House Committee on Agriculture, Livestock, & Natural Resources (03/04/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	03/04/2013	ATTENDANCE

Time:	01:33 PM to 05:58 PM	Buck	X
		Coram	X
Place:	HCR 0107	Garcia	X
		Lebsock	X
This Meeting was called to order by		McLachlan	X
	Representative Fischer	McNulty	X
		Mitsch Bush	X
This Report was prepared by		Rankin	X
	Brooke Maddaford	Rosenthal	*
		Saine	X
		Sonnenberg	X
		Vigil	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB13-067 SB13-078 SB13-074		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:35 PM -- Senate Bill 13-067

Representative Vigil, sponsor, presented Senate Bill 13-067. This bill prohibits bicycles on federal land unless the route is authorized, increases the fine for installing unauthorized, or defacing, land management signs from $100 to $150, and increases the penalty for not having a spark arrester on an off-road vehicle on federal public lands from $50 to $150. The statutes for off-road vehicles are set to repeal on July 1, 2013. This bill removes the repeal date, thus making the law permanent.

Staff distributed L.003 (Attachment A) and a fact sheet on the bill from the bill sponsors (Attachment B).

130304 AttachA.pdf

130304 AttachB.pdf

01:36 PM -- Jerry Abboud, Colorado Off-Highway Vehicle Coalition, spoke in support of the bill. Mr. Abboud discussed how this bill renews the provisions of House Bill 08-1069 and talked about the three essential items contained in this bill. Mr. Abboud answered questions from the committee regarding how different vehicles would be treated under the provisions of this bill. Committee discussion ensued.

01:43 PM -- Tim Brass, Colorado Backcountry Hunters and Anglers, spoke in support of the bill. Mr. Brass talked about the great improvements that have been made over the last few years regarding illegal off-road vehicle use and said he would like to see fines made consistent with the federal structure in the future .

01:46 PM -- Steve Bonowski, Colorado Chapter of Conserve America and Colorado Mountain Club, spoke in support of this bill. Mr. Bonowski briefly described the groups he represents and spoke about the importance of off-road vehicle management and of resources to protect Colorado's landscape, wildlife habitat, and outdoor recreation economy.

01:47 PM -- Craig Bobzien, United States Forest Service, did not take a position on the bill. Mr. Bobzien discussed the Forest Service's mission and functions and talked about the importance of authorizing peace officers to enforce motorized travel rules on public lands. Mr. Bobzein answered questions from the committee about the Americans with Disabilities Act and how it may be affected by this bill.

01:54 PM -- Tom Morrisey, Department of Natural Resources, did not take a position on the bill. Mr. Morrisey answered questions from the committee regarding how many miles of trails on federal and state lands have off-highway vehicle access, the number of citations and warnings distributed in past years, how this bill would be enforced on trails, how restitution is managed, and bicycle restrictions.

02:02 PM -- Mr. Bobzein returned to the table and answered questions from the committee regarding restitution and fine caps.


BILL:	SB13-067
TIME:	02:03:55 PM
MOVED:	Vigil
MOTION:	Adopt amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:	Lebsock
		VOTE
	Buck
	Coram
	Garcia
	Lebsock
	McLachlan
	McNulty
	Mitsch Bush
	Rankin
	Rosenthal	Excused
	Saine
	Sonnenberg
	Vigil
	Fischer

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


BILL:	SB13-067
TIME:	02:05:04 PM
MOVED:	Vigil
MOTION:	Refer Senate Bill 13-067, as amended, to the Committee of the Whole. The motion passed on a vote of 7-5 with one excused.
SECONDED:	McLachlan
		VOTE
	Buck	Excused
	Coram	No
	Garcia	Yes
	Lebsock	Yes
	McLachlan	Yes
	McNulty	No
	Mitsch Bush	Yes
	Rankin	No
	Rosenthal	Yes
	Saine	No
	Sonnenberg	No
	Vigil	Yes
	Fischer	Yes

Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:06 PM -- Senate Bill 13-078

Representative Sonnenberg, sponsor, presented Senate Bill 13-078. This bill will allow the owners and users of water rights to correct an established, but erroneously described, point of diversion location description in a decree without having to file an application for a change in water right. The bill clarifies the circumstances under which a water right is deemed to be diverted at its decreed location and not erroneously described. Erroneously described points of diversion that are the result of a clerical error may be corrected by petitioning the water clerk up to 3 years after the diverter becomes aware of the mistake. The bill also sets forth a process for correcting erroneously described points of diversion not attributable to a clerical error.

02:09 PM -- Kevin Rein, State Engineer's Office, spoke in support of the bill. Mr. Rein discussed how this bill may help avoid potential problems with water rights, the number of diversion structures throughout Colorado, the difficulties of managing water rights that are not in their decreed locations, and the main functions of this bill. Mr. Rein answered questions from the committee regarding the cost and logistics of the process described in the bill. Committee discussion ensued regarding why this bill was brought forth. Mr. Rein answered questions from the committee regarding erroneously described point of diversion locations and the number of decreed points-of-diversion that are erroneously described.

02:24 PM

Representative Sonnenberg wrapped up his presentation of the bill.

02:25 PM

The committee took a brief recess.

02:27 PM

The committee came back to order.


BILL:	SB13-078
TIME:	02:27:33 PM
MOVED:	Sonnenberg
MOTION:	Refer Senate Bill 13-078 to the Committee of the Whole. The motion passed on a vote of 12-0 with one excused.
SECONDED:	Coram
		VOTE
	Buck	Excused
	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: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: 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.pdf

130304 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.