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HB 06 -1099 CONCERNING A LIMITATION ON THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC ENTITIES. Sponsors: Gardner, Brophy • Summary: One of many bills in the aftermath of the US Supreme Court "Kelo" decision. Of concern in this bill is the inability to transfer condemned lands to future commercial purposes once public purpose is no longer needed (e.g., lands needed for construction but not post - project completion). Status: . Postponed Indefinitely 0311412006 CRWCD Position: Oppose, unless amended CWC Position: Oppose HB 06 -1124 CONCERNING THE ADJUDICATION OF A ROTATIONAL CROP MANAGEMENT CONTRACT. Sponsors: Hodge, Owen Summary: Provides for water court approval for rotational fallowing agreements in order to transfer a portion of an irrigator's water rights to another use (e.g., municipal use). Analysis: At its simplest, HB 1124 only clarifies that "fallowing" agreements are legal. Such agreements provide an alternative to both permanent ag dry -up and to new or expanded transmountain diversions. • Status: Passed House. To Senate Agriculture Committee. CRWCD Position: Support CWC Position: Support QQ Position: Support HB 06 -1148 CONCERNING A PROHIBITION AGAINST THE SHIFTING OF FINANCIAL RESPONSIBILITY FOR NEGLIGENCE IN CONSTRUCTION AGREEMENTS. Sponsors: Vigil, Tapia Summary: Prohibits assigning liability to another party in construction agreements. Analysis: - Liability: It would void language in our existing contracts (and, I believe our Elkhead construction contract) that makes the contractor liable for the negligent actions of its subcontractors. That puts the burden on the River District to make sure that all subs have adequate insurance — something we simply cannot do. Status: Passed House and Senate State, Veterans and Military Committee. To Floor. CRWCD Position: Monitor CWC Position: Monitor 0