Senate Committee on Agriculture, Natural Resources & Energy (02/09/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES & ENERGY

Date:	02/09/2006	ATTENDANCE

Time:	01:41 PM to 05:10 PM	Brophy	X
		Entz	X
Place:	SCR 356	Groff	X
		Taylor	X
This Meeting was called to order by		Tochtrop	X
	Senator Isgar	Grossman	X
		Isgar	X
This Report was prepared by
	Geoff Johnson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-075 SB06-037		Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:41 PM -- Senate Bill 06-075

Senator Hanna, prime sponsor, presented SB 06-075 related to the offense of luring wildlife. She discussed a proposed amendment, L.002 which she said is "a compromise to the introduced bill." She said that she is bringing the bill to protect wildlife and people. She spoke of how coyotes attack dogs and the threat of attacks on children. Senator Entz asked if she believes that increasing the fines will solve the problem. Senator Hanna said that increased fines do make a difference.

01:58 PM -- Scott Hoover, Division of Wildlife, said that he supports the strike below amendment. He spoke of the detrimental effect of feeding wildlife. The Division's current regulations do not include skunks and racoons. He said that fines are generally increased in statute rather than in regulation. He commented on the increasing number of sightings of mountain lions. He said that generally, lions "like to kill what they eat" and so are not lured by feeding. He said that the Division encourages people to take in their hummingbird feeders at night. He said that the Division attempts to educate the public about the detriments of feeding wildlife.

02:07 PM -- Martha Smith, Colorado Federation of Animal Welfare Agencies, and Colorado Association of Animal Control Officers, said that this problem of feeding wildlife is increasing and is serious.

02:09 PM -- Jenn Bolton, Audubon Society of Colorado, supported the bill. She said that she agrees with Senator Taylor that some amendments to the definition of "urban area" may be necessary in the bill.

02:10 PM -- Shirley Casey, Colorado Wildlife Alliance and Wild Again, described her organizations, and her efforts to educate the public. She said that feeding wildlife is not good for wildlife or people. She said that the current fine level is insufficient.

02:14 PM -- Rob Edward, Sinapu, supported the bill. He said that he thinks the bill will help people to be better stewards of our wildlife. He thinks that the greater fine will help solve the problem.


BILL:	SB06-075
TIME:	02:18:14 PM
MOVED:	Grossman
MOTION:	Moves L.002 (Attachment A), a strike below amendment to the bill. The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Entz
	Groff
	Taylor
	Tochtrop
	Grossman
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-075
TIME:	02:21:11 PM
MOVED:	Taylor
MOTION:	Moved to strike language on page 1, lines 19-20 of the bill, and page 2, lines 1-6. The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Entz
	Groff
	Taylor
	Tochtrop
	Grossman
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-075
TIME:	02:29:40 PM
MOVED:	Grossman
MOTION:	Moved to amend L.002 (Attachment A) to strike "misdemeanor and substitute "petty offense." The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Entz
	Groff
	Taylor
	Tochtrop
	Grossman
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-075
TIME:	02:31:11 PM
MOVED:	Grossman
MOTION:	Moved to refer the bill to the Committee of the Whole, as amended. The motion passed 7-0.
SECONDED:
		VOTE
	Brophy	Yes
	Entz	Yes
	Groff	Yes
	Taylor	Yes
	Tochtrop	Yes
	Grossman	Yes
	Isgar	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:45 PM -- Senate Bill 06-037

Senator Isgar, prime sponsor, presented SB 06-037 relating to the adjudication of recreational in-channel diversions. He said that the issues addressed in the bill are important to Coloradans, and that this subject was earlier addressed in an interim committee. He said that he had input on the bill from the Colorado Water Congress, but they did not take a position on the bill.

02:50 PM -- Margy Robertson, Colorado Association of Realtors, supported the bill. She said that it addresses issues that are important to protecting the public good.
02:53 PM -- Mark Robbins, Colorado Whitewater Association, discussed the recreational impacts of the bill.

02:57 PM -- Cynthia Corell, Denver, testified against the bill, and commented on potential unintended consequences of the bill. She said that some of the proposed language will invite lawsuits.

03:09 PM -- Rick Sackbauer, Eagle River Water and Sanitation District, commented on the economic impact of kayaking in his area.

03:13 PM -- Jerry Mallet, Chaffee County Commissioner, spoke of the whitewater parks in his county, and opposed the bill. He said whitewater kayaking and rafting is an $80 million business in Colorado. He thinks that the bill could have some adverse impacts on the whitewater parks.

03:18 PM -- Jonathan Kahn, Denver, said that the current water rights for recreational users should not be diluted.

03:20 PM -- Arn Menconi, Eagle County, testified against the bill.

03:24 PM -- Ronni Sperling, Boulder, said that it is important that the bill not apply retroactively. She said that the bill may have constitutional problems otherwise. She commented on the "anti-speculation doctrine." She said that she does believe that a bill is necessary.

03:30 PM -- Larry MacDonnell, representing Golden, Pueblo, and Breckenridge, commented on constitutional diversions of water. He said that recreation is a recognized beneficial use. He believes that the bill raises constitutional questions. He said that junior appropriators cannot take water from senior water right owners.

03:37 PM -- Gary Lacy, Recreational Engineering and Planning, said that his company develops whitewater parks. He said that the sport is growing quickly in popularity and is a boon to local economies.

03:42 PM -- Ron Wolfe, Avon Mayor, commented on the benefits of a whitewater park to his town. He opposed the bill as written.

03:49 PM -- Drew Peternell, Trout Unlimited, commented on the "90 percent threshold," saying it is the most problematic provision of the bill. He said many stream flows of less than 90 percent still constitute valuable recreational experiences. He said that the intent of the bill is to limit the size of RICDs. He said that there already exists meaningful case law in this area. He commented on the "kayaking only" language.

03:55 PM -- Fritz Holleman, Steamboat Springs and Chaffee County, supported the streamlining of the bill. He commented on cases under way which touch on aspects of the bill. He said that the existing law is working, and that the bill is an invitation to a lawsuit which would not be successful.

04:03 PM -- Billy Harris, Denver, commented on the requirement that control structures to be designed by a professional engineer. He supports the existing language mandating the design by an engineer.

04:06 PM -- Don Shawkcroft, Colorado Farm Bureau, commented on the bill. He said that recreational water rights are the only rights that do not require that the water be taken out of the stream. He supported the bill.

04:09 PM -- Michael Ellsberry, American Council of Engineering Companies of Colorado, supported keeping the current professional engineering design requirement.

04:11 PM -- Chris Treese, Colorado River Districts, supported the bill. He said that the goal of the bill is to reduce litigation. He said that water rights can be conditioned. He supports the clarification of roles and definitions in the bill that have been the subject of litigation.

04:17 PM -- Chris Piper, Denver Water Department, said that the Department recognizes the importance of water rights in the state. He suggested two amendments to the bill, one amendment to page 4, line 19, concerning the "minimum language," and clarification of the definition of an RICD by L.001. He commented on the "90% threshold requirement" saying that the provision provides a balance between high flow and frequent use. He said that Denver Water supports leaving the "minimum" language in the bill.

04:24 PM -- Chris Treese, Colorado River District, clarified his positions on the bill for Senator Grossman.

04:25 PM -- Peggy Montana, Northern Colorado Water Conservancy District, commented on the "Upper Gunnison decision" of the Supreme Court. She commented on the "deminimus language" in the bill. She said that there is precedent for small depletions of senior water rights in Colorado.


BILL:	SB06-037
TIME:	04:42:27 PM
MOVED:	Isgar
MOTION:	Moved a prepared amendment to the bill, L.003, (Attachment B.) The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Entz
	Groff
	Taylor
	Tochtrop
	Grossman
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-037
TIME:	04:44:43 PM
MOVED:	Isgar
MOTION:	Moved a prepared amendment to the bill, L.004 (Attachment C.) The motion passed 5-2-0.
SECONDED:
		VOTE
	Brophy	Yes
	Entz	Yes
	Groff	No
	Taylor	Yes
	Tochtrop	Yes
	Grossman	No
	Isgar	Yes
Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB06-037
TIME:	04:54:11 PM
MOVED:	Isgar
MOTION:	Moved a prepared amendment to the bill, L.005 (Attachment D.) The motion passed 4-3-0.
SECONDED:
		VOTE
	Brophy	Yes
	Entz	Yes
	Groff	No
	Taylor	Yes
	Tochtrop	No
	Grossman	No
	Isgar	Yes
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB06-037
TIME:	04:55:45 PM
MOVED:	Isgar
MOTION:	Moved a prepared amendment to the bill, L.006 (Attachment E.) The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Entz
	Groff
	Taylor
	Tochtrop
	Grossman
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-037
TIME:	04:58:37 PM
MOVED:	Isgar
MOTION:	Page 6, line 21, strike language and substitute "would be produced by the call." The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Entz
	Groff
	Taylor
	Tochtrop
	Grossman
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-037
TIME:	05:01:25 PM
MOVED:	Grossman
MOTION:	Moved a prepared amendment to the bill, L.001 (Attachment F.) The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Entz
	Groff
	Taylor
	Tochtrop
	Grossman
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-037
TIME:	05:03:48 PM
MOVED:	Grossman
MOTION:	Moved to strike language on page 4 of the bill and substitute the language on lines 7-10 of L.007. The motion failed 2-4-1.
SECONDED:
		VOTE
	Brophy	No
	Entz	No
	Groff	Excused
	Taylor	No
	Tochtrop	Yes
	Grossman	Yes
	Isgar	No
Not Final YES: 2 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	SB06-037
TIME:	05:07:23 PM
MOVED:	Isgar
MOTION:	Moved that the bill, as amended, be referred to the Committee of the Whole. The motion passed 5-1-1.
SECONDED:
		VOTE
	Brophy	Yes
	Entz	Yes
	Groff	Excused
	Taylor	Yes
	Tochtrop	Yes
	Grossman	No
	Isgar	Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB06-037
TIME:	04:36:04 PM
MOVED:	Isgar
MOTION:	Moved a prepared amendment to the bill, L.002 (Attachment G), with two changes, adding language "or under the direct supervision of" and changing a statutory reference from "117" to "102". The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Entz
	Groff
	Taylor
	Tochtrop
	Grossman
	Isgar
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection