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SB17-036

Appellate Process Concerning Groundwater Decisions

Type Bill
Session 2017 Regular Session
Subjects
Courts & Judicial Water

concerning groundwater.

Bill Summary:

Under current law, the decisions or actions of the ground water commission (commission) or the state engineer regarding groundwater are appealed to a district court, and the evidence that the district court may consider is not limited to the evidence that was presented to the commission or state engineer. Therefore, unlike appeals from other state agencies' decisions or actions under the 'State Administrative Procedure Act', a party appealing a decision or action of the commission or state engineer may present new evidence on appeal that was never considered by the commission or state engineer.

The bill limits the evidence that a district court may consider, when reviewing a decision or action of the commission or state engineer on appeal, to the evidence presented to the commission or state engineer.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Became Law

Introduced

Passed

Became Law

Related Documents & Information

Date Version Documents
04/18/2017 Signed Act PDF
04/06/2017 Final Act PDF
03/27/2017 Rerevised PDF
03/24/2017 Revised PDF
02/14/2017 Reengrossed PDF
02/13/2017 Engrossed PDF
01/11/2017 Introduced PDF
Date Version Documents
03/22/2017 PA1 PDF
Date Version Documents
06/05/2017 FN2 PDF
02/08/2017 FN1 PDF
Activity Vote Documents
The motion Vote summary
Adopt amendment L.015 (Attachment D). The motion passed without objection. Vote summary
Adopt amendment L.011 (Attachment E). The motion passed without objection. Vote summary
Refer Senate Bill 17-036, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4. Vote summary
Activity Vote Documents
Activity Vote Documents
Refer Senate Bill 17-036 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0. Vote summary
Date Calendar Motion Vote Vote Document
03/30/2017 House Amendments REPASS
35
AYE
0
NO
0
OTHER
Vote record
03/30/2017 House Amendments CONCUR
35
AYE
0
NO
0
OTHER
Vote record
03/29/2017 House Amendments NOT CONCUR APPT CC
34
AYE
0
NO
1
OTHER
Vote record
03/29/2017 House Amendments CONCUR
10
AYE
24
NO
1
OTHER
Vote record
02/14/2017 Third Reading BILL
34
AYE
0
NO
1
OTHER
Vote record
Date Calendar Motion Vote Vote Document
03/27/2017 Third Reading BILL
46
AYE
17
NO
2
OTHER
Vote record
Date Location Action
04/18/2017 Governor Governor Signed
04/13/2017 Governor Sent to the Governor
04/06/2017 House Signed by the Speaker of the House
04/05/2017 Senate Signed by the President of the Senate
03/30/2017 Senate Senate Considered House Amendments - Result was to Concur - Repass
03/30/2017 Senate Senate Considered House Amendments - Result was to Reconsider
03/29/2017 Senate Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee
03/28/2017 Senate Senate Considered House Amendments - Result was to Laid Over Daily
03/27/2017 House House Third Reading Passed - No Amendments
03/24/2017 House House Second Reading Passed with Amendments - Committee
03/21/2017 House House Committee on Judiciary Refer Amended to House Committee of the Whole
03/07/2017 House House Committee on Judiciary Witness Testimony and/or Committee Discussion Only
02/21/2017 House Introduced In House - Assigned to Judiciary
02/14/2017 Senate Senate Third Reading Passed - No Amendments
02/13/2017 Senate Senate Second Reading Special Order - Passed - No Amendments
02/09/2017 Senate Senate Committee on Agriculture, Natural Resources, & Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
01/11/2017 Senate Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
Effective Date Chapter # Title Documents
08/09/2017 140 Appellate Process Concerning Groundwater Decisions PDF