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s_agr_2017a_2017-02-02t13:30:13z2 Hearing Summary

Date: 02/02/2017

Location: SCR 357

Final

BILL SUMMARY for SB17-049



SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY


Votes: View--> Action Taken:
The motion passed without objection.

Adopt amendment L.001. The motion passed without o

Postpone Senate Bill 17-049 indefinitely using a r

Refer Senate Bill 17-049, as amended, to the Commi


Pass Without Objection



FAIL







01:47 PM -- SB 17-049



The committee returned from recess. Senator Gardner, Prime Sponsor, described the provisions of Senate Bill 17-049 concerning exempt drains and designated groundwater requirements and distributed Amendment L.001 (Attachment C). The bill exempts a drain or system of drains from requiring a well permit and replacement plan if the drain collects and removes groundwater from soil in a residential, commercial, or industrial development, or utility lines installed to serve such a development if the following conditions are met: the drain does not penetrate a confining layer; the removed groundwater is not put to any use other than collecting and removing from soils; and the removed groundwater is discharged where the drain is located within the same designated groundwater basin.



170202 AttachC.pdf170202 AttachC.pdf



The following persons testified on the bill:



01:52 PM --
Steve Sims, Woodmen Hills Metropolitan District, spoke in support of the bill and responded to questions from the committee about the cost of permits and the bill's fiscal impact. He also discussed the provisions of Amendment L.001 and discussed the Woodmen Hills Metropolitan District that is located in El Paso County.



02:08 PM --
Lisa Thompson, Upper Black Squirrel Ground Water Management District, spoke in opposition to the bill and explained how the drains may injure water rights in the district.



02:12 PM --
Donna Brosemer, Greeley Water Department, spoke in opposition to the bill and explained how the bill shifts the burden of proof in water rights adjudication.



02:14 PM --
Don Shawcroft, Colorado Farm Bureau, spoke in opposition to the bill.



02:16 PM --
Robert Longenbaugh, representing himself, spoke in opposition to the bill and expressed concern about injury to water rights from such drains (Attachment D and E).



170202 AttachD.pdf170202 AttachD.pdf170202 AttachE.pdf170202 AttachE.pdf



02:24 PM --
Dan Farmer, Farmer Farms, spoke in opposition to the bill.



02:26 PM --
Tom Sauter, Lost Creek and North Kiowa Bijou groundwater management districts, spoke opposition to the bill.



02:27 PM --
Lyne Bliss, Woodmen Hills Metropolitan District, spoke in support of the bill.



02:29 PM --
Bill Paddock, Meridian Service Metropolitan District, spoke in support of the bill and responded to question from the committee about the bill and the effect of such drains on water rights (Attachment F).



170202 AttachF.pdf170202 AttachF.pdf



02:36 PM



The chair closed testimony on the bill and Senator Gardner closed his remarks. Senator Gardner also responded to questions from the committee about the bill and prior testimony on it.



02:42 PM --
Mr. Sims returned to respond to questions from the committee about prior testimony on the bill.



02:45 PM



The committee recessed.



02:47 PM



The committee returned from recess.


BILL: SB17-049
TIME: 02:47:37 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: SB17-049
TIME: 02:47:52 PM
MOVED: Sonnenberg
MOTION: Refer Senate Bill 17-049, as amended, to the Committee of the Whole. The motion failed on a vote of 1-10.
SECONDED:
VOTE
Cooke
No
Coram
No
Donovan
No
Fenberg
No
Fields
No
Garcia
No
Jones
No
Marble
No
Scott
No
Baumgardner
No
Sonnenberg
Yes
YES: 1 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB17-049
TIME: 02:48:47 PM
MOVED: Baumgardner
MOTION: Postpone Senate Bill 17-049 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed without objection.
SECONDED:
VOTE
Cooke
Coram
Donovan
Fenberg
Fields
Garcia
Jones
Marble
Scott
Baumgardner
Sonnenberg
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:












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