Montrose - Daily Press

James Shea

Daily Press Writer

MONTROSE — Agriculture interests in Colorado are divided over a bill that allows farmers to lease water but keep their land.

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Called the Rotational Crop Management Bill, the legislation passed the state House Agriculture, Livestock and Natural Resource Committee last week on a 10-1 vote and will works its way through several other committees before a vote on the House floor. The senate is working on similar legislation.

Rep. Mary Hodge, D-Brighton, said the bill will help thirsty Front Range communities get new sources of water without taking land permanently out of production.

Under Colorado law, water is permanently tied to the land, so a sale of water requires the sale of land. With the proposed legislation, a farmer or group of farmers permanently rotate areas of land out of production. The decreased water usage would be purchased by municipalities and domestic water companies.

“It is my belief that the water the municipalities are going to need will come from agriculture,” Hodge said.

She said she introduced a different version of the bill last year but found the language too complicated. This year, she simplified the language and has more support in the Legislature.

“I have been pleased with the reception,” Hodge said.

But the bill does not have overwhelming support from the agriculture community. Rocky Mountain Farmers Union President John Stencel said his organization is worried about permanently losing farm land. The bill has used both “lease” and “buy” language in its different incarnation, Stencel said. He said he would support the leasing of water but wants farmers to have the right to take the water back.

“We like the concept of farmers being able to lease their water,” Stencel said, adding, “We just don’t like that word ‘sell’.”

He said there is a demand for agriculture water by municipalities but he does not want water permanently transferred to domestic use.

Stencel said he understands the municipalities’ viewpoint. They could run into problems if they lease water, sell water taps for new development and the water is taken away.

“That is something the towns would have to be worried about,” Stencel said.

Uncompahgre Water Users Association Manager Marc Catlin said he is opposed to bill. He does not support any law that takes agriculture water out of production.

“I would rather see the water stay on the ground and the growers use it,” Catlin said.

If passed, the law would not apply to Uncompahgre water users, where the water in the whole district is permanently tied to the land. Catlin said the district could decide as a group to change the charter but he is opposed to the idea. The ditches and canals in the valley need high stream flows and would not operate well if a portion was sold off, Catlin said.

“We need the water so the ditches can flow,” Catlin said.

Rep Ray Rose, R-Montrose, said he voted for the bill in committee and said it could help farmers gain another income source.

“I think it is a really good bill for agriculture if we can get all the details worked out,” Rose said.

He said there have been several issues raised by water attorneys and other water experts about the exact language in the bill.

“They are really picking things apart on all the little details,” Rose said.

He said legislatures and the water experts are tweaking the language in the bill, so farmers and municipalities can stay out of water court. He said State Engineer Hal Simpson supports the bill and the efforts to clean up the language.

“Without very specific details, it could be abused,” Rose said.

Trout Unlimited spokeswoman Michelle Kessen said her organization supports the bill. She said the bill would give municipalities another source of water and keep water in the rivers, which would help protect fish.

“We think it is an opportunity to share existing water rights that can take the pressures off the river,” Kessen said, adding, “It might take some of the marginal land out of production.”

She said the bill is a win-win situation from her perspective. Kessen said the bill could keep some farmers in business longer because they can gain extra revenue from the sale or lease of water.

But she is still waiting for all the details to be worked out.

“I think they are looking at a whole different array of things,” she said.

Stencel said his organization will continue to monitor the Legislature and make sure the language protects farmers’ interests.

Contact James Shea via email at Jamess@montrosepress.com

Comments

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