LEGISLATIVE REPORT
Jan 31, 2003
Jen Boulton
The legislature convened Wednesday morning January 8th and has introduced over 440 bills so far. The deadlines for introduction have passed, so all bills, except late bills should be in by next week. Unfortunately, many of the bad water bills are likely to be late bills.
(Linkhart)
Position: Support
Status: Senate Ag
SB87 is a bill proposed by the environmental community. It establishes targets for efficiency that must be met by urban water providers. SB87 also requires water providers to repair system leaks, and to inform the public about the water conservation measures they intend to use to meet required targets. The bill prohibits the CWCB and the Water and Power Resources Development Authority from providing funding for new water projects or facilities to any provider that doesn't have sufficient plan demonstrating how the provider intends to meet the targets. The bill also prohibits any new restrictive covenants. Testimony was heard in the Senate Ag committee on Thursday, but the bill was taken off the table prior to a vote. Sen Linkhart has worked hard with groups that opposed SB87, to try and find a middle ground. The result is essentially a new bill. In the current version, the language is much softer. The targets are goals, rather than mandatory, and providers may set different goals if they show good cause.
(Coleman, Entz)
Position: Support
Status: Not yet introduced
The environmental community has worked to introduce legislation requiring each water basin in the State to create a basin plan. The plans will address the supply of water in the basin, as well as the current and foreseeable future demand in the basin. Future applications to change water rights will have to be consistent with the basin plans before they can be approved by water court. Additionally, State funding will be prioritized based on an application's consistency with basin plans. The bill has been introduced, and should be read across the desk by Wednesday.
(Entz, Hoppe)
Position: Work to remove certain sections
Status: Not yet introduced
The CWCB projects bill is a yearly ritual. It specifies the projects that are being funded through loans and grant from the CWCB Construction Fund. Last year there was an attempt to open the entire fund for use in litigation. That language is back again. Additionally, the bill contains $190,000 to study logging for water on federal lands; $3 million for the Statewide Water Supply Initiative (SWSI); and $500,000 to study the feasibility of the Big Straw project; The SWSI is the State's version of our water policy bill. It authorizes the CWCB to determine the amount of water available, and needed, in each basin. Obviously, we prefer the "bottom-up" approach of letting each basin determine its own needs, rather than having the State make all the determinations. The bill was heard in committee, but was taken off the table to allow the sponsor time to work out possible amendments.
(McElhany, T. Williams)
Position: Oppose
Status: Senate Business Affairs
SB121 requires a full cost benefit analysis of all proposed rules. The analysis must specifically take into account any effect the new rule will have on business, and the business's ability to be competitive with similar businesses in other states. This bill potentially negates any new water quality, air quality, or other environmental rules and regulations.
(White)
Position: Oppose
Status: House Floor
HB1092 directs DNR to actively manage all forested state lands to conserve and restore as appropriate natural water yields. It also directs DNR to use best management practices to reestablish natural forest conditions, reduce the threat of large wild fires, and sustain and promote natural habitat consistent with healthy forest conditions. In committee, we attempted to add amendments to clarify that the "red zone" would be prioritized for fire suppression treatments, and that management to "restore natural water yield" could not impair water quality. Unfortunately, both amendments failed, and the bill passed on a 12-1 vote. Thank you to Rep Madden for voting no.
(Madden)
Position: Support
Status: House Floor
Currently conservation easements may only be created by a grant to a governmental enmity or a charitable organization. HB1046 specifies that a conservation easement may also be created through a reservation by a governmental entity or charitable organization. The bill passed House Ag unanimously.
(Hoppe)
Position: Oppose as introduced
Status: House Ag
HB1001 has six distinct parts. It authorizes the Water Resources and Power Development Authority to subsidize the cost of bonds on water diversion and storage projects jointly sponsored by 2 governmental entities. It allows the State Engineer to approve substitute water supply plans during a drought. It requires the state engineer to cooperate with people trying to use federal dams during a drought. It requires state agencies to cooperate with people seeking easements for water projects. It authorizes $3 million for the CWCB's state wide water supply initiative. It authorizes DOLA to help local governments implement tiered water billing systems. Based upon the State of the State Address yesterday, HB1001 is the Governor's attempt to deal with the drought. It will be hard to defeat, but some amendments may be possible.
(Spradley, Kester)
Position: Support
Status: House Floor
HB1008 authorizes conservation easements for water. It would permit water rights owners to include them as part of a conservation easement on land. HB1008 passed the House Ag committee unanimously.
(Hanna)
Position: Support
Status: Senate Ag
SB114 raises the fines for illegally feeding bears.
(Fitz-Gerald)
Position: Support
Status: Senate Judiciary
SB122 allows District Attorneys and the Attorney General to prosecute those who violate water quality discharge permits without waiting for the Water Quality Control Commission to file a complaint. The bill also raises the fines for permit violations, and applies the same mental health qualifications to those who violate permit conditions as to any other criminal defendant.
(Teck)
Position: Support
Status: Senate Ag
SB123 prohibits the licensure of any future alternative livestock farms. It also prohibits those already in existence from expanding, or transferring animals unless they have negative tests for TB and brucellosis. Finally the bill requires existing alternative livestock farms to provide double fencing to keep captive and wild herds separate.
(Owen, Young)
Position: Oppose reduction in Species Cons Trust Fund
Status: Senate Appropriations
SB212 is one of the negative supplemental bills to attempt to balance this year's budget. In part it transfers another one million dollars (in addition to the $5.5M taken last year) from the Species Conservation Trust Fund to the general fund.
(Spradley, Kester)
Position: Support
Status: House Ag
HB1146 codifies existing case law. It requires that any change of use in water court maintain water quality for other users.
(Weddig)
Position: FYI
Status: House State Affairs
HB1167 arises from the dispute over a State Land Board sale in Eagle County. The Supreme Court asserted that an individual had no standing to file a claim against the land board. This bill overturns that portion of the Supreme Court ruling.
(Gordon)
Position: Support
Status: Dead
SB26 prohibited the use of cyanide in heap leach mining operations. It was amended in committee to exempt the Cripple Creek and Victor mine, which is the only operating mine using this process in Colorado. Even with the amendment, the committee killed the bill on a 5-2 vote. Thank you to Sens. Keller and Hanna, who voted in favor of the bill.
(Entz, Miller)
Position: FYI
Status: Senate Appropriations.
SB45 is an interim committee bill. It increases the regulation of well construction contractors and provides additional funding for the program. It gives additional authority to the state board of water well construction contractors, requires continuing education for well drillers and gives
additional enforcement authority to the state. Fee funded.
(Taylor and White)
Position: FYI
Status: House Ag
SB47 makes the Water Resources Review Committee a permanent committee and allows the committee to meet 6 times in even years and 8 times in odd years. 2 of the meetings may occur during the legislative session. The remainder will be off session.
(Owen, Hoppe)
Position: FYI
Status: Senate Ag
SB73 is a bill to provide some protection to out of priority well pumpers in the South Platte Basin. It defines a re-timing well as any well that diverts water for recharge or augmentation to stream ditch canal or reservoir. The bill requires the state engineer to adopt rules by July 1 2003 for the use of tributary ground water in the South Platte River Basin by re-timing wells and vested wells on or before 1969. If Colorado is not meeting the South Platte Compact delivery requirements, the bill curtails tributary ground water usage downstream of the Washington county line junior to 1897 if they do not provide sufficient replacement water. SB73 also requires all tributary ground water users to file an application for an augmentation plan no later that 2006 and obtain a degreed augmentation plan with reasonable diligence.
(Isgar)
Position: Tepid Support
Status: Senate State Affairs
SB85 permits water rights owners to loan their water rights to another user on the same stream system for up to 120 days, so long as there is no injury to other water rights holders. The bill also permits the temporary loan of water to the Colorado Water Conservation Board (CWCB) for in-stream flow purposes, subject to the same conditions. Although we support the bill as introduced, there are a series of amendments which will likely pass, and will add layers of bureaucracy to the process. With the additional hurdles, it is unlikely that the bill will provide much relief to the problems it was intended to address. There will be a late bill, by Rep Rippy that will accomplish the same objectives without the baggage.
(Grossman)
Position: Oppose as introduced, work to fix
Status: Senate State Affairs
SB90 increases the methods by which an entity seeking water rights adjudication may show due diligence. The new methods would include reasonable efforts to conserve, reuse or salvage water to the extent that such methods reduce the applicant's net consumption; and replacement of phreatophytes with other plant species. The addition of these conditions makes it more difficult to stop certain projects with severe environmental consequences.
(Hodge, Isgar)
Position: FYI
Status: House Appropriations
HB1005 is an interim committee bill. It extends implementation of 2 existing studies: the San Luis Valley confined aquifer study (for 1 year) and the South Platte/Denver Basin Aquifer study (for 6 years). While we support the implementation of rules for wells in both areas, the continuing delays are irritating.
(Miller)
Position: Oppose as introduced, work to amend
Status: House Ag
HB1090 prohibits water courts from decreeing a trans-mountain water right to an applicant who has the right to develop water from any of the Denver basin aquifers unless the applicant demonstrates that it is putting to beneficial use its maximum entitlement to such water. The sponsor has indicated that he is willing to work with us to ensure that the bill refers to use of Denver basin water as drought insurance. With amendments, the bill could be one that we support.
(Young)
Position: Oppose
Status: Dead
HB1096 allowed any ground water (not just non-tributary as under current law) developed pursuant to the mining of minerals to proceed without a permit if the water is not being put to beneficial use. It also allowed the state engineer to issue a permit for the beneficial use of such water regardless of potential injury to other water rights. The bill appeared to be an attempt to protect coal bed methane operators from water quality concerns as well as claims from other water rights holders. The sponsor asked that the bill be killed. He said, however, that he intends to reintroduce the bill with some changes. Stay tuned.
(Salazar, Entz)
Position: Oppose
Status: House Ag
HB1113 purports to offer basin protection. In reality, it merely requires entities seeking to move water out of a water division to pay the difference in value between the land with water, and the land without water. The money is to be used for economic development in the sending basin. There is no mention of the environmental impacts involved in moving water out of a basin, let alone any requirement to mitigate the consequences.
(Weissman)
Position: Support
Status: Dead
HB1120 invalidated existing and future restrictive covenants, which prohibit xeriscape and/or require turf. The bill also reduced the state sales tax on water saving devices included on a list to be developed and maintained by the Department of Revenue. Finally, the bill created an exemption to the statutes on abandonment of water rights for non use, provided the period of non use was caused by the implementation of water conservation efforts, determined on a case by case basis by the State Engineer. Unfortunately, the committee killed the bill on a party line vote.
(Grossman)
Position: Support
Status: Senate Local Government
SB94 requires all local governments that are currently required to have a master plan, to include a water element as part of their plan. The language is the same as in all the growth bills. Although SB94 would require the inclusion of a water element, the element would not be enforceable, since
master plans are not enforceable. The bill is a small step in a positive direction.
(Smith, Taylor)
Position: Neutral
Status: House Floor
HB1100 authorizes state or local governments to participate in the management of federal lands. It authorizes a city, county, state forest service, wildlife commission, CWCB, and AQCC to coordinate with the US Secretaries of Interior and Ag to develop resource management plans for federal lands within their jurisdictions pursuant to federal law. HB1100 passed the House Ag committee unanimously.
(Hodge)
Position: Support
Status: Dead
HB1051 doubled the penalties for speeding in a designated wildlife-crossing zone. The bill was very similar to the bill Rep. Hodge introduced last year. HB1051 died on a 9-3 vote in House Ag.
Voting yes: Reps. Hodge, Madden, and Tochtrop
Voting no: Reps. Brophy, Harvey, Hoppe, R. Johnson, McCluskey, Miller,
Rippy, Rose, Salazar,
(Tochtrop)
Position: Tepid Support
Status: Dead
HB1094 prohibited hunting on game farms.
(Hall)
Position: Neutral
Status: House Appropriations
HB1097 is a piece of HB1091 from last year. HB1097 increases the penalties for violating certain hunting laws. There will be another bill introduced later to increase the fines for poaching.
(Larson)
Position: Work to add environmental representation
Status: House Ag
HB1140 updates the regulation for control of noxious weeds. We don't usually take positions on weed control, but have decided this year to attempt to add some environmental representation of the State Weed Board. HB1140 has been granted late bill status so the sponsor can work on additional amendments.
(END)