Final
BILL SUMMARY for HB05-1298

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes:
Action Taken:
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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 -- Darrelll 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.