Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:10/18/2011
ATTENDANCE
Time:09:09 AM to 10:31 AM
Baumgardner
X
Brophy
X
Place:SCR 356
Giron
X
Hodge
X
This Meeting was called to order by
Roberts
X
Senator Schwartz
Swerdfeger
X
Vigil
X
This Report was prepared by
Wilson
X
David Beaujon
Sonnenberg
X
Schwartz
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Exceed Bill Limit
Draft Bill 1
Draft Bill 2
Draft Bill 3
Draft Bill 4
Draft Bill 5
Draft Bill 6
Draft Bill 7
Draft Bill 8
Draft Resolution 1
Assignment of Bill Sponsor
Motion approved
Recommended to Legislative Council
Recommended to Legislative Council
Not Recommended to Legislative Council
Recommended to Legislative Council
Not Recommended to Legislative Council
Not Recommended to Legislative Council
Recommended to Legislative Council
Recommended to Legislative Council
Recommended to Legislative Council
-


09:10 AM -- Exceed Bill Limit

Pursuant to Section 37-98-103, C.R.S., the Water Resources Review Committee may report no more than three bills or other measures to the Legislative Council, unless a two-thirds majority of the members of the committee (7 members) vote to report a greater number.

BILL:Exceed Bill Limit
TIME: 09:10:39 AM
MOVED:Sonnenberg
MOTION:Moved to exceed the committee's 3-bill limit as specified in Section 37-98-103, C.R.S. The motion passed on a vote of 10 to 0.
SECONDED:
VOTE
Baumgardner
Yes
Brophy
Yes
Giron
Yes
Hodge
Yes
Roberts
Yes
Swerdfeger
Yes
Vigil
Yes
Wilson
Yes
Sonnenberg
Yes
Schwartz
Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




09:12 AM -- Draft Bill 1

Senator Schwartz explained that Draft Bill 1 concerns the exemption of drinking water treatment facilities from the requirement to obtain a certificate of designation. If approved by at least seven members of the committee, the draft bill will be considered by Legislative Council on November 8, 20111. Public testimony on the draft bill occurred on October 17, 2011.

BILL:Draft Bill 1
TIME: 09:13:26 AM
MOVED:Sonnenberg
MOTION:Moved to approve Draft Bill 1 concerning exempt drinking water facilities from certificate of designation, unamended. The motion passed on a vote of 10 to 0. This bill will be labeled Bill A for consideration by Legislative Council on November 8, 2011.
SECONDED:
VOTE
Baumgardner
Yes
Brophy
Yes
Giron
Yes
Hodge
Yes
Roberts
Yes
Swerdfeger
Yes
Vigil
Yes
Wilson
Yes
Sonnenberg
Yes
Schwartz
Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




09:14 AM -- Draft Bill 2

Senator Schwartz explained that Draft Bill 2 concerns water replacement requirements for certain mining operations. If approved by at least seven members of the committee, the draft bill will be considered by Legislative Council on November 8, 2011. Public testimony on the draft bill occurred on October 17, 2011.

BILL:Draft Bill 2
TIME: 09:14:42 AM
MOVED:Hodge
MOTION:Moved to approve Draft Bill 2 concerning mine water replacement requirements, unamended. The motion passed on a vote of 10 to 0. This bill will be labeled Bill B for consideration by Legislative Council on November 8, 2011.
SECONDED:
VOTE
Baumgardner
Yes
Brophy
Yes
Giron
Yes
Hodge
Yes
Roberts
Yes
Swerdfeger
Yes
Vigil
Yes
Wilson
Yes
Sonnenberg
Yes
Schwartz
Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




09:15 AM -- Draft Bill 3

Senator Schwartz explained that Draft Bill 3 concerns graywater reuse. If approved by at least seven members of the committee, the draft bill will be considered by Legislative Council on November 8, 20111. Public testimony on the draft bill occurred on October 17, 2011. The committee discussed the potential impact of graywater reuse on other water rights and an amendment to create a pilot project for graywater use.

09:24 AM

Tom Morris, Office of Legislative Legal Services, responded to questions from the committee about a proposed amendment to limit graywater reuse to customers of municipal water providers and he identified the parties who helped draft the bill.
BILL:Draft Bill 3
TIME: 09:15:52 AM
MOVED:Wilson
MOTION:Moved to approve Draft Bill 3 concerning graywater reuse, as amended. The motion failed on a vote of 6 to 4. Pursuant to Section 37-98-103, C.R.S., no bill may be reported to the Legislative Council unless a two-thirds majority of the appointed members of the committee (7 members) vote to report the bill.
SECONDED:
VOTE
Baumgardner
No
Brophy
No
Giron
Yes
Hodge
Yes
Roberts
Yes
Swerdfeger
No
Vigil
Yes
Wilson
Yes
Sonnenberg
No
Schwartz
Yes
Final YES: 6 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Draft Billl 3
TIME: 09:27:44 AM
MOVED:Schwartz
MOTION:Moved a conceptual amendment to limit graywater reuse to customers of municipal water systems. The motion was adopted without objection.
SECONDED:
VOTE
Baumgardner
Brophy
Giron
Hodge
Roberts
Swerdfeger
Vigil
Wilson
Sonnenberg
Schwartz
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




09:34 AM -- Draft Bill 4

Senator Schwartz explained that Draft Bill 4 concerns postponement of the repeal of requirements to replace well depletions to the Denver Basin Aquifers. If approved by at least seven members of the committee, the draft bill will be considered by Legislative Council on November 8, 2011. Public testimony on the draft bill occurred on October 17, 2011.
BILL:Draft Bill 4
TIME: 09:34:32 AM
MOVED:Sonnenberg
MOTION:Moved to approve Draft Bill 4 concerning the repeal of water replacement requirement for the Denver Basin Aquifers, unamended. The motion passed on a vote of 10 to 0. This bill will be labeled Bill C for consideration by Legislative Council on November 8, 2011.
SECONDED:
VOTE
Baumgardner
Yes
Brophy
Yes
Giron
Yes
Hodge
Yes
Roberts
Yes
Swerdfeger
Yes
Vigil
Yes
Wilson
Yes
Sonnenberg
Yes
Schwartz
Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




09:35 AM -- Draft Bill 5

Senator Schwartz explained that Draft Bill 5 concerns a phased-in increase in water efficiency for toilets. If approved by at least seven members of the committee, the draft bill will be considered by Legislative Council on November 8, 20111. Public testimony on the draft bill occurred on October 17, 2011.

09:38 AM

Tom Morris described provision of the bill concerning exemptions from water efficiency requirements specified on page 6 of the draft bill. Committee discussion followed on the merits of the bill.
BILL:Draft Bill 5
TIME: 09:35:31 AM
MOVED:Schwartz
MOTION:Moved to approve Draft Bill 5 concerning a phase-in requirement for efficient toilets, as amended. The motion failed on a vote of 5 to 5. Pursuant to Section 37-98-103, C.R.S., no bill may be reported to the Legislative Council unless a two-thirds majority of the appointed members of the committee (7 members) vote to report the bill.
SECONDED:
VOTE
Baumgardner
No
Brophy
No
Giron
Yes
Hodge
Yes
Roberts
No
Swerdfeger
No
Vigil
Yes
Wilson
Yes
Sonnenberg
No
Schwartz
Yes
Final YES: 5 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:Draft Bill 5
TIME: 09:38:23 AM
MOVED:
MOTION:Moved Amendment L. 002 (Attachment A). The motion passed without objection. Attachment A.pdf
SECONDED:
VOTE
Baumgardner
Brophy
Giron
Hodge
Roberts
Swerdfeger
Vigil
Wilson
Sonnenberg
Schwartz
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Draft Bill 5
TIME: 09:37:19 AM
MOVED:Schwartz
MOTION:Moved Amendment L. 001 (Attachment B). The motion passed without objection. Attachment B.pdf
SECONDED:
VOTE
Baumgardner
Brophy
Giron
Hodge
Roberts
Swerdfeger
Vigil
Wilson
Sonnenberg
Schwartz
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Draft Bill 5
TIME: 09:35:58 AM
MOVED:Sonnenberg
MOTION:Moved Amendment L. 003 (Attachment C). The motion was withdrawn by the sponsor. Attachment C.pdf
SECONDED:
VOTE
Baumgardner
Brophy
Giron
Hodge
Roberts
Swerdfeger
Vigil
Wilson
Sonnenberg
Schwartz
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





09:56 AM -- Draft Bill 6

Senator Schwartz explained that Draft Bill 6 concerns the disposal of waste medicines. If approved by at least seven members of the committee, the draft bill will be considered by Legislative Council on November 8, 2011. Public testimony on the draft bill occurred on October 17, 2011.
BILL:Draft Bill 6
TIME: 09:57:19 AM
MOVED:Wilson
MOTION:Moved to approve Draft Bill 6 concerning the disposal of waste medicines, as amended. The motion failed on a vote of 5 to 5. Pursuant to Section 37-98-103, C.R.S., no bill may be reported to the Legislative Council unless a two-thirds majority of the appointed members of the committee (7 members) vote to report the bill.
SECONDED:
VOTE
Baumgardner
No
Brophy
No
Giron
Yes
Hodge
Yes
Roberts
No
Swerdfeger
No
Vigil
Yes
Wilson
Yes
Sonnenberg
No
Schwartz
Yes
Final YES: 5 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:Draft Bill 6
TIME: 10:00:31 AM
MOVED:Wilson
MOTION:Moved Amendment L. 002 (Attachment D). The motion passed without objection. Attachment D.pdf
SECONDED:
VOTE
Baumgardner
Brophy
Giron
Hodge
Roberts
Swerdfeger
Vigil
Wilson
Sonnenberg
Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Draft Bill 6
TIME: 09:57:37 AM
MOVED:Wilson
MOTION:Moved Amendment L. 001, as amended (Attachment E). Representative Wilson accepted as a friendly amendment to Page 1, line 12 of Amendment L. 001, after "3" insert "THE DIVISION SHALL NOTIFY LEGISLATIVE COUNCIL STAFF WHEN IT HAS RECEIVED ADEQUATE FUNDING FOR THE PROGRAM AND INCLUDE IN THE NOTIFICATION THE INFORMATION SPECIFIED IN SECTION 24-75-1303 (3), C.R.S. The motion passed without objection. Attachment E.pdf
SECONDED:
VOTE
Baumgardner
Brophy
Giron
Hodge
Roberts
Swerdfeger
Vigil
Wilson
Sonnenberg
Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





10:08 AM -- Draft Bill 7

Senator Schwartz explained that Draft Bill 7 concerns the consolidation of cash funds administered by the Division of Water Resources. If approved by at least seven members of the committee, the draft bill will be considered by Legislative Council on November 8, 2011. Public testimony on the draft bill occurred on October 17, 2011.
BILL:Draft Bill 7
TIME: 10:08:50 AM
MOVED:Sonnenberg
MOTION:Moved to approve Draft Bill 7 concerning the consolidation of Division of Water Resources Funds. The motion passed on a vote of 10 to 0. This bill will be labeled Bill D for consideration by Legislative Council on November 8, 2011.
SECONDED:
VOTE
Baumgardner
Yes
Brophy
Yes
Giron
Yes
Hodge
Yes
Roberts
Yes
Swerdfeger
Yes
Vigil
Yes
Wilson
Yes
Sonnenberg
Yes
Schwartz
Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




10:09 AM -- Draft Bill 8

Senator Schwartz explained that Draft Bill 8 concerns the reissuance of lost mutual ditch share certificates. If approved by at least seven members of the committee, the draft bill will be considered by Legislative Council on November 8, 2011. Public testimony on the draft bill occurred on October 17, 2011.
BILL:Draft Bill 8
TIME: 10:09:49 AM
MOVED:Sonnenberg
MOTION:Moved to approve Draft Bill 8 concerning the reissuance of lost mutual ditch share certificates. The motion passed on a vote of 10 to 0. This bill will be labeled Bill E for consideration by Legislative Council on November 8, 2011.
SECONDED:
VOTE
Baumgardner
Yes
Brophy
Yes
Giron
Yes
Hodge
Yes
Roberts
Yes
Swerdfeger
Yes
Vigil
Yes
Wilson
Yes
Sonnenberg
Yes
Schwartz
Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




10:10 AM -- Draft Resolution 1

Senator Schwartz explained that Draft Resolution 1 concerns the use of severance tax revenue for water infrastructure. If approved by at least seven members of the committee, the draft bill will be considered by Legislative Council on November 8, 20111. Public testimony on the draft bill occurred on October 17, 2011.
BILL:Draft Resolution 1
TIME: 10:11:11 AM
MOVED:Roberts
MOTION:Moved to approve Draft Resolution 1 concerning the use of severance tax revenue for water infrastructure, as amended. The motion passed on a vote of 9 to 1.
SECONDED:
VOTE
Baumgardner
Yes
Brophy
Yes
Giron
Yes
Hodge
No
Roberts
Yes
Swerdfeger
Yes
Vigil
Yes
Wilson
Yes
Sonnenberg
Yes
Schwartz
Yes
Final YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Draft Resolution 1
TIME: 10:15:01 AM
MOVED:Schwartz
MOTION:Moved to amend Page 3, line 7 of the resolution, after "revenues" insert "as intended by existing statute." The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Brophy
Giron
Hodge
Roberts
Swerdfeger
Vigil
Wilson
Sonnenberg
Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




10:18 AM -- Assignment of Bill Sponsor

Senator Schwartz announced that Draft Bill 1 concerning the exemption of drinking water treatment facilities will be a House bill, prime-sponsored by Representative Vigil and Senator Schwartz, and co-sponsored by Senators Brophy, Giron, Hodge, and Roberts and Representatives Baumgardner, Sonnenberg, Swerdfeger, and Wilson.

10:19 AM

Senator Schwartz announced that Draft Bill 2 concerning the water replacement requirement for certain mining operations will be a House bill, prime-sponsored by Representative Sonnenberg and Senator Schwartz, and co-sponsored by Senators Brophy, Giron, Hodge, and Roberts and Representatives Baumgardner, Swerdfeger, Vigil and Wilson.

10:19 AM

Senator Schwartz announced that Draft Bill 4 concerning the repeal of water replacement requirements for certain wells in the Denver Basin Aquifers will be a Senate bill, prime-sponsored by Senator Brophy and Representative Sonnenberg, and co-sponsored by Senators Giron, Hodge, Roberts, and Schwartz and Representatives Baumgardner, Swerdfeger, Vigil and Wilson.

10:20 AM

Senator Schwartz announced that Draft Bill 7 concerning consolidation of cash funds administered by the Division of Water Resources will be a Senate bill, prime-sponsored by Senator Hodge and Representative Swerdfeger, and co-sponsored by Senators Brophy, Giron, Hodge, Roberts, and Schwartz and Representatives Baumgardner, Sonnenberg, Vigil and Wilson.

10:21 AM

Senator Schwartz announced that Draft Bill 8 concerning the reissuance of lost mutual ditch share certificates will be a House bill, prime-sponsored by Representative Baumgardner and Senator Giron, and co-sponsored by Senators Brophy, Hodge, Roberts, and Schwartz and Representatives Sonnenberg, Swerdfeger, Vigil and Wilson.

10:22 AM

Senator Schwartz announced that Draft Resolution 1 concerning use of severance tax revenue for water infrastructure will be a Senate resolution, prime-sponsored by Senator Roberts and Representative Wilson, and co-sponsored by Senators Giron and Schwartz and Representatives Baumgardner, Sonnenberg, Swerdfeger, and Vigil.

10:31 AM

The meeting adjourned.