Final
STAFF SUMMARY OF MEETING
SENATE
COMMITTEE ON
AGRICULTURE, NATURAL RESOURCES & ENERGY
Date:
02/24/2005
ATTENDANCE
Time:
01:45 PM
to
02:47 PM
Entz
X
Groff
X
Place:
SCR 353
Hillman
X
Taylor
X
This Meeting was called to order by
Tochtrop
X
Senator
Isgar
Grossman
X
Isgar
X
This Report was prepared by
Timothy Taylor
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
Conf 05-Great Outdoors Colorado Board
Conf 05-Colorado Water Conservation Board
HB05-1039
HB05-1156
Favorable Recommendation
Favorable Recommendation
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
01:47 PM -- Confirmation Hearing for Nominees to the Board of the Great Outdoors Colorado Trust Fund (GOCO)
Senator Isgar asked how long each of the nominees had been on the board, since both had been serving in place of previous board members that had resigned. Nominee Margaret "Peggy" Reeves stated she had been serving on the board since June 2004, and nominee Kathleen "Kae" B. Rader said she had been serving since August 2004. Senator Isgar asked what their experiences had been so far on the board. Ms. Reeves responded, and described the grant cycle process at GOCO. A copy of each nominee's appointment letter, application, and resume are attached (Attachment A).
01:50 PM
Ms. Rader described her experiences on the GOCO board, and noted that she was particularly impressed with the peer review component of the GOCO grant application process.
01:52 PM
Senator Hillman asked Ms. Rader to describe the difference, in her opinion, between a private foundation grant process and a public grant process, such as with the GOCO board. Ms. Rader said that the due diligence similar to what she has experienced with the GOCO grant process was also a part of the grant process she saw at El Pomar, a private foundation whose board she worked on. She noted such similarities as grant applicant site visits, talking with grant applicant staff to obtain information, and the requiring of certain budget documents.
BILL:
Conf 05-Great Outdoors Colorado Board
TIME:
01:54:22 PM
MOVED:
Grossman
MOTION:
Moved to favorably refer the names of Kathleen B. Rader and Margaret Reeves as nominees of the Board of the Great Outdoors Colorado Trust Fund to the full Senate. The motion passed 7-0.
SECONDED:
VOTE
Entz
Yes
Groff
Yes
Hillman
Yes
Taylor
Yes
Tochtrop
Yes
Grossman
Yes
Isgar
Yes
Final
YES:
7
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
01:56 PM -- Confirmation Hearing for Nominees to the Colorado Water Conservation Board (CWCB)
Rod Kuharich, Director of the CWCB, stated that Russell George, Executive Director of the Department of Natural Resource, had expressed full confidence in the nominees for the CWCB. Senator Isgar asked nominee Donald W. Schwindt to describe his experience serving on the CWCB, since Mr. Schwindt was being reappointed. Mr. Schwindt said that he has learned a lot in his time on the board, and that he thinks the board has a tremendous responsibility in regard to setting water policy for the state. A copy of each nominee's appointment letter, application, and resume are attached (Attachment B).
01:59 PM
Senator Isgar asked nominee Travis L. Smith to provide information on his background and experience. Mr. Smith responded that he had been involved in water administration for close to 30 years, and provided details on this.
02:00 PM
Senator Entz commented that he thought all the CWCB nominees would do a good job if confirmed.
02:02 PM
Senator Isgar asked for the whereabouts of nominee Harold E. Miskel, since he was not present. Mr. Kuharich said that Mr. Miskel was out of town, and unable to make it to the confirmation hearing. Senator Isgar stated he was interested in moving Mr. Miskel's nomination forward along with Mr. Schwindt's and Mr. Smith's nomination to the full Senate.
BILL:
Conf 05-Colorado Water Conservation Board
TIME:
02:07:47 PM
MOVED:
Entz
MOTION:
Moved to favorably refer the names of Harold E. Miskel, Donald W. Schwindt, and Travis L. Smith as members of the Water Conservation Board to the full Senate. The motion passed 7-0.
SECONDED:
VOTE
Entz
Yes
Groff
Yes
Hillman
Yes
Taylor
Yes
Tochtrop
Yes
Grossman
Yes
Isgar
Yes
Final YES:
7
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:10 PM -- House Bill 05-1039
Senator Isgar gave an overview of the bill concerning the conditions pursuant to which loans of water rights may be made for instream flow purposes.
02:12 PM
Senator Hillman asked whether the water loans in this bill would be made by the water right owners simply for instream flow purposes or whether there would be any kind of monetary consideration, and if a water right could be subject to both a loan for instream flow purposes and an interruptible water supply plan. Senator Isgar responded.
02:14 PM --
Garin Bray, Colorado Farm Bureau, testified in opposition to the bill.
02:15 PM
Senator Hillman asked Ms. Bray if she thought there was a substantial difference between the opportunity to object to the instream flow process in this bill versus the opportunity to object to the interruptible water supply plan approved last year. Ms. Bray said she did not know.
02:16 PM
Senator Isgar gave his final comments on the bill.
BILL:
HB05-1039
TIME:
02:18:17 PM
MOVED:
Isgar
MOTION:
Moved to refer HB 05-1039 to the Committee of the Whole. The motion passed 7-0.
SECONDED:
VOTE
Entz
Yes
Groff
Yes
Hillman
Yes
Taylor
Yes
Tochtrop
Yes
Grossman
Yes
Isgar
Yes
Final
YES:
7
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:19 PM -- House Bill 05-1156
Senator Grossman gave an overview of the bill concerning notification requirements applicable to the determination of a water right.
02:22 PM
Senator Taylor asked how the bill would assure that all affected individuals would be notified by a water right applicant to the water court, as noted in page 2, line 11 and 12 of the bill, and what the available recourse would be for affected individuals not notified. Senator Grossman responded that an individual who was not notified of a water right application could file a claim upon discovery of the water right application at a later date.
The following individuals testified:
02:26 PM --
Sherry Kester, Colorado Judicial Department, testified in favor of the bill. She explained the no fiscal impact determination of the bill by the department, noting that any bill resulting in $30,000 or less in fiscal expenditures or savings is not considered to have a fiscal impact. She also addressed Senator Taylor's question in more detail regarding notification of affected individuals by a water right applicant, noting that affected individual not notified do have methods for recourse.
02:29 PM --
Lauris Larie, clerk for the 19th Judicial District, testified in favor of the bill.
02:32 PM --
Veronica Sperling, Colorado Water Congress, testified in favor of the bill with proposed amendment L.002 (Attachment C). She walked through amendment L.002 and described it in more detail.
BILL:
HB05-1156
TIME:
02:47:20 PM
MOVED:
Grossman
MOTION:
Moved to refer HB 05-1156, as amended, to the Committee of the Whole. The motion passed 7-0.
SECONDED:
VOTE
Entz
Yes
Groff
Yes
Hillman
Yes
Taylor
Yes
Tochtrop
Yes
Grossman
Yes
Isgar
Yes
Final
YES:
7
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
HB05-1156
TIME:
02:47:32 PM
MOVED:
Grossman
MOTION:
Moved amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Entz
Groff
Hillman
Taylor
Tochtrop
Grossman
Isgar
Not Final
YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection