Senate Committee on Agriculture, Natural Resources & Energy (05/03/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES & ENERGY

Date:	05/03/2006	ATTENDANCE

Time:	11:35 AM to 03:46 PM	Brophy	X
		Entz	X
Place:	SCR 353	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:
Conf 06-Wildlife Commission SJR06-048 HB06-1408 HB06-1409 HB06-1352		Recommended. To Full Senate, Amended. Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

11:36 AM

Russell George, Department of Natural Resources, commented on the appointments to the Commission.

11:41 AM -- Jeff Crawford, Craig, commented on his reappointment to the Commission.

11:41 AM -- Brad Coors, Littleton, commented on the appointment to the Commission.

11:41 AM -- Roy McAnally commented on his appointment to the Commission.


BILL:	Conf 06-Wildlife Commission
TIME:	11:43:19 AM
MOVED:	Taylor
MOTION:	Moved to recommend the three appointees to the Wildlife Commission to the Full Senate. The motion passed 5-0-2.
SECONDED:
		VOTE
	Brophy	Yes
	Entz	Yes
	Groff	Excused
	Taylor	Yes
	Tochtrop	Yes
	Grossman	Excused
	Isgar	Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

11:45 AM

Senator Kester, prime sponsor, commented on the resolution addressing power production for economic development in rural Colorado.

11:46 AM -- Bill Long, Bent County, supported the resolution.

11:50 AM -- Gene Millbrand, Prowers County, commented on economic difficulties in his county.

11:54 AM -- Loretta Kennedy, Pueblo County, commented on the resolution.

11:57 AM -- Matt Heimerich, Crowley County, supported the resolution. He commented on the export of water rights from his county.

11:59 AM -- Frank Wallace, Bent County, commented on the need for transmission lines for electricity in Southern Colorado.

12:01 PM -- Kevin Harney, Otero County, commented on economic difficulties in the county.

12:04 PM -- LeRoy Mauch, Prowers County, supported the resolution.

12:04 PM -- Linden Gilt, Bent County, supported the resolution and said that there is a chance that the county could be an "energy center."

12:07 PM -- Glen Ausmus, Baca County, supported the resolution.

12:08 PM -- Lee Boughey, Tri-State Generation and Transmission, said that he recognizes the challenge that rural areas face in attracting economic development. He commented on the economic impact of Tri-State in south-eastern Colorado.


BILL:	SJR 06-048
TIME:	12:16:02 PM
MOVED:	Isgar
MOTION:	Moved a prepared amendment to the resolution, L.005 (Attachment A.) 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:	SJR 06-048
TIME:	12:21:01 PM
MOVED:	Isgar
MOTION:	Moved that the resolution be referred to the Full Senate, as amended. The motion passed 6-0-1.
SECONDED:
		VOTE
	Brophy	Yes
	Entz	Yes
	Groff	Yes
	Taylor	Excused
	Tochtrop	Yes
	Grossman	Yes
	Isgar	Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:47 PM -- House Bill 06-1408

Senator Taylor, prime sponsor, commented on the bill which addresses a recent Attorney General's opinion concerning off-site ground water monitoring wells in mining operations.

01:50 PM -- Bruce Humphries, Division of Minerals and Geology, supported the bill.

01:50 PM -- Dianna Orf, Colorado Mining Association, supported the bill.

01:51 PM -- Scott Lewis, said that the bill will perpetuate the status quo and supported the bill. He said the location of wells would be made more complicated without the bill. He said that the bill exempts both existing and future wells.

01:57 PM -- M.L. Tucker, LaFarge, supported the bill.


BILL:	HB06-1408
TIME:	02:00:00 PM
MOVED:	Taylor
MOTION:	Moved that Section #3 of the bill be stricken and that a safety clause be substituted. 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:	HB06-1408
TIME:	02:01:28 PM
MOVED:	Taylor
MOTION:	Moved that the bill be referred to the Committee of the Whole, and with a recommendation that it be placed on the Consent Calendar, as amended. The motion passed 4-0-3.
SECONDED:
		VOTE
	Brophy	Yes
	Entz	Yes
	Groff	Excused
	Taylor	Yes
	Tochtrop	Excused
	Grossman	Excused
	Isgar	Yes
Final YES: 4 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

02:05 PM -- House Bill 06-1409

Senator Tochtrop, prime sponsor, said that the bill would expand authority to have simulcasting of greyhound racing. She said that the greyhound racing industry is struggling in Colorado.

02:08 PM -- Eric Morgan, Colorado Greyhound Kennel Association, said that the bill does not increase the number of days of simulcasting or the number of facilities. He supported the bill.

02:10 PM -- Dan Hartman, Director, Division of Racing Events, was present to answer questions.
02:10 PM -- Danny Williams, Wembley, supported the bill. He said that 120 days of racing per day is currently allowed. He said that the number of participants is declining in recent years.


BILL:	HB06-1409
TIME:	02:18:27 PM
MOVED:	Tochtrop
MOTION:	Moved that the bill be referred to the Committee of the Whole and with a recommendation that it be placed on the Consent Calendar. The motion passed 5-0-2.
SECONDED:
		VOTE
	Brophy	Yes
	Entz	Yes
	Groff	Excused
	Taylor	Yes
	Tochtrop	Yes
	Grossman	Excused
	Isgar	Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:25 PM -- House Bill 06-1352

Senator Gordon, prime sponsor, commented on the bill which concerns an expansion of the jurisdiction of water judges to address the effects of a water right adjudication on water quality.

02:27 PM -- Peter Nichols, Lower Arkansas Valley Water Conservancy District, commented on the bill.

02:39 PM -- Danny Williams, Colorado River Conservation District, supported the bill and said that the bill will ensure that water quality mitigation is conducted by the party causing the impact.

02:42 PM -- John Singletary, Lower Arkansas Conservancy District, supported the bill.

02:48 PM -- Jay Winner, Lower Arkansas Conservancy District, said that he is representing small communities, that cannot meet drinking water standards. He said that the bill will help small communities.

02:50 PM -- Sarah Duncan, Denver Water Board, supported the bill due to the fact that she believes that courts will impose their own standards if no bill is adopted, that the bill provides uniformity, and that the bill "deals with consumptive use per year." She said that the bill is a significant change in the way that business is conducted in the water community.

02:55 PM -- Jimmy Dean, Rocky Mountain Farmer's Union, supported the bill. He said that the bill will prevent agricultural communities from the burden of cleaning up water, and will give direction to water courts.

02:58 PM -- Dianna Orf, Colorado Mining Association, opposed the bill. She said that the bill will put a tremendous burden on the water courts. She said that the industry is concerned about their ability to transfer water rights in the future.

03:03 PM -- Jerry Sonnenberg, Coloradans for Water Conservation and Development, and Colorado Farm Bureau, said that the bill could strangle economic development.

03:05 PM -- Rick Fendel, Colorado Water Congress, opposed the bill. He commented on the impacts of the bill. He said that the intent and effect of the bill is to stop water transfers.

03:18 PM -- Peter Nichols, Lower Arkansas Valley Water Conservancy District, responded to objections made to the bill.

03:24 PM -- Rick Fendel, Colorado Water Congress, commented on downstream impacts and said that reducing agricultural runoff improves water quality.

03:31 PM -- Dianna Orf, Colorado Mining Association, commented further on the bill.

03:33 PM -- Sarah Duncan, Denver Water Board, commented further on the bill.


BILL:	HB06-1352
TIME:	03:38:27 PM
MOVED:	Brophy
MOTION:	Moved to add language to Page 3, line 3 of the bill. "This paragraph (e) shall not apply if the applicant seeks to change the right to an industrial use." The motion failed 2-5-0.
SECONDED:
		VOTE
	Brophy	Yes
	Entz	No
	Groff	No
	Taylor	Yes
	Tochtrop	No
	Grossman	No
	Isgar	No
Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1352
TIME:	03:45:05 PM
MOVED:	Grossman
MOTION:	Moved that the bill be referred to the Committee of the Whole, as amended. The motion passed 4-3-0.
SECONDED:
		VOTE
	Brophy	No
	Entz	Yes
	Groff	Yes
	Taylor	No
	Tochtrop	No
	Grossman	Yes
	Isgar	Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1352
TIME:	03:37:08 PM
MOVED:	Grossman
MOTION:	Moved a prepared amendment to the bill, L.0011 (Attachment A). 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:	HB06-1352
TIME:	03:37:08 PM
MOVED:	Grossman
MOTION:	Moved a prepared amendment to the bill, L.0011 (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