H_AGR_2016A 03/07/2016 01:30:00 PM Committee Summary

01:34 PM -- HB 16-1256



Representative Brown, sponsor, presented House Bill 16-1256, concerning a study regarding the creation of additional water storage in the South Platte River Basin. The bill instructs the Colorado Water Conservation Board (CWCB), in collaboration with the State Engineer, to conduct or commission a hydrology study of the South Platte River Basin to estimate, for each of the previous twenty years, the volume of water that has been delivered to Nebraska in excess of the amount required in the South Platte River Compact and that could have been otherwise stored in the Lower South Platte River Basin.



The following persons testified on the bill:



01:44 PM -- James Eklund, Director Colorado Water Conservation Board (CWCB), spoke in support of the bill, as it would be amended by Amendment L.001 (Attachment A). Mr. Eklund discussed the municipal and industrial gap of water supply to water demand in the South Platte River Basin. He responded to questions from the committee regarding how the study would be funded, and how the newly commissioned study would affect the South Platte Recovery Program for Endangered Species. Representative Brown also responded to questions from the committee. Mr. Eklund discussed the similarities and differences between the John Martin Reservoir, on the Arkansas River, and a possible reservoir in the South Platte Basin. He also discussed past litigation regarding water issues between Colorado and Kansas.



160307 AttachA.pdf







02:14 PM -- Bruce Whitehead, Executive Director, Southwestern Water Conservation District, testified remotely in support of the bill. Mr. Whitehead discussed the Colorado Water Plan's stated need for more storage and stated that he would still support the bill with the proposed amendments.



02:20 PM -- Michael Preston, Chairman Southwest Basin Roundtable, testified remotely in support of the bill and stated that the proposed study falls within the Southwest Basin's Basin Implementation Plan, which was created in order to help develop the Colorado Water Plan. Mr. Preston stated that he would support the bill with the proposed amendments.



02:22 PM -- Steve Harris, Southwest Basin Roundtable, testified remotely in support of the bill.



02:25 PM -- Christian Reece, Executive Director, Club 20, testified remotely in support of the bill.



02:29 PM -- David Nickum, Trout Unlimited, spoke in opposition to the bill. Mr. Nickum stated that he would support the bill as amendment by proposed Amendment L002. Mr. Nickum also stated that the Metro Basin Roundtable did not take a position on the bill.



02:34 PM -- Chris Treese, Colorado River Water Conservation District, spoke in support of the bill.



02:35 PM -- Joe Frank, Manager, Lower South Platte Water Conservancy District, spoke in support of the bill.



02:40 PM -- Emily Ibach, Colorado Farm Bureau, spoke in support of the bill.



02:43 PM -- Ben Starkelbaum, Colorado Association of Conservation Districts, spoke in support of the bill.



02:43 PM -- Pat Ratliff, Colorado Water Congress and South Metro Water Supply Authority, spoke in support of the bill.



02:45 PM -- Brock Herzbarg, Colorado Dairy Farmers, spoke in support of the bill.



02:47 PM -- Nick Colglazier, Colorado Competitive Council, spoke in support of the bill.



02:50 PM -- Sophie San Miguel, representing herself, spoke in support of the bill.





02:53 PM



Representative Brown moved Amendment L.001, which had already been distributed to the committee. Representative Mitsch Bush moved and distributed Amendment L.004 (Attachment B), which amends Amendment L.001.



160307 AttachB.pdf

02:57 PM



Representative Brown concluded his comments on the bill.

03:01 PM -- HB 16-1109



Representatives J Becker and K Becker, co-prime sponsors, presented House Bill 16-1109, concerning limits that the basic tenets of Colorado water law place on the ability of certain federal agencies to impose conditions on a water right owner in exchange for permission to use federal land. Representative K Becker distributed Amendment L.003 (Attachment C), which strikes everything below the enacting clause.



160307 AttachC.pdf





The following persons testified on the bill:



03:07 PM -- Kristen Moseley, representing Eagle River Water and Sanitation District and other Western Slope water suppliers, spoke in support of the bill. Ms. Moseley referred to proposed Amendment L.004 (Attachment D), which was distributed to the committee, and discussed the federal government's authority over water rights issues in the state. Ms Moseley responded to questions from the committee regarding Amendments L.003 and L.004.



160307 AttachD.pdf



03:16 PM -- Karen Kwan, First Assistant Attorney General, Department of Law, spoke in opposition the bill. Specifically, Ms. Kwan expressed concern about language in the bill concerning the federal government's authority to impose bypass flow requirements in connection with a special use permit. Representative Becker responded to questions from the committee. Representative Brown distributed Amendment L.005 (Attachment E). Committee discussion ensued, and Ms. Kwan responded to further questions from the committee.



160307 AttachE.pdf



03:43 PM -- Melinda Kassin, Conservation Colorado, stated that she has a neutral position on the bill and discussed the language regarding the federal government's authority to impose bypass flow requirements. Ms. Kassin responded to questions from the committee and committee discussion ensued regarding case law concerning the federal government's authority as it applies to bypass flow requirements and the neutrality of the language in Amendment L.003 and Amendment L.004.



04:07 PM -- Jennifer Berman, Office of Legislative Legal Services (OLLS), spoke about a recent legal opinion written by OLLS concerning the federal government's authority to impose bypass flow requirements.



04:08 PM -- Brian Starkebaum, Colorado Association of Conservation Districts, spoke in support of the bill and responded to questions from the committee.



04:11 PM -- Chris Treese, Colorado River Water Conservancy District, spoke in support of the bill.



04:15 PM -- Diana Orf, Colorado Water Congress, spoke in support of the concepts of the bill and stated that Colorado Water Congress is concerned with language addressing the federal government's authority to impose bypass flow requirements.



04:18 PM -- Nick Colglazier, spoke in support of the bill but expressed concern about specific language in the bill.



04:19 PM -- Robert Harris, Western Resource Advocates, spoke about the the bill but maintained a neutral position. He stated that he is in support of the language in Amendment L.004 addressing the federal government's authority to impose bypass flow requirements.



04:22 PM



The committee recessed.









04:33 PM



The committee came back to order. Representative K Becker moved Amendments L.003 and L.004, which were both seconded by Representative Mitsch Bush. Rep Brown moved Amendment L.005 as a substitute to Amendment L.004. Committee discussion ensued regarding the amendments.

04:52 PM



The committee recessed.





05:08 PM



The committee came back to order. Staff explained to the committee that the committee was still in the amendment phase and that final action on the bill could not be taken until the amendment phase has been closed.

05:18 PM -- HB 16-1283



Representative KC Becker, sponsor, presented House Bill 16-1283, concerning measures to decrease water loss by domestic water suppliers. The bill requires a public entity that supplies at least 2,000 acre-feet of water per year to its customers (covered entity), to submit a validated water loss audit report to the Colorado Water Conservation Board (CWCB) on or before June 30, 2018, and on or before June 30 of each year thereafter. The CWCB must adopt guidelines for the water loss audit reports no later than January 1, 2018. Representative Becker responded to questions from the committee and committee discussion ensued.



05:33 PM -- Rebecca Mitchell, Colorado Water Conservation Board (CWCB), spoke in support of the bill. Ms. Mitchell discussed the Colorado Water Plan and the statewide water needs and goals laid out in the bill and in the Colorado Water Plan. She stated that the bill aligns with chapter 6.3 of the Colorado Water Plan. Ms. Mitchell also discussed the methodology of the data collection laid out in the bill.



05:37 PM -- Donna Brosemer, Greeley Water, Colorado Water Congress and Colorado Municipal League, spoke in opposition to the bill. Ms. Brosemer responded to questions from the committee.



05:43 PM -- Doug Kemper, Executive Director, Colorado Water Congress, spoke in opposition to the bill and responded to questions from the committee.



05:50 PM -- Peter Mayer, representing himself, spoke in support of the bill and responded to questions from the committee.



06:02 PM -- Drew Beckwith, Western Resource Advocates, spoke in support of the bill and answered questions from the committee.







06:18 PM -- Chris Piper, Denver Water, spoke in support of the bill and responded to questions from the committee.



06:30 PM -- Chris Treese, Colorado River Water Conservancy District, spoke in support of the bill with the adoption of proposed amendments, which have not been distributed to the committee. Mr. Tresse responded to questions from the committee and committee discussion ensued.



06:34 PM



The chair closed the testimony phase. Representative Becker requested to lay the bill over to March 21, 2016.



06:40 PM



The committee adjourned.