House Committee on Agriculture, Livestock, & Natural Resources (03/06/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	03/06/2006	ATTENDANCE

Time:	01:36 PM to 04:23 PM	Gallegos	X
		Gardner	X
Place:	LSB A	Harvey	X
		Hodge	X
This Meeting was called to order by		Hoppe	X
	Representative Curry	McFadyen	X
		Rose	X
This Report was prepared by		Solano	X
	David Beaujon	White	X
		McKinley	*
		Curry	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-140 SB06-132 HB06-1355 HB06-1352		Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to Finance Amended, Referred to the Committee of the Whole

01:37 PM -- Senate Bill 06-140

Representative White, sponsor, described the provisions of SB 06-140 that renames the Division of Mineral and Geology the Colorado Division of Reclamation, Mining, and Safety.

The following person testified on the bill:

01:39 PM -- Ron Cattany, Director of the Division of Mineral and Geology, spoke in support of the bill and explained that the name change will better reflect the functions of the division avoid confusion with the Geologic Survey which is also housed within the Colorado Department of Natural Resources.


BILL:	SB06-140
TIME:	01:40:29 PM
MOVED:	White
MOTION:	Moved to refer SB 06-140 Committee of the Whole,without amendment. The motion passed on a vote of 10-0.
SECONDED:	Rose
		VOTE
	Gallegos	Yes
	Gardner	Yes
	Harvey	Yes
	Hodge	Yes
	Hoppe	Yes
	McFadyen	Yes
	Rose	Yes
	Solano	Excused
	White	Yes
	McKinley	Yes
	Curry	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:42 PM -- Senate Bill 06-132

Representative Hodge, sponsor, described the provisions of SB 06-132 that continues the Domestic Wastewater Treatment Grant program.

The following persons testified on the bill:

01:44 PM -- Donna Davis, Colorado Department of Public Health and Environment, described the Domestic Wastewater Treatment Grant program and spoke in support of the bill.

01:45 PM -- Pat Ratliff, Colorado Counties, Inc., and Colorado Water Congress, spoke in support.


BILL:	SB06-132
TIME:	01:45:45 PM
MOVED:	Hodge
MOTION:	Moved to refer SB 06-132 to the Committee of the Whole, without amendment. The motion passed on a vote of 10-0.
SECONDED:	Gallegos
		VOTE
	Gallegos	Yes
	Gardner	Yes
	Harvey	Yes
	Hodge	Yes
	Hoppe	Yes
	McFadyen	Yes
	Rose	Yes
	Solano	Excused
	White	Yes
	McKinley	Yes
	Curry	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:46 PM -- House Bill 06-1355

Representative McKinley, sponsor, described the provisions of the bill that consolidates the regulations pertaining to auctions and raffles of big game licenses.

The following persons testified on the bill:

01:48 PM -- Rick Kahn, Division of Wildlife, identified the auctions and raffles of big game licenses administered by the division and the use of revenue raised from these sales. He also testified in support of the bill.

01:55 PM -- Ivan James, Colorado Bow Hunters Association, spoke in support of the bill.

01:57 PM -- Wayne East, Colorado Wildlife Federation, spoke in support of the bill.

01:59 PM -- Bob Melengracht, Mule Deer Foundation, spoke in support of the bill and described costs association with holding an auction and raffle for big game tags.

02:02 PM -- Allan Reishus, representing himself, spoke in support of the bill and described the benefits provided by auctions and raffles of big game licenses. He also explained the history of the auction and raffle program.

02:07 PM -- John Legnard, Rocky Mountain Big Horn Society, spoke in support of the bill and described costs associated with conducting auctions and raffles of big game licenses.

02:10 PM -- Rick Kahn returned to answer questions from the committee regarding use of revenue raised from auctions and raffles.


BILL:	HB06-1355
TIME:	02:10:18 PM
MOVED:	McKinley
MOTION:	Moved Amendment L. 001 (Attachment A). The motion passed without objection.
SECONDED:	Rose
		VOTE
	Gallegos
	Gardner
	Harvey
	Hodge
	Hoppe
	McFadyen
	Rose
	Solano
	White
	McKinley
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1355
TIME:	02:10:45 PM
MOVED:	McKinley
MOTION:	Moved to refer HB 06-1355 to the Committee on Finance, as amended. The motion passed on a vote of 10-0.
SECONDED:	Rose
		VOTE
	Gallegos	Yes
	Gardner	Yes
	Harvey	Excused
	Hodge	Yes
	Hoppe	Yes
	McFadyen	Yes
	Rose	Yes
	Solano	Yes
	White	Yes
	McKinley	Yes
	Curry	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

Rick Kahn, DOW, returned to answer questions from the committee regarding use of revenue raised from auctions and raffles.

02:15 PM -- House Bill 06-1352

Representative McFadyen, sponsor, described the provisions of the HB 06-1353 and Amendment L. 001 (Attachment B) concerning water rights adjudication and water quality issues. Amendment L. 001 replaces the main provisions of the bill. She also responded to questions from the committee.

02:23 PM -- Peter Nichols, Lower Arkansas Valley Water Conservancy District, spoke in support of the bill and Amendment L. 001. He also responded to questions from the committee regarding how water quality impacts would be determined and described the authority of the water court to impose terms and conditions on changes of water rights. He also identified recent water rights changes that were large enough to have been regulated by the bill if it had been in effect. He also said that Trout Unlimited supports the bill.

02:45 PM -- Pat Ratliff, El Paso County Water Authority, spoke in opposition to the bill.

02:47 PM -- Brian Nazarenus, Colorado Water Congress, East Cherry Creek Water and Sanitation District, Phelps Dodge Corp., spoke in opposition to the bill and described the authority of the Water Quality Control Commission to enforce water quality standards. He also described the current authority of the water court in changes of water rights and responded to questions from the committee regarding potential amendments to address his concerns. Mr. Nazarenus expressed concern that the water court would not have sufficient staff to assist with the review of water quality impacts pertaining to changes of water rights applications.

03:07 PM -- Mark Pifher, City of Aurora, spoke in opposition to the bill and described current regulation of water quality by the Water Quality Control Commission. He also responded to questions from the committee about proposed water projects for the City of Aurora.

03:24 PM -- Joe Dischinger, Coloradans for Water Conservation and Water Development, spoke in opposition to the bill and described the potential impact on existing water rights and future water development projects.

03:29 PM -- Diana Orf, Colorado Mining Association, spoke in opposition to the bill and expressed concern about its potential impact on water diversion projects and the ability of water rights owners to sell their water.

03:32 PM -- Jay Winner, Lower Arkansas Valley Water Conservancy District, spoke in support of the bill and expressed concern about the impact on small communities from transfers of agricultural water rights.

03:35 PM -- Randa Morlan, representing herself, expressed concern about impacts to the Arkansas River caused by water transfers.

03:37 PM -- Marie Newby, representing herself, expressed concern about impacts to the Arkansas River caused by water transfers.

03:39 PM -- Margaret Newby, representing herself, expressed concern about impacts to the Arkansas River caused by water transfers.

03:44 PM -- Donna Bamber, representing herself, expressed concern about impacts to the Arkansas River caused by water transfers.

03:44 PM -- John Singletery, Lower Arkansas Valley Water Conservancy District, spoke in support of the bill and described the history of prior legislation concerning water quality and the adjudication of water rights. He also responded to questions from the committee regarding the potential effect of the bill on interstate compact litigation.

03:56 PM -- Jimmy Dean, Rocky Mountain Farmers Union, spoke in support of the bill and expressed concern about water quality impacts from changes of water rights.

03:59 PM -- Bud O'Hara, Pueblo Board of Water Works, spoke in support of the bill and identified potential costs associated with water rights adjudication if the bill becomes law. He also responded to questions from the committee regarding proposed water transfers for the City of Pueblo that could be affected by the bill.

04:06 PM -- Peter Nichols returned to respond to questions from the committee and he addressed issues concerns about the bill raised in prior testimony.

04:13 PM

Representative McFadyen closed her remarks on the bill.


BILL:	HB06-1352
TIME:	04:13:19 PM
MOVED:	McFadyen
MOTION:	Moved Amendment L. 001. The motion passed without objection.
SECONDED:	White
		VOTE
	Gallegos
	Gardner
	Harvey
	Hodge
	Hoppe
	McFadyen
	Rose
	Solano
	White
	McKinley
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1352
TIME:	04:16:45 PM
MOVED:	McFadyen
MOTION:	Moved to refer HB 06-1352 to the Committee of the Whole, as amended. The motion passed on a vote of 6-5.
SECONDED:	Gallegos
		VOTE
	Gallegos	Yes
	Gardner	No
	Harvey	No
	Hodge	No
	Hoppe	No
	McFadyen	Yes
	Rose	No
	Solano	Yes
	White	Yes
	McKinley	Yes
	Curry	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:22 PM

The meeting was adjourned.