COMMITTEE ON ENERGY, ENVIRONMENT AND NATURAL RESOURCES
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2512
(Reference to printed bill)
Page 2, strike lines 14 through 24, insert:
"4. For a county that is not in an active management area:
(a) the board shall review the provision and after review may by unanimous vote at a public meeting vote not to readopt the provision. The review shall occur not more than five years after the effective date of this amendment to this section AND at least EVERY TEN YEARS THEREAFTER, but not more frequently than every five years thereafter.
(b) If the board does not vote UNANIMOUSLY not to readopt the PROVISION or if the board after review does not vote on the provision, the provision remains in effect.
(c) If the board VOTES unanimously not to readopt the provision, the provision has no further force and subsection A of this section does not apply IF ALL OF THE FOLLOWING APPLY AT THE TIME of the vote:"
Line 25, strike "(a)" insert "(i)"
Line 27, strike "(b)" insert "(ii)"
Line 28, strike "subdivision" insert "item"
Line 30, strike "(c)" insert "(iii)"
Line 33, strike "(d)" insert "(iv)"
Line 37, strike "(e)" insert "(v)"
Line 43, strike "(f)" insert "(vi)"
Page 3, line 3, strike "(g)" insert "(vii)"
Line 7, strike "(h)" insert "(viii)"
Between lines 10 and 11, insert:
"5. The board shall give written notice of any vote not to readopt the provision to the director of water resources, the director of environmental quality and the state real estate commissioner if the PROVISION is no longer in effect as prescribed in paragraph 4 of this subsection."
Renumber to conform
Page 15, between lines 21 and 22, insert:
"6. An evaluation and analysis of issues related to the sources of brackish groundwater and its ownership."
Page 16, line 1, strike ", colorado river water"
Page 18, line 9, after "area" insert "THE DIRECTOR SHALL CALCULATE THE INITIAL VOLUME OF EXTINGUISHMENT CREDITS FOR THE EXTINGUISHMENT OF A GRANDFATHERED RIGHT AS FOLLOWS"
Between lines 9 and 10, insert:
"1. FOR THE EXTINGUISHMENT OF A TYPE 2 NON-IRRIGATION GRANDFATHERED RIGHT, MULTIPLY THE NUMBER OF ACRE-FEET INDICATED ON THE CERTIFICATE OF GRANDFATHERED RIGHT BY one hundred.
2. FOR THE EXTINGUISHMENT OF ALL OR PART OF AN IRRIGATION GRANDFATHERED RIGHT, OR ALL OR PART OF A TYPE 1 NON-IRRIGATION GRANDFATHERED RIGHT, MULTIPLY 1.5 ACRE-FEET BY THE NUMBER OF IRRIGATION ACRES ASSOCIATED WITH THE EXTINGUISHED IRRIGATION GRANDFATHERED RIGHT OR THE NUMBER OF ACRES TO WHICH THE EXTINGUISHED TYPE 1 NON-IRRIGATION GRANDFATHERED RIGHT IS APPURTENANT, AND THEN MULTIPLY THAT PRODUCT BY one hundred, EXCEPT THAT:
(a) IF ONLY A PORTION OF AN IRRIGATION GRANDFATHERED RIGHT OR A TYPE 1 NON-IRRIGATION GRANDFATHERED RIGHT IS EXTINGUISHED, ONLY THOSE ACRES ASSOCIATED WITH THE PORTION OF THE RIGHT THAT IS EXTINGUISHED SHALL BE INCLUDED IN THE CALCULATION.
(b) IF AN EXTINGUISHED IRRIGATION GRANDFATHERED RIGHT HAS A DEBIT BALANCE IN THE CORRESPONDING FLEXIBILITY ACCOUNT ESTABLISHED pursuant to section 45-467, THE DIRECTOR SHALL SUBTRACT THE AMOUNT OF THE DEBIT FROM THE AMOUNT OF THE EXTINGUISHMENT CREDITS.
3. FOR GRANDFATHERED RIGHTS EXTINGUISHED AFTER SEPTEMBER 1, 2018, IF THE AMOUNT OF THE EXTINGUISHMENT CREDITS REMAINING UNUSED ON THE SIXTH, ELEVENTH, SIXTEENTH OR TWENTY-FIRST ANNIVERSARY OF THE DATE OF EXTINGUISHMENT IS GREATER THAN AN AMOUNT CALCULATED BY MULTIPLYING THE INITIAL VOLUME OF EXTINGUISHMENT CREDITS BY THE APPLICABLE PERCENTAGE ESTABLISHED IN THIS subseCTION, THE AMOUNT OF UNUSED CREDITS SHALL BE REDUCED TO AN AMOUNT CALCULATED BY MULTIPLYING THE INITIAL VOLUME OF EXTINGUISHMENT CREDITS BY THE APPLICABLE PERCENTAGE.
4. FOR THE PURPOSES OF DETERMINING THE REDUCTION IN THE AMOUNT OF UNUSED CREDITS AS PROVIDED IN paragraph 3 of this sUBSECTION, THE APPLICABLE PERCENTAGES are AS FOLLOWS:
(a) FOR CREDITS REMAINING ON THE SIXTH ANNIVERSARY OF THE DATE OF EXTINGUISHMENT, SEVENTY-five PERCENT.
(b) FOR CREDITS REMAINING ON THE ELEVENTH ANNIVERSARY OF THE DATE OF EXTINGUISHMENT, fifty PERCENT.
(c) FOR CREDITS REMAINING ON THE SIXTEENTH ANNIVERSARY OF THE DATE OF EXTINGUISHMENT, twenty-five PERCENT.
(d) FOR CREDITS REMAINING ON THE TWENTY-FIRST ANNIVERSARY OF THE DATE OF EXTINGUISHMENT, zero PERCENT.
5. FOR the PURPOSES OF paragraph 3 of this SUBSECTION, THE AMOUNT OF EXTINGUISHMENT CREDITS REMAINING UNUSED ON THE ANNIVERSARY OF THE DATE OF EXTINGUISHMENT OF A GRANDFATHERED RIGHT SHALL BE THE INITIAL VOLUME OF EXTINGUISHMENT CREDITS ISSUED FOR THE EXTINGUISHMENT OF THE RIGHT, reduced by both of the following:
(a) THE AMOUNT OF ANY OF THE EXTINGUISHMENT CREDITS PREVIOUSLY PLEDGED TO A CERTIFICATE OF ASSURED WATER SUPPLY OR DESIGNATION OF ASSURED WATER SUPPLY PURSUANT TO rules adopted by the director AND REPORTED TO THE DEPARTMENT as HAVING BEEN USED.
(b) The amount of any previous reductions made to the extinguishment credits pursuant to paragraph 3 of this subsection."
Renumber to conform
Page 18, line 13, strike "rule making" insert "rulemaking"
Lines 14 and 15, strike "rule making" insert "rulemaking"
Line 20, after "supply" insert a period strike remainder of line
Strike lines 21 and 22
Line 30, after "use" insert "in an active management area"
Line 36, strike ", plant research or plant breeding,"
Page 25, line 40, strike "applicable"
Strike line 41
Line 42, strike "management period" insert "legislature otherwise requires"
Page 33, line 19, strike the first "two" insert "three"
Page 37, line 25, strike "district" insert "director of water resources"; strike "director of water resources” insert "district"
Page 38, line 36, strike "___________" insert "December 31"
Amend title to conform