I_WRRC_2017A 10/31/2017 10:30:58 AM Committee Summary
Final
STAFF SUMMARY OF MEETING
WATER RESOURCES REVIEW COMMITTEE
| Date: | 10/31/2017 |
ATTENDANCE
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| Time: | 10:30 AM to 02:06 PM |
Baumgardner
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X
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Coram
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X
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| Place: | SCR 352 |
Donovan
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X
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|
Esgar
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X
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||
| This Meeting was called to order by |
Hansen
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X
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| Senator Sonnenberg |
Jones
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X
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Saine
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X
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| This Report was prepared by |
Willett
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X
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| Meghan O'Connor |
Arndt
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*
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Sonnenberg
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X
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X = Present, E = Excused, A = Absent, * = Present after roll call, R = Remote Participation
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| Bills Addressed: | Action Taken: | ||
| Follow-Up on South Platte High Groundwater Issues Public Testimony Recommendations to CWCB on Colorado Water Plan Final Action on Committee Legislation |
Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Recommendation(s) Approved |
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10:31 AM -- Follow-Up on South Platte High Groundwater Issues
Due to a combination of natural geology and hydrology, average to above average precipitation in the South Platte watershed, increased recharge for augmentation purposes, and decreased groundwater pumping, high groundwater within and near the towns of Gilcrest and La Salle is causing damage to property and agricultural land. The committee heard presentations regarding the high water table level on August 2, 2017, and October 5, 2017. Glen Fritzler, Fritzler Farms, introduced himself to the committee and provided the committee with a follow-up presentation on the high water table level on the South Platte, specifically in the Gilcrest/La Salle area. Mr. Fritzler discussed how the high groundwater has impacted his property. He distributed a letter from an engineering firm concerning the groundwater levels and septic interaction in Weld County and pictures depicting damage done to his property by the high water levels (Attachment A).
Attachment A.pdf
10:41 AM
Gene Kammerzell, Weld County Farm Bureau, introduced himself to the committee and discussed the impact of the high water table, specifically in the Gilcrest/La Salle area. He distributed statistics and pictures of the impact from the high water levels (Attachment B).
Attachment B.pdf
10:45 AM
Robert Logenbaugh introduced himself to the committee and distributed maps and statistics regarding the high groundwater levels in the Gilcrest/La Salle area (Attachment C), a memorandum regarding the Gilcrest/ La Salle Pilot Prject Hydrogeologic Characterization Report (Attachment D), and the Colorado Water Conservation Board (CWCB) report concerning the Emergency Dewatering Grant Program created by House Bill 15-1178 (Attachment E). Mr. Logenbaugh discussed the work of the Groundwater Technical Committee, of which he is a member, and stated his concerns with the Dewatering Grant Program.
Attachment C.pdf Attachment D.pdf Attachment E.pdf
10:51 AM
Mr. Logenbaugh responded to questions from the committee concerning the pilot program study and explained why he is not satisfied with the results of that study.
10:56 AM -- Public Testimony
Jo Ann Maes, representing herself, testified in support of legislation that addresses the high groundwater issues in the Gilcrest/La Salle area. Ms. Maes responded to questions from the committee regarding the damage done to her home by the high groundwater levels.
11:01 AM -- Recommendations to CWCB on Colorado Water Plan
Senator Sonnenberg opened discussion for committee members regarding the letter drafted to submit to the CWCB regarding the Colorado Water Plan (Attachment F). Senator Sonnenberg moved that the committee ratify the letter he drafted to CWCB regarding the plan. After discussion, the committee opted to not ratify the letter, rather Senator Sonnenberg will submit the letter as the chair of the committee without the full committee approval.
Attachment F.pdf
| BILL: | Recommendations to CWCB on Colorado Water Plan | |
| TIME: | 11:04:01 AM | |
| MOVED: | Sonnenberg | |
| MOTION: | Ratify the chairman's letter This motion was withdrawn. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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||
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Coram
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||
|
Donovan
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||
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Esgar
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||
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Hansen
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Jones
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Saine
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||
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Willett
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||
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Arndt
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||
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Sonnenberg
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Withdrawn
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11:04 AM -- Final Action on Committee Legislation
Representative Arndt stated that Draft Bill 1, concerning the ability to use water that has been adjudicated for municipal use in a related municipal water supply system would be withdrawn from consideration. Draft Bill 1 and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2). Representative Arndt distributed a letter from the city of Ft. Collins requesting that the committee withdraw the bill (Attachment G).
Attachment G.pdf
Representative Willett informed the committee that Draft Bill 8, concerning additional procedural protections for private property rights relating to water quality would be withdrawn from consideration. Draft Bill 8 and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2).
11:07 AM
Pursuant to Section 37-98-103, C.R.S., no bill may be reported to the Legislative Council unless a two-thirds majority of the appointed members of the committee (at least 7 members) vote to report such bill to the Legislative Council. Also, the committee may report no more than three bills or other measures to the Legislative Council, unless a two-thirds majority of the members of the committee vote to report a greater number. Such greater number may not exceed one bill or other measure per member.
| BILL: | Final Action on Committee Legislation | |
| TIME: | 11:07:44 AM | |
| MOVED: | Sonnenberg | |
| MOTION: | Motion to allow the committee go beyond three bill limitation. The motion passed on a vote of 10-0. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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Yes
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|
Coram
|
Yes
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|
|
Donovan
|
Yes
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|
|
Esgar
|
Yes
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|
|
Hansen
|
Yes
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|
|
Jones
|
Yes
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|
|
Saine
|
Yes
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|
|
Willett
|
Yes
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|
|
Arndt
|
Yes
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|
|
Sonnenberg
|
Yes
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|
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YES: 10 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
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Committee discussion ensued on Draft Bill 2, concerning the ability of operators of sand and gravel mines to use water incidental to sand and gravel mining operations to mitigate the impacts of mining. Draft Bill 2 and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2).
| BILL: | Final Action on Committee Legislation | |
| TIME: | 11:10:00 AM | |
| MOVED: | Coram | |
| MOTION: | Recommend Draft Bill 2 to the Legislative Council. The motion passed on a vote of 10-0. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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Yes
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|
|
Coram
|
Yes
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|
|
Donovan
|
Yes
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|
|
Esgar
|
Yes
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|
|
Hansen
|
Yes
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|
|
Jones
|
Yes
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|
|
Saine
|
Yes
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|
|
Willett
|
Yes
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|
|
Arndt
|
Yes
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|
|
Sonnenberg
|
Yes
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Final YES: 10 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
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11:12 AM
Representative Esgar presented Draft Bill 3, concerning the funding of Colorado Parks and Wildlife's Aquatic Nuisance Species (ANS) Program. Draft Bill 3 and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2). Representative Esgar distributed Amendment 1 to the committee (Attachment H). The committee heard the following public testimony concerning Draft Bill 3:
Attachment H.pdf
11:12 AM -- Doug Vilsack, Department of Natural Resources and Doug Krieger, Colorado Parks and Wildlife, testified in support of the bill. Mr. Vilsack discussed the lack of funding to support the program and explained the offered amendment.
11:18 AM
Mr. Krieger responded to questions from the committee regarding the funding of the ANS Program and how funding is distributed. Mr. Vilsack stated that the funding would not increase as a result of the bill, rather it would sustain its current funding level. Mr. Krieger explained how moneys are spent in the program. Mr. Vilsack stated that all funds that are directed to the program must be spent on ANS issues. Mr. Vilsack responded to questions regarding the fees charged to state residents and nonresidents. Mr. Krieger responded to questions from the committee regarding boat inspections.
Mr. Vilsack responded to questions from the committee regarding CPW's recent meeting with supporters of sea plane legislation, with regard to how sea planes would be inspected if they were allowed to land on CPW bodies of water. Mr. Vilsack responded to questions regarding the effectiveness of the ANS inspection program. Committee discussion ensued regarding the program and similar programs in bordering states.
| BILL: | Final Action on Committee Legislation | |
| TIME: | 11:35:48 AM | |
| MOVED: | Esgar | |
| MOTION: | Adopt Amendment 1 to Draft Bill 3. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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||
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Coram
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Donovan
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Esgar
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Hansen
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Jones
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Saine
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Willett
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||
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Arndt
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Sonnenberg
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection
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| BILL: | Final Action on Committee Legislation | |
| TIME: | 11:37:18 AM | |
| MOVED: | Esgar | |
| MOTION: | Recommend Draft Bill 3 to Legislative Council, as amended. The motion passed on a vote of 10-0. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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Yes
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Coram
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Yes
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|
Donovan
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Yes
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|
|
Esgar
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Yes
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|
|
Hansen
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Yes
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|
|
Jones
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Yes
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|
Saine
|
Yes
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|
Willett
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Yes
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|
Arndt
|
Yes
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|
Sonnenberg
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Yes
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Final YES: 10 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
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11:39 AM
Senator Donovan presented Draft Bill 4b, concerning the allowable uses of reclaimed domestic wastewater. Draft Bill 4b and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2). The following persons testified on the bill:
11:40 AM -- Shannon Spurlock, Denver Urban Gardens, testified in support of the bill. Ms. Spurlock responded to questions from the committee concerning recycled water on school gardens.
11:44 AM -- Abbey Antolovich, Denver Water Water Efficiency Team, testified in support of the bill.
11:47 AM -- Dr. Tzahi Cath, Colorado School of Mines, testified in support of the bill. Dr. Cath responded to questions from the committee regarding the safety of reclaimed water.
11:53 AM -- Patti Mason, representing herself, testified in support of the bill.
11:56 AM -- Robert Longenbaugh, representing himself, discussed salinity levels in irrigation waters. He distributed a report of Agricultural Salinity Assessment and Management (Attachment I), a fact sheet regarding water quality (Attachment J), and information regarding salinity tolerance in irrigated crops (Attachment K).
Attachment I.pdf Attachment J.pdf Attachment K.pdf
12:01 PM -- Gene Kammerzell, Weld County Farm Bureau, testified in opposition to the bill.
12:03 PM -- Alexander Funk, National Young Farmers Coalition, testified in support of the bill.
12:06 PM -- Glen Fritzler, representing himself, testified in opposition to the bill and discussed the issue of salinity in irrigation water.
12:10 PM -- Patrick Pfaltzgraff, Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD), introduced himself to the committee and distributed a position paper that addresses Draft Bill 4b, Draft Bill 6, and Draft Bill 7 (Attachment L). Mr. Pfaltzgraff discussed the division's concerns with the bills, specifically with regards to Draft Bill 4b.
Attachment L.pdf
12:15 PM
Senator Donovan distributed Amendment 2 to Draft Bill 4b (Attachment M) and a preamended version of the bill (Attachment N), and committee discussion ensued.
Attachment M.pdf Attachment N.pdf
12:21 PM
Matt Becker, Colorado Legislative Council, responded to questions from the committee regarding the fiscal note for Draft Bill 4b.
12:23 PM
Committee discussion continued regarding the bill.
| BILL: | Final Action on Committee Legislation | |
| TIME: | 12:27:22 PM | |
| MOVED: | Donovan | |
| MOTION: | Adopt amendment 2 to Draft Bill 4b (as previously amended by Amendment 1). The motion failed on a vote of 1-9. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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No
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Coram
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No
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Donovan
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No
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Esgar
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No
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Hansen
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No
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Jones
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Yes
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Saine
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No
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Willett
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No
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Arndt
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No
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|
Sonnenberg
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No
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YES: 1 NO: 9 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: FAIL
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| BILL: | Final Action on Committee Legislation | |
| TIME: | 12:28:10 PM | |
| MOVED: | Donovan | |
| MOTION: | Recommend Draft Bill 4b to Legislative Council. The motion failed on a vote of 6-4 because the vote did not fulfil the two-thirds majority requirement. | |
| SECONDED: | ||
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VOTE
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|
Baumgardner
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No
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|
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Coram
|
No
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|
Donovan
|
Yes
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|
|
Esgar
|
Yes
|
|
|
Hansen
|
Yes
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|
|
Jones
|
Yes
|
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|
Saine
|
No
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|
Willett
|
Yes
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|
|
Arndt
|
Yes
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|
|
Sonnenberg
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No
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Final YES: 6 NO: 4 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: FAIL
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12:29 PM
Representative Arndt presented Draft Bill 6, concerning the allowable uses of domestic wastewater to include marijuana cultivation as an approved use. Draft Bill 6 and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2). Representative Arndt distributed Amendment 1 to Draft Bill 6 (Attachment O). The following persons testified on the bill:
Attachment O.pdf
12:30 PM -- Ms. Antolovich, Denver Water, testified in support of the bill.
12:32 PM -- Dr. Cath, Colorado School of Mines, testified in support of the bill.
12:33 PM -- Mr. Longenbaugh, representing himself, testified in opposition to the bill and discussed salinity level in marijuana crops.
12:35 PM
Dr. Cath and Mr. Longenbaugh responded to questions from the committee concerning testing salinity in reused water. Ms. Antolovich also responded to questions from the committee concerning salinity in irrigated water. Committee discussion ensued regarding the reuse of water to meet water supply needs.
| BILL: | Final Action on Committee Legislation | |
| TIME: | 12:41:01 PM | |
| MOVED: | Arndt | |
| MOTION: | Adopt Amendment 1 to Draft Bill 6. The motion passed on a vote of 8-2. | |
| SECONDED: | ||
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VOTE
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||
|
Baumgardner
|
Yes
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|
|
Coram
|
Yes
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|
|
Donovan
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Yes
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|
|
Esgar
|
Yes
|
|
|
Hansen
|
Yes
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|
|
Jones
|
Yes
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|
|
Saine
|
Yes
|
|
|
Willett
|
No
|
|
|
Arndt
|
Yes
|
|
|
Sonnenberg
|
No
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|
|
YES: 8 NO: 2 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
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| BILL: | Final Action on Committee Legislation | |
| TIME: | 12:42:35 PM | |
| MOVED: | Arndt | |
| MOTION: | Recommend Draft Bill 6 to Legislative Council. The motion passed on a vote of 8-2. | |
| SECONDED: | ||
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VOTE
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||
|
Baumgardner
|
Yes
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|
|
Coram
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Yes
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|
|
Donovan
|
Yes
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|
|
Esgar
|
Yes
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|
|
Hansen
|
Yes
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|
|
Jones
|
Yes
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Saine
|
No
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Willett
|
No
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Arndt
|
Yes
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|
Sonnenberg
|
Yes
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Final YES: 8 NO: 2 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
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12:44 PM
Senator Donovan presented Draft Bill 7, concerning the allowable uses of reclaimed water to include industrial hemp cultivation. Draft Bill 7 and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2).
| BILL: | Final Action on Committee Legislation | |
| TIME: | 12:45:21 PM | |
| MOVED: | Donovan | |
| MOTION: | Recommend Bill 7 to Legislative Council. The motion passed on a vote of 10-0. | |
| SECONDED: | ||
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VOTE
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||
|
Baumgardner
|
Yes
|
|
|
Coram
|
Yes
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|
|
Donovan
|
Yes
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|
|
Esgar
|
Yes
|
|
|
Hansen
|
Yes
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|
|
Jones
|
Yes
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|
Saine
|
Yes
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|
|
Willett
|
Yes
|
|
|
Arndt
|
Yes
|
|
|
Sonnenberg
|
Yes
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Final YES: 10 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
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12:47 PM
Representative Saine presented Draft Bill 9, concerning additional protections against property damage due to rising groundwater. Draft Bill 9 and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2). Representative Saine distributed three amendments that strike everything below the enacting clause: Amendment 1 (Attachment P), Amendment 2 (Attachment Q), and Amendment 3 (Attachment R). Representative Saine discussed the three amendments. Committee discussion continued. The following persons testified on Draft Bill 9 and the amendments:
Attachment P.pdf Attachment Q.pdf Attachment R.pdf
01:02 PM -- Kevin Rein, State Engineer, Division of Water Resources, introduced himself to the committee. He discussed the importance of the issue and discussed the work being done by the Groundwater Technical Committee and issues that arise with possible solutions that come out of discussions from that committee. He stated that the technical committee has established the groundwater network, which was codified through House Bill 16-1256. Mr. Rein discussed the current pilot project program and how that program can help well owners to dewater their properties. He stated that one solution to this problem is finding a way for wells to pump water. Mr. Rein responded to questions from the committee regarding participation in the pilot project, specifically mentioning the quality of the water that comes from the well versus the surface water in producing crops.
01:07 PM
Mr. Rein continued to answer questions from the committee. He discussed why certain wells are not a part of the pilot project as monitoring wells and how data from the monitoring wells is currently being used.
01:10 PM -- Pat Ratliff, South Metro Water Supply Authority, testified in opposition to the bill and stated that Water Rights Association of the South Platte is also in opposition to the bill.
01:11 PM -- Trudy Peterson, the Town of Gilcrest, testified in support of the bill.
01:14 PM -- Rick Fendell, the Town of Gilcrest, testified in support of the bill. Mr. Fendell responded to questions from the committee regarding possible solutions to the issue of high groundwater and the assumed costs of those solutions. Committee discussion ensued.
01:33 PM -- Mr. Fritzler provided testimony in support of the bill.
01:37 PM
Representative Saine withdrew Draft Bill 9 from consideration. Representative Saine presented Draft Bill 10, concerning the establishment of a study to mitigate the high water table near Gilcrest, Colorado. Draft Bill 10 and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2). The following persons testified on Draft Bill 10:
01:38 PM -- Joan Green, Water Rights Association of the South Platte, testified in opposition to the bill.
01:39 PM
Clare Pramuk, Colorado Legislative Council, responded to questions from the committee regarding the fiscal impact of the bill.
01:41 PM -- Mr. Longenbaugh testified in support of the bill and responded to questions from the committee.
| BILL: | Final Action on Committee Legislation | |
| TIME: | 01:48:43 PM | |
| MOVED: | Saine | |
| MOTION: | Recommend Draft Bill 10 to Legislative Council. The motion failed on a vote of 1-9. | |
| SECONDED: | ||
|
VOTE
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||
|
Baumgardner
|
No
|
|
|
Coram
|
No
|
|
|
Donovan
|
No
|
|
|
Esgar
|
No
|
|
|
Hansen
|
No
|
|
|
Jones
|
No
|
|
|
Saine
|
Yes
|
|
|
Willett
|
No
|
|
|
Arndt
|
No
|
|
|
Sonnenberg
|
No
|
|
|
Final YES: 1 NO: 9 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: FAIL
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01:49 PM
Senator Sonnenberg presented Draft Bill 11, concerning an expansion of the duration for which the Colorado Water Resources and Power Development Authority may make a loan under the authority's revolving loan programs. Draft Bill 11 and the corresponding fiscal note are available on the committee's website (http://leg.colorado.gov/content/iwrrc2017acommdocs#content-title-2).
01:52 PM -- Mr. Pfaltzgraff, CDPHE, testified in support of the bill.
01:53 PM -- Michael Brod, Colorado Water Resources and Power Development Authority, testified in support of the bill. Mr. Brod responded to questions from the committee regarding interest rates of CWRPDA loans and the terms of the loans and grants provided to small communities for water projects.
| BILL: | Final Action on Committee Legislation | |
| TIME: | 02:03:52 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Recommend Bill 11 to Legislative Council. The motion passed on a vote of 7-3. | |
| SECONDED: | ||
|
VOTE
|
||
|
Baumgardner
|
Yes
|
|
|
Coram
|
Yes
|
|
|
Donovan
|
Yes
|
|
|
Esgar
|
Yes
|
|
|
Hansen
|
Yes
|
|
|
Jones
|
No
|
|
|
Saine
|
No
|
|
|
Willett
|
No
|
|
|
Arndt
|
Yes
|
|
|
Sonnenberg
|
Yes
|
|
|
Final YES: 7 NO: 3 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
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02:06 PM
The committee adjourned.