Final
BILL SUMMARY for HB05-1296

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes:
Action Taken:
<none><none>





01:41 PM -- House Bill 05-1296

Representative Buescher, sponsor, described the provisions HB05-1296 concerning mitigation requirements for new water transfers out of an area-of-origin. Committee discussion following about the definition of provisions in the bill including "area of origin," "impairment," and "increased in cost."

The following persons testified on the bill:

01:52 PM -- Eric Kuhn, Colorado River Water Conservation District, spoke in support of the bill. He also described mitigation agreements related to west slope water storage projects and mitigation requirements for water transfers from the Colorado River Basin by a water conservancy district. He also described regulatory requirements that pertain to area of origin transfers, such as the Areas and Activity of State Interest Act (Section 24-65.1-101, et seq.) that is commonly known as "HB 1041 powers," and limits on transfers of agricultural water pertaining to payment in lieu of taxes and weed control.

02:02 PM -- Chips Berry, Denver Water Department, spoke in opposition to the bill and described principals of Colorado's doctrine of prior appropriation. He explained that ownership of water is established by applying unappropriated water to a legally recognized beneficial use. He also identified water protection measures in current state and federal law and described Denver Water's mitigation programs for its water transfers from Grand County in the Colorado River Basin (Attachments A and B).

02:30 PM -- Frank Weddig, Colorado Water Partnership, spoke in opposition to the bill.

02:35 PM -- Harvey Curtis, Harvey W. Curtis & Assoc., spoke in opposition to the bill. He also described limits in state law on retrospective laws and identified the types of property rights associated with water rights.

02:40 PM -- Tom Morris, Office of Legislative Legal Services, described the bill's effective date and responded to testimony about retroactive legislation.

02:48 PM -- Steve Simms, Colorado Water Congress, spoke in opposition to the bill and described 1041 powers of counties pertaining to water projects and limits on water transfers from the Colorado River Basin by a water conservancy district. He also compared the provisions of HB05-1296 with HB04-1040 that was postponed indefinitely and pertained to basin of origin transfers.

03:08 PM -- Peter Binny, City of Aurora, spoke in opposition to the bill and described current limits on water transfers. He also estimated water needs for Colorado in 30 years and described mitigation agreements between the City of Aurora and parties affected by the city's water transfers from Eagle County and the Arkansas River Basin.

03:18 PM -- Star Waring, Independent Shareholders Group, LLC., spoke in opposition to the bill and described proposed transfers of agricultural water rights from the Arkansas River Basin.

03:31 PM -- Duane Woodard, High Plains A & M, spoke in opposition to the bill and proposed amendments to define "enforceable mitigation agreements" and "prospective beneficial uses." He also described the alternative dispute resolution process as a method to address impacts from water transfers.

03:40 PM -- Garin Bray, Colorado Farm Bureau, spoke in opposition to the bill and described historic changes to legally recognized beneficial uses that have been expanded to include recreational in-channel diversions and other types of water uses.

03:44 PM -- Fred Heckmann, representing himself, spoke in opposition to the bill. He also described changing uses of agricultural water rights and compared the economic benefits derived from water used for agriculture and municipal purposes.

03:56 PM -- Anita Pointon, representing herself, spoke in opposition to the bill. She also described the economic challenges of farming and her efforts to increase the profitability of her farm in the Arkansas River Basin.

04:08 PM -- Wayne Vanderscheere, Colorado Springs Utilities, spoke in opposition to the bill and described protections in current law for areas of origin affected by water transfers.

04:12 PM -- Burt White Heckman, representing himself, spoke in opposition to the bill. He described the use of Fort Lyons Canal water by his farm in the Arkansas River Basin and the economic challenge of farming. He also described water court challenges to the application to change his agricultural water right that have been filed by affected counties and conservancy districts.

04:19 PM -- Kirk Klancke, Northwest Council of Governments, spoke in support of the bill and identified impacts from water transfers that are not addressed by current laws, such as HB 1041 powers.

04:23 PM -- Jerry Sonnenberg, Coloradans for Water Conservation and Development, spoke in opposition to the bill.

04:25 PM -- Bob Trout, Northern Colorado Water Conservancy District (NCWCD), spoke in support of the bill and described enforceable mitigation requirements that pertain to transfers from the Colorado River Basin by the NCWCD, such as a requirement to maintain the Green Mountain Reservoir in Summit County that stores water rights owned by water users in the Colorado River Basin. He also explained that the Lower Arkansas Water Conservancy District supports the bill.

04:38 PM

Representative Buescher closed his remarks. The bill was laid over and tentatively scheduled for action on Wednesday, March 16.


04:42 PM

The committee recessed.