Sometimes the most important way to protect trout is by working at the Colorado General Assembly. A single bad environmental law could undo years of on-the-ground efforts, so CTU has long recognized the need to work at the legislature. Today, CTU's Jen Boulton is one of only three full-time lobbyists representing conservation interests at the state capitol. 2008 legislative priorities include:
HEALTHY RIVERS INITIATIVE
Healthy, flowing streams provide a host of benefits to Colorado - maintaining water quality, supporting fisheries, promoting a vibrant recreational and tourism economy, and contributing to overall quality of life. Yet many Colorado streams have too little water or are even dried up completely for portions of the year. Under state law, only the Colorado Water Conservation Board (CWCB) can hold water rights for instream flows, and while they are authorized to acquire existing water rights by purchase, lease, or donation from willing sellers, such acquisitions have been few and far between. In 2008, CTU and our conservation partners are promoting a package of four bills that will collectively help bolster this program for putting water back into Colorado's rivers and streams.
ELIMINATING PENALTIES ON THOSE WHO LEASE WATER FOR INSTREAM FLOWS
HB 1280 PROTECT ISF LEASES (Rep. Fischer, Sen. Schwartz) Position: Support Status: Signed into law
HB1280 is the first of our instream flow package. It removes a hurdle to long term leases of ISF water. Under Colorado water law's "use it or lose it" principle, the value of a water right is determined by the amount of water used consumptively every year. Years during which a water right is leased or loaned for instream use, the consumptive use credit is currently zero. Obviously, receiving zeros for several years can decrease the value of a water right significantly. HB1280 eliminates this deterent so that those who lease their water for instream flows are not penalized for their good deed and the long term value of their water rights are maintained.
FUNDING FOR INSTREAM FLOW ACQUISITIONS
HB 1346 CWCB PROJECTS BILL (Rep. Curry, Sen. Isgar)
Position: Support Status: Passed House; now on Senate Floor
SB 168 SPECIES CONSERVATION TRUST FUND (Sen. Isgar, Rep. Curry) Position: Support Status: Senate floor
While the CWCB has authority to acquire water rights, it has never had meaningful funds allocated to the program. This year, two proposals would begin to fund the important work of acquiring water for instream flows: under the CWCB's annual projects bill (HB 1346), $1 million is proposed to support acquisition of water and related expenses such as the engineering and legal work needed to run such a transaction through the water courts. HB 1346 has passed the House and is awaiting Senate action. A second bill (SB 168), outlining uses of funds from the Species Conservation Trust Fund, would provide another $500,000 for acquisition of water specifically to support conservation of at-risk native species. Collectively, these infusions of funding would help jump-start the instream flow program.
TAX INCENTIVES FOR INSTREAM FLOW DONATIONS
HB 1369 INCENTIVES FOR DONATIONS OF WATER RIGHTS (Rep. Pommer, Sen. Gibbs)
Position: Support Status: Dead
While landowners who protect habitat through conservation easements have long enjoyed the ability to secure a tax credit for their commitment, owners of water rights do not have similar incentives for providing water to the stream. HB1369, spearheaded by our partners at EDF, would have established a tax credit of up to $250,000 for water right owners who make permanent donations of water to the state's instream flow program. This program would provide a new incentive to encourage water right holders to help keep Colorado's rivers flowing.
For more background on the healthy rivers initiative and the issues that led to its development, click here.
Wildlife
*HB1069 OFF HIGHWAY VEHICLE ENFORCEMENT
Sponsors: Curry, Tochtrop
Position: Support Status: Signed Into Law
HB1069 allows State peace officers to enforce off highway vehicle regulations on federally owned public land. The bill also requires the DOW to report to the legislature in one year about the number of citations issued. Although there are no additional staff to search for violations, HB1069 is a very positive step and will allow DOW officers in the field to help ensure that off-highway vehicles are not used inappropriately. Illegal off-trail use of these vehicles can cause serious erosion and habitat damage. The bill is supported by conservationists as well as mainstream OHV users.
*HB1137 LIMIT DIVISION OF WILDLIFE ACQUISITIONS
Sponsors: Sonnenberg, Brophy
Position Oppose Status: Dead
HB1137 was a direct attack on sportsmen. We lose thousands of acres of habitat to development every day, and hunting and fishing access are increasingly limited. DOW's acquisition of property and easements are one of the key tools for addressing those challenges. But HB1137 would have required DOW to sell off other property of equal value any time new property was acquired. This flies in the face of the public support shown for more acquisition through programs like GOCO and the Habitat Stamp. Fortunately, this attack on sportsmen was killed on a 7-6 vote in the House Agriculture Committee.
SB13 REALLOCATE SEVERANCE TAX
Sponsors: Schwartz, Fischer
Position: Support Status: Senate Approps
SB13 reduces the amount of severance tax distributed to the COGCC and the DRMS by five percent each. The cumulative ten percent of severance tax is redistributed to the DOW and the Division of Parks and Outdoor Recreation. DOW is required to spend the money on energy related impacts to wildlife. Parks is not constrained in its expenditures. The bill will help ensure that more of the funds generated through oil and gas development can actually be used to mitigate effects on fish and wildlife resources.