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<br />RESOLUTION
<br />OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />
<br />May 16, 2008
<br />
<br />To
<br />
<br />Marta Ahrens
<br />
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<br /> WHEREAS, Marta Ahrens served as Secretary to the Colorado Ground Water Commission for 15 years, from November 1992, to November 2007; and
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<br /> WHEREAS, Ms. Ahrens did faithfully carryout the duties of Secretary to the Commission; and
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<br /> WHEREAS, during her tenure the Commission developed appreciation for her services to the Commission; and
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<br /> WHEREAS, Ms. Ahrens has assumed other duties within the Colorado Division of Water Resources.
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<br /> NOW THEREFORE, BE IT RESOLVED, that the Colorado Ground Water Commission does hereby wish to express its gratitude for her devoted service and extends its best wishes for a prosperous
<br /> and enjoyable future.
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<br />Mr. Keith Vander Horst presented the Commission with two choices for the location of the August meeting. The Commission could travel to the Fraser Valley and tour the collection system
<br /> for the Big Thompson diversion project or they could tour a lysimiter operation at the CSU Research Center near La Junta. Commissioner Davis indicated that the mountains, in August,
<br /> are nice. The Commission opted for the Frasier Valley choice.
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<br />Next Meeting – August 14th and 15th, location to be arraigned.
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<br />There being no further business before the Commission, the meeting adjourned at 12:20 p.m.
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<br /> Respectfully submitted,
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<br />
<br /> Richard A Nielsen, P.E.
<br /> Secretary to the Ground Water Commission
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<br />Ground Water Commission Meeting Page 5
<br />May 16, 2008
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<br />2008-05-16-Minutes.pdf
<br />AG Report2008-08-15.doc ATTORNEY GENERAL’S REPORT
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<br />Cases involving the Colorado Ground Water Commission
<br />August 15, 2008
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<br />The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of August 1, 2008.
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<br />appeal of rules adopted by the upper black squirrel creek ground water management district Case No. 04-CV-4457 Designated Basin: Upper Black Squirrel Management District: Upper Black
<br /> Squirrel Before: Hon. Larry Schwartz, El Paso County District Court Attorney: Pat Kowaleski
<br />Subject: Cherokee, Meridian Ranch, Meridian Service, Paint Brush Hills and Woodmen
<br />Hills Metropolitan Districts filed an appeal to the adoption of Rule Nos. 3, 17, 18, and 19 by the Upper Black Squirrel Creek Ground Water Management District. The Upper Black Squirrel
<br /> Creek District issued rules limiting withdrawals from large capacity wells, and, pursuant to statute, the Commission was required to approve the rules. On October 29, 2004, Cherokee
<br /> et al filed an appeal with the District Court in El Paso County. The Commission filed a Motion to Dismiss the District Court action on the grounds that the Commission had not yet completed
<br /> its review, and the matter was therefore not ripe for an appeal to District Court. The District Court put the matter on hold until the Hearing Officer and the Commission acted on the
<br /> remand to the Hearing Officer.
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<br />Status: After a status conference, the parties concluded that the matter can probably be decided by motions, without the necessity for a trial. The legal issues have been briefed,
<br /> and we are waiting for a decision from the Court.
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<br />Moser v. Ground Water Commission Case No. 07-CV-487 Designated Basin: Proposed Box Elder Creek Management District: Before: Hon. Roger Klein, Weld County District Court Attorney:
<br /> Pat Kowaleski
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<br />Subject: The Commission denied the request of John Moser, et al, to create the Box Elder Creek Designated Basin, and Moser appealed the Commission’s decision to District Court. Pursuant
<br /> to statute, the matter will be tried de novo by the Court.
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<br />Status: The Court ordered the setting of the trial to be stayed so as to allow the parties to brief disputed legal issues, including the preclusive effect of the court’s final decree
<br /> (to be issued this spring) in Central Colorado Water Conservancy District’s Well Augmentation Subdistrict case, which included findings by the court regarding the Box Elder Creek drainage.
<br /> On July 31, Moser filed a 45 page Motion For Determination of Questions of Law. We will have until August 15 to respond.
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<br />pioneer irrigation district Case No. 05-GW-14 Designated Basin: Northern High Plains Attorney: Devin Odell Before: Jody Grantham, Hearing Officer
<br />Subject: The Pioneer Irrigation District, Colorado Board, certain owners of the Laird Ditch, and the Division of Wildlife (“Petitioners”) are prosecuting (after remand from the district
<br /> court) a Petition to redraw the current boundaries of the Northern High Plains Designated Ground Water Basin (“Basin”) for the purpose of excluding water that is allegedly tributary.
<br /> The Petition is opposed by the seven ground water management districts, certain well users and the Commission Staff (“Objectors”).
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<br />Status: The parties have agreed to a settlement of the case, involving a lease and purchase of the surface rights. This will require voter approval in November, 2008. If the voters
<br /> do not approve the settlement, the hearing will go forward in February, 2009.
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<br />CHEROKEE METROPOLITAN DISTRICT Case No. 05-GW-15, 16, 17 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney:
<br /> Devin Odell
<br />Subject: These cases involve nine applications for the withdrawal of groundwater from the Upper Black Squirrel Designated Ground Water Basin on land leased by the applicant. In its
<br />November 2006 meeting, the Commission directed Staff to proceed with evaluation and publication of the applications and notify the legal land owners of the applications. Following publication,
<br /> the Commission received some 400 objections. However, the hearing officer ruled that only those objections—totaling about 80—that had been filed by the deadline and with the statutory
<br /> $10 fee would be considered in the proceeding. The hearing officer issued an order setting a hearing in the matter. Prior to the hearing, the proceedings in this matter were stayed
<br /> pending the outcome of a district court action to determine the legal effect and validity of the applicant’s leases.
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<br />Status: The District Court has just issued an order granting Cherokee’s motion to dismiss. It is expected that the hearing will be reset before the hearing officer shortly.
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<br />FALCON HIGHLANDS METRO DISTRICT Case No. 06-GW-24 Designated Basin: Black Squirrel Creek Management District: Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney:
<br /> Devin Odell
<br />Subject: Falcon Highlands Metro District submitted three applications to change the place of use of Determinations of Water Rights and the Upper Black Squirrel Creek Ground Water Management
<br /> District objected based, among other things, on their concern that the application would involve the export of water from the Upper Black Squirrel Designated Basin.
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<br />Status: The District denied the request to export water, and that decision has been appealed to district court. The parties have settled the matter and the hearing officer has remanded
<br /> to the Staff.
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<br />pETITIONS TO amend boundaries of basin—Kroskob and Uhrick Case No. 07-GW-19 Designated Basin: Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody Grantham, Hearing Officer
<br /> Attorney: Devin Odell
<br />Subject: This matter involves two petitions to expand the boundaries of the Kiowa-Bijou Designated Ground Water Basin to include two square-mile parcels on the northeastern edge of
<br /> the basin, one contiguous with the existing basin and the other not contiguous. Staff published the petitions pursuant to direction from the Commission and received two objections,
<br /> one from the North Kiowa-Bijou Ground Water Management District and one joint objection from the Bijou Irrigation Co. and Bijou Irrigation District. The hearing officer has set a hearing
<br /> for March 25 through March 28, 2008 in Denver.
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<br />Status: The hearing is scheduled for August 4-7, 2008.
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<br />Various final permits Case No. 07-GW-23 to 26, 27 to 33, 35 to 37, 43 to 46, 48 to 51; 08GW02 to 10 Designated Basin: Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody
<br /> Grantham, Hearing Officer Attorney: Devin Odell
<br />Subject: These matters involve issuance of final permits for a number of wells that had been issued conditional permits prior to 1991. The Staff published final permit notices, as
<br /> required by statutes, and the District objected in a number of cases because the wells had not been included on the records of the assessor, and had therefore not paid any special assessment
<br /> to the District. The District originally contended that the Commission should not issue final permits until the well owners have paid a $500 fee under its rules. It amended this position
<br /> to claim that the hearing officer should consider whether certain of the permits for the wells have been “abandoned.” The Staff has taken the position that the concept of “abandonment”
<br /> does not apply to the issuance of permits in designated basins. The parties briefed the issue and the hearing officer ruled that “abandonment” does apply in designated basins and that
<br /> the District may therefore submit evidence on the issue at hearings on the issuance of final permits.
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<br />Status: Hearings or prehearing conferences in a number of these cases have been set. Several of these cases have been or may be resolved by the District’s withdrawal of its objection.
<br /> Others may be resolved by submitting documentary evidence to the hearing officer to support his findings and order.
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<br />Shaw, sharon and Terry Case No. 07-GW-67 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney:
<br /> Devin Odell
<br />This case involves three applications for determinations of water rights. The Cherokee Metropolitan District has submitted an objection.
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<br />Status: Because the application involves lands also at issue in Cherokee Metropolitan District’s applications in Case No. 05-GW15-17, the case has been stayed pending resolution of
<br /> that case.
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<br />Springs east airport, inc Case No. 07-GW-69 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney:
<br /> Devin Odell
<br />This matter involves an application for a change of water right. The Cherokee Metropolitan District filed an objection. The applicant and objector entered into settlement discussions
<br /> and requested that further proceedings be stayed until further notice.
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<br />Status: The applicant has moved to lift the stay, and the hearing officer has set a status conference to discuss further proceedings.
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<br />Cure Land, llc Case No. 08-GW-12 to 66 Designated Basin: Northern High Plains Management District: Sand Hills Before: Jody Grantham, Hearing Officer Attorney: Devin Odell
<br />This matter involves applications by the applicant and the Republican River Water Conservation District to change the uses and places of use of 55 wells for use in the planned compact
<br /> compliance pipeline. The Nebraska portion of the Pioneer Ditch, the Nebraska Pioneer Irrigation District, filed an objection to these applications. The applicant and the District,
<br /> joined by Staff, filed a motion for summary judgment, and the objector did not file a response.
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<br />Status: The motion for summary judgment is pending before the hearing officer. If the motion is denied, the matter is set for a hearing on September 23 and 24, 2008, in Wray.
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<br />Morgan county quality water district Case No. 08-GW-67 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell
<br />This matter involves an application for a new alluvial well for municipal purposes. The District has objected on the grounds that the application may be injurious to vested rights and
<br /> have legal and policy implications for the District.
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<br />Status: A prehearing conference has been set for October 15, 2008.
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<br />cargill cattle feeders, llc Case No. 08-GW-68 Designated Basin: Northern High Plains Management District: W-Y Before: Jody Grantham, Hearing Officer Attorney: Devin Odell
<br />This matter involves an application to change the use of a well for use in a cattle feeding operation. The applicant disagrees with the consumptive use numbers in the final permit issued
<br /> by Staff, which were lower than those that were published because of several recalculations.
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<br />Status: A hearing will be set in this matter on August 12, 2008.
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<br />AG Report2008-08-15.pdf
<br />AgendaAug08.doc
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<br />Determine quorum
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<br />Review and approval of agenda items
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<br />Approval of Minutes for Meeting of May 16, 2008
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<br />Report of the Executive Director by State Engineer Dick Wolfe
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<br />Proposal for Commission to initiate formal rulemaking procedures to amend Rule 7.7.4 so as to allow Commission approval of applications involving changes of types of use and export of
<br /> water out of a Ground Water Management District prior to a Ground Water Management District’s approval of an amount of export, by Andy Jones for the Lost Creek Ground Water Management
<br /> District.
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<br />Staff Report by Keith Vander Horst.
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<br />Report of the Attorney General by Devin Odell. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic
<br /> to Agenda Item No. 12 for discussion in Executive Session if the Board has questions about the litigation.
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<br />District Reports:
<br />Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap
<br />W-Y GWMD by Jack Dowell
<br />Arikaree GWMD by Roger Brenner
<br />Plains and East Cheyenne GWMDs by Deb Daniel
<br />Southern High Plains GWMD by Max Smith
<br />North Kiowa Bijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD by Tracy Doran
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek by GWMD by Thomas Sauter
<br />Republican River Water Conservation District by Stan Murphy
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<br />Old Business
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<br />New Business
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<br />Public Comments
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<br />Executive Session (if needed)
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<br /> Adjournment
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<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />August 15, 2008
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<br />A G E N D A (cont.)
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<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />
<br />8:30 a.m., Friday, August 15, 2006
<br />
<br />Inn at Silver Creek
<br />62927 US Highway 40
<br />Winter Park, CO
<br />888-878-3077
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<br />A G E N D A
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<br />AgendaAug08.pdf
<br />EnforcemenItemsandActionsGWC5.doc
<br />Enforcement Items and Actions
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<br />Enforcement actions performed by staff this quarter are summarized below:
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<br />NORTHERN HIGH PLAINS
<br />-Birdsall Young continues to work with our office and his attorney to correct his expanded acres violation.
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<br />Central Yuma GWMD:
<br /> -Barry Brown was identified as using his irrigation well for un-permitted uses, filling commercial tankers. Staff has contacted Mr. Brown, and we are currently working with him to correct
<br /> the violation.
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<br />Arikaree GWMD
<br />-The district reported the owners of Keene Storage were using four commingled irrigation wells to irrigate un-permitted expanded acres and to fill a pond. A “Show Cause” letter was sent,
<br /> and Staff is currently working with Keene Storage to ensure well permit compliance.
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<br />KIOWA BIJOU
<br />-It has been reported that Jeffery Brachfeld has been using a small capacity well for un-permitted commercial purposes. Staff has sent a “Show Cause” letter to Mr. Brachfeld and we
<br /> are awaiting his response.
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<br />North Kiowa Bijou GWMD:
<br />-It has been reported that Kevin Mitchell has been using a irrigation well for un-permitted commercial purposes. Staff has sent a “Show Cause” letter to Mr. Mitchell and we are awaiting
<br /> his response.
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<br />GWC-AugMeetingInfo.pdf
<br />GWCLetterHead.doc
<br />
<br /> STATE OF COLORADO
<br />GROUND WATER COMMISSION
<br />Division of Water Resources
<br />Department of Natural Resources
<br />
<br />1313 Sherman Street, Room 818
<br />Denver, Colorado 80203
<br />Phone (303) 866-3581
<br />FAX (303) 866-3589
<br /> Bill Ritter, Jr.
<br /> Governor
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<br /> Harris D. Sherman
<br /> Executive Director, DNR
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<br /> Dick Wolfe, P.E.
<br /> Executive Director
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