HB1352
HB1352 - Concerning an expansion of water judges's jurisdiction to address the effects of a water right adudication on water quality, made it out of committee with a narrow vote of 6 to 5 Monday, according to the Fort Morgan Times. From the article, "One of the bigger water bills to be presented to Colorado lawmakers this year narrowly received the endorsement Monday of the House Committee on Agriculture, Livestock and Natural Resources.
"House Bill 1352, sponsored by Rep. Buffie McFadyen, D-Pueblo West, would allow water court judges to set terms and conditions for water quality at the point of diversion when considering a change in use of a water right involving at least 1,000 acre-feet of water.
"The committee voted 6-5 to send the measure to the full House for debate. Both Republican Reps. Diane Hoppe of Sterling and Cory Gardner of Wray were opposed, saying they feared the bill would open the door to third-party challenges in water transfers to consider such issues as the impact on aquatic life...
"Hoppe also argued water courts don't have the staff or expertise to make decisions on water quality issues. Currently, water courts consider only the quantity of water and the potential injury to other water right holders in change-of-use cases.
"McFadyen said her bill plugged a hole in current law that fails to protect downstream communities when water is transferred from agriculture to municipal uses. Several southeastern Colorado residents testified during Monday's hearing that water quality is deteriorating in towns along the lower Arkansas River...
"Southern Colorado lawmakers for years have sought to change Colorado water law to force consideration of deteriorating water quality when water is transferred from one use to another. Previous attempts by former House Speaker Lola Spradley, now U.S. Rep. John Salazar and state Rep. Rafael Gallegos, D-Antonito, all have failed.
"The City of Pueblo is one of the biggest proponents of the change as part of its fight with Colorado Springs over the quality of water flowing into the Arkansas River from Fountain Creek...
"And while Hoppe and Gardner both argued the bill could stop all future water exchanges, Rep. Al White of Winter Park said that is exactly why he was the committee's only Republican to vote for it.
"'There may be some instrument within this bill that will make it more difficult to transfer water from the West Slope to the East Slope and if that's the case, I'm happy to see the water stay on the West Slope,' White said. 'It's a positive West Slope bill.'"
Category: Colorado Water
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