Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
Date:
03/07/2005
ATTENDANCE
Time:
01:42 PM
to
07:36 PM
Brophy
X
Gallegos
E*
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:
SB05-011
SB05-033
HB05-1298
SB05-045
HB05-1185
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Laid Over
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
01:43 PM -- Senate Bill 05-011
Representative Hoppe, sponsor, described the provisions of SB05-011 concerning the Colorado Water Resources and Power Development Authority's revolving loan fund for drinking water and water quality control programs (Attachment A).
The following person testified on the bill:
01:45 PM --
Dan Law, Executive Director of the Colorado Water Resources and Power Development Authority, spoke in support of the bill (Attachment B and C).
01:48 PM
Testimony was closed.
BILL:
SB05-011
TIME:
01:48:55 PM
MOVED:
Hoppe
MOTION:
Moved to refer SB05-011 to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 11-0.
SECONDED:
Rose
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
01:50 PM -- Senate Bill 05-033
Representative Curry, sponsor, described the provisions of SB05-011 that returns the approval of projects for the Drinking Water Revolving Fund and the Water Pollution Control Revolving Fund project eligibility lists to a joint resolution process from the currently required bill process (Attachment D).
The following person testified on the bill:
01:53 PM --
Dan Law, Executive Director of the Colorado Water Resources and Power Development Authority, Colorado Water Congress, spoke in support of the bill. He also described recent changes to the approval process for the loans.
01:55 PM
Testimony was closed.
BILL:
SB05-033
TIME:
01:55:54 PM
MOVED:
Rose
MOTION:
Moved SB05-033, to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 11-0.
SECONDED:
Penry
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
01:57 PM -- House Bill 05-1298
Representative Harvey, sponsor, described the provisions of HB05-1298 concerning the Douglas-Arapahoe Water Conservation District and described the water needs of the area included within the proposed district (Attachment E). He explained that much of the district is reliant on the Denver Basin Aquifer, a nonrenewable and rapidly depleting resource. This area includes some of the fastest growing communities in the state. Representative Harvey described the issues addressed by South Metro Water Supply Study and identified potential sources of water for the proposed district including water from Dillon and Chatfield reservoirs.
The following persons testified on the bill:
02:14 PM
-- Chris Treese, Colorado River Water Conservation District, spoke in opposition to the bill. He also expressed concern about inadequate mitigation requirements to protect water users in the Colorado River Basin from diversions to the proposed district.
02:22 PM --
Malinda Kassen, Trout Unlimited, spoke in opposition to the bill and described the purpose the four water conservation districts that have been created. Unlike the proposed district, the current districts were formed to conserve water for beneficial use within the district's boarders. She also proposed alternative mechanisms for forming a water districts and described the mitigation requirements for water transfers from the Colorado River Basin by a water conservancy district.
02:43 PM --
Darrell Phippen, representing himself, spoke in opposition to the bill and expressed concern about the impact to his ranch from a proposed Penley Reservoir that may be built to supply water to the south metropolitan area (Attachment F).
02:49 PM --
Jennifer Phippen, representing herself, spoke in opposition to the bill and the eminent domain powers of the proposed water conservation district.
02:51 PM --
Thomas Couzens, representing himself, spoke in opposition to the bill. He also expressed concern about the eminent domain powers of the proposed water conservation district and the potential impacts from water storage projects.
02:58 PM --
Peggy Montano, Northern Colorado Water Conservancy District, Lower Arkansas Water Conservancy District, spoke in opposition to the bill and described future water shortages in the South Platte and Arkansas River basins. She also proposed an amendment to include mitigation requirements similar to those limiting water transfers from the Colorado River Basin by a water conservancy district (37-45-118 (1) (b) (II), Colorado Revised Statutes).
03:08 PM --
Charles Oriez, South Platte Regional Group of the Sierra Club, expressed concern about the environmental impact of water storage projects for the proposed water conservation district. He also proposed amendment concerning the appointment process for the district's board.
03:12 PM --
Lynn Myers, Arapahoe County, spoke support of the bill and described efforts to develop provisions of the bill.
03:14 PM --
Steve Boand, Douglas County Commissioner, spoke in support of the bill and explained why the proposed water district should be formed as a water conservation district rather than a water conservancy district. He also described water supply challenges in the proposed district and addressed earlier testimony regarding the proposed Penley Reservoir and identified provisions of the bill pertaining to domestic water conservation measures.
03:25 PM --
Chetter Latcham, Southeast Business Partnership, spoke in support of the bill and described the impact of rising water costs associated with continued use of the Denver Basin Aquifer.
03:34 PM --
Steve Ormiston, Centennial Water District, spoke in support of the bill and described water conservation powers in the bill including water rates to encourage efficient water use and conjunctive use of surface and ground water resources.
03:36 PM --
Mark Shively, South Metro Water Authority, spoke in support of the bill and described the cost of potential water supply projects identified by the South Metro Water Supply Study.
03:39 PM --
Jack McCormick, representing himself, spoke in support of the bill and described the impact of declining ground water resources in the South Metro area.
03:48 PM
The meeting recessed.
04:02 PM
The Committee returned from recess and testimony resumed.
04:03 PM --
Charlie Krogh, Pinery Water and Waste Water District, spoke in support of the bill.
04:05 PM --
Ray Waterman, Town of Castle Rock, spoke in support of the bill and described his town's water conservation program.
04:07 PM --
John Hendrick, Centennial Water and Sanitation District, spoke in support of the bill and identified the location of diversions for his district's water rights on the South Platte River. He also described the need for eminent domain to acquire property for the proposed water conservation district.
04:18 PM --
Pat Mulhern, South Metro Water Authority, spoke in support of the bill and described water supply challenges affecting the South Metro area. He also responded to questions from the committee regarding efforts to limit growth and water demand in the south metro area.
04:33 PM --
Hal Simpson, State Engineer, spoke in support of the bill and described the Denver Basin Aquifer. He also described the law regulating the use of the Denver Basin Aquifer and the effect of declining ground water levels on the cost of well pumping.
04:36 PM --
Kristi Pollard, Southeast Business Partnership, spoke in support of the bill and described the process that helped develop the provision of the HB05-1298.
04:41 PM --
Gary Atkin, Arapahoe County Water and Waste Water District, spoke in support of the bill and described water supply challenges and projected growth in his district.
04:44 PM --
Frank Jaeger, Parker Water and Sanitation District, commented on mitigation requirements for the proposed water conservation district.
04:47 PM
Testimony was closed and representative Harvey made closing remarks. The bill was laid over.
04:52 PM -- Senate Bill 05-045
Representative Rose, sponsor, described the provisions of SB05-045 concerning management of recreation at facilities owned by water districts, water and sanitation districts, and water conservancy districts.
The following person testified on the bill:
04:56 PM --
Frank Jaeger, Parker Water and Sanitation District, spoke in support of the bill and described the powers of recreation districts. He also identified recreational facilities on reservoirs including Chatfield Reservoir and identified potential sources of conflicts between the reservoir owners and operators of recreational facilities.
05:01 PM
Testimony ended and Representative Rose closed his remarks.
BILL:
SB05-045
TIME:
05:02:10 PM
MOVED:
Rose
MOTION:
Moved to refer SB05-45 to the Committee of Whole, without amendment. The motion passed on a roll call vote of 11-0.
SECONDED:
Harvey
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
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.