First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0117.01 Jennifer Berman      SENATE BILL 15-017
                   SENATE SPONSORSHIP
 Jones, Sonnenberg
 
                    HOUSE SPONSORSHIP
 Coram, Mitsch Bush, Vigil
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the appellate process governing a district
            court's review of final agency actions concerning
            groundwater.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Water Resources Review Committee. Decisions or actions of the
       ground water commission (commission) or the state engineer regarding
       groundwater are appealed to a district court. Under current statute, the
       evidence that a district court may consider on appeal when reviewing a
       decision or action of the commission or state engineer 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.
            The bill limits 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.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 37-90-115, amend
       (1) (b) (III) and (1) (b) (IV) as follows:
            37-90-115.  Judicial review of actions of the ground water
       commission or the state engineer. (1) (b) (III)  Proceedings upon appeal
       shall be de novo; except that evidence taken in any administrative
       proceeding appealed from may be considered as original evidence,
       subject to legal objection, as if said evidence were originally offered in
       such district court In reviewing the commission's or state engineer's
       decision or action pursuant to this section, a district court
       shall consider the record of the administrative proceeding
       appealed from, including the pleadings, applications, evidence,
       a full transcript of the proceedings, exhibits, and other papers
       presented to or considered by the commission or state engineer,
       rulings upon exceptions, and the decision, findings, and action of
       the commission or state engineer. A district court shall not
       consider evidence other than the evidence that was taken in the
       administrative proceeding appealed from and included in the
       record. A district court shall review the commission's or state
       engineer's decision or action de novo.
            (IV)  It is the duty of the commission or the state engineer, upon
       being served with a notice of appeal pursuant to this section, to transmit
       to the district court to which the appeal is taken the papers, maps, plats,
       field notes, orders, decisions, and other available data affecting the matter
       in controversy or certified copies thereof, which certified copies shall be
       admitted in evidence as of equal validity with the originals record, as
       described in subparagraph (III) of this paragraph (b). The person
       initiating judicial review under this section is responsible for all
       costs associated with transmitting the record, including the
       cost of transcribing the proceedings.
            SECTION 2.  Applicability. This act applies to appeals filed on
       or after the effective date of this act.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.