Final
BILL SUMMARY for HB05-1185

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes:
Action Taken:
Moved Amendment L 007, as amended. The motion pas
Moved Amendment L 009, as amended (Attachment L).
Moved Amendment L. 008 (Attachment K). The motion
Moved HB05-1185 to the Committee of the Whole, as 		Pass Without Objection
Pass Without Objection
PASS
PASS



05:03 PM -- House Bill 05-1185

Representative Brophy, sponsor, described the provisions of Amendment L. 007 (Attachment G and Attachment H). He also explained a memorandum from the Office of Legislative Legal Services that explained the limits on the committee's ability to amend the bill due prior action by the Committee of the Whole on the February 9, 2005 Committee report (Attachment I).

The following persons testified on the bill.

05:11 PM -- Tom Morris, Office of Legislative Legal Services, responded to questions from the committee regarding limits on amendments that may be considered due to action by the Committee of Whole on March 1, 2005.

05:12 PM -- Don Fritzler, Pawnee Well Users Association, spoke in opposition to the bill and described the impact of pumping by wells in the Central Colorado Water Conservancy District on Pruit Reservoir's water right.

05:28 PM -- Vince Gerkin, representing himself, spoke in opposition to the bill and described the impacts to water rights on the Lower South Platte River from drought and well depletions.

05:34 PM -- Manuel Montoya, Farmers Irrigation and Reservoir Company (FRICO), spoke in opposition to the bill and Amendment L. 007. He also spoke in support of requiring all substitute supply plans to be approved by the water court.

05:38 PM -- Tim Buchanon, Harmony Ditch Company, North Sterling Irrigation District, spoke in opposition to the bill and described the impact of water shortages on farmers in the district. He also expressed concern about potential sources of replacement water for depletions caused by wells in the Central Colorado Water Conservancy District. Mr. Buchanon requested that a sunset provision be added to the bill.

05:49 PM -- Steven Jensen, Henry Lynn Irrigation District, spoke in opposition to the bill and expressed concern about the potential impact of certain substitute supply plans on water users in the South Platte River (Attachment J).

05:59 PM -- John Hendrick, Centennial Water and Sanitation District, spoke in opposition to the bill and described the impact of unreplaced well depletions on his district's water rights.

06:02 PM -- Hal Simpson, State Engineer, spoke in support of Amendment L. 007 and explained that over 1,000 wells have been shut down by his office due to violations of well pumping requirements. He also responded to questions from the committee regarding the potential fiscal impact from Amendment L. 007.

06:09 PM -- Andy Jones, Central Colorado Water Conservancy District, spoke in support of Amendment L. 007 and responded to prior testimony about the injury caused by depletions of wells that in the district.

06:22 PM -- Peggy Montano, Northern Colorado Water Conservancy District, spoke in support of Amendment L.007 and responded to prior testimony regarding the potential use of water from the Colorado Big Thompson Project for temporary substitute supplies to offset well depletions.

06:25 PM -- Ray Christensen, Colorado Farm Bureau, commented on the bill and Amendment L 007. He also commented on a proposed amendment to limit use of agriculture water in augmentation plans.

06:31 PM -- Matt Edmundson, Arbor Valley Nursery, spoke in support of the bill and responded to questions about the potential impact to the nursery industry if its irrigation wells are prohibited from pumping.

06:32 PM -- Mike Jeronimus, Green Acres Nursery, spoke in support of Amendment L. 007.

06:32 PM -- Frank Eckhardt Jr., Consolidated Ditch Company, spoke in support of the bill and described the impact of water shortages in the South Platte River Basin.

06:42 PM -- Don Ament, Commissioner of Agriculture, spoke in support of Amendment L. 007 and identified other factors that may be causing water shortages in the South Platte River Basin including drought, forest management practices, and clogged stream channels. He also described state programs to improve administration of water rights such as the South Platte River Decisions Support System. Committee discussion followed about the State Engineer's ability to protect senior water rights if amendment L. 007 passes.

06:58 PM -- Tom Cech, Central Colorado Water Conservancy District, spoke in support of Amendment L. 007 and responded to prior testimony about impacts caused by wells within his district.

07:06 PM -- Rob Sakata, Sakata Farms, identified potential causes of water shortages in the South Platte Rivers Basins including drought and diversions by senior water rights.

07:11 PM

Testimony ended and Representative Brophy responded to questions from the committee.

07:13 PM -- Mr. Cech returned to respond to questions from the committee concerning the purpose of the five-year limit for the operation of temporary changes of water rights.

07:16 PM

Representative Brophy closed his remarks.

BILL:HB05-1185
TIME: 07:18:08 PM
MOVED:Brophy
MOTION:Moved Amendment L 007, as amended. 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

07:18 PM

The committee recessed.


07:30 PM

The committee returned from recess.

BILL:HB05-1185
TIME: 07:21:02 PM
MOVED:Curry
MOTION:Moved Amendment L. 008 (Attachment K). The motion passed on a roll call vote of 7-4.
SECONDED:Hodge
VOTE
Brophy
No
Gallegos
No
Harvey
No
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Penry
Yes
Rose
Yes
Solano
Yes
McKinley
No
Curry
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB05-1185
TIME: 07:18:50 PM
MOVED:McFadyen
MOTION:Moved Amendment L 009, as amended (Attachment L). The repeal date in the amendment was changed from 2015 to 2010. 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:HB05-1185
TIME: 07:30:00 PM
MOVED:Rose
MOTION:Moved HB05-1185 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 7-4.
SECONDED:Brophy
VOTE
Brophy
Yes
Gallegos
No
Harvey
No
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Penry
Yes
Rose
Yes
Solano
No
McKinley
No
Curry
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS




07:35 PM

The meeting adjourned.