Amendments for SB23-295
Senate Journal, April 27
After consideration on the merits, the Committee recommends that SB23-295 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, after line 21 insert:
"(h) "SUB-TASK FORCE" MEANS THE SUB-TASK FORCE ESTABLISHED
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION.".
Reletter succeeding paragraphs accordingly.
Page 4, strike line 4 and substitute:
"(II) THE COMMISSIONER OF AGRICULTURE OR THE COMMISSIONER OF
AGRICULTURE'S DESIGNEE;".
Page 4, after line 14 insert:
"(VII) A REPRESENTATIVE OF THE SOUTHEASTERN COLORADO WATER
CONSERVANCY DISTRICT, APPOINTED BY THE BOARD OF DIRECTORS OF THE
SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT;
(VIII) A REPRESENTATIVE OF THE NORTHERN COLORADO WATER
CONSERVANCY DISTRICT, APPOINTED BY THE BOARD OF DIRECTORS OF THE
NORTHERN COLORADO WATER CONSERVANCY DISTRICT;".
Renumber succeeding subparagraphs accordingly.
Page 4, strike lines 17 through 19.
Reletter succeeding sub-subparagraphs accordingly.
Page 5, strike lines 1 through 3.
Page 5, after line 3 insert:
"(A) A REPRESENTATIVE OF A STATEWIDE AGRICULTURAL
ORGANIZATION;"
Page 5, after line 18 insert:
"(b) THE STATE ENGINEER OR THE STATE ENGINEER'S DESIGNEE SHALL
ALSO SERVE ON THE TASK FORCE IN AN ADVISORY, NONVOTING CAPACITY.".
Reletter succeeding paragraph accordingly.
Page 6, line 6, after "(c)" insert "(I)".
Page 6, after line 11 insert:
"(II) ANY MEETING OF THE TASK FORCE OR SUB-TASK FORCE MUST BE
OPEN TO THE PUBLIC. THE TASK FORCE AND SUB-TASK FORCE SHALL ALLOW
PUBLIC TESTIMONY DURING AT LEAST ONE MEETING OF THE TASK FORCE AND
SUB-TASK FORCE. A TASK FORCE MEMBER, SUB-TASK FORCE MEMBER, OR
GOVERNMENTAL ENTITY THAT IS PARTICIPATING IN THE TASK FORCE OR SUB-
TASK FORCE IS NOT REQUIRED TO PROVIDE ANY INFORMATION THAT IS
PROTECTED FROM DISCLOSURE BY APPLICABLE LAW.".
Page 7, strike lines 21 through 24 and substitute "LINE FOR INTERSTATE
PURPOSES MUST BE OPERATED CONSISTENT WITH:
(A) THE AGREEMENT REGARDING STORAGE AT COLORADO RIVER
STORAGE PROJECT ACT RESERVOIRS UNDER AN UPPER BASIN DEMAND
MANAGEMENT PROGRAM, ENTERED INTO BY THE STATES OF COLORADO, NEW
MEXICO, UTAH, AND WYOMING AND THE FEDERAL SECRETARY OF THE INTERIOR
ON MAY 20, 2019; AND
(B) PRINCIPLE FOUR OF COLORADO'S CONCEPTUAL FRAMEWORK,
REFERENCED ON PAGE SEVENTY-FIVE OF THE COLORADO WATER PLAN, WHICH
WAS FINALIZED AND APPROVED BY THE BOARD ON JANUARY 24, 2023.".
Page 8, after line 15 insert:
"(5) (a) THE TASK FORCE SHALL ESTABLISH A SUB-TASK FORCE TO
STUDY TRIBAL MATTERS. THE SUB-TASK FORCE CONSISTS OF:
(I) THE REPRESENTATIVE OF THE SOUTHERN UTE INDIAN TRIBE
APPOINTED PURSUANT TO SUBSECTION (2)(a)(IV) OF THIS SECTION;
(II) THE REPRESENTATIVE OF THE UTE MOUNTAIN UTE TRIBE
APPOINTED PURSUANT TO SUBSECTION (2)(a)(V) OF THIS SECTION;
(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE
DIRECTOR'S DESIGNEE; AND
(IV) TWO OTHER MEMBERS JOINTLY APPOINTED BY THE SOUTHERN UTE
INDIAN TRIBE, THE UTE MOUNTAIN UTE TRIBE, AND THE DEPARTMENT.
(b) THE PURPOSE OF THE SUB-TASK FORCE IS TO PROVIDE
RECOMMENDATIONS FOR STATE LEGISLATION THAT WILL:
(I) PROVIDE FOR FULL TRIBAL PARTICIPATION IN THE PROGRAMS IN A
MANNER THAT RECOGNIZES THE UNIQUE NATURE OF TRIBAL WATER RIGHTS AND
TRIBAL WATER USE, SPECIFICALLY IN REGARD TO FORBEARANCE AND DEMAND
MANAGEMENT OPPORTUNITIES;
(II) PROVIDE FOR TRIBAL PARTICIPATION IN THE PROGRAMS IN A
MANNER THAT IS VOLUNTARY, TEMPORARY, AND COMPENSATED; AND
(III) EVALUATE SOURCES OF REVENUE TO APPROPRIATELY COMPENSATE
THE SOUTHERN UTE INDIAN TRIBE AND THE UTE MOUNTAIN UTE TRIBE FOR
PARTICIPATION IN THE PROGRAMS.".
Renumber succeeding subsections accordingly.
Page 8, strike line 19 and substitute "FORCE, EXCEPT FOR PROPRIETARY
INFORMATION A STATE AGENCY HAS RECEIVED FROM THE SOUTHERN UTE
INDIAN TRIBE AND THE UTE MOUNTAIN UTE TRIBE.".
Page 8, line 21, strike "(6)(b)" and substitute "(7)(b)".
Page 8, strike line 27 and substitute "SUBSECTIONS (4)(a) AND (5)(b) OF THIS
SECTION;".
Page 9, line 1, after "FORCE'S" insert "AND SUB-TASK FORCE'S".
After "FORCE" insert "AND SUB-TASK FORCE" on Page 8, lines 24 and 26; and
Page 9, lines 3 and 5.
Senate Journal, April 28
After consideration on the merits, the Committee recommends that SB23-295 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 9, after line 7 insert:
"SECTION 3. Appropriation. (1) For the 2023-24 state fiscal year,
$200,000 is appropriated to the legislative department for use by the legislative
council. This appropriation is from the general fund. To implement this act, the
council may use this appropriation to implement the bill.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "FORCE." and substitute "FORCE, AND, IN CONNECTION
THEREWITH, MAKING AN APPROPRIATION.".
Appro-
priations
Senate Journal, April 28
SB23-295 by Senator(s) Roberts and Will, Bridges, Pelton B., Rich; also Representative(s) McCluskie
and Catlin, Holtorf, Lukens, McCormick, McLachlan, Soper, Velasco--Concerning the
creation of the Colorado river drought task force.
Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, April 27, page(s) 1134-1136 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 28, page(s) 1191 and placed in members' bill files.)
Amendment No. 3(L.012), by Senator Roberts.
Amend printed bill, page 3, line 16, strike "OR CITY AND COUNTY." and
substitute "CITY AND COUNTY, WATER CONSERVANCY DISTRICT, OR WATER AND
SANITATION DISTRICT.".
Page 6 of the bill, strike line 27 and substitute "RECOMMENDATIONS FOR
POTENTIAL STATE LEGISLATION THAT WOULD PROVIDE".
Page 7 of the bill, line 14, strike "MUST, AT A MINIMUM:" and substitute
"MUST:".
Page 7 of the bill, line 15, strike "MUST BE ADOPTED AND" and substitute "BE
DESIGNED TO BE REASONABLY".
Strike "LOCATED" and substitute "THAT OWNS WATER RIGHTS" on: Page 5 of the
bill, lines 7 and 13.
Amend the Agriculture and Natural Resources Committee Report, dated April
26, 2023, page 2, strike line 3 and substitute "ORGANIZATION THAT IS THE
OWNER OF WATER RIGHTS;
(B) A REPRESENTATIVE OF A FRONT RANGE MUNICIPAL WATER
PROVIDER THAT DIVERTS WATER FROM THE COLORADO RIVER;".
Reletter succeeding sub-subparagraphs accordingly.".
Page 2 of the report, strike line 25 and substitute "THE INTERIOR ON MAY 20,
2019, AND ANY EXTENSION OF, AMENDMENT TO, OR REPLACEMENT OF THAT
PROGRAM THAT IS INTENDED TO ACHIEVE SIMILAR OBJECTIVES; AND".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, May 3
6 SB23-295 be amended as follows, and as so amended, be referred to
7 the Committee on Appropriations with favorable
8 recommendation:
9
10 Amend reengrossed bill, page 9, line 24, strike "(2)(a)(V)" and substitute
11 "(2)(a)(III)".
12
13