Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
Date:
03/14/2005
ATTENDANCE
Time:
01:40 PM
to
06:16 PM
Brophy
X
Gallegos
X
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:
HB05-1296
SB05-133
HB05-1298
Laid Over
Amended, Referred to the Committee of the Whole
Postponed Indefinitely
01:41 PM -- House Bill 05-1296
Representative Buescher, sponsor, described the provisions HB05-1296 concerning mitigation requirements for new water transfers out of an area-of-origin. Committee discussion following about the definition of provisions in the bill including "area of origin," "impairment," and "increased in cost."
The following persons testified on the bill:
01:52 PM --
Eric Kuhn, Colorado River Water Conservation District, spoke in support of the bill. He also described mitigation agreements related to west slope water storage projects and mitigation requirements for water transfers from the Colorado River Basin by a water conservancy district. He also described regulatory requirements that pertain to area of origin transfers, such as the Areas and Activity of State Interest Act (Section 24-65.1-101, et seq.) that is commonly known as "HB 1041 powers," and limits on transfers of agricultural water pertaining to payment in lieu of taxes and weed control.
02:02 PM --
Chips Berry, Denver Water Department, spoke in opposition to the bill and described principals of Colorado's doctrine of prior appropriation. He explained that ownership of water is established by applying unappropriated water to a legally recognized beneficial use. He also identified water protection measures in current state and federal law and described Denver Water's mitigation programs for its water transfers from Grand County in the Colorado River Basin (Attachments A and B).
02:30 PM --
Frank Weddig, Colorado Water Partnership, spoke in opposition to the bill.
02:35 PM --
Harvey Curtis, Harvey W. Curtis & Assoc., spoke in opposition to the bill. He also described limits in state law on retrospective laws and identified the types of property rights associated with water rights.
02:40 PM --
Tom Morris, Office of Legislative Legal Services, described the bill's effective date and responded to testimony about retroactive legislation.
02:48 PM --
Steve Simms, Colorado Water Congress, spoke in opposition to the bill and described 1041 powers of counties pertaining to water projects and limits on water transfers from the Colorado River Basin by a water conservancy district. He also compared the provisions of HB05-1296 with HB04-1040 that was postponed indefinitely and pertained to basin of origin transfers.
03:08 PM --
Peter Binny, City of Aurora, spoke in opposition to the bill and described current limits on water transfers. He also estimated water needs for Colorado in 30 years and described mitigation agreements between the City of Aurora and parties affected by the city's water transfers from Eagle County and the Arkansas River Basin.
03:18 PM --
Star Waring, Independent Shareholders Group, LLC., spoke in opposition to the bill and described proposed transfers of agricultural water rights from the Arkansas River Basin.
03:31 PM --
Duane Woodard, High Plains A & M, spoke in opposition to the bill and proposed amendments to define "enforceable mitigation agreements" and "prospective beneficial uses." He also described the alternative dispute resolution process as a method to address impacts from water transfers.
03:40 PM --
Garin Bray, Colorado Farm Bureau, spoke in opposition to the bill and described historic changes to legally recognized beneficial uses that have been expanded to include recreational in-channel diversions and other types of water uses.
03:44 PM --
Fred Heckmann, representing himself, spoke in opposition to the bill. He also described changing uses of agricultural water rights and compared the economic benefits derived from water used for agriculture and municipal purposes.
03:56 PM --
Anita Pointon, representing herself, spoke in opposition to the bill. She also described the economic challenges of farming and her efforts to increase the profitability of her farm in the Arkansas River Basin.
04:08 PM --
Wayne Vanderscheere, Colorado Springs Utilities, spoke in opposition to the bill and described protections in current law for areas of origin affected by water transfers.
04:12 PM --
Burt White Heckman, representing himself, spoke in opposition to the bill. He described the use of Fort Lyons Canal water by his farm in the Arkansas River Basin and the economic challenge of farming. He also described water court challenges to the application to change his agricultural water right that have been filed by affected counties and conservancy districts.
04:19 PM --
Kirk Klancke, Northwest Council of Governments, spoke in support of the bill and identified impacts from water transfers that are not addressed by current laws, such as HB 1041 powers.
04:23 PM --
Jerry Sonnenberg, Coloradans for Water Conservation and Development, spoke in opposition to the bill.
04:25 PM --
Bob Trout, Northern Colorado Water Conservancy District (NCWCD), spoke in support of the bill and described enforceable mitigation requirements that pertain to transfers from the Colorado River Basin by the NCWCD, such as a requirement to maintain the Green Mountain Reservoir in Summit County that stores water rights owned by water users in the Colorado River Basin. He also explained that the Lower Arkansas Water Conservancy District supports the bill.
04:38 PM
Representative Buescher closed his remarks. The bill was laid over and tentatively scheduled for action on Wednesday, March 16.
04:42 PM
The committee recessed.
05:04 PM -- Senate Bill 05-133
Representative Gallegos, sponsor, described the provisions of SB05-133 concerning overcoming abandonment of a water right if the water right is part of a water conservation, land fallowing, or water banking program.
The following persons testified on the bill:
05:09 PM --
Bill Paddock, Rio Grand Water Users Association, spoke in support of the bill. He described declines in the unconfined aquifer in the San Luis Valley and efforts to reduce use of the aquifer for irrigation of agriculture. He also proposed an amendment to page two of the reengrossed bill, line 15, after "A" insert "FEDERAL."
05:18 PM --
Jerry Sonnenberg, Coloradans for Water Conservation and Water Development, spoke in support of the bill and identified federal conservation programs.
05:22 PM --
Garin Bray, Colorado Farm Bureau, spoke in support of the bill.
05:22 PM --
Sara Duncan, Denver Water, spoke in support of the bill.
05:24 PM --
Kevin Bommer, Colorado Municipal League, spoke in support of the bill.
05:28 PM --
Hal Simpson, State Engineer, spoke in support of the bill and described the process of placing water rights on the decennial water right abandonment list.
05:31 PM --
Dick MacRavey, Colorado Water Congress, spoke in support of the bill.
05:32 PM
Testimony ended and Representative Gallegos described Amendment L. 004 that addresses Mr. Paddock's proposed amendment (Attachment C).
BILL:
SB05-133
TIME:
05:34:29 PM
MOVED:
Gallegos
MOTION:
Moved Amendment L. 004. The motion was adopted 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
BILL:
SB05-133
TIME:
05:34:59 PM
MOVED:
Gallegos
MOTION:
Moved SB05-133 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 11-0.
SECONDED:
McKinley
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
05:36 PM
The meeting recessed.
05:40 PM -- House Bill 05-1298
Representative Harvey, sponsor, described proposed amendments to HB05-1298 and the following amendments were distributed: Amendment L. 002 (Attachment D), Amendment L. 005 (Attachment E), Amendment L. 007 (Attachment F), Amendment L. 008 (Attachment G), Amendment L. 009 (Attachment H), Amendment L. 010 (Attachment I), and Amendment L. 015 (Attachment J). Testimony on HB05-1298 was provided on March 7.
BILL:
HB05-1298
TIME:
05:51:53 PM
MOVED:
Rose
MOTION:
Moved Amendment L. 015. The motion failed on a roll call vote of 5-6.
SECONDED:
Penry
VOTE
Brophy
Yes
Gallegos
No
Harvey
Yes
Hodge
No
Hoppe
No
McFadyen
No
Penry
Yes
Rose
Yes
Solano
No
McKinley
No
Curry
Yes
Not Final YES:
5
NO:
6
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1298
TIME:
05:59:57 PM
MOVED:
Harvey
MOTION:
Moved Amendment L. 002. The motion passed on a roll call vote of 6-5.
SECONDED:
Rose
VOTE
Brophy
Yes
Gallegos
No
Harvey
Yes
Hodge
Yes
Hoppe
No
McFadyen
No
Penry
Yes
Rose
Yes
Solano
No
McKinley
No
Curry
Yes
Not Final YES:
6
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
HB05-1298
TIME:
06:02:55 PM
MOVED:
Harvey
MOTION:
Moved Amendment L. 010. The motion passed without objection.
SECONDED:
Curry
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:
HB05-1298
TIME:
06:04:15 PM
MOVED:
Harvey
MOTION:
Moved Amendment L. 009. 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:
HB05-1298
TIME:
06:06:40 PM
MOVED:
Curry
MOTION:
Moved Amendment L. 007. The motion passed without objection
SECONDED:
Hoppe
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:
HB05-1298
TIME:
06:07:49 PM
MOVED:
Curry
MOTION:
Moved Amendment L. 008. 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
06:08 PM
Representative Harvey closed his remarks.
BILL:
HB05-1298
TIME:
06:09:52 PM
MOVED:
Harvey
MOTION:
Moved HB05-1298 to the Committee of the Whole, as amended. The motion failed on a roll call vote of 3-8.
SECONDED:
Brophy
VOTE
Brophy
Yes
Gallegos
No
Harvey
Yes
Hodge
Yes
Hoppe
No
McFadyen
No
Penry
No
Rose
No
Solano
No
McKinley
No
Curry
No
Not Final YES:
3
NO:
8
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1298
TIME:
06:15:01 PM
MOVED:
McFadyen
MOTION:
Moved to postpone indefinitely HB05-1298. The motion passed on a roll call vote of 9-2.
SECONDED:
Hodge
VOTE
Brophy
No
Gallegos
Yes
Harvey
No
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Penry
Yes
Rose
Yes
Solano
Yes
McKinley
Yes
Curry
Yes
Final YES:
9
NO:
2
EXC:
0
ABS:
0
FINAL ACTION:
PASS
06:17 PM
The meeting adjourned.