Date: 03/30/2015
Final
BILL SUMMARY for SB15-183
HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
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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.