Date: 03/11/2013
Final
BILL SUMMARY for SB13-041
HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
| Votes: View--> | Action Taken: |
Adopt L.006 (Attachment C), as amended. The motion
Amend L.006 (Attachment C) to strike lines 1 and 2
Refer Senate Bill 13-041, as amended, to the Commi | Pass Without Objection
Pass Without Objection
PASS |
04:36 PM -- Senate Bill 13-041
Representative Sonnenberg, sponsor, presented Senate Bill 13-083. In June 2011 the Colorado Supreme Court issued its decision in Upper Yampa Water Conservancy District v. Wolfe. According to the holding in that case, to perfect a conditional water right that allows storage, an applicant must show both actual storage and actual beneficial use of a specific amount of water. Further, quantifiable evidence of actual beneficial use in excess of existing absolute decrees is required. This bill expands the term "beneficial use" to include the impoundment of water for firefighting or storage for any lawful purpose, and further specifies that: a system with multiple water storage features may be granted an absolute water storage right, in whole or in part, without evidence of full utilization of all component water rights; a water storage right shall be made absolute for the volume that has been captured, possessed, and controlled at the decreed storage structure; and a water right is not abandoned when the water is in long-term storage from year-to-year. The bill applies to water right applications pending on or after its effective date.
04:38 PM -- Jo Evans, Audubon Society of Colorado, spoke in opposition to the bill. Ms. Evans discussed prior appropriation, conditional versus absolute water rights, and how she felt this bill would change current water rights law. Ms. Evans talked about diligence hearings, ecosystems, and her beliefs regarding how water rights holders should use their allotted water. Ms. Evans answered questions from the committee regarding what amendments would make her willing to support the bill. Committee discussion ensued regarding amendments that have not yet been offered. Ms. Evans continued to answer questions from the committee regarding potential changes to current law that would address her concerns and beneficial use of water storage as a method of supplementing fire-fighting efforts.
04:58 PM -- Representative Ruth Wright, representing herself, spoke in opposition to the bill. Staff distributed a handout from Representative Wright (Attachment B). Representative Wright discussed how the bill defines storage as a beneficial use and how this new definition will affect related statutes. Representative Wright explained that the provisions of this bill describe a fundamental change to Colorado water law and described two concepts outlined in the bill that she does support. Representative Wright answered questions from the committee regarding the lack of water storage, the debate surrounding the expansion of Chatfield reservoir, Colorado's drought, the appropriations system, stream flows, storage as a beneficial use, and previous water capture legislation.
130311 AttachB.pdf
05:23 PM -- Jim Lockhead, Denver Water and Front Range Water Council, spoke in support of the bill. Mr. Lockhead discussed what this bill is not intended to do and highlighted the main functions of the bill. Mr. Lockhead also talked about the effects of drought and wildfire, the need to preserve water storage structures, absolute water rights, and beneficial use as defined in the bill. Mr. Lockhead answered questions from the committee regarding statements made in a past stakeholders meeting about a requirement to drain reservoirs in order to demonstrate water need, the complexity of Colorado water law, storage of water as a beneficial use, and proof of water right decrees.
05:41 PM -- Eric Wilkinson, Northern Water and Front Range Water Council, spoke in support of the bill. Mr. Wilkinson talked about how this bill is needed to provide assurance to those storing water, the challenges of Colorado's growing water needs, climate variability, the need for existing and future water storage, and the multiple steps involved in successfully storing water.
05:49 PM -- Dick Wolfe, State Engineer, Division of Water Resources, spoke in support of the bill. Mr. Wolfe discussed Upper Yampa Water Conservancy District v. Wolfeand explained how it relates to this bill. Mr. Wolfe talked about how existing water law needs to be changed to continue to move Colorado forward and answered questions from the committee regarding what types of projects would qualify as storage under the provisions of this bill.
05:57 PM -- Drew Peternell, Trout Unlimited, spoke in opposition to the bill. Mr. Peternell described the importance of showing need with regard to water rights and described his organization's reasons for opposing the bill.
06:00 PM -- John McClow, Upper Gunnison River Water Conservancy District, spoke in support of the bill. Mr. McCloud described the three conditional storage water rights that the district holds and the vital contribution that these rights provide for the district. Mr. McClow talked about the importance of having water in reserve to be used during water shortage years and how proving a need for water by emptying water that is stored is counter-intuitive. Mr. McClow said he was authorized to share that Southwestern District and Colorado Water Congress also support the bill.
06:04 PM -- Kevin McBride, Upper Yampa Water Conservancy District, spoke in support of the bill. Mr. McBride offered two examples of how water sitting in reservoirs is useful, regardless of consumptive or non-consumptive use. Mr. McBride answered questions from the committee regarding if current law requires reservoirs to be drained in order to prove need.
06:10 PM -- Diana Orf, Associated Governments of Northwest Colorado and Colorado Mining Association, spoke in support of the bill. Ms. Orf discussed how the ability to store water for decree purposes is a good management tool especially when facing drought.
06:12 PM -- Nicholas Colglazier, Colorado Farm Bureau, spoke in support of the bill. Mr. Colglazier talked about the importance and value of water as it relates to agriculture. He discussed how the storage of water is essential for times of need and how this practice will benefit agriculture and the state of Colorado.
06:13 PM -- Chris Treese, Colorado River District, spoke in support of the bill. Mr. Treese discussed how he agrees that water should only be taken when it's needed and that it should only be released from storage when it is absolutely needed. Mr. Treese discussed the applicable date of the bill, the nature of this efficiency bill, and the wide scope of this bill.
06:17 PM
Staff distributed Amendment L.006 (Attachment C) to the committee.
130311 AttachC.pdf
06:26 PM
Representative Sonnenberg wrapped up his presentation of the bill.
 | |
| BILL: | SB13-041 | |
| TIME: | 06:31:29 PM |
| MOVED: | Sonnenberg |
| MOTION: | Refer Senate Bill 13-041, as amended, to the Committee of the Whole. The motion passed on a vote of 11-1 with one excused. |
| SECONDED: | Rosenthal |
| VOTE |
| Buck | Excused |
| Coram | Yes |
| Garcia | Yes |
| Lebsock | No |
| McLachlan | Yes |
| McNulty | Yes |
| Mitsch Bush | Yes |
| Rankin | Yes |
| Rosenthal | Yes |
| Saine | Yes |
| Sonnenberg | Yes |
| Vigil | Yes |
| Fischer | Yes |
| | |
Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS |
06:34 PM
The committee adjourned.