h_jud_2017a_2017-03-07t11:47:10z2 Hearing Summary

Date: 03/07/2017

Location: HCR 0112

02:11 PM -- SB17-036



Representatives Arndt and Becker J., prime sponsors, presented Senate Bill 17-036, concerning the appellate process governing a district court's review of final agency actions concerning groundwater. Both sponsors provided brief opening remarks about the bill. Representative Becker responded to questions regarding the nexus between the bill and local control issues, and the water law process in general. The following persons testified regarding SB 17-036:



02:20 PM -- Mr. Butch Gabrielski, representing the Meridian Service Metropolitan District, testified in opposition to the bill. Committee members received a map of the district area (Attachment D). Mr. Gabrielski explained that his district is opposed to the bill as a matter of fairness, and explained the nature of the opposition. Mr. Gabrielski responded to questions regarding the fairness of the current groundwater decision process, and changes in the circumstances surround a groundwater case that might take place while the case is under litigation.



17HouseJudiciary0307AttachD.pdf



02:30 PM



Mr. Gabrielski responded to questions regarding the groundwater appeals process under current law.



02:33 PM -- Mr. Andy Jones, representing the Lost Creek Grandwater District, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment E). Mr. Jones provided background on the Groundwater Management Act and the groundwater appeals process. Mr. Jones responded to questions regarding the jurisdiction of the district courts that hear groundwater appeals under current law. He returned to explaining the appeals process before the district court, and rebutted arguments against the bill. Mr. Jones responded to questions regarding the applicability of certain court rules to the current groundwater appeals process, and rules applicable under SB 17-036 as compared to current law.



17HouseJudiciary0307AttachE.pdf



02:50 PM



Mr. Jones continued to respond to questions regarding the type of evidence that a district court may consider on a groundwater appeal under SB 17-036. Mr. Jones responded to questions regarding potential bias on the Groundwater Commission that may impact its appellate decisions, and outlined some reasons why the bill is coming forward. Discussion ensued regarding the ability of parties to have information that was not presented at the original hearing heard in an appeal for groundwater cases under the bill.





03:07 PM



Discussion continued regarding allowing new evidence in groundwater appeals under SB 17-036. Mr. Jones responded to questions regarding the personnel who hear groundwater appeals under current law, and the potential for eliminating the current groundwater appeals process in favor of a system mirroring other court procedures.



03:23 PM -- Mr. Bill Paddock, representing the Meridian Service Metropolitan District, testified in opposition to the bill. Mr. Paddock rebutted claims made during earlier testimony, and provided background on the historic handling of appeals for groundwater. Mr. Paddock responded to questions regarding the types of appeals cases that led to the introduction of SB 17-036, and trends in groundwater appeals going to district court. Mr. Paddock responded to questions regarding his position on a potential amendment to the bill, and certain litigation practices that have taken place in the groundwater appeals setting.





03:35 PM



Mr. Paddock offered his solutions to addressing certain groundwater litigation practices that led to the introduction of SB 17-036, and responded to questions regarding hearing officers who preside over groundwater appeals. Discussion ensued regarding the rationale behind SB 17-036.



03:43 PM -- Mr. Scott Tietmeyer, representing the Tietmeyer family, testified in support of the bill. Mr. Tietmeyer related the experience of the family in court on a groundwater appeal.



03:48 PM -- Mr. Wayne Foreman, representing Woodmen Hills Metropolitan District, testified in opposition to the bill. Mr. Foreman spoke in support of local control. Mr. Foreman responded to questions regarding the opposing forces on either side of SB 17-036, and his perception of potential bias in the groundwater appeals process. Mr. Foreman addressed earlier testimony about litigation processes that helped to initiate the legislation, and potential litigation costs associated with the bill. He addressed claims made during earlier testimony. Mr. Foreman responded to questions regarding trends in groundwater decisions, and caseload trends for district courts. Committee members received the testimony of Paul Anderson (Attachment F).



17HouseJudiciary0307AttachF.pdf



04:00 PM -- Mr. Dan Farmer, representing the Farmer Family Farms, testified in support of SB 17-036. Mr. Farmer explained that his farm is constantly defending its water rights, and discussed the litigation costs his farm accrues. He addressed claims made during earlier testimony. Mr. Farmer responded to questions regarding potential remedies to the current groundwater appeals process.



04:11 PM -- Mr. John Kaufman, representing the Centennial Water and Sanitation District, testified in opposition to the bill. Mr. Kaufman spoke in favor of preserving de novo hearings on appeals. Mr. Kaufman responded to questions regarding his district's involvement in the proceedings affected by the bill, and potential groundwater storage projects.



04:18 PM -- Mr. Robert Longenbaugh, representing himself, testified in support of the bill. He spoke on his experience in groundwater litigation and his involvement with prior groundwater-related legislation. He stressed the importance of groundwater and groundwater data collection. Mr. Longenbaugh responded to questions regarding the potential for new groundwater modeling techniques to create additional information for use in a groundwater appeal.



04:25 PM -- Ms. Pat Ratliff, representing the South Metro Water Supply Authority, testified in opposition to the bill. Ms. Ratliff discussed an agreement among several water districts to store groundwater, and requested an even playing field in terms of groundwater acquisition. Ms. Ratliff responded to questions regarding the litigation of the Wise water project, and water storage needs. Ms. Ratliff responded to questions regarding the potential impact of the project on Western Slope water supply.



04:33 PM -- Mr. Bill Warren, representing the Lost Creek Water Management District, testified in support of the bill. Mr. Warren explained why the procedure for groundwater administration needs to be corrected.



04:35 PM -- Mr. Robert Loose, representing the North Kiowa-Bijou Groundwater Management District, testified in support of SB 17-036. Mr. Loose discussed the system of water rights constructed in Colorado, and asked that certain entities do what is right. He explained the nature of this request.



04:41 PM -- Mr. Tom Sauter, representing the Lost Creek Groundwater Management District, testified in support of the bill. He provided a history of the litigation issues associated with his district.



04:45 PM -- Mr. Andrew Damiano, representing Legacy Water, testified in opposition to the bill. Committee members received an abstract of a study of groundwater flows among certain areas (Attachment G). Mr. Damiano asked for a more robust discussion of the issues affected by the bill, and discussed a situation affecting certain water basins.



17HouseJudiciary0307AttachG.pdf



04:48 PM -- Mr. Marc Arnusch, representing himself, testified in support of SB 17-036. He discussed the constant need to defend water rights, and the costs associated with doing so.



04:51 PM -- Ms. Sheela Stack, representing Legacy Water, testified in opposition to the bill. Ms. Stack discussed the costs of groundwater appeals litigation, and explained that local control does not outweigh fairness and due process. She explained the notification process for groundwater litigation, and discussed the impact of excluding new information on appeal under the bill.



04:56 PM -- Ms. Bethleen McCall, representing the Colorado Agricultural Preservation Association, testified in support of the bill.



04:58 PM -- Mr. Kevin Rein, representing the Division of Water Resources within the Department of Natural Resources, testified in support of SB 17-036. Mr. Rein explained the nature of the division's support, and provided clarification regarding claims made during earlier testimony, including the nature of the service of hearing officers for groundwater appeals. Mr. Rein responded to questions regarding the movement of water within the groundwater system, and the potential for groundwater adjudication to spread.





05:12 PM



Mr. Rein responded to questions regarding the mechanism for determining groundwater boundaries, and trends in groundwater appeals decisions. Discussion ensued regarding the serial defense of water rights discussed during earlier testimony.



05:21 PM -- Mr. Kent Holsinger, representing the Colorado Farm Bureau, testified in support of the bill. Mr. Holsinger discussed the nature of designated basins, and explained how the bill will create efficiencies in groundwater adjudication. He addressed statements made during earlier testimony.





05:25 PM



The chair laid over SB 17-036. The committee recessed.