Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:02/02/2015
ATTENDANCE
Time:01:32 AM to 07:37 PM
Arndt
X
Becker J.
X
Place:HCR 0112
Brown
X
Buck
X
This Meeting was called to order by
Coram
X
Representative Vigil
Danielson
X
Dore
*
This Report was prepared by
Ginal
X
Meghan O'Connor
Lebsock
X
Mitsch Bush
X
Saine
*
Becker K.
X
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1006
HB15-1038
HB15-1016		Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole
Laid Over


01:34 PM -- HB 15-1006

Representative Coram, sponsor, presented House Bill 15-1006, an interim committee bill from the Water Resources Review Committee (WRRC), concerning the establishment of a grant program for the management of invasive phreatophytes. Representative Coram distributed a photographs to the committee (Attachment A) and provided the committee background on invasive phreatophytes. Invasive phreatophytes are deep-rooted plants, such as Tamarisk and Russian-Olive, that consume water from the water table of the layer of soil just above the water table. Tamarisk and other invasive phreatophytes consume water that would otherwise be available for native vegetation or for beneficial uses. The bill would establish a five-year grant program for the management of invasive phreatophytes. Representative Coram answered questions from the committee and discussion ensued regarding the bill.

150202 AttachA.pdf150202 AttachA.pdf


01:44 PM -- Rusty Lloyd, Tamarisk Coalition, testified remotely in support of the bill. Mr. Lloyd gave the committee information regarding invasive phreatophytes and the impact they have on water supply and water quality. Mr. Lloyd answered questions from the committee regarding the collaboration between the Tamarisk Coalition and the state to eradicate invasive phreatophytes and how the Tamarisk Coalition is funded. Copies of Mr. Lloyd's testimony were distributed to the committee (Attachment B).

150202 AttachB.pdf150202 AttachB.pdf

01:55 PM -- Avrie Waite, New Emerson Elementary School, testified remotely in support of the bill. Ms. Waite responded to questions from the committee regarding her school's program to help with the management of invasive phreatophytes.

01:59 PM -- Betsy Bair, Grand Junction Area of Commerce, testified remotely in support of the bill. Ms. Bair also explained the involvement of a fourth grade class at New Emerson Elementary in Grand Junction, Colorado.

02:01 PM -- Bonnie Petersen, Associated Governments of Northwestern Colorado, testified remotely in support of the bill.

02:05 PM -- Elese Stone, New Emerson Elementary School, testified remotely in support of the bill.

02:08 PM -- Isabella Koppenhafer, New Emerson Elementary School, testified remotely in support of the bill.

02:10 PM -- Maddie Sites, New Emerson Elementary School, testified remotely in support of the bill.

02:12 PM -- Marc Catlin, Montrose County, testified remotely in support of the bill. Mr. Catlin explained how eradicating invasive phreatophytes would return water to the rivers in the state, benefitting the state as a whole. Mr. Catlin explained that he took part in a recent project to remove phreatophytes from riparian areas and that community members should be involved in eradicating these types of plants.

02:18 PM -- Parker Hines, New Emerson Elementary School, testified remotely in support of the bill.

02:20 PM -- Phyllis Norris, Mayor of Grand Junction, testified remotely in support of the bill. Ms. Norris explained the efforts already being made by the City of Grand Junction to eradicate cottonwood plants and noted that a grant program would expand those efforts.

02:23 PM -- Rose Pugliese, Chair of Mesa County Board of County Commissioners, testified remotely in support of the bill.

02:25 PM -- Royce Bair, New Emerson Elementary School, testified remotely in support of the bill.

02:27 PM -- Stacy Beaugh, Executive Director, Tamarisk Coalition, testified remotely in support of the bill. Ms. Beaugh explained that rivers in riparian areas are important to the recreational economy of the state and invasive phreatophytes negatively effect the rivers. Ms. Beaugh described several programs that the Tamarisk Coalitions is involved in to eliminate phreatophytes, some of which encourage at-risk youth and other members of the community to get involved with the cause. She noted that a five-year program would be beneficial and would help amass the grant funding with other current funding.




02:33 PM -- Abby Burk, Auduban Rockies, Western Rivers Active Network, testified against the bill. Ms. Burk explained the benefits of phreatophyte species in riparin areas, including providing for certain species in those areas and stabilizing the environment. Ms. Burk noted some endangered riparian birds species that depend on phreatophytes for their habitats. Ms. Burk would support the bill with an amendment that would specify that only invasive non-native phreatophytes would be eradicated.

02:38 PM -- Nicholas Colglazier, Colorado Farm Bureau, testified in support of the bill. Committee discussion ensued on Amendment L.002 (Attachment C), referred to by Mr. Colglazier. The amendment provides that funding for the Phreatophyte Grant Program would come through the Severence Tax Operational Fund, rather than the General Fund. Mr. Colglazier explained why a statewide grant program would benefit the state and answered further questions from the committee.

150202 AttachC.pdf150202 AttachC.pdf

02:51 PM

Representative Coram answered further questions from the committee regarding the management of invasive phreatophytes, and Mr. Colglazier further described the importance of management programs to mitigate damage done by invasive phreatophytes.

02:55 PM -- Nancy Stocker, representing herself, testified against the bill. She explained that she would support the bill with an amendment specifying that non-native phreatophytes would be the focus of the management program. Ms. Stocker answered questions from the committee regarding native phreatophytes and whether or not those species should be more controlled. Representative Coram responded to concerns raised by Ms. Stocker.

03:01 PM -- Dick Jefferies, Colorado Trout Unlimited, testified against the bill as it is written. Mr. Jefferies expressed concerns with the definition of phreatophytes and the need to specify the type of invasive phreatophytes that the grant program will attempt to manage. Mr. Jefferies responded to questions from the committee regarding native phreatophytes versus non-native phreatophyte and the Invasive Phreatophyte Control Program within the Colorado Water Conservation Board (CWCB).

03:08 PM -- Fred Raish, Colorado Weed Management Association, testified in support of the bill. He gave the committee his background and explained why it is important to manage invasive phreatophytes. .

03:13 PM -- Jana Rapetti, President Colorado Weed Management Association (CWMA), testified in support of the bill and explained the various efforts that the CWMA has made towards managing invasive phreatophytes. Ms. Rapetti read a statement from Tina Booton, President-elect of the CWMA.

03:16 PM -- Chris Treese, Colorado River Water Conservation District (CRWCD), testified in support of the bill. Mr. Treese noted that CRWCD has been involved with the mitigation of invasive phreatophytes such as Russian-Olive and Tamarisk. Mr. Treese responded to questions from the committee regarding the structure of the grant program, how the grant would be funded, and the best way to implement the grant program.


03:26 PM -- Emily Brumit, Water Policy Analyst Colorado Water Congress (CWC), CWC State Affairs Committee, and Andy Jones, Colorado Water Congress, testified in support of the bill as drafted. Mr. Jones explained that the CWC found broad support for the bill. Mr. Jones also spoke in support of the bill on behalf of Central Water Conservancy District and the South Platte Water Conservancy District. Mr. Jones gave his reasons for the Central and South Platte Water Districts supporting the bill, specifically citing the recent House Bill 12-1278 study on the rising groundwater levels in those areas. Ms. Brumit and Mr. Jones answered questions from the committee.

03:31 PM -- Jen Boulton, Colorado Audubon Committee, spoke about the bill and explained that she would support the bill if it was amended to specify that only non-native phreatophyte species would be apart of the grant program. Ms. Boulton also noted that the bill is open to anyone who seeks to apply for a grant to eliminate phreatophytes rather than strictly professionals seeking to manage phreatophytes and discussed other amendments she would support. Ms. Boulton responded to questions from the committee.

03:36 PM -- Eric Lane, Director of Conservation Services, Colorado Department of Agriculture, testified in support of the bill. Mr. Lane explained some of the negative impacts that invasive phreatophytes, Tamarisk in particular. Mr. Lane also addressed some of the concerns raised in earlier testimony. Mr. Lane responded to questions from the committee concerning the Noxious Weed Act and how the Act applies to the grant program.

03:45 PM -- Maggy Christenssen, Aurora Utilities and the City of Aurora, testified in support of the bill.

03:46 PM -- Charles W. Sylvester, representing himself, testified in support of the bill. Mr. Sylvester specifically referred to the damage done in the South Platte River Basin caused by invasive phreatophytes.


03:53 PM -- Robert Logenbaugh, representing himself, testified in support of the bill and explained his background working on phreatophyte mitigation in the Arkansas and South Platte River Basins. Mr. Logenbaugh also explained damage caused by invasive phreatophyte growth in the Republic River Basin and referenced the recent House Bill 12-1278 study regarding high groundwater levels and how it relates to the issue of invasive phreatophytes in the South Platte Basin.
BILL:HB15-1006
TIME: 04:00:06 PM
MOVED:Coram
MOTION:Adopt amendment L.002 (Attachment C). The motion passed on a vote of 11-2.
SECONDED:Saine
VOTE
Arndt
Yes
Becker J.
Yes
Brown
Yes
Buck
Yes
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
No
Mitsch Bush
No
Saine
Yes
Becker K.
Yes
Vigil
Yes
YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


Rep. KC Becker distributed amendment L.006 (Attachment D) and committee discussion ensued.

150202 AttachD.pdf150202 AttachD.pdf
BILL:HB15-1006
TIME: 04:12:29 PM
MOVED:Becker J.
MOTION:Adopt amendment L.006. The motion passed on a vote of 7-6.
SECONDED:Lebsock
VOTE
Arndt
Yes
Becker J.
No
Brown
No
Buck
No
Coram
No
Danielson
Yes
Dore
No
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
No
Becker K.
Yes
Vigil
Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

The committee took a brief recess.

4:18 PM

The committee came back to order.


Representative Mitsch-Bush distributed Amendment L.005 (Attachment E), and committee discussion ensued. Jennifer Berman, Office of Legislative Legal Services, responded to questions from the committee regarding the amendment.

150202 AttachE.pdf150202 AttachE.pdf
BILL:HB15-1006
TIME: 04:23:17 PM
MOVED:Mitsch Bush
MOTION:Adopt amendment L.005. The motion passed on a vote of 7-6.
SECONDED:Becker K.
VOTE
Arndt
Yes
Becker J.
No
Brown
No
Buck
No
Coram
No
Danielson
Yes
Dore
No
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
No
Becker K.
Yes
Vigil
Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB15-1006
TIME: 04:30:53 PM
MOVED:Coram
MOTION:Refer House Bill 15-1006, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:Becker J.
VOTE
Arndt
Yes
Becker J.
Yes
Brown
Yes
Buck
Yes
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
Yes
Becker K.
Yes
Vigil
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:40 PM -- HB 15-1038

The committee came back to order, and Representative Arndt, sponsor, presented House Bill 15-1038, concerning the use of flexible water markets. A water right is a property interest that may be sold or transferred provided that no other water right is injured and the transfer is approved by the division water court. Currently, an applicant seeking to change the beneficial use of a water right in water court must designate a specific alternative beneficial use at the time of application. The bill would create a more flexible change-in-use system that would allow an applicant who seeks to implement fallowing, regulated deficit irrigation, reduced consumptive use cropping, or other alternatives to permanent agriculture dry-up of irrigated lands to apply for a change in use to any beneficial use, without designating the specific beneficial use to which the water will be applied. Representative Arndt distributed Amendment L.001 (Attachment F) and Amendment L.002 (Attachment G) and responded to questions from the committee. Representative Arndt invited Andy Jones, Colorado Water Congress, to answer questions from the committee regarding specifics of the bill.

150202 AttachF.pdf150202 AttachF.pdf150202 AttachG.pdf150202 AttachG.pdf

04:57 PM -- Chris Treese, Colorado River Water Conservation District, testified against the bill as introduced. Mr. Treese noted that he supports Amendment L.002, and he expressed his concerns with the bill, specifically concerning Colorado's anti-speculation doctrine and the involvement of the water court process in the flexible market.







05:03 PM -- Andy Jones, representing himself, and Peggy Montano, Northern Colorado Water Conservancy District (NCWCD), testified in support of the bill. Mr. Jones gave a brief description of the bill for the committee and explained some of the consequences of agricultural buy-and-dry in order to transfer water to municipalities on the eastern slope of the state. Mr. Jones explained some technical aspects of the bill. Mr. Jones responded to questions from the committee regarding the need for alternatives to agriculture buy-and-dry and how alternative transfer mechanisms would operate and mitigate the occurrence of agricultural dry-up.

05:25 PM -- Ms. Montano made her comments regarding the bill and explained to the committee that the NCWCD has worked on amendments to the bill, which she explained to the committee. Ms. Montano addressed concerns raised in previous testimony regarding the water court process and how often water users would have to participate in water court proceedings.

05:27 PM -- Chris Goemans, Colorado State University, testified in support of the bill. Mr. Goemans expressed concern for how water will be allocated out of agriculture to municipalities and responded to questions about the value of water and water transactions.

05:42 PM -- Rick Fendel, Pikes Peak Regional Water Authority, testified in support of the bill. He discussed the impacts of the 2010 Statewide Water Supply Initiative study conducted by the CWCB.

05:46 PM -- Dave Eckhardt, representing himself, testified in support of the bill. He discussed the importance of keeping water in the agricultural community and flexibility to transfer water at the water user's discretion.

05:48 PM -- Theresa Conley, Conservation Colorado, Ducks Unlimited, testified in support of the bill. Ms. Conley explained that many organizations have been involved in creating a market based solution to agricultural dry-up and alternative transfer methods, such as the flexible water market, would help to mitigate agricultural dry-up.

05:52 PM -- Robert Logenbaugh, representing himself, testified in support of the bill.


05:53 PM -- Diana Orf, testified in support of the bill.
BILL:HB15-1038
TIME: 05:54:25 PM
MOVED:Arndt
MOTION:Adopt amendment L.001. The motion passed without objection.
SECONDED:Danielson
VOTE
Arndt
Becker J.
Brown
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB15-1038
TIME: 05:55:41 PM
MOVED:Brown
MOTION:Adopt amendment L.002. The amendment was withdrawn.
SECONDED:
VOTE
Arndt
Becker J.
Brown
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:HB15-1038
TIME: 06:01:06 PM
MOVED:Coram
MOTION:Adopt amendment L.004 (Attachment H). The amendment was ruled as a settled question.
SECONDED:Brown
VOTE
Arndt
Becker J.
Brown
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

150202 AttachH.pdf150202 AttachH.pdf

BILL:HB15-1038
TIME: 06:04:20 PM
MOVED:Brown
MOTION:Adopt amendment L.003(Attachment I). The motion failed on a vote of 5-8.
SECONDED:Coram
VOTE
Arndt
No
Becker J.
Yes
Brown
Yes
Buck
Yes
Coram
Yes
Danielson
No
Dore
Yes
Ginal
No
Lebsock
No
Mitsch Bush
No
Saine
No
Becker K.
No
Vigil
No
YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL

150202 AttachI.pdf150202 AttachI.pdf


Representative Arndt concluded her comments on House Bill 15-1038.
BILL:HB15-1038
TIME: 06:08:45 PM
MOVED:Arndt
MOTION:Refer House Bill 15-1038, as amended, to the Committee of the Whole. The motion passed on a vote of 9-4.
SECONDED:Danielson
VOTE
Arndt
Yes
Becker J.
No
Brown
No
Buck
Yes
Coram
No
Danielson
Yes
Dore
No
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
Yes
Becker K.
Yes
Vigil
Yes
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

The committee took a brief recess.

06:12 PM -- HB 15-1016

The committee came back to order, and Representative Coram, sponsor, presented House Bill 15-1016. Precipitation collection, also called rainwater or precipitation harvesting, occurs when runoff from an impervious surface is intercepted and applied to a beneficial use. In 2009, the legislature passed a law that allows precipitation to be collected from the roof of a home, as well as a bill authorizing a ten-year pilot program for the collection of precipitation from rooftops for nonpotable uses. The pilot program can include up to ten new residential or mixed-use developments that are to be selected by the CWCB and the State Engineer. The purpose of the program is to develop data and methods to measure local precipitation, native plant consumption, and groundwater flow. The bill would expand the types of projects that are eligible for precipitation harvesting pilot projects to include the redevelopment of residential housing or mixed uses and new or redeveloped multi-building nonresidential property. The bill also would direct the CWCB to update its approval criteria that sponsors of precipitation harvesting pilot projects can use for substitute water supply and augmentation plans.

06:12 PM -- Kevin Reidy, Colorado Water Conservation Board, spoke about the bill but noted that CWCB and the Department of Natural Resources (DNR) have not taken an official stance on the bill.


06:15 PM -- Julie McKenna, Northern Colorado Water Conservancy District, spoke about the bill and noted that the district has taken a neutral stance on the bill as introduced but would oppose the bill with a proposed amendment. In response to questions from the committee regarding the proposed amendment, Representative Mitsch Bush distributed L.001 (Attachment J) to the committee.

150202 AttachJ.pdf150202 AttachJ.pdf

06:18 PM

The committee took a brief recess.

06:25 PM

The committee came back to order. Representative Vigil explained that because the committee did not receive amendment L.001 before the committee meeting, in accordance with the 24-hour rule applying to multi-page and "strike everything below the enacting clause" amendments, the committee will hear testimony on the bill and lay the bill over for action only Wednesday, February 4, 2015, upon adjournment.

06:28 PM -- Harold Smethills , Sterling Ranch, testified in support of the bill and distributed a presentation, "Dominion Water and Sanitation, Colorado's First Rainwater Site," to the committee (Attachment K). Mr. Smethills explained the precipitation harvesting study program being conducted at Sterling Ranch and the benefits of rainwater harvesting. He explained that there are so few precipitation harvesting programs currently due to the lack of funds and the amount of barriers preventing more programs being developed and expressed concerns concerning the augmentation aspect of the bill.

150202 AttachK.pdf150202 AttachK.pdf

06:38 PM -- Carolyn Burr, Dominion Water and Sanitation District, testified in support of the bill and explained aspects of the current program in Sterling Ranch. She noted that regional factors are used to determine how many other projects could be developed. Because Sterling Ranch is the only program currently, other regions of the sate do not have any incentive to develop projects. Ms. Burr also explained aspects of Amendment L.001.
.
06:43 PM -- Beorn Courtney, Sterling Ranch, CWCB, testified in support of the bill. She explained why the bill as written would not provide incentives for other regions throughout the state to develop precipitation harvesting pilot projects. Ms. Courtney explained the reasoning behind aspects of Amendment L.001.

06:49 PM

Mr. Smethills, Ms. Burr, and Ms. Courtney responded to questions from the committee. A "fact sheet" about Amendment L.001 was distributed to the committee (Attachment L).

150202 AttachL.pdf150202 AttachL.pdf


06:52 PM -- Chris Treese, Colorado River Water Conservation District, testified in support of the bill. He explained the importance of providing incentives for future pilot projects to be developed. Mr. Treese responded to questions from the committee regarding the impact of precipitation harvesting projects on vegetation and plant species in the area wherein a project exists.

06:57 PM -- Chris Piper, Denver Water, testified in support of the bill. Mr. Piper expressed Denver Water's interest in participating in a precipitation harvesting pilot project and expressed support for Amendment L.001. Mr. Piper responded to questions from the committee regarding Amendment L.001, specifically the requirement that a sponsor of a pilot project replace 30 percent of the precipitation captured on the site. Mr. Piper also responded to questions from the committee regarding amendment L.003, which was not distributed to the committee.

07:06 PM -- Pat Ratliff, South Metro Water Supply Authority, testified in support of the bill, as amended by Amendment L.003, which has not been distributed to the committee.

07:10 PM -- Drew Beckwith, Western Resource Advocates and Conservation Colorado, testified in support of the bill.

07:10 PM -- Joan Green, Water Rights Association of the South Platte (WRASP), testified against the bill and expressed concerns for the agricultural community in the South Platte. Ms. Green responded to questions from the committee regarding her stance on Amendment L.001, and the burden of proof requirement of that amendment.

07:16 PM -- Andy Jones, Colorado Water Congress, testified against the bill, and more specifically against Amendment L.001. He noted that a rule-making process should be in place to manage the pilot projects. Mr. Jones answered questions from the committee regarding aspects of amendment L.001.

07:23 PM -- Robert Logenbaugh, representing himself, testified against the bill. He provided his professional background to the committee expressed his reasoning for opposing the bill as introduced and with any amendments.

07:37 PM

The committee adjourned.