2017 #COleg: Colorado Corn backs SB17-036 (Appellate Process Concerning Groundwater Decisions)

Groundwater movement via the USGS
Groundwater movement via the USGS

From the Colorado Corn Growers Association (Eric Brown):

During a meeting this month, the Colorado Corn Growers Association’s Public Policy Committee voted to put its support Senate Bill 17-036, a measure titled, “Appellate Process Concerning Groundwater Decisions.”

Under current law, the decisions or actions of the ground water 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 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.

This bill would limit the evidence that a district court may consider when reviewing a decision or action of the commission or the state engineer on appeal to the evidence presented to the commission or the state engineer.

While this is the first bill on which the CCGA Public Policy Committee has taken a position, the committee is monitoring a number of others as the 2017 Colorado Legislative Session continues.

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