Laserfiche WebLink
Explanation of SB 01 -216 Compromise <br /> 1. Accept Sen. Pascoe's amendment (s): <br /> • Local governments submit a copy of their water rights application <br /> to CWCB after, rather than before, the application is submitted to <br /> water court. <br /> • The CWCB makes findings and recommendations to a water court <br /> about whether there is access for recreational use. <br /> • Board's examination of "other factors" limited to factors <br /> concerning recreational use. <br /> 2. (Entz amendment to Pascoe) Replace the provisions in the bill that <br /> bind a water court judge to reviewing the CWCB findings and <br /> recommendations concerning a recreational water right application <br /> with provisions that require a judge to presume that the CWCB's <br /> findings and recommendations regarding a recreational water <br /> rights are correct. This standard of judicial review is the same <br /> standard that applies to "declarations of fact" filed by the State and <br /> Division Water Engineers in water court (see 37 -92 -305 C.R.S.) <br /> 3. The bill now eliminates the CWCB's quasi-judicial role in an <br /> administrative proceeding and allows applicants to go directly to <br /> water court. <br />