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SPONSOR |
Cervantes |
DATE TYPED |
|
HB |
573 |
||
SHORT
TITLE |
State Engineer Water Rights Hearing Changes |
SB |
|
||||
|
ANALYST |
Maloy |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY04 |
FY05 |
FY04 |
FY05 |
||
|
|
|
See Narrative |
Recurring
|
General
Fund |
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
No
Responses Received From
Office
of the State Engineer
Office
of the Attorney General
SUMMARY
Synopsis of Bill
House Bill 573 proposes to
change existing law governing Office of the State Engineer water rights
hearings as follows:
1.
Non-substantive, simplification language
is offered for clarification purposes.
2.
If necessary, hearing examiners shall,
not only be knowledgeable of water law and administrative procedures, but shall
be knowledgeable of hydrology or water engineering.
3.
The hearing will be conducted in
“general” accordance with the Rules of Civil Procedure for the District Courts.
4.
The standard for filing an objection or
protest (against granting a application) will be a
showing on the part of the objector that his/her rights will be “substantially
and specifically” impaired.
Significant
Issues
The few substantive
changes being proposed are consistent with other hearing / administrative
proceeding laws throughout the state’s statutory framework.
FISCAL IMPLICATIONS
House Bill 573 does
not contain an appropriation. Potentially,
the bill could lead to lengthier hearings as applicants and protesters seek to
meet the more definitive standards being set.
However, having an established evidentiary standard and objection /
standing standard should ultimately lead to a more streamlined process. Further, an established evidentiary standard
and objection standard should result in more consistent and fair examiner
decisions, and in fewer, narrowed appeals.
SJM/yr