Date: 05/01/2014

Final
BILL SUMMARY for SB14-023

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer Senate Bill 14-023 to the Committee of the WPASS



05:56 PM -- SB14-023

The committee returned to order. Representative Becker deferred certain questions about the bill to upcoming witnesses, and responded to questions regarding why an owner of water rights does not sell excess water on the open market. Representative Becker responded to further questions regarding how the owner of water rights may dispose of water retained through efficiency savings, and the ability to retain water rights while donating water under the bill. Discussion ensued regarding what constitutes water efficiency savings. Representative Becker differentiated between consumptive and nonconsumptive water usage.


06:11 PM

Representative Becker responded to questions regarding the exclusion of certain practices from the definition of consumptive use, and the exclusion of phreatophyte eradication from the definition of water efficiency savings. Representative Becker responded to questions regarding the intent of the legislation. Discussion ensued regarding the potential for amending the bill to include the eradication of phreatophytes within its scope.


06:22 PM

Discussion ensued regarding the effect of Section 37-92-305 (3.3)(c), C.R.S., as stated in the bill. Discussion returned to what constitutes water efficiency savings under the bill.


06:26 PM

The committee recessed.


06:29 PM

The committee returned to order. Discussion continued regarding the effect of section 2 of the bill, and the creation of a new water right for water efficiency savings under the bill. Representative Becker responded to questions regarding requirements associated with a change of water right.


06:35 PM

The committee recessed.


06:35 PM

The committee returned to order. The following persons testified regarding Senate Bill 14-023:

06:36 PM -- Mr. Kevin Rein, representing the Division of Water Resources within the Department of Natural Resources, testified in support of the bill. Mr. Rein explained that the bill presents another tool for protecting instream water flows, and that his office is suitable for administering the provisions of the bill. Mr. Rein discussed certain concerns that were raised about the bill, and explained how these concerns were addressed. Mr. Aaron Citron, representing the Environmental Defense Fund, also testified in support of the bill. Mr. Citron discussed work undertaken by stakeholders in creating the legislation, and noted some organizations that support the bill. Mr. Citron discussed costs associated with creating more efficient water conveyance systems, and explained how the bill allows users to retain their water rights in certain situations under the bill. Discussion ensued regarding the recovery of water rights conveyed to the Colorado Water Conservation Board under the bill, and the effect of Section 37-92-305 (3.3)(c), as contained in the bill.


06:46 PM

Mr. Citron responded to questions regarding the benefits of an instream flow program, and the intent of Senate Bill 14-023. Mr. Rein responded to questions regarding the concept of "buy and dry," and actions undertaken by the legislature to allow diversion of agricultural water to municipalities on a temporary basis. Mr. Rein responded to further questions regarding the potential loss of water rights by agricultural users, which the bill seeks to rectify, and the most salient point of the bill.


06:56 PM

Mr. Rein responded to questions regarding the reasons for not allowing agricultural users to convey water saved through water efficiency savings to parties other than the Colorado Water Conservation Board under the bill. Mr. Citron provided input on this issue. Mr. Rein responded to questions regarding the ability of agricultural users to transfer or sell water efficiency savings under current law. Mr. Citron responded to questions regarding the economic and other incentives for water rights holders to transfer water to the Colorado Water Conservation Board under Senate Bill 14-023. Discussion ensued on this point.


07:09 PM

Discussion continued regarding the incentives for agricultural water users to transfer water under the bill. Discussion followed regarding the role of the Colorado Water Conservation Board. Mr. Rein responded to further questions regarding how the board funds the bill's initiatives. Mr. Rein and Representative Becker responded to questions regarding the impact of the bill on downstream water users, including out-of-state water users.


07:21 PM

Discussion continued regarding the effect of the bill on downstream water users. Mr. Citron responded to questions regarding instream flow programs in effect in other states. Discussion ensued about these state programs. Discussion returned to the benefits that accrue to agricultural water users who participate in the program created by the bill.

07:27 PM -- Mr. Nicholas Colglazier, representing the Colorado Farm Bureau, testified in opposition to Senate Bill 14-023. Mr. Colglazier explained that the bill constitutes a major change to Colorado water law, and changes made to water rights by the bill may injure certain holders. Mr. Chris Treese, representing the Colorado River Water Conservation District, testified in opposition to the bill. Mr. Treese provided background on instream water use, and explain how the bill changes the terms of this use. Mr. Treese expressed further concerns about the bill, and noted some municipalities in opposition to the bill. Mr. Treece responded to questions regarding the effect of the bill on downstream water rights, and the water levels that will be maintained at the lowest instream flow point under the bill.


07:39 PM

Discussion ensued regarding the effect of consumption and water efficiency savings on downstream flow levels under Senate Bill 14-023. Mr. Colglazier further clarified his organization's concerns about the bill in terms of water rights for intervening diverters. Discussion ensued regarding the definition of intervening water users. Mr. Colglazier responded to questions regarding differing opinions about the bill among the agricultural community. Representative Becker noted some amendment language provided for the bill by the Colorado Farm Bureau, and discussed the bureau's objections to the bill.


07:49 PM

Representative Becker continued to address the objections raised about the bill by the opponents. Representative Becker responded to questions regarding the custody of water rights transferred to the Colorado Water Conservation Board under the bill, and the effect of making water efficiency improvements by agricultural users under current law on the ability of the users to retain the saved water for agricultural purposes. Mr. Treese explained how an agricultural operator may expand its water use under current law. Discussion followed regarding the position of the Colorado Water Conservation Board on the bill. Mr. Treese provided background on his organization, and noted its position on the creation of instream flows.


08:00 PM

Mr. Treese responded to questions regarding the upper and lower terminus points of the water efficiency instream flows, and the typical instream flow length. Discussion returned to the effect of the bill on instream flow intervening diverters. Mr. Treece responded to questions regarding the position of the Colorado Water Congress on Senate Bill 14-023, and the voluntary nature of the bill. Discussion ensued regarding the potential for amending the bill to make it suitable to the opponents. Discussion returned to the position of the Colorado Water Conservation Board on the bill, and the relationship between the Department of Natural Resources and the board.


08:13 PM

Discussion returned to the nature of the opposition to the bill by the Colorado River Water Conservation District, and the potential for amending the bill to make it suitable to this opponent. Discussion ensued regarding certain rural entities that support the bill. Discussion returned to the potential for the bill to injure water rights holders adjacent to those donating water under the bill, and the relationship of the bill's program with the Governor's statewide water plan. Representative Gardner expressed certain concerns with the bill.


08:26 PM

The committee recessed.


08:26 PM

The committee returned to order. No amendments were offered to Senate Bill 14-023. Representative Becker provided closing remarks in support of the bill. Various committee members expressed their positions on the bill.
BILL:SB14-023
TIME: 08:27:41 PM
MOVED:Kagan
MOTION:Refer Senate Bill 14-023 to the Committee of the Whole. The motion passed on a vote of 7-3.
SECONDED:Lee
VOTE
Buckner
Yes
Court
Yes
Gardner
No
Lawrence
No
McLachlan
Yes
Murray
No
Pettersen
Yes
Salazar
Yes
Waller
Excused
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS