Senate Committee on Agriculture and Natural Resources (02/12/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Date:	02/12/2009	ATTENDANCE

Time:	01:45 PM to 04:08 PM	Brophy	X
		Gibbs	E*
Place:	SCR 356	Harvey	X
		Kester	E*
This Meeting was called to order by		Schwartz	E*
	Senator Isgar	Hodge	X
		Isgar	X
This Report was prepared by
	David Beaujon
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-141 SB09-024 SB09-125		Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Amended, Referred to Appropriations

01:46 PM -- Senate Bill 09-141

Senator Tapia, sponsor, described the provisions of Senate Bill 09-141 that creates the Fountain Creek Watershed, Flood Control, and Greenway District in El Paso and Pueblo counties (Attachment A and B). The district is to manage and fund capital improvements in the Fountain Creek watershed to mitigate flooding and erosion; address water quality issues; improve drainage; protect open space; and develop public recreational opportunities. The district is governed by a board of directors, and membership on the board is specified in the bill. The district may levy a property tax and issue bonds, subject to voter approval. The district may also levy special assessments through improvement districts. Service charges may also be charged to property owners or occupants that connect to district facilities. Senator Tapia described the land, water, and other resources included in the proposed district. He also distributed Amendment L. 001 (Attachment C) and the unofficial Pre-Amended version of the bill that includes Amendment L. 001 (Attachment D).

The following persons testified on the bill:

01:57 PM -- Jeff Chostner, Chairman of the Pueblo County Board of Commissioners, described a conflict between Pueblo County and El Paso County related to flooding and water quality impacts to the Fountain Creek watershed. He also described the process that lead to the formation of the proposed district and spoke in support of the bill.

02:03 PM -- Sallie Clarke, El Paso County Commissioner, described the process that lead to the formation of the proposed district that is modeled on an urban drainage district and spoke in support of the bill.

02:07 PM -- Barb Vidmar, City of Pueblo, described the process that lead to the formation of the proposed district and spoke in support of the bill.

02:09 PM -- Jay Winner, General Manager of the Lower Arkansas Valley Water Conservancy District, explained that the Colorado Water Conservation Board provided a grant to study the management of the Fountain Creek watershed and described agriculture and other resources in the watershed. He also spoke in support of the bill.

02:12 PM -- Larry Patterson, City of Fountain, described the process that lead to the formation of the proposed district and spoke in support of the bill. He also described flooding on Fountain Creek that has impacted the city, and he described efforts to obtain conservation easements in the watershed to protect agricultural lands and open space.

02:17 PM -- Mr. Winner returned to answer questions about proposed conservation easements in the watershed.

02:18 PM -- Larry Small, City of Colorado Springs, described the process that lead to the formation of the proposed district and spoke in support of the bill. He also described community support for the preservation of open space and the protection of the Fountain Creek watershed.

02:23 PM -- Gary Barber, El Paso County Water Authority, described how the proposed district would be governed, its revenue raising authority, and other provisions of the bill. He also described the proposed boundaries of the district and spoke in support of the bill.

02:28 PM

Senator Tapia responded to questions from the committee regarding the powers of the proposed district. He explained that a small portion of the district, known as "the corridor" will be regulated by the district under its land use powers specified in proposed Section 32-11.5-205 (3) (b) (1), C.R.S. (Section 1 of the introduced bill).

02:34 PM -- Jen Boulton,, Audubon Colorado, Trout Unlimited, commented on the bill.


BILL:	SB09-141
TIME:	02:37:37 PM
MOVED:	Hodge
MOTION:	Moved to refer SB 09-141, to the Committee of the Whole, as amended. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-141
TIME:	02:37:54 PM
MOVED:	Hodge
MOTION:	Moved Amendment L 001. 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

02:39 PM

The committee recessed.

02:48 PM -- Senate Bill 09-024

Senator Isgar explained that the Senate Agriculture and Natural Resources Committee heard testimony on Senate Bill 09-024 on January 22, 2009. He also explained that Amendment L. 008 strikes everything below the enacting clause (Attachment E) and Amendment L. 010 amends Amendment L. 008 (Attachment F).

02:51 PM

Senator White, sponsor, explained that Senate Bill 09-24 amends the law that the defines the responsibility of the Division of Wildlife with respect to game damage compensation. He also described the provisions of Amendment L. 008 that strikes everything below the enacting clause and distriubted a table that compares Amendment L. 008 with the provisions of the introduced version of Senate Bill 09-24 (Atachment G).

The following persons testified on the bill:

02:53 PM -- Troy Bredenkamp, Executive Director of the Colorado Farm Bureau, spoke in support of Amendment L. 008 and Amendment L. 010.

02:54 PM -- Tom Spezze, Division of Wildlife, spoke in support of Amendment L. 008 and Amendment L. 010. He also explained the division's policy concerning the issuance of kill permits to landowners to prevent game damage.

03:00 PM -- Jen Boulton, Colorado Trout Unlimited, explained that the Amendment L. 008 and Amendment L. 010 addresses Colorado Trout Unlimited's opposition to the introduced version of the bill.

03:01 PM -- John Hardwick, Habitat Partnership Program, explained that the Amendment L. 008 and Amendment L. 010 addresses the Habitat Partnership Program's opposition to the introduced version of the bill.

03:03 PM -- Suzanne O'Neill, Colorado Wildlife Federation, commented on Amendment L. 008 and Amendment L. 010.

03:03 PM -- Margy Christiansen, Colorado Outfitters Association, spoke in support of Amendment L. 008 and Amendment L. 010.


BILL:	SB09-024
TIME:	03:04:44 PM
MOVED:	Isgar
MOTION:	Moved Senate Bill 09-024 to the Committee on Appropriations, as amended. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-024
TIME:	03:05:37 PM
MOVED:	Isgar
MOTION:	Moved Amendment L 010 that amends Amendment L 008. The motion passed on a vote of 5-2.
SECONDED:
		VOTE
	Brophy	No
	Gibbs	Yes
	Harvey	No
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-024
TIME:	03:05:22 PM
MOVED:	Isgar
MOTION:	Moved Amendment L 008 that strikes everything below the enacting clause. 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

03:12 PM -- Senate Bill 09-125

Senator Isgar, sponsor, described the provisions of Senate Bill 09-125 that appropriates funds from the Colorado Water Conservation Board (CWCB) Construction Fund for water studies and water project grants and creates the continuously appropriated Wild and Scenic Rivers Fund for the CWCB to develop a state alternative to the wild and scenic river designation under federal law for river preservation. It also extends two loans authorized by the General Assembly in 2007.

The following persons testified on the bill:

03:14 PM -- Jennifer Gimbel, Director of the CWCB, explained that the Senate Bill 09-124 does not authorize new loans. It authorizes $8.78 million for non-reimbursable loans and grants and extends two loans authorized by the General Assembly in Senate Bill 07-122(Attachment H). She also spoke in support of the bill and identified non-reimbursable loans including $500,000 for flood plain mapping, $250,000 for watershed restoration, and $175,00 for weather modification. The bill also appropriates $2.2 million to restore the unencumbered balance in the Litigation Fund to $4 million and appropriates $400,000 to explore alternatives to federal wild and scenic rivers designation. The bill also extends the authorization for a $60 million loan to the Southeastern Colorado Water Conservancy District for the Arkansas Valley Conduit Project.

03:34 PM -- Ms. Gimbel responded to questions from the committee about the effectiveness of weather modification programs and other issues. Committee discussion followed about the need for appropriations for weather modification and climate change studies.

03:41 PM -- Dan McAuliffe, Assistant Director, CWCB, responded to questions from the committee regarding loans issued by the CWCB for small water storage projects.

03:42 PM -- Eric Wilkinson, Representative of the South Platte River Basin on the Colorado Water Conservation Board, described the CWCB Construction Fund loan approval process and identified non-reimbursable loans in the bill including $1.5 million to continue the Alternatives Agriculture Water Transfer Sustainability Grant Program.

03:50 PM -- Jim Broderick, Southeastern Colorado Water Conservancy District, spoke in support of the bill and described the district's request to extend for two years the $60 million loan for the Arkansas Valley Conduit Project. He explained that federal legislation is pending that would match local moneys for the conduit.

03:53 PM -- Tom Easley, Rocky Mountain Climate Organization, spoke in support of the bill and described the need to prepare for the impact of climate change on water supplies and other resources (Attachment I).

03:58 PM -- Jen Boulton, Colorado Trout Unlimited, Audubon of Colorado, spoke in support of the bill.

03:58 PM -- Jay Winner, Lower Arkansas Valley Water Conservancy District, spoke in support of the bill.


BILL:	SB09-125
TIME:	03:59:41 PM
MOVED:	Isgar
MOTION:	Moved to refer Senate Bill 09-125, to the Committee on Appropriations, as amended. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	Yes
	Harvey	Yes
	Kester	Excused
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

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


BILL:	SB09-125
TIME:	04:00:38 PM
MOVED:	Isgar
MOTION:	Moved to amend the Printed Bill, Page 3, strike lines 26 and 27 and substitute "appropriations.". 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

04:01 PM

Linda Bassi, CWCB Staff, and Jennifer Gimbel, CWCB Director, commented on the proposed amendment.

04:08 PM

The meeting adjourned.