HOUSE 3rd Reading Unamended April 1, 2016 HOUSE Amended 2nd Reading March 31, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-1035.01 Jennifer Berman x3286HOUSE BILL 16-1337 HOUSE SPONSORSHIP Vigil and Coram, SENATE SPONSORSHIP Scott, House Committees Senate Committees Agriculture, Livestock, & Natural Resources 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.) Under current law, the decisions or actions of the ground water commission (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. 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) 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 any appeal of the commission's or the state engineer's decision or action pursuant to this subsection (1) or from an administrative hearing held pursuant to section 37-90-113 or 37-90-114, a district court shall review the commission's or the state engineer's decision or action de novo, considering only evidence that was taken in the administrative proceeding appealed from and included in the record. If the district court determines that evidence was wrongly excluded in the administrative proceeding, the court may take and consider that wrongly excluded evidence. SECTION 2. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to appeals filed on or after the applicable effective date of this act.