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h_agr_2016a_2016-04-04t14:13:35z3 Hearing Summary

Date: 04/04/2016



Final

BILL SUMMARY for HB16-1314



HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES


Votes: View--> Action Taken:
Postpone House Bill 16-1314 indefinitely. The moti

Refer House Bill 16-1314 to the Committee of the W
PASS

FAIL







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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