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

s_agr_2017a_2017-04-20t13:32:10z4 Hearing Summary

Date: 04/20/2017

Location: SCR 357

Final

BILL SUMMARY for HB17-1190



SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY


Votes: View--> Action Taken:
Adopt amendment L.009. The motion passed on a vote

Refer House Bill 17-1190, as amended, to the Commi
PASS

PASS







03:38 PM -- HB 17-1190





Senator Sonnenberg, prime sponsor, described the provisions of House Bill 17-1190 concerning limited applicability of St. Jude's Colorado water case and distributed Amendment L.009 (Attachment L). In 2015, the Colorado Supreme Court held in St. Jude's Co. v. Roaring Fork Club, LLC, that the diversion of water from a surface stream into a private ditch on private property for aesthetic, recreational, and piscatorial purposes is not a beneficial use of water under Colorado water law. This bill limits the application of this decision to direct flow appropriations without storage made after July 15, 2015.



170420 AttachL.pdf170420 AttachL.pdf



The following persons testified on the bill:



03:40 PM --
Joan Green, Water Rights Association of the South Platte, discussed her concerns with the bill, specifically the clarity of the language used in the bill.



03:44 PM --
Chris Treese, Colorado River Water Conservation District, spoke in support of the bill and provided a background on the St. Jude's case. He also responded to questions from the committee about Amendment L.009.



03:49 PM --
Michael Browning, Eagle Reservoir Company, spoke in support of the bill and Amendment L.009.



03:56 PM -- Robert Harris, Western Resource Advocates, spoke in support of the bill.



03:59 PM --
Chris Paulson, Creekside Coalition, spoke in support of the bill and distributed photographs of reservoirs that provide environmental benefits (Attachment M).



170420 AttachM.pdf170420 AttachM.pdf



04:03 PM --
Bruce Whitehead, Southwestern Water Conservation District, spoke in support of Subsection (a) of the bill.



04:04 PM --
Kristen Moseley, Eagle River Water and Sanitation District, spoke in support of Subsection (a) of the bill.



04:06 PM --
Pat Ratfliff, South Metro Water Supply Authority, spoke in support of Subsection (a) of the bill.



04:07 PM --
Doug Kemper, Colorado Water Congress, spoke in support of the bill.



04:09 PM --
Jen Boulton, Colorado Trout Unlimited, Colorado Audubon of the Rockies, spoke in support of the bill and in opposition to Amendment L.009.



04:11 PM



The chair closed the testimony phase, and Senator Sonnenberg made concluding comments regarding the bill and Amendment L.009.


BILL: HB17-1190
TIME: 04:12:49 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.009. The motion passed on a vote of 6-5.
SECONDED:
VOTE
Cooke
Yes
Coram
Yes
Donovan
No
Fenberg
No
Fields
No
Garcia
No
Jones
No
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL: HB17-1190
TIME: 04:16:09 PM
MOVED: Sonnenberg
MOTION: Refer House Bill 17-1190, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED:
VOTE
Cooke
Yes
Coram
Yes
Donovan
Yes
Fenberg
No
Fields
No
Garcia
No
Jones
No
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS












Colorado legislature email addresses ending in @state.co.us are no longer active. Please replace @state.co.us with @coleg.gov for Colorado legislature email addresses.  Details