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matter, the Hearing Officer will need to determine the parties that he will allow to participate in the proceedings regarding these rights and, as necessary, set a hearing to allow <br /> those parties to present evidence. <br /> <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. <br /> <br />Status: The Staff reached a compromise with applicant based on additional information on historic consumptive use settling the matter. <br /> <br /> <br />Janice connolly Case No. 08-GW-69 & 70 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell <br />This matter involves an application to change the description of the irrigated acres used under a final permit. The District objected on the grounds that the application appears to <br /> increase the allowable irrigated acres. <br /> <br />Status: A hearing has been set for March 18, 2009. <br /> <br />cherokee metropolitan district Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer <br /> Attorney: Devin Odell <br />This matter involves an application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the basin. Objections were submitted by the District, <br /> along with four other water users in the basin. <br /> <br />Status: A hearing has been set for two weeks in Denver beginning on June 8, 2009. Certain objectors filed a motion to dismiss now pending before the Hearing Officer. The parties are <br /> also conducting discovery in preparation for the hearing. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />6 <br /> <br /> <br />5 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />AG-Report2009-2-20.pdf <br />EnforcementItemsandActionsFeb.docx <br />Enforcement Items and Actions <br />Enforcement actions performed by staff this quarter are summarized below: <br /> <br />NORTHERN HIGH PLAINS <br />Marks Butte GWMD <br />-As reported at the last commission meeting, Mark Reifenrath had been found to be operating his well in violation of his Final Permit for the irrigation of unpermitted expanded acres. <br /> A show cause letter was sent out, and we have since received a response from Mr. Reifenrath. He has agreed to reduce his irrigated acreage to the permitted amount. A field inspection <br /> will be performed in the spring to verify compliance. <br />Arikarre GWMD <br />-Last quarter, Charles and Lois Schulte were identified as using irrigation wells to irrigate illegally expanded acres. A show cause letter was sent out at that time, but we have yet <br /> to receive a response. A field inspection will be performed in May to determine compliance. If a violation is discovered, a cease and desist order will be issued. <br />W-Y GWMD <br />-It was reported by the Ground Water Management District (GWMD) that Willard Gorman had failed to enter into and administrative contract for the 2008 irrigation year as required by his <br /> Expanded Acres Authorization. An enforcement letter was sent to Mr. Gorman explaining his options, and he has since entered into an administrative contract with the GWMD. <br />-It was reported by the GWMD that Anthony Schaffert had failed to enter into and administrative contract for the 2008 irrigation year as required by his Expanded Acres Authorization. <br /> An enforcement letter was sent to Mr. Schaffert explaining his options, and he has since entered into an administrative contract with the GWMD. <br />UPPER BLACK SQUIRREL CREEK <br />Upper Black Squirrel GWMD Creek <br />-Kevin Parker was identified as using his small capacity well, permitted to be used for domestic purposes in up to three single family dwelling, to service five homes. A show cause <br /> letter was sent to Mr. Parker without response and a field inspection was performed. The inspection revealed that the well was being operated in violation of the permit. Mr. Parker <br /> has since ceased the unpermitted use, and he is now operating the well in compliance with his permit. A follow-up inspection will be performed in the spring to verify compliance. <br />-It has been reported that Samuel and Carlene Leffler have been operating their well, permitted for commercial use in one commercial business, to service four commercial businesses. <br /> A show cause letter has been sent to the Lefflers, and we are awaiting their response. <br />HearingOfficersReport2009Feb.pdf <br />Minutes-Rule774Hrng.pdf <br />PacketMemoFeb2009.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 <br /> <br /> Harris D. Sherman <br /> Executive Director, DNR <br /> <br /> Dick Wolfe, P.E. <br /> Executive Director <br />