h_agr_2017a_2017-04-17t13:33:28z3 Hearing Summary

Date: 04/17/2017

Location: RM 271

05:25 PM -- HB 17-1291



Representatives Arndt and J. Becker presented House Bill 17-1291, concerning the ability to store water at an alternative place of storage if the historical consumptive use of the water right has already been quantified in a previous change of water right. Representative Arndt distributed a fact sheet regarding the bill (Attachment H) and Amendment L.001 (Attachment I). The bill allows water that has been decreed for storage to be stored in any reservoir without adjudicating a change of water right under certain conditions. These conditions include: the water will be diverted from a previously decreed point of diversion; the owner or operator of the storage water right gives notice to the division engineer in the Department of Natural Resources (DNR) on how the storage of the water will be accounted for in the alternative reservoir; transit and ditch losses, if applicable, will be assessed against the water right from the decreed point of diversion to the alternative reservoir; and the division engineer approves the accounting for the storage of the water in the alternative reservoir. Committee discussion ensued regarding the bill and Amendment L.001.



170417 AttachH.pdf170417 AttachI.pdf



The following persons testified on the bill:



05:36 PM -- Eric Potlandy, City of Ft. Collins, stated that the city has not taken an official stance on the bill, but is expected to support the bill. Mr. Potlandy discussed the bill and responded to questions from the committee regarding the need to have the ability to store water in a location that is not outlined in the original water right decree.



05:49 PM -- Kevin Niles, Arkansas Groundwater Users Association (AGUA), testified in support of the bill and discussed the benefits of the bill for AGUA customers. Mr. Niles responded to questions from the committee regarding the AGUA's diversion in Pueblo how many wells AGUA serves.



05:57 PM -- Jen Boulton, Trout Unlimited, stated that Trout Unlimited would be supportive of the bill if amended. Ms. Boulten stated that she supports Amendment L.001 and proposed other amendments to the bill in order to ensure that original decrees are protected.



06:04 PM



Representatives Arndt and J. Becker responded to questions from the committee regarding concerns that Ms. Boulton expressed about the bill, including enuring that other terms of a decree will go unchanged and that an alternate place of storage will not be located in another water division than the original point of diversion. Ms. Boulton also responded to questions from the committee regarding terms of court decrees.



06:09 PM -- Chris Treese, Colorado River Water Conservation District, testified in support of the bill, as amended by Amendment L.001. Mr. Treese responded to questions from the committee regarding the amendment.



06:16 PM -- Mark Morley, representing himself, testified in support of the bill and discussed the importance of water storage. Mr. Morley responded to questions about the augmentation of his water rights.

06:23 PM



Representatives J. Becker and Arndt made concluding comments on the bill. Committee discussion ensued regarding the bill.