House Committee on Agriculture, Livestock, & Natural Resources (03/30/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	03/30/2015	ATTENDANCE

Time:	01:32 PM to 04:25 PM	Arndt	X
		Becker J.	X
Place:	HCR 0107	Brown	X
		Buck	X
This Meeting was called to order by		Coram	X
	Representative Vigil	Danielson	*
		Dore	*
This Report was prepared by		Ginal	X
	Meghan O'Connor	Lebsock	X
		Mitsch Bush	X
		Saine	*
		Becker K.	*
		Vigil	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB15-183 HB15-1310 SB15-198		Witness Testimony and/or Committee Discussion Only Amended, Referred to Appropriations Referred to the Committee of the Whole

01:33 PM -- SB 15-183

Representative J. Becker and Representative Arndt, sponsors, presented Senate Bill 15-183, concerning the quantification of the historical use of a water right. When a water judge decrees a change in water right, the bill requires that the measurement of the historical use of the water be based on the actual historical use of the water right for its designated purpose, over a representative study period. Under the bill, the study period includes wet years, dry years, and average years; excludes undecreed use of the subject water right; and need not include every historical year of the sue of the subject water right. A water judge cannot reconsider or requantify the historical consumptive use of a water right if it has been quantified in a previous change decree. However, to limit future consumptive use to the previously quantified historical consumptive use, the water judge may impose terms and conditions on the future use of the portion of the water right that is subject to the change.

The following persons testified on the bill:

01:36 PM -- Chris Treese, representing Colorado River Water Conservancy District, Trout Unlimited, and Colorado Audoban, testified against the bill and discussed current law concerning changes in water rights. Mr. Treese also responded to questions from the committee regarding anti-speculation and current cases pending before the Supreme Court and Water Court.

01:49 PM -- Robert Harris, Western Resources Advocates and Conservation Colorado, testified against the bill. Mr. Harris stated that the bill could potentially injure users with junior water rights and increase litigation costs. Mr. Harris also discussed years in which the water right is not used and responded to questions from the committee regarding the quantification of a water right.

01:57 PM -- Rachel Richards, Pitkin County and Northwestern Council of Government Water Quality and Quantity Committee (NWCOG/QQ), spoke against the bill. Ms. Richards expressed concern that the bill would overturn established water law and create further diversions of water from the Western Slope to the Eastern Slope.

02:05 PM -- Rick Fendel, Gilpin County, Pikes Peak Regional Water Authority, Colorado Water Congress State Affairs Committee, and water users residing in El Paso and Weld County, spoke in support of the bill and discussed current law concerning changes in water rights, as well as current cases pending before the Supreme Court concerning changes in water rights. Mr. Fendel also explained that the bill regarding undecreed use versus non-use of a water right and discussed the pending Busk-Ivanhoe case, wherein a judge ruled that the city of Aurora had the right to use water from the upper Fryingpan River for municipal purposes, without a penalty for multiple years of unlawful use. Mr. Fendel responded to questions from the committee regarding the bill.

02:44 PM -- Ben Moline, Molson Coors Brewing Company, spoke in support of the bill and discussed change of use water cases involving Molson Coors Brewing.

02:53 PM -- Jim Ford, Water System Coordinator, City of Black Hawk, spoke in support of the bill and provided the committee background on the City of Black Hawk's historical water rights. Mr. Ford responded to questions from the committee regarding the bill.

03:03 PM -- Janet Williams, Leonard Rice Engineers, spoke in support of the bill and responded to questions from the committee regarding the bill.

03:12 PM -- Steve Jeffers, City of Arvada, spoke in support of the bill and explained why, in measuring the historical use of the water in a change in water right case, the study period should exclude undecreed use of the subject water right. Mr. Jeffers discussed standards used in deciding water court cases and responded to questions from the committee regarding discretion of the court, pending change in water right cases, and the authority of the State Engineer.

03:30 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources, explained that DWR has taken a neutral position on the bill. Mr. Rein discussed the district water court ruling of the Busk-Ivanhoe case and provided clarification on some aspects of the bill to the committee. Mr. Rein responded to questions from the committee concerning the bill.

03:39 PM -- Curtis Mitchell, City of Fountain, spoke in support of the bill and discussed recent cases involving change in use involving the City of Fountain and responded to questions from the committee.

03:45 PM -- Andy Jones, Legacy Waters Association and Central Colorado Water Conservancy District, spoke in support of the bill and discussed recent change in water right cases.

03:55 PM -- Nick Colglazier, Colorado Farm Bureau, spoke in support of the bill.

03:57 PM

The testimony phase was closed. Representative Vigil laid the bill over, for action only, until Monday, April 13, 2015.

03:58 PM -- HB 15-1310

Representative Rankin, sponsor, presented House Bill 15-1310, concerning the authority of the Division of Parks and Wildlife (DPW) to acquire real property for the Garfield County administrative office and public service center. Recommended by the Capitol Development Committee, the bill grants DPW authority to purchase the property in Garfield County. Representative Rankin distributed Amendment L.001 (Attachment A).

150330 AttachA.pdf

04:03 PM -- Steve Cassin, Department of Natural Resources and Colorado Parks and Wildlife, spoke in support of the bill and explained with what funds the land would be purchased.

04:04 PM

The testimony phase was closed, and Mr. Cassin explained Amendment L.001 to the committee.


BILL:	HB15-1310
TIME:	04:05:11 PM
MOVED:	Brown
MOTION:	Adopt amendment L.001 The motion passed without objection.
SECONDED:	Buck
		VOTE
	Arndt
	Becker J.
	Brown
	Buck
	Coram
	Danielson
	Dore
	Ginal
	Lebsock
	Mitsch Bush
	Saine
	Becker K.
	Vigil

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

The amendment phase was closed, and Representative Rankin closed his comments on the bill.


BILL:	HB15-1310
TIME:	04:06:07 PM
MOVED:	Becker K.
MOTION:	Refer House Bill 15-1310, as amended, to the Committee on Appropriations. The motion passed on a vote of 12-0.
SECONDED:	Ginal
		VOTE
	Arndt	Excused
	Becker J.	Yes
	Brown	Yes
	Buck	Yes
	Coram	Yes
	Danielson	Yes
	Dore	Yes
	Ginal	Yes
	Lebsock	Yes
	Mitsch Bush	Yes
	Saine	Yes
	Becker K.	Yes
	Vigil	Yes

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

04:08 PM -- SB 15-198

Representative Vigil, sponsor, presented Senate Bill 15-193, concerning modifications to the Colorado Water Conservation Board's (CWCB) fallowing pilot program. House Bill 13-1248 established a procedure for the CWCB to approve up to 10 pilot projects that temporarily transfer agricultural water rights to municipal water users. An agricultural water rights owner can lease the agriculture water to a municipality for up to three out of 10 years, during which time the owner fallows the affected agricultural land. Senate Bill 15-193 expands the program to add leases for temporary agricultural, environmental, industrial, or recreational uses. The bill also reduces the comment period for pilot project applications from 75 to 60 days.

04:09 PM -- Peter Nichols, Lower Arkansas Conservancy District, spoke in support of the bill and explained the reasoning behind lowering the comment period and other aspects of the bill. Mr. Nichols answered questions from the committee.

04:20 PM -- Jay Winter, Lower Arkansas Valley Conservancy District, spoke in support of the bill. Mr. Winter also informed the committee that the Colorado Farm Bureau is in support of the bill.


BILL:	SB15-198
TIME:	04:23:14 PM
MOVED:	Vigil
MOTION:	Refer Senate Bill 15-198 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Saine
		VOTE
	Arndt	Yes
	Becker J.	Yes
	Brown	Yes
	Buck	Yes
	Coram	Yes
	Danielson	Yes
	Dore	Yes
	Ginal	Yes
	Lebsock	Yes
	Mitsch Bush	Yes
	Saine	Yes
	Becker K.	Yes
	Vigil	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:25 PM

The committee adjourned.