Colorado

After more than two hours of testimony, an amended version of HB 1185: Temporary Changes of Water, sponsored by Rep. Greg Brophy (R-Wray), was approved by the House Agriculture, Livestock and Natural Resources Committee for a second time.

"We are very pleased with the House agriculture committee's response to the amendments," said Ray Christensen, Colorado Farm Bureau (CFB) executive vice president. "We worked very hard to provide necessary changes in the bill to alleviate some of the concerns by farmers with senior water rights."

The original version of HB 1185 was passed by the House Agriculture, Livestock and Natural Resource Committee on Feb. 9. Due to concerns that the bill, as introduced, did not offer enough protection for senior water rights, CFB opposed the bill. CFB worked with the proponents on amendments to ease some of the concerns regarding the bill. This new version of the bill will allow the State Engineer to approve a temporary change of water as a substitute water supply if certain conditions are met. It stipulates that temporary changes of water may be used for up to one year in an augmentation plan decreed by the water court. An applicant may request the renewal of the plan no more than five times for any single water right or share.

The CFB Board of Directors position was to be neutral if the bill contained the protection language and was amended to include a provision that no more than 10 percent of the total amount of augmentation water in the plan is temporarily changed water. The Farm Bureau amendment was offered by Rep. Kathleen Curry (D-Gunnison) which stipulates that no more than 10 percent of the total amount of augmentation water is temporarily changed agricultural water.

A second amendment was offered by Rep. Buffie McFadyen (D-Pueblo West) to add a sunset provision of 5 years to the bill. The amended version of HB 1185, including the sunset date and the 10 percent language proposed by CFB, was passed on a 7-4 vote. Voting in favor of the bill were Reps. Curry, Brophy, Hodge, Hoppe, McFadyen, Penry, and Rose. Voting in opposition to the bill were Reps. McKinley, Gallegos, Harvey, and Solano.

"It is difficult to watch agriculture being split on this tough issue," said Christensen. "It's time for both sides to cool off, take a step back and look at the bill again to see if it can truly be a compromise bill that works for both sides."

Date: 3/23/05