Date: 03/04/2013

Final
BILL SUMMARY for SB13-074

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Adopt amendment L.004 (Attachment D). The motion p
Refer Senate Bill 13-074, as amended, to the Commi		PASS
PASS



02:29 PM -- Senate Bill 13-074

Representative Sonnenberg, sponsor, presented Senate Bill 13-074. This bill is recommended by the Water Resources Review Committee. It creates a mechanism to determine the maximum number of acres that may be irrigated under a pre-1937 water right for decrees that did not expressly limit the acreage when issued. The bill specifies that in such cases the number of acres that may be irrigated is limited to the maximum number of acres irrigated during the first 50 years after the original decree, unless the acreage issue has been adjudicated. Committee discussion on the bill ensued.

02:29 PM -- Steve Sims, Colorado Water Congress and City of Aurora, spoke in opposition to the bill. Mr. Sims discussed the Colorado Water Congress and their position on this bill. Mr. Sims said that this bill will change how water law functions in Colorado and offered an explanation of the history of water rights in Colorado in great detail. Mr. Sims discussed the Burlington ditch case and its relevance to this bill, and refuted some of the reasons why proponents of this bill may argue in favor of it. Mr. Sims answered questions from the committee regarding corruption of past water commissioners, the people who may be punished as a result of cheating on water rights, and how this bill would impact the Western Slope versus the Eastern Slope.

03:09 PM -- Andy Jones, Legacy Ditch Association, spoke in support of the bill. Staff distributed a handout from the Legacy Ditch Association (Attachment C) to the committee. Mr. Jones described how the bill offers necessary protections to senior water rights holders and offered an explanation of the history of water rights in Colorado. He also talked about legislation regarding the Jones ditch, the Burlington ditch case, how this bill may affect farmers, and the potential impacts of this bill. Staff distributed L.004 (Attachment D) to the committee. Mr. Jones discussed amendment L.004 (Attachment D), and answered questions from the committee regarding the significance of the year 1937 per the language of the bill, amendment L.004 (Attachment D), and cheating on water rights.

130304 AttachC.pdf130304 AttachC.pdf130304 AttachD.pdf130304 AttachD.pdf

03:45 PM

The committee took a brief recess.

03:55 PM

The committee came back to order.

03:55 PM -- Pat Ratliff, South Metro Water Supply Authority, spoke in opposition to the bill. Ms. Ratliff spoke about how the bill is very broad in nature and said that her client is concerned about the impact of this bill.

03:57 PM -- Peggy Montano, Northern Colorado Water Conservancy District, discussed amendments that the district would like to see made to the bill in order for them to support it. Ms. Montano expressed concerns regarding ambiguities in the bill that may cause problems in the future and requested for the bill to be laid over to allow for more time to draft amendments that would narrow the bill. Ms. Montano discussed additional changes she would like to see made to the bill and how many decrees may be affected by this bill. She answered questions from the committee regarding how improved water technology affects water usage and historic return flows. Committee discussion ensued regarding consumptive use. Ms. Montano continued to answer questions from the committee regarding the Burlington ditch case and the potential for this bill to add stability and value to water rights holders. Committee discussion ensued regarding the amendment that was passed in the Senate and appears in the reengrossed version of the bill.

04:27 PM -- Garin Vorthmann, Colorado Farm Bureau, spoke in support of the bill with the inclusion of attachment L.004 (Attachment D). Ms. Vorthmann discussed how this bill will help the bureau's farm family members, the language in the Senate amendment which passed and appears in the reengrossed version of the bill, and the original decree date versus adjudication date. Ms. Vorthmann answered questions from the committee regarding the differences between the original decree date and the adjudication date, the member composition of the bureau, why the bureau supports the bill, and how the bill may help avoid illegal expansion.

04:39 PM -- David Hunt, representing himself, spoke in support of the bill. Mr. Hunt discussed his experiences with a change of use case, the costs assumed during that process, and the complexities associated with adjudication dates versus decree dates. Mr. Hunt answered questions from the committee regarding his lack of participation in the Water Congress and his decree date versus adjudication date. Mr. Hunt read the Colorado Corn Growers statement to the committee, which states that the Colorado Corn Growers support the bill for various reasons.

04:52 PM -- Bill Jerke, representing himself, spoke in support of the bill. Mr. Jerke discussed the historical background of his family's farm, ditch shares, and the need for clarification regarding water rights.

04:57 PM -- Brett Ulrich, JBS Five Rivers Cattle Feeding, spoke in support of the bill. Mr. Ulrich discussed the economic value of water in Colorado, the functions and commodities of his business, the partnership between the agricultural community and the operations of JBS Fiver Rivers Cattle Feeding, and the motivation behind those who have spoken against the bill.

05:06 PM -- Famuer Rasmussen, Lower Boulder Ditch Company, spoke in support of the bill. Mr. Rasmussen discussed the history of the Lower Boulder ditch and how this bill would protect longstanding irrigation practices and provide unity.

05:09 PM -- Arvid Carlson, JBS Five Rivers Cattle Feeding, spoke in support of the bill. Mr. Carlson discussed the importance of protecting senior water rights and the wide-reaching impacts of Colorado agricultural industries.

05:13 PM -- Dan Brown, Cache La Poudre Water User's Association, spoke in support of the bill. Mr. Brown discussed the two main reasons why the Association supports the bill. Mr. Brown answered questions from the committee regarding the differences between the date of decree, the date of adjudication, and the date of appropriation, with regard to water rights.

05:26 PM

Committee discussion ensued regarding how this bill may affect water rights on the Western Slope versus the Eastern Slope.

05:29 PM

The committee took a brief recess.

05:38 PM

The committee came back to order.


05:38 PM -- Andy Jones returned to the table to answer questions from the committee regarding potential amendments that were drafted but not distributed.
BILL:SB13-074
TIME: 05:48:06 PM
MOVED:Sonnenberg
MOTION:Adopt amendment L.004 (Attachment D). The motion passed on a vote of 12-1.
SECONDED:Saine
VOTE
Buck
Yes
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
YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:50 PM

Representative Sonnenberg wrapped up his presentation of the bill.
BILL:SB13-074
TIME: 05:54:16 PM
MOVED:Sonnenberg
MOTION:Refer Senate Bill 13-074, as amended, to the Committee of the Whole. The motion passed on a vote of 10-3.
SECONDED:Buck
VOTE
Buck
Yes
Coram
Yes
Garcia
Yes
Lebsock
No
McLachlan
Yes
McNulty
No
Mitsch Bush
Yes
Rankin
No
Rosenthal
Yes
Saine
Yes
Sonnenberg
Yes
Vigil
Yes
Fischer
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS




05:58 PM

The committee adjourned.