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causing injury to their water rights; therefore, these Commissioners' interest "is a general public <br />interest that is the same as every other well owner in the NHP Basin," <br />71. Defendants Further argue that these Commissioners were appointed by statute to represent <br />well owners in the NHP Basin and that their interests in the Basin that Plaintiffs allege create a <br />conflict or bias in this matter were necessary in order for their appointment as a Commissioner, <br />72. Defendants' argument that these Commissioners were appointed to represent well owners <br />in the NHP Basin is not correct. There is always the general requirement that there must be a <br />neutral detached decision maker and government agencies are obligated to be fundamentally fair <br />to a party in the resolution of a legal dispute involving govermaeat aeon, Sege Sohacka V. <br />Colorado Air Quality Comfn'n, 12 P.3d 274, 279 (Colo. App. 1999); deKoevend of Bd .nfEduc., <br />688 P.2d 291,227 (Colo. 1984), <br />73. The questions, here, are whether these Commissioners' status presents an appearance of <br />imptopriety and, if so, , whether they must recuse from further participation in this proceeding <br />because of an appearance of impropriety. <br />74. The Commission's organization is governed by C.R.S. § 37 -90 -104. The Commission <br />consists of 12 members, trine of whom are appointed by the governor of Colorado and three <br />others who consist of the executive director of the Department of Natural Resources, the director <br />of the Colorado Water Conservation Board and the state engineer of the Division of Water <br />Resources. The state engineer and the director of the Coloxado Water Conservation. Board are <br />nonvoting members of the Commission. See C.R.S. § 37- 90-104 (4). <br />75. The Commission must include six members who are resident agriculturists of designated <br />groundwater basins with no more than two resident agriculturists from the same groundwater <br />basin to be members of the Commission at the sarae time. See C.R.S. § 37 -90 -104 (3)(b). <br />76. C.R.S. 37 -90 -103 (14) defines "resident agriculturists" as a bona fade farmer or rancher <br />residing in the designated groundwater basin whose major source of income is derived from the <br />production and sale of agricultural products, Apparently, Commissioners Bledsoe and Coryell <br />are resident agriculturists. <br />77. The powers of the Commission are set forth in C.R.S.§ 37 -90 -106 through §37 -90 -111 <br />and §37 -90 -119 through §37 -90 -124, The Commission has adopted rules and policies to assist in <br />the administration of designated groundwater. See 2 CCR. 410 -1. <br />78. The Commission has delegated maay functions to the state engineer. The functions the <br />Commission has not delegated to the state engineer am the determination of designated <br />groundwater basins, the creation of groundwater management districts, the creation and adoption <br />of rules and policies and the review of variance requests to such rules and policies. <br />79. The Commission has the authority to conduct adjudicatory hearings and these decisions <br />are subject to judicial review. See C.R.S. § 37 -90 -113 through §37 -90 -115. These hearings are <br />11071 17 <br />