Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:03/10/2009
ATTENDANCE
Time:09:50 AM to 11:03 AM
Gardner C.
*
Hullinghorst
*
Place:HCR 0107
Labuda
X
Looper
X
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 = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB09-080
SB09-119		Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole


09:51 AM -- Senate Bill 09-080

Representative Looper, prime sponsor, presented Senate Bill 09-080 concerning limited exemptions for water collected from certain residential rooftops. The bill allows for the collection of precipitation from up to 3,000 square feet of a roof of a residence that is not connected to a domestic water system serving more than three single-family dwellings. The collected water must be used for ordinary household purposes; fire protection; watering of animals and livestock; and irrigation of not more than one acre of gardens and lawns. A person wanting to capture rooftop precipitation who meets the qualifications in the bill must submit an application and pay a fee to the state engineer. Owners of certain wells are allowed to collect rooftop precipitation under the same use limitations as contained in their well permits. She answered questions from the committee. She described amendment L.008 (Attachment A).

090310AttachA.pdf

The following individuals testified:

10:01 AM -- Kevin Rein, Division of Water Resources, Assistant State Engineer, spoke in favor of the bill. He described how the bill addresses three different scenarios: individuals with existing well permits, new well permits to construct a well for first time, and mountain huts without wells or other non-well users. Mr. Rein also discussed how the bill affects the prior appropriation system. He answered questions from the committee and explained the different classifications of wells and what a designated groundwater basin is.





10:17 AM

Mr. Rein continued to answer questions from the committee concerning how this bill expands water use for sites that currently have wells. He also responded to questions about enforcement issues within the Water Resources Division. The committee also asked questions about how mountain huts using collection systems would be regulated.

10:35 AM

Mr. Rein continued to answer questions from the committee concerning fees and the connection between surface water and groundwater systems. He also clarified that the Division of Water Resources would continue to protect senior water right holders.

10:39 AM -- Janet Williams, American Council of Engineering Companies, spoke in support of the bill. She explained that the bill does not expand the amount of water allowed under an exempt well permit, the bill just provides another way of accessing water.

10:42 AM -- Laura Lock, Colorado River Water Conservation District, spoke in support of the bill and stated that the Colorado River Water Conservation District board voted unanimously to support the bill.

10:43 AM -- Doug Kemper, Colorado Water Congress, spoke in favor of the bill and stated that the Colorado Water Congress voted unanimously to support the bill.
BILL:SB09-080
TIME: 10:44:36 AM
MOVED:Looper
MOTION:Moved amendment L.008 (Attachment A). An amendment to L.008 to correct a typographical error was moved and adopted. Amendment L.008, as amended, passed without objection.
SECONDED:Curry
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:SB09-080
TIME: 10:45:55 AM
MOVED:Looper
MOTION:Moved an amendment to L.008 to strike the word "no" on page one line 20 of amendment L.008. The motion passed without objection.
SECONDED:Vigil
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:SB09-080
TIME: 10:47:13 AM
MOVED:Looper
MOTION:Moved to refer House Bill 09-080, as amended, to the Committee of the Whole.
The committee discussed the potential need to have the Water Resources Review Committee further consider how exempt wells are being used.
The motion passed on a 12-0 roll call vote.
SECONDED:McNulty
VOTE
Gardner C.
Yes
Hullinghorst
Yes
Labuda
Yes
Looper
Yes
McKinley
Yes
McNulty
Yes
Pace
Yes
Solano
Yes
Sonnenberg
Excused
Tipton
Yes
Vigil
Yes
Fischer
Yes
Curry
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





10:51 AM -- Senate Bill 09-119

Representative McNulty, prime sponsor, presented SB 09-119 concerning a clarification of the enforcement of water quality laws relating to the discharge of certain hazardous pollutants. The bill clarifies that provisions of the Colorado Water Quality Control Act do not limit or impair the ability to enforce penalties for the discharge of hazardous substances or waste.

The following individual testified:

10:53 AM -- Geoff Blue, Attorney General's Office, spoke in favor of the bill. He explained that the bill originated from his office. He discussed case law regarding hazardous waste dumping in water and explained that clarification was needed in the statute. Mr. Blue also indicated that he had talked to the Colorado Water Congress and that they were comfortable with this bill. He answered questions from the committee.
BILL:SB09-119
TIME: 11:02:07 AM
MOVED:McNulty
MOTION:Moved to refer House Bill 09-119 to the Committee of the Whole. The motion passed on an 11-0 roll call vote.
SECONDED:Gardner C.
VOTE
Gardner C.
Yes
Hullinghorst
Yes
Labuda
Yes
Looper
Excused
McKinley
Yes
McNulty
Yes
Pace
Yes
Solano
Yes
Sonnenberg
Excused
Tipton
Yes
Vigil
Yes
Fischer
Yes
Curry
Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

11:03 AM

The committee adjourned.