Final
BILL SUMMARY for HB05-1123

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes:
Action Taken:
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02:22 PM -- House Bill 05-1123

Representative McKinley, sponsor, described the provisions of his bill that imposes notification requirements on curtailment orders of the State Engineer. He also described a problem experienced by his constituent who failed to notice a curtailment order that had been placed on his well. Due to his oversight of the notice, the constituent continued pumping and was fined over $1,000. He also described the provisions of Amendment L. 001 and its effect on reducing the bill's state fiscal impact (see Attachment C).

The following person testified on the bill:

02:35 PM --
Hal Simpson, State Engineer, spoke in opposition to the bill because it impedes his ability to protect senior water rights from impacts caused by junior water diversions during times of shortage. He also described the duties of water commissioners regarding the administration of water rights. He explained that approximately 12,000 curtailment orders are issued each year for surface water rights and 2,000 are issued for wells. He also expressed concern about the fiscal impact of the bill and Amendment L. 001. Mr. Simpson described the adjudication process for wells and the well pumping rules for the Arkansas River Basin that were adopted in response to interstate compact litigation with Kansas.

02:52 PM

Representative McKinley described the provisions of Amendment L. 001 that changes the required notification process.

02:54 PM

The bill was laid over until Wednesday, January 26 for action only and the meeting was adjourned.