Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:03/02/2015
ATTENDANCE
Time:01:32 PM to 03:38 PM
Arndt
X
Becker J.
X
Place:HCR 0107
Brown
X
Buck
X
This Meeting was called to order by
Coram
X
Representative Vigil
Danielson
X
Dore
X
This Report was prepared by
Ginal
X
Meghan O'Connor
Lebsock
X
Mitsch Bush
X
Saine
X
Becker K.
X
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1016
HB15-1178
SB15-055
HB15-1159
Amended, Referred to Finance
Amended, Referred to Appropriations
Referred to the Committee of the Whole
Amended, Referred to Finance


01:33 PM -- HB 15-1016

Representative Becker explained to the committee that House Bill 15-1016 was erroneously moved to the committee on Appropriations at the meeting on Wednesday, February 25, 2015.
BILL:HB15-1016
TIME: 01:34:36 PM
MOVED:Becker K.
MOTION:Reconsider the motion to refer House Bill 15-1016 to the committee on Appropriations, as amended. The motion passed on a vote of 12-0.
SECONDED:Coram
VOTE
Arndt
Yes
Becker J.
Yes
Brown
Excused
Buck
Yes
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
Yes
Becker K.
Yes
Vigil
Yes
YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:HB15-1016
TIME: 01:35:56 PM
MOVED:Becker K.
MOTION:Refer House Bill 15-1016, as amended, to the Committee on Finance. The motion passed on a vote of 9-3.
SECONDED:Coram
VOTE
Arndt
Yes
Becker J.
No
Brown
Excused
Buck
No
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
No
Becker K.
Yes
Vigil
Yes
Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:37 PM -- HB 15-1178

Representative Vigil resumed the testimony for House Bill 15-1178, explaining that only those who signed up to testify at the meeting held on Wednesday, February 18, 2015, would be able to testify.

01:38 PM --
Terry Martinson, representing himself, spoke in support of the bill. Mr. Martinson described the damage caused by high groundwater levels on his property and responded to questions from the committee regarding pumping water in the areas with dangerous high groundwater levels.

01:44 PM --
Glen Fritzler, Groundwater Coalition, spoke in support of the bill and distributed a copy of his comments and a presentation concerning recommendations to lower the high groundwater levels to the committee (Attachment A). Mr. Fritzler responded to questions from the committee regarding his support for the bill as it would be amended by Amendment L.004 (Attachment B).

150302 AttachA.pdf150302 AttachA.pdf150302 AttachB.pdf150302 AttachB.pdf

01:53 PM --
Robert Logenbaugh, representing himself, spoke in support of the bill as it would be amended by Amendment L.004. Mr. Logenbaugh displayed maps of the Town of Gilcrest, as well as graphs depicting the water levels in the Town of Gilcrest, in order to demonstrate the areas where the groundwater levels are most damaging. Mr. Logenbaugh responded to questions from the committee regarding the cost of mitigating the high groundwater levels in the Town of Gilcrest.





02:16 PM

Committee discussion continued regarding the cost of House Bill 15-1178 as it would be amended by Amendment L.004, and Mr. Logenbaugh concluded his comments on the bill.
BILL:HB15-1178
TIME: 02:22:11 PM
MOVED:Saine
MOTION:Adopt amendment L.004 The motion passed without objection.
SECONDED:Buck
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

Representative Saine discussed L.004 and responded to questions from the committee regarding the funding for the bill.

02:28 PM

The committee recessed.


02:35 PM

The committee came back to order.
BILL:HB15-1178
TIME: 02:36:53 PM
MOVED:Saine
MOTION:Refer House Bill 15-1178, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-4.
SECONDED:Buck
VOTE
Arndt
Yes
Becker J.
Yes
Brown
Excused
Buck
Yes
Coram
No
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
No
Saine
Yes
Becker K.
No
Vigil
No
Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:40 PM -- SB 15-055

Representative Arndt and Representative J. Becker, sponsors presented Senate Bill 15-055, which would allow a person using an irrigation ditch system to use a tailwater ditch to return water to a stream in variable amounts to facilitate efficient operation of the ditch and delivery of water to persons served by the ditch system. Under the provisions of the bill, the State Engineer would not be allowed to require the delivery of any minimum amount of water unless required by court decree.

The following persons testified on the bill:

02:43 PM --
Janet Williams, Project Manager, Leonard Rice Engineers, spoke in support of the bill and responded to questions from the committee regarding the purpose of the bill. Committee discussion ensued.

02:51 PM --
Emily Brumit, Colorado Water Congress, spoke in support of the bill.

02:52 PM --
Andy Jones, Legacy Water Association, Colorado Water Congress State Affairs Committee, spoke in support of the bill. Mr. Jones explained the technical aspects of the bill as well as existing case law regarding returning water from a tail ditch.


03:04 PM

Representative Arndt and J. Becker concluded their comments on the bill.
BILL:SB15-055
TIME: 03:04:43 PM
MOVED:Becker J.
MOTION:Refer Senate Bill 15-055 to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:Arndt
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
No
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:06 PM -- HB 15-1159

Representative Arndt, sponsor, presented House Bill 15-1159, as it would be amended by Amendment L.001 (Attachment C) and Amendment L.003 (Attachment D). Representative Arndt also distributed an unofficial preamended version of the bill (Attachment E). The bill extends the instream flow incentive tax credit for water rights holders for an additional five income tax years and makes a change to the requirements of the donation, specifying that the donation may either preserve of improve the environment, rather than requiring that the donation only preserve the environment as originally enacted.

150302 AttachC.pdf150302 AttachC.pdf150302 AttachD.pdf150302 AttachD.pdf150302 AttachE.pdf150302 AttachE.pdf

03:16 PM --
Linda Bassey, Colorado Water Conservation Board, spoke in support of the bill and responded to questions from the committee regarding the fiscal impact of the bill and the limitation of the use of the tax credit.

03:23 PM --
Amy Beatie, Executive Director, Colorado Water Trust, spoke in support of the bill. Ms. Beaty provided background of instream flows as they relate to conservation outcomes to the committee and explained the incentive tax incentive program. Ms. Beaty responded to questions from the committee regarding water storage on streams.


03:29 PM --
Greg Sobetski, Colorado Legislative Council Economist, explained the fiscal impact of the bill.
BILL:HB15-1159
TIME: 03:31:45 PM
MOVED:Arndt
MOTION:Adopt amendment L.001. The motion passed without objection.
SECONDED:Lebsock
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:HB15-1159
TIME: 03:32:19 PM
MOVED:Arndt
MOTION:Adopt amendment L.003. The motion passed without objection.
SECONDED:Lebsock
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

Representative Coram proposed a conceptual amendment, which the chair ruled to be out of order.


Representative Arndt concluded her comments on the bill.
BILL:HB15-1159
TIME: 03:37:13 PM
MOVED:Arndt
MOTION:Refer House Bill 15-1159, as amended, to the Committee on Finance. 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
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:38 PM

The committee adjourned.