February 11, 2003

Mr. Speaker:

Your AGRICULTURE AND WATER RESOURCES COMMITTEE, to whom has been referred

HOUSE BILL 95

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 12, after "BASIN" insert "; DECLARING AN EMERGENCY".

2. On page 1, line 15, before "Five" insert the subsection designation "A."

3. On page 1, line 18, after "fiscal" strike the remainder of the line, strike lines 19 and 20 in their entirety, strike line 21 through the period and insert in lieu thereof:

"years 2003 through 2005 for a non-native phreatophyte eradication and control program on the Pecos river and the Rio Grande, the expenditures to be divided equally between the two river basins.

B. The appropriation provided in this section is contingent on soil and water conservation districts:

(1) developing management and native vegetation restoration plans;

(2) conducting hearings within the local conservation districts to receive public input on the plans;

(3) carrying out aerial spraying only by helicopter or ground application with prior public notice;

(4) monitoring and evaluating the effects of control on wildlife, water quality, vegetation and soil health; and

(5) if control affects threatened or endangered species, complying with applicable federal law and conforming to any duly enacted recovery plan.".

4. On page 1, line 21, before "Any" insert the subsection designation "C.".

5. On page one, between lines 23 and 24, insert the following new section to read:

"Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.",

and thence referred to the APPROPRIATIONS AND FINANCE COMMITTEE.

Respectfully submitted,

Joe M Stell, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 9 For 0 Against

Yes: 9

Excused: None

Absent: None

.144313.1

Z:\Amend_03\HB0095AG1