Another year has come to and end at the Colorado Legislature, as the 65th General Assembly adjourned two days early this year on May 8, 2006! We have enjoyed representing the Colorado Horse Council again in 2006, and we look forward to a busy interim session as it is an election year and much is at stake with a new Governor being elected this year and a number of new legislators seeking election. We could see a shift in the balance of power at the statehouse as we currently have a narrow margin of control in a Democratic controlled House of Representatives and Senate.

A number of bills passed and died this year that were of interest to the Colorado Horse Council, and we monitored about 40 specific pieces of legislation. Below is a summary of some of the priority issues we watched and interacted with on behalf of the Horse Council.

Senate Bill 037 - Recreational In-Channel Diversions
Sen. Jim Isgar (D-Hesperus) and Rep. Kathleen Curry (D-Gunnison)

SB 037, known as the Recreational In-Channel Diversion (RICD) bill, passed at the end of the session after a long session of negotiation and compromise from interest groups on both sides of the issue. The bill seeks to put some parameters around recreational water rights as it defines a "reasonable recreational experience" as non-motorized boating. It also clarifies the times of year an RICD can operate and the amount of water that can be used in an RICD.

This subject has been one of constant interest to those involved in the agricultural industry due to the concern over more water in streams being diverted for other uses. SB 037 strikes a balance between the importance of recreation and the necessity to protect upstream water users to make sure water that has been decreed for agricultural uses is available in the appropriated amounts without users being injured by downstream uses. The Colorado Horse Council supported Senate Bill 037.

Senate Bill 226 - Housed Commercial Swine Operation Enforcement
Sen. Dan Grossman (D-Denver) and Rep. Kathleen Curry (D-Gunnison)

SB 226 died in the last weeks of the session. The bill was introduced late in the session in response to another senate bill dealing with modifications to odor controls at Housed Commercial Swine Feeding Operations (HCSFO). Amendment 14 was passed by the voters in 1998 that said that the Colorado Department of Public Health and Environment (CDPHE) should adopt rules for HCSFOs to follow to address odors from hog farms. SB 114 was introduced this session, not to change the Amendment 14 provisions, but to allow for different and evolving technologies that control odor to be used as they are developed and tested.

The opposition to SB 114 said the bill sought to change the "will of the people" who passed Amendment 14 by a 2-1 margin, and the one thing that seemed clear was that the CDPHE would be well-served with increases in staff to respond to complaints. SB 226 was introduced to create a funding source for these new personnel needs which was to be done by a fee to be paid by HCSFOs based on the "working capacity" of their operations, which is defined as the "the number of swine the facility is capable of handling and any one time," not its current capacity. The fee in the introduced bill was $0.20 per head. The bill also allowed for unannounced visits to HCSFOs, public review of operations records, and creation of a list of those who had violated the law.

SB 226, while it did not have any direct impact on the horse industry, would have opened the door to the discussion of all confined and non-confined animal operations and the levels of odor and other "public nuisances" they cause. Today it might be hog farms, but next year it could very well be horse properties, and because of that reason, the Colorado Horse Council opposed SB 226.

HB 1309 - Protect Air Quality Health Environment
Rep. McGihon (D-Denver) and Sen. Dan Grossman (D-Denver)

Similar to SB 226, HB 1309 was a bill that would allow the state to adopt stricter standards for Air Quality statewide than the standards set by the Environmental Protection Agency (EPA). A great deal of discussion was had between the environmental lobby and the agricultural lobby about this bill as the proponents from the environmental side wanted to make an "ag exemption" in the bill after there was much discussion about air quality around tractors, grain elevators and confined animal operations. Even with an exemption, however, the agricultural community had discomfort over the bill as next year the exemption could easily be stricken.

HB 1309 passed both houses but was vetoed by the Governor on April 24th. The Colorado Horse Council also opposed HB 1309 for similar reasons of opening the door to future restrictions on agricultural operations.

HB 1210 - Colorado Recreational Trails Committee
Rep. Rob Witwer (R-Evergreen) and Sen. Lois Tochtrop (D-Thornton)

HB 1210 was a bill that was monitored by the Colorado Horse Council this year. The bill was signed into law by the Governor, and it adds a member to the Colorado Recreational Trails Committee. This bill is a great example of the Horse Council's proactive attitude in reaching out to the sponsors of the bill to know the importance of members of the horse community and parks and trails groups working together to keep multiple-use on trails across the state of Colorado.

Eminent Domain

The subjects of "Eminent Domain" and "Urban Renewal" were a large focus of the 2006 Colorado Legislature after last year's United States Supreme Court decision in the state of Connecticut. Colorado has a history of eminent domain and urban renewal uses, and while we are definitely not Connecticut, it is a subject of concern to persons involved in agriculture across the state.

A number of bills were introduced and died during the session, but one significant piece of legislation passed in HB 1411 by Rep. Al White (R-Winter Park) and Sen. Lois Tochtrop (D-Thornton). The bill raises the evidentiary bar for municipalities proposing to condemn private property and prohibits condemnation for economic development or revenue enhancement purposes. This bill was part of a deal to prevent a similar proposal from being placed on the November ballot to address eminent domain, and because of its passage and likely signature by the governor, we expect the ballot initiative will be withdrawn.

The Horse Council was active in watching these issues this year as like most of the rest of the agriculture community, we feel that private property rights are one of the cornerstones of operating successfully and profitably.

Dangerous Dogs

Due to the increasing number of dog attacks in Colorado, a number of bills were introduced this session to increase penalties for pet owners and seek to address and strengthen criminal and civil laws with respect to dangerous dogs.

The Horse Council, along with the other major agricultural groups statewide, has closely monitored these issues over the past few years. This topic always seems to involve a great deal of emotion, and inevitably, the subject of animal cruelty is usually discussed. There are current protections in the law for dogs that are used in work settings on farms and ranches. For example, in the dangerous dog statutes, there are exemptions for guard dogs, herding dogs, and predator control dogs since these dogs are trained to be aggressive in doing their "jobs."

We worked hard this year to remind legislators that these exemptions are in the law for good reason and educated them on the importance of these animals in protecting livestock across the state. Thanks to the help of many of our rural legislators who have experience in this area, we were able to prevent major changes to the current laws as they might affect agricultural operations.

Dan Williams and Laura Behrends lobby for the Colorado Horse Council.