h_agr_2016a_2016-03-14t13:30:40z0 Hearing Summary

Date: 03/14/2016

01:30 PM -- HB 16-1228



Representative Arndt and Representative J Becker, co-prime sponsors, presented House Bill 16-1228, concerning agricultural water protection transfer mechanism. Representative Arndt distributed Amendment L.002 (Attachment A), which strikes everything below the enacting clause. The bill, as amended, allows the owner of an absolute decreed irrigation water right used for agricultural purposes to apply in water court to change the use of the water right to an agricultural water protection water right. An agricultural water protection water right allows for the lease, loan, or trade of up to 50 percent of the water subject to the water right without designating the beneficial use to which the water will be applied. Representative Becker and Representative Arndt responded to questions from the committee regarding the bill.



160314 AttachA.pdf



The following persons testified on the bill:



01:45 PM -- Bruce Whitehead, Executive Director, Southwestern Water Conservancy District, spoke in opposition to the bill. Mr. Whitehead discussed the definition of an eligible entity, as it is used in the bill and other concerns that he had about the bill. Mr. Whitehead responded to questions from the committee.



01:53 PM -- Greg Kernohan, Ducks Unlimited, spoke in support of the bill. Mr. Kernohan responded to questions from the committee regarding agricultural buy-and-dry, which is the drying up of agricultural land due to the sale of agricultural water rights.



02:03 PM -- Peggy Montano, Colorado Water Congress and Northern Colorado Water Conservancy District, spoke in support of the bill. Ms. Montano responded an earlier question regarding the approval by Water Division 1 of the rules created by the State Engineer regarding substitute water supply plans, as they relate to agricultural protection water rights. Ms. Montano responded to other questions from the committee.



02:09 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources, spoke in support of the bill. Mr. Rein discussed the role of the State Engineer and the potential workload increase in the Division of Water Resources. Mr. Rein responded to questions regarding the process of obtaining an agricultural water protection water right.



02:19 PM -- James Eklund, Director, Colorado Water Conservation Board, spoke in support of the bill. Mr. Eklund responded to questions from the committee regarding instream flow water rights within the state. Committee discussion ensued regarding the Colorado River District's opposition to the bill, which was referred to by Representative Mitsch Bush.



02:32 PM -- Mark Sponsler, Colorado Corn Growers Association, spoke in support of the bill.



02:37 PM -- Terry Fankhauser, Colorado Cattleman's Association, spoke about the bill and expressed his concerns about it. He stated that he is taking a neutral stance on the bill but supports alternative transfer mechanisms.

02:42 PM



The committee recessed



02:43 PM



The committee came back to order.

02:46 PM



Representative Coram moved and distributed Amendment L.003, (Attachment B) which amends L.002. Jennifer Berman, Office of Legislative Legal Services, explained the amendment.



160314 AttachB.pdf

02:49 PM



Representatives Arndt and Becker concluded their comments on the bill.

02:52 PM



The committee adjourned.