h_agr_2016a_2016-02-22t13:30:00z2 Hearing Summary

Date: 02/22/2016

02:07 PM -- HB 16-1005



Representatives Esgar and Danielson presented House Bill 16-1005, concerning residential precipitation collection. Representative Esgar distributed a fact sheet regarding the bill (Attachment C) and a letter in support of the bill from Nicholas Gradisar of the Board of Pueblo Water Works (Attachment D). The bill allows for the collection of precipitation from the roof of a home in up to two rain barrels with a combined storage capacity of 110 gallons or less under certain conditions. Representative Esgar explained that she plans to introduce two amendments to the bill. Representative Danielson responded to questions from the committee regarding potential injury to water right holders and committee discussion ensued. Representative Esgar distributed and explained Amendment L.002 (Attachment E) and Amendment L.005 (Attachment F).



160222 AttachC.pdf160222 AttachD.pdf160222 AttachE.pdf160222 AttachF.pdf



02:18 PM



Jennifer Berman, Office of Legislative Legal Services, stated that there are 18 states with a prior appropriation doctrine. Committee discussion ensued regarding other states' policies regarding rain barrels and which of those states are considered headwater states.



The following persons testified on the bill:



02:24 PM -- Reagan Waskom, Director, Colorado Water Institute and Chair, Colorado State University (CSU) Water Center, spoke about the bill and distributed a fact sheet regarding the analysis of rain barrels on surface runoff (Attachment G). Mr. Waskom stated that he does not have an official position on the bill, but that he was there to present facts and respond to questions. Mr. Waskom described a recent study conducted by CSU which explored the effects on runoff and infiltration of 100 gallons of rainwater capture capacity for a typical household using scientific methods and Colorado-specific (Denver) climatic conditions. Mr. Waskom described the methodology of the study and explained that the study determined that there was no significant or measurable difference in the runoff of a developed lot with rain barrels. Mr. Waskom also discussed the adoption rates of rain barrels and responded to questions from the committee regarding the impact of rain barrels on downstream users.



160222 AttachG.pdf



02:37 PM -- Jason Story, representing himself, spoke in support of the bill.



02:41 PM -- Karen Kalavity, representing herself, spoke in support of the bill.



02:44 PM -- Gene Manuello, Colorado Cattleman's Association and Lower South Platte Water Conservancy District, spoke in opposition of the bill and responded to questions from the committee.



02:49 PM -- Jim Yahn, North Sterling and Pruitt Reservoirs, Water Rights Association of the South Platte, spoke in opposition of the bill. Mr. Yahn discussed the study conducted by CSU and the effect of rain barrels on downstream water users. Mr. Yahn responded to questions from the committee and committee discussion ensued.



03:18 PM



Committee discussion continued regarding the prior appropriation doctrine, the effect of rain barrels on the prior appropriation system, and potential injury to downstream water users.



03:23 PM -- James Eklund, Director, Colorado Water Conservation Board (CWCB), spoke about the bill and stated that CWCB supports the concept of rain water harvesting but does not have an official position on this particular legislation. Mr. Eklund stated that rain barrels can be used in order to educate water users about their water use and that CWCB supports more water innovation ideas such as rain water harvesting. Mr. Eklund responded to questions from the committee.



03:28 PM



Pat Ratliff, South Metro Water Supply Authority (SMWSA), spoke in opposition to the bill, and stated that she would support the bill if it were amended to address concerns raised by the SMWSA.



03:31 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources, stated he was available for questions. Mr. Rein responded to questions from the committee regarding potential injury to downstream water users by precipitation harvesting, the Colorado River Compact, and the regulation of livestock water tanks on agricultural lands.



03:41 PM -- Drew Beckwith, Western Resource Advocates, spoke in support of the bill and distributed a handout regarding the bill (Attachment H). Mr. Beckwith responded to questions from the committee.



160222 AttachH.pdf

03:53 PM



Representative Becker distributed Amendment L.007 (Attachment I) and explained the amendment to the committee. Committee discussion ensued regarding the amendment.



160222 AttachI.pdf

04:03 PM



Representatives Danielson and Esgar concluded their comments on the bill.

04:19 PM



The committee adjourned.