House Committee on Agriculture, Livestock, & Natural Resources (02/11/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	02/11/2009	ATTENDANCE

Time:	01:37 PM to 01:52 PM	Gardner C.	X
		Hullinghorst	X
Place:	HCR 0107	Labuda	X
		Looper	*
This Meeting was called to order by		McKinley	X
	Representative Curry	McNulty	X
		Pace	X
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	X
		Vigil	X
		Fischer	X
		Curry	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1185 SB09-015		Referred to the Committee of the Whole Referred to the Committee of the Whole

01:38 PM -- House Bill 09-1185

Representative Tipton, prime sponsor, presented his bill concerning requirements for documents related to water rights applications. He explained that the bill is intended to clean-up statutory language. The bill amends the filing provisions for documents related to water rights applications. It eliminates the provision that requires that water rights applications be filed in quadruplicate. It also amends the provision specifying the reports prepared by the state engineer be transmitted in the mail. Instead, the applications may be sent by other means. It also recognizes the authority of the Colorado Supreme Court to adopt rules for filing and transmittal procedures in water court proceedings. Representative Tipton answered questions from the committee and distributed a fact sheet on the bill (Attachment A).

The following individual testified.

01:43 PM -- Justice Gregory Hobbs, Colorado Supreme Court, spoke in favor of the bill. He discussed a rulemaking hearing in December 2008 where the Colorado Supreme Court wanted several issues to be considered by the Supreme Court's standing water committee. The final rulemaking will occur next week. He also explained how water rights applications will be filed. The proposed electronic filing and service rule was distributed to the committee (Attachment B).


BILL:	HB09-1185
TIME:	01:46:25 PM
MOVED:	Tipton
MOTION:	Moved to refer House Bill 09-1185 to the Committee of the Whole. The motion passed on a 13-0 roll call vote.
SECONDED:	Looper
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:48 PM -- Senate Bill 09-015

Representative C. Gardner, prime sponsor, presented Senate Bill 015. He explained that the bill was recommended by the Water Resources Review Committee and will move the White River drainage basin from the water court for division 5 to the water court for division 6. The basin is currently under the administrative jurisdiction of the division 6 engineer but is under the judicial jurisdiction of the division 5 water court. The bill joins the administrative and judicial jurisdictions from the basin into one division.

01:49 PM -- Justice Gregory Hobbs, Colorado Supreme Court, answered questions from the committee regarding other mismatches between administrative and judicial jurisdictions. Justice Hobbs stated that this was the only division where this has occurred. He explained the history of this situation.


BILL:	SB09-015
TIME:	01:50:47 PM
MOVED:	Gardner C.
MOTION:	Moved to refer Senate Bill 09-015 to the Committee of the Whole. The motion passed 13-0 on a roll call vote.
SECONDED:	Sonnenberg
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

1:52 PM --

The committee adjourned.