House Committee on Agriculture, Livestock, & Natural Resources (02/03/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	02/03/2009	ATTENDANCE

Time:	10:39 AM to 12:05 PM	Gardner C.	*
		Hullinghorst	X
Place:	HCR 0107	Labuda	X
		Looper	X
This Meeting was called to order by		McKinley	X
	Representative Curry	McNulty	X
		Pace	*
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:
HB09-1129 HB09-1174		Amended, Referred to Appropriations Referred to the Committee of the Whole

10:39 AM -- House Bill 09-1129

Representative Looper presented the bill concerning an authorization of pilot projects for the beneficial use of captured precipitation in new real estate developments. Representative Looper explained that the bill establishes a pilot program for the collection of precipitation from rooftops for non-potable uses. The program can include up to 10 new residential or mixed-use developments. Amendment L.002 (Attachment A) was distributed to the committee. Representative Looper explained how the amendment would modify the bill and answered questions from the committee. Questions concerned the size and variety of project.

The following individuals testified:

10:52 AM -- Veva Deheza, Colorado Water Conservation Board (CWCB) and Kevin Rein, Assistant State Engineer with the Division of Water Resources. Mr. Rein described how the pilot project selection process would be implemented. Questions from the committee questioned whether participation in the pilot program would be affected by the augmentation requirements. Ms. Deheza commented on the role of the CWCB in the application process. She explained that CWCB would be working closely with the SEO. Expressed hope that the program's conservation potential would be determined in this time frame. Mr. Rein and Ms. Deheza answered questions from the committee concerning how the State Engineer's Office would ensure that there would be no harm to downstream water users. Mr. Rein explained that the Substitute Water Supply Plans would be required to describe this impact to downstream water users in detail.

11:04 AM -- Chris Threese, Colorado River District, testified in support of the bill. He discussed how the bill would protect senior water users. He discussed the public policy question around using rainwater. Mr. Threese also explained that the program would provide a way for the state to obtain information about how rainwater harvesting programs may work at a larger scale.

11:05 AM -- Carolyn Burr, Ryley Carlock and Applewhite, explained her involvement in a study team that considered water management in Douglas County. The study team ended up recommending that a pilot project would be a logical step to evaluate rainwater harvesting for the state. She also explained that she worked with Representative Looper to draft the bill and the amendments. She asked if the committee had any questions about the bill that she could answer.

11:07 AM -- Chris Piper, Denver Water, testified in support of the bill. He described how the pilot projects authorized in the bill will allow the study and identification of additional ways to conserve water. He also indicated support for Amendment L.002

11:08 AM
Representative Curry indicated that other organizations signed up to testify on the bill but that in the interest of time Representative Looper asked that testimony be limited to those who have already spoke about the bill. The Colorado Water Partnership and the League of Women Voters planned to testify in favor of the bill.

11:09 AM -- Cheryl Signs, water engineer, explained why the Water Courts did not need to weigh in on this issue yet.


BILL:	HB09-1129
TIME:	11:10:10 AM
MOVED:	Looper
MOTION:	Moved amendment L.002 (Attachment A ). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1129
TIME:	11:12:40 AM
MOVED:	Looper
MOTION:	Moved to refer House Bill 09-1129, as amended, to the Committee on Appropriations. The motion passed 13-0.
SECONDED:	McNulty
		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

11:14 AM -- House Bill 09-1174

Representative Reisberg, prime sponsor, presented HB 09-1174 concerning the exemption of depletions from pumping that occurred prior to 1974. Representative Riesberg provided an overview of related legislation and described the recommendations from the Water Resources Review Committee. HB 09-1174 specifies that augmentation plans within Water Division 1 that are either applied for or amended on or after the act's effective date shall not require the replacement of out-of-priority depletions that occurred prior to March 15, 1974. In the case of an amended plan for augmentation, the water judge may review all the terms and conditions of the plan.

The following individuals testified:

11:20 AM -- Tim Buchanon, Harmony Ditch Company and a senior water right owner on the South Platte River, testified against the bill on behalf of Pawnee Well users and senior water rights owners in San Luis Valley. He explained how the bill would negatively impact senior water rights holders on the South Platte River. He also explained the bill's connection to water rights owners in the San Louis Valley.

11:26 AM -- Alexandra Davis, Assistant Director for Water for the Department of Natural Resources, and Scott Cuthbertson, Division of Water Resources, spoke in favor of the bill. Mr. Cuthbertson described his experience with substitute water supply plans and other issues surrounding well pumping. He discussed the number of wells in San Louis Valley that have approved substitute water supply plans. He also discussed a related 2002 Supreme Court decision. Mr. Cuthbertson explained that his department sees this bill as a way to provide equity for well users that were not affected by the 2002 Supreme Court decision. He answered questions from the committee about how the bill would be interpreted by the Division Engineer. Mr. Cuthbertson noted that bill was approved by the Governor's Task Force on the South Platte River Basin.

11:40 AM -- Paul Sater and Dave Dechant, Rocky Mountain Farmers Union, testified in support of the bill. They described where they get their water for irrigation purposes and noted that they do not expect that this bill would negatively impact their ability to use surface water. Mr. Dechant and Mr. Sater discussed how this bill would benefit farmers. They answered questions from the committee.

11:44 AM -- Greg Hertzke Central Water Conservancy District, testified in support of the bill. He provided background information about the conservancy district, why the conservancy district supports the bill, and how the bill would benefit farmers in his district. He also discussed the costs incurred by farmers to replace the water depletions required without the bill.

11:47 AM -- Sara Duncan, Denver Water Department, spoke in support of the bill. She discussed the Empire Lodge Supreme Court case. She also described the concept behind a water augmentation plan. She stated that while this bill may affect some of Denver Water's water rights, they do not expect that this impact will be very large. She explained how the bill would benefit family farms on the lower South Platte River.

11:51 AM -- Becky Brooks, Colorado Corn Growers Association and the Rio Grand Water Conservation District, spoke in favor of the bill. She echoed the testimony of Sara Duncan and asked the committee for their yes vote on the bill.

11:53 AM -- Representative Curry stated that the Farm Bureau Board voted unanimously to support this bill in a meeting held this morning.

11:53 AM -- Robert Longenbaugh explained that he formerly worked at Colorado State University for 19 years on ground water issues and that he was the former Assistant State Engineer for 11 years. He offered his qualified support of the bill and commented that the bill would provide minor relief to some irrigation well pumpers. He questioned why the bill did not include the Arkansas River. He explained how well pumping impacts streams. He also described some of his concerns with language in the bill.

12:02 PM

Representative Riesberg and explained that amendments that were offered to this bill last year were included in this year's version. He also provided some closing comments.


BILL:	HB09-1174
TIME:	12:04:08 PM
MOVED:	Gardner C.
MOTION:	Moved to refer House Bill 09-1174 to the Committee of the Whole. The motion passed on a 9-3 roll call vote.
SECONDED:	Solano
		VOTE
	Gardner C.	Yes
	Hullinghorst	Excused
	Labuda	Yes
	Looper	No
	McKinley	Yes
	McNulty	No
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	No
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

12:05 PM

The committee adjourned.