Date: 02/03/2009

Final
BILL SUMMARY for HB09-1174

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Moved to refer House Bill 09-1174 to the CommitteePASS



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.