s_agr_2017a_2017-02-09t13:32:40z5 Hearing Summary

Date: 02/09/2017

Location: SCR 357

04:16 PM -- SB17-036



Senator Scott, Prime Sponsor, described the provisions of Senate Bill 17-036 concerning the appellate process for groundwater decisions. This 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 the same evidence de novo (anew). If the district court determines that evidence was wrongly excluded from the administrative hearing, the district court may take and consider the wrongly excluded evidence.



The following persons testified on the bill:



04:18 PM -- Kathy Otis, Paint Brush Hills Metropolitan District, Meridian Metropolitan District, Woodman Metropolitan District, Southwest Resources, spoke in opposition to the bill and proposed an amendment to the bill (Attachment H) concerning evidence that may be submitted in the appellate process. She also distributed a map of designated basins and groundwater management districts (Attachment I).



170209 AttachH.pdf170209 AttachI.pdf



04:24 PM -- Michael Valdez, Special District Association of Colorado, spoke in opposition to the bill and spoke in support of the amendment proposed by Ms. Otis.



04:27 PM -- Bethleen McCall, Colorado Agriculture Preservation Association, spoke in support of the bill.



04:28 PM -- Scott Meiklejohn, Republican River Water Conservation District, spoke in support of the bill.



04:29 PM -- Kevin Rein, Deputy State Engineer, Division of Water Resources, explained that he oversees Ground Water Commission staff and spoke in support of the bill. He also spoke in opposition to the amendment proposed by Ms. Otis.



04:34 PM -- Andy Jones, Lost Creek Groundwater Management District, spoke in support of the bill.



04:37 PM -- Scott Tietmeyor, Tietmey Farms, Inc., spoke in support of the bill and explained that he is a member of the Colorado Ground Water Commission. He also discussed litigation over wells that supply water to his farm.



04:41 PM -- Garin Vorthman, Colorado Farm Bureau, spoke in support of the bill.



04:42 PM -- Tom Sauter, representing himself, spoke in support of the bill.



04:43 PM -- Robert Loose, North Kiowa Groundwater Management District, spoke in support of the bill.



04:45 PM -- Dan Farmer, Farmer Farm, spoke in support of the bill and explained that he is a member of the Colorado Ground Water Commission.



04:48 PM -- Lisa Thompson, Upper Black Squirrel Creek Groundwater Management District, spoke in support of the bill and discussed litigation involving her district and the Meridian Metropolitan District.



04:50 PM



The chair closed testimony on the bill, and Senator Scott closed his remarks.