Date: 03/18/2013

Final
BILL SUMMARY for SB13-181

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Adopt amendment L.004 (Attachment E). The motion p
Refer Senate Bill 13-181, as amended, to the Commi		PASS
PASS



04:15 PM -- Senate Bill 13-181

Representative Fischer, sponsor, presented Senate Bill 13-181. This reengrossed bill appropriates funds from the Colorado Water Conservation Board (CWCB) Construction Fund for specific water-related projects in FY 2013-14. The bill also renames the Perpetual Base Account of the Severance Tax Trust Fund to the Severance Tax Perpetual Base Fund; renames the Operational Account of the Severance Tax Trust Fund to the Severance Tax Operational Fund; transfers funding from the Severance Tax Perpetual Base Fund to the CWCB Construction Fund to fund two projects; transfers funding from the CWCB Construction Fund for one project; clarifies that the CWCB may also use instream flow water rights to improve the natural environment, using up to $1,000,000 of existing continuous spending authority; authorizes the CWCB to loan an additional $4,040,000 to the Tri-County Water Conservancy District for the Ridgway Dam Hydropower project, for a new approved total loan amount of $13,130,000; and authorizes the CWCB to loan $18,538,550 from the CWCB Construction Fund to enable the purchase of water rights for the Roxborough Water and Sanitation District water activity enterprise.

The following persons testified on the bill:

04:21 PM -- Jennifer Gimbel, CWCB, spoke in support of the bill. Ms. Gimbel offered an overview of each section of the bill and stated that the Colorado Water Congress also supports the bill. Ms. Gimbel answered questions from the committee about a proposed (but not offered) amendment that would strike section 15 of the bill, regarding instream flows. Ms. Gimbel answered questions from the committee regarding how "minimum instream flow" is defined.

04:39 PM -- Don Chawcrift, Colorado Farm Bureau, did not state his position on the bill. Mr. Chawcrift discussed the bureau's concerns regarding section 15 of the bill, and urged support for amendment L.004 (Attachment E).

130318 AttachE.pdf130318 AttachE.pdf

04:43 PM -- Lee Miller, Southeastern Colorado Water Conservancy District, spoke in support of the bill. He stated that the bill is vital for the state and that the bill provides funding for critical projects throughout the state.

04:45 PM -- Jen Boulton, Trout Unlimited and Audubon Society of the Rockies, testified in support of the bill. Ms. Boulton offered support of sections 12 and 15 of the bill. She urged the committee to support the bill as it stands now, without any amendments. Ms. Boulton responded to questions from the committee regarding the term "preserve" as it relates to instream flows, how the health of a river is determined, and the prioritization of funded rivers.

04:55 PM -- Bruce Whitehead, Southwestern Water Conservation District, testified in support of the bill but discussed his reservations about section 15 of the bill. Mr. Whitehead summarized his professional career and spoke about how the term "improved" is difficult to define. Mr. Whitehead detailed his concerns about incentivizing the removal of lands from production and said that the bill allows for a continuous appropriation and a policy change. He urged support for Amendment L.004 (Attachment E).

05:03 PM -- John Hendrick, Centennial Water and Sanitation District, spoke in support of the bill. Mr. Hendrick discussed how this bill would support the Chatfield Reservoir reallocation project.

05:05 PM -- Pat Ratliff, South Metro Water Supply Authority, spoke in support of the bill in its entirety. Ms. Ratliff stated that her organization does not have a position on the amendment.

05:07 PM -- Dan Drucker, Center of Colorado Water Conservancy District, spoke in support of the bill. Staff distributed a letter from the district to the committee (Attachment F). Mr. Drucker explained the operations of the district and said they do not have a position on section 15.

130318 AttachF.pdf130318 AttachF.pdf

05:09 PM -- Chris Treese, Colorado River District, spoke in support of the bill, but without section 15. Mr. Treese explained that removing "and improve" from the language of the bill will not remove the continuous appropriation and would not affect the existing instream program. Mr. Treese discussed the district's position on appropriated funds and answered questions regarding if the district's support of the bill was unanimous.

05:14 PM -- Frank Eckhardt, representing himself, spoke in support of the bill with reservations about section 15 of the bill. Mr. Eckhardt talked about the ditches on his land and reiterated his concern about section 15 of the bill.

05:16 PM -- Peter Nichols, Colorado Water Trust, spoke in support of the bill. Mr. Nichols explained the Colorado Water Trust's mission and membership and described the instream flow program within the trust. Mr. Nichols urged the committee's support of section 15 of the bill.

05:20 PM -- John McClow, CWCB, spoke in support of the bill in its entirety. Mr. McClow discussed the instream flow program within the CWCB and the requirement of the CWCB to report expenditures to the legislature. Mr. McClow discussed the implications of removing the phrase "and improve" from the language of the bill and responded to questions regarding a letter that was sent to Representative McLachlan. He also answered questions regarding the outcome of the CWCB votes.

05:31 PM -- Alan Hammel, CWCB, spoke in support of the bill in its entirety. Mr. Hammel offered a brief summation of his professional career, and shared some observations about the commitment and intentions of the members of the CWCB. Mr. Hammel said that the board will engage with an open and public process to define "and improve" if the bill is passed.

 05:38 PM -- Mr. McClow answered questions from the committee regarding the process that must be followed through water court if the CWCB appropriates or requires a change in water right.

05:39 PM

Staff distributed amendment L.004 (Attachment E) to the committee. Committee discussion on the amendment ensued.

BILL:SB13-181
TIME: 05:50:14 PM
MOVED:Sonnenberg
MOTION:Adopt amendment L.004 (Attachment E). The motion passed on a vote of 8-5.
SECONDED:McNulty
VOTE
Buck
Yes
Coram
Yes
Garcia
No
Lebsock
No
McLachlan
Yes
McNulty
Yes
Mitsch Bush
No
Rankin
Yes
Rosenthal
No
Saine
Yes
Sonnenberg
Yes
Vigil
Yes
Fischer
No
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:SB13-181
TIME: 05:52:42 PM
MOVED:Fischer
MOTION:Refer Senate Bill 13-181, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:McNulty
VOTE
Buck
Yes
Coram
Yes
Garcia
Yes
Lebsock
Yes
McLachlan
Yes
McNulty
Yes
Mitsch Bush
Yes
Rankin
Yes
Rosenthal
Yes
Saine
Yes
Sonnenberg
Yes
Vigil
Yes
Fischer
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




05:54 PM

The committee adjourned.