H_AGR_2016A 03/28/2016 01:30:00 PM Committee Summary

01:31 PM -- HB 16-1337



Representative Coram, sponsor, presented House Bill 16-1337, concerning the appellate process governing a district court's review of final agency actions concerning groundwater. The bill limits the evidence that may be considered when appealing a decision by the Ground Water Commission (commission) or state engineer to a district court. The only evidence a district court may consider on appeal of a decision regarding groundwater is that which was presented to the commission or state engineer in an administrative proceeding. The district court will review that same evidence de novo. If the district court determines that evidence was wrongly excluded, it must remand the matter back to the commission or state engineer. Representative Coram distributed a list of supporters of the bill (Attachment A).



160328 AttachA.pdf





The following persons testified on the bill:



01:35 PM -- Tim Buchanan, Front Range Resources and East Cheyenne Ground Water Management District, spoke in opposition to the bill and distributed letters of opposition to the bill and a map of designated basins and water districts in the state (Attachment B). Mr. Buchanan discussed the appellate process for cases concerning groundwater and the groundwater case of the Gallegos family, which is referenced in Attachment B. He also responded to questions from the committee.



160328 AttachB.pdf



01:55 PM



Representative Coram distributed Amendment L.002 (Attachment C), and explained that it may alleviate some concerns of the opponents of the bill. The proposed amendment would allow the district court to consider evidence that was wrongly excluded from an administrative commission proceeding. Committee discussion continued with Mr. Buchanan.



160328 AttachC.pdf



02:08 PM -- Wayne Forman, Woodmen Hills Metropolitan District, spoke in opposition to the bill and responded to questions from the committee.



02:28 PM -- John Kaufman, Centennial Water and Sanitation District, spoke in opposition to the bill.



02:30 PM -- Sean Chambers, Cherokee Metropolitan District, spoke in opposition to the bill and responded to questions from the committee.



02:37 PM -- Kathy Otis, SWRO Resources, spoke in opposition to the bill.



02:39 PM -- Alan Curtis, Lost Creek Land and Cattle Company, spoke in support of the bill. Mr. Curtis discussed the appeals process for commission decisions and responded to questions from the committee. Mr. Curtis distributed letters in support of the bill from Andy Jones (Attachment D) and Donald Booker (Attachment E).



160328 AttachD.pdf160328 AttachE.pdf



03:14 PM -- Brad Peterson, Lost Creek Land and Cattle Company, spoke in support of the bill.



03:16 PM -- Carolyn Burr, Chairman, Colorado Ground Water Commission, spoke in support of the bill. Ms. Burr discussed the Ground Water Commission and the commission's responsibilities. Ms. Burr also explained the hearing process for the Ground Water Commission and the process of appealing decisions made by the commission. Ms. Burr responded to questions from the committee.



03:38 PM -- Tom Sauter, representing himself, spoke in support of the bill.











03:40 PM -- Don Shawcroft, Colorado Farm Bureau, spoke in support of the bill.



03:43 PM -- Scott Tietmeyer, Tietmeyer Farms Inc., spoke in support of the bill.



03:47 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources, spoke in support of the bill and responded to questions from the committee.



03:54 PM -- Dan Farmer, representing himself, spoke in support of the bill.



03:59 PM -- Andrew McClary, representing himself, spoke in support of the bill.



04:01 PM -- David Taussig, Director Upper Big Sandy Ground Water Management District and Rickery District, spoke in support of the bill.



04:04 PM -- John Finegan, Equus Farms, spoke in support of the bill.



04:06 PM -- Mike Broening, Equus Farms, spoke in support of the bill and responded to questions from the committee.



04:15 PM -- Robert Loose, representing himself, spoke in support of the bill.



04:19 PM



Representative Coram discussed L.002, and answered questions from the committee.

04:20 PM



Representative Dore distributed and explained L.001 (Attachment F).



160328 AttachF.pdf

04:21 PM



Representative Saine distributed Amendment L.003 (Attachment G) and explained it to the committee. Representative Saine withdrew the amendment after committee discussion.



160328 AttachG.pdf





04:24 PM



Representative Coram made concluding comments on the bill.

04:34 PM



The committee adjourned.