The state Senate unexpectedly killed a bill Tuesday that would have given a boost to northern Colorado farmers whose water wells near the South Platte River were shut down by the state.
Hundreds of wells were shut down two years ago over concerns the wells were pulling water out of the river and hurting rights holders with dibs on the river water. Water officials said the farmers needed to have plans showing how they were going to replenish the water they owed to the river before they could begin operating their wells again.
Sponsors said House Bill 1030, which came out of a governor’s task force, would have forgiven a small amount of the water the farmers owe, to help them begin running their wells and watering their crops again.
“This was just a little, tiny step we could have made that we thought could help some well owners without hurting the senior (rights owners),” said Sen. Greg Brophy, a Wray Republican who was one of the bill’s chief sponsors.
The bill passed the House last month 47-15 and saw no opposition Monday in passing the Senate on second reading. But it died on third reading, one step from the governor’s desk.
Sen. Gail Schwartz, a Snowmass Village Democrat who was one of the bill’s sponsors, turned on it. Nine Democrats and 11 Republicans voted no, while 11 Democrats and four Republicans voted yes.
Opponents said it was a bad idea that would have fundamentally altered the state’s already complicated water law and hurt senior water-rights holders.
“Water bills are not always Front Range versus West Slope,” said Sen. Dan Gibbs, D-Silverthorne. “. . . But the water actions we take in one part of the state have an impact on other parts of the state.”
“For a person on the cusp,” said Sen. Ted Harvey, R-Highlands Ranch, “this would prevent them from using their water right for their crops, for their cattle or for their municipal use.”
Evan Dreyer, a spokesman for Gov. Bill Ritter, said the decision was disappointing.
“It continues to be an important issue for the governor,” Dreyer said, “and we’ll keep working at it.”
John Ingold: 303-954-1068 or jingold@denverpost.com



