J_WRARC_2023A 10/31/2023 09:02:50 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON WATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE

Date

10/31/2023

Attendance
Bridges	*
Catlin	X
Hinrichsen	X
Lynch	*
Martinez	X
McLachlan	X
Pelton B.	*
Pelton R.	X
McCormick	X
Roberts	X

Time

09:02:50 AM to 03:20:14 PM

Place

SCR 357

This Meeting was called to order by

Roberts

This Report was prepared by

Alexa Kelly

Hearing Items	Action Taken
hNon-functional Turf	Committee Discussion Only
hUpdate on Federal Farm Bill	Committee Discussion Only
hPublic Rights on Rivers	Committee Discussion Only
hStream Restoration	Committee Discussion Only
hFederal Funding of Colorado Water	Committee Discussion Only
hUpdate from Colorado River Drought Task Force	Committee Discussion Only
hAirborne Snow Observatories, INC	Committee Discussion Only
hPublic Testimony	Committee Discussion Only
hVote on Draft Bills	Committee Discussion Only

09:02:51 AM

All committee materials and presentations can be found here: https://leg.colorado.gov/content/jwrarc2023ascheduleandmeetingmaterials

Non-functional Turf - Committee Discussion Only


	09:04:26 AM	Greg Fisher, Denver Water, introduced himself and his presentation. He spoke about the efforts of municipalities to invest in replacing turf grass and limiting grass in new developments.
	09:05:16 AM	Andy Hill, Denver Water, introduced himself and gave a description of non-functional turf, which is primarily ornamental. He told the committee that non-functional turf is often found in medians and along sidewalks. He spoke about the value of green spaces and does not want these spaces to be lost. He discussed the bill draft that was requested by the committee and testified that it is well balanced.
	09:15:43 AM	Lindsay Rogers, Western Resource Advocates, introduced herself and her presentation. She spoke about the need to reduce municipal outdoor water demand through the limitation of non-functional turf and the recent policy developments and funding efforts that have focused on this issue. She told the committee about the current Turf Replacement Program status, which is expected to fund up to 50 entities' projects. She discussed potential future policy opportunities.
	09:22:13 AM	Heather Stauffer, Colorado Municipal League, introduced herself and her presentation. She spoke about efforts by municipalities to remove and reduce the use of turf in Colorado and provided a list of places where turf removal is taking place. She told the committee about partnerships between municipalities and nonprofits to offer water conservation and lawn replacement services. She discussed the future work that can be done to support ongoing efforts.
	09:29:31 AM	Marshall Brown, Aurora Water, introduced himself. He told the committee about Aurora's developer incentives, but he explained that the development community continued to install non-functional turf. He told them that this is why Aurora banned installation of non-functional turf in new developments. He discussed the need for some local control over non-functional turf.
	09:35:18 AM	The panel responded to questions from the committee regarding the benefits of some green space in communities, the time it would take to recoup the costs for replacing turf grass, concerns with artificial turf, how other states are approaching non-functional turf, and limiting turf in residential areas.

Update on Federal Farm Bill - Committee Discussion Only


	09:46:13 AM	Ashley House, Colorado Farm Bureau, introduced herself. She spoke about items in the Farm Bill and the priorities of her organization for the next Farm Bill. She told the committee about how the 2018 Farm Bill came to pass and how the current Farm Bill is not moving at the same pace. She discussed the possibility of extending the previous Farm Bill, which would cause uncertainty. She continued to discuss the impacts of the Farm Bill on Colorado.
	09:58:12 AM	Ms. House responded to questions from the committee regarding what could happen if there is no Farm Bill passed and about keeping small Farm Service Agency offices from closing. She commended the current work of Senator Bennet's office on the bill.
	10:05:40 AM	Rosy Brummette, Policy Advisor, Office of Senator Michael Bennet, introduced herself and her presentation. She gave an overview of the Farm Bill, including the timeline for passing a new Farm Bill. She told the committee about the spending in the Farm Bill, which includes nutrition, commodities, crop insurance, and conservation. She specifically highlighted the bills that Senator Bennet is running focused on conservation, rural development, and forestry.
	10:22:12 AM	Ms. Brummette responded to questions from the committee regarding rural development and housing, mental health resources for those in the agricultural industry, and Farm Service Agency office funding.

Public Rights on Rivers - Committee Discussion Only


	10:32:08 AM	Mark Squillace, Professor of Law, University of Colorado Law School, introduced himself and his presentation. He told the committee about the difference between navigable and non-navigable streams and legal standards in the state, and he made recommendations for allowing the public to have greater access to waterways.
	10:44:05 AM	Richard Strauss introduced himself. He urged the committee to read his ebook with specific focus on certain terms of interest surrounding navigability law of rivers. He told the committee that questions remain regarding the public rights on streams under existing law.
	10:49:36 AM	Lori Potter, Kaplan, Kirsch, and Rockwell, introduced herself and discussed her role in the recent Colorado v. Hill case and in similar cases during her career. She told the committee about a case where one of her clients sued to have safe access across a river. She spoke about her role representing American Whitewater in public use and river access cases. She told the committee about the ongoing challenges that individuals face when hoping to travel down a river that goes through private property.
	10:58:09 AM	The panelists answered questions from the committee about restrictions around floating on rivers through private property, the interpretation of constitutional language related to the right to float in other states versus Colorado, the final determination in the Colorado v. Hill case, and private property rights.
	11:06:47 AM	Chane Polo, Colorado Water Congress, introduced herself and her organization. She spoke about her organization's Colorado Water Stewardship Project. She discussed how the public trust doctrine and the prior appropriation doctrine in Colorado are in conflict.
	11:11:53 AM	Steve Leonhardt, Colorado Water Congress, introduced himself and his role in the Colorado v. Hill case. He told the committee about his interpretation of the public trust doctrine and how it's been used and interpreted in other states. He discussed how Colorado has rejected the public trust doctrine in the Colorado v. Hill case and in prior cases in Colorado. He spoke about the difference between the right to float versus the right to appropriate.
	11:18:51 AM	Garin Vorthmann, Colorado Farm Bureau, introduced herself and her role in these discussions. She told the committee about her organization's interest, which is focused on private property rights, specifically agricultural property. She discussed liability concerns associated with public rights on rivers.
	11:23:33 AM	The panelists responded to questions from the committee regarding what is navigable, how floating on a river may or may not affect appropriation, the ownership of water in a stream, and the intersection of the right to float and private property rights.

Stream Restoration - Committee Discussion Only


	11:34:00 AM	Abby Burke, Audubon Society, introduced herself. She told the committee about the impacts of Senate Bill 23-270, which focused on stream restoration. She discussed the Colorado Healthy Headwaters Working Group and its efforts to educate people about stream restoration projects. She told the committee about the the ordinary high water mark of a stream and how stream restoration can help put streams back to their natural water mark and flow.
	11:47:53 AM	Kelly Romero-Heaney, Department of Natural Resources, introduced herself and thanked the committee for their work on SB23-270. She spoke about possible policy gaps that remain and how to address them in the future.
	11:52:53 AM	The panelists answered questions from the committee regarding possible new financing from the federal government.

Federal Funding of Colorado Water - Committee Discussion Only


	11:55:08 AM	Nate Pearson, Department of Natural Resources, introduced himself and gave an overview of his presentation. He told the committee about major water investments from the federal government, including the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and other previously existing programs. He discussed the varying types of funding administration at the federal level. He told the committee about drought mitigation funding that currently exists.
	12:06:04 PM	Anna Mauss, Colorado Water Conservation Board, discussed stakeholder engagement and federal technical assistance grants for Colorado water projects. She gave examples of the types of projects that are currently funded in the state.
	12:08:17 PM	Mr. Pearson continued to speak about the state-maintained database of federal funding opportunities that can be accessed by the public. He told the committee about recent legislation that has allowed the state to draw down additional federal funds for water projects.
	12:11:57 PM	The panelists responded to questions from the committee regarding what constitutes "western states" in funding allocation, the amount of funds Colorado could be eligible for, and where constituents can go for more information.

12:14:18 PM

The committee took a break for lunch.

Update from Colorado River Drought Task Force - Committee Discussion Only


	01:00:43 PM	Eagle County Commissioner Kathy Chandler-Henry, Task Force Chair, introduced herself and gave background on the creation of the task force. She spoke about the member makeup of the task force and the discussions the task force has been having, including talks around demand management.
	01:10:00 PM	Dr. Kelsea Macllroy, The Langdon Group, Task Force Facilitator, introduced herself. She relayed gratitude to the committee members for the inclusion of tribal members on the task force. She spoke about the logistics of the task force, including the number of meetings it has had, how it collects public comments, and how members decide what to discuss.
	01:17:38 PM	Commissioner Chandler-Henry spoke about the recommendations that the task force is hoping to make and where the public can engage with the task force online (https://crdroughttaskforce.com/Default).
	01:20:34 PM	The panelists responded to questions from the committee about industrial water rights, discussions around demand management, aging infrastructure, developing programs to protect Colorado's water, and ongoing negotiations.

Airborne Snow Observatories, INC - Committee Discussion Only


	01:34:37 PM	Dr. Jeff Deems, Colorado Airborne Snow Observatories (ASO), Inc, introduced himself and his presentation. He told the committee about the current system for monitoring snowpack and how it relies on consistency rather than adjusting for the changing environment. He spoke about how ASO maps snowpack to predict runoff and snowmelt and displayed examples of the types of data and maps that ASO can provide. He discussed the benefits of gathering this data and how it is currently being utilized in California, funding that has been provided by Colorado to enable the program, and future opportunities.
	01:50:15 PM	Dr. Deems answered questions from the committee regarding how seasonal data can change depending on how many flights ASO can run per year and stakeholder input.

Public Testimony - Committee Discussion Only


	01:55:14 PM	Mrs. Ali Mickelson, representing ASPCA, testified and responded to questions. Doug Kemper, representing Colorado Water Congress, testified. Ms. Rachel Heatley, representing The Dumb Friends League, testified and responded to questions. Mrs. Erin Meschke, representing themself, testified.

Vote on Draft Bills - Committee Discussion Only

02:16:17 PM

The committee took
a brief recess.

02:16:39 PM

Jennifer Berman,
Office of Legislative Legal Services, gave an overview of the bill draft
approval process. She told the committee about the new language for safety
clauses.

02:16:40 PM

Bill draft requests can be found online here: https://leg.colorado.gov/content/jwrarc2023alegislation

02:34:20 PM	Motion	Move to refer more than 3 bills to Legislative Council
	Moved	McCormick
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	Yes
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	Yes
	Pelton R.	Yes
	McCormick	Yes
	Roberts	Yes
		YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:35:48 PM	Motion	Move Amendment 1 (Attachment A) to Bill 1
	Moved	McCormick
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:37:30 PM

Representative McCormick
made comments on the bill.

02:38:00 PM	Motion	Move Bill 1 for consideration by Legislative Council as amended
	Moved	McCormick
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	Yes
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	Yes
	Pelton R.	Yes
	McCormick	Yes
	Roberts	Yes
		YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:38:28 PM

Bill 1 will be sponsored
by Representatives McCormick and Catlin and Senators Roberts and Simpson
and start in the House. Cosponsors include Senators Bridges, Pelton R.,
Pelton B., and Representative McLachlan.

02:41:32 PM	Motion	Move to refer Bill 2 for consideration by Legislative Council
	Moved	Pelton B.
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	Yes
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	Yes
	Pelton R.	Yes
	McCormick	Yes
	Roberts	Yes
		YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:41:33 PM

Bill 2 will be sponsored
by Senators Simpson and Bridges and Representatives Martinez and McCormick
and will start in Senate. Cosponsors include Senators Roberts, Pelton B.,
Pelton R., and Hinrichsen, and Representatives McLachlan and Catlin.

02:43:26 PM

Senator Roberts and Senator B. Pelton made comments on Bill 5.

02:44:53 PM	Motion	Move to refer Bill 5 for consideration by Legislative Council
	Moved	Roberts
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	Yes
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	Yes
	Pelton R.	Yes
	McCormick	Yes
	Roberts	Yes
		YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:45:43 PM	Motion	Move to add Senator Will as a co-prime sponsor to Bill 5
	Moved	Roberts
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:45:44 PM

Bill 5 will be sponsored
by Senators Roberts and Will and Representatives McLachlan and Catlin and
will start in the Senate. Cosponsors include Senators Bridges, Pelton B.,
Pelton R., and Hinrichsen, and Representatives Lynch and Martinez.

02:47:13 PM	Motion	Move Amendment 1 (Attachment B) to Bill 6
	Moved	Roberts
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:47:14 PM

Senator Roberts made comments on Bill 6. The committee asked questions about the bill.

02:48:38 PM	Motion	Move to refer Bill 6 as amended for consideration by Legislative Council
	Moved	Roberts
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	No
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	Yes
	Pelton R.	No
	McCormick	Yes
	Roberts	Yes
		YES: 8 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:48:39 PM

Bill 6 will be sponsored
by Senators Roberts and Simpson and Representatives McCormick and McLachlan
and will start in the Senate. Cosponsors include Senators Bridges and Hinrichsen.

02:49:53 PM

Representative McCormick
discussed Amendment 1 (Attachment C) to Bill 7.

02:50:24 PM	Motion	Move Amendment 1 to Bill 7
	Moved	McCormick
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:51:13 PM

Representative McCormick
made comments on the bill.

02:51:21 PM

Committee members made comments on the bill.

02:57:19 PM	Motion	Move to refer Bill 7, as amended, for consideration by Legislative Council
	Moved	McCormick
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	Yes
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	Yes
	Pelton R.	Yes
	McCormick	Yes
	Roberts	Yes
		YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:58:06 PM	Motion	Move to add Senator Ginal as a prime sponsor to Bill 7
	Moved	McCormick
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:58:07 PM

Bill 7 will be sponsored
by Representatives McCormick and Martinez and Senators Ginal and Pelton
B. and will start in the House. Cosponsors include Representative McLachlan
and Senator Pelton R.

02:58:08 PM

The committee discussed Amendment 1 (Attachment D) and Amendment 2 (Attachment E) to Bill 8.

02:59:05 PM	Motion	Move Amendment 1 to Bill 8
	Moved	Roberts
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:59:58 PM	Motion	Move Amendment 2 to Bill 8
	Moved	Roberts
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:59:59 PM

Senator Roberts discussed
Amendment 1and Amendment 2 on Bill 8 and made comments on the bill.

03:03:09 PM	Motion	Move to refer Bill 8, as amended, for consideration by Legislative Council
	Moved	Roberts
	Seconded

	Bridges	Yes
	Catlin	No
	Hinrichsen	Yes
	Lynch	No
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	No
	Pelton R.	No
	McCormick	Yes
	Roberts	Yes
		YES: 6 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:04:26 PM	Motion	Move to refer Bill 9 for consideration by Legislative Council
	Moved	McCormick
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	Yes
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	Yes
	Pelton R.	Yes
	McCormick	Yes
	Roberts	Yes
		YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:04:27 PM

Bill 9 will be sponsored
by Senators Simpson and Bridges and Representatives Lynch and McCormick
and will start in the Senate. Cosponsors include Senators Roberts and Hinrichsen
and Representatives Catlin and Martinez.

03:07:18 PM

Committee members made comments on the bill.

03:08:43 PM	Motion	Move to refer Bill 11 for consideration by Legislative Council
	Moved	Roberts
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	No
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	No
	Pelton R.	No
	McCormick	Yes
	Roberts	Yes
		YES: 7 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:09:21 PM	Motion	Move to add Representative Lukens as a House co-prime sponsor
	Moved	Roberts
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:09:22 PM

Bill 11 will be sponsored
by Senator Roberts and Representatives Lukens and McLachlan and will start
in the Senate. Cosponsors include Senator Bridges and Representative
McCormick.

03:10:14 PM

Senator Roberts discussed
Amendment 2 (Attachment F) to Bill 15, which is a strike-below amendment.

03:10:47 PM	Motion	Move Amendment 2 to Bill 15
	Moved	Roberts
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:11:10 PM

Senator Roberts made
comments on the bill.

03:12:11 PM

Committee members gave comments on the bill.

03:15:01 PM	Motion	Move to refer Bill 15, as amended, for consideration by Legislative Council
	Moved	Roberts
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	No
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	Yes
	Pelton R.	Yes
	McCormick	Yes
	Roberts	Yes
		YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:15:29 PM	Motion	Move to add Representative McCluskie as a House prime sponsor
	Moved	Roberts
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:15:30 PM

Bill 15 will be sponsored
by Senators Roberts and Pelton B. and Speaker McCluskie and will start
in the Senate. Cosponsors include Senators Bridges and Pelton R., and Representatives
McCormick, Martinez, and McLachlan.

03:16:45 PM

Minority Leader Lynch
made comments on Amendment 1 (Attachment G) to Bill 16.

03:17:31 PM	Motion	Move Amendment 1 to Bill 16
	Moved	Lynch
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:18:20 PM	Motion	Move to refer Bill 16, as amended, for consideration by Legislative Council
	Moved	Lynch
	Seconded

	Bridges	Yes
	Catlin	Yes
	Hinrichsen	Yes
	Lynch	Yes
	Martinez	Yes
	McLachlan	Yes
	Pelton B.	Yes
	Pelton R.	Yes
	McCormick	Yes
	Roberts	Yes
		YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:18:47 PM	Motion	Move to add Representative Duran as a co-prime sponsor to Bill 16
	Moved	Roberts
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:19:05 PM	Motion	Move to add Senators Ginal and Will as co-prime sponsors to Bill 16
	Moved	Roberts
	Seconded

	Bridges
	Catlin
	Hinrichsen
	Lynch
	Martinez
	McLachlan
	Pelton B.
	Pelton R.
	McCormick
	Roberts
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:19:06 PM

Bill 16 will be sponsored
by Senators Ginal and Will and Representatives Lynch and Duran and will
start in the House. Cosponsors include Representatives McLachlan and Martinez.

03:20:14 PM

The committee adjourned.