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J_WRARC_2023A 09/12/2023 09:07:39 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON WATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE
Date 09/12/2023
Attendance
Bridges X
Catlin X
Hinrichsen X
Lynch X
Martinez X
McLachlan X
Pelton R. X
Simpson X
McCormick X
Roberts X
Time 09:07:39 AM to 03:37:10 PM
Place SCR 357
This Meeting was called to order by Roberts
This Report was prepared by Alexa Kelly
Hearing Items Action Taken
Pesticide Discussion from U.S. Environmental Protection Agency Committee Discussion Only
Pesticide Regulation in Colorado Committee Discussion Only
Federal Livestock Antibiotic Regulations Committee Discussion Only
Impacts of Conservation on Water Rights Committee Discussion Only
Status of Gray Wolf Reintroduction Committee Discussion Only
Tribal Nation Water Rights in Colorado Committee Discussion Only
Public Testimony Committee Discussion Only
Bill Draft Requests Committee Discussion Only

09:07:40 AM

Chair Roberts gave opening remarks. Committee materials can be found online here: https://leg.colorado.gov/content/iwrarc2023ascheduleandmeetingmaterials.



Pesticide Discussion from U.S. Environmental Protection Agency - Committee Discussion Only


09:08:33 AM  
Rebecca Perrin, U.S.
Environmental Protection Agency, introduced herself and her presentation.
09:17:26 AM  

Ms. Perrin gave an overviw of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). She discussed the various federal pesticide laws, the registration of pesticides, pesticide labels, communication and outreach, and regulation implementation. She told the committee about the role of FIFRA, the responsibility of the EPA, and the responsibility of states.    

09:17:33 AM  
Ms. Perrin continued
to discuss the roles and responsibilities outlined in FIFRA.
09:22:13 AM  
Ms. Perrin answered
questions from the committee regarding protesters and educating the public,
concerns about chemicals and health and environment, the relationship of
the EPA with the federal government and the states, liability of municipalities,
guidelines about herbicides in relation to the Endangered Species Act,
the difference between general use pesticides and other types of pesticides,
and the registration of new pesticides.  



Pesticide Regulation in Colorado - Committee Discussion Only


09:40:38 AM  

Peter Wadden, Town of Vail Environmental Sustainability Department, introduced his presentation.  He spoke about the challenges the City of Vail is having with water quality in Gore Creek.

09:41:14 AM  
Mr. Wadden discussed
existing pesticide regulations in Colorado and how the city has made an
effort to educate pesticide applicators about protecting the environment,
specifically in Gore Creek.  He told the committee about a study that
was done on Gore Creek to look for landscaping chemicals in the water.
09:46:39 AM  
Mayor Pro Tem JJ
Trout, City of Golden, introduced herself and discussed her role in her
community and how pesticides have impacted her and her family. She told
the committee about Golden's desire to have some local control of pesticides.
09:52:34 AM  

Mayor Pro Tem Trout continued to speak about pesticide-free projects that are running in Golden, why she is advocating for local control of pesticides, and how she is not asking for a full ban on pesticides. She told the committee about her desire for new regulations around notifications of pesticide spraying and additional protections around Clear Creek.

09:56:19 AM  
Mayor Joan Peck, City of Longmont, introduced herself. She told the committee about her desire to implement local control of pesticides after her experiences with pesticides that have caused health problems.
09:58:45 AM  
Mayor Peck urged
the committee to adjust the sunset review period for pesticide regulations
to be a shorter length of time and to remove state preemption of pesticides
from law to allow for local control.  
10:01:06 AM  

Mayor Pro Tem Trout answered questions about the pesticide-free pilot projects in Golden and the current pesticide spraying notification process.

Mayor Peck answered a question about whether Longmont is looking at pesticide-free projects and how they use goats to manage weeds.

Mr. Wadden answered questions about chemicals in Gore Creek.  

10:12:19 AM  
Dan Lisco, Sombrero
Farms, introduced himself and stated his support for the existing state
preemption law around pesticides. He spoke about how local control could
impact agriculture in a negative way.  

10:15:44 AM  
Will LaPoint, SavATree,
introduced himself and discussed the Pesticide Applicators Act and the
existing laws. He expressed his support for the statewide control of pesticides.
10:19:04 AM  

Ryan Riley, Colorado Pest Control Association, introduced himself and told the committee how local control of pesticides could increase the costs of running his pesticide application business.  

10:24:24 AM  
Mitch Savage, CommmonGround
Golf Course, introduced himself and told the committee about how golf courses
often extend into multiple jurisdictions. He discussed how local control
would have a negative impact on managing golf courses across the state.
10:25:26 AM  

Glenda Mostke, Colorado Nursery and Greenhouse Association, introduced herself and told the committee about how pesticide applicators would be impacted by local control of pesticides.

10:28:38 AM  
The panelists responded to questions about potentially excluding agricultural land or property from local control of pesticides, the health of waterways and pollinators, the application of pesticides, and the impacts of pesticides in general.
10:43:32 AM  
The panelists continued to answer questions about regulating pesticides and following existing rules.
10:48:28 AM  

Commissioner Terry Hofmeister, Phillips County, introduced himself and spoke about his support to keep the regulations of pesticides as they currently are.

10:57:06 AM  
Commissioner Gordon
Westhoff, Morgan County, introduced himself and discussed his experience
with pesticides and the difference between restricted-use pesticides and
general use pesticides.  
11:02:10 AM  
The commissioners
answered a question about the cost of utilizing pesticides in cases where
over-saturation occurs.
11:07:55 AM  

Lisa Blecker, Colorado State University, introduced herself and her presentation. She told the committee about her role in pesticide safety education, what makes up a pesticide, FIFRA, and the impacts of local control of pesticides. She also discussed the sunset review process of the Pesticide Applicator's Act.

11:27:04 AM  
Ms. Blecker answered questions about the risks versus benefits of pesticides.
11:37:03 AM  
Ms. Blecker continued to answer questions about local control and addressing community concerns.



Federal Livestock Antibiotic Regulations - Committee Discussion Only


11:45:24 AM  

Ashley House, Colorado Farm Bureau, introduced herself and told the committee about the role of the Farm Bureau in Colorado. She gave background about livestock and antibiotics and the new Food and Drug Administration guidelines.

11:48:04 AM  
Erin Karney, Colorado
Cattlemen's Association, told the committee about the new requirements
that a veterinary relationship be established before producers get antibiotics
for livestock, whereas previously antibiotics could be obtained over the
counter.
11:50:14 AM  
Zach Riley, Colorado Livestock Association, told the committee about his discussions with producers and veterinarians regarding the new rules.
11:53:45 AM  

The panelists answered questions about whether there is something Colorado could do to address the challenges with the rule.

11:55:54 AM  
The panelists answered
questions about the veterinary patient-client relationship.
12:06:08 PM  

The panelists answered questions about the role of the Colorado Department of Agriculture in this issue.



Impacts of Conservation on Water Rights - Committee Discussion Only


12:11:46 PM  
Kevin Rein, State
Engineer, introduced himself and his presentation.  He discussed the
Anti-Speculation Doctrine and how it relates to the abandonment of water
rights. He told the committee about existing protections around abandonment
that are present in Colorado water law.  
12:13:10 PM  

Mr. Rein answered questions about the process of abandoning of water rights.  

12:32:23 PM  
Mr. Rein continued
to answer questions about the abandonment of water rights as it relates
to conservation practices.
12:38:51 PM  

John Cyran, Western Resource Advocates, introduced himself and informed the committee he would be available for questions.

12:40:59 PM  
Richard Van Gytenbeek,
Trout Unlimited, introduced himself and told the committee about the limited
existing protections against abandoning water rights. He discussed the
existing state law that allows for water conservation without abandoning
water rights.
12:48:57 PM  

Kate Ryan, Colorado Water Trust, introduced herself and told the committee about her organization's role in promoting water conservation across the state.  She discussed consumptive use and obstacles associated with shifting water to different beneficial uses.  

12:54:43 PM  
Mr. Cyran told the committee about the existing conservation efforts that exist in the different water divisions across the state. He discussed possible new conservation efforts that could be done in the state to aide water right holders.
01:00:03 PM  
The panelists answered
questions about the concerns of water right holders regarding the possibility
of losing water rights if they make an effort to conserve water.
01:13:13 PM  

Ashley House, Colorado Farm Bureau, spoke about the recent Arizona legislation that has been brought on the topic. She told the committee that this idea could benefit or not benefit individual water rights holders and suggested that any program to be voluntary, temporary, and compensated.

01:18:06 PM  
Jim Yahn, North Sterling Irrigation District, introduced himself and discussed the variety of aspects that go into water right abandonment and conservation efforts. He spoke about historical consumptive use and non-consumptive use.
01:26:47 PM  
The panelists answered questions about return flows and impacts on downstream users or junior water right holders, how conservation impacts consumptive use, and the need for flexibility in a conservation type program that could be created.



Status of Gray Wolf Reintroduction - Committee Discussion Only


01:47:22 PM  

Jeff Davis, Director, Colorado Parks and Wildlife, introduced himself and discussed his background and his role in reintroducing gray wolves to Colorado.

01:50:52 PM  
Reid DeWalt, Colorado
Parks and Wildlife, told the committee about the current status of the
environmental impact statement and told the committee that the existing
plan is on track as originally planned. He spoke about how the wolves will
be acquired and transported to Colorado and efforts to protect agricultural
producers.
01:59:58 PM  
The panelists answered
questions about the federal process in acquiring a Section 10(j) waiver
under the Endangered Species Act, the conversations being had with tribal
nations, supplies that may be provided to farmers and ranchers, the plan
for releasing wolves in specific locations, notifying the communities affected,
and how information will be provided to the public.    

02:15:08 PM  

The panelists continued to answer questions about the timeline for reintroducing wolves, where Colorado will get wolves from, and the possibility of not having wolves before the end of the year.  



Tribal Nation Water Rights in Colorado - Committee Discussion Only


02:31:04 PM  
Council Member Vanessa
Torres, Southern Ute Indian Tribe, introduced her presentation and told
the committee about the history of her tribe. She discussed the water resources
that exist in the area of the reservation and how tribes have historically
not been a part of discussions related to water rights. She told the committee
that her tribe has not been able to utilize their full water allocation
provided by the federal government. She spoke about the opportunities and
challenges that exist when it comes to accessing the water rights promised
to the tribes.  
02:40:35 PM  
Letisha Yazzie, Ute
Mountain Ute Tribe, introduced herself and her presentation. She gave an
overview of the existing water resources within the reservation boundaries.
 She discussed the Dolores Project, which brought drinking water to
the tribe for the first time in 1988.  She told the committee about
the tribe's Mancos Farm water right that the tribe has, which is a junior
water right, and the San Juan River water right, which is a more senior
water right. She spoke about the infrastructure challenges associated with
these water rights, which limit the tribe's ability access its water rights.
She also told the committee about the Animas-La Plata Project, which provides
future water opportunities for the tribe, but she noted that the project
excluded irrigation as an allowable use of the water.  Lastly, she
told the committee about the tribe's Climate Action Plan, which provides
a framework for addressing climate change and adapting to reduced water
supply.
02:50:32 PM  

The panelists answered questions about the Animas-La Plata Project, the federal decision that recently impacted the Navajo Nation, the affect of having Lorelai Cloud on the Colorado Water Conservation Board, and how the state can include tribal voices.



Public Testimony - Committee Discussion Only


02:58:06 PM  
Mrs. Ali Mickelson, representing ASPCA, testified.



Bill Draft Requests - Committee Discussion Only


03:01:14 PM  

Sarah Lozano, Office of Legislative Legal Services, gave an overview of the bill drafting process.



03:22:45 PM
Motion Move to draft a bill concerning veterinary technology scope of practice guidelines
Moved McCormick
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:24:11 PM
Motion Move to request a bill draft concerning authorizing conservancy district water management
Moved Simpson
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:24:39 PM
Motion Move to draft a bill concerning how Colorado can encourage treatment of non-tributary water for reuse and beneficial use
Moved McLachlan
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:25:05 PM
Motion Move to draft a bill concerning a task force to study high altitude water storage in Colorado
Moved McLachlan
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:26:05 PM
Motion Move to draft a bill concerning the requirement of public meetings held by appointees of certain commissions
Moved Roberts
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:26:57 PM
Motion Move to draft a bill concerning nonfunctional turf in new development
Moved Roberts
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:27:35 PM
Motion Move to draft a bill concerning adding a Veterinary Telehealth Act to the Veterinary Practice Act
Moved McCormick
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:28:38 PM
Motion Move to draft a bill concerning the impacts of water conservation on water rights
Moved Roberts
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:29:11 PM
Motion Move to draft a bill concerning the study of green infrastructure to support water quality obligations
Moved Simpson
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:29:55 PM
Motion Move to draft a bill concerning the establishment of a right-of-way easement tax credit for properties that have CDOT rights-of way
Moved Pelton R.
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:30:31 PM
Motion Move to draft a bill concerning civil infractions under the Noxious Weed Act
Moved Roberts
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:31:23 PM
Motion Move to draft a bill concerning a loan-grant program to incentivize Colorado veterinary students to go into USDA veterinary shortage areas in mixed-animal practices
Moved McCormick
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:32:25 PM
Motion Move to draft a bill concerning a constitutional ballot question concerning the right to hunt and fish in Colorado
Moved Roberts
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:34:16 PM
Motion Move to draft a bill concerning groundwater monitoring data
Moved Roberts
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:34:36 PM
Motion Move to draft a bill concerning raw milk
Moved Roberts
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:35:40 PM
Motion Move to draft a bill concerning extending the timeline for the disbursement of funds for the Colorado Wild Horse Project
Moved Lynch
Seconded
Bridges
Catlin
Hinrichsen
Lynch
Martinez
McLachlan
Pelton R.
Simpson
McCormick
Roberts
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:37:10 PM   The committee adjourned.






The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details