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H_AGR_2016A 04/04/2016 02:13:35 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date: 04/04/2016
ATTENDANCE
Time: 02:13 PM to 08:12 PM
Arndt
X
Becker J.
X
Place: HCR 0107
Brown
X
Buck
X
This Meeting was called to order by
Coram
X
Representative Vigil
Danielson
X
Dore
*
This Report was prepared by
Ginal
X
Meghan O'Connor
Lebsock
X
Mitsch Bush
X
Saine
*
Becker K.
X
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1382

HB16-1226

HB16-1283

HB16-1314
Postponed Indefinitely

Amended, Referred to Appropriations

Postponed Indefinitely

Postponed Indefinitely

02:14 PM -- HB16-1382



Representative KC Becker, sponsor, gave a brief introduction of House Bill 16-1382 and requested that the committee postpone the bill indefinitely.

BILL: HB16-1382
TIME: 02:14:41 PM
MOVED: Becker K.
MOTION: Postpone House Bill 16-1382 indefinitely. The motion passed on a vote of 11-0.
SECONDED: Becker J.
VOTE
Arndt
Yes
Becker J.
Yes
Brown
Yes
Buck
Yes
Coram
Yes
Danielson
Yes
Dore
Excused
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
Excused
Becker K.
Yes
Vigil
Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS









02:15 PM -- HB16-1226



Representative Young and Representative Arndt presented House Bill 16-1226, concerning agricultural development grants. Testimony on the bill occurred on March 2, 2016. Representative Young and Representative Arndt distributed and explained Amendment L.003 (Attachment A). Representatives Arndt and Young responded to questions from the committee regarding the amendment.



160404AttachA.pdf160404AttachA.pdf

BILL: HB16-1226
TIME: 02:18:03 PM
MOVED: Arndt
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED: Lebsock
VOTE
Arndt
Becker J.
Brown
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





Representative KC Becker distributed and explained Amendment L.004 (Attachment B). Committee discussion ensued regarding the amendment.



160404AttachB.pdf160404AttachB.pdf


BILL: HB16-1226
TIME: 02:20:50 PM
MOVED: Becker K.
MOTION: Adopt amendment L.004. The motion passed without objection.
SECONDED: Lebsock
VOTE
Arndt
Becker J.
Brown
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





02:21 PM



Representative Young explained that he plans to propose an amendment to the bill once it is in the Committee on Appropriations, and he described how the amendment would affect the source of funding. Committee discussion ensued concerning the possible amendment and the fiscal impact of the bill. Representative Arndt made concluding comments on the bill. She and Representative Young responded to further questions from the committee, and discussion ensued.


BILL: HB16-1226
TIME: 02:37:49 PM
MOVED: Arndt
MOTION: Refer House Bill 16-1226, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-4.
SECONDED: Danielson
VOTE
Arndt
Yes
Becker J.
Yes
Brown
No
Buck
No
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
No
Becker K.
No
Vigil
Yes
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:41 PM -- HB16-1283



Representative KC Becker presented House Bill 16-1283. Testimony on the bill occurred on March 7, 2016. Representative KC Becker distributed Amendment L.002 (Attachment C), and committee discussion ensued.



160404AttachC.pdf160404AttachC.pdf

BILL: HB16-1283
TIME: 02:47:46 PM
MOVED: Becker K.
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED: Lebsock
VOTE
Arndt
Becker J.
Brown
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



02:49 PM



Representative Becker distributed and explained Amendment L.003 (Attachment D). Representative Becker responded to questions from the committee regarding the amendment.



160404AttachD.pdf160404AttachD.pdf




BILL: HB16-1283
TIME: 02:55:42 PM
MOVED: Becker K.
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED: Danielson
VOTE
Arndt
Becker J.
Brown
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection









02:56 PM



Representative Becker made concluding comments on the bill.

BILL: HB16-1283
TIME: 02:58:11 PM
MOVED: Becker K.
MOTION: Refer House Bill 16-1283, as amended, to the Committee on Appropriations. The motion failed on a vote of 5-8.
SECONDED: Lebsock
VOTE
Arndt
No
Becker J.
No
Brown
No
Buck
No
Coram
No
Danielson
Yes
Dore
No
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
No
Becker K.
Yes
Vigil
No
Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL






BILL: HB16-1283
TIME: 02:59:08 PM
MOVED: Coram
MOTION: Postpone House Bill 16-1283 indefinitely. The motion passed on a vote of 9-4.
SECONDED: Becker J.
VOTE
Arndt
Yes
Becker J.
Yes
Brown
Yes
Buck
Yes
Coram
Yes
Danielson
No
Dore
Yes
Ginal
Yes
Lebsock
No
Mitsch Bush
No
Saine
Yes
Becker K.
No
Vigil
Yes
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:00 PM



The committee recessed.





03:07 PM -- HB16-1314



The committee came back to order.



03:08 PM



Representative Saine, sponsor presented House Bill 16-1314, concerning treatment of rising groundwater levels as replacing groundwater depletions in Water Division 1. The bill requires the State Engineer and water judges to treat out-of-priority groundwater depletions from agricultural wells that occurred between March 15, 1974, and December 31, 2014, in Water Division 1, Districts 1 through 6 and 64, as having been fully replaced due to rising groundwater levels since January 1, 2006. Representative Saine distributed a list of questions regarding augmentation and water depletions (Attachment E).



160404AttachE.pdf160404AttachE.pdf



The following persons testified on the bill:



03:15 PM --
Julie Cozaet, Weld County Commissioner, spoke in support of the bill. Ms. Cozael discussed the high groundwater levels in Weld County and how the high levels affect agricultural users in the county.



03:18 PM --
Sean Conway, Weld County Commissioner and South Platte Roundtable member, spoke in support of the bill and responded to questions from the committee. Committee discussion ensued regarding the bill, and Representative Saine answered questions from the committee.



03:41 PM --
Kevin Rein, Deputy State Engineer, Division of Water Resources (DWR), responded to questions from the committee concerning out-of-priority depletions and discussed the period during which out-of-priority depletions occurred. Mr. Rein discussed the augmentation process and responded to questions from the committee regarding why wells in Water District 1 cannot be pumped using the augmentation process.



04:07 PM --
Jim Yahn, North Sterling and Prewitt Reservoirs, and Colorado Cattlemen's Association, spoke in opposition to the bill.



04:17 PM --
Joe Frank, Lower South Platte Water Conservancy District, spoke in opposition to the bill. He provided an informational packet (Attachment F) to the committee. He highlighted certain passages in the informational packet. Mr. Frank responded to questions from the committee.



160404AttachF.pdf160404AttachF.pdf



04:28 PM



Mr. Yahn and Mr. Frank responded to questions from the committee. Mr. Frank continued discussion the materials in the handout he provided.



04:47 PM --
Robert Longenbaugh, representing himself, spoke in support of the bill and distributed a paper concerning conjunctive use in the South Platte Basin (Attachment G), a presentation concerning the bill that was given on March 18, 2016 (Attachment H), and a shortened version of that presentation (Attachment I). Mr. Longenbaugh responded to questions from the committee.



160404AttachG.pdf160404AttachG.pdf160404AttachH.pdf160404AttachH.pdf160404AttachI.pdf160404AttachI.pdf





05:32 PM --
Pat Ratliff, South Metro Water Supply Authority, spoke in opposition to the bill.



05:32 PM --
John Kaufman, Centennial Water and Sanitation District, spoke in opposition to the bill and distributed a map of Water District 1 (Attachment J).



160404AttachJ.pdf160404AttachJ.pdf



05:45 PM --
Don Shawcroft, President, Colorado Farm Bureau, spoke in opposition to the bill. Mr. Shawcroft noted that the Weld County Farm Bureau is supporting the bill, but the statewide organization is not. Mr. Shawcroft responded to questions from the committee.



05:55 PM --
Kevin Rein, DWR, spoke in opposition of the bill. Although he responded to committee questions previously, he did not state the position of the State Engineer on the record. Mr. Rein answered further questions from the committee.



06:01 PM --
Roni Sylvester, representing herself, spoke in support of the bill and distributed a letter in support of the bill (Attachment K), illustrations depicting hydrology along the South Platte River (Attachment L), maps of major irrigation ditches on the South Platte River (Attachment M), and a handout regarding water law made by Land and Water USA (Attachment N).



160404AttachK.pdf160404AttachK.pdf160404AttachL.pdf160404AttachL.pdf160404AttachM.pdf160404AttachM.pdf160404AttachN.pdf160404AttachN.pdf



06:09 PM --
Charles Sylvester, representing himself, spoke in support of the bill.



06:23 PM --
Donald Jones, Groundwater Coalition, spoke in support of the bill and distributed a copy of his testimony (Attachment O) and a presentation on the economic impacts due to well curtailment in the South Platte River Basin (Attachment P).



160404AttachO.pdf160404AttachO.pdf160404AttachP.pdf160404AttachP.pdf



06:33 PM --
Jeff Nelson, Town of Gilcrest Mayor, spoke in support of the bill.



06:38 PM --
Phil Ross, representing himself, spoke in support of the bill.



06:43 PM --
Trudy Peterson, Town Administrator, Town of Gilcrest, spoke in support of the bill. Ms. Peterson distributed a packet containing her written testimony and information regarding the high water levels and flooding in the town (Attachment Q). She responded to questions from the committee regarding the pumping of the groundwater in the town of Gilcrest.



160404AttachQ.pdf160404AttachQ.pdf



06:59 PM --
Gene Kammerzell, representing himself, spoke in support of the bill. Mr. Kammerzell distributed a copy of his written testimony (Attachment R) and a packet of North Sterling Irrigation District water supply and delivery records (Attachment S).



160404AttachR.pdf160404AttachR.pdf160404AttachS.pdf160404AttachS.pdf



07:18 PM --
Lynette Kilpatrick, representing herself, spoke in support of the bill.



07:22 PM --
Kevin Rein, returned to answer further questions form the committee regarding the accuracy of groundwater modeling and other issues.



07:37 PM --
Glen Fritzler, Groundwater Coalition, spoke in support of the bill and distributed a packet containing information regarding the high groundwater levels in Water District 1 (Attachment T).



160404AttachT.pdf160404AttachT.pdf



07:58 PM



The chair closed the testimony phase. Representative Humphrey, sponsor, discussed the bill, and he and Representative Saine made their concluding comments on the bill.


BILL: HB16-1314
TIME: 08:10:48 PM
MOVED: Saine
MOTION: Refer House Bill 16-1314 to the Committee of the Whole. The motion failed on a vote of 3-10.
SECONDED: Buck
VOTE
Arndt
No
Becker J.
No
Brown
No
Buck
Yes
Coram
No
Danielson
No
Dore
No
Ginal
No
Lebsock
Yes
Mitsch Bush
No
Saine
Yes
Becker K.
No
Vigil
No
Final YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: HB16-1314
TIME: 08:11:18 PM
MOVED: Becker K.
MOTION: Postpone House Bill 16-1314 indefinitely. The motion passed on a vote of 10-3.
SECONDED: Ginal
VOTE
Arndt
Yes
Becker J.
Yes
Brown
Yes
Buck
No
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
No
Mitsch Bush
Yes
Saine
No
Becker K.
Yes
Vigil
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS









08:12 PM



The committee adjourned.




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