HB14-1026: “In theory, it sounds good [flexible markets], but there are still not enough sideboards on it” — Jay Winner #COleg

Straight line diagram of the Lower Arkansas Valley ditches via Headwaters
Straight line diagram of the Lower Arkansas Valley ditches via Headwaters

From The Pueblo Chieftain (Chris Woodka):

Local officials still are skeptical of pending legislation that would establish a flex marketing water right. The bill, HB1026, as introduced would have allowed agricultural water to be used anywhere, any time and for any purpose, apparently in contradiction of the state’s anti-speculation doctrine.

[…]

It breezed through the state House, but has been snagged for weeks in the Senate agriculture committee.

“In theory, it sounds good, but there are still not enough sideboards on it,” said Jay Winner, general manager of the Lower Arkansas Valley Water Conservancy District.

Winner has been trying to get a provision added to the bill that would limit fallowing of farmland to three years in 10 — a staple of current law regarding temporary transfers. Backers of the bill have pushed for allowing transfers to occur five years in 10, with nearly unlimited dry-up of farm ground during that time.

The bill was supposed to be heard in the Senate ag committee Thursday, but was again delayed. Winner thinks it should be referred to the interim water resources committee to work out differences.

Meanwhile, the Pueblo Board of Water Works also is backing off from supporting the bill. Even though provisions were added that prevent moving water from the water district where it originally was used, farms might be permanently dried up, said Terry Book, executive director of the water board.

“Our question is does it do what it’s intended to do?” Book said. “We would support something that allows farmers to market water, but not this bill.”

More 2014 Colorado legislation coverage here.

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