House Committee on Agriculture, Livestock, & Natural Resources (04/01/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	04/01/2013	ATTENDANCE

Time:	01:30 PM to 03:31 PM	Buck	X
		Coram	X
Place:	HCR 0107	Garcia	X
		Lebsock	X
This Meeting was called to order by		McLachlan	*
	Representative Fischer	McNulty	E
		Mitsch Bush	X
This Report was prepared by		Rankin	X
	Brooke Maddaford	Rosenthal	*
		Saine	*
		Sonnenberg	*
		Vigil	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB13-1283 SB13-019		Referred to Appropriations Amended, Referred to the Committee of the Whole

01:31 PM -- House Bill 13-1283

Representative Fischer, sponsor, presented House Bill 13-1283. The bill reduces from $6.6 million to $4 million the FY 2013-14 transfer of money from the Operational Account of the Severance Tax Trust Fund to the Capital Account of the Species Conservation Trust Fund (SCTF) to fund programs submitted by the executive director of the Department of Natural Resources. These programs are intended to conserve native species that are listed as threatened or endangered under state or federal law, are candidate species, or are likely to become candidate species as determined by the United States Fish and Wildlife Service. The bill also appropriates $4 million from SCTF. Representative Fischer answered questions from the committee regarding severance tax.

The following persons testified on the bill:

01:38 PM -- Jeffrey Ver Steeg, Colorado Parks & Wildlife, spoke in support of the bill. Mr. Ver Steeg discussed various funds outlined in the bill that were proposed by the department. Mr. Ver Steeg answered questions from the committee regarding the involvement of the department in decisions related to candidate species found on federal lands, how the department plans funding that will be utilized over multiple years, the Native Terrestrial Wildlife Species Program, the Native Aquatic Wildlife Species Program, and how projects are prioritized.

01:46 PM -- Linda Bassi, Colorado Water Conservation Board, spoke in support of the bill. Ms. Bassi described the four programs outlined in the bill that involve the Colorado Water Conservation Board including the Selenium Management Program, the White River Management Plan, the Instream Flow Water Acquisition, and the Fountain Creek Fish Passage Project. Ms. Bassi answered questions from the committee regarding the Selenium Management Program, grants for irrigation, and the Instream Flow Water Acquisition program.

01:59 PM -- Bill Levine, Department of Natural Resources, offered to answer questions from the committee. There was a question regarding the removal of selenium from rivers and streams; Mr. Levine said he would get back to the committee with the answer to that question.

02:01 PM

Representative Fischer wrapped up his presentation of the bill.


BILL:	HB13-1283
TIME:	02:01:35 PM
MOVED:	Fischer
MOTION:	Refer House Bill 13-1283 to the Committee on Appropriations. The motion passed on a vote of 12-0 with one excused.
SECONDED:	Lebsock
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	Excused
	Mitsch Bush	Yes
	Rankin	Yes
	Rosenthal	Yes
	Saine	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Fischer	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:02 PM -- Senate Bill 13-019

Representative Fischer, sponsor, presented Senate Bill 13-019. The reengrossed bill restricts a water judge from determining a water user's historical consumptive use in Water Divisions 4, 5, or 6 based on water use reductions resulting from enrollment in a federal land conservation program; participation in certain water conservation programs; participation in an approved land fallowing program or to provide water for compact compliance; or participation in a water banking program. The Water Right Determination and Administration Act of 1969 created seven water divisions based on the geography of river basins in Colorado. This bill applies to the following basins: Water Division 4 (Gunnison River Basin), Water Division 5 (Colorado River Basin), and Water Division 6 (White River Basin). Representative Fischer discussed Amendment L.002 (Attachment A), which was distributed to the committee. Committee discussion ensued regarding L.002 (Attachment A) and the history of water conservation programs that might, in the future, fall under the provisions of this bill.

130401 AttachA.pdf

The following persons testified on the bill:

02:17 PM -- Kevin Rein, State Engineer's Office, did not take a position on the bill. Mr. Rein said the office offered input regarding the language of the bill and discussed similarities between this bill and water laws that are currently in statute. Mr. Rein defined the term "abandonment" as it stands in statute and in this bill. Mr. Rein explained that the potential for disincentivizing water conservation exists within the current paradigm for how a water right holder's water use is analyzed and measured over time. Mr. Rein answered questions from the committee regarding the time period that is described in Amendment L.002 (Attachment A).

02:28 PM

Committee discussion ensued regarding the time period that is described in Amendment L.002 (Attachment A).

02:34 PM -- Thomas Morris, Office of Legislative Legal Services, answered questions from the committee regarding the time period that is described in Amendment L.002 (Attachment A). Representative Fischer answered questions from the committee regarding if Amendment L.002 (Attachment A) provides a water conservation incentive and how the reengrossed version of the bill compares to the introduced version of the bill. Mr. Morris offered further clarification of Amendment L.002 (Attachment A). Representative Fischer answered questions from the committee regarding how federal lands are treated, per the provisions of the bill. Mr. Morris answered questions from the committee regarding if the bill includes lands that are involved in certain federal programs.

02:43 PM

Committee discussion ensued regarding how this bill may affect water rights holders who previously fallowed their land and the retroactive or proactive nature of Amendment L.002 (Attachment A).

02:50 PM -- Doug Kemper, Colorado Water Congress, spoke in support of the bill. Staff distributed a document from the Colorado Water Congress that describes Colorado's current state of drought (Attachment B). Mr. Kemper discussed the membership of the Colorado Water Congress and explained that the group formed a subcommittee to evaluate this bill. Mr. Kemper talked about instream flows, the legislative declaration included in the reengrossed version of the bill, and Colorado's current state of drought. Mr. Kemper explained how drought affects water storage and instream flows, and discussed various conservation efforts and the importance of maintaining instream return flows and protecting historical use calculations. Mr. Kemper described how this bill only applies to certain parts of the state, and talked about the requirement in the bill that programs be approved by water conservation districts and water authorities.

130401 AttachB.pdf

03:01 PM -- Linn Brooks, Eagle River Water and Sanitation District, spoke in support of the bill. Ms. Brooks described the service area of her organization and talked about the challenges that her organization regularly faces. Ms. Brooks addressed the diverters on the Eagle River, the challenges of drought, instream flow rights, the 2012 reductions of water consumption, and the need for water conservation incentives. Ms. Brooks said that this bill supports her local economy as well as the economy of the state of Colorado.

03:07 PM -- Rachel Richards, Northwest Colorado Council of Governments Water Quality/Quantity Committee, spoke in support of the bill. Ms. Richards described her organization and explained that this bill will help mitigate the impacts of drought on the Western Slope. Ms. Richards discussed the importance of maintaining Colorado's agricultural heritage, and said that the bill removes a disincentive to conserve water and works within the framework of Colorado water law. Ms. Richards distributed to the committee a picture of the Crystal River (Attachment C) and talked about the real-life impacts of this bill. Ms. Richards answered questions from the committee regarding the historical water levels of the Crystal River, water storage projects on the Crystal River, and the number of diversions on the Crystal River.

130401 AttachC.pdf

03:18 PM -- Jen Boulton, Colorado Trout Unlimited and Audubon Society of Colorado, spoke in support of the bill. Ms. Boulton talked about how these organizations were involved in the crafting of this bill and the potential positive future impacts of the bill.

03:19 PM -- Chris Treese, Colorado River Water Conservation District, spoke in support of the bill. Mr. Treese said that the district supports both Amendment L.002 (Attachment A) and the bill. Mr. Treese discussed the voluntary nature of the bill, and said that the historical consumptive use provisions of the bill will ensure that there is no injury to other water rights' holders. Mr. Treese explained that Amendment L.002 (Attachment A) is necessary to promote the beneficial use of Colorado water resources. Mr. Treese addressed questions that were previously asked by the committee regarding water conservation programs and the amendment's use of the word "consecutive." Mr. Treese talked about the legislative declaration that appears in the reengrossed version of the bill and answered questions from the committee regarding water storage difficulties on the Crystal River.


BILL:	SB13-019
TIME:	03:26:30 PM
MOVED:	Fischer
MOTION:	Adopt amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:	Lebsock
		VOTE
	Buck
	Coram
	Garcia
	Lebsock
	McLachlan
	McNulty	Excused
	Mitsch Bush
	Rankin
	Rosenthal
	Saine
	Sonnenberg
	Vigil
	Fischer

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB13-019
TIME:	03:28:55 PM
MOVED:	Saine
MOTION:	Adopt amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:	Fischer
		VOTE
	Buck
	Coram
	Garcia
	Lebsock
	McLachlan
	McNulty	Excused
	Mitsch Bush
	Rankin
	Rosenthal
	Saine
	Sonnenberg
	Vigil
	Fischer

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

130401 AttachD.pdf


BILL:	SB13-019
TIME:	03:30:29 PM
MOVED:	Fischer
MOTION:	Refer Senate Bill 13-019, as amended, to the Committee of the Whole. The motion passed on a vote of 12-0 with one excused.
SECONDED:	Saine
		VOTE
	Buck	Yes
	Coram	Yes
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	Excused
	Mitsch Bush	Yes
	Rankin	Yes
	Rosenthal	Yes
	Saine	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Fischer	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:31 PM

The committee adjourned.