Bill Summary for Bill Number SB12-097

Date: 02/27/2012

Final
BILL SUMMARY for SB12-097

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View-->	Action Taken:
Moved amendment L.002 (Attachment B). The motion p Moved to refer Senate Bill 12-097, as amended, to	Pass Without Objection PASS

02:28 PM -- Senate Bill 12-097

Representative Sonnenberg, presented Senate Bill 12-097, which creates a simplified procedure for applications to change a surface water point of diversion. Under current law, all changes of water rights, including changes in points of diversion, must be adjudicated. The bill allows surface point of diversion changes to be made under a simplified procedure if: the diversion point is not combined with or includes any other type of water right change; there are no other points of diversion between the new point of diversion and the diversion point from which the change is being made; and there are no intervening points of water inflow or discharge. The bill provides for the presumption that the change will not result in a greater amount of water decreed under the water right, however, this presumption may still be challenged in court.

The following individuals testified on the bill:

02:30 PM -- Emily Hunt, City of Thornton, spoke in support of the bill and discussed why changing a point of diversion would benefit Thornton. She also explained the number of water users across the state who are in a similar situation of needing to change a point of diversion and would otherwise be required to go to Water Court. Ms. Hunt answered questions from the committee about whether the bill would impact existing water right holders.

02:40 PM -- Sarah Borgers, City of Brighton, spoke in support of the bill.

02:41 PM -- Kent Holsinger, Colorado Cattlemans Association and Montezuma Valley Irrigation Company, spoke in support of the bill.

02:43 PM -- Chris Treese, Colorado River Water Conservation District, spoke in support of the bill and discussed Amendment L.002 (Attachment B).

02:45 PM -- Marjorie Sant, Farmers Reservoir and Irrigation Company, spoke in support of the bill and discussed a headgate in Burlington that was subject to a water rights change.

02:49 PM -- Joanne Herlihy, Colorado Water Congress, spoke in support of the bill and indicated support for Amendment L.002.


BILL:	SB12-097
TIME:	02:51:24 PM
MOVED:	Sonnenberg
MOTION:	Moved amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Brown
		VOTE
	Brown
	Coram
	Fischer
	Jones
	Looper
	McKinley
	Ryden
	Scott
	Vaad
	Vigil
	Wilson
	Baumgardner
	Sonnenberg

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-097
TIME:	02:51:58 PM
MOVED:	Sonnenberg
MOTION:	Moved to refer Senate Bill 12-097, as amended, to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:	Brown
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Excused
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS