Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:01/26/2015
ATTENDANCE
Time:01:32 PM to 04:07 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
X
Dore
X
This Report was prepared by
Ginal
X
Meghan O'Connor
Lebsock
*
Mitsch Bush
X
Saine
X
Becker K.
X
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Introductory Briefing from Legislative Staff
HJR15-1006
HB15-1013		Witness Testimony and/or Committee Discussion Only
Referred to the Committee of the Whole
Amended, Referred to Appropriations


01:33 PM -- Introductory Briefing from Legislative Staff

Care Pramuk, Legislative Council Fiscal Note Staff, introduced herself to the committee. Ms. Pramuk explained to the committee the role of the Fiscal Note Staff.

Thomas Morris, Office of Legislative Legal Services (OLLS), introduced himself along with Jennifer Berman and Duane Gall. Mr. Morris distributed a summary of services that OLLS offers (Attachment A). Mr. Morris also explained some of the specific services that the office offers with regards to a bill, including providing a premamended bill.

150126 AttachA.pdf150126 AttachA.pdf

03:48 PM -- HJR 15-1006

Representative Vigil presented HJR 1006, concerning approval of water project revolving fund eligibility lists administered by the Colorado Water Resources and Power Development Authority, and explained that the resolution is a summary of certain water projects in the state of Colorado and shortly summarized a few of the projects.





03:50 PM -- Michael Brod, Executive Director Colorado Water and Power Development Authority, testified in support of the resolution and gave a short background to the committee. Mr. Brod explained various aspects of the resolution, including the description of how funds are used and how those funds are prioritized. Mr. Brod responded to questions from the committee regarding specific examples of water projects throughout the state, and gave some examples of projects that are currently being funded Mr. Brod also responded to questions from the committee regarding the loan payback rates for projects.

04:05 PM -- Dianna Orf, Colorado Water Congress, testified in support of the resolution.
BILL:HJR15-1006
TIME: 04:06:22 PM
MOVED:Vigil
MOTION:Refer HJR15-1006 to the full House of Representatives. The motion passed on a vote of 13-0.
SECONDED:Lebsock
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

04:07 PM

The committee adjourned.

01:39 PM -- HB 15-1013

Representative Coram presented House Bill 15-1013 concerning the implementation of recommendation number one set forth in the study of the South Platte River alluvial aquifer prepared by the Colorado Water Institute pursuant to House Bill 12-1278. The bill requires the Colorado Water Conservation Board (CWCB), in consultation with the state engineer, to administer two pilot projects in the areas of Gilcrest/LaSalle and Sterling to evaluate two alternative methods of lowering the water table in areas that are experiencing damaging high groundwater levels. The bill additionally authorizes the state engineer to review augmentation plans submitted to a water court if it includes the construction of a recharge structure.



01:41 PM -- Emily Brummet, Water Policy Analyst with Colorado Water Congress, testified against section 2 of the bill and explained that the Colorado Water Congress remains neutral on the remainder of the bill. Section two of the bill includes a requirement that the state engineer approve any operation and design of a recharge structure within an augmentation plan before the water court may approve that augmentation plan. Ms. Brummet introduced Andy Jones, who spoke on behalf of the Colorado Water Congress State Affairs Committee. Mr. Jones reiterated that the Colorado Water Congress opposes to section two of the bill, stating that inserting the state engineer into the water court process would undermine the current system and settled expectations in the South Platte. He noted that the Colorado Water Congress State Affairs Committee remains neutral on section one of the bill. Mr. Jones fielded questions from the committee regarding the responsibility of the State Engineer and whether a decision from the State Engineer could be appealed.

Representative Coram responded to questions from the committee regarding section two of the bill and why it is important to the integrity of the bill.

Jennifer Berman, Office of Legislative Legal Services, explained that section two of the bill is not limited to the pilot projects described in section one. Mr. Jones explained that sections one and two are two different recommendations from the HB 12-1278 study and continued to address questions from the committee regarding section two of the bill and the responsibility of the State Engineer.

02:01 PM -- Robert Longenbaugh, representing himself, testified in support of the bill. Mr. Longenbaugh explained that the recommendations 1a and 1b from the House Bill 12-1278 study are the two provisions in the bill. Mr. Logenbaugh explained his expertise concerning high groundwater levels in the South Platte basin and stated that House Bill 15-1013 is a positive way to address the continually rising groundwater levels in the South Platte basin. Mr. Logenbaugh summarized recommendations 1a and 1b of the House Bill 12-1278 study and noted that recommendation 1a corresponds with section two of the bill and recommendation 1b corresponds with section one of the bill. Mr. Logenbaugh took questions from the committee concerning the two different recommendations and noted that separating the bill into two separate bills may be beneficial due to the drastic differences between the two sections of the bill.

02:17 PM

Mr. Logenbaugh continued his comments regarding the bill, more specifically regarding section one of the bill. Mr. Logenbaugh suggested that the bill be amended to provide a short-term solution for the high groundwater levels in Gilcrest/LaSalle and Sterling specifically. Mr. Logenbaugh stated that section one of the bill is critical, but that there should be more specific guidelines. Mr. Logenbaugh stated that it is crucial that the bill go forward, but there should be amendments adding more specific guidelines and a more immediate timetable wherein to provide results of the pilot programs. Mr. Logenbaugh concluded his comments and distributed maps a map of the relevant areas addressed in the bill (Attachment B).

150126 AttachB.pdf150126 AttachB.pdf

02:28 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources (DWR), spoke about the bill and testified to the accuracy of the fiscal note as it related to the DWR. Mr. Rein responded to questions from the committee regarding recent research being conducted in the Gilcrest/LaSalle and Sterling areas and how that research is furthering the understanding of the cause of high groundwater levels in those areas.








02:41 PM

Mr. Rein continued to answer questions from the committee regarding the limits of the ability of the DWR to mitigate the high groundwater problems on the South Platte and explained that the DWR and the Division of Natural Resources (DNR) have taken a neutral stance on the bill.

02:54 PM -- Trudy Peterson, Town of Gilcrest, testified in support of the bill and informed the committee that the town of Gilcrest is experiencing issues with the water treatment plant due to the high groundwater levels. Ms. Peterson distributed a letter written to John Stulp, Colorado Water Conservation Board (CWCB) and special advisor to Governor Hickenlooper, by the mayor and board of trustees of the Town of Gilcrest (Attachment C). Ms. Peterson suggested that the bill should be amended to include more short-term solutions for the high groundwater levels in order to give the Town of Gilcrest the immediate relief that it currently needs. Ms. Peterson took questions from the committee and concluded her comments.

150126 AttachC.pdf150126 AttachC.pdf

03:01 PM -- Nick Colglazier, Director of State Affairs Colorado Farm Bureau (CFB), testified in support of the bill. Mr. Colglazier noted that he was in support of the bill as it is, but does have concerns with section two of the bill, and stated CFB does not want to jeopardize augmentation programs in the state.

03:04 PM -- Jeff Nelson, Mayor of the town of Gilcrest, testified in support of the bill and explained the issue of high groundwater levels in the town of Gilcrest. Mr. Nelson explained that the town is currently attempting to dewater the wells, however the bill would assist the town in lowering the water levels. Mr. Nelson addressed questions from the committee regarding section two of the bill, and Mr. Nelson explained that he was in support of section two of the bill.

03:11 PM -- Glen Fritzler, Groundwater Coalition, testified in support of the bill. Mr. Fritzler explained the technical aspects of the high groundwater levels. Mr. Fritzler distributed two documents to the committee (Attachments D and E). Attachment D is a conversation between Dr. Reagan Waskom and Representative Saine, and Attachment E includes a group of pictures showing property damage due to high groundwater levels. Mr. Fritzler also read an email he recently wrote to John Stulp. Mr. Fritzler commented on section two of the bill and explained that he and other residents of Gilcrest cannot afford to dewater their homes or farms. He suggested that there be an amendment giving authority to the governor's office or DWR to turn wells back on to lower the high groundwater levels in the area.

150126 AttachD.pdf150126 AttachD.pdf150126 AttachE.pdf150126 AttachE.pdf

03:31 PM

Mr. Fritzler responded to questions from the committee concerning section two of the bill and the urgent nature of the high groundwater levels in the town of Gilcrest, outlying rural communities, and the agricultural economy in the state, and more specifically Northern Colorado. Mr. Fritzler explained that there has been approximately a 20 percent loss in the agricultural economy due to the high groundwater levels, and that turning the wells back on would help that situation. Mr. Fritzler clarified that his position on the bill, stating that the bill as it exists is not what the town needs, and would like to see a stronger version.





Representative Coram moved amendment L.001 (Attachment F), and committee discussion ensued.

150126 AttachF.pdf150126 AttachF.pdf
BILL:HB15-1013
TIME: 03:38:26 PM
MOVED:Coram
MOTION:Adopt amendment L.001 The motion passed without objection. 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


Representative Buck moved L.004 (Attachment G). Representative Coram objected to the amendment, and it was withdrawn.

150126 AttachG.pdf150126 AttachG.pdf
BILL:HB15-1013
TIME: 03:42:27 PM
MOVED:Buck
MOTION:Adopt amendment L.004. Motion withdrawn.
SECONDED:Saine
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:


Representative Saine moved L.002 (Attachment H), there was no second motion for the amendment.

150126 AttachH.pdf150126 AttachH.pdf
BILL:HB15-1013
TIME: 3:43:39 PM
MOVED:Saine
MOTION:Adopt amendment L.002. The amendment died due to lack of a second.
SECONDED:
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:


Representative Coram concluded his comments on House Bill 15- 1013.
BILL:HB15-1013
TIME: 03:44:53 PM
MOVED:Coram
MOTION:Refer House Bill 15-1013, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:Buck
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