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h_agr_2017a_2017-01-30t13:30:05z2 Hearing Summary

Date: 01/30/2017

Location: HCR 0107

Final

BILL SUMMARY for SB17-026



HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES


Votes: View--> Action Taken:
Adopt amendment L.001 The motion passed on a vote

Refer Senate Bill 17-026, as amended, to the Commi
PASS

PASS







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.pdf170130 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.


BILL: SB17-026
TIME: 03:03:39 PM
MOVED: Saine
MOTION: Adopt amendment L.001 The motion passed on a vote of 7-6.
SECONDED: McKean
VOTE
Becker J.
Yes
Buck
Yes
Danielson
No
Esgar
No
Hansen
No
Lebsock
Yes
Lewis
Yes
McKean
Yes
Saine
Yes
Valdez
No
Willett
Yes
Mitsch Bush
No
Arndt
No
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:05 PM



Representative Arndt concluded her comments on the bill.


BILL: SB17-026
TIME: 03:05:52 PM
MOVED: Arndt
MOTION: Refer Senate Bill 17-026, as amended, to the Committee on Appropriations The motion passed on a vote of 13-0.
SECONDED: Lebsock
VOTE
Becker J.
Yes
Buck
Yes
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
Yes
McKean
Yes
Saine
Yes
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:07 PM



The committee adjourned.