Trial Brief Case No. 02CW38 - Laserfiche WebLink

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Senator Reeves: I feel more comfortable if what the conservation board is doing is operating in an advisory capacity. I didn't laiow that this language met advisory capacity, but as long as it is advisory, then I am o.k. Chair: Senator Taylor, then Senator Pascoe. Senator Taylor: Thank you Mr. Chairman. Senator Reeves the, I think that is one of the major purposes of this amendment. Because I had a problem with the bill as originally written because it transferred the responsibility of these types of decisions from the courts to the CWCB. This amendment puts it back the way it was, which it is, it has been for a long time, where the courts are the ones that make these decisions and but it leaves the CWCB in this advisory capacity. So that's really, to me the major purpose of 017. Like I said, I had a problem with the bill until this amendment surfaced and puts it back the way it was for over a hundred yeazs. Chair: Senator Entz. Senator Entz: Thank you Mr. Chauman. And what it does Senator Reeves is the fact that it does shed some guidelines, you know we set the guidelines too for the court to follow and also the CWCB. Chair: LeYs go with Senator Perlmutter and get Senator Pascoe fust. And Senator Entz I am just, o.k. go ahead Senator Perlmutter. Senator Perlmutter: Thanks Mr. Chair. Just speaking to you solely as someone who tries lawsuits, a rebuttable presumprion is stronger than an advisory suggestion or whatever by the CWCB. So basically what happens, whatever the CWCB says is taken by the courts as true and accurate and appropriate, somebody then comes in has the burden, the burden then is on anybody else to try to overturn what the CWCB has said. Ordinarily in a case, somebody who is, has a complaint comes in and that person is the one who has the burden. So you made it harder, so it is not advisory, you made it harder for the objectors to complain about the CWCB suggestions or decisions. Now, I want to compliment you on that. But, I just want everyone to understand that this is not an advisory kind of report given by the CWCB, but it is, it has a lot of evidentiary weight that the court will take as true and accurate unless even greater evidence comes by the other follcs. So it's a, it is a much better approach, but I am not sure you have gotten me all the way there yet, but it is a much better approach than you had initially. Chair: Senator Entz, did you want to respond? Senator Entz: Well thank you Mr. Chairman. I am no attomey either, I am just an old fanmer out there on a ditch you know. And what we aze irying to do is to put some kind of guidelines for the court and you and I are going to make that decision, us legislators are going to make that decision for both the courts and the CWCB to follow, so we're making that decision for them and helping them. Chair: All right, is there further discussion of the Entz floor amendment? Seeing none we'll take a vote on that. All those in favor of the Entz floor amendment, please indicate that by saying Aye. "Aye". All those opposed say "no". The Entz floor amendment is adopted. Uh, Senator Entz. Senator Entz: I think we are going to 021? Chair: Senator Entz I have 019 by Senator Fitzgerald is up to next, if she still wants to offer that? Will the clerk please read 019. Clerk: 019 by Senator Fitzgerald, amendnnent propo.sed Chair: Senator Fitzgerald. I Senator Fitzgerald: I would offer to withdraw the Fitzgerald amendment 019, which looks amazingly like in context of 021.