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Brown wants State House seat back

Two debating for District 59 representative

In 2012, Mike McLachlan unseated State Rep. J. Paul Brown. Brown wants the seat back.

They were among the local candidates responding to audience questions at a Sept. 22 forum hosted by the La Plata/Archuleta Cattlemen. In this format, opposing candidates were not always asked the same questions.

Democrat McLachlan is an attorney in Durango. Local gun rights advocates tried unsuccessfully to recall him in 2013 for support of gun regulation bills, including expanded background checks and limiting ammunition magazines to 15 rounds.

"Someone asked me, 'Why are you going to the Cattlemen?' I represent all of you," McLachlan said. "I am the bipartisan alternative to J. Paul Brown. I believe that's what I was elected to do."

He argued he has been much more productive than Brown was because, "I work with and listen to all sides of the debate. I'm not guided by ideology. On the Ag Committee, I voted with Republicans 95 percent of the time. I believe my responsibility is to protect public safety and represent everyone." He touted the construction funding he brought home for Fort Lewis and Western State Colleges.

Brown, a Republican, lives southwest of Ignacio and is a longtime sheep rancher. He said, "Life experience has given me the knowledge to be a great state legislator. Ag is the second biggest industry in the state. I have a zeal for water storage and I understand water law."

He touted his two years in the legislature on the ag, transportation, health and environment, and capital development committees; also his time as a La Plata County Commissioner in the early 1990s and his terms on the Ignacio School Board.

"We have to lower the price of health care," he said, although he didn't elaborate. "I understand state and federal mandates," he said, adding that 50 percent of the state budget goes to education. He said he worked to get construction funding for Fort Lewis and Western State Colleges.

McLachlan was asked about the 2013 gun bills. Brown was not.

An audience member said, "On Feb. 15 (2013) you wrote a letter to the (Durango) Gun Club that you wouldn't support the gun bills. Then on Feb. 17 you got a call from (Vice President) Joe Biden."

McLachlan responded, "I don't remember writing a letter that I wouldn't vote for those. I didn't generate that call. When the Vice President calls, he said do what you think is right. Talking to the Vice President has nothing to do with my votes. It was my belief that it would increase public safety."

Both McLachlan and Brown were asked about controversial Envioronmental Protection Agency changes to the definition of "waters of the U.S." where federal Clean Water Act regulations kick in.

McLachlan said, "I've been to enough forums to know a lot of people in the ag community are very concerned," but he noted the Rocky Mountain Farmers Union supports the change.

"I'm not in a fight with the federal government," he said. "I haven't seen the definitive rules. I don't believe it's a complete takeover of the water in the U.S. I know water law. I'm not necessarily opposed to the rule."

Brown said the rule change is "absolutely" a takeover of water and property rights. "What the EPA is doing, it's more than a water rights issue. It's an issue we've been fighting for many, many years. They tried to get it through congress and couldn't. They wanted to remove the word 'navigable' so just about every place where a drop of water runs or falls will be 'waters of the U.S.' You'll have to get permits to do things on your private property. The Obama administration got tired of going through Congress and decided to do it on their own."

Brown added, "Endangered species is another way of taking private property. It will take states standing up for the 10th Amendment."

McLachlan was asked about the Common Core education standards that have become controversial. He noted his wife has taught for 25 years in Durango schools.

"I live and die every day with education," he said. "Everything I know about Common Core is it raises standards so students can compete in a global economy. Opposition is based on loss of local control. I want every kid to get the best education they can. I don't think throwing out Common Core will meet that objective."

Brown said, "There are some good things and some really bad things in Common Core." He indicated the bad includes, "Socializing kids, socialism. We have to get back to the local boards deciding what is best for our communities." He asserted that student test scores in general "have gotten sorrier and sorrier" with more state and federal involvement.

McLachlan was challenged for supporting a bill to let undocumented immigrants get drivers licenses.

He said he stands by that bill. "Either you give licenses, or they drive anyway without training," he said. "I believe if we get that person to learn how to drive and to have insurance, it's better than not having insurance."

Brown was asked what he'd do about illegal immigrants. He said, "We need to encourage the federal government to do their job and protect our borders. I don't think we should encourage illegal immigration by (giving) state tuition, drivers licenses." The drivers license is supposed to differentiate from regular drivers licenses so illegal immigrants can't vote, but many of the immigrant licences don't do that, he said.

An audience member asked, "Why can't the state send them back to their country?"

Brown said, "The state could charter a plane and send them back to Honduras."

Brown was asked about a bill sponsored in the spring by State Sen. Ellen Roberts to require new subdivisions that get their water from buying up ag water and converting it to municipal use to limit the size of their water hungry lawns.

"Water is a huge issue," Brown said. "Last year 1 million acre feet left the state (in devastating Front Range floods in September 2013). Just about every year, there's water that's legally ours that we can't use because there's no storage."

At an Aug. 27 hearing on the Colorado Water Plan now being drafted, Brown said Roberts's lawn bill raised concerns about unintended consequences, "telling people what they can do with their property rights. The next in line could be ag."

In closing comments, McLachlan said he supports the oil and gas industry and water rights. As for his gun votes, he said, "We have a problem with guns in this country. We've killed more people with guns in the U.S. than in every war including the Civil War... I don't hate guns. I want reasonable protection of the public. I believe you have a right to own a gun if you are a law-abiding citizen."

Brown said, "I'm very concerned about the direction our country is going. We have eight grandchildren. I'm running for them. I believe in more freedom and individual responsibility."

He cited ag and business entities that have endorsed him "because my opponent sued people. I've fed people."