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Home My WebLink AboutAgenda - Full - Legislative Review Committee - 01/28/1994 -r ThE COUNCIL OF TiLE CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE A ENDA January 28,1994 CIC RDan 12:00 P.M. 1.Water Bills Update on State Legislation (see attached information) Recommended Action on SB 95 Basin of Origin Federal Legislation Other Issues 2.Financial Bills SB 69 -Update on Definition of Real Property SB 22 -Authority of State Division of Securities Resolution 1009 -Public-Private Cooperation Others (Weld County Court Decision) 3.Police Bills NB 1025,1076,1049 and SB 27 -Concealed Weapons Others 4.Natural Resources Bills SB 86 -Billing Authority for Trash Hauling Others 5.Other Business THE LEGISLATIVE REVIEW COMMIflEE MEETING WILL BE HELD IN THE CIC ROOM.CITY CABLE 27 WILL BE CABLECASTING MEETINGS OF THE LEGISLATIVE REVIEW COMMHTEE.THE MEETINGS WILL BE CABLECAST UVE ON CHANNEL 27 FROM 12:00 TO 1:30 P.M.AND REPLAYED ON FRiDAY AT 8:00 P.M. UtilitfE,ervices r Water &Wastewater Ci of Fort Collins MEMORANDUM DATE:January 28,1994 TO:Legislative Review Committee FROM:Tom Gallier,Water and Wastewater RE:Legislative Issues Status Report STATE LEGISLATIVE ISSUES: SJR 4-Endanoered Species Act Description:This resolution was produced by the Interim Committee on Water and State School Lands Issues,and was reviewed at the January 14 LRC.It recommends several changes to the existing federal E.S.A.that would reduce “adverse social and economic impacts,”require federal compensation for “taking”of private property rights,and reinforce the primacy of existing state water laws. Staff Recommendation:Monitor with Natural Resources SJR 6-Colorado Water and Power Authority SRF Loan List DescriDtion:Establishes state revolving loan fund authorizations. Staff Recommendation:Neutral SB 29 (Bishop)-Colorado Water Conservation Board Construction Fund Description:Establishes spending priorities for CWCB projects. Staff Recommendation:Neutral SB 45 (Gallagher and Wham)-Elimination of Sunset Provisions Description:This bill eliminates built in automatic sunset provisions from a number of public health related licensing boards and commissions,including water and wastewater plant operator licensing. Staff Recommendation:Support SB 54 (Ament)-Changing Conditional Rights Description:Prevents recognition of the original priority date on a conditional decree unless the appropriation is completed consistent with the original appropriation.Colorado Water Congress has some structural concerns with this bill and has a subcommittee working with Sen.Ament on some amending language. Staff Recommendation:Monitor.No problem at present. P0.Box 580 ‘Fort Collins,CD 80522-0580 (303)221 -6681 0 2 SB 94 (Bishop)-Colorado Water Quality Control Division Injunction Authority Description:Gov.Romer requested this bill as a result of difficulties the WQCD had taking action against the Summitville Mine last year.They were unable to take effective action until the pollution had already occurred.This bill amends the Cob.Clean Water Act to expand the authority of the WQCD to seek injunctions to prevent “imminent threats of pollution to public health or the environment.”Several water industry groups are concerned that this expansion of authority could be abused in the future if too loosely interpreted by the state,but staff feels it is worthy of support. Staff Recommendation:Support SB 95 (Cassidy)-Basin of Origin Description:This is very similar to bills introduced in the last several years.As drafted,the bill requires a nearly impossible burden of proof that the applicant has analyzed every conceivable alternative to the project.It would tie up any transbasin water project for years,and could essentially prohibit them.The bill would apply to Fort Collins’conditional rights for the Michigan Ditch enlargement,and to any of the City’s other transbasin diversions (CBT,Windy Gap).The LRC was prepared to oppose this bill last year,but it died in committee before we could take action. Staff Recommendation:Oppose SB 97 (Blickensderfer)-Annual Allocation of Non-Tributary Groundwater Description:This bill was just released this week,and I have not yet received a copy.It would redefine the rules used to calculate annual yields for several non-tributary groundwater aquifers.It has no affect on Fort Collins,but concerns the State Engineer and may represent poor water policy. Staff Recommendation:Neutral HB 1006 (Jerke)-Administration of Interstate Diversions Descriptions:This bill came out of the Interim Committee on Water and State School Lands Issues and was summarized at the January 14 LRC meeting.It appears that NCWCD and the Windy Gap Participants Committee will strongly oppose this bill due to its potential adverse impact on northern Colorado west slope water rights (especially Windy Gap).Everyone recognizes Rep.Jerke’s good faith effort to resolve potential legal/constitutional problem with the existing interstate compact language,but oppose it in its present form.Rep.Jerke met this week with a Colorado Water Congress subcommittee to work on amendments.I will have an update on January 31. Staff Recommendation:Monitor,but be prepared to oppose on short notice (i.e.,telephone poll) HB 1027 (Romero)-Expansion of Conservation District Powers Description:This bill has been amended slightly,but the Pueblo district responsible wishes to retain provisions that grant authority to deal with water pollution projects.Given the existing structure of water quality programs and agencies,this kind of proliferation is opposed by most of the water industry. Staff Recommendation:Monitor revisions:Staff may recommend opposition later r 3 HB 1075 (Acquafresca)-Denial of Water Rights for Salinity Control Act Improvements Description:This is a complex and confusing bill related to efforts by the Bureau of Reclamation to reduce salinity impacts to the Colorado River by its west slope irrigation customers.It prevents the Bureau or their customers from claiming water rights for any saved or conserved water as a result of their salinity reduction efforts.Several amendments and rewrites are expected,and no impacts on Fort Collins have been discerned as yet. Staff Recommendation:Neutral FEDERAL LEGISLATIVE ISSUES: Endangered SDecies Act Reauthorization Rumors continue that there is little likelihood the ESA will be reauthorized in 1994.The environmental community seems to think that the current congressional mood and election year politics could result in more losses than gains if they reopen the Act at this time. Staff Recommendation:Monitor Clean Water Act Reauthorization The Clinton Administration is preparing to release a major markup of the Clean Water Act sometime this week or next.Staff wUl obtain and try to prepare a summary report on this at the next LRC meeting. Staff Recommendation:Monitor Safe Drinking Water Act No news to report. Staff Recommendation:Monitor OTHER ISSUES: Federal Bypass Flows No news to report. Water Ill ProDosed Constitutional Initiative This is the amendment that prohibits transbasin water diversions without an affirmative vote of a majority of all “eligible electors”within the basin.The amendment’s language has been revised again,and another hearing before the Legislative Counsel has been scheduled for January 31. Staff Recommendation:Monitor Election of Conservation District Board Members Apparently State Senator Roberts is putting together a bill that requires election of all conservation district board members,and looking for a House sponsor.A position supporting this approach was added to our 1994 Legislative Agenda at Councilmember Janet’s request,and approved by Council.We will monitor this issue and report back to the LRC. Staff Recommendation:Monitor and support if a bill is presented that meets the Council’s stated policy. 0 0 OAF 0 0