s_agr_2017a_2017-04-20t13:32:10z3 Hearing Summary

Date: 04/20/2017

Location: SCR 357

01:49 PM -- SB 17-282



Senator Sonnenberg, prime sponsor, described the provisions of Senate Bill 17-282 concerning dedicated reservoir release for environmental purposes and distributed Amendment L.001 (Attachment F) that strikes everything below the enacting clause and Amendment L.002 (Attachment G) that amends Amendment L.001. The bill creates a process by which a storage water right owner may obtain a water court decree authorizing releases to be delivered downstream for decreed beneficial uses by the Colorado Water Conservation Board (CWCB). The releases may be used in the intervening stream reach to preserve or improve the natural environment, if certain conditions are met.



170420 AttachF.pdf170420 AttachG.pdf



The following persons testified on the bill:



01:56 PM -- Eric Wilkinson, General Manager, Northern Colorado Water Conservancy District, spoke in support of the bill and discussed the proposed Northern Integrated Supply Project (NISP). He distributed a map of the qualifying stream reach under NISP (Attachment H) and a hydrograph of the Poudre River near downtown Fort Collins (Attachment I) and responded to question from the committee about the bill, mitigation of environmental impacts related to NISP, and the permit process for the project.



170420 AttachH.pdf170420 AttachI.pdf



02:12 PM -- Tom Norton, City of Greeley, spoke in opposition to the bill and discussed the potential impact of instream flow water rights on other types of water rights.



02:17 PM -- Harold Evans, City of Greeley, spoke in opposition to the bill and discussed water supply projects identified in the Colorado Water Plan. He also explained how the bill could impact the city's water rights.



02:20 PM -- Zach Miller, City of Greeley, spoke in opposition to the bill and explained how it could impact the city's water rights.



02:24 PM -- Bill Wombacher, East Cherry Creek Valley Water and Sanitation District, Arapahoe County Water Authority, spoke in opposition to the bill.



02:29 PM -- Sheela Stack, East Cherry Creek Valley Water and Sanitation District, Arapahoe County Water and Waste Water Authority, spoke in opposition to the bill.



02:31 PM -- John Kaufman, Centennial Water and Sanitation District, spoke in opposition to the bill and responded to questions from the committee about his concern with the bill.



02:35 PM -- Scott Edgar, Farmers Reservoir and Irrigation Company (FRICO), spoke in opposition to the bill and discussed FRICO water rights and water diversions.



02:39 PM -- Pat Ratliff, South Metro Water Supply Authority, spoke in opposition to the bill and responded to questions from the committee about her concern with the bill.



02:42 PM -- Rick McLoud, Centennial Water and Sanitation District, spoke in opposition to the bill and distributed a copy of the Fish, Wildlife, and Recreation Mitigation Plan for the Chatfield Reallocation Project (Attachment J). He also responded to questions from the committee about his concern with the bill and federal environmental regulations related to water projects.



170420 AttachJ.pdf



02:50 PM -- Matt Bliss, East Cherry Creek Valley Water and Sanitation District, Arapahoe County Water and Waste Water Authority, spoke in opposition to the bill.



02:54 PM -- Brett Gracely, Colorado Springs Utilities, spoke in opposition to the bill. He also responded to questions from the committee about his concern with the bill and explained how it would impact water users in Arapahoe County.



02:58 PM -- Ken Baker, Upper Arkansas Water Conservancy District, spoke in opposition to bill.



03:03 PM -- Bruce Whitehead, Southwestern Water Conservation District, identified concerns his board has with the bill. He also responded to questions from the committee about the cost to NISP participants if the bill is delayed.



03:08 PM -- Garin Vorthman, Colorado Farm Bureau, spoke in support of the bill as amended by Amendment L.001.



03:09 PM -- Rick Fendell, City of Fort Lupton, spoke in support of the bill and explained how NISP will benefit the city. He also responded to questions from the committee about other entities that bill benefit from NISP and the cost to these entities if the bill is delayed.



03:17 PM -- Chris Treese, Colorado River Water Conservation District, spoke in support of the bill.



03:17 PM -- Jen Boulton, Colorado Trout Unlimited, spoke in support of the bill as amended by Amendment L.001.



03:21 PM -- Peggy Montano, Northern Colorado Water Conservancy District, spoke in support of the bill as amended by Amendment L.001 and discussed NISP and the communities that would benefit from the project. She also responded to prior testimony in opposition to the bill and responded to questions from the committee about the bill and concerns expressed about the bill.



Legacy Water, Inc., distributed a fact sheet in opposition to the bill (Attachment K).



170420 AttachK.pdf



03:30 PM



The chair closed testimony, and Senator Sonnenberg closed his remarks on the bill.

03:33 PM



Ms Montano returned to the table to respond to questions from the committee about the Amendment L.002.