Bill Summary for Bill Number SB15-064

Date: 03/16/2015

Final
BILL SUMMARY for SB15-064

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Postpone Senate Bill 15-064 indefinitely. The moti Refer Senate Bill 15-064 to the Committee of the W	PASS FAIL

03:51 PM -- SB15-064

Representative J. Becker, sponsor, presented Senate Bill 15-064. This bill prohibits the United States Forest Service (USFS) and the federal Bureau of Land Management (BLM) from placing conditions on special-use permits, or for rights-of-way on federal land, that:

demand that the owner of a water right or conditional water right assign partial or joint ownership of the water right to the USFS or the BLM;

impose limitations on a water right that restrict the water right owner's ability to receive fair market value for the water right;

impose limitations on the alienation of a water right; or

impose restrictions that give the USFS or BLM full or partial control over the use of a water right.

Further, the bill prohibits the State Engineer and division engineers in the Department of Natural Resources from cooperating with the USFS or the BLM in administering or enforcing the conditions identified above on special-use permits, or for rights-of-way on federal land.

03:54 PM -- James Eklund, representing the Colorado Department of Natural Resources, testified in support of the bill. Mr. Eklund expressed his opinion that the bill represents a strong message in support of preservation. He responded to questions from the committee.

04:02 PM -- Bart Miller, representing Western Resource Advocates, testified in opposition to the bill. Mr. Miller stated his opinion that this is not the time or the place to address this matter. He responded to questions from the committee about possible unintended consequences of the bill.

04:07 PM -- Carlyle Currier, representing the Colorado Farm Bureau and the Colorado Cattlemen's Association, testified in support of the bill.

04:10 PM -- Jen Boulton, representing the Audubon Society and Colorado Trout Unlimited, testified in opposition to the bill. Ms. Boulton spoke about bypass flows and litigation on the subject. She expressed her opinion that the bill contravenes the decisions in those cases. She responded to questions from the committee.

04:14 PM -- Mary Marchun, representing Vail Resorts, testified in support of the bill. Ms. Marchun spoke about water rights and ski areas. She discussed public-private partnerships. She responded to questions from the committee.

04:18 PM -- Kristin Moseley, representing the Colorado Water Congress and the Eagle River Water and Sanitation District, testified in support of the bill. Ms. Moseley indicated that the bill will assist her clients in protecting their Colorado-based water rights. She discussed case law on the issue of water rights. She addressed questions asked of previous witnesses with regard to preemption and the timing of the bill.

04:23 PM -- Linn Brooks, representing the Eagle River Water and Sanitation District, testified in support of the bill. Ms. Brooks stated that the district has been monitoring these issues due to a potential commingling of the district's water rights with the federal law. She indicated that the state, not the federal government, is the entity to manage water rights. Ms. Mosely responded to questions from the committee.

04:30 PM

Ms. Moseley continued to respond to committee questions.

04:34 PM -- Brett Moore, representing the Colorado Association of Conservation Districts, testified in support of the bill. Mr. Moore explained the purpose of conservation districts.

04:36 PM -- Donna Brosemer, representing the City of Greeley, testified in support of the bill. Ms. Brosemer spoke about water rights and special-use permits issued by the city. She discussed difficulties that arise from the USFS trying to tie water to the land.

04:41 PM

Representative Becker wrapped up his presentation of the bill and asked for a favorable recommendation.


BILL:	SB15-064
TIME:	04:42:07 PM
MOVED:	Thurlow
MOTION:	Refer Senate Bill 15-064 to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:	Humphrey
		VOTE
	Foote	No
	Humphrey	Yes
	Lontine	No
	Neville P.	Yes
	Primavera	No
	Tate	Yes
	Thurlow	Yes
	Tyler	No
	Willett	Yes
	Salazar	No
	Ryden	No

YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB15-064
TIME:	04:42:52 PM
MOVED:	Salazar
MOTION:	Postpone Senate Bill 15-064 indefinitely. The motion passed on a vote of 6-5.
SECONDED:	Ryden
		VOTE
	Foote	Yes
	Humphrey	No
	Lontine	Yes
	Neville P.	No
	Primavera	Yes
	Tate	No
	Thurlow	No
	Tyler	Yes
	Willett	No
	Salazar	Yes
	Ryden	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS