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• Senator Reeves: I feel more comfortable if what the conservation board is doing is operating in an <br /> advisory capacity. I didn't know that this language met advisory capacity, but as long as it is advisory, then <br /> I am o.k. <br /> Chair: Senator Taylor, then Senator Pascoe. <br /> Senator Taylor: Thank you Mr. Chairman. Senator Reeves the, I think that is one of the major <br /> purposes of this amendment. Because I had a problem with the bill as originally written because it <br /> transferred the responsibility of these types of decisions from the courts to the CWCB. This amendment <br /> 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 <br /> these decisions and but it leaves the CWCB in this advisory capacity. So that's really, to me the major <br /> purpose of 017. Like I said, I had a problem with the bill until this amendment surfaced and puts it back <br /> the way it was for over a hundred years. <br /> Chair: Senator Entz. <br /> Senator Entz: Thank you Mr. Chairman. And what it does Senator Reeves is the fact that it does <br /> shed some guidelines, you know we set the guidelines too for the court to follow and also the CWCB. <br /> Chair Let's go with Senator Perlmutter and get Senator Pascoe first. And Senator Entz I am just, <br /> o.k. go ahead Senator Perlmutter. <br /> Senator Perlmutter: Thanks Mr. Chair. Just speaking to you solely as someone who tries lawsuits, <br /> a rebuttable presumption is stronger than an advisory suggestion or whatever by the CWCB. So basically <br /> what happens, whatever the CWCB says is taken by the courts as true and accurate and appropriate, <br /> somebody then comes in has the burden, the burden then is on anybody else to try to overturn what the <br /> . CWCB has said. Ordinarily in a case, somebody who is, has a complaint comes in and that person is the <br /> one who has the burden. So you made it harder, so it is not advisory, you made it harder for the objectors ' <br /> to complain about the CWCB suggestions or decisions. Now, I want to compliment you on that. But, I just <br /> want everyone to understand that this is not an advisory kind of report given by the CWCB, but it is, it has <br /> a lot of evidentiary weight that the court will take as true and accurate unless even greater evidence comes <br /> by the other folks. So it's a, it is a much better approach, but I am not sure you have gotten me all the way <br /> there yet, but it is a much better approach than you had initially. <br /> Chair: Senator Entz, did you want to respond? <br /> Senator Entz: Well thank you Mr. Chairman. I am no attorney either, Tam just an old farmer out <br /> there on a ditch you know. And what we are trying to do is to put some kind of guidelines for the court and <br /> you and I are going to make that decision, us legislators are going to make that decision for both the courts <br /> and the CWCB to follow, so we're making that decision for them and helping them. <br /> Chair: All right, is there further discussion of the Entz floor amendment? Seeing none we'll take <br /> a vote on that. All those in favor of the Entz floor amendment, please indicate that by saying Aye. "Aye ". <br /> All those opposed say "no ". The Entz floor amendment is adopted. Uh, Senator Entz. <br /> Senator Entz: I think we are going to 021? <br /> Chair: Senator Entz I have 019 by Senator Fitzgerald is up to next, if she still wants to offer that? <br /> Will the clerk please read 019. <br /> Clerk: 019 by Senator Fitzgerald, amendment proposed <br /> Chair: Senator Fitzgerald. <br /> • Senator Fitzgerald: I would offer to withdraw the Fitzgerald amendment 019, which looks <br /> amazingly like in context of 021. <br /> 3 <br />