Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
Date:02/23/2005
ATTENDANCE
Time:10:13 AM to 12:49 PM
Brophy
X
Gallegos
X
Place:LSB A
Harvey
X
Hodge
X
This Meeting was called to order by
Hoppe
X
Representative Curry
McFadyen
*
Penry
X
This Report was prepared by
Rose
E
David Beaujon
Solano
X
McKinley
X
Curry
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1252
HB05-1259
Postponed Indefinitely
Postponed Indefinitely


10:13 AM -- House Bill 05-1252


Representative Massey, sponsor, described the provision of the bill that creates a panel to discuss the impact of water transfers from Water Division 2 that includes the Arkansas River Basin.

The following persons testified on the bill:

10:15 AM --
Garin Bray, Colorado Farm Bureau, spoke in opposition to the bill and described the growing demand for agricultural water transfers for domestic water supplies.

10:20 AM

Representative Massey distributed Amendment L. 001 (Attachment A) and Amendment L. 002 (Attachment B).

10:22 AM --
Chuck Ford, Colorado Water Congress, spoke in opposition to the bill.



10:24 AM --
Jim Broderick, Southeastern Colorado Water Conservancy District, spoke in opposition to the bill and described a 1999 water study that examined the effect of water transfers in the Arkansas River. Basin

10:35 AM --
Terry Scanga, Colorado Water Congress, spoke in opposition to the bill. He expressed concern that bill does not adequately identify the types of water transfers that would be examined and does not consider results from prior water studies.

10:40 AM --
Brad Young, representing himself, spoke in support of the bill. He also described completed water studies and the challenge of finding money to pay for the proposed study.

11:00 AM

Testimony was closed. Representative Massey described the provisions of Amendment L. 001 and its effect on the bill's fiscal note.
BILL:HB05-1252
TIME: 11:02:57 AM
MOVED:Penry
MOTION:Moved Amendment L. 001. The motion passed without objection.
SECONDED:Gallegos
VOTE
Brophy
Gallegos
Harvey
Hodge
Hoppe
McFadyen
Penry
Rose
Excused
Solano
McKinley
Curry
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection




11:00 AM

Representative Curry severed Amendment L. 002 into two sections. Lines 1 through 10 of Amendment L.002 was designated as Section A, and lines 11 through 13 of Amendment L. 002 was designated as Section B.
BILL:HB05-1252
TIME: 11:03:26 AM
MOVED:Penry
MOTION:Moved Section A of Amendment L.002, as amended on lines 1, 4, and 9. The motion passed without objection.
SECONDED:Gallegos
VOTE
Brophy
Gallegos
Harvey
Hodge
Hoppe
McFadyen
Penry
Rose
Excused
Solano
McKinley
Curry
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1252
TIME: 11:06:19 AM
MOVED:Hoppe
MOTION:Moved to amend Section A of Amendment L. 002, on lines 1, 4, and 9, after "INTERBASIN" insert "AND INTRABASIN". The motion passed without objection.
SECONDED:Harvey
VOTE
Brophy
Gallegos
Harvey
Hodge
Hoppe
McFadyen
Penry
Rose
Excused
Solano
McKinley
Curry
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB05-1252
TIME: 11:10:01 AM
MOVED:McFadyen
MOTION:Moved Section B of Amendment L. 002. The motion was adopted on a roll call vote of 9-1.
SECONDED:Gallegos
VOTE
Brophy
Yes
Gallegos
Yes
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Penry
Yes
Rose
Excused
Solano
Yes
McKinley
Yes
Curry
No
Not Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


11:12 AM

Committee discussion followed about the bill's fiscal note and whether HB 05-1252 should be referred to the Committee on Appropriations.
BILL:HB05-1252
TIME: 11:13:52 AM
MOVED:Penry
MOTION:Moved HB05-1252, to the Committee on Appropriations, as amended. The motion failed on a roll call vote of 5-5.
SECONDED:McFadyen
VOTE
Brophy
No
Gallegos
Yes
Harvey
Yes
Hodge
No
Hoppe
No
McFadyen
Yes
Penry
Yes
Rose
Excused
Solano
No
McKinley
No
Curry
Yes
Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:HB05-1252
TIME: 11:20:36 AM
MOVED:Hoppe
MOTION:Moved to postpone indefinitely HB05-1252. The motion passed on a roll call vote of 6-4.
SECONDED:Hodge
VOTE
Brophy
Yes
Gallegos
No
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
No
Penry
No
Rose
Excused
Solano
Yes
McKinley
Yes
Curry
No
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


11:22 AM

The meeting recessed.


11:32 AM -- House Bill 05-1259

Representative Penry, sponsor, described the provisions of HB05-1259 that creates the Colorado Roadless Review Task Force and identified the area of the state that would be subject to the review. He also described a federal court decision concerning the 2001 federal rule for the management of roadless areas in U.S. Forest Service lands. He explained that the Bush administration is reviewing this rule and has proposed a change to allow states to petition the Secretary of Agriculture to promulgate state-specific rules for managing inventoried roadless areas on National Forest system lands (Attachment C). He also summarized a letter from Mark Rey, Undersecretary of Natural Resources and Environment expressing support for HB05-1259 (Attachment D).

The following persons testified on the bill:

11:41 AM --
Mickie Hackenberger, Colorado Ski Country, spoke in support of the bill.

11:42 AM --
Steve Bonowski, Colorado Republicans for Environmental Protection, spoke in opposition to the bill and described the economic benefits obtained from roadless areas (Attachment E). He also expressed concern about membership of the task force and the time commitment to serve on it.



11:49 AM

Representative Brophy described the provisions of Amendment L. 001 (Attachment F) and Amendment L. 002 (Attachment G) that changes the task force's membership.

11:53 AM --
Vera Smith, Colorado Mountain Club, spoke in opposition to the bill and described her organization's effort to identify roadless areas in Colorado. She summarized comments submitted during the 2001 rule making process and the current rule review process (Attachment H) and expressed concern about the cost of conducting another roadless review process. She also expressed concern about the membership of the Roadless Review Task Force.

12:08 PM --
Kelsey Alexander, Colorado Timber Industry Association, spoke in support of the bill.
.
12:12 PM --
Diana Orf, Colorado Mining Association, Arch Coal, spoke in support of the bill and described existing mining operations and leases in Colorado that are within areas designated in 2001 as roadless.
12:12 PM --
Stuart Sanderson, Colorado Mining Association, spoke in support of the bill and described the economic benefit obtained from mining. He also identified Colorado coal mining operations affected by the 2001 rule.

12:19 PM --
Greg Schaefer, Arch Coal, spoke in support of the bill and expressed concern about the information used to designate federal roadless areas in 2001 (Attachment I). He also explained that some areas that were designated as roadless included areas that had mining roads prior to being restored.



12:26 PM

Testimony was closed and Representative Curry described the provisions of Amendment L. 001.
BILL:HB05-1259
TIME: 12:30:51 PM
MOVED:Curry
MOTION:Moved Amendment L. 001. The motion failed on a roll call vote of 3-7.
SECONDED:Brophy
VOTE
Brophy
No
Gallegos
No
Harvey
No
Hodge
No
Hoppe
Yes
McFadyen
No
Penry
Yes
Rose
Excused
Solano
No
McKinley
No
Curry
Yes
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:HB05-1259
TIME: 12:32:26 PM
MOVED:Brophy
MOTION:Moved Amendment L. 002 that amends Amendment L. 001. The motion failed on a tie vote of 5-5.
SECONDED:Hoppe
VOTE
Brophy
Yes
Gallegos
No
Harvey
Yes
Hodge
No
Hoppe
Yes
McFadyen
No
Penry
Yes
Rose
Excused
Solano
No
McKinley
No
Curry
Yes
Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:HB05-1259
TIME: 12:36:09 PM
MOVED:Penry
MOTION:Moved HB05-1259 to the Committee on Appropriations, without amendment. The motion failed on a tie roll call vote of 5-5.
SECONDED:Hoppe
VOTE
Brophy
Yes
Gallegos
No
Harvey
Yes
Hodge
No
Hoppe
Yes
McFadyen
No
Penry
Yes
Rose
Excused
Solano
No
McKinley
Yes
Curry
No
Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE


12:40 PM

The meeting recessed.
BILL:HB05-1259
TIME: 12:40:27 PM
MOVED:Hodge
MOTION:Moved to postpone indefinitely HB05-1259. The motion passed on a roll call vote of 6-4.
SECONDED:Gallegos
VOTE
Brophy
No
Gallegos
Yes
Harvey
No
Hodge
Yes
Hoppe
No
McFadyen
Yes
Penry
No
Rose
Excused
Solano
Yes
McKinley
Yes
Curry
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS




12:49 PM

The meeting was adjourned.