Final
BILL SUMMARY for SB05-062

SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES & ENERGY

Votes:
Action Taken:
Moved a conceptual amendment to amend L.002, page
Moved amendment L.002, which is a strike below adm
Moved amendment L.003 (Attachment P). The motion
Moved amendment L.006 (Attachment Q), which contai
Moved to refer SB 05-062, as amended, to the Commi		PASS
PASS
Pass Without Objection
PASS
PASS




01:39 PM -- Senate Bill 05-062

Senator Taylor summarized the bill concerning additional requirements applicable to the adjudication of a recreational in-channel diversion (RICD), and distributed a handout to the committee on the bill (Attachment D).


01:42 PM

Senator Grossman asked how the case pending before U.S. Supreme Court concerning the Gunnison River would impact this bill if passed. Senator Taylor said the legislature is not obligated to wait on this issue, and that he feels it is best to move forward on it, rather than waiting for the outcome of the case.


01:44 PM -- Tom Sharp, representing the Colorado River District and himself, testified in favor of the bill. He said the Supreme Court decision would not address issues that the bill is addressing, such as what kind of recreation is allowed for a RICD, what a controlled structure is, and other issues.


01:46 PM

Senator Grossman asked whether the issues addressed in the bill addresses could be impacted by the Supreme Court decision. Mr. Sharp responded.

01:48 PM

Senator Grossman asked about the 350 cubic feet per second (cfs) limitation issue in proposed amendment L.002 and its accompanying fiscal note (Attachment K), which was distributed to the committee. Mr. Sharp responded.

The following individuals testified:

01:52 PM -- Glenn Porzak, representing multiple entities, including the towns of Breckenridge and Vail, cities of Steamboat Springs and Golden, Chaffee and Summit Counties, Eagle River Water and Sanitation District, Vail Resorts, Clinton Reservoir Company, and Eagle Park Reservoir Company, testified in opposition to the bill. He said that SB 01-216, which was signed into law, already provides proper guidance on the issue of RICDs.

02:09 PM -- Dan Hartman, City of Golden, testified in opposition to the bill. He noted the economic value RICDs have brought to Golden, and distributed a handout to the committee illustrating the various necessary cfs flows for certain recreational river activities (Attachment E).

02:14 PM -- Rick Sackbauer, representing City of Vail and the Eagle River Water and Sanitation District, testified in opposition to the bill.


02:15 PM

Mr. Sharp spoke about the intention of amendment L.002.


02:17 PM -- Arn Merconi, an Eagle County commissioner, testified in opposition to the bill. He expressed concern that the bill is special interest legislation, which Senator Taylor denied.


02:22 PM -- Ian Anderson, Vail Commission on Special Events, testified in opposition to the bill. He stated that each kayak park requires different amounts of flow (cfs), which the bill does not allow, since anything above 350 cfs is deemed wasteful.


02:25 PM -- Ken Brenner, city council member with the City of Steamboat Springs Council member, testified in opposition to the bill. He stated that the city council is unanimously opposed to the bill, and that river recreation is a primary economic driver for Steamboat Springs outside of the ski season. He said he believes SB 01-216 addressed the issue of RICDs adequately, and that this bill is creating a problem that does not exist.


02:28 PM

Senator Taylor addressed some of Mr. Brenner's concerns, especially in regard to the use of the language "decreed" in the bill.


02:31 PM -- Kent Vertrees, manager of Blue Sky West, a Steamboat Springs river outfitter, testified in opposition to the bill. He noted his opposition to the 350 cfs flow requirement in the bill, and distributed a handout to the committee from the editor of Paddler magazine opposing the bill (Attachment F).


02:39 PM -- Rod Kuharich, Director of the Colorado Water Conservation Board (CWCB), testified. He stated the board has not taken a position on this bill, so he is unable to as well. However, he said the bill is consistent with CWCB's policy. A handout summarizing his testimony was distributed to the committee (Attachment G)

02:41 PM

Senator Entz commented that he carried SB 01-216, and heard some of the same testimony against that bill that he has been hearing today. He said that there was testimony that the sky would fall if SB 01-216 passed, but it did not turn out that way.

02:41 PM

Senator Grossman asked if the CWCB was not taking a stand on this bill due to the pending Gunnison River case before the U.S. Supreme Court. Mr. Kuharich responded.

02:42 PM -- Ted Kowalski with CWCB testified how the CWCB policy concerning a 350 cfs flow for RICDs was developed after passage of SB 01-216. A handout summarizing CWCB's RICD policy (Attachment H), and another handout summarizing Mr. Kowalski's testimony (Attachment I) were distributed to the committee. Senator Grossman asked how the bill, if passed, would impact the CWCB's 350 cfs policy. Mr. Kowalski said he believed the 350 cfs language from SB 01-216 would be retained, and not impacted. Senator Grossman asked about the exclusion of the language "reasonable recreation experience" in amendment L.002. Mr. Sharp responded.

02:50 PM

Senator Taylor noted other parties present in support of the bill, and requested that they all stand up, which they did.


02:52 PM -- Mr. Sharp testified again in support of the bill, noting rules adopted by the CWCB in regard to SB 01-216 and RICDs. He said the bill would not be retroactive to RICD water rights already granted, or pending.


02:54 PM -- Don Schwindt, representing the Southwest Water Conservation District (SWCD), testified in favor of the bill. He distributed a handout to the committee summarizing his testimony (Attachment J), and handout from the President of SWCD, Fred Kroeger, summarizing SWCD's support for the bill (Attachment K).


02:58 PM -- Anne Castle, representing the town of Minturn, City of Pueblo, and the Aspen Ski Company, testified in opposition to the bill. She said the majority of RICD water rights are supported by the communities where those rights are located, and distributed a handout to the committee summarizing her testimony (Attachment L).

03:03 PM -- Cynthia Covell, representing the Upper Gunnison River Water Conservancy District, and the City of Aspen, testified in opposition to the bill.


03:07 PM -- Tim Glenn and Jerry Mallett with the Chaffee County Board of Commissioners testified in opposition to the bill, and distributed a handout to the committee summarizing the Board of Commissioners position on the bill (Attachment M).


03:10 PM -- Drew Paternell, Trout Unlimited, testified in opposition to the bill. He noted his concern that the bill excludes certain recreational opportunities for RICD water rights.


03:11 PM

A handout from the President of the Colorado Association of Ski Towns, Paul Strong, summarizing CAST's opposition to the bill, was distributed to the committee (Attachment N).

BILL:SB05-062
TIME: 03:12:57 PM
MOVED:Taylor
MOTION:Moved to refer SB 05-062, as amended, to the Committee of the Whole. The motion passed 4-3.
SECONDED:
VOTE
Entz
Yes
Groff
No
Hillman
Yes
Taylor
Yes
Tochtrop
No
Grossman
No
Isgar
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:SB05-062
TIME: 03:15:45 PM
MOVED:Taylor
MOTION:Moved amendment L.002, which is a strike below admendment (Attachment O). The motion passed 7-0.
SECONDED:
VOTE
Entz
Yes
Groff
Yes
Hillman
Yes
Taylor
Yes
Tochtrop
Yes
Grossman
Yes
Isgar
Yes
Not Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:SB05-062
TIME: 03:24:25 PM
MOVED:Taylor
MOTION:Moved amendment L.003 (Attachment P). The motion passed without objection.
SECONDED:
VOTE
Entz
Groff
Hillman
Excused
Taylor
Tochtrop
Grossman
Isgar
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-062
TIME: 03:25:24 PM
MOVED:Taylor
MOTION:Moved a conceptual amendment to amend L.002, page 2, line 16, strike "decreed"; line 17, strike "water right or conditional"; line 19, strike "January 1, 2005" and substitute "February 17, 2005." The motion passed 4-3.
SECONDED:
VOTE
Entz
Yes
Groff
No
Hillman
Yes
Taylor
Yes
Tochtrop
No
Grossman
No
Isgar
Yes
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:SB05-062
TIME: 03:33:06 PM
MOVED:Taylor
MOTION:Moved amendment L.006 (Attachment Q), which contained a verbal amendment to delete "decrees for which" and add "which" after "applications" on line 4, and to add after "February 17, 2005" on line 4, "It shall not apply to diligence applications, or applications to make absolute conditional water rights for a RICD whos original application was filed prior to February 17, 2005." The motion passed 4-3.
SECONDED:
VOTE
Entz
Yes
Groff
No
Hillman
Yes
Taylor
Yes
Tochtrop
No
Grossman
No
Isgar
Yes
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS