s_jud_2016a_2016-04-26t12:02:59z0 Hearing Summary

Date: 04/26/2016

12:02 PM



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Roberts announced that Senate Bill 16-146 would be laid over until later in the meeting.





12:04 PM -- HB16-1337



Senator Scott presented House Bill 16-1337, concerning the appellate process for governing a district court's review of final agency actions concerning groundwater.



12:05 PM -- Mr. Tim Buchanan, representing himself, testified in opposition to the bill. He distributed and explained an information packet to the committee (Attachment A). He described the effects of the bill. He responded to questions concerning how costs may be affected by the bill and existing procedures.



16SenateJud0426AttachA.pdf



Senator Scott distributed a packet of information (Attachment B).



16SenateJud0426AttachB.pdf





12:16 PM -- Mr. John Kaufman, representing Centennial Water and Sanitation District, testified in opposition to the bill. He discussed the benefits of existing law.



A person distributed the written testimony of Frank Jaeger (Attachment C).



16SenateJud0426AttachC.pdf





12:19 PM -- Mr. Wayne Forman, representing Woodman Hills, testified in opposition to the bill. He discussed a specific incident concerning appellate rights. He responded to a question concerning the value of water, and the composition of the Ground Water Commission (commission).



12:28 PM -- Mr. Sean Chambers, representing the Cherokee Metropolitan District, testified in opposition to the bill. He discussed concerns regarding process.



12:32 PM -- Mr. Drew Damiano, representing 70 Ranch, testified in opposition to the bill. Mr. Damiano discussed water priority rights, and notification. He responded to a question concerning specific factual events.



12:37 PM -- Mr. Alan Curtis, representing the Lost Creek Land and Cattle Company, testified in support of the bill. He discussed changes in process under the bill.



12:41 PM -- Mr. Tom Sauter, representing the Lost Creek Ground Water Management District, testified in support of the bill.



12:42 PM -- Mr. Marc Arnusch, representing himself, testified in support of the bill. Mr. Arnusch explained costs associated with litigation, and how the bill addressed his concerns regarding costs.



12:46 PM -- Mr. Brad Peterson, representing Lost Creek Land and Cattle, testified in support of the bill. He explained that the bill provides a fair process without parties incurring high costs. He responded to questions concerning commission decisions and appeals, and the costs associated with resolving disputes.



12:54 PM -- Ms. Carolyn Burr, representing the commission, testified in support of the bill. Ms. Burr described procedures used for disputes that come before the commission. She also discussed the bill's provisions.



12:57 PM -- Mr. Scott Tietmeyer, representing himself, testified in support of the bill. He described the process concerning water disputes, including the costs associated with resolving a dispute.



01:00 PM -- Mr. John Sauter, representing the Colorado Association of Wheat Growers, testified in support of the bill. Mr. Sauter stated that he believed the bill concerns economic issues. He also discussed legal techniques.



01:01 PM -- Mr. Terry Fankhauser, representing the Colorado Cattlemen's Association, testified in support of the bill. He stated the benefits of the bill.



01:04 PM -- Ms. Lisa Thompson, representing the Upper Black Squirrel Creek Ground Water Management District, testified in support of the bill. Ms. Thompson discussed water rights as agricultural rights, and provided background on local water management districts. She discussed a specific incident concerning a dispute over water.



01:09 PM -- Mr. Donald Booker, representing the Upper Black Squirrel Creek Ground Water Management District, testified in support of the bill. He discussed the Upper Black Squirrel Creek Ground Water Management District.



01:11 PM -- Mr. Dave Doran, representing himself, testified in support of the bill. He discussed the process of resolving water disputes, including litigation. He responded to a question concerning purchasing water rights.



01:18 PM -- Mr. Dan Farmer, representing himself, testified in support of the bill. He detailed a water dispute and its costs. Mr. Farmer responded to a question about his dispute.



01:24 PM -- Mr. Robert Longenbaugh, representing himself, testified in support of the bill. He discussed prior legislation concerning groundwater, and described the work of hearing officers.



01:28 PM -- Mr. Steve Kramer, representing the Republican River Water Conservation District, testified in support of the bill.



01:30 PM -- Mr. David Taussig, representing the Upper Big Sandy Ground Water Management District, testified in support of the bill. He responded to a question regarding appellate procedure.



01:36 PM -- Mr. Greg Larson, representing the Republican River Water Conservation District, testified in support of the bill. He discussed his work as a water commissioner.



01:38 PM -- Mr. Don Shawcroft, representing the Colorado Farm Bureau, testified in support of the bill.



01:40 PM -- Mr. Fred Midcap, representing the North Kiowa Bijou Water District, testified in support of the bill. He responded to a question about water dispute hearings.



01:46 PM -- Mr. Earnest Mikita, representing himself, testified in support of the bill. He discussed an incident concerning water rights.



01:51 PM -- Ms. Diana Orf, representing the Associated Governments of Northwest Colorado, testified in support of the bill. She responded to a question concerning appellate procedures.



01:55 PM -- Mr. Dennis Coryell, representing the Plains Ground Water Management District, testified in support of the bill by discussing his service on the commission.



01:59 PM -- Mr. Andy McClary, representing the North Kiowa Bijou Ground Water District, testified in support of the bill. He discussed water issues.



02:01 PM -- Mr. Robert Loose, representing himself, testified in support of the bill.



02:02 PM -- Mr. John Finegan, representing Equus Farms, testified in support of the bill. Mr. Finegan discussed disputes filed with the commission, and the effect of the bill.



02:05 PM -- Mr. Mike Browning, representing Equus Farms, testified in support of the bill. He discussed cases to which the bill would apply. He responded to a question concerning the issues addressed by the bill.





02:10 PM



Senator Scott provided closing remarks on the bill. The committee and Senator Scott discussed the bill.





02:14 PM



Committee members discussed their positions on the bill. There was no motion on HB 16-1337, and Senator Roberts announced the committee was concluding its work on the bill.