Date: 02/18/2015

Final
BILL SUMMARY for HB15-1178

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
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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.pdf150218 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.pdf150218 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.pdf150218 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.pdf150218 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.pdf150218 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.pdf150218 AttachG.pdf

01:17 PM

The committee adjourned.