S_AGR_2024A 04/11/2024 01:43:48 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON AGRICULTURE & NATURAL RESOURCES Date 04/11/2024 Attendance Kirkmeyer X Marchman X Pelton B. X Priola X Simpson X Danielson X Roberts X Time 01:43:48 PM to 06:54:54 PM Place SCR 352 This Meeting was called to order by Roberts This Report was prepared by Julia Jackson Hearing Items Action Taken hConf 24-Wildlife Habitat Stamp Committee Favorably Refer to Full Senate - Consent Calendar hConf 24-Ground Water Commission Favorably Refer to Full Senate - Consent Calendar hSB24-199 Referred to Senate Appropriations hSB24-127 Amended, referred to Senate Finance Conf 24-Wildlife Habitat Stamp Committee - Favorably Refer to Full Senate - Consent Calendar 01:44:18 PM Heather Disney Dugan, Deputy Director, Colorado Parks and Wildlife, introduced the Wildlife Habitat Stamp Committee, reappointed board member Liz Rose, and appointees Ivan James II, Julia Kintsch, Jonathan Proctor, and Liza Rossi. The appointees introduced themselves to the committee. 02:02:33 PM Motion Refer the appointment of Liz Rose, Ivan James II, Julia Kintsch, Jonathan Proctor, and Liza Graham Rossi to the Conf 24-Wildlife Habitat Stamp Committee to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Danielson Seconded Kirkmeyer Yes Marchman Yes Pelton B. Yes Priola Yes Simpson Yes Danielson Yes Roberts Yes Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS Conf 24-Ground Water Commission - Favorably Refer to Full Senate - Consent Calendar 02:02:58 PM Tracy Kosloff, Deputy Director, Division of Water Resources, introduced the Ground Water Commission, reappointed board members James Noble and Timothy Paulter, and new appointee David Payne. The appointees introduced themselves to the committee. 02:13:38 PM Mr. Paulter responded to questions from the committee. 02:14:20 PM Motion Refer the appointment of James Noble, Timothy Paulter, David Payne to the Conf 24-Ground Water Commission to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Danielson Seconded Kirkmeyer Yes Marchman Yes Pelton B. Yes Priola Yes Simpson Yes Danielson Yes Roberts Yes Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB24-199 - Referred to Senate Appropriations 02:14:44 PM Senator Will and Senator Roberts, co-prime sponsors, presented Senate Bill 24-199 to the committee. The bill authorizes the use of $5 million from the Species Conservation Trust Fund for specific programs submitted by the director of the Department of Natural Resources. The programs are designed to conserve native species that are threatened or endangered under state or federal law, or are likely to become candidate species as determined by the U.S. Fish and Wildlife Service. 02:19:31 PM Tim Brass, representing Department of Natural Resources, testified in support of the bill. Suzanne O'Neill, representing Colorado Wildlife Federation, Inc., testified to amend the bill. Gaspar Perricone, representing Rocky Mountain Elk Foundation, testified in support of the bill. Jennifer Burbey, representing Colorado Outfitters Association, testified to amend the bill. Bruce Whitehead, representing Colorado Water Congress, testified in support of the bill. David Klute, representing Colorado Parks and Wildlife, answered committee questions. 02:31:17 PM Senators Roberts and Will wrapped up their presentation of the bill. 02:34:30 PM Motion Refer Senate Bill 24-199 to the Committee on Appropriations. Moved Roberts Seconded Kirkmeyer Yes Marchman Yes Pelton B. Yes Priola Yes Simpson Yes Danielson Yes Roberts Yes Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB24-127 - Amended, referred to Senate Finance Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/2D7BBF0E140B...$File/Attachment A - SB127_L.001.pdf?OpenElement Attachment A - SB127_L.001.pdf Attachment B http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/1B12C63D66D3...$File/Attachment B.pdf?OpenElement Attachment B.pdf Attachment C http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/948EF9F900D3...$File/Attachment C - SB127_L.004.pdf?OpenElement Attachment C - SB127_L.004.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/5DD927B65F4B...$File/Attachment D - SB127_L.002.pdf?OpenElement Attachment D - SB127_L.002.pdf Attachment E http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/D24DDA32D2C5...$File/Attachment E - SB127_L.006.pdf?OpenElement Attachment E - SB127_L.006.pdf Attachment F http://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/443C5C4E7408...$File/Attachment F - SB127_L.005.pdf?OpenElement Attachment F - SB127_L.005.pdf 02:35:24 PM Senator Kirkmeyer, sponsor, presented Senate Bill 24-127. The bill creates a regulatory program in the Department of Natural Resources to permit dredge and fill material placement in state waters, and to replace federal permitting programs previously operated by the Army Corps of Engineers. She discussed amendment L.001 (Attachment A) and other potential amendments. 02:53:20 PM The committee discussed the bill with Senator Kirkmeyer. 03:06:10 PM Mr. Bill Wombacher, representing Nazarenus, Stack & Wombacher; City of Loveland; Arapahoe County Water and Wastewater Authority; East Cherry Creek Valley Water and Sanitation District; and United Water and Sanitation District, testified in support of the bill. Gabe Racz, representing Colorado Water Congress and Colorado Chamber of Commerce, testified in support of the bill. Mr. Sean Henry, representing Northern Colorado Water Conservancy District, testified in support of the bill. Mr. Racz and Mr. Wombacher responded to questions from the committee. 03:25:36 PM The panelists continued to respond to questions from the committee. 03:26:23 PM Mr. Stu Gillespie, representing EarthJustice, testified in opposition to the bill. Ms. Jennifer Peters, representing Clean Water Action, testified in opposition to the bill. Mr. Scott Hudson, representing themself, testified in opposition to the bill. John McDonagh, representing the Sierra Club of Colorado, testified in opposition to the bill. Ms. Joro Walker, representing Western Resource Advocates, testified in opposition to the bill. Ms. Sara Burch, representing San Juan Citizens Alliance, testified in opposition to the bill. 03:49:52 PM The panelists responded to questions from the committee. 03:59:59 PM Alex Schatz, representing Brannon Sand and Gravel, testified in a neutral position on the bill. Chris Oestreich, representing Colorado Stone, Sand, and Gravel Association, testified in support of the bill. Mr. Jim Sanderson, representing Colorado Mining Association, testified in support of the bill. Todd Ohlheiser, representing Colorado Stone, Sand, and Gravel Association and Colorado Ready Mixed Concrete Association, testified in support of the bill. The panelists responded to questions from the committee. 04:18:36 PM RJ Boyle, representing Sierra Club, testified in opposition to the bill. Kristine Oblock, representing Protect Colorado Waters, testified in opposition to the bill. Ms. Emelie Frojen, representing themself, testified in opposition to the bill. 04:33:22 PM Jaime Henning, representing Northern Colorado Legislative Alliance and the Greeley Chamber of Commerce, testified in support of the bill. John Kolanz, representing Northern Colorado Legislative Alliance, testified in support of the bill. Adam Eckman, representing Colorado Mining Association, testified in support of the bill. The panelists responded to questions from the committee. 04:42:11 PM Ms. Allison Henderson, representing Center for Biological Diversity, testified in opposition to the bill. Mr. Greg Kernohan, representing Ducks Unlimited, testified to amend the bill. Mr. Andrew Teegarden, representing Getches-Wilkinson Center for Natural Resources, Energy, and the Environment, testified in a neutral position on the bill. The panelists responded to questions from the committee. 05:12:31 PM Christine Johnston, representing Xcel Energy, testified in support of the bill. Kathleen Curry, representing Ute Water Conservancy District, Grand Valley Water Users Association, Orchard Mesa Irrigation District, and Uncompahgre Valley Water Users Association, testified in support of the bill. Mr. Eric Shea, representing Colorado Springs Utilities, testified in support of the bill. Mr. Sean Cronin, representing St. Vrain and Left Hand Water Conservancy District, testified in support of the bill. Mr. Alan Leak, representing Arapahoe County Water and Wastewater Authority, testified in support of the bill. Mr. Earl Wilkinson, representing City of Aurora, Aurora Water, testified in support of the bill. 05:25:42 PM Mr. Andrew Damiano, representing the United Water and Sanitation District, testified in support of the bill. Mr. Alan Searcy, representing Colorado Stormwater Council, testified in support of the bill. Mr. Jim Yahn, representing the North Sterling and Prewitt Reservoirs and Water Rights Association of the South Platte, testified in support of the bill. Joe Dischinger, representing the Water Rights Appropriators of the South Platte, testified in support of the bill. Mr. Sean Chambers, representing the City of Greeley and Greeley Water Utilities, testified in support of the bill. The panelists responded to questions from the committee. 05:41:38 PM Mr. David Nickum, representing Colorado Trout Unlimited, testified in opposition to the bill. Mr. Josh Kuhn, representing Conservation Colorado, testified in opposition to the bill. Mr. Jon Devine, representing Natural Resources Defense Council, testified in opposition to the bill. The panelists responded to questions from the committee. 05:53:14 PM Karen Kalavity, representing themself, testified in support of the bill. Mr. Adam DeVoe, representing Legacy Water, testified in support of the bill. Mr. DeVoe responded to questions from the committee. Additional written testimony on the bill is available in Attachment B. 06:05:24 PM Senator Kirkmeyer discussed amendment L.001. She presented amendment L.004 (Attachment C), which amends amendment L.001. 06:16:23 PM Motion Adopt amendment L.004 Moved Kirkmeyer Seconded Kirkmeyer Marchman Pelton B. Priola Simpson Danielson Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:17:00 PM Motion Adopt amendment L.001, as amended. Moved Kirkmeyer Seconded Kirkmeyer Marchman Pelton B. Priola Simpson Danielson Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:17:04 PM Senator Kirkmeyer presented amendment L.002 (Attachment D). 06:17:46 PM Motion Adopt amendment L.002 Moved Kirkmeyer Seconded Kirkmeyer Marchman Pelton B. Priola Simpson Danielson Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:17:51 PM Senator Kirkmeyer presented amendment L.006 (Attachment E). 06:18:53 PM Motion Adopt amendment L.006 Moved Kirkmeyer Seconded Kirkmeyer Marchman Pelton B. Priola Simpson Danielson Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:18:57 PM Senator Marchman presented amendment L.005 (Attachment F). 06:20:32 PM The committee recessed. 06:20:54 PM The committee reconvened. 06:25:35 PM The committee continued to discuss amendment L.005. 06:27:46 PM Motion Adopt amendment L.005 Moved Marchman Seconded Kirkmeyer Marchman Pelton B. Priola Simpson Danielson Roberts YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:28:27 PM Senator Kirkmeyer wrapped up her presentation of the bill. Committee members commented on the bill. 06:54:39 PM Motion Refer Senate Bill 24-127, as amended, to the Committee on Finance. Moved Kirkmeyer Seconded Kirkmeyer Yes Marchman Yes Pelton B. Yes Priola No Simpson Yes Danielson No Roberts No Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS 06:54:54 PM The committee adjourned.