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s_agr_2017a_2017-04-20t13:32:10z3 Hearing Summary

Date: 04/20/2017

Location: SCR 357

Final

BILL SUMMARY for SB17-282



SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY


Votes: View--> Action Taken:
Adopt amendment L.001. The motion passed without o

Adopt amendment L.002. The motion passed without o

Postpone Senate Bill 17-282. The motion passed on

Refer Senate Bill 17-282, as amended, to the Commi
Pass Without Objection

Pass Without Objection

PASS

FAIL







01:49 PM -- SB 17-282



Senator Sonnenberg, prime sponsor, described the provisions of Senate Bill 17-282 concerning dedicated reservoir release for environmental purposes and distributed Amendment L.001 (Attachment F) that strikes everything below the enacting clause and Amendment L.002 (Attachment G) that amends Amendment L.001. The bill creates a process by which a storage water right owner may obtain a water court decree authorizing releases to be delivered downstream for decreed beneficial uses by the Colorado Water Conservation Board (CWCB). The releases may be used in the intervening stream reach to preserve or improve the natural environment, if certain conditions are met.



170420 AttachF.pdf170420 AttachF.pdf170420 AttachG.pdf170420 AttachG.pdf



The following persons testified on the bill:



01:56 PM --
Eric Wilkinson, General Manager, Northern Colorado Water Conservancy District, spoke in support of the bill and discussed the proposed Northern Integrated Supply Project (NISP). He distributed a map of the qualifying stream reach under NISP (Attachment H) and a hydrograph of the Poudre River near downtown Fort Collins (Attachment I) and responded to question from the committee about the bill, mitigation of environmental impacts related to NISP, and the permit process for the project.



170420 AttachH.pdf170420 AttachH.pdf170420 AttachI.pdf170420 AttachI.pdf



02:12 PM --
Tom Norton, City of Greeley, spoke in opposition to the bill and discussed the potential impact of instream flow water rights on other types of water rights.



02:17 PM --
Harold Evans, City of Greeley, spoke in opposition to the bill and discussed water supply projects identified in the Colorado Water Plan. He also explained how the bill could impact the city's water rights.



02:20 PM --
Zach Miller, City of Greeley, spoke in opposition to the bill and explained how it could impact the city's water rights.



02:24 PM --
Bill Wombacher, East Cherry Creek Valley Water and Sanitation District, Arapahoe County Water Authority, spoke in opposition to the bill.



02:29 PM --
Sheela Stack, East Cherry Creek Valley Water and Sanitation District, Arapahoe County Water and Waste Water Authority, spoke in opposition to the bill.



02:31 PM --
John Kaufman, Centennial Water and Sanitation District, spoke in opposition to the bill and responded to questions from the committee about his concern with the bill.



02:35 PM --
Scott Edgar, Farmers Reservoir and Irrigation Company (FRICO), spoke in opposition to the bill and discussed FRICO water rights and water diversions.



02:39 PM --
Pat Ratliff, South Metro Water Supply Authority, spoke in opposition to the bill and responded to questions from the committee about her concern with the bill.



02:42 PM --
Rick McLoud, Centennial Water and Sanitation District, spoke in opposition to the bill and distributed a copy of the Fish, Wildlife, and Recreation Mitigation Plan for the Chatfield Reallocation Project (Attachment J). He also responded to questions from the committee about his concern with the bill and federal environmental regulations related to water projects.



170420 AttachJ.pdf170420 AttachJ.pdf



02:50 PM --
Matt Bliss, East Cherry Creek Valley Water and Sanitation District, Arapahoe County Water and Waste Water Authority, spoke in opposition to the bill.



02:54 PM --
Brett Gracely, Colorado Springs Utilities, spoke in opposition to the bill. He also responded to questions from the committee about his concern with the bill and explained how it would impact water users in Arapahoe County.



02:58 PM --
Ken Baker, Upper Arkansas Water Conservancy District, spoke in opposition to bill.



03:03 PM --
Bruce Whitehead, Southwestern Water Conservation District, identified concerns his board has with the bill. He also responded to questions from the committee about the cost to NISP participants if the bill is delayed.



03:08 PM --
Garin Vorthman, Colorado Farm Bureau, spoke in support of the bill as amended by Amendment L.001.



03:09 PM --
Rick Fendell, City of Fort Lupton, spoke in support of the bill and explained how NISP will benefit the city. He also responded to questions from the committee about other entities that bill benefit from NISP and the cost to these entities if the bill is delayed.



03:17 PM --
Chris Treese, Colorado River Water Conservation District, spoke in support of the bill.



03:17 PM --
Jen Boulton, Colorado Trout Unlimited, spoke in support of the bill as amended by Amendment L.001.



03:21 PM --
Peggy Montano, Northern Colorado Water Conservancy District, spoke in support of the bill as amended by Amendment L.001 and discussed NISP and the communities that would benefit from the project. She also responded to prior testimony in opposition to the bill and responded to questions from the committee about the bill and concerns expressed about the bill.



Legacy Water, Inc., distributed a fact sheet in opposition to the bill (Attachment K).



170420 AttachK.pdf170420 AttachK.pdf



03:30 PM



The chair closed testimony, and Senator Sonnenberg closed his remarks on the bill.


BILL: SB17-282
TIME: 03:32:21 PM
MOVED: Sonnenberg
MOTION: Refer Senate Bill 17-282, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:
VOTE
Cooke
Yes
Coram
No
Donovan
No
Fenberg
No
Fields
No
Garcia
No
Jones
No
Marble
Yes
Scott
Yes
Baumgardner
Yes
Sonnenberg
Yes
Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL



03:33 PM



Ms Montano returned to the table to respond to questions from the committee about the Amendment L.002.

BILL: SB17-282
TIME: 03:33:03 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-282
TIME: 03:32:35 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-282
TIME: 03:37:16 PM
MOVED: Cooke
MOTION: Postpone Senate Bill 17-282. The motion passed on a vote of 6-5.
SECONDED:
VOTE
Cooke
No
Coram
Yes
Donovan
Yes
Fenberg
Yes
Fields
Yes
Garcia
Yes
Jones
Yes
Marble
No
Scott
No
Baumgardner
No
Sonnenberg
No
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS












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