Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

H_AGR_2016A 03/14/2016 01:30:40 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date: 03/14/2016
ATTENDANCE
Time: 01:30 PM to 02:52 PM
Arndt
X
Becker J.
X
Place: HCR 0107
Buck
X
Coram
*
This Meeting was called to order by
Danielson
*
Representative Vigil
Dore
*
Ginal
X
This Report was prepared by
Lebsock
X
Meghan O'Connor
Mitsch Bush
X
Saine
X
Willett
X
Becker K.
X
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1228 Amended, Referred to the Committee of the Whole



01:30 PM -- HB 16-1228



Representative Arndt and Representative J Becker, co-prime sponsors, presented House Bill 16-1228, concerning agricultural water protection transfer mechanism. Representative Arndt distributed Amendment L.002 (Attachment A), which strikes everything below the enacting clause. The bill, as amended, allows the owner of an absolute decreed irrigation water right used for agricultural purposes to apply in water court to change the use of the water right to an agricultural water protection water right. An agricultural water protection water right allows for the lease, loan, or trade of up to 50 percent of the water subject to the water right without designating the beneficial use to which the water will be applied. Representative Becker and Representative Arndt responded to questions from the committee regarding the bill.



160314 AttachA.pdf160314 AttachA.pdf



The following persons testified on the bill:



01:45 PM --
Bruce Whitehead, Executive Director, Southwestern Water Conservancy District, spoke in opposition to the bill. Mr. Whitehead discussed the definition of an eligible entity, as it is used in the bill and other concerns that he had about the bill. Mr. Whitehead responded to questions from the committee.



01:53 PM --
Greg Kernohan, Ducks Unlimited, spoke in support of the bill. Mr. Kernohan responded to questions from the committee regarding agricultural buy-and-dry, which is the drying up of agricultural land due to the sale of agricultural water rights.









02:03 PM --
Peggy Montano, Colorado Water Congress and Northern Colorado Water Conservancy District, spoke in support of the bill. Ms. Montano responded an earlier question regarding the approval by Water Division 1 of the rules created by the State Engineer regarding substitute water supply plans, as they relate to agricultural protection water rights. Ms. Montano responded to other questions from the committee.



02:09 PM --
Kevin Rein, Deputy State Engineer, Division of Water Resources, spoke in support of the bill. Mr. Rein discussed the role of the State Engineer and the potential workload increase in the Division of Water Resources. Mr. Rein responded to questions regarding the process of obtaining an agricultural water protection water right.



02:19 PM --
James Eklund, Director, Colorado Water Conservation Board, spoke in support of the bill. Mr. Eklund responded to questions from the committee regarding instream flow water rights within the state. Committee discussion ensued regarding the Colorado River District's opposition to the bill, which was referred to by Representative Mitsch Bush.



02:32 PM --
Mark Sponsler, Colorado Corn Growers Association, spoke in support of the bill.



02:37 PM -- Terry Fankhauser, Colorado Cattleman's Association, spoke about the bill and expressed his concerns about it. He stated that he is taking a neutral stance on the bill but supports alternative transfer mechanisms.

BILL: HB16-1228
TIME: 02:44:17 PM
MOVED: Becker J.
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED: Arndt
VOTE
Arndt
Becker J.
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Willett
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



02:42 PM



The committee recessed













02:43 PM



The committee came back to order.

BILL: HB16-1228
TIME: 02:45:03 PM
MOVED: Vigil
MOTION: Reconsider the adoption of amendment L.002. The motion passed without objection.
SECONDED: Becker K
VOTE
Arndt
Becker J.
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Willett
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





02:46 PM



Representative Coram moved and distributed Amendment L.003, (Attachment B) which amends L.002. Jennifer Berman, Office of Legislative Legal Services, explained the amendment.



160314 AttachB.pdf160314 AttachB.pdf

BILL: HB16-1228
TIME: 02:47:43 PM
MOVED: Coram
MOTION: Adopt amendment L.003. The motion failed on a vote of 4-9.
SECONDED: Willett
VOTE
Arndt
No
Becker J.
No
Buck
Yes
Coram
Yes
Danielson
No
Dore
No
Ginal
No
Lebsock
No
Mitsch Bush
Yes
Saine
No
Willett
Yes
Becker K.
No
Vigil
No
YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB16-1228
TIME: 02:48:33 PM
MOVED: Becker J.
MOTION: Adopt amendment L.002. The motion passed on a vote of 9-4.
SECONDED: Arndt
VOTE
Arndt
Yes
Becker J.
Yes
Buck
Yes
Coram
No
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
No
Saine
No
Willett
No
Becker K.
Yes
Vigil
Yes
YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:49 PM



Representatives Arndt and Becker concluded their comments on the bill.

BILL: HB16-1228
TIME: 02:50:26 PM
MOVED: Arndt
MOTION: Refer House Bill 16-1228, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.
SECONDED: Becker J.
VOTE
Arndt
Yes
Becker J.
Yes
Buck
No
Coram
No
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
No
Saine
No
Willett
No
Becker K.
Yes
Vigil
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:52 PM



The committee adjourned.








The House and Senate are temporarily adjourned.  The building is closed to the public.

COVID-19 Resources

Written Testimony and Witness Sign-up