h_agr_2017a_2017-03-13t13:31:36z2 Hearing Summary

Date: 03/13/2017

Location: RM 271

07:49 PM -- HB 17-1190



Majority Leader Becker, sponsor, presented House Bill 17-1190, concerning the limited applicability of the Colorado Supreme Court's Decision in St. Jude's Co. v. Roaring Fork Club, LLC (St Jude's). The Colorado Supreme Court held in St. Jude's 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.



07:53 PM -- Chris Treese, Colorado River District, spoke in support of the bill, as it would be amended by Amendment L.001, which was distributed by Majority Leader Becker, and Amendment L.002, which was distributed by Representative Becker (Attachments C and D, respectively). Mr. Treese provided a background of the St. Jude's case and responded to further questions from the committee. Mr. Treese provided a list of water rights that could possibly be affected by the St. Jude's case (Attachment E).



170313 AttachC.pdf170313 AttachD.pdf170313 AttachE.pdf



08:13 PM -- Dianna Orf, Colorado Water Congress, spoke in support of the bill.



08:25 PM -- Michael Browning, Eagle Reservoir Company, spoke in support of the bill. Mr. Browning responded to questions from the committee regarding the St. Jude's case and his concern that the decision could be applied retroactively to established water rights.



08:35 PM -- Pat Ratliff, South Metro Water Supply Authority, stated that she did not support the introduced version of the bill, but she would support the bill if amended by Amendment L.001.



08:39 PM -- Michael Mitchell, Creekside Coalition, spoke in support of the bill.



08:46 PM -- Kristen Moseley, Eagle River Water and Sanitation District, spoke in support of the bill and stated that the Ute Water Conservancy District also supports the bill.



08:51 PM -- Theresa Conley, Conservation Colorado, The Nature Conservancy, and the Audubon Society, spoke in support of the bill. Ms. Conley responded to questions from the committee.



08:58 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. In response to some of Ms. Green's concerns, Majority Leader Becker stated that she would commit to working on the language of the bill.



09:04 PM -- Emily Ibach, Colorado Farm Bureau, spoke in support of the bill and stated that water rights adjudicated prior to the St. Jude's case should remain in tact.





09:07 PM



Committee discussion regarding the bill ensued.

09:09 PM



Majority Leader Becker made concluding comments on the bill, and committee discussion ensued.