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Senate sponsor of S.B. 216, Senator Entz says, "[the CWCB is] in an advisory 1.30sition and the <br />individual has the same rights as the CWCB ...:' (Second Reading of S.B. 2116 in the Senate, <br />May 3, 2001, p. 2;1. Senator Entz made his comment within minutes of Senator Perlmutter's <br />comment and theri the Senate passed S.B. 216 on Second Reading. Clearly, the. Senators did not <br />have a meeting of the minds. Rod Kuharich, the CWCB Director, during the F[ouse Agriculture <br />Committee hearing stated that "[t]he recommendations have a rebuttable presumption [-] the <br />burden of proof is not a very sfringent burden of proof." House Agriculture. Livestock and <br />Natural Resource;3 Committee Report, pp. 1-2 (May 7, 2001). Clearly, it would be difficult to <br />determine the ent:ire Legislature's intent when members of the General Assernbly and the <br />Executive Directc?r of the CWCB seem to be saying different things. <br />Additionally, "the remarks of a single legislator, even the sponsor, are not controlling in <br />analyzing legislalive history." Chrvsler Corp. v. Brown, 99 S.Ct. 1707, 1722 (1979). For <br />example, it is inappropriate for the CWCB to rely on Representative Spradley's assertion that the <br />"minixnum flow" should be the amount of water necessary to float a kayak. LZterestingly, <br />Representative S.pradley admits in her testimony that her statement was writte:n by the Northern <br />Colorado Water Conservancy District, a known opponent to RICDs, and frorn her comments, it <br />appears she had iiot read the statement before reading it into the record. House Agriculture, <br />Livestock and Natural Resources Committee Report, pp. 1-2 (May 7, 2001). In the end, S.B. 216 <br />is not ambiguou:;, and therefore, there is no need to delve into legislative hist4ary, including <br />rema.rks of indiv:idual legislators, to support a particular view of the legislatio.n. <br />2. The water courtproperly applied the RICD statute to determir-ie tYie amount_of <br />water that satisfied RICD criteria. <br />14