Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
Date:
03/21/2005
ATTENDANCE
Time:
01:40 PM
to
07:43 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:
SB05-066
SB05-084
SB05-055
SB05-062
Amended, Referred to Committee on Appropriations
Amended, Referred to Committee on Appropriations
Referred to the Committee of the Whole
Amended, Laid Over
01:40 PM -- Senate Bill 05-066
Representative White, sponsor, described the provisions of SB05-066 concerning Colorado Energy Research Institute (CERI) at the Colorado School of Mines. He also distributed Amendments L. 005 (Attachment A) and L. 006 (Attachment B).
The following persons testified on the bill:
01:44 PM --
Greg Schnacke, Colorado Oil and Gas Association, spoke in support of the bill and responded to questions from the committee regarding the use and the source of revenue for the Environmental Response Fund, and the institute's grant award process.
01:55 PM --
John Trefni, Colorado School of Mines, spoke in support of the bill and identified potential CERI research projects.
02:05 PM
Testimony was closed.
BILL:
SB05-066
TIME:
02:06:19 PM
MOVED:
Hoppe
MOTION:
Moved Amendment L 005. The motion passed without objection.
SECONDED:
Rose
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:
SB05-066
TIME:
02:07:53 PM
MOVED:
Hoppe
MOTION:
Moved Amendment L 006. The motion passed without objection.
SECONDED:
Rose
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:
SB05-066
TIME:
02:09:57 PM
MOVED:
Rose
MOTION:
Moved to refer SB05-066 to the Committee on Appropriations, as amended. The motion passed on a vote of 11-0.
SECONDED:
Hoppe
VOTE
Brophy
Yes
Gallegos
Yes
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Penry
Yes
Rose
Yes
Solano
Yes
McKinley
Yes
Curry
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:11 PM -- Senate Bill 05-084
Representative Curry, sponsor, described the provisions of SB05-084 concerning the Colorado Water Conservation Board (CWCB) Construction Fund and distributed Amendment L. 001 (Attachment C).
The following persons testified on the bill:
02:15 PM --
Rod Kuharich, Director of the CWCB, spoke in support of the bill and identified projects that would receive moneys from the CWCB Construction Fund (Attachment D).
02:28 PM --
Kevin Bommer, Colorado Municipal League, spoke in support of the bill and Amendment L.001.
02:28 PM --
Chris Piper, Denver Water Department, Colorado Water Congress, spoke in support of the bill.
02:30 PM
Testimony was closed.
BILL:
SB05-084
TIME:
02:30:28 PM
MOVED:
Curry
MOTION:
Moved Amendment L 001. The motion passed without objection.
SECONDED:
Hodge
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:
SB05-084
TIME:
02:31:57 PM
MOVED:
Solano
MOTION:
Moved SB05-084 to the Committee on Appropriations, as amended. The motion passed on a vote of 11-0.
SECONDED:
Gallegos
VOTE
Brophy
Yes
Gallegos
Yes
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Penry
Yes
Rose
Yes
Solano
Yes
McKinley
Yes
Curry
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:33 PM -- Senate Bill 05-055
Representative Hodge, sponsor, described the provisions of SB05-055 concerning limited distribution of raw milk.
The following persons testified on the bill:
02:34 PM --
David Lynch, Guide Stone Farm, spoke in support of the bill and described his farm's cow-share program.
02:41 PM --
Jim Dean, Guide Stone Farms, spoke in support of the bill and described regulation of raw milk by counties and the Colorado Board of Health.
02:50 PM --
Karen Kudebeh, representing herself, spoke in support of the bill and described her participation in a cow-share program.
02:54 PM --
Emily Matuszewicz, Guide Stone Farm, spoke in support of the bill and described the health benefits of raw milk.
02:59 PM --
Rebecca Ritchey, Guide Stone Farm, spoke in support of the bill and described the health benefits she has experienced from consuming raw milk.
03:07 PM --
Laurannce Johnston, Guide Stone Farm, spoke in support of the bill and described the health benefits of raw milk.
03:11 PM --
Nancy Trask, Guide Stone Farm, spoke in support of the bill and described the health benefits of raw milk.
03:16 PM --
John Stencel, Rocky Mountain Farmers Union, spoke in support of the bill and described the growing demand for raw milk.
03:18 PM --
John Pickle, Colorado Association of Local Public Health Officials, spoke in opposition to the bill and identified pathogens associated with raw milk that may cause disease in humans.
03:30 PM --
Cindy French, Colorado Dairy Farmers, spoke in support of the bill and described Senate amendments to the bill that addressed her organization's concern about the introduced bill. She also identified health regulations that apply to commercial milk production.
03:37 PM --
Jerry Hergenreder, representing himself, spoke in support of the bill and described his efforts to satisfy the growing demand for raw milk.
03:41 PM --
Amanda Harper, representing herself, spoke in support of the bill and described her family's consumption of raw milk.
03:45 PM --
Annelis Johnson, Johnson Acres, spoke in support of the bill and described the health benefits from raw milk. She also described her farm's disease monitoring program.
03:47 PM --
Sarah Byrne, representing herself, spoke in support of the bill and described the health benefits of raw milk.
03:49 PM
Testimony was closed.
BILL:
SB05-055
TIME:
03:50:45 PM
MOVED:
Solano
MOTION:
Moved SB05-055 to the Committee of the Whole, without amendment. The passed on a vote of 11-0.
SECONDED:
McKinley
VOTE
Brophy
Yes
Gallegos
Yes
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Penry
Yes
Rose
Yes
Solano
Yes
McKinley
Yes
Curry
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:52 PM
The committee recessed.
04:01 PM -- Senate Bill 05-062
Representative Curry excused herself from voting on the bill under House Rule 21c.
04:02 PM
Representative Hoppe, sponsor, described the provisions of SB05-062 concerning the adjudication of recreational in-channel diversions (RICDs). She also distributed Amendment L. 012 (Attachment E), Amendment L. 014 (Attachment F), and Amendment L. 015 (Attachment G).
The following persons testified on the bill:
04:14 PM --
Tom Sharp, representing himself, spoke in support of the bill and described the potential impact of RICD's on the ability to provide water for Colorado's growing population (Attachment H). He also responded to questions from the committee about the bill's consistency with the doctrine of prior appropriation.
04:31 PM --
Ted Kowalski, Colorado Water Conservation Board (CWCB), described provisions of the bill (Attachment I) and described the Colorado Supreme Court's March 14, 2005 decision on the Upper Gunnison River Water Conservancy District's RICD application (Attachment J). He also described the CWCB's policy concerning RICDs (Attachment K).
04:46 PM --
Alan Leak, Colorado Water Partnership, spoke in support of the bill and described the growing demand for municipal water. He also identified potential impacts from RICDs.
04:51 PM --
Eugene Buchanan, Paddler Magazine, spoke in opposition to the bill. He also described the growth of the paddling community and the economic benefits from whitewater courses.
04:59 PM --
Peter Van De Carr, Backdoor Sports, Ltd., spoke in opposition to the bill and described the City of Steamboat's RICD application.
05:02 PM --
Glenn Porzak, City of Steamboat Springs, spoke in opposition to the bill and described the Colorado Supreme Court's March 14, 2005 decision on the Upper Gunnison River Water Conservancy District's RICD application. He also described the amount of water needed for certain RICDs and the applicability date in Section 3 of the bill, and responded to prior testimony about the potential impact of RICDs on Colorado's ability to develop its compact entitlement.
05:20 PM --
Jerry Mallet, Chaffee County, spoke in opposition to the bill and described the county's RICD application for a white water park in the City of Salida (Attachment L). He also described the economic benefits of white water activities on the Arkansas River and the county's consultations with water users that may be effected by its RICD.
05:29 PM --
Peter Runyon, Eagle County, Northwest Colorado Council of Governments, spoke in opposition to the bill.
05:33 PM --
Ken Brenner, City of Steamboat Springs, spoke in opposition to the bill and commented on the Colorado Supreme Court's March 14, 2005 decision concerning the Upper Gunnison River Water Conservancy District's RICD application.
05:38 PM --
Kent Vertress, Blue Sky West, spoke in opposition to the bill and expressed concern about the recreational benefit of a 350 cubic foot per-second (CFS) RICD.
05:41 PM --
Drew Peternell, Trout Unlimited, spoke in opposition to the bill and respond to prior testimony about the potential impact of RICD on existing water rights.
05:48 PM --
Mark Robbins, Colorado White Water Association, spoke in opposition to the bill and described the economic benefits of white water parks. He also expressed concern about the effect of the bill's 350 cfs limit and the definition of "diversion structure".
05:52 PM --
Kathy Connell, City of Steamboat Springs, spoke in opposition to the bill.
05:56 PM --
Andrea Benson, Upper Gunnison River Water Conservancy District (UGRWCD), Gunnison County, spoke in opposition to the bill and responded to prior testimony. She also submitted a letter of opposition to the bill from Karen Shirley, Manager, UGRWCD (Attachment M).
06:00 PM --
Terry Scanga, Upper Arkansas River Water Conservancy District, Southeastern Water Conservancy District, spoke in support of the bill and described the management of the Arkansas River to benefit water based recreation.
06:04 PM --
Jerry Sonnenberg, Coloradoans for Water Conservation and Development, spoke in support of the bill and compared RICDs with other types of water rights.
06:06 PM --
Mathew Evans, Friends of the Poudre, spoke in opposition to the bill and described the benefit of RICDs.
06:10 PM --
Mr. Mallet returned to explain that the Arkansas River Outfitters Association is opposed to the bill.
06:11 PM --
David Lauer, Friends of the Poudre, spoke in opposition to the bill (Attachment N).
06:14 PM --
Kristine Crandell, representing herself, spoke in opposition to the bill and described the future water needs for environmental and recreational purposes identified by the CWCB's Statewide Water Supply Investigation.
06:20 PM --
Mick Ireland, Pitkin County, spoke in opposition to the bill.
06:25 PM --
Peggy Montano, Northern Colorado Water Conservancy District (NCWCD), spoke in support of the bill and commented on the Colorado Supreme Court's March 14, 2005 decision concerning the Upper Gunnison River Water Conservancy District's RICD application. She also described the NCWCD's water right for the Colorado-Big Thompson water project.
06:32 PM --
Don Ament, Colorado Department of Agriculture, spoke in support of the bill and described water use in Colorado.
06:41 PM --
Diana Orf, Colorado Mining Association, spoke in support of the bill.
06:43 PM --
Fritz Holleman, City of Steamboat Springs, Chaffee County, spoke in opposition to the bill and described the ability to limit RICDs to certain times of the day. He also commented on the Colorado Supreme Court's March 14, 2005 decision concerning the Upper Gunnison River Water Conservancy District's RICD application and described the CWCB's RICD review process.
06:47 PM --
Chris Treese, Colorado River Water Conservation District, spoke in support of the bill and expressed concern about certain RICDs that claim the entire stream flow. He also explained the duty of water that limits water rights and spoke in support of Amendment L. 014.
06:53 PM --
Christian Campton, Colorado River Outfitters Association, spoke in opposition to the bill and submitted a report on the commercial river use in Colorado 1988 - 2004 (Attachment O).
06:59 PM --
John Shawcroft, Colorado Farm Bureau, spoke in support of the bill and compared RICDs with agricultural water rights.
07:02 PM --
Patti Wells, Denver Water Board, spoke in support of the bill and described the management of Dillon Reservoir.
David Robbins, representing himself, submitted a letter of support for the bill (Attachment P).
Mark Singleton, American Whitewater, submitted a letter of opposition to the bill (Attachment Q).
07:09 PM
Testimony ended and Representative Hoppe closed her remarks.
BILL:
SB05-062
TIME:
07:14:05 PM
MOVED:
Hoppe
MOTION:
Moved Amendment L. 015. The motion passed without objection.
SECONDED:
Rose
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:
SB05-062
TIME:
07:17:16 PM
MOVED:
Hoppe
MOTION:
Moved Amendment L. 014, as amended. The motion passed without objection.
SECONDED:
Rose
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:
SB05-062
TIME:
07:22:14 PM
MOVED:
Harvey
MOTION:
Moved an amendment to Amendment L. 014. line 3, strike "MAN MADE OR NATURAL" and substitute "NATURAL FEATURES OR MAN MADE".
SECONDED:
Hoppe
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:
SB05-062
TIME:
07:23:57 PM
MOVED:
Hoppe
MOTION:
Moved Amendment L. 012. The motion passed without objection.
SECONDED:
Rose
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
07:26 PM
The committee recessed.
07:32 PM
The committee returned from recess and Representative Hoppe explained that the Colorado Water Congress Supports the bill.
BILL:
SB05-062
TIME:
07:33:28 PM
MOVED:
Harvey
MOTION:
Moved to refer SB05-062 to the Committee of the Whole, as a amended. A substitute motion to refer the bill to the Judiciary Committee failed on a 5-5 vote. The bill was laid over, for action only on Wednesday, March 23, upon adjournment.
SECONDED:
Hoppe
VOTE
Brophy
Gallegos
Harvey
Hodge
Hoppe
McFadyen
Penry
Rose
Solano
McKinley
Curry
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
BILL:
SB05-062
TIME:
07:36:03 PM
MOVED:
McFadyen
MOTION:
Moved a substitute motion to the Judiciary Committee, as amended. The motion failed on a vote of 5-5. [Representative Curry was excused from voting under House Rule 21c.]
SECONDED:
Gallegos
VOTE
Brophy
No
Gallegos
Yes
Harvey
No
Hodge
Yes
Hoppe
No
McFadyen
Yes
Penry
No
Rose
No
Solano
Yes
McKinley
Yes
Curry
Excused
Not Final YES:
5
NO:
5
EXC:
1
ABS:
0
FINAL ACTION:
TIE
07:37 PM
The committee
recessed.
07:44 PM
The committee returned from recess and the bill was laid over for action only on March 23, upon adjournment.