Date: 10/30/2013

Final
Recommendations to Legislative Council

WATER RESOURCES REVIEW COMMITTEE

Votes: View--> Action Taken:
Moved Amendment # 1 to Draft Bill 11, as amended.
Moved Amendment # 1 to Draft Resolution 1. The mot
Moved Amendment #1 and Amendment # 2 to Draft Bill
Moved Amendment #1 to Draft Bill 10. The motion pa
Moved Amendment #1 to Draft Bill 1. The motion pas
Moved Amendment #1 to Draft Bill 3. The motion pas
Moved Draft Bill 10 concerning printing requiremen
Moved Draft Bill 11, concerning federal special us
Moved Draft Bill 2 concerning flexible water marke
Moved Draft Bill 3 concerning grants for small com
Moved Draft Bill 6 concerning funding for legislat
Moved Draft Bill 7 concerning enforcement of groun
Moved Draft Resolution 1 concerning interstate wei
Moved to add a safety clause to Draft Bill 1. The
Moved to allow the Water Resources Review Committe
Moved to amend Draft Bill 11, strike the safety cl
Moved to amend Draft Bill 1, Page 13, line 24, str
Moved to amend Draft Bill 6, Page 5, line 19 - 21,
Moved to amend Draft Bill 6, strike the safety cla
Moved to recommend Draft Bill 1 concerning hydroel		Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS
PASS
PASS
PASS
PASS
PASS
PASS
PASS
PASS
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS



04:06 PM -- Recommendations to Legislative Council

Senator Schwartz invited committee members to discuss draft bills and amendments.

Pursuant to Section 37-98-103, C.R.S., the 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. No bill may be reported to the Legislative Council unless a two-thirds majority of the appointed members of the committee vote to report such bill to the Legislative Council. Such greater number may not exceed one bill or other measure per member.

04:07 PM

Representative Coram described Draft Bill 1 concerning incentives for hydroelectric generation. Senator Schwartz discussed Amendment #1 (Attachment G) to Draft Bill 1. Representative Coram proposed an amendment to Page 13 of the draft bill, line 24, strike 'MAY" substitute "SHALL"

1030AttachmentG.pdf1030AttachmentG.pdf

04:17 PM

Representative Fischer described Draft Bill 2 concerning flexible water markets and discussed Amendment #1 (Attachment H) and Amendment #2 (Attachment I)

1030AttachmentH.pdf1030AttachmentH.pdf 1030AttachmentI.pdf1030AttachmentI.pdf 1030AttachmentI.pdf1030AttachmentI.pdf

04:21 PM

Senator Schwartz described Draft Bill 3 concerning grants for domestic waste and discussed Amendment #1 (Attachment J)

1030AttachmentJ.pdf1030AttachmentJ.pdf

04:23 PM

Representative Vigil described Draft Bill 4 concerning watershed roundtables and requested that the bill not be recommended. He explained that additional issues must be considered prior to introducing the measure.

04:26 PM

Senator Schwartz described Draft Bill 5 concerning cluster developments and requested that the committee not recommend the bill to Legislative Council.

04:29 PM

Representative Fischer discussed Draft Bill 6 concerning funding for legislator water education and proposed a conceptual amendment on page 5, line 21 of the draft bill, to change the process for approving water education expenses from the Legislative Council to the Speaker of the House for House members and the President of the Senate for Senate members. This would make the approval process the same as for other legislative expenses. Representative Sonnenberg requested that the bill be amended to use gifts, grants, and donations as the source for reimbursement for water education.

04:38 PM

Representative Fischer discussed Draft Bill 7 concerning enforcement of groundwater management district rules and regulations.

04:42 PM

Representative Fischer discussed Draft Bill 8 concerning the replacement of well depletions with certain surface waters and requested that the committee not recommend the bill.

04:43 PM

Representative Sonnenberg discussed Draft Bill 9 concerning water court procedures and requested that the committee not recommend the bill.

04:44 PM

Senator Hodge discussed Draft Bill 10 concerning printing requirements for the Division of Water Resources and proposed Amendment #1 (Attachment J).

04:45 PM

Representative Sonnenberg discussed Draft Bill 11 concerning federal special use permits and proposed Amendment #1 that strikes everything below the enacting clause, essentially creating a new draft bill (Attachment K).

1030AttachmentK.pdf1030AttachmentK.pdf

04:49 PM

Tom Morris, Office of Legislative Legal Services, responded to questions from the committee about the applicability of Draft Bill 11 if the committee approves Amendment #1.

04:49 PM

Senator Schwartz discussed the provisions of Draft Resolution 1 concerning the interstate weight limit for forest product transportation and proposed Amendment #1 (Attachment L) that strikes references to a specific company affected by the federal weight limit.

1030AttachmentL.pdf1030AttachmentL.pdf

04:54 PM

Senator Schwartz described a recent meeting where the State Engineer informed ground water users in the Rio Grande Basin that they would be ordered to cease pumping if they fail to replace their well depletions (Attachment M).

1030AttachmentM.pdf1030AttachmentM.pdf

04:55 PM

In response to questions from the committee, Mr. Morris explained that Draft Bill 7 only applies groundwater users in designated ground basins.

BILL:Recommendations to Legislative Council
TIME: 04:57:40 PM
MOVED:Hodge
MOTION:Moved to allow the Water Resources Review Committee to exceed the three bill limit in Section 37-98-103 (1), C.R.S. The motion passed on a vote of 10-0.
SECONDED:
VOTE
Brophy
Yes
Coram
Yes
Hodge
Yes
Jones
Yes
Mitsch Bush
Yes
Roberts
Yes
Sonnenberg
Yes
Vigil
Yes
Fischer
Yes
Schwartz
Yes
YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



Action on Draft Bill 1 Concerning Hydroelectric Generation
BILL:Recommendations to Legislative Council
TIME: 04:59:27 PM
MOVED:Coram
MOTION:Moved to recommend Draft Bill 1 concerning hydroelectric generation incentives, as amended. The motion passed on a vote of 10-0.
SECONDED:
VOTE
Brophy
Yes
Coram
Yes
Hodge
Yes
Jones
Yes
Mitsch Bush
Yes
Roberts
Yes
Sonnenberg
Yes
Vigil
Yes
Fischer
Yes
Schwartz
Yes
YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Recommendations to Legislative Council
TIME: 05:00:09 PM
MOVED:Coram
MOTION:Moved Amendment #1 to Draft Bill 1. The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:Recommendations to Legislative Council
TIME: 05:03:46 PM
MOVED:Schwartz
MOTION:Moved to add a safety clause to Draft Bill 1. The motion passed on a vote of 6-4.
SECONDED:
VOTE
Brophy
No
Coram
Yes
Hodge
No
Jones
Yes
Mitsch Bush
Yes
Roberts
No
Sonnenberg
No
Vigil
Yes
Fischer
Yes
Schwartz
Yes
YES: 6 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Recommendations to Legislative Council
TIME: 05:04:40 PM
MOVED:Coram
MOTION:Moved to amend Draft Bill 1, Page 13, line 24, strike "MAY" and substitute "SHALL". The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:01 PM

Representative Coram requested to be the prime sponsor for Draft Bill 1 and that it be introduced in the House. Representative Mitsch Bush requested to be a co-prime sponsor. Senator Schwartz and Senator Roberts, requested to be co-prime sponsors. Senator Hodge and Representatives Sonnenberg, Fischer, and Vigil requested to be co-sponsors of the bill.


Action on Draft Bill 2 Concerning Flexible Water Markets
BILL:Recommendations to Legislative Council
TIME: 05:05:35 PM
MOVED:Fischer
MOTION:Moved Draft Bill 2 concerning flexible water markets, as amended. The motion passed on a vote of 8-2.
SECONDED:
VOTE
Brophy
No
Coram
Yes
Hodge
Yes
Jones
Yes
Mitsch Bush
Yes
Roberts
Yes
Sonnenberg
No
Vigil
Yes
Fischer
Yes
Schwartz
Yes
YES: 8 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:Recommendations to Legislative Council
TIME: 05:06:02 PM
MOVED:Fischer
MOTION:Moved Amendment #1 and Amendment # 2 to Draft Bill 2. The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:07 PM

Representative Fischer requested to be prime sponsor for Draft Bill 2 and that it be introduced in the House. Senator Schwartz announced that she would be the Senate prime sponsor.


Action on Draft Bill 3 Concerning Grants for Small Community Wastewater Treatment Works
BILL:Recommendations to Legislative Council
TIME: 05:09:56 PM
MOVED:Schwartz
MOTION:Moved Draft Bill 3 concerning grants for small community domestic wastewater treatment works, as amended. The motion passed on a vote of 10-0.
SECONDED:
VOTE
Brophy
Yes
Coram
Yes
Hodge
Yes
Jones
Yes
Mitsch Bush
Yes
Roberts
Yes
Sonnenberg
Yes
Vigil
Yes
Fischer
Yes
Schwartz
Yes
YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Recommendations to Legislative Council
TIME: 05:10:12 PM
MOVED:Schwartz
MOTION:Moved Amendment #1 to Draft Bill 3. The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:11 PM

Representative Fischer requested to be prime sponsor for Draft Bill 3. Senator Hodge requested to be the Senate prime sponsor and that that the bill be introduced in the Senate. All other members of committee requested to be co-sponsors.


Action on Draft Bill 6 Concerning Funding for Legislator Water Education
BILL:Recommendations to Legislative Council
TIME: 05:12:13 PM
MOVED:Fischer
MOTION:Moved Draft Bill 6 concerning funding for legislator water education, as amended. The motion failed on a vote of 6-4. [Since a final vote to recommend a bill requires an affirmative vote of at least 7 members, this motion failed.]
SECONDED:
VOTE
Brophy
No
Coram
No
Hodge
Yes
Jones
Yes
Mitsch Bush
No
Roberts
Yes
Sonnenberg
No
Vigil
Yes
Fischer
Yes
Schwartz
Yes
YES: 6 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAILED


BILL:Recommendations to Legislative Council
TIME: 05:15:51 PM
MOVED:Roberts
MOTION:Moved to amend Draft Bill 6, strike the safety clause and substitute a standard enacting clause. The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Recommendations to Legislative Council
TIME: 05:12:35 PM
MOVED:Fischer
MOTION:Moved to amend Draft Bill 6, Page 5, line 19 - 21, strike "Legislative Council" and substitute "approved by the Speaker for House members and by the President for Senate members." The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



Action on Draft Bill 7 Concerning Groundwater Management District Enforcement

BILL:Recommendations to Legislative Council
TIME: 05:19:12 PM
MOVED:Fischer
MOTION:Moved Draft Bill 7 concerning enforcement of groundwater management district regulations. The motion failed on a vote of 6-4. [Since a final vote to recommend a bill requires an affirmative vote of at least 7 members, this motion failed.]
SECONDED:
VOTE
Brophy
No
Coram
No
Hodge
No
Jones
Yes
Mitsch Bush
Yes
Roberts
Yes
Sonnenberg
No
Vigil
Yes
Fischer
Yes
Schwartz
Yes
YES: 6 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAILED


Action on Draft Bill 10 Concerning Printing Requirements for Division of Water Resources
BILL:Recommendations to Legislative Council
TIME: 05:21:10 PM
MOVED:Hodge
MOTION:Moved Draft Bill 10 concerning printing requirements for the Division of Water Resources, as amended. The motion passed on a vote of 10-0.
SECONDED:
VOTE
Brophy
Yes
Coram
Yes
Hodge
Yes
Jones
Yes
Mitsch Bush
Yes
Roberts
Yes
Sonnenberg
Yes
Vigil
Yes
Fischer
Yes
Schwartz
Yes
YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Recommendations to Legislative Council
TIME: 05:21:30 PM
MOVED:Hodge
MOTION:Moved Amendment #1 to Draft Bill 10. The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:22 PM

Senator Hodge requested to be the Senate prime sponsor and that the Draft Bill 10 be introduced in the Senate. Representative Vigil requested to be the House prime sponsor. All other committee members requested to be co-sponsors.


Action on Draft Bill 11 Concerning Federal Special Use Permits
BILL:Recommendations to Legislative Council
TIME: 05:23:27 PM
MOVED:Sonnenberg
MOTION:Moved Draft Bill 11, concerning federal special use permits, as amended. The motion passed on a vote of 9-1.
SECONDED:
VOTE
Brophy
Yes
Coram
Yes
Hodge
Yes
Jones
No
Mitsch Bush
Yes
Roberts
Yes
Sonnenberg
Yes
Vigil
Yes
Fischer
No
Schwartz
Yes
YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Recommendations to Legislative Council
TIME: 05:23:43 PM
MOVED:Sonnenberg
MOTION:Moved Amendment # 1 to Draft Bill 11, as amended. The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Recommendations to Legislative Council
TIME: 05:24:28 PM
MOVED:Sonnenberg
MOTION:Moved to amend Draft Bill 11, strike the safety clause and substitute a standard enacting clause. The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:27 PM

Representative Sonnenberg requested to be the House prime sponsor and that Draft Bill 11 be introduced in the House. Senators Roberts requested to be the Senate prime sponsor. Senator Brophy and representatives Mitsch Bush and Coram requested to be sponsors.


Action on Draft Resolution 1 Concerning Federal Weight Limits for Forest Product Transporters
BILL:Recommendations to Legislative Council
TIME: 05:27:29 PM
MOVED:Coram
MOTION:Moved Draft Resolution 1 concerning interstate weight limits for forest product transporters, as amended. The motion passed on a vote of 9-1.
SECONDED:
VOTE
Brophy
Yes
Coram
Yes
Hodge
Yes
Jones
Yes
Mitsch Bush
Yes
Roberts
Yes
Sonnenberg
Yes
Vigil
No
Fischer
Yes
Schwartz
Yes
YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Recommendations to Legislative Council
TIME: 05:28:02 PM
MOVED:Hodge
MOTION:Moved Amendment # 1 to Draft Resolution 1. The motion passed without objection.
SECONDED:
VOTE
Brophy
Coram
Hodge
Jones
Mitsch Bush
Roberts
Sonnenberg
Vigil
Fischer
Schwartz
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:29 PM

Representative Coram requested to be the House prime sponsor and that the resolution be introduced in the House. Senator Schwartz announced that she would be the Senator prime sponsor. Representatives Sonnenberg and Mitsch Bush and Senators Brophy and Roberts requested to be co-sponsors.




05:31 PM

The committee adjourned.