H_AGR_2017A 01/30/2017 Committee Summary

01:30 PM -- HB 17-1076



Representative Arndt, sponsor, presented House Bill 17-1076, concerning rule-making by the state engineer regarding permits for the use of water artificially recharged into nontributary groundwater aquifers. Under current law, the State Engineer in the Division of Water Resources is required to promulgate rules for the permitting and use of waters artificially recharged into the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers. The bill adds the requirement that the State Engineer promulgate rules for the permitting and use of waters artificially recharged into a nontributary groundwater aquifer by July 1, 2018.



01:35 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources, spoke in support of the bill. Mr. Rein discussed the difficulty of storing water in a tributary formation and the history of the rule-making authority of the State Engineer's office concerning the Denver Basin bedrock aquifers. Mr. Rein responded to questions from the committee concerning the measurement of nontributary aquifers, the rule-making authority of the State Engineer, the process for recharging an aquifer and how the aquifer reacts to changes in levels of the aquifer.



01:51 PM -- Pat Ratliff, South Metro Water Supply Authority (SMWSA), stated that the SMWSA was not taking a formal position on the bill; however, SMWSA is approves of the bill as drafted.



01:54 PM -- Dianna Orf, Colorado Water Congress, spoke in support of the bill.











01:57 PM



Representative Saine distributed Amendment L.001 to the bill (Attachment A). The amendment requires the State Engineer to receive approval of any new or amended rule from the House and Senate committees on agriculture. Committee discussion ensued regarding the amendment.



170130 AttachA.pdf

02:07 PM



Representative Arndt concluded her comments on the bill.

02:08 PM -- HJR 17-1003



Representative Arndt, sponsor, presented House Joint Resolution 17-1003, concerning the approval of water project revolving fund eligibility lists administered by the Colorado Water Resources and Power Development Authority (CWRPDA).



02:10 PM -- Michael Brod, Executive Director, CWRPDA, spoke in support of the bill. Mr. Brod discussed the background of the resolution and CWRPDA and described the laws that authorize spending from the Drinking Water Revolving Fund (DWRF) and the Water Pollution Control Revolving Fund (WPCRF). Mr. Brod also discussed a survey taken by the Colorado Water Quality Control Division, which helps to to determine what projects will be funded.



02:19 PM -- Chris Treese, Colorado River Water Conservation District and Colorado Water Congress State Affairs Committee, spoke in support of the resolution.



02:21 PM -- Emily Brummet, Colorado Water Congress, spoke in support of the resolution and gave a brief description of the Colorado Water Congress State Affairs Committee.





02:22 PM



Representative Arndt concluded her comments on the resolution.

02:24 PM -- SB 17-026



Representative Arndt, sponsor, presented Senate Bill 17-026, concerning requirements governing implementation of the State Engineer's functions. The bill, recommended by the Water Resources Review Committee, makes several changes to state statutes related to the State Engineer and the Division of Water Resources (DWR), in the Department of Natural Resources (DNR). In addition to removing obsolete provisions and modernizing language the bill removes the existing requirement that the State Engineer, Deputy State Engineer, and any other appointed deputies of the State Engineer post a surety bond as a condition of accepting the appointment; expands the allowable sources of grant funding the DWR may use for investigations, contracting projects, or general operations; eliminates most statutory-defined fee amounts for various services performed by the DWR but maintains the existing fee structure for the examination and filing of plans for dam projects; replaces the $25 per day fee with a single, flat fee of $75 for rating any pipe, ditch, canal, or reservoir inlet or outlet; authorizes the DWR to disallow any additional water to be taken into, or diverted from a reservoir, under certain conditions; and clarifies that departments and agencies of the state that own and operate wells on state land are exempt from paying fees to the DWR for groundwater use applications or well permits, among other provisions.



02:25 PM -- Scott Cuthbertson, Deputy State Engineer, Division of Water Resources, spoke in support of the bill. Mr. Cuthbertson explained the need for the bill and discussed the fee restructuring provisions of the bill.



02:29 PM -- Emily Brummet, Colorado Water Congress, spoke in support of the bill.











02:31 PM



The chair closed testimony, and Representative Saine distributed Amendment L.001 (Attachment B). The amendment restores in the bill the requirement that the State Engineer, deputy State Engineer, and any person deputized by the State Engineer take an oath of office and issue a bond to the Secretary of State. Mr. Cuthbertson approached and explained why the State Engineer opposes the amendment. Committee discussion ensued.



170130 AttachB.pdf



02:44 PM



Jennifer Berman, Office of Legislative Legal Services, responded to questions from the committee concerning the oath requirement addressed in Amendment L.001 and whether that requirement is in conflict with the State Administrative Procedure Act of 1967. Committee discussion ensued.

03:05 PM



Representative Arndt concluded her comments on the bill.

03:07 PM



The committee adjourned.