Colorado Water Congress State Affairs Committee
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Calendar Notification of Your Bill Dossier
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Bill HB10-1188 - CURRY / HODGE Clarify River Outfitter Navigation Right
Wednesday, May 12 2010
(1) in senate calendar.
Bill HB10-1006 - NOT ON CALENDAR
Bill HB10-1051 - NOT ON CALENDAR
Bill HB10-1086 - NOT ON CALENDAR
Bill HB10-1159 - NOT ON CALENDAR
Bill HB10-1162 - NOT ON CALENDAR
Bill HB10-1204 - NOT ON CALENDAR
Bill HB10-1250 - NOT ON CALENDAR
Bill HB10-1327 - NOT ON CALENDAR
Bill HB10-1354 - NOT ON CALENDAR
Bill HB10-1358 - NOT ON CALENDAR
Bill HB10-1368 - NOT ON CALENDAR
Bill HB10-1398 - NOT ON CALENDAR
Bill SB10-019 - NOT ON CALENDAR
Bill SB10-025 - NOT ON CALENDAR
Bill SB10-027 - NOT ON CALENDAR
Bill SB10-052 - NOT ON CALENDAR
Bill SB10-067 - NOT ON CALENDAR
Bill SB10-078 - NOT ON CALENDAR
Bill SB10-098 - NOT ON CALENDAR
Bill SB10-165 - NOT ON CALENDAR
Bill SB10-174 - NOT ON CALENDAR
Bill SJR10-004 - NOT ON CALENDAR
Bill SJR10-018 - NOT ON CALENDAR
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General News Concerning Your Bills
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HB10-1162 - For Business, A Bouquet of Little Statehouse Victories
HB10-1188 - Want to Kill a Bill Without Voting Against It? Study It
HB10-1188 - HB10-1188: Rafting Access Likely Headed to Nov. Ballot
HB10-1188 - HB10-1188: Rafting Bill Faces Last Chance
HB10-1188 - HB10-1188: Rafting Bill Referred to Joint Committee
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Press Releases Concerning Your Bills
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No press releases found for any of the bills at this time.
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Video Center Concerning Your Bills
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No video clips found for any of the bills at this time.
Bill has been Postponed Indefinitely.
CWC Comments:
Position: Support
Short Title: Fund Water Resources Tier 1 Operational
Sponsors: CURRY / BROPHY
Previously reviewed as Interim Committee Bill A. Allows up to 5% of money in Tier 1 of the Operating Account of the Severance Tax Trust Fund to be allocated to the Division of Water Resources replacing money from General Fund. Offset by elimination of Tier 1 money to Division of Wildlife.
Status
01/13/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
01/13/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources + Appropriations
01/26/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to Appropriations
02/12/2010 House Committee on Appropriations Postpone Indefinitely
Fiscal Note
CWC State Affairs Committee took action to SUPPORT the amendment LOO2 on 4/5.
CWC Comments: Next Subcommittee meeting will be on Wednesday, 3/17 at 3:30 at CWC office.
Position: Support
Short Title: Water Efficiency Plans Annual Reports
Sponsors: POMMER / WHITEHEAD
Establishes additional requirements that must be included in water providers efficiency plans and in 2013 requires annual report to Colorado water conservation board on total amount of water provided to major sectors of customers, number of taps or accounts per sector, resident population estimate and total population served along with other information.
Status
01/13/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
01/13/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
04/07/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
04/07/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
04/12/2010 House Second Reading Passed with Amendments
04/13/2010 House Third Reading Passed
04/19/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
04/22/2010 Senate Committee on Agriculture and Natural Resources Refer Unamended to Senate Committee of the Whole
04/27/2010 Senate Second Reading Passed
04/28/2010 Senate Third Reading Passed
05/10/2010 Signed by the Speaker of the House
05/11/2010 Signed by the President of the Senate
05/12/2010 Sent to the Governor
06/04/2010 Governor Action - Intends to Sign
06/07/2010 Governor Action - Signed
Fiscal Note
Bill has been Postponed Indefinitely.
CWC Comments:
Position: Amend
Short Title: Ltd Liab Water Right Recreation Purposes
Sponsors: CURRY / HODGE
Amends liability law to provide that facilities constructed for the diversion, storage conveyance, or use of water is not an attractive nuisance. Limits landowner liability for injuries caused by recreational use on land and expands definition of recreational use to include rafting, boating, kayaking, canoeing as well as other activities.
Status
01/13/2010 Introduced In House - Assigned to Judiciary
01/28/2010 House Committee on Judiciary Postpone Indefinitely
Fiscal Note
Bill was lost on 2nd Reading in the House.
CWC Comments:
Short Title: Mitigation For Water Exports
Sponsors: PACE / GIBBS
HB10- 1159. WATER COURT''S AUTHORITY TO CONSIDER CONDITIONS IN DECREES TO ADDRESS THE EFFECTS OF A WATER EXPORT ACROSS WATER DIVISION BOUNDARIES. Requires a water judge to consider terms and conditions to ensure that protect present and prospective beneficial uses of water within the water division from which the water is transferred. Applies to decrees for water rights, leases of water for at least 10 years, or changes of use of water rights that divert at least 1000 acre-feet of consumptive use per year. Allows requirement to be met by entering into a mitigation agreement with the water conservation district and conservancy districts from within whose boundaries the
waters are proposed for diversion or within whose boundaries water is purchased. Terms and conditions must be included in the decree and must have been subject to noticed forty-five days in advance of public meetings to hear comments on the proposed agreement.
Status
01/20/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
02/03/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
02/05/2010 House Second Reading Lost
Fiscal Note
CWC State Affairs took action to OPPOSE on 2/8.
CWC Comments:
Position: Oppose
Short Title: Retainage Construction Contracts
Sponsors: SOPER / BACON
Although the bill excludes public entities from the definition of a �building client�, implying that it does not apply to public entities, Section 4 of the bill specifically addresses retainage for public entities. Limits the amount that may be withheld on a construction contract. Prohibits retaining more than 5% of the payments due to a contractor to ensure that work is satisfactorily completed (retainage) for the first 50% of a construction project. For the remaining 50% of the work, the bill prohibits retainage of more than 2.5%. More retainage may be withheld for work that is unsatisfactorily completed. The retained amount must be held in an interest-bearing escrow account; if the money is not deposited into an escrow account the building client is required to pay the contractor 15% interest on the retainage. The retainage must be paid within 30 days after substantial completion of the project. Violators must pay interest plus a penalty of 15% interest. If interest is not paid, the property is subject to a lien. Fiscal Note of $1.2 million per year on lost interest for the State poses significant problem plus costs for local governments and private sector provide significant challenges for this bill.
Note: Sponsor expected to offer amendments during upcoming committee hearing to modify requirements for escrow accounts and interest in order to reduce or remove fiscal note.
Status
01/20/2010 Introduced In House - Assigned to Business Affairs and Labor
01/20/2010 Introduced In House - Assigned to Business Affairs and Labor + Appropriations
02/24/2010 House Committee on Business Affairs and Labor Witness Testimony and/or Committee Discussion Only
03/03/2010 House Committee on Business Affairs and Labor Refer Amended to Appropriations
04/09/2010 House Committee on Appropriations Lay Over Amended
04/16/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole
04/20/2010 House Second Reading Lost with Amendments
Fiscal Note
CWC State Affairs Committee took action to OPPOSE Sections 2a through 2d on 2/8.
CWC Comments: Committee decided to Oppose unless Section 2a through 2d is removed (Page 2, line 15 through Page 3, line 17). This language references the Common Law of England.
Concerns were expressed regarding Public Trust Doctrine. Possible amendment disclaiming Public Trust Doctrine is being drafted.
Position: Oppose
Short Title: Clarify River Outfitter Navigation Right
Sponsors: CURRY / HODGE
Provisions of HB 1188 are essentially those seen in the draft bill concerning river outfitters. The bill:
*Clarifies that a guide employed by a licensed river outfitter and the guide's passengers may float on waterways that have historically been used for commercial float trips without committing civil or criminal trespass if they gain access to the waterway from public land or from private land with consent and make only incidental contact with the beds and banks of the waterway while floating and portaging;
* Limits a landowner's liability to such persons to damages willfully or deliberately caused by the landowner unless the person is an invitee or licensee of the landowner;
* Specifies that such a person who damages private property is liable for the damage; and
* Specifies that nothing in the law regulating river outfitters affects water rights. Section 3 makes a conforming and clarifying amendment to the criminal trespass statute. Amended in committee to 1) clarify that bill does not impose a public trust doctrine; 2) restrict application to river guides who have operated during 2008 or 2009; and 3) clarify that incidental contact does not include dragging or dropping anchor or intentionally broaching a vessel; 4) define hazard as a threat to safety or damage to equipment. Amended on second reading to 1) delete reference to the Shively case; 2) require rafts to identify outfitters name and license number.
Status
01/22/2010 Introduced In House - Assigned to Judiciary
02/08/2010 House Committee on Judiciary Refer Amended to House Committee of the Whole
02/11/2010 House Second Reading Laid Over Daily
02/12/2010 House Second Reading Special Order - Passed with Amendments
02/15/2010 House Third Reading Laid Over Daily
02/16/2010 House Third Reading Passed
03/02/2010 Introduced In Senate - Assigned to Judiciary
03/15/2010 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
03/18/2010 Senate Second Reading Laid Over Daily
03/19/2010 Senate Second Reading Passed with Amendments
03/22/2010 Senate Third Reading Passed
03/24/2010 House Considered Senate Amendments - Result was to Laid Over Daily
03/29/2010 House Considered Senate Amendments - Result was to Laid Over Daily
04/23/2010 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee
05/11/2010 First Conference Committee Result was to No Report
Fiscal Note
CWC State Affairs Committee decided to monitor the bill on 2/8.
CWC Comments:
Position: Monitor
Short Title: Plumbing Code Water Conservation Stnd
Sponsors: SOPER / TOCHTROP
Requires the plumbing code adopted by the examining board of plumbers in the department of regulatory agencies to include standards for water efficiency and conservation, water-efficient fixtures and installation guidelines, and the use of locally produced materials. Amended in committee to define conservation as efficiency measures as adopted by the Board, that meet national guidelines and standards and are tested and approved by a nationally recognized testing laboratory, including: water efficient devices and fixtures; and the use of locally produced materials when practicable to reduce transportations impacts. When conservation and safety conflict, primary consideration shall be given to safety.
Status
01/26/2010 Introduced In House - Assigned to Business Affairs and Labor
02/10/2010 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
02/17/2010 House Second Reading Passed with Amendments
02/18/2010 House Third Reading Passed
02/19/2010 Introduced In Senate - Assigned to Business, Labor and Technology
03/03/2010 Senate Committee on Business, Labor and Technology Refer Unamended to Senate Committee of the Whole
03/08/2010 Senate Second Reading Laid Over Daily
03/12/2010 Senate Second Reading Passed
03/15/2010 Senate Third Reading Passed
03/22/2010 Signed by the Speaker of the House
03/25/2010 Signed by the President of the Senate
03/25/2010 Sent to the Governor
04/05/2010 Governor Action - Signed
Fiscal Note
CWC State Affairs Committee took action to SUPPORT on 2/22. The Committee also supports CWCB contracting for water in the Animas - La Plata Project.
CWC Comments:
Position: Support
Short Title: Water Conservation Bd Construction Fund
Sponsors: FISCHER / HODGE
Appropriates the following amounts from the Colorado water conservation board construction fund for the following projects:
* $250,000 for continuation of satellite monitoring system maintenance;
* $50,000 for instream flow engineering and technical support services;
* $175,000 for continuation of the weather modification program;
* $500,000 for continuation of the Colorado floodplain map modernization program;
* $250,000 for continuation of the watershed restoration program; and
* Up to $300,000 to restore the unencumbered balance in the flood response fund to $300,000.
Status
02/03/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
02/03/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources + Appropriations
02/03/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources + Appropriations
02/24/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Appropriations
02/24/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Appropriations
03/05/2010 House Committee on Appropriations Refer Unamended to House Committee of the Whole
03/08/2010 House Second Reading Laid Over to 03/12/2010
03/09/2010 House Second Reading Laid Over Daily
03/10/2010 House Second Reading Laid Over to 03/12/2010
03/12/2010 House Second Reading Passed
03/15/2010 House Third Reading Passed
03/18/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
03/18/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources + Appropriations
04/15/2010 Senate Committee on Agriculture and Natural Resources Refer Amended to Appropriations
04/30/2010 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
05/04/2010 Senate Second Reading Laid Over Daily
05/07/2010 Senate Second Reading Special Order - Passed with Amendments
05/10/2010 Senate Third Reading Passed
05/11/2010 House Considered Senate Amendments - Result was to Concur - Repass
05/20/2010 Signed by the President of the Senate
05/20/2010 Signed by the Speaker of the House
05/24/2010 Signed by the President of the Senate
05/24/2010 Sent to the Governor
06/04/2010 Governor Action - Intends to Sign
06/07/2010 Governor Action - Signed
Fiscal Note
CWC State Affairs took action to Oppose Section 9 of the Introduced version of the bill that was to remove $25 million from the CWCB Construction Fund.
CWC Comments: The original Section 9 was deleted. The bill was amended and renumbered. The applicable portion of the bill is now Section 8. This section would transfer $2 million from the CWCB's Perpetual Base Account loan fund to the General Fund.
Position: Amend
Short Title: Cash Fund Transfers Augment General Fund
Sponsors: POMMER / WHITE
Budget Package Bill. For the purpose of augmenting the amount of revenues in the state general fund for the 2009-10 state fiscal year, the state treasurer is required to transfer specified amounts of moneys to the general fund from various listed funds: Among list of funds transferred back to General Fund was $25 million from the Colorado Water Conservation Board construction fund. Amended in Appropriations to restore funds to CWCB. However, this leaves an unfilled hole in the General Fund budget for the current year which will require removing funds from some other program as the bill moves through the Senate.
Status
02/08/2010 Introduced In House - Assigned to Appropriations
02/16/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole
02/17/2010 House Second Reading Special Order - Passed with Amendments
02/18/2010 House Third Reading Laid Over Daily
02/19/2010 House Third Reading Passed
02/19/2010 Introduced In Senate - Assigned to Appropriations
02/22/2010 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
02/24/2010 Senate Second Reading Special Order - Passed with Amendments
02/25/2010 Senate Third Reading Laid Over Daily
02/26/2010 Senate Third Reading Passed
03/01/2010 House Considered Senate Amendments - Result was to Lay Over Daily
03/02/2010 House Considered Senate Amendments - Result was to Laid Over Daily
03/03/2010 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee
03/10/2010 First Conference Committee Result was to Adopt Rerevised
03/18/2010 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
03/22/2010 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
04/05/2010 Signed by the Speaker of the House
04/07/2010 Signed by the President of the Senate
04/07/2010 Sent to the Governor
04/15/2010 Governor Action - Signed
Fiscal Note
CWC State Affairs Supports retaining the Interim Water Resources Review Committee.
CWC Comments:
Short Title: Approval Of Legislative Interim Studies
Sponsors: BENEFIELD & ... / MORSE
Under section 1 of the bill, all interim studies will be one-year studies conducted by the appropriate joint committee of reference of the general assembly, based on the issues to be studied. If a legislator seeks authorization for an interim study, he or she will introduce a joint resolution (resolution) that, at a minimum, identifies the issues to be DelGrosso, Ferrandino, Frangas, Gagliardi, Gardner C., Gerou, Hullinghorst, Kerr J., King S., Labuda, McFadyen, Merrifield, Middleton, Miklosi, Murray, Nikkel, Rice, Roberts, Scanlan, Schafer S., Solano, Summers, Swalm, Tipton, Todd, Vaad, Vigil studied and the joint committee of reference that will conduct the study. The legislative council will be the committee of reference for all resolutions that authorize an interim study. If the legislative council approves the resolution, the legislative council must amend the resolution to specify the number of interim committee days that are allocated to the interim study. The legislative council will not allocate more than 25 interim committee days in any one interim or such other number of days as may be budgeted for in the legislative department budget for the applicable budget year. The chairs of the joint committee of reference may appoint subcommittees of the committee to conduct the study or studies assigned to it, but any bills or joint resolutions recommended as a result of a study must be approved by a majority of the members of the joint committee of reference. The chairs may also appoint a task force of interested persons from the community to advise the joint committee of reference or a subcommittee and shall appoint such a task force if required by the resolution that authorized the study. Any bills that a joint committee of reference chooses to recommend must be pertinent to the policy issues identified in the resolution that authorized the interim study. The joint committee of reference may also recommend a joint resolution to continue the interim study for another year if necessary. The recommended bills will be considered interim committee bills and will not count against a legislator's 5-bill limit only if the interim study met the statutory requirements for interim studies and was approved by the legislative council. The president of the senate and the speaker of the house of representatives shall each appoint to the joint committee of reference a prime sponsor of the resolution if at least one of the prime sponsors in each house is not a member of the joint committee of reference. The legislative staff agencies will provide staff support, as necessary, for each joint committee of reference, or subcommittee, that conducts an interim study. A joint committee of reference conducting an interim study will not be allowed to accept in-kind donations of services from a private organization unless the services are in addition to and not in lieu of the services normally provided by legislative staff. Sections 2 through 27 of the bill repeal the interim committees that currently are established in statute and make conforming amendments, including specifying the appropriate committees of reference for reports that, under current law, are submitted to statutory interim committees.
Status
03/02/2010 Introduced In House - Assigned to State, Veterans, & Military Affairs
03/18/2010 House Committee on State, Veterans, & Military Affairs Lay Over Amended
03/23/2010 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
04/01/2010 House Second Reading Passed with Amendments
04/02/2010 House Third Reading Passed
04/05/2010 House Third Reading Passed
04/13/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs
04/26/2010 Senate Committee on State, Veterans & Military Affairs Refer Amended to Senate Committee of the Whole
04/29/2010 Senate Second Reading Laid Over Daily
04/30/2010 Senate Second Reading Lost with Amendments
Fiscal Note
CWC State Affairs Committee took action to SUPPORT on 3/22.
CWC Comments:
Position: Support
Short Title: Water-smart Homes
Sponsors: FISCHER / JOHNSTON
The bill requires every person that builds a new single-family detached residence for which a buyer is under contract to offer the buyer the opportunity to select one or more of the following water-smart home options for the residence:
* Installation of water-efficient toilets, lavatory faucets, and Levy, Merrifield, Middleton, Pace, Peniston, Primavera, Ryden, Solano, Todd, Tyler, Vigil, Weissmann showerheads;
* If dishwashers or clothes washers are financed, installed, or sold as upgrades through the home builder, the model selected must be qualified pursuant to the federal environmental protection agency's energy star program at the time of offering;
* If front yard landscaping is financed, installed, or sold as upgrades through the home builder and will be maintained by the home owner, either average water use of the landscape must be no more than 10 gallons per square foot per year or turf grass shall not exceed 40% of the landscaped area; and
* Installation of a pressure-reducing valve that limits static service pressure in the residence to a maximum of 60 pounds per square inch.
Status
03/04/2010 Introduced In House - Assigned to Transportation & Energy
03/04/2010 Introduced In House - Assigned to Transportation & Energy
04/06/2010 House Committee on Transportation & Energy Refer Amended to House Committee of the Whole
04/06/2010 House Committee on Transportation & Energy Refer Amended to House Committee of the Whole
04/09/2010 House Second Reading Laid Over Daily
04/12/2010 House Second Reading Passed with Amendments
04/13/2010 House Third Reading Passed
04/19/2010 Introduced In Senate - Assigned to Local Government and Energy
04/27/2010 Senate Committee on Local Government and Energy Refer Amended to Senate Committee of the Whole
04/28/2010 Senate Second Reading Laid Over Daily
04/30/2010 Senate Second Reading Laid Over Daily
05/06/2010 Senate Second Reading Special Order - Passed with Amendments
05/07/2010 Senate Third Reading Passed
05/11/2010 House Considered Senate Amendments - Result was to Laid Over Daily
05/11/2010 House Considered Senate Amendments - Result was to Concur - Repass
05/19/2010 Signed by the Speaker of the House
05/20/2010 Signed by the President of the Senate
05/20/2010 Sent to the Governor
06/07/2010 Governor Action - Intends to Sign
06/09/2010 Governor Action - Signed
Fiscal Note
CWC State Affairs Committee took action to OPPOSE on 4/5.
CWC Comments:
Position: Oppose
Short Title: County Land-use Approval Under PUD Act
Sponsors: SCANLAN
Current law prohibits the construction or authorization of certain public projects in the unincorporated area of a county unless the proposed location and extent of the project are submitted to and approved by the county. Court cases have construed this provision to exempt political subdivisions such as special districts from complying with county planning and zoning requirements for public projects, particularly in connection with public projects on land encompassed within a planned unit development already subject to county regulations. The bill modifies the statutory provision requiring the location and extent review to clarify that the review does not waive or exempt any political subdivision from compliance with regulations adopted by the county pursuant to the "Planned Unit Development Act of 1972".
Status
03/17/2010 Introduced In House - Assigned to Local Government
04/22/2010 House Committee on Local Government Postpone Indefinitely
Fiscal Note
CWC State Affairs took action to SUPPORT on 4/12.
CWC Comments:
Position: Support
Short Title: Species Conservation Trust Fund
Sponsors: FISCHER / WHITEHEAD
The bill appropriates money from the species conservation trust fund for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that have been listed as threatened or endangered under state or federal law, or are Whitehead, candidate species or are likely to become candidate species as determined by the United States fish and wildlife service. The bill also directs the state treasurer to transfer, on July 1, 2010, $500,000 from the capital account of the species conservation trust fund (capital account), which moneys were appropriated for instream flow protection in fiscal year 2009, to the operation and maintenance account of the species conservation trust fund (operation and maintenance account), for use in the upper Colorado river recovery program. For fiscal year 2011, the bill:
* Reduces from $4,000,000 to $3,000,000 the amount to be transferred to the capital account from the operational account of the severance tax trust fund; and
* Transfers $1,000,000 to the operation and maintenance account from the operational account of the severance tax trust fund. For the 2012 and 2013 fiscal years, the bill makes the following transfers from the operational account of the severance tax trust fund:
* $4,500,000 to the capital account; and
* $2,500,000 to the operation and maintenance account.
Status
04/08/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
04/08/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources + Appropriations
04/08/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources + Appropriations
04/14/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Appropriations
04/14/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Appropriations
04/16/2010 House Committee on Appropriations Refer Unamended to House Committee of the Whole
04/20/2010 House Second Reading Laid Over Daily
04/21/2010 House Second Reading Passed
04/22/2010 House Third Reading Passed
04/23/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
04/23/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources + Appropriations
04/28/2010 Senate Committee on Agriculture and Natural Resources Refer Unamended to Appropriations
05/04/2010 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
05/06/2010 Senate Second Reading Laid Over Daily
05/06/2010 Senate Second Reading Passed
05/07/2010 Senate Third Reading Passed
05/25/2010 Signed by the President of the Senate
05/25/2010 Signed by the Speaker of the House
05/25/2010 Sent to the Governor
06/04/2010 Governor Action - Intends to Sign
06/07/2010 Governor Action - Signed
Fiscal Note
CWC State Affairs took action to SUPPORT on 1/19.
CWC Comments:
Position: Support
Short Title: Valuation Of New Hydroelec Facilities
Sponsors: SCHWARTZ / FISCHER
Previously reviewed as Interim Committee Bill C Requires that a hydroelectric energy facility placed in production on or after Jan. 1, 2010 producing in excess of five megawatts of electricity not to be used primarily on site to be valued for property tax purposes in the same manner as wind or solar facilities (using the income approach). Amended in committee to correct five MW to two; amendment also includes an existing facility not designed primarily to generate energy for consumptive use on site combined with energy efficiency improvements which generate more than two megawatts if the efficiency is 25% greater than the existing facility. Amendment clarifies that the valuation shall be applied to small or low impact hydro. Additional amendments limit valuation applied to hydro facilities to those that do not result in change in quantity or timing of diversions or releases for purposes of peak power generation; include measures to prevent fish entrainment in on-stream reservoirs and natural waterways and do not cause any violation of state water quality standards when operated.
Status
01/13/2010 Introduced In Senate - Assigned to Local Government and Energy
01/21/2010 Senate Committee on Local Government and Energy Refer Amended to Senate Committee of the Whole
01/26/2010 Senate Second Reading Laid Over Daily
02/03/2010 Senate Second Reading Passed with Amendments
02/04/2010 Senate Third Reading Laid Over Daily
02/11/2010 Senate Third Reading Passed with Amendments
02/12/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
02/12/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
03/03/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
03/03/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
03/12/2010 House Second Reading Laid Over Daily
03/15/2010 House Second Reading Passed with Amendments
03/16/2010 House Third Reading Passed
03/18/2010 Senate Considered House Amendments - Result was to Laid Over Daily
03/18/2010 Senate Considered House Amendments - Result was to Concur - Repass
05/07/2010 Signed by the President of the Senate
05/10/2010 Signed by the Speaker of the House
05/10/2010 Sent to the Governor
06/04/2010 Governor Action - Intends to Sign
06/08/2010 Governor Action - Signed
Fiscal Note
CWC State Affairs took action to SUPPORT on 1/19.
CWC Comments:
Position: Support
Short Title: Extend Funding Water Efficiency Grants
Sponsors: WHITEHEAD / BAUMGARDNER
Previously reviewed as Interim Committee Bill B. Extends repeal date of water efficiency grant program from 2012 to 2020. Authorizes annual appropriations of $550,000 and authorizes annual transfer of that amount from Tier 2 of the Severance Tax Trust Fund Operating Account to the grant program cash fund. This program funding has been under staff scrutiny during figure-setting for the 2010-11 budget cycle.
Status
01/13/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
01/13/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources + Appropriations
02/04/2010 Senate Committee on Agriculture and Natural Resources Refer Unamended to Appropriations
02/19/2010 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
02/23/2010 Senate Second Reading Laid Over Daily
02/24/2010 Senate Second Reading Passed
02/25/2010 Senate Third Reading Laid Over Daily
02/26/2010 Senate Third Reading Passed
03/02/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
03/02/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
03/17/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
03/17/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
03/22/2010 House Second Reading Laid Over Daily
03/23/2010 House Second Reading Passed
03/25/2010 House Third Reading Passed
05/10/2010 Signed by the President of the Senate
05/10/2010 Signed by the Speaker of the House
05/10/2010 Sent to the Governor
06/04/2010 Governor Action - Intends to Sign
06/07/2010 Governor Action - Signed
Fiscal Note
CWC State Affairs took action to SUPPORT with Montano amendment on 1/25.
CWC Comments:
Position: Support
Short Title: Fine Illegal Surface Water Diversions
Sponsors: SANDOVAL / ROBERTS
Previously reviewed as draft. Imposes a fine of $500 per day for the illegal diversion of surface water identical to the fine for illegal diversion of groundwater. Amended in committee consistent with Water Congress position clarifying that a fine for illegal diversion of surface water is triggered by a valid order of the State Engineer or a division engineer.
Status
01/13/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
01/13/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources + Appropriations
01/28/2010 Senate Committee on Agriculture and Natural Resources Refer Amended to Appropriations
02/05/2010 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
02/09/2010 Senate Second Reading Laid Over Daily
02/12/2010 Senate Second Reading Passed with Amendments
02/15/2010 Senate Third Reading Passed
02/17/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
03/10/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
03/10/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
03/15/2010 House Second Reading Laid Over Daily
03/16/2010 House Second Reading Passed with Amendments
03/17/2010 House Third Reading Passed
03/18/2010 Senate Considered House Amendments - Result was to Concur - Repass
04/07/2010 Signed by the President of the Senate
04/08/2010 Signed by the President of the Senate
04/08/2010 Signed by the Speaker of the House
04/08/2010 Sent to the Governor
04/14/2010 Governor Action - Signed
Fiscal Note
CWC State Affairs took action to SUPPORT on 1/19.
CWC Comments:
Position: Support
Short Title: Alter Designated Groundwater Basin Area
Sponsors: BROPHY / CURRY
Amends law to allow groundwater commission to exclude areas previously included within a designated basin only if the change doesn�t exclude wells for which conditional or final permits have been issued. Bill passed Senate substantially as introduced.
Status
01/13/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
01/21/2010 Senate Committee on Agriculture and Natural Resources Refer Amended to Senate Committee of the Whole
01/26/2010 Senate Second Reading Passed with Amendments
01/28/2010 Senate Third Reading Passed
02/01/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
03/03/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
03/08/2010 House Second Reading Laid Over Daily
03/09/2010 House Second Reading Passed
03/10/2010 House Third Reading Passed
03/22/2010 Signed by the President of the Senate
03/22/2010 Signed by the Speaker of the House
03/22/2010 Sent to the Governor
03/31/2010 Governor Action - Signed
Fiscal Note
Bill has been Postponed Indefinitely.
CWC Comments:
Short Title: Exempt Sch Irrigation Wells Prior Approp
Sponsors: HODGE
The bill exempts public school wells that pump 15 gallons per minute or less, are located in a school district that serves a population of 25,000 or less, and are used only for irrigation from the "Water Right Determination and Administration Act of 1969".
Status
01/15/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
02/11/2010 Senate Committee on Agriculture and Natural Resources Postpone Indefinitely
Bill has been Postponed Indefinitely.
CWC Comments:
Short Title: Facilitate Use Of Reusable Effluent
Sponsors: HODGE
Allows the developer of a water right which allows for consumptive use to make multiple successive reuse of the water following its discharge back to the stream after passing through a domestic wastewater facility without further approval by a water court of the state engineer. Directs the State Engineer to review the nature and contemplated use of the return flows of effluent to ensure that
� they originate from reusable effluent
� the appropriator has established adequate measuring and accounting
� the appropriate can demonstrate previous beneficial use and discharge through a treatment facility
Status
01/15/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
02/11/2010 Senate Committee on Agriculture and Natural Resources Postpone Indefinitely
CWC State Affairs decided to take no position on 2/8.
CWC Comments:
Position: Monitor
Short Title: Allocate Moneys Conserve Nat Resources
Sponsors: TOCHTROP / SONNENBERG
Allocates $7.5 million annually from the conservation trust fund to the department of ag, $2.5 million of which is to be used for control of noxious weeds. Moneys are to be awarded through grants to conservation districts. The bill also deletes the 2011 repeal date. Sponsor states that she believes tamarisk is included.
Status
01/20/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
02/18/2010 Senate Committee on Agriculture and Natural Resources Refer Amended to Senate Committee of the Whole
02/23/2010 Senate Second Reading Laid Over Daily
02/24/2010 Senate Second Reading Passed with Amendments
02/25/2010 Senate Third Reading Laid Over Daily
02/26/2010 Senate Third Reading Passed
03/02/2010 Introduced In House - Assigned to Local Government
03/02/2010 Introduced In House - Assigned to Local Government + Agriculture, Livestock, & Natural Resources
03/04/2010 House Committee on Local Government Refer Unamended to Agriculture, Livestock, & Natural Resources
03/17/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
03/22/2010 House Second Reading Laid Over Daily
03/23/2010 House Second Reading Laid Over Daily
03/25/2010 House Second Reading Laid Over Daily
03/26/2010 House Second Reading Passed with Amendments
03/29/2010 House Third Reading Passed
04/09/2010 Senate Considered House Amendments - Result was to Concur - Repass
04/22/2010 Signed by the President of the Senate
04/22/2010 Signed by the Speaker of the House
04/23/2010 Sent to the Governor
04/29/2010 Governor Action - Signed
Fiscal Note
Bill has been signed by the Governor.
CWC Comments: CWC State Affairs took action to SUPPORT Sections 2 and 3 of the bill on 2/22.
Position: Support
Short Title: Adjust Oil And Gas Well Regulation
Sponsors: HODGE / HULLINGHORST
Bill was requested by the Department and would help implement HB 09-1303, which imposed new requirements on oil and gas wells, including permitting by the state engineer and substitute water supply plans. The bill was substantially amended in committee. Amended Section 1 provides that except for coal bed methane wells, no well permit is required if the nontributary groundwater being removed will be used only for uses ancillary to or directly associated with the mining of minerals including enumerated activities in addition to other uses approved under the Oil and Gas Conservation Act, discharge into state waters in accordance with the Colorado Water Quality Control Act, evaporation at permitted centralized E&P facilities, or providing an alternative domestic water supply to surface owners under the Oil and Gas Conservation Act Further amended to eliminate from requirements for subsection 7 well permits of 1) the State Engineer�s finding of availability of unappropriated water and 2) application of the six hundred foot spacing. Section 2 as amended provides a phased approach for submission of well permit applications. As amended, Section 3 allows coal bed methane wells to operate without a substitute water supply plan until July 31, 2010 if the operator submits a request for approval of a substitute water supply plan by April 30, 2010.
Status
02/05/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
02/17/2010 Senate Committee on Agriculture and Natural Resources Refer Amended to Senate Committee of the Whole
02/19/2010 Senate Second Reading Special Order - Passed with Amendments
02/22/2010 Senate Third Reading Passed
02/23/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
03/02/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
03/05/2010 House Second Reading Passed with Amendments
03/08/2010 House Third Reading Passed
03/09/2010 Senate Considered House Amendments - Result was to Concur - Repass
03/18/2010 Signed by the President of the Senate
03/18/2010 Signed by the Speaker of the House
03/18/2010 Sent to the Governor
03/22/2010 Governor Action - Signed
Fiscal Note
CWC State Affairs took action to SUPPORT with Sperling amendment on 3/8.
CWC Comments:
Position: Support
Short Title: Promote Geothermal Energy Development
Sponsors: SCHWARTZ / MASSEY & ...
Section 5 of the bill defines "direct use" as the utilization of geothermal resources for commercial, residential, agricultural, public facilities, or other energy needs other than the commercial production of electricity. Sections 1 and 2 of the bill allow municipalities and counties to designate geothermal development as an activity of state interest under House Bill 74-1041, except for the direct use of such resources. Sections 3 and 4 allocate federal mineral lease revenues derived from geothermal resource development to the geothermal resource leasing fund and authorize the executive director of the department of local affairs to distribute the revenues:
* To state agencies, school districts, and political subdivisions of the state affected by the development and production of geothermal resources primarily for use by such entities in planning for and providing facilities and services necessitated by such development and production; and
* Secondarily to such entities, in consultation with the governor's energy office, for the promotion of the development of geothermal energy resources. Section 6 specifies that the property right to the following types of geothermal resources are an incident of the ownership of the overlying surface:
* Nontributary groundwater; and
* Not nontributary groundwater. Section 7 adopts the reasonable accommodation doctrine regarding relations between surface owners and geothermal resource developers. Section 8 specifies that a permit from the state engineer is not required for the direct use of a horizontal, closed-loop geoexchange system that does not use a geothermal fluid, as established by the state engineer by rule. Section 9 specifies that "material injury" includes an alteration in the temperature of water only if the alteration adversely affects a valid, prior geothermal right. Sections 10 through 12 require geothermal energy facilities to be valued for the purpose of property taxation in the same manner in which wind or solar energy facilities are valued.
Status
02/26/2010 Introduced In Senate - Assigned to Local Government and Energy
03/09/2010 Senate Committee on Local Government and Energy Refer Amended to Senate Committee of the Whole
03/12/2010 Senate Second Reading Laid Over Daily
03/16/2010 Senate Second Reading Passed with Amendments
03/17/2010 Senate Third Reading Laid Over Daily
03/18/2010 Senate Third Reading Passed with Amendments
03/19/2010 Introduced In House - Assigned to Local Government
04/06/2010 House Committee on Local Government Refer Unamended to House Committee of the Whole
04/09/2010 House Second Reading Passed
04/12/2010 House Third Reading Passed
04/20/2010 Signed by the President of the Senate
04/20/2010 Signed by the Speaker of the House
04/21/2010 Sent to the Governor
04/30/2010 Governor Action - Signed
Fiscal Note
Bill has been signed by the Governor.
CWC Comments: CWC State Affairs took action to SUPPORT on 1/25.
Position: Support
Short Title: Water Projects Eligibility Lists
Sponsors: WHITEHEAD / FISCHER
This is the annual water project eligibility list. Amendment was offered and lost in opposition to application of Davis-Bacon prevailing wage requirements to water projects. Several committee members are still looking for ways to challenge the prevailing wage requirement, particularly its retroactive application.
Status
01/15/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
01/28/2010 Senate Committee on Agriculture and Natural Resources Refer Unamended to Senate Committee of the Whole
01/29/2010 Senate Third Reading Laid Over Daily
02/03/2010 Senate Third Reading Passed
02/04/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
02/10/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
02/16/2010 House Third Reading Laid Over Daily
02/17/2010 House Third Reading Passed
02/22/2010 House Third Reading Laid Over Daily
02/26/2010 House Third Reading Passed
03/02/2010 Signed by the President of the Senate
03/03/2010 Signed by the Speaker of the House
03/03/2010 Sent to the Governor
03/15/2010 Governor Action - Signed
Resolution has been Postponed Indefinitely.
CWC Comments:
Position: Support
Short Title: CO Revolving Fund Prevailing Wage Reqmnt
Sponsors: HARVEY / TIPTON
*** No bill summary available ***
Status
03/11/2010 Introduced In Senate - Assigned to Business, Labor and Technology
03/17/2010 Senate Committee on Business, Labor and Technology Witness Testimony and/or Committee Discussion Only
03/22/2010 Senate Committee on Business, Labor and Technology Postpone Indefinitely
