h_agr_2016a_2016-03-07t13:30:00z1 Hearing Summary

Date: 03/07/2016

03:01 PM -- HB 16-1109



Representatives J Becker and K Becker, co-prime sponsors, presented House Bill 16-1109, concerning limits that the basic tenets of Colorado water law place on the ability of certain federal agencies to impose conditions on a water right owner in exchange for permission to use federal land. Representative K Becker distributed Amendment L.003 (Attachment C), which strikes everything below the enacting clause.



160307 AttachC.pdf



The following persons testified on the bill:



03:07 PM -- Kristen Moseley, representing Eagle River Water and Sanitation District and other Western Slope water suppliers, spoke in support of the bill. Ms. Moseley referred to proposed Amendment L.004 (Attachment D), which was distributed to the committee, and discussed the federal government's authority over water rights issues in the state. Ms Moseley responded to questions from the committee regarding Amendments L.003 and L.004.



160307 AttachD.pdf



03:16 PM -- Karen Kwan, First Assistant Attorney General, Department of Law, spoke in opposition the bill. Specifically, Ms. Kwan expressed concern about language in the bill concerning the federal government's authority to impose bypass flow requirements in connection with a special use permit. Representative Becker responded to questions from the committee. Representative Brown distributed Amendment L.005 (Attachment E). Committee discussion ensued, and Ms. Kwan responded to further questions from the committee.



160307 AttachE.pdf



03:43 PM -- Melinda Kassin, Conservation Colorado, stated that she has a neutral position on the bill and discussed the language regarding the federal government's authority to impose bypass flow requirements. Ms. Kassin responded to questions from the committee and committee discussion ensued regarding case law concerning the federal government's authority as it applies to bypass flow requirements and the neutrality of the language in Amendment L.003 and Amendment L.004.



04:07 PM -- Jennifer Berman, Office of Legislative Legal Services (OLLS), spoke about a recent legal opinion written by OLLS concerning the federal government's authority to impose bypass flow requirements.



04:08 PM -- Brian Starkebaum, Colorado Association of Conservation Districts, spoke in support of the bill and responded to questions from the committee.



04:11 PM -- Chris Treese, Colorado River Water Conservancy District, spoke in support of the bill.



04:15 PM -- Diana Orf, Colorado Water Congress, spoke in support of the concepts of the bill and stated that Colorado Water Congress is concerned with language addressing the federal government's authority to impose bypass flow requirements.



04:18 PM -- Nick Colglazier, spoke in support of the bill but expressed concern about specific language in the bill.



04:19 PM -- Robert Harris, Western Resource Advocates, spoke about the the bill but maintained a neutral position. He stated that he is in support of the language in Amendment L.004 addressing the federal government's authority to impose bypass flow requirements.



04:22 PM



The committee recessed.



04:33 PM



The committee came back to order. Representative K Becker moved Amendments L.003 and L.004, which were both seconded by Representative Mitsch Bush. Rep Brown moved Amendment L.005 as a substitute to Amendment L.004. Committee discussion ensued regarding the amendments.

04:52 PM



The committee recessed.



05:08 PM



The committee came back to order. Staff explained to the committee that the committee was still in the amendment phase and that final action on the bill could not be taken until the amendment phase has been closed.