Location: HCR 0107
Final
BILL SUMMARY for HB16-1228
HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
BILL SUMMARY for HB16-1228
HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
| Votes: View--> | Action Taken: |
| Adopt amendment L.002. The motion passed on a vote Adopt amendment L.002. The motion passed without o Adopt amendment L.003. The motion failed on a vote Reconsider the adoption of amendment L.002. The mo Refer House Bill 16-1228, as amended, to the Commi |
PASS Pass Without Objection FAIL Pass Without Objection PASS |
01:30 PM -- HB 16-1228
Representative Arndt and Representative J Becker, co-prime sponsors, presented House Bill 16-1228, concerning agricultural water protection transfer mechanism. Representative Arndt distributed Amendment L.002 (Attachment A), which strikes everything below the enacting clause. The bill, as amended, allows the owner of an absolute decreed irrigation water right used for agricultural purposes to apply in water court to change the use of the water right to an agricultural water protection water right. An agricultural water protection water right allows for the lease, loan, or trade of up to 50 percent of the water subject to the water right without designating the beneficial use to which the water will be applied. Representative Becker and Representative Arndt responded to questions from the committee regarding the bill.
The following persons testified on the bill:
01:45 PM -- Bruce Whitehead, Executive Director, Southwestern Water Conservancy District, spoke in opposition to the bill. Mr. Whitehead discussed the definition of an eligible entity, as it is used in the bill and other concerns that he had about the bill. Mr. Whitehead responded to questions from the committee.
01:53 PM -- Greg Kernohan, Ducks Unlimited, spoke in support of the bill. Mr. Kernohan responded to questions from the committee regarding agricultural buy-and-dry, which is the drying up of agricultural land due to the sale of agricultural water rights.
02:03 PM -- Peggy Montano, Colorado Water Congress and Northern Colorado Water Conservancy District, spoke in support of the bill. Ms. Montano responded an earlier question regarding the approval by Water Division 1 of the rules created by the State Engineer regarding substitute water supply plans, as they relate to agricultural protection water rights. Ms. Montano responded to other questions from the committee.
02:09 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources, spoke in support of the bill. Mr. Rein discussed the role of the State Engineer and the potential workload increase in the Division of Water Resources. Mr. Rein responded to questions regarding the process of obtaining an agricultural water protection water right.
02:19 PM -- James Eklund, Director, Colorado Water Conservation Board, spoke in support of the bill. Mr. Eklund responded to questions from the committee regarding instream flow water rights within the state. Committee discussion ensued regarding the Colorado River District's opposition to the bill, which was referred to by Representative Mitsch Bush.
02:32 PM -- Mark Sponsler, Colorado Corn Growers Association, spoke in support of the bill.
02:37 PM -- Terry Fankhauser, Colorado Cattleman's Association, spoke about the bill and expressed his concerns about it. He stated that he is taking a neutral stance on the bill but supports alternative transfer mechanisms.
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| BILL: | HB16-1228 | |
| TIME: | 02:44:17 PM | |
| MOVED: | Becker J. | |
| MOTION: | Adopt amendment L.002. The motion passed without objection. | |
| SECONDED: | Arndt | |
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VOTE |
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Arndt |
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Becker J. |
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Buck |
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Coram |
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Danielson |
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Dore |
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Ginal |
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Lebsock |
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Mitsch Bush |
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Saine |
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Willett |
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Becker K. |
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Vigil |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:42 PM
The committee recessed
02:43 PM
The committee came back to order.
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| BILL: | HB16-1228 | |
| TIME: | 02:45:03 PM | |
| MOVED: | Vigil | |
| MOTION: | Reconsider the adoption of amendment L.002. The motion passed without objection. | |
| SECONDED: | Becker K | |
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VOTE |
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Arndt |
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Becker J. |
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Buck |
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Coram |
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Danielson |
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Dore |
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Ginal |
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Lebsock |
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Mitsch Bush |
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Saine |
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Willett |
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Becker K. |
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Vigil |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:46 PM
Representative Coram moved and distributed Amendment L.003, (Attachment B) which amends L.002. Jennifer Berman, Office of Legislative Legal Services, explained the amendment.
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| BILL: | HB16-1228 | |
| TIME: | 02:47:43 PM | |
| MOVED: | Coram | |
| MOTION: | Adopt amendment L.003. The motion failed on a vote of 4-9. | |
| SECONDED: | Willett | |
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VOTE |
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Arndt |
No |
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Becker J. |
No |
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Buck |
Yes |
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Coram |
Yes |
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Danielson |
No |
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Dore |
No |
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Ginal |
No |
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Lebsock |
No |
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Mitsch Bush |
Yes |
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Saine |
No |
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Willett |
Yes |
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Becker K. |
No |
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Vigil |
No |
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YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1228 | |
| TIME: | 02:48:33 PM | |
| MOVED: | Becker J. | |
| MOTION: | Adopt amendment L.002. The motion passed on a vote of 9-4. | |
| SECONDED: | Arndt | |
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VOTE |
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Arndt |
Yes |
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Becker J. |
Yes |
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Buck |
Yes |
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Coram |
No |
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Danielson |
Yes |
|
Dore |
Yes |
|
Ginal |
Yes |
|
Lebsock |
Yes |
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Mitsch Bush |
No |
|
Saine |
No |
|
Willett |
No |
|
Becker K. |
Yes |
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Vigil |
Yes |
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YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:49 PM
Representatives Arndt and Becker concluded their comments on the bill.
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| BILL: | HB16-1228 | |
| TIME: | 02:50:26 PM | |
| MOVED: | Arndt | |
| MOTION: | Refer House Bill 16-1228, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5. | |
| SECONDED: | Becker J. | |
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VOTE |
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Arndt |
Yes |
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Becker J. |
Yes |
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Buck |
No |
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Coram |
No |
|
Danielson |
Yes |
|
Dore |
Yes |
|
Ginal |
Yes |
|
Lebsock |
Yes |
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Mitsch Bush |
No |
|
Saine |
No |
|
Willett |
No |
|
Becker K. |
Yes |
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Vigil |
Yes |
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Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:52 PM
The committee adjourned.