Water Resources Review Committee (09/30/2014)

Final
STAFF SUMMARY OF MEETING

WATER RESOURCES REVIEW COMMITTEE

Date:	09/30/2014	ATTENDANCE

Time:	09:01 AM to 05:52 PM	Brophy	X
		Coram	X
Place:	HCR 0112	Hodge	X
		Jones	*
This Meeting was called to order by		Mitsch Bush	X
	Representative Fischer	Roberts	X
		Sonnenberg	X
This Report was prepared by		Vigil	X
	David Beaujon	Schwartz	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Call to order and announcements. Update on the Colorado Water Plan Process for Submitting Committee Comments on the Colorado Water Plan Outreach Strategies and Recommendations for the Colorado Water Plan Flood Risks in the South Platte Greenway Water Rights Change Case Issues Public Testimony Final Action on Draft Bills Discussion on the SB 14-115 Report		- Briefing only Brieifng only - Briefng only - - Six bills recommended to Legislative Council Discussion only

09:02 AM -- Call to order and announcements.

Representative Fischer called the meeting to order and reminded the committee that the October 1 meeting will be held at Metropolitan State University.

09:04 AM -- Update on the Colorado Water Plan

James Eklund, Director, Colorado Water Conservation Board (CWCB), distributed the proposed framework for the draft Colorado Water Plan (CWP) (Attachment A) and an overview of the plan (Attachment B). He also discussed SB 14-115 and thanked the committee for holding the public hearings on the CWP. He also discussed public outreach measures implemented by the CWCB to gain feedback on the CWP. He explained how the CWP will foster collaborative solutions to address the looming gap between supply and demand and identify and test cost-effective alternatives to the permanent “buy & dry” of irrigated lands. It will also affirm that Colorado will protect its compact entitlements, act affirmatively to avoid compact curtailments where possible, and demonstrate effective, state-based policy to prevent federal erosion of state water authority. He also explained how the plan will help push federal regulatory processes to move quicker by front-loading state activity and align state policies and dollars to support Colorado’s water policy objectives.

Attachment A.pdf

Attachment B.pdf

09:14 AM

Mr. Eklund explained that the CWP is needed because the state must address the gap between current water supply and future water demand, and to avoid the permanent “buy & dry” of irrigated lands to meet the future demand. He also explained how the CWP will help improve the environment and recreational opportunities, improve inefficient and ineffective regulatory processes, and address fiscal challenges of water infrastructure systems. He also identified the issues addressed in each of the 11 chapters in the draft CWP. The chapters of the draft CWP are available at coloradowaterplan.com

09:38 AM

Mr. Eklund explained that Interbasin Compact Committee (IBCC), with the assistance of basin roundtables, identified "No and Low Regret Actions" that have broad consensus to address Colorado's water supply needs. The plan includes measures to minimize statewide agricultural acres transferred and implement agricultural sharing projects; plan and preserve future options for developing unallocated waters; establish medium conservation strategies; implement projects and methods that support the environment and recreation; strive for high success rates for projects and methods that are already planned; assess and implement storage projects and other infrastructure; and implement water reuse strategies

09:42 AM

Jacob Bornstein, CWCB Program Manager, explained the assumptions used to develop the medium conservation level in the No and Low Regret Actions Plan. He also discussed identified processes and projects (IPPs) to meet future water demands and potential reasons why some of the IPPs may not be completed. For example, some IPPs are seeking to develop the same water resources and others may be too expensive to build compared to other alternatives.

09:55 AM

Mr. Eklund identified the issues that will be addressed in the section of the draft CWP concerning conservation and reuse and discussed potential measures to help meet these goals. He also responded to questions about the population growth assumption used by the Statewide Water Supply Initiative (SWSI) to identify future water needs and other assumptions used to develop the CWP.

10:09 AM

Mr. Eklund explained how watershed protection and natural disasters will be addressed in the draft CWP, and how the plan will seek to integrate water quality and quantity management. He also discussed interbasin policy development and the IBCC conceptual agreements concerning future transbasin diversions. According to this agreement, new transmountain diversions (TMD), would not be a “firm” supply and would only divert during surplus or wet periods when the additional diversions would not increase the risk to existing uses. Also, existing uses and some increment of new uses would be covered by an “insurance” plan to avoid a future involuntary curtailment.

10:20 AM

Mr. Eklund responded to questions from the committee about the timeline for completing the draft CWP and upcoming milestones prior to the release of the draft CWP.

10:31 AM -- Process for Submitting Committee Comments on the Colorado Water Plan Pursua

Jacob Bronstein, Colorado Water Conservation Board, explained that pursuant to Senate Bill 14-115, the Water Resources Review Committee (WRRC) is required to collect feedback from the public and provide a summary of the public's feedback as well as its own feedback on the draft Colorado Water Plan to the CWCB by
November 1, 2014. However, he explained that the deadline for the public to submit comments on the draft CWP to the CWCB is October 10, 2014. He responded to questions from the committee about the deadline for the WRRC to submit its comments to the CWCB and the format of the committee's report.

10:41 AM

Heather Bergman, President, Peak Facilitation Group, identified potential processes for the committee to use when it decides on the comments that it wants to provide to the CWCB on the draft CWP. She also responded to questions from the committee about these processes and whether the committee should include minority reports for recommendations that do not have the full support of the committee.

10:57 AM

Committee discussion followed about the requirements of SB 14-115 and the comments that the committee wants to provide to the CWCB.

11:12 AM -- Water Education and Outreach Strategies and Recommendations for the Colorado Water Plan

Jacob Bornstein, CWCB explained that they are responding to all the public comments they receive. He noted the importance of education and outreach about the CWP in order to achieve the plans goals and implementation strategies. He noted that 101 agencies have been involved and that there have been over 800 basin roundtable meetings since 2005. The Colorado basin has had the largest number of meetings while the Metro/South Platte has had the highest attendance. They are using Twitter and Facebook as well as a dedicated website for public education and outreach about the CWP.

11:21 AM

Kristen Maharg from the Colorado Foundation for Water Education (CFWE) highlighted the activities of the Public Education, Participation and Outreach (PEPO) work group. They plan on developing workshops on the CWP for community leaders and water educators. She noted that each basin roundtable can receive $2,000 for education and outreach activities. Senator Schwartz made suggestions about how to show the public the effect of not having a plan and to explain the fundamental assumptions used in the plan. Representative Fischer acknowledged the CFWE's assistance in public outreach for the SB14-115 meetings. He asked about how to get the general public to participate in the CWP. Ms. Maharg explained that it is difficult to get people who aren't directly involved to participate. Senator Jones suggested that more members of the general public will participate in the future because there will be things in the CWP they don't like. Representative Corum suggested that meetings be held in the evening to increase participation.

Senator Roberts noted that the CWP is not law but will lay out a blueprint for the future and that the CFWE role is important. She asked if they have the resources and how big a role they are expected to play to keep the plan from sitting on the shelf. Nicole Seltzer, CFWE, responded that the resources available are not adequate. She expects that they will analyze the CWP to help the legislature and the CWCB to make the plan understandable. They will look at the recommendations and what will need to happen for those to occur. This will be in the January Headwaters issue.

11:50 AM

Ms. Seltzer supports the assessment recommendation in the CWP. She noted that they need new metrics to measure the success of their education and outreach efforts and that they received a $50,000 grant that they will use to develop metrics. They want people to understand the value of water education and she would like new committee members to be directed to them. Representative Mitch Bush thanked the panel for their contributions but noted that local governments, school districts, business groups (chambers and agriculture) and non-profit water advocacy groups need more water education.

12:01 PM

The committee recessed.

01:31 PM -- Flood Risks in the South Platte Greenway and Potential Mitigation Measure

The committee returned from recess. Jeff Shoemaker, Executive Director, The Greenway Foundation, distributed the foundation's 2013 annual report that is available at www.greenwayfoundation.org and a report from the Denver Mayor's Office that discusses the urban development opportunities in the South Platte River corridor. (Attachment C). He also introduced staff from the City and County of Denver and identified the issues that they would address concerning improvements to the South Platte Greenway.

Attachment C.pdf

01:34 PM

David Bennetts, Manager, Design, Construction and Maintenance, Urban Drainage and Flood Control District, identified recreation facilities in the the South Platte Greenway and discussed sedimentation of the river and how it affects the risk of flooding. He also discussed a plan to mitigate the flood risk and improve recreational resources in the Greenway. He responded to questions from the committee about the role of U.S. Army Corps of Engineers in the flood control project.

01:42 PM

Gordon Robertson, Director, Park Planning, Design, and Construction, Denver Parks and Recreation Department, identified proposed recreational improvements along the South Platte River in the South Platte Greenway.

01:48 PM

Bruce Uhernik, Wastewater Capital Projects Management and Planning, Denver Public Works Department, discussed the feasibility study for the revitalization of the South Platte to mitigate flood risk and restore habitat.

01:50 PM

Jon Novick, Environmental Public Health Analyst, Water Quality, Denver Environmental Health Department, identified features of the proposed revitalization project that will help improve water quality in the river.

01:53 PM

Mr. Shoemaker responded to questions from the committee about efforts to improve aquatic habitat and increase fishing opportunities in the South Platte Greenway.

01:55 PM -- Water Rights Change Case Issues

Cynthia Covell, City of Fountain, discussed the process and requirements for changing water rights for municipal use and the challenge of quantify the historic use of those rights. She explained that she is working with other municipalities and water users to develop legislation to address the problems related to change cases. The legislation would define the representative period for determining historic use to provide greater certainty in water rights litigation.

02:00 PM

Rick Rick Fendel, Pikes Peak Regional Water Authority, Gilpin County, discussed the proposed legislation concerning the quantification of water rights for water right change cases.

02:06 PM

Ms. Covell discussed problems related to quantification of historic water rights for water rights in a ditch system.

02:07 PM

Mr. Fendel discussed problems associated with return flows from an irrigation ditch and the duty to continue those flows after efficiency improvements were made. Ms. Covel identified ditch companies and other water users participating in the development of the draft legislation concerning water rights change cases. Mr. Fendel responded to questions from the committee about the proposed legislation concerning requirements to change water rights and the quantification of historical use.

02:19 PM

Kevin Rein, Deputy State Engineer, discussed recent water rights litigation related to change of water rights and the requirements for making such changes under current statute and case law.

02:25 PM

Ms.Covell and Mr. Fendel responded to questions from the committee about the proposed legislation and changes in the methods for quantifying historic water use.

02:27 PM -- Public Testimony

Donna Brosemer, Government and Public Relations, Water and Sewer Department, City of Greeley, expressed concern about provisions of Draft Bill 2 concerning water conservation in land use planning.

02:30 PM

Robert Longenbaugh, representing himself, distributed written comments on the South Platte Basin Implementation Plan (BIP) (Attachment D). He discussed the need to encourage maximum use of surface and groundwater in the BIP and the use of aquifers to store surplus water. He also discussed the importance of ground water to Colorado's agricultural economy. He explained that the South Platte River is a dynamic system and discussed the possible problem of over augmentation and its effect on ground water levels. He spoke in opposition to Draft Bill 3 that would provide incentives to promote precipitation harvesting pilot projects and discussed limits in current law concerning the use of water obtained from vegetation management, such a phreatophyte removal. He explained that the Colorado Supreme Court in Southeastern Colo. Water Conservancy Dist. V. Shelton Farms (1974) ruled that water salvaged by the removal of phreatophytes belongs to the river system and is subject to administration in order of priority. Water salvaged by reducing evaporation or cutting vegetation does not belong to the person responsible for the salvage and cannot result in a new water right, free of the river's call. He spoke in opposition to Draft Bill 6 concerning the HB 12-1278 study recommendations and explained that more urgent action is needed to address rising ground water levels in the basin. He spoke in support of the Draft Bill 8 concerning the invasive phreatophyte management grant program and Draft Bill 9 concerning appellate review of Ground Water Commission (GWC) decisions.

Attachment D.pdf

02:50 PM

Kevin Rein, Deputy State Engineer, discussed Southeastern Colo. Water Conservancy Dist. V. Shelton Farms and identified exceptions in current water law that authorize the precipitation collection pilot project and other measures. He also responded to questions from the committee about the regulation of stormwater runoff and how long it may be held before it must be allowed to enter a stream.

03:00 PM

Mr. Longenbaugh responded to questions from the committee about his concerns with Draft 6 concerning the implementation of the HB 12-1278 recommendations to address rising groundwater levels in the South Platte Basin.

03:07 PM

Carolyn Burr, Chair of the Colorado Ground Water Commission, spoke in support of Draft Bill 9 concerning appellate review of GWC decisions. She also discussed the role of the GWC in the administration of groundwater in designated basins She also described the GWC's review of hearing officer decisions and appeals of GWC decisions to the district court.

03:14 PM

Lisa Thompson, Upper Black Squirrel Creek Ground Water Management District, spoke in support of Draft Bill 9 concerning appellate review of Ground Water Commission decisions and discussed recent district court litigation concerning a GWC decision and its affect on her district.

03:23 PM

Chris Piper, Denver Water, spoke in support of Draft Bill 2 concerning water conservation in land use planning and Draft Bill 3 concerning incentives to promote precipitation harvesting pilot projects. He also discussed a redevelopment project for Denver Water's campus and proposed an amendment to Draft Bill 3 to add such projects to the list of projects that are eligible to participate in the precipitation harvesting pilot project.

03:26 PM

The committee recessed.

03:31 PM -- Final Action on Draft Bill Recommendations to Legislative Council

The committee returned from recess. Representative Fischer explained that the committee will consider seven draft bills that were requested at the September 5, 2014 meeting. 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 (at least 7 members) vote to report a greater number. Also, 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. He also announced that the committee will operate under House rules. Each motion to recommend a bill to Legislative Council requires a second in order to be considered by the committee.


BILL:	Final Action on Draft Bills
TIME:	03:32:44 PM
MOVED:	Schwartz
MOTION:	Moved to authorize the committee to exceed the three-bill limit. The motion passed on a vote of 9-0. Pursuant to Section 37-98-103, C.R.S., this motion requires that at least seven members vote to exceed the limit.
SECONDED:	Mitsch Bush
		VOTE
	Brophy	Yes
	Coram	Excused
	Hodge	Yes
	Jones	Yes
	Mitsch Bush	Yes
	Roberts	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:31 PM -- Draft Bill 2


BILL:	Final Action on Draft Bills
TIME:	03:35:45 PM
MOVED:	Roberts
MOTION:	Move Amendment #1 to Draft Bill 2 concerning water conservation in land use planning (Attachment E). The motion passed without objection. Attachment E.pdf
SECONDED:	Vigil
		VOTE
	Brophy
	Coram
	Hodge
	Jones
	Mitsch Bush
	Roberts
	Sonnenberg
	Vigil
	Schwartz
	Fischer

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


BILL:	Final Action on Draft Bills
TIME:	03:42:49 PM
MOVED:	Roberts
MOTION:	Moved to recommend Draft Bill 2 (LLS NO 15.0110.01) concerning water conservation in land use planning to Legislative Council, as amended. The motion passed on a vote of 8-2.
SECONDED:	Hodge
		VOTE
	Brophy	No
	Coram	Yes
	Hodge	Yes
	Jones	Yes
	Mitsch Bush	Yes
	Roberts	Yes
	Sonnenberg	No
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 8 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:51 PM

Representative Fischer announced that Draft Bill 2 will originate in the Senate with Senator Roberts as its Senate prime sponsor and Representative Vigil as its House Sponsor. Senators Hodge and Jones and Representatives Coram and Mitsch Bush asked to be added as co-sponsors.

03:54 PM -- Draft Bill 3

Thomas Morris, Office of Legislative Legal Services (OLLS) discussed the provisions of Draft Bill 3 concerning incentives for precipitation harvesting pilot projects and Amendment 1 to the draft bill (Attachment F). He also responded to questions from the committee about the bill.

Attachment F.pdf


BILL:	Final Action on Draft Bills
TIME:	04:01:45 PM
MOVED:	Schwartz
MOTION:	Moved Amendment #1 to Draft Bill 3, as amended. The motion passed on a vote of 8-2.
SECONDED:	Jones
		VOTE
	Brophy	No
	Coram	Yes
	Hodge	Yes
	Jones	Yes
	Mitsch Bush	Yes
	Roberts	Yes
	Sonnenberg	No
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 8 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	Final Action on Draft Bills
TIME:	04:03:01 PM
MOVED:	Schwartz
MOTION:	Moved to amend Amendment # 1 to Draft Bill 3, line 5, strike "COMMERCIAL" and substitute "NONRESIDENTIAL" The motion passed without objection.
SECONDED:	Jones
		VOTE
	Brophy
	Coram
	Hodge
	Jones
	Mitsch Bush
	Roberts
	Sonnenberg
	Vigil
	Schwartz
	Fischer

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


BILL:	Final Action on Draft Bills
TIME:	04:12:33 PM
MOVED:	Schwartz
MOTION:	Moved to recommend Draft Bill 3 (LLS NO 15.0111.01), concerning incentives for precipitation harvesting, as amended, to Legislative Council. The motion passed on a vote of 10-0.
SECONDED:	Vigil
		VOTE
	Brophy	Yes
	Coram	Yes
	Hodge	Yes
	Jones	Yes
	Mitsch Bush	Yes
	Roberts	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:13 PM

Representative Fischer announced that Draft Bill 3 will originate in the House with Representative Coram as its prime House Sponsor. Senators Hodge, Jones, and Roberts and Representatives Coram, Mitsch Bush, Sonnenberg, and Vigil asked to be added as co-sponsors.

04:15 PM -- Draft Bill 4


BILL:	Final Action on Draft Bill
TIME:	04:15:12 PM
MOVED:	Hodge
MOTION:	Moved to recommend Draft Bill 4 (LLS NO 15.0112.01), concerning augmentation requirements for Dawson Aquifer wells, to Legislative Council. The motion passed on a vote of 9-1.
SECONDED:	Schwartz
		VOTE
	Brophy	Yes
	Coram	No
	Hodge	Yes
	Jones	Yes
	Mitsch Bush	Yes
	Roberts	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:16 PM

Representative Fischer announced that Draft Bill 4 will originate in the Senate with Senator Hodge as its Senate prime sponsor. Senators Jones and Roberts and Representative Mitsch Bush asked to be added as co-sponsors.

04:19 PM -- Draft Bill 5

Senator Schwartz announced that she is withdrawing her support for Draft Bill 5 concerning voluntary clean-up plans to allow additional feed back from affected persons and entities. The committee did not act on Draft Bill 5.

04:21 PM -- Draft Bill 6

Senator Brophy discussed the provisions of Draft Bill 6 concerning the implementation of House Bill 12-1278 recommendations concerning the study of the South Platte Alluvial Aquifer. The report recommended that the State Engineer be delegated responsibility to consult with the water court regarding new recharge structures before construction and to recommend changes in design or operation when a recharge plan is deemed likely to cause harm. It also recommended that two pilot projects be authorized and funded by the General Assembly to allow the State Engineer to track and administer high groundwater zones for a specified period of time to lower the water table at Sterling and Gilcrest/LaSalle while testing alternative management approaches.


BILL:	Final Action on Draft Bill
TIME:	04:23:56 PM
MOVED:	Sonnenberg
MOTION:	Moved to amend the bill title for Draft Bill 6, Page 1, line 101, strike "RECOMMENDATION" and substitute "RECOMMENDATION NUMBER ONE". The motion passed without objection.
SECONDED:	Brophy
		VOTE
	Brophy
	Coram
	Hodge
	Jones
	Mitsch Bush
	Roberts
	Sonnenberg
	Vigil
	Schwartz
	Fischer

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


BILL:	Final Action on Draft Bill
TIME:	04:30:32 PM
MOVED:	Sonnenberg
MOTION:	Amend Draft Bill 6, Page 2, line 18, strike "SUCH AS INCREASED WELL PUMPING", line 19, strike "DECREASED RECHARGE" This motion was withdrawn.
SECONDED:
		VOTE
	Brophy
	Coram
	Hodge
	Jones
	Mitsch Bush
	Roberts
	Sonnenberg
	Vigil
	Schwartz
	Fischer

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Final Action on Draft Bill
TIME:	04:42:41 PM
MOVED:	Hodge
MOTION:	Amend Draft Bill 6, Page 2, line 17 after "MUST" add "BE DESIGNED TO LOWER THE WATER TABLE" This motion was withdrawn.
SECONDED:	Sonnenberg
		VOTE
	Brophy
	Coram
	Hodge
	Jones
	Mitsch Bush
	Roberts
	Sonnenberg
	Vigil
	Schwartz
	Fischer

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Final Action on Draft Bill
TIME:	04:45:42 PM
MOVED:	Sonnenberg
MOTION:	Amend Draft Bill 6, Page 2, strike lines 17 through 19 and substitute "AND MUST BE DESIGNED TO DEMONSTRATE A PROPOSED METHOD FOR EFFECTIVELY LOWERING THE WATER TABLE. THE BOARD, IN CONSULTATION WITH THE STATE'. The motion passed without objection.
SECONDED:	Brophy
		VOTE
	Brophy
	Coram
	Hodge
	Jones
	Mitsch Bush
	Roberts
	Sonnenberg
	Vigil
	Schwartz
	Fischer

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Final Action on Draft Bill
TIME:	04:46:51 PM
MOVED:	Brophy
MOTION:	Moved to recommend Draft Bill 6 (LLS No 15-0114.01) concerning the HB 12-1278 recommendations, as amended, to Legislative Council. The motion passed on a vote of 10-0.
SECONDED:	Sonnenberg
		VOTE
	Brophy	Yes
	Coram	Yes
	Hodge	Yes
	Jones	Yes
	Mitsch Bush	Yes
	Roberts	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:47 PM

Representative Fischer announced that Draft Bill 6 will originate in the House with Representative Coram as its prime House Sponsor. Senator Hodge and Representatives Mitsch Bush, Sonnenberg, and Vigil asked to be added as co-sponsors.

04:51 PM -- Draft Bill 7

Senator Jones explained why he withdrew his support for Draft Bill 7 and discussed his intent to pursue similar legislation at a later date. The committee did not act on Draft Bill 7.

04:52 PM -- Draft Bill 8

Representative Coram discussed Draft Bill 8 concerning the invasive phreatophyte management grant program.


BILL:	Final Action on Draft Bill
TIME:	04:53:55 PM
MOVED:	Coram
MOTION:	Moved to recommend Draft Bill 8 (LLS No 15-0116.01), concerning invasive phreatophyte management grant program, as amended, to Legislative Council. The motion passed on a vote of 9-1.
SECONDED:	Sonnenberg
		VOTE
	Brophy	Yes
	Coram	Yes
	Hodge	Yes
	Jones	No
	Mitsch Bush	Yes
	Roberts	Yes
	Sonnenberg	Yes
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	Final Action on Draft Bill
TIME:	04:54:17 PM
MOVED:	Coram
MOTION:	Moved Amendment #1 to Draft Bill 8 (Attachment G). The motion passed without objection. Attachment G.pdf
SECONDED:	Sonnenberg
		VOTE
	Brophy
	Coram
	Hodge
	Jones
	Mitsch Bush
	Roberts
	Sonnenberg
	Vigil
	Schwartz
	Fischer

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

05:13 PM

Representative Fischer announced that Draft Bill 8 will originate in the House with Representative Coram and Vigil as its prime House Sponsors. Senators Hodge and Roberts requested to be added as co-sponsors.

05:15 PM Draft Bill 9 Concerning Appellate Review of Ground Water Commission Decisions

Jennifer Berman, OLLS, responded to questions from the committee about the rules of evidence pertaining to de novo reviews and the the provisions of Draft Bill 9. When a court hears a case de novo, it is deciding the issues without reference to the legal conclusions or assumptions made by the previous court to hear the case.


BILL:	Final Action on Draft Bills
TIME:	05:19:53 PM
MOVED:	Fischer
MOTION:	Moved to recommend Draft Bill 9 (LLS No 15-0117.01), concerning appellate review of Ground Water Commission decisions. The motion passed on a vote of 9-1.
SECONDED:	Vigil
		VOTE
	Brophy	Yes
	Coram	Yes
	Hodge	Yes
	Jones	Yes
	Mitsch Bush	Yes
	Roberts	No
	Sonnenberg	Yes
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:20 PM

Representative Fischer announced that Draft Bill 9 will originate in the Senate with Senator Jones as its Senate prime sponsor. Representative Mitsch Bush, Sonnenberg, and Vigil asked to be added as co-sponsors.

05:22 PM -- Draft Bill 10

Representative Fischer explained that he requested that Draft Bill 10 concerning flexible water markets be drafted and that a similar bill was recommended by the Water Resources Review Committee in 2013.

05:23 PM

Jennifer Berman responded to questions about provisions of the draft bill on Page 3, lines 21 through 24, that limits flex consumptive use to facilitate the diversion of water between water diversions.


BILL:	Final Action on Draft Bills
TIME:	05:24:45 PM
MOVED:	Schwartz
MOTION:	Draft Bill 10 (LLS No 15-0118.01) concerning flexible water markets, as amended The motion failed on a 5-5 vote.
SECONDED:	Fischer
		VOTE
	Brophy	No
	Coram	No
	Hodge	No
	Jones	Yes
	Mitsch Bush	Yes
	Roberts	No
	Sonnenberg	No
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 5 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	Final Action on Draft Bills
TIME:	05:24:57 PM
MOVED:	Schwartz
MOTION:	Moved to amend Draft Bill 10, Page 3, line 22, after FACILITATE, insert "THE TRANSMOUNTAIN DIVERSION OF WATER OR" The motion passed on a vote of 6-4.
SECONDED:	Fischer
		VOTE
	Brophy	No
	Coram	Yes
	Hodge	No
	Jones	No
	Mitsch Bush	Yes
	Roberts	Yes
	Sonnenberg	No
	Vigil	Yes
	Schwartz	Yes
	Fischer	Yes

YES: 6 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:33 PM -- Discussion on the SB 14-115 Report

Representative Fischer explained that pursuant to Senate Bill 14-115, the Water Resources Review Committee is required to collect feedback from the public and provide a summary of the public's feedback as well as its own feedback on the draft Colorado Water Plan (CWP) to the CWCB by November 1, 2014. Based on prior discussions with committee members, Representative Fischer explained that he would not ask the committee to meet after October 1 to discuss the SB 14-115 report. He explained that staff has received several anonymous comments on the draft CWP and asked if the committee wanted to include anonymous comments to the CWCB. Several members objected to providing anonymous comments to the CWCB. He also explained that staff raised questions about the quality of small group discussion reports that were provided at each SB 14-115 hearing. Specifically, some reports appeared to represent consensus of the table while other reports were a list of issued discussed and did not appear to represent the consensus of the table. Representative Fischer asked the committee if it wanted to include a summary of the small group discussion reports in its report to the CWCB. Several members discussed the value of the small group discussion reports and requested that a summary of these reports be provided to the CWCB. Staff was instructed to include a summary of the small group discussion reports in the committee's preliminary report to the CWCB.

05:40 PM

Representative Fischer also asked the committee if its wants to provide comments on the draft CWP. Several members expressed concern about providing comments to the CWCB prior to seeing the full draft CWP. Instead, Representative Fischer invited members to submit comments and observations on the CWP to him and that he would then include these comments in his letter to the CWCB concerning the preliminary SB 14-115 report.

05:45 PM

Thomas Morris, Office of Legislative Legal Services, responded to questions from the committee about the Open Meeting Law and whether members could discuss the CWP outside of a public meeting.