Bill Summary for Bill Number HB09-1067

Date: 04/29/2009

Final
BILL SUMMARY for HB09-1067

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Votes: View-->	Action Taken:
Moved Amendment L.005. The motion passed without Moved Amendment L.006. The motion passed without Moved to refer House Bill 09-1067 to the Committee	Pass Without Objection Pass Without Objection PASS

10:56 AM -- House Bill 09-1067

Senator White, sponsor, described the provisions of House Bill 09-1067. For income tax years 2009 through 2014, the reengrossed bill provides an income tax credit for water rights donated to the Colorado Water Conservation Board capped at $2.0 million each year. The bill specifies the maximum value of the credit, and establishes that the value of the water rights must be determined by the board with reference to a qualified appraisal. It specifies that if a credit exceeds the income tax due to the taxpayer, the excess credit may not be carried forward and must be refunded to the taxpayer. It also specifies that the credit will not be allowed in a particular income tax year if the revenue estimate indicates that the amount of the total General Fund revenues will not be sufficient to maintain the limit on appropriations specified in statute. It also grants the Department of Revenue rule-making authority to implement the bill. He also distributed Amendment L. 005 (Attachment B) and Amendment L. 006 (Attachment C)

The following persons testified on the bill:

11:02 AM -- Dan Grossman, Environmental Defense Fund, spoke in support of the bill.

11:05 AM -- Linda Bassi, Colorado Water Conservation Board (CWCB), spoke in support of the bill and Amendment L. 006.

11:06 AM -- Mr. Grossman responded to questions from the committee about House amendments to the bill concerning the repeal of the tax credit.

11:08 AM -- Esther Van Mourik, Office of Legislative Legal Services, responded to questions from the committee about the repeal of the tax credit and when the tax credit may be claimed.

11:12 AM -- Mr. Grossman responded to questions about the CWCB's instream flow water right acquisition and donation programs.

11:22 AM -- Margy Christiansen, Central Colorado Water Conservancy District and the City of Aurora, spoke in opposition to the bill. She expressed concern about the conversion of consumptive water rights to instream flows that may otherwise be available for use by irrigators or to satisfy municipal water demands.

11:27 AM

Senator White responded to Ms. Christiansen's testimony and described the impact of transbasin diversions on water users and the environment in the basin of origin. He also explained how instream flow water rights protect streams from additional depletions.

11:28 AM -- Garin Vorthmann, Colorado Farm Bureau, explained that her organization is neutral on the bill and expressed concern about bill's fiscal impact and the cost of the tax credit during the current state budget challenges.


BILL:	HB09-1067
TIME:	11:29:46 AM
MOVED:	Isgar
MOTION:	Moved Amendment L.005. The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge
	Isgar

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


BILL:	HB09-1067
TIME:	11:31:32 AM
MOVED:	Isgar
MOTION:	Moved Amendment L.006. The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge
	Isgar

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

11:38 AM -- Ms. Bassi returned to answer questions from the committee about appraisals and the role of the Colorado Water Conservation Board in determining the value of the donated water right.


BILL:	HB09-1067
TIME:	11:42:43 AM
MOVED:	Harvey
MOTION:	Moved to refer House Bill 09-1067 to the Committee on Appropriations, as amended. The motion passed on a vote of 6-1.
SECONDED:
		VOTE
	Brophy	No
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS