House Committee on Agriculture, Livestock, & Natural Resources (02/18/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	02/18/2015	ATTENDANCE

Time:	10:06 AM to 01:17 PM	Arndt	X
		Becker J.	X
Place:	HCR 0112	Brown	X
		Buck	X
This Meeting was called to order by		Coram	X
	Representative Vigil	Danielson	X
		Dore	X
This Report was prepared by		Ginal	X
	Meghan O'Connor	Lebsock	X
		Mitsch Bush	X
		Saine	*
		Becker K.	X
		Vigil	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Introduction of Colorado State University Interim Chancellor Dr. Tony Frank HB15-1167 HB15-1178		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

10:08 AM -- Introduction of Colorado State University Interim Chancellor Dr. Tony Frank

Dr. Frank introduced himself to the committee, and summarized his background and his role of chancellor. He then responded to questions from the committee.

10:21 AM -- HB 15-1167

Representative Brown, sponsor, presented House Bill 15-1167, concerning a study regarding the creation of additional water supplies in the South Platte River basin. The bill directs the Colorado Water Conservation Board (CWCB) to study the feasibility of supplementing water supplies in the South Platte River basin through the construction of a new reservoir in the basin and the importation of water into Colorado from the Missouri River basin. Representative Brown responded to questions from the committee regarding the introduced version of the bill as well as Amendment L.001 (Attachment A), which was distributed to the committee. The committee also discussed the bill as it relates to the Colorado State Water Plan (water plan).

150218 AttachA.pdf

The following persons testified on the bill:

10:38 AM -- Lauren Ris, Assistant Director for Water, Department of Natural Resources (DNR), spoke about the bill and explained that DNR has a neural position on the bill. Ms. Ris explained that construction of storage projects is a major component of the water plan, which will be presented in its final form this year.

10:40 AM -- Tim Feehan, Deputy Director, Colorado Water Conservation Board (CWBC), spoke about the bill and explained how the CWCB would conduct the study outlined in the bill. Mr. Feehan explained that the feasibility study would create the most fiscal impact, which could be reduced by allowing CWCB to create a recommendation using existing information from previous studies. Mr. Feehan responded to questions from the committee and explained that a major component of the water plan includes financing for storage projects.

10:51 AM -- Donna Brosemer, City of Greeley, Colorado Water Congress, spoke in support of the bill.
10:53 AM -- Joe Frank, Lower South Platte Water Conservancy District, spoke in support of the bill. He suggested that the bill not be limited to a new reservoir but include provisions for other forms of water storage. Mr. Frank explained that the South Platte Basin Roundtable is working to include storage in its Basin Implementation Plans (BIP). Mr. Frank responded to questions from the committee regarding the bill as it would relate to the State Water Plan and the South Platte Roundtable BIP.

11:04 AM -- Clare Pramuk, Colorado Legislative Council Fiscal Analyst, discussed the fiscal impact of the introduced version of the bill, as well as the amended version of the bill.

11:07 AM -- Randy Rey, Central Colorado Water Conservancy District (CCWCD), spoke in support of the bill and suggested that the committee consider other forms of storage rather than a specific reservoir. Mr. Rey responded to questions from the committee regarding the South Platte River Compact.

11:11 AM -- Andy Jones, CCWCD, spoke in support of the bill and emphasized the importance of collaboration with the South Platte Basin Roundtable.

11:16 AM -- Bart Miller, Western Resource Advocates, spoke about the bill and responded to the questions from the committee.

11:22 AM -- Nick Colglazier, Colorado Farm Bureau, spoke in support of the bill.

11:23 AM

The committee recessed.

11:33 AM

The committee came back to order, at which time Representative Vigil laid the bill over until Monday February 23, 2015, for action only.

11:35 AM -- HB 15-1178

Representative Saine and Representative Humphrey, sponsors, presented House Bill 15-1178, concerning the State Engineer's authority to allow well users to lower the water table in an area that the state engineer determines is experiencing damaging high groundwater levels. As part of the bill, the State Engineer may rescind or decline to issue an order to discontinue an out-of-priority diversion, a diversion without beneficial use, or an order requiring the replacement of water according to an augmentation plan or substitute supply plan.

11:45 AM -- Glen Fritzler, Groundwater Coalition, presented video testimony from citizens of Gilcrest and news clips demonstrating damage to the citizens' homes caused by high groundwater.

11:59 AM

The bill sponsors responded to questions from the committee and discussion ensued regarding specifics of the bill.

The following persons testified on the bill:

12:02 PM -- Joe Frank, manager Lower South Platte Water Conservancy District, spoke in opposition to the bill and responded to questions from the committee. Representative Saine presented an email from Randy Rey, Central Colorado Water Conservancy District (CCWCD), (Attachment B) to Mr. Frank and discussion ensued concerning funding for the bill.

150218 AttachB.pdf

12:10 PM -- Jim Yahn, Prewitt Reservoir Manager, Water Rights Association of the South Platte, spoke in opposition to the bill.

12:14 PM -- Kevin Rein, Deputy Sate Engineer, Division of Water Resources, Groundwater Technical Committee, spoke in support of the bill and raised several concerns regarding the funding for the bill. Mr. Rein responded to questions from the committee regarding funding and the cost of mitigating high groundwater damage.

12:21 PM -- Donna Brosemer, City of Greeley, Colorado Water Congress, spoke in opposition to the bill.

12:24 PM -- Andy Jones, CCWCD, spoke in support of the bill, as it would be amended by Amendment L.001 (Attachment C), which was distributed to the committee. Mr. Jones referenced various solutions to the damaging high groundwater levels in the Town of Gilcrest.

150218 AttachC.pdf

12:30 PM -- Randy Rey, CCWCD, spoke in support of the bill and discussed the email that referenced in earlier testimony and why the bill is necessary. Mr. Rey also discussed how the bill would be funded and technical aspects of dewatering areas with high groundwater levels. Mr. Jones and Mr. Rey distributed a handout to the committee that summarizes the well pumping and recharge in the Town of Gilcrest (Attachment D).

150218 AttachD.pdf

12:38 PM

Mr. Jones and Mr. Rey responded to questions from the committee.

12:40 PM -- Brian Bird, representing himself, spoke in support of the bill.

12:43 PM -- Jeff Nelson, Mayor of the Town of Gilcrest, spoke in support of the bill and distributed a handout containing a letter from MaryAnn Perino and pictures depicting the damage of high groundwater levels in the Town of Gilcrest (Attachment E). Mayor Nelson responded to questions from the committee.

150218 AttachE.pdf

12:48 PM -- Lynetta Kilpatrick, representing herself, spoke in support of the bill.

12:52 PM -- Jay Holmes, representing himself, spoke in support of the bill and responded to questions from the committee.

12:58 PM -- Gene Kammerzill, Groundwater Technical Committee, spoke in support of the bill and responded to questions from the committee. Mr. Kammerzill also distributed a chart depicting the North Sterling Irrigation District Water Supply and Delivery records from the years 1930 through 2005 (Attachment F).

150218 AttachF.pdf

01:08 PM

Representative Vigil ended the testimony portion, and Representative Buck moved L.003 (Attachment G). Representative Buck withdrew her amendment. Representative Vigil stated that the bill will be laid over until Monday, February 23, 2105, at which time the three people who were not able to testify due to time constraints would be able to testify.

150218 AttachG.pdf

01:17 PM

The committee adjourned.