House Committee on Agriculture, Livestock, & Natural Resources (02/09/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	02/09/2005	ATTENDANCE

Time:	09:48 AM to 12:20 PM	Brophy	X
		Gallegos	X
Place:	LSB A	Harvey	X
		Hodge	X
This Meeting was called to order by		Hoppe	X
	Representative Curry	McFadyen	X
		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:
HB05-1185		Amended and Referred to the Committee of the Whole

09:48 AM -- House Bill 05-1185

Representative Brophy, sponsor, described the provisions of the bill concerning temporary changes of water rights for up to five years for water use plans involving out-of-priority depletions. He described the impact of the 2002 drought and subsequent changes to well use regulations in northeastern Colorado. He also identified the effect of the more stringent regulations on the agricultural economy and responded to questions from the committee. Committee discussion followed about the potential effect of the bill on senior surface water users.

The following persons testified on the bill:

10:13 AM -- Mike Shimmon, Bijou Irrigation Company, spoke in opposition to the bill and described recent Colorado court decisions and statutory changes pertaining to well use in the South Platte River Basin. He also explained the effect of well pumping and water diversion on senior water users.

10:28 AM -- Steven Janssen, Henry Lynn Irrigation Company, spoke in opposition to the bill. He also described the doctrine of prior appropriation that regulates stream water diversions in Colorado and the court cases and statutory changes that have integrated well users into the priority system. He also identified potential impacts to members of his irrigation company from less stringent well regulations.

10:39 AM -- Manual Montoya, Farmers Reservoir and Irrigation Company and the Burlington Irrigation Company, spoke in opposition to the bill. He described the impacts to senior surface water users from wells that are not replacing their depletions to the river system.

10:46 AM -- Don Shawcraft, Colorado Farm Bureau, spoke in opposition to the bill.

10:50 AM -- Julie McKenna, Northern Colorado Water Conservancy District, spoke in support of the bill.

10:52 AM -- Tim Buchanon, Harmony Ditch Company, Farmers Pawnee Water Users Association, City of Brighton, and City of Centennial, spoke in opposition to the bill. He also described the impact to his clients caused by unreplaced well depletions.

10:58 AM -- Cindy French, Colorado Dairy Farmers, spoke in support of the bill. She also described the economic benefit of the Colorado dairy industry and the impacts from the new, more stringent well regulations (Attachment A).

11:02 AM -- Tom Cech, Central Colorado Water Conservancy District, spoke in support of the bill. He described the backlog of water court cases concerning augmentation plans in Water Division of 1 and efforts of well users in his district to protect senior water rights. He also identified other impacts to water flows in the South Platte River Basin including drought and increased water reuse.

11:11 AM -- Bob Sakata, Sakata Farms, Inc., spoke in support of the bill and described the importance of using surface water and ground water for agricultural production. He also identified water conservation efforts on his farm and identified other causes of water shortages in the South Platte River including drought and growing demand.

11:26 AM -- Andrew Jones, Central Colorado Water Conservancy District, spoke in support of the bill and described current law concerning plans for augmentation as defined in Section 37-92-305 and Section 37-92-308, C.R.S. (Attachment B). He also described potential sources of water to replace depletions caused by wells.

11:43 AM -- Hal Simpson, State Engineer, spoke in support of the bill and described the impact of drought on water users in the South Platte River Basin. He also addressed an amendment to repeal the bill in five years.

11:48 AM -- Skylar Loefler, Central Colorado Water Conservancy District, spoke in support of the bill.

11:52 AM -- Gary Herman, Central Colorado Water Conservancy District, spoke in support of the bill.

11:54 AM -- Randy Knutson, Central Colorado Water Conservancy District, spoke in support of the bill.

11:57 AM -- Chris Treese, Colorado River Water Conservation District, spoke in support of the bill.

12:00 PM

Testimony ended and Representative Brophy closed his remarks. He also discussed a proposal to add a repeal date to the bill five years after it becomes effective.

12:06 PM

The meeting recessed.

12:12 PM

The committee returned from recess and the chair put the bill on the table for action.


BILL:	HB05-1185
TIME:	12:14:35 PM
MOVED:	Brophy
MOTION:	Moved to amend the printed bill page 2, strike lines 21 through 24 and substitute the following: "the water court in accordance with the governing augmentation plan and decree. An approval of a temporary change of water right". The motion passed without objection.
SECONDED:	McFadyen
		VOTE
	Brophy
	Gallegos
	Harvey
	Hodge
	Hoppe
	McFadyen
	Penry
	Rose
	Solano
	McKinley
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1185
TIME:	12:16:44 PM
MOVED:	Brophy
MOTION:	Moved HB05-1185 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 7-4.
SECONDED:	Hoppe
		VOTE
	Brophy	Yes
	Gallegos	No
	Harvey	No
	Hodge	Yes
	Hoppe	Yes
	McFadyen	Yes
	Penry	Yes
	Rose	No
	Solano	Yes
	McKinley	No
	Curry	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS