House Committee on Agriculture, Livestock, & Natural Resources (02/16/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	02/16/2005	ATTENDANCE

Time:	09:59 AM to 01:52 PM	Brophy	X
		Gallegos	X
Place:	LSB A	Harvey	E*
		Hodge	X
This Meeting was called to order by		Hoppe	X
	Representative Curry	McFadyen	E*
		Penry	X
This Report was prepared by		Rose	X
	David Beaujon	Solano	X
		McKinley	X
		Curry	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1276 HB05-1219		Amended, Referred to Committee on Appropriations Witness Testimony Only

10:00 AM -- House Bill 05-1276

Representative Vigil, sponsor, described the provisions of the bill concerning vaccination of racing greyhounds. He also proposed an amendment to Page 2 of the printed bill, line 6, strike "GREYHOUNDS" and substitute "ANIMALS".

The following person testified on the bill:

10:05 AM -- Eric Morgan, Colorado Greyhound Kennels Association, spoke in support of the bill.

10:07 AM

Testimony was closed.


BILL:	HB05-1276
TIME:	10:07:30 AM
MOVED:	Hodge
MOTION:	Moved to amend Page 2 of the printed bill, line 6, strike "GREYHOUNDS" and substitute " ANIMALS". The motion was adopted on a roll call vote of 6-3.
SECONDED:	Gallegos
		VOTE
	Brophy	No
	Gallegos	Yes
	Harvey	Excused
	Hodge	Yes
	Hoppe	No
	McFadyen	Excused
	Penry	Yes
	Rose	No
	Solano	Yes
	McKinley	Yes
	Curry	Yes
Not Final YES: 6 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:	HB05-1276
TIME:	10:09:33 AM
MOVED:	Penry
MOTION:	Moved HB05-1276 to the Committee on Appropriations, as amended. The motion passed on a roll call vote of 10-0.
SECONDED:	Hodge
		VOTE
	Brophy	Yes
	Gallegos	Yes
	Harvey	Excused
	Hodge	Yes
	Hoppe	Yes
	McFadyen	Yes
	Penry	Yes
	Rose	Yes
	Solano	Yes
	McKinley	Yes
	Curry	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:10 AM

The meeting recessed while the committee waited for an excused member to return and vote.

10:14 AM

The committee returned from recess.

10:14 AM -- House Bill 05-1219 (Testimony only)

Representative Curry, sponsor, described the provisions of the bill and explained that the committee will act on the bill at a later date, to be determined.

The following persons testified on the bill:

10:23 AM -- Duane Zavadil, Bill Barret Corporation, spoke in opposition to the bill and described factors affecting natural gas production and prices (Attachment A).

10:28 AM -- Rick Robitaille, Andadarco Petroleum, spoke in opposition to the bill and summarized the provisions of several deeds that convey mineral rights. He also described the provisions of Wyoming legislation concerning surface impacts from mineral development.

10:35 AM -- David Siple, Patina Oil and Gas Corporation, spoke in opposition to the bill and described the economic benefits of mineral development (Attachment B). He also described the well drilling process and efforts to secure surface use agreements with surface land owners.

10:44 AM -- James Wason, Kerr-McGee Rocky Mountain Corporation, spoke in opposition to the bill and described efforts to accommodate surface land owners during drilling operations (Attachment C).

10:55 AM -- Brian Tooley, representing himself, spoke in opposition to the bill.

10:59 AM -- Tom Morris, Office of Legislative Legal Service, responded to questions from the committee regarding possible challenges to the constitutionality of enacted legislation.

11:05 AM -- Howard Boigon, representing himself, spoke in opposition to the bill and described the history of legislation to address impacts to surface land owners from oil and gas development. He also responded to questions from the committee regarding the bill's constitutionality.

11:14 AM -- Rebecca Koeppen, representing herself, spoke in support of the bill and described the impact from mineral development to surface lands.

11:17 AM -- Gary Wallace, representing himself, spoke in support of the bill.

11:17 AM -- Garin Bray, Colorado Farm Bureau, spoke in support of the bill and responded to earlier testimony about the bill. She also discussed amendments to ensure an adequate negotiation period and to expedite the appraisal process.

11:29 AM -- Mary Ellen Denomy, representing herself, spoke in support of the bill and described the impact of increasing well density (Attachment D).

11:35 AM -- Garland Anderson, representing himself, spoke in support of the bill and described impacts from mineral development (Attachment E).

11:45 AM -- Alan Maitland, speaking on behalf of Liz Lippitt, spoke in support of the bill and expressed concern about the impact of mineral development on the ability of land owners to obtain long term mortgages for the property.

11:53 AM -- Randy Neil, representing himself, spoke in support of the bill and described impacts to his land from mineral development.

12:05 PM -- Wally White, La Plata County Commissioner, spoke in support of the bill and described impacts to property values in La Plata County related to mineral development.

12:15 PM -- Ken Wonstolen, Colorado Oil and Gas Association, spoke in opposition to the bill and described the accommodation doctrine pertaining to the use of surface lands by land owners and mineral developers (Attachment F). He also responded to earlier testimony about impacts caused by mineral development (Attachment G).

12:26 PM -- Barry and Paula Johnson, representing themselves, spoke in support of the bill and described impacts to their land from oil and gas development.

12:33 PM -- Trent Bushner, Colorado Corn Growers Association, spoke in support of the bill and described impacts to his land from mineral development.

12:38 PM

The meeting recessed.

12:49 PM

The committee returned from recess and testimony resumed:

12:50 PM -- Gene Osborne, Equinox Group, spoke in support of the bill.

12:56 PM -- Randy Feuerstein, representing himself, spoke in support of the bill and described court decisions concerning the use of surface land by mineral developers.

12:59 PM -- Richard Stiles, representing himself, spoke in support of the bill and described the impact of mineral development on his lands.

01:06 PM -- Dude Cox, President of the Grand Valley Citizens Alliance, spoke in support of the bill and stated that the explained that the Colorado Oil and Gas Conservation Commission's rules do not satisfy the needs of landowners.

01:10 PM -- Roy Teter, K.P. Kaufmann Company, spoke in opposition to the bill and described negotiations with surface land owners regarding the use of surface lands for mineral development (see Attachment H). He also described the economic benefits provided by mineral development.

01:18 PM -- Jason Lilley, K.P. Kaufmann Company, commented on the bill.

01:20 PM -- Mick Ireland, Commissioner of Pitkin County, spoke in support of the bill.

01:25 PM -- Stan Dempsey, Colorado Petroleum Association, commented on the bill and proposed alternatives to lessen conflicts between surface land owners and mineral developers.

01:26 PM -- Jack Rigg, BP, spoke in opposition to the bill and described efforts to accommodate surface owners during oil and gas development.

01:36 PM -- Janice Bennett Good, National Association of Royalty Owners, spoke in opposition to the bill and proposed amendments to expedite the negotiation process (Attachment I).

01:42 PM -- Terry Fankhauser, Colorado Cattlemen's Association, spoke in opposition to the bill (Attachment J).

01:46 PM

The meeting was adjourned and the bill was laid over.

The following persons submitted written testimony:

John McGeeney - supporting the bill (Attachment K);
Bruce Thomson - supporting the bill (Attachment L);
Jim and Terry Fitzgerald - supporting the bill (Attachment M);
Douglas Peters - opposing the bill (Attachment N);
Tara Meixsell - supporting the bill (Attachment O); and
Jack Wyscaver - supporting the bill ( (Attachment P).