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H_AGR_2017A 04/17/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date: 04/17/2017
ATTENDANCE
Time: 01:33 PM to 06:29 PM
Becker J.
X
Buck
X
Place: RM 271
Danielson
X
Esgar
X
This Meeting was called to order by
Hansen
*
Representative Arndt
Lebsock
X
Lewis
X
This Report was prepared by
McKean
X
Meghan O'Connor
Saine
X
Valdez
X
Willett
X
Mitsch Bush
X
Arndt
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-117

HB17-1289

HB17-1321

HB17-1291

SB17-225
Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to House Finance

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole





01:33 PM -- SB 17-117



Testimony for Senate Bill 17-117 was taken on Monday, April 10, 2017. Representatives Catlin and Valdez made concluding comments on the bill.

BILL: SB17-117
TIME: 01:36:36 PM
MOVED: Valdez
MOTION: Refer Senate Bill 17-117 to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED: Lebsock
VOTE
Becker J.
Yes
Buck
Yes
Danielson
Yes
Esgar
Yes
Hansen
Excused
Lebsock
Yes
Lewis
Yes
McKean
Yes
Saine
Yes
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



01:37 PM -- HB 17-1289



Testimony for House Bill 17-1289 was taken on Monday, April 10, 2017. Representatives Valdez and Hansen made concluding comments on the bill.



01:39 PM



The committee recessed.





01:42 PM



The committee came back to order.

BILL: HB17-1289
TIME: 01:42:55 PM
MOVED: Valdez
MOTION: Refer House Bill 17-1289 to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED: Hansen
VOTE
Becker J.
No
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
No
Saine
No
Valdez
Yes
Willett
No
Mitsch Bush
Yes
Arndt
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



01:43 PM



The committee recessed.



01:44 PM -- HB 17-1321



The committee came back to order. Representatives Arndt and Wilson presented House Bill 1321, concerning the financial sustainability of Colorado Parks and Wildlife. The bill increases the limit for fees set in rule by the Parks and Wildlife Commission (commission). The commission is authorized to apply an inflation adjustment to a fee that is set at a maximum allowable amount. The revenue from the fee increases cannot be used for the purchase of real property, including water. Beginning September 1, 2018, the Parks and Wildlife Division in the Department of Natural Resources is required to report annually to the General Assembly and the public on the status and impact of fee increases. By December 31, 2018, the division is required to report on the use of division-managed lands by nonconsumptive users and to make recommendations on how those users can help cover the cost of maintaining those lands.





01:59 PM



Representatives Wilson and Arndt distributed Amendment L.001 (Attachment A), Amendment L.003 (Attachment B), and Amendment L.004 (Attachment C). Representative Arndt also distributed an unofficial preamended version of the bill, as it would be amended by Amendment L.001 (Attachment D). Representative Wilson described each of the amendments and responded to questions from the committee regarding the financial status of the division and Amendment L.004.



170417 AttachA.pdf170417 AttachA.pdf170417 AttachB.pdf170417 AttachB.pdf170417 AttachC.pdf170417 AttachC.pdf170417 AttachD.pdf170417 AttachD.pdf



The following persons testified on the bill:



02:08 PM --
Bob Broscheid, Director, Colorado Parks and Wildlife, testified in support of the bill and discussed financial needs and budget shortfalls of the division. Director Broscheid responded to questions from the committee regarding the authority of the division to raise fees and the divisions budget.



02:13 PM --
Margaret Taylor, Colorado Parks and Wildlife, testified in support of the bill and discussed the impact of the increase in visitation on state parks and the division's budget shortfalls. Ms. Taylor also discussed rising costs of the division.



02:17 PM --
Reid DeWalt, Colorado Parks and Wildlife, testified in support of the bill and discussed the creation of the Aquatic Nuisance Species (ANS) sticker to fund the ANS Program within the division.



02:29 PM



Director Broscheid continued to respond to questions from the committee concerning the increase of hunting fees for out-of-state hunters and discussed the percentage of in-state hunters versus out-of-state hunters. Director Broscheid also responded to questions about assessing a fee for hunting, rock climbing, hiking, and biking on land owned by the Bureau of Land Management and U.S. Forest Service. Ms. Taylor distributed a handout regarding the Colorado Wildlife Habitat Protection Program (Attachment E), and Director Broscheid responded to further questions regarding the program.



170417 AttachE.pdf170417 AttachE.pdf



03:00 PM --
Jordon Evans, representing himself, testified in opposition to raising hunting and fishing fees for people under the age of 18.



03:03 PM --
Robbie Gonzales, representing himself, testified in opposition to raising hunting and fishing fees for people under the age of 18.



03:05 PM --
Sam Heckman, representing The Bass Federation (TBF), Colorado Chapter, stated that he is not opposed to the fee increases in the bill, but he explained that he was opposed to a fee increase for people under the age of 18.



03:08 PM --
Robert Gonzales, representing himself, stated that he is not opposed to the fee increases in the bill, but also is opposed to a fee increase for people under the age of 18.









03:16 PM --
Brandon Ransom, Denver Water, testified in support of the bill and discussed the ANS program and how Denver Water is supporting that program.



03:19 PM --
Chris Treese, Colorado River Water Conservation District, testified in support of the bill.



03:20 PM --
Emily Brummit, Colorado Water Congress, stated that Colorado Water Congress is taking a supportive stance on Sections 19, 20, and 23 of the bill but is remaining neutral on the remaining sections.



03:21 PM --
Brad Wind, Northern Water, testified in support of the bill and discussed the Windy Gap project and other water supply projects and how ANS could negatively impact the infrastructure of Windy Gap and other water projects.



03:25 PM --
Margaret Christiansen, Aurora Water, testified in support of the bill, most specifically the creation of the ANS sticker program.



03:26 PM --
Jhsdu Cutler, Colorado Parks and Recreation Association, testified in support of the bill and distributed a letter of support from Jayna Lang, President of Colorado Parks and Recreation Association (Attachment F).



170417 AttachF.pdf170417 AttachF.pdf



03:28 PM --
Gaspar Perricone, representing himself, testified in support of the bill.



03:30 PM --
Steve Bonowski, representing himself, testified in support of the bill, but stated that he has concerns about Section 4 of the bill.



03:32 PM --
Tom Behunin, Colorado Bowhunters Association, testified in support of the bill and in support of Amendments L.001, L.003, and L.004.



03:36 PM



Representative Wilson responded to questions from the committee.



03:37 PM --
Bill Canterberry, Colorado Cattleman's Association, testified in support of the bill and stated that he does not support Amendment L.004.



03:41 PM --
Dik Ray, Colorado Outfitters Association, testified in support of the bill.



03:43 PM --
Suzanne O'Neil, Colorado Wildlife Association, testified in support of the bill and discussed specific sections of the bill the association supports.



03:46 PM --
David Nickum, Colorado Trout Unlimited, testified in support of the bill.



03:50 PM --
Scott Segerstrom, Colorado Youth Corps Association, testified in support of the bill.



03:52 PM --
Mikkel Anderson, Ducks Unlimited, testified in support of the bill. Mr. Anderson discussed Section 8 of the bill and the water foul stamp and the need for an increase of the water foul stamp fee.











03:54 PM --
Denny Beherens, Big Game Forever, testified in support of the bill and discussed the importance of increasing youth and women's involvement in outdoor recreation.



03:57 PM --
Terry Meyers, Rocky Mountain Bighorn Society, testified in support of the bill.



03:59 PM --
Ivan James, Colorado Backcountry Hunters and Anglers, testified in support of the bill.



04:01 PM --
Dan Gates, Colorado Trappers, testified in support of the bill.



04:06 PM



Mr. James responded to questions from the committee regarding the support from members of outdoor and outfitting organizations for the bill. Mr. Meyers also responded to questions.



04:08 PM --
Juli Stolli, representing herself, testified in support of the bill.



04:11 PM



Mr. Gates responded to questions from the committee regarding the support for the bill from members of his organization.



04:14 PM --
Jim Bensberg, Colorado Off Highway Vehicle Coalition, testified in support of the bill.



04:15 PM --
Dan Schwartz, representing himself, testified in support of the bill.



04:17 PM --
Steve Hilde, representing himself, testified in support of the bill.





04:20 PM



Representative Arndt moved Amendment L.001 and responded to questions from the committee.

BILL: HB17-1321
TIME: 04:22:02 PM
MOVED: Arndt
MOTION: Adopt amendment L.001. The motion passed on a vote of 9-3.
SECONDED: Esgar
VOTE
Becker J.
Yes
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
Yes
Saine
No
Valdez
Yes
Willett
Excused
Mitsch Bush
Yes
Arndt
Yes
YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS







04:25 PM



Representative Arndt explained Amendment L.003. Doug Vilsak, Department of Natural Resources, responded to questions regarding the increase in park entrance fees.

BILL: HB17-1321
TIME: 04:25:56 PM
MOVED: Arndt
MOTION: Adopt amendment L.003. The motion passed on a vote of 10-3.
SECONDED: Hansen
VOTE
Becker J.
Yes
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
Yes
Saine
No
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS







01:17 PM



Committee discussion ensued regarding Amendment L.004 and the division's ability to purchase land and water rights.

BILL: HB17-1321
TIME: 04:45:10 PM
MOVED: Arndt
MOTION: Adopt amendment L.004. The motion passed on a vote of 8-5.
SECONDED: Lebsock
VOTE
Becker J.
No
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
No
Saine
No
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:48 PM



Representative Esgar distributed and explained Amendment L.005 (Attachment G). Committee discussion ensued regarding the amendment.



170417 AttachG.pdf170417 AttachG.pdf

BILL: HB17-1321
TIME: 04:51:23 PM
MOVED: Esgar
MOTION: Adopt amendment L.005. The motion passed without objection.
SECONDED: Danielson
VOTE
Becker J.
Buck
Danielson
Esgar
Hansen
Lebsock
Lewis
McKean
Saine
Valdez
Willett
Mitsch Bush
Arndt
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







04:52 PM



Representatives Wilson and Arndt made concluding comments regarding the bill. Committee discussion ensued.

BILL: HB17-1321
TIME: 05:09:17 PM
MOVED: Arndt
MOTION: Refer House Bill 17-1321, as amended, to the Committee on Finance The motion passed on a vote of 8-5.
SECONDED: Esgar
VOTE
Becker J.
No
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
No
Saine
No
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:25 PM -- HB 17-1291



Representatives Arndt and J. Becker presented House Bill 17-1291, concerning the ability to store water at an alternative place of storage if the historical consumptive use of the water right has already been quantified in a previous change of water right. Representative Arndt distributed a fact sheet regarding the bill (Attachment H) and Amendment L.001 (Attachment I). The bill allows water that has been decreed for storage to be stored in any reservoir without adjudicating a change of water right under certain conditions. These conditions include: the water will be diverted from a previously decreed point of diversion; the owner or operator of the storage water right gives notice to the division engineer in the Department of Natural Resources (DNR) on how the storage of the water will be accounted for in the alternative reservoir; transit and ditch losses, if applicable, will be assessed against the water right from the decreed point of diversion to the alternative reservoir; and the division engineer approves the accounting for the storage of the water in the alternative reservoir. Committee discussion ensued regarding the bill and Amendment L.001.



170417 AttachH.pdf170417 AttachH.pdf170417 AttachI.pdf170417 AttachI.pdf





The following persons testified on the bill:



05:36 PM --
Eric Potlandy, City of Ft. Collins, stated that the city has not taken an official stance on the bill, but is expected to support the bill. Mr. Potlandy discussed the bill and responded to questions from the committee regarding the need to have the ability to store water in a location that is not outlined in the original water right decree.



05:49 PM --
Kevin Niles, Arkansas Groundwater Users Association (AGUA), testified in support of the bill and discussed the benefits of the bill for AGUA customers. Mr. Niles responded to questions from the committee regarding the AGUA's diversion in Pueblo how many wells AGUA serves.



05:57 PM --
Jen Boulton, Trout Unlimited, stated that Trout Unlimited would be supportive of the bill if amended. Ms. Boulten stated that she supports Amendment L.001 and proposed other amendments to the bill in order to ensure that original decrees are protected.



06:04 PM



Representatives Arndt and J. Becker responded to questions from the committee regarding concerns that Ms. Boulton expressed about the bill, including enuring that other terms of a decree will go unchanged and that an alternate place of storage will not be located in another water division than the original point of diversion. Ms. Boulton also responded to questions from the committee regarding terms of court decrees.



06:09 PM --
Chris Treese, Colorado River Water Conservation District, testified in support of the bill, as amended by Amendment L.001. Mr. Treese responded to questions from the committee regarding the amendment.



06:16 PM --
Mark Morley, representing himself, testified in support of the bill and discussed the importance of water storage. Mr. Morley responded to questions about the augmentation of his water rights.

BILL: HB17-1291
TIME: 06:23:04 PM
MOVED: Arndt
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED: Buck
VOTE
Becker J.
Buck
Danielson
Esgar
Hansen
Lebsock
Lewis
McKean
Saine
Valdez
Willett
Mitsch Bush
Arndt
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





06:23 PM



Representatives J. Becker and Arndt made concluding comments on the bill. Committee discussion ensued regarding the bill.

BILL: HB17-1291
TIME: 06:26:03 PM
MOVED: Arndt
MOTION: Refer House Bill 17-1291, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED: Becker J.
VOTE
Becker J.
Yes
Buck
Yes
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
Yes
McKean
Yes
Saine
Yes
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







06:27 PM -- SB 17-225



Representative Saine moved Senate Bill 17-225

BILL: SB17-225
TIME: 06:28:04 PM
MOVED: Saine
MOTION: Refer Senate Bill 17-225 to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED: McKean
VOTE
Becker J.
Yes
Buck
Yes
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
Yes
McKean
Yes
Saine
Yes
Valdez
Excused
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



06:29 PM



The committee adjourned.




The House and Senate are temporarily adjourned.  The building is closed to the public.

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