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h_agr_2016a_2016-03-07t13:30:00z1 Hearing Summary

Date: 03/07/2016



Final

BILL SUMMARY for HB16-1109



HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES


Votes: View--> Action Taken:
Adopt amendment L.003, as amended. The motion fail

Adopt amendment L.005, as a substitute amendment t

Postpone House Bill 16-1109 indefinitely. The moti

Refer House Bill 16-1109 to the Committee of the W
FAIL

PASS



PASS







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.pdf160307 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.pdf160307 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.pdf160307 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.

BILL: HB16-1109
TIME: 04:47:00 PM
MOVED: Brown
MOTION: Adopt amendment L.005, as a substitute amendment to L.004. The motion passed on a vote of 7-6.
SECONDED: Saine
VOTE
Arndt
No
Becker J.
Yes
Brown
Yes
Buck
Yes
Coram
Yes
Danielson
No
Dore
Yes
Ginal
No
Lebsock
No
Mitsch Bush
No
Saine
Yes
Becker K.
No
Vigil
Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS




BILL: HB16-1109
TIME: 04:50:41 PM
MOVED: Becker K.
MOTION: Postpone House Bill 16-1109 indefinitely. The motion was withdrawn.
SECONDED: Mitsch Bush
VOTE
Arndt
Becker J.
Brown
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Mitsch Bush
Saine
Becker K.
Vigil
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



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.


BILL: HB16-1109
TIME: 05:09:51 PM
MOVED: Becker K.
MOTION: Adopt amendment L.003, as amended. The motion failed on a vote of 6-7.
SECONDED: Mitsch Bush
VOTE
Arndt
No
Becker J.
Yes
Brown
Yes
Buck
Yes
Coram
Yes
Danielson
No
Dore
Yes
Ginal
No
Lebsock
No
Mitsch Bush
No
Saine
Yes
Becker K.
No
Vigil
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1109
TIME: 05:11:42 PM
MOVED: Becker J.
MOTION: Refer House Bill 16-1109 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED: Vigil
VOTE
Arndt
Yes
Becker J.
Yes
Brown
Yes
Buck
Yes
Coram
Yes
Danielson
Yes
Dore
Yes
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
Yes
Becker K.
Yes
Vigil
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS










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