FTE from the DWR. The amendment would restore these positions without completely eliminating DOW from Tier 1. Mr. Levine explained that the DOW uses the Operational Account funding to study the energy impacts to wildlife and that these activities would continue with the $1.2 million that the amendment would leave with the DOW. The committee questioned what percent of DOW's overall budget $1.2 million represents. Representative Fischer asked that the DNR address this question during their budget briefing to be held February 3.

11:25 AM

Representative Curry clarified a provision in the bill that reduces funding from the Division of Reclamation, Mining, and Safety from 25 to 20 percent of the money in Tier 1 of the Operational Account. Mr. Levine clarified that the programs that receive moneys from the Operational Account have percentage caps, however they actually receive funding far below these caps. Mr. Levine distributed a spreadsheet to the committee showing the allocations from the Operational Account (Attachment C).

11:30 AM -- Chris Piper, Denver Water, spoke in support of the bill. He discussed the importance of the DWR.

11:31 AM -- Chris Treese, Colorado River Water Conservation District, spoke in support of the bill.


BILL:	HB10-1006
TIME:	11:32:41 AM
MOVED:	Sonnenberg
MOTION:	Moved that the bill be referred to the Committee on Appropriations. A substitute motion was offered and passed. See the vote sheet below.
SECONDED:	Tipton
		VOTE
	Baumgardner
	Curry
	Gardner C.	Excused
	Hullinghorst
	Looper	Excused
	McKinley
	Ryden
	Solano
	Sonnenberg
	Tipton
	Vigil
	Pace
	Fischer
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1006
TIME:	11:36:29 AM
MOVED:	Pace
MOTION:	Moved a substitute motion that the committee consider amendments. The motion passed on a vote of 7-4.
SECONDED:	Hullinghorst
		VOTE
	Baumgardner	No
	Curry	Yes
	Gardner C.	Excused
	Hullinghorst	Yes
	Looper	Excused
	McKinley	No
	Ryden	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	No
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Not Final YES: 7 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1006
TIME:	11:40:34 AM
MOVED:	Curry
MOTION:	Moved amendment L.001 (Attachment A). The motion passed on a vote of 7-4.
SECONDED:	Solano
		VOTE
	Baumgardner	No
	Curry	Yes
	Gardner C.	Excused
	Hullinghorst	Yes
	Looper	Excused
	McKinley	No
	Ryden	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	No
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Not Final YES: 7 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS

11:45 AM

Tim Mauck, DOW legislative liaison, came to the table to address questions from the committee on DOW's budget and how the division will use the funding from the Operational Account.


BILL:	HB10-1006
TIME:	11:59:25 AM
MOVED:	Curry
MOTION:	Moved to refer House Bill 10-1006, as amended, to the Committee on Appropriations. The motion passed on a vote of 8 to 4.
SECONDED:	Solano
		VOTE
	Baumgardner	No
	Curry	Yes
	Gardner C.	Excused
	Hullinghorst	Yes
	Looper	Yes
	McKinley	No
	Ryden	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	No
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

12:01 PM

The committee adjourned.