Senate Committee on Agriculture, Natural Resources, & Energy (03/26/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY

Date:	03/26/2015	ATTENDANCE

Time:	01:33 PM to 04:39 PM	Baumgardner	X
		Cooke	X
Place:	SCR 354	Donovan	X
		Garcia	X
This Meeting was called to order by		Hodge	X
	Senator Sonnenberg	Jones	X
		Scott	X
This Report was prepared by		Roberts	X
	David Beaujon	Sonnenberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Letter concerning Office of Consumer Counsel Sunset Conf 15-Wildlife Habitat Stamp Committee Conf 15-Water Conservation Board SB15-196 HB15-1166 SB15-224		- Refer to the Full Senate Refer to the Full Senate Amended, Referred to Finance Referred to Appropriations Witness Testimony and/or Committee Discussion Only

01:33 AM -- Letter concerning Office of Consumer Counsel Sunset

Senator Garcia distributed a letter he drafted to the Chair of the Senate Agriculture, Natural Resources, and Energy Committee urging the committee to introduce and pass legislation reauthorizing the Office of Consumer Counsel (Attachment A).

150326 AttachA.pdf

01:40 PM -- Confirmation of Water Conservation Board

James Eklund, Director, Colorado Water Conservation Board, introduced the Governor's appointments to the Colorado Water Conservation Board and discussed the role of the Board.

01:41 PM

Phyllis “Diane” Hoppe of Broomfield, reappointed for a term expiring February 12, 2016, and to serve as a representative of the South Platte drainage basin and as a Republican, discussed her experience and interest in serving another term on the Colorado Water Conservation Board (Attachment B).

150326 AttachB.pdf

01:42 PM

John Hawkins McClow of Gunnison, reappointed for a term expiring February 12, 2016, and to serve as a representative of the Gunnison-Uncompahgre drainage basin and as an Unaffiliated, discussed his experience and interest in serving another term on the Colorado Water Conservation Board (Attachment B).

01:44 PM

David H. “Ty” Wattenberg of Walden, reappointed for a term expiring February 12, 2016, and to serve as a representative of the North Platte drainage basin and as a Republican, discussed his experience and interest in serving another term on the Colorado Water Conservation Board (Attachment B).


BILL:	Conf 15-Water Conservation Board
TIME:	01:48:22 PM
MOVED:	Roberts
MOTION:	Refer the appointment of John Hawkins McClow, Phyllis "Diane" Hoppe, and David H. "Ty" Wattenberg to the Water Conservation Board to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 9-0.
SECONDED:
		VOTE
	Baumgardner	Yes
	Cooke	Yes
	Donovan	Yes
	Garcia	Yes
	Hodge	Yes
	Jones	Yes
	Scott	Yes
	Roberts	Yes
	Sonnenberg	Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:45 PM -- Confirmation of Wildlife Habitat Stamp Committee

Robert Randall, Deputy Director, Department of Natural Resources, thanked the Governor's appointments to the Colorado Wildlife Habitat Stamp Committee and the Colorado Water Conservation Board for their public service.

01:47 PM

Timothy Brass of Longmont, appointed for term expiring December 31, 2018, and as a representative of the public at large, discussed his experience and interest in serving on the Colorado Wildlife Habitat Stamp Committee (Attachment C).

150326 AttachC.pdf

01:48 PM

Daniel C. Gates of Canon City, appointed for term expiring December 31, 2018, and a sportsperson, discussed his experience and interest in serving on the Colorado Wildlife Habitat Stamp Committee (Attachment C).


BILL:	Conf 15-Wildlife Habitat Stamp Committee
TIME:	01:48:40 PM
MOVED:	Roberts
MOTION:	Refer the appointment of Daniel C. Gates and Timothy Brass to the Wildlife Habitat Stamp Committee to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 9-0.
SECONDED:
		VOTE
	Baumgardner	Yes
	Cooke	Yes
	Donovan	Yes
	Garcia	Yes
	Hodge	Yes
	Jones	Yes
	Scott	Yes
	Roberts	Yes
	Sonnenberg	Yes

Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:49 PM

The committee recessed.

01:49 PM -- SB 15-196

The committee returned from recess. Senator Marble, sponsor, described the provisions of Amendment L.001 (Attachment D) that strikes everything below the enacting clause of Senate Bill 15-196 concerning industrial hemp seed concentration tests. Essentially, this amendment creates a new bill under the existing bill title.

150326 AttachD.pdf

The following persons testified on the bill.

02:01 PM -- James McVaney, representing himself, spoke in support of the bill.

02:04 PM -- Mitch Yergert, Division of Plant Industry, Colorado Department of Agriculture, spoke in support of Amendment L.001 and responded to questions from the committee about federal regulation of industrial hemp.

02:09 PM -- Lewis Koski, Director, Marijuana Enforcement Division, responded to questions from the committee about the effect of altitude on THC levels in industrial hemp. He also discussed the regulation of recreational marijuana and industrial hemp.

02:20 PM -- Mickie Hackenberger, speaking on behalf of Matt Tayler, spoke in support of Amendment L.001 and discussed the importance of industrial hemp seed certification.

02:23 PM -- Jessica LeRoux, representing herself, expressed concern about the effect of the bill on the ability of private persons to test their marijuana using certified testing facilities.

02:25 PM -- Jon Beringer, representing himself, spoke in support of the bill.

02:26 PM

Testimony was closed by the Chair, and Senator Marble closed her remarks on the bill.


BILL:	SB15-196
TIME:	02:27:33 PM
MOVED:	Hodge
MOTION:	Adopt amendment L.001 The motion passed without objection.
SECONDED:
		VOTE
	Baumgardner
	Cooke
	Donovan
	Garcia
	Hodge
	Jones
	Scott
	Roberts
	Sonnenberg

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


BILL:	SB15-196
TIME:	02:27:58 PM
MOVED:	Hodge
MOTION:	Refer Senate Bill 15-196, as amended, to the Committee on Finance. The motion passed on a vote of 9-0.
SECONDED:
		VOTE
	Baumgardner	Yes
	Cooke	Yes
	Donovan	Yes
	Garcia	Yes
	Hodge	Yes
	Jones	Yes
	Scott	Yes
	Roberts	Yes
	Sonnenberg	Yes

Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:28 PM -- HB 15-1166

Senator Marble, sponsor, described the provisions of House Bill 15-1166 concerning the South Platte alluvial aquifer monitoring network. House Bill 12-1278 required the Colorado Water Conservation Board (CWCB) in the Department of Natural Resources (DNR), in consultation with the State Engineer and the Colorado Water Institute (CWI) at Colorado State University, to conduct a comprehensive study to compile and evaluate available historic hydrologic data for the South Platte River Basin. A final report was presented to the General Assembly on December 31, 2013. The reengrossed House Bill 15-1166 implements a recommendation from that report to create a basin-wide tributary groundwater monitoring network in the South Platte alluvial aquifer. The State Engineer in the DNR is tasked with the design and operation of the monitoring network. The State Engineer in consultation with the CWCB, and with public input, will develop and publish one or more protocols for groundwater level data measurement, data collection, and data entry, and will attempt to automate data collection. Data will be posted to the Division of Water Resources' website within 30 days of receipt. Finally, the bill authorizes use of the CWCB Construction Fund and the General Fund for implementation of the monitoring network.

The following persons testified on the bill.

02:33 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources, discussed data collection by the division concerning groundwater levels in the South Platte alluvial and discussed the provisions of the bill. He also discussed the HB 12-1278 Study recommendations.

02:38 PM -- Nick Colglazier, Colorado Farm Bureau, spoke in support of the bill.

02:39 PM -- Andy Jones, Central Colorado Water Conservancy District, Colorado Water Congress, spoke in support of the bill.

02:41 PM -- Robert Longenbaugh, representing himself, spoke in support of the bill and discussed the need for additional data about the alluvial aquifer to improve the accuracy of groundwater models used to establish groundwater regulations.

02:45 PM

Testimony was closed by the Chair and Senator Marble closed her remarks on the bill.


BILL:	HB15-1166
TIME:	02:46:06 PM
MOVED:	Roberts
MOTION:	Refer House Bill 15-1166 to the Committee on Appropriations. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Baumgardner	Excused
	Cooke	Yes
	Donovan	Yes
	Garcia	Yes
	Hodge	Yes
	Jones	Yes
	Scott	Yes
	Roberts	Yes
	Sonnenberg	Excused

Final YES: 7 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:47 PM

The committee recessed.

02:55 PM -- SB 15-224

The committee returned from recess. Senator Sonnenberg, sponsor, described the provisions of Senate Bill 15-224 concerning the building foundation well permit exemption and distributed Amendment L.001 (Attachment E) and Amendment L.002 (Attachment F). This bill allows a drainage system (i.e., foundation drain, sump pump, or underdrain) to be installed without requiring a well permit, augmentation plan, or replacement plan when the purpose of the drainage system is to protect buildings from flooding due to excessive groundwater. To qualify for the exception, the following conditions must be met: the system does not penetrate a confining layer; no collection point of the system is more than 10 feet from the building's foundation; the removed groundwater is not used for any other purposes; and the removed groundwater is returned directly into the aquifer.

150326 AttachE.pdf

150326 AttachF.pdf

The following persons testified on the bill:

03:02 PM -- Andy Jones, Central Colorado Water Conservancy District, spoke in opposition to the bill.

03:08 PM -- Tom Sauter, Lost Creek Groundwater Management District, spoke in opposition to the bill and responded to questions from the committee about his concerns with the bill.

03:14 PM -- Robert Loose, North Kiowa Bijou Groundwater Management District, spoke in opposition to the bill.

03:18 PM -- Lisa Thompson, Upper Black Squirrel Creek Ground Water Management District, spoke in opposition to the bill and discussed a recent Ground Water Commission decision concerning the Meridian Ranch District. She also distributed written comments on the bill (Attachment G), a map of designated basin in Colorado (Attachment H), a map of land use in the Upper Black Squirrel Creek Basin (Attachment I), and a map of the Meridian Ranch (Attachment J). She also commented on Amendment L.001 and Amendment L.002.

150326 AttachG.pdf

150326 AttachH.pdf

150326 AttachI.pdf

150326 AttachJ.pdf

03:31 PM

Senator Sonnenberg distributed Amendment L.003 (Attachment K) that replaces Amendment L.001.

150326 AttachK.pdf

03:37 PM -- Dan Farmer, representing Farmers Farms, spoke in opposition to the bill.

03:43 PM -- Jared Farmer, representing Farmers Farms, spoke in opposition to the bill.

03:44 PM -- Robert Longenbaugh, representing Farmers Farms, spoke in opposition to the bill and discussed dewatering measures in the Meridian Ranch subdivision. He also distributed a handout related to his testimony on the Meridian Ranch subdivision (Attachment L) and discussed current law related to dewatering projects.

150326 AttachL.pdf

04:02 PM -- Fred Midcap, North Kiowa Bijou Groundwater Management District, spoke in opposition to the bill.

04:05 PM -- Joan Green, Water Rights Association of the South Platte, expressed concern about the bill as introduced and spoke in support of an amendment to limit the bill's exemption to designated basins.

04:07 PM -- Bruce Lytle, Meridian Service Metropolitan District, spoke in support of the bill and discussed county regulations related to foundation drains. He identified different types of dewatering measures to protect foundations and distributed a picture of an underdrain (Attachment M) and a diagram of an underdrain installed on the Meridian Ranch subdivision.

150326 AttachM.pdf

04:17 PM -- Wayne Schroeder, Meridian Service Metropolitan District, spoke in support of the bill and discussed underdrains on the Meridian Ranch subdivision. He also discussed efforts to obtain a well permit from the Ground Water Commission for the Meridian Ranch subdivision. He spoke in support of Amendment L.003 and responded to questions from the committee about the amendment.

04:35 PM -- Joe Knopinski, Colorado Homebuilders Association, spoke in support of the bill.

04:38 PM

Testimony was closed by the Chair and Senator Sonnenberg closed his remarks on the bill.

04:39 PM

The bill was laid over unamended, and the committee adjourned.