Water Resources Review Committee (09/27/2012)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	09/27/2012	ATTENDANCE

Time:	10:02 AM to 03:59 PM	Baumgardner	X
		Brophy	X
Place:	HCR 0112	Giron	X
		Hodge	X
This Meeting was called to order by		Roberts	X
	Representative Sonnenberg	Swerdfeger	X
		Vigil	E
This Report was prepared by		Wilson	X
	David Beaujon	Schwartz	E
		Sonnenberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
High Park Wildfire Impacts Agriculture Water Leasing Consideration of Draft Letter Colorado Foundation for Water Education Draft Bill 1 Draft Bill 5 Draft Bill 3 Exceed Bill Limit Draft Bill 4 Draft Bill 6 Draft Bill 7 Draft Bill 8 Draft Bill 9 Draft Bill 10 Draft Bill 11 Draft Bill 2		Briefing Only Briefing Only Signed by Committee Briefing Only Recommended to Legislative Council Recommended to Legislative Council Recommended to Legislative Council Approved Not Recommended Recommended to Legislative Council Recommended to Legislative Council Recommended to Legislative Council Recommended to Legislative Council Recommended to Legislative Council Not Recommended Testimony Only

10:03 AM -- High Park Wildfire Impacts

Jon Monson, Manager, Greeley Water and Sewer Department, described the High Park Wildfire and Hewlett Gulch Wildfires that occurred in Larimer County in 2012 and identified water infrastructure owned by the City of Greeley that are located in or near the areas impacted by the wildfires (Attachment A). He explained how the wildfires have impacted the taste and odor of the cities water supply and described how the city is mitigating the impacts of the wildfires on its water supply. He also described the cost of the mitigation measures and identified how these expenses are being paid using federal and local moneys including moneys from utility rate payers and tax payers. The impacted areas supply approximately 300,000 people with water and supplies water to approximately 640,000 irrigated acres.

10:22 AM

Donna Brosemer, Government and Pubic Relations, Greeley Water and Sewer Department, described funding challenges related to the wildfire mitigation programs. Mr. Monson also explained the City of Greeley may apply for funding from the Colorado Water Conservation Board to help pay for the wildfire mitigation project. Ms. Brosemer expressed concern about federal land management policies and how they will affect wildfire mitigation efforts.

10:25 AM

Representative Fischer announced that the State Forest Service is hosting a tour of the areas impacted by the High Park and Hewlett Gulch wildfires on October 2, 2012.

10:31 AM -- Agriculture Water Leasing

Gerry Knapp, Aurara Utilities, described the practice of lease fallowing for agricultural water rights and how it provides additional water to municipalities (Attachment B). He explained that lease fallowing is a preferred alternative to permanent transfers of agricultural water rights and identified agricultural waters in the Arkansas Basin that are leased by the City of Aurora. He also identified barriers under current law controlling leasing fallowing agreements and proposed statutory changes to allow long-term interruptable water supply agreements.

Attachment B.pdf

10:43 AM

Mr. Knapp responded to questions from the committee about the stakeholder process that will help draft the proposed legislation and issues that may be considered regarding lease fallowing leases. Representative Fischer discussed House Bill 11-1068, which would have authorized the State Engineer to approve temporary agricultural water transfer agreements between water right owners in the lower Arkansas River Basin and a municipal user. Under such agreements, the water right owner would cease irrigation and allow a municipal user to divert and beneficially use the water right for periods up to 40 years and may be extended using the same process for one additional period up to 40 years. House Bill 11-1068 was postponed indefinitely,

10:48 AM -- Consideration of Draft Letter

Melanie Mills, President and Chief Executive Officer, Colorado Ski Country USA, spoke in support of drafting a letter to the U.S. Forest Service (USFS) to express opposition to the 2012 ski area water clause.

10:52 AM

Brian Starkebaum, Colorado Association of Conservation Districts, spoke in support of drafting a letter to express opposition to the policies of the USFS that impact agricultural water rights.

10:56 AM

Geraldine Link, National Ski Area Association, spoke in support of the committee letter to the USFS.

11:00 AM

Jon Monson, Greeley Water and Sewer Department, spoke in support of the the letter to the USFS.


BILL:	Consideration of Draft Letter
TIME:	11:03:05 AM
MOVED:	Hodge
MOTION:	Moved to draft a letter to encourages the U.S. Forest Service to rescind its 2012 directive to ski areas concerning the transfer of water rights owned by a ski area to third parties and other policies where water rights are demanded in exchange for federal permits (Attachment C). The motion passed on a vote of 8-0.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Brophy	Yes
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

11:05 AM

The committee stood in recess.

11:15 AM -- Colorado Foundation for Water Education

Justice Gregory Hobbs Jr., 1st Vice President, Colorado Foundation for Water Education (CFWE), explained that the foundation was authorized in the 2002 under House Bill 02-1152, concerning the Colorado Water Conservation Board Construction Fund (Attachment D). He also identified publications concerning water policy that were drafted by the foundation including the Citizen's Guide to Colorado Water Law, and Headwaters, which is a quarterly publication from CFWE. Justice Hobbs also described the process for drafting the citizen guides and other resources from the foundation.

Attachment D.pdf

11:20 AM

Nicole Seltzer, CFWE Executive Director, described the tours and other educational opportunities provided by the foundation. She also discussed the distribution of CFWE publications and the availability of these resources on the CFWE website.

11:25 AM

Gregg Ten Eyck, CFWE Board Member, talked about the financial sustainability plan and explained that the foundation's annual budget is approximately $550,000. The CFWE receives $150,000 from the Colorado Water Conservation Board (CWCB), and receives the remainder its annual funding from membership dues, the sale of educational materials, revenue from foundation tours, and grants.

11:28 AM

Ms. Seltzer discussed the foundation's reserve fund and operating budget and described efforts to increase the CFWE reserve fund by increasing the number of memberships. Justice Hobbs talked about CFWE programs to educate water professionals and the public about water laws, and efforts to increase understanding about water conflicts such as utility costs and stream access for recreation. Ms. Seltzer recognized committee members who have attend tours and use CFWE publications. She also described the provisions of the contract with the CWCB that determines how the CFWE spends the funding from the CWCB.

11:49 AM

The committee stood in recess.

01:33 PM -- Draft Bill 1

Dick Brown, representing the City of Bennett and the Strasburg Water and Wastewater District, spoke in support of Draft Bill 1, concerning final well permit requirements for Denver Basin designated wells. Mr. Brown talked about water needs of Bennett and Strasburg and explained the need for the bill to delete the requirement of a final permit from the State Engineer for all wells withdrawing designated ground water from aquifers in the Denver basin.

01:39 PM

The committee recessed.


BILL:	Draft Bill 1
TIME:	01:39:32 PM
MOVED:	Hodge
MOTION:	Moved to approve Draft Bill 1 concerning no final well permit requirement for Denver basin designated. The motion passed on a vote of 7-0. This bill will be labeled Bill A for consideration by Legislative Council on October 15, 2012.
SECONDED:	Swerdfeger
		VOTE
	Baumgardner	Yes
	Brophy	Excused
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 7 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

01:41 PM -- Draft Bill 5

Melanie Mills, Colorado Ski Country USA, spoke in support of Draft Bill 5, concerning protection of water right ownership rights. The bill clarifies Colorado water law so that a landowner cannot demand a water right or conditional water right as a condition for granting a lease, special use permit, or right-of-way.

01:44 PM

Brian Starkebaum, Colorado Association of Conservation Districts, spoke in support of Draft Bill 5, concerning protection of water right ownership rights.

01:45 PM

Tom Morris, Office of Legislative Legal Services, responded to questions from the committee about Draft Bill 5.


BILL:	Draft Bill 5
TIME:	01:46:55 PM
MOVED:	Baumgardner
MOTION:	Moved to approve Draft Bill 5, concerning the protection of water right ownership rights. The motion passed on a vote of 8 to 0. This bill will be labeled Bill C for consideration by Legislative Council on October 15, 2012. The motion passed on a vote of 8-0.
SECONDED:	Brophy
		VOTE
	Baumgardner	Yes
	Brophy	Yes
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

01:47 PM

Representatives Baumgardner and Sonnenberg were designated as the Senate and House sponsors of the bill.

01:50 PM -- Draft Bill 3

There was no public testimony on Draft Bill 3 concerning the promotion of the conservation of designated ground water. Senator Brophy explained prepared amendment L.001 (Attachment E).


BILL:	Draft Bill 3
TIME:	01:50:36 PM
MOVED:	Brophy
MOTION:	Moved Amendment L.001 to Draft Bill 3. The motion passed without objection.
SECONDED:	Sonnenberg
		VOTE
	Baumgardner
	Brophy
	Giron
	Hodge
	Roberts
	Swerdfeger
	Vigil	Excused
	Wilson
	Schwartz	Excused
	Sonnenberg

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Draft Bill 3
TIME:	01:53:35 PM
MOVED:	Brophy
MOTION:	Moved to approve Draft Bill 3, concerning promoting the conservation of designated ground water, as amended. The motion passed on a vote of 8-0. This bill will be labeled Bill B for consideration by Legislative Council on October 15, 2012.
SECONDED:	Wilson
		VOTE
	Baumgardner	Yes
	Brophy	Yes
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

01:54 PM

Senator Brophy and Representative Sonnenberg were designated as the sponsors of Draft Bill 3.
01:54 PM -- 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:	01:55:15 PM
MOVED:	Roberts
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 8 to 0. The motion passed on a vote of 8-0.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Brophy	Yes
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

01:56 PM -- Draft Bill 4

Patricia DeChristopher, Pitkin County, spoke in support of Draft Bill 4 and explained how other water rights would be affected if a water rights owner had more incentives for water use efficiency and increase water conservation.

01:57 PM

John Ely, Pitkin County, discussed the similarities between Draft Bill 3 and Draft bill 4, and spoke in support of Draft Bill 4. He also explained the need to trade water rights on an open market under Draft Bill 4.

02:01 PM

Ms DeChristopher and Mr. Ely responded to questions from the committee about existing law concerning water conservation and the potential effect of the law on other water users. They also talked about the need for ditch users to operate more efficiently.

02:20 PM

Bart Miller, Western Resource Advocates, spoke in support of Draft Bill 4 and explained how it would promote water conservation.

02:21 PM

Brian Starkebaum, Colorado Association of Conservation Districts, proposed an amendment to include water efficiency programs for conservation districts.

02:22 PM

Tom Morris, Office of Legislative Legal Services, responded to questions from the committee concerning Draft Bill 4.


BILL:	Draft Bill 4
TIME:	02:23:04 PM
MOVED:	Wilson
MOTION:	Moved to approve Draft Bill 4, concerning promoting water conservation. The motion failed on a vote of 3-5.
SECONDED:	Giron
		VOTE
	Baumgardner	No
	Brophy	No
	Giron	Yes
	Hodge	Yes
	Roberts	No
	Swerdfeger	No
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	No

Final YES: 3 NO: 5 EXC: 2 ABS: 0 FINAL ACTION: FAIL

02:26 PM -- Draft Bill 6

Brendan McGuire, Government Relations Director, Vail Resorts, spoke in support of the resolution concerning the committee's opposition to ski area water permit rights being demand by the U.S. Forest Service as a condition of a right-of-way or special use permit.

02:27 PM

Committee discussion ensued concerning prepared amendment L.001 (Attachment F).


BILL:	Draft Bill 6
TIME:	02:29:11 PM
MOVED:	Sonnenberg
MOTION:	Moved Amendment L.001. The motion passed without objection. The motion passed without objection.
SECONDED:	Baumgardner
		VOTE
	Baumgardner
	Brophy
	Giron
	Hodge
	Roberts
	Swerdfeger
	Vigil	Excused
	Wilson
	Schwartz	Excused
	Sonnenberg

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Draft Bill 6
TIME:	02:29:05 PM
MOVED:	Hodge
MOTION:	Moved to approve Draft Bill 6, joint resolution to oppose forest service ski area water permit requirement, as amended. The motion passed on a vote of 8 to 0. This resolution will be labeled Resolution A for consideration by Legislative Council on October 15, 2012. The motion passed on a vote of 8-0.
SECONDED:	Swerdfeger
		VOTE
	Baumgardner	Yes
	Brophy	Yes
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:30 PM

Representative Baumgardner and Representative Sonnenberg were designated as the Senate and House sponsors of the bill.
02:32 PM -- Draft Bill 7

There was no public testimony on Draft Bill 7 concerning erroneously located water diversion points.


BILL:	Draft Bill 7
TIME:	02:32:45 PM
MOVED:	Hodge
MOTION:	Moved to approve Draft Bill 7, concerning erroneously located water diversion points. The motion passed on a vote of 8 to 0. This bill will be labeled Bill D for consideration by Legislative Council on October 15, 2012. The motion passed on a vote of 8-0.
SECONDED:	Swerdfeger
		VOTE
	Baumgardner	Yes
	Brophy	Yes
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:33 PM

Senator Giron and Representative Sonnenberg were designated as the Senate and House sponsors for Draft Bill 7.

02:34 PM -- Draft Bill 8

There was no public testimony on Draft Bill 8 concerning a joint resolution concerning use of severance tax for water infrastructure.


BILL:	Draft Bill 8
TIME:	02:35:59 PM
MOVED:	Wilson
MOTION:	Moved to amend Page 1, line 1 and 2, strike "and much of our water supply is located far from where it can be beneficially used;". The motion was withdrawn.
SECONDED:	Giron
		VOTE
	Baumgardner
	Brophy
	Giron
	Hodge
	Roberts
	Swerdfeger
	Vigil	Excused
	Wilson
	Schwartz	Excused
	Sonnenberg

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION:


BILL:	Draft Bill 8
TIME:	02:38:37 PM
MOVED:	Wilson
MOTION:	Moved to amend Page 2, line 30, strike "For example, the", lines 31 through 35, and line 36 "the Engineering New-Record;". The motion failed for lack of a second.
SECONDED:
		VOTE
	Baumgardner
	Brophy
	Giron
	Hodge
	Roberts
	Swerdfeger
	Vigil	Excused
	Wilson
	Schwartz	Excused
	Sonnenberg

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION:


BILL:	Draft Bill 8
TIME:	02:40:20 PM
MOVED:	Baumgardner
MOTION:	Moved to approve Draft Bill 8, joint resolution concerning use of severance tax water for infrastructure, as amended. The motion passed on a vote of 7-1. This bill will be labeled Resolution B for consideration by Legislative Council on October 15, 2012.
SECONDED:	Roberts
		VOTE
	Baumgardner	Yes
	Brophy	No
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 7 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:41PM

Senator Roberts and Hodge were designated as co-prime Senate sponsors and Representative Sonnenberg was designated at the House sponsor of Draft Bill 8.
02:42 PM -- Draft Bill 9

P. Andy Jones, representing a coalition of agriculture, municipal, and industrial water users, spoke in support of the bill. He talked about the need for the bill and described recent Colorado Supreme Court decisions related to this issue.

02:51 PM
David Hayes, Petros & White, LLC, spoke in support of the bill and discussed an amendment to expand the bill (Attachment G).

02:58 PM

Mr. Jones returned to respond to questions from the committee about provisions of the draft bill and the amendment proposed by Mr. Hayes.

03:05 PM

Tom Morris responded to questions from the committee about the bill and proposed amendment.


BILL:	Draft Bill 9
TIME:	03:09:12 PM
MOVED:	Roberts
MOTION:	Moved to approve Draft Bill 9, concerning irrigation water right historical use acreage. The motion passed on a vote of 8 to 0. This bill will be labeled Bill E for consideration by Legislative Council on October 15, 2012. The motion passed on a vote of 8-0.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Brophy	Yes
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:10 PM

Senator Hodge and Representative Sonnenberg were designated as sponsors of Draft Bill 9.
03:11 PM -- Draft Bill 10

Becky Long, Colorado Environmental Coalition, spoke in opposition to Draft Bill 10 concerning rule-making for stormwater dischargers general permitting.

03:14 PM

Diana Orf, Colorado Mining Association, spoke in support of the Draft Bill 10 and Amendment L. 001 (Attachment H). She also responded to questions from the committee about permit requirements that apply to the mining industry and the potential fiscal impact of the bill.


BILL:	Draft Bill 10
TIME:	03:23:24 PM
MOVED:	Baumgardner
MOTION:	Moved Amendment L.001. The motion passed without objection.. The motion passed without objection.
SECONDED:	Swerdfeger
		VOTE
	Baumgardner
	Brophy
	Giron
	Hodge
	Roberts
	Swerdfeger
	Vigil	Excused
	Wilson
	Schwartz	Excused
	Sonnenberg

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Draft Bill 10
TIME:	03:23:48 PM
MOVED:	Swerdfeger
MOTION:	Moved to approve Draft Bill 10, concerning rule-making for changes to general permit terms, as amended. The motion passed on a vote of 7 to 1. This bill will be labeled Bill F for consideration by Legislative Council on October 15, 2012. The motion passed on a vote of 7-1.
SECONDED:	Brophy
		VOTE
	Baumgardner	Yes
	Brophy	Yes
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	Yes
	Vigil	Excused
	Wilson	No
	Schwartz	Excused
	Sonnenberg	Yes

Final YES: 7 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:24 PM

Senator Brophy and Representative Sonnenberg were designated as sponsors of Draft Bill 10.
03:26 PM -- Draft Bill 11

Bart Miller, Western Resources Advocates, spoke in support of Draft Bill 11, and responded to questions from the committee about the current law concerning water reuse.


BILL:	Draft Bill 11
TIME:	03:37:02 PM
MOVED:	Wilson
MOTION:	Moved to approve Draft Bill 11, concerning gray water use. The motion failed on a 4-4 vote.
SECONDED:	Giron
		VOTE
	Baumgardner	No
	Brophy	No
	Giron	Yes
	Hodge	Yes
	Roberts	Yes
	Swerdfeger	No
	Vigil	Excused
	Wilson	Yes
	Schwartz	Excused
	Sonnenberg	No

Final YES: 4 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: TIE

03:47 PM -- Draft Bill 2

Dennis Coryell, Plains Ground Water Management District, spoke in support of Draft Bill 2 and described the regulation of ground water pumping in designated basins.

03:53 PM

Kevin Rein, Deputy State Engineer, Division of Water Resources, responded to questions from the committee about Draft Bill 2. There was no motion by the committee to recommend the bill to Legislative Council.

03:59 PM

The meeting adjourned.