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<br />Enforcement Items and Actions
<br />Enforcement actions performed by staff this quarter are summarized below:
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<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.
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<br />Arikaree 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.
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<br />W-Y GWMD
<br />-It was reported by the GWMD that Willard Gorman had failed to enter into an administrative contract for the 2008 irrigation year as required by his Expanded Acres Authorization. An
<br /> enforcement letter was sent to Mr. Gorman explaining his options, and he has since entered into an administrative contract with the GWMD.
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<br />-It was reported by the GWMD that Anthony Schaffert had failed to enter into an 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.
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<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 dwellings, 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.
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<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.
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<br />Miscellaneous
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<br />Re-amended “Rules and Regulations for the Management and Control of Designated Ground Water” dated December 30, 2008, containing revised Rule 7.7.4, are now effective. Copies have been
<br /> provided.
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<br />Policy 2009-1 concerning evaluation of applications for alternate points of diversion was signed by the State Engineer. Copies have been provided.
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<br />With the “Rules and Regulations Governing the Measurement of Ground Water Diversions Located in the Republican River Basin Within Water Division No. 1” becoming effective on December
<br /> 1, 2008, a new team is being formed to administer the new Republican River Measurement Rules. While the legislature originally approved the creation of four positions for this team,
<br /> the Governor’s office exempted only three of the positions from the current state hiring freeze, and the Division of Water Resources has filled only two positions due to its own budgetary
<br /> limitations. The team leader position has been filled with Megan Sullivan, and a field position has been filled with Jim Martin (both being promoted from other positions within DWR).
<br /> Dave Keeler, in the existing Republican River Basin Water commissioner position, has been laterally moved to that team to provide help, and additional assistance is being provided
<br /> by Chris Grimes who remains on the Designated Basins team.
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<br />Chris Grimes, Dave Keeler, and Devin Ridnour (Deputy Water Commissioner for Districts 49 and 65) spent considerable time and effort working on policies and forms implementing the new
<br /> Republican River Measurement Rules. Power Conversion Coefficient and flow meter test report forms are now being submitted, and review of those forms is beginning.
<br />
<br />Megan Sullivan’s promotion to team leader of the Republican River Well Measurement team required adjustment of personal within DWR to accommodate work load. This adjustment resulted
<br /> in Melissa Peterson’s move from the Designated Basins team to team “237”, leaving the Designated Basin’s team with 2 empty positions which will not be filled in the foreseeable future
<br /> due to the hiring freeze.
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<br />With Yuma County’s purchase of the subject surface rights, settlement has been reached in Pioneer Irrigation District’s request to de-designate portions of the Northern High Plains Basin.
<br /> The hearing originally scheduled in June 2008, postponed to January and February of 2009 was vacated, and the Hearing Officer issued Findings and Order on January 27, 2009 resolving
<br /> the case.
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<br />Memorandum
<br />Upcoming Commission Meeting
<br />Page 2
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<br />C. MAX SMITH, CHAIRMAN, Walsh; DENNIS W. CORYELL, VICE-CHAIRMAN, Burlington; GRANT H. BLEDSOE, Wray; CAROLYN F. BURR, Denver;
<br />LARRY W. CLEVER, Grand Junction; COREY M. HUWA, Roggen; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan; DOUGLAS L. SHRIVER, Monte Vista;
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<br />Staff Activity Report Page 3
<br />For February 20, 2009 Commission Meeting
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<br />C. MAX SMITH, CHAIRMAN, Walsh; DENNIS W. CORYELL, VICE-CHAIRMAN, Burlington; GRANT H. BLEDSOE, Wray; LARRY W. CLEVER, Grand Junction;
<br />EARNEST L. MIKITA, Calhan; DOUGLAS L. SHRIVER, Monte Vista; COREY M. HUWA, Roggen; FRANK P. JAEGER, Elizabeth; ROBERT R. LOOSE, Wiggins
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<br />Memorandum to Hal Simpson Page 3
<br />Quarterly Commission Staff Activity Report
<br />February 6, 2009
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<br />W:\GWC Meetings\2009-02Feb\StaffReportNov2008.doc
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<br />ERNEST L. MIKITA, CHAIRMAN, Calhan; ANNE J. CASTLE, VICE-CHAIRMAN, Denver; JON B. BROWNELL, Hooper; EUGENE A. BAUERLE, Julesburg; DENNIS W. CORYELL, Burlington;
<br />ROBERT R. LOOSE, Wiggins; LARRY CLEAVER, Grand Junction; RICHARD F. HUWA, Keenesburg; CHARLES “MAX” SMITH, Walsh
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<br />Staff Activity Report Page 5
<br />For February 20, 2009 Commission Meeting
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<br />Memorandum to Hal Simpson Page 5
<br />Quarterly Commission Staff Activity Report
<br />February 6, 2009
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<br />W:\GWC Meetings\2009-02Feb\StaffReportNov2008.doc
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<br />StaffReportFeb2009.pdf
<br />2009.02.20 07-GW-19 Findings of Fact.pdf
<br />2009.02.20 07-GW-19 Petitioners Opening Brief.pdf
<br />2009.02.20 07-GW-27-9, 07-GW-34-7 Brief.pdf
<br />2009.02.20 07-GW-27-9, 07-GW-34-7 Findings of Fact.pdf
<br />2009.02.20 07-GW-27-9, 07-GW-34-7 GWC Staff Appeal.pdf
<br />2009.02.20 07-GW-27-9, 07-GW-34-9 Proposed Order GWC.pdf
<br />2009.02.20 08-GW-07,8 Motion to Vacate.pdf
<br />2009.02.20 08-GW-07,8 Response to Motion to Vacate.pdf
<br />2009.02.20 08-GW-07,8 Staff Appeal Brief.pdf
<br />2009.02.20 08-GW-07,8 Various Orders.pdf
<br />2009.02.20 Appeal of Hearing Officers Orders.pdf
<br />2009.02.20 Brief Opposing Appeal of Hearing Officers Order.pdf
<br />2009.02.20 Meeting Attendance Staff.pdf
<br />2009.02.20 N Kiowa Mngmt Brief w_ Note.pdf
<br />2009.02.20 Objection of Wayne and Frances.pdf
<br />2009.02.20 Objection TRMWF.pdf
<br />2009.02.20 Record of Proceedings + Attendance (1).pdf
<br />2009.02.20 Record of Proceedings + Attendance (2).pdf
<br />2009.02.20 Record of Proceedings + Attendance (3).pdf
<br />2009.02.20 Record of Proceedings + Attendance (4).pdf
<br />2009.02.20 Record of Proceedings + Attendance (5).pdf
<br />2009.02.20 Record of Proceedings + Exhibits.pdf
<br />2009.02.20 Reply to Response to Motion.pdf
<br />2009.02.20 Request for Variance w_Exhibits.pdf
<br />2009.02.20 Rule Amendment Proposal.pdf
<br />2009.02.20 Staff Appeal Brief.pdf
<br />2009.02.20 Staff Opinion on Variance.pdf
<br />2009.02.20 Upper Black Squirrel Objection.pdf
<br />2009.02.20 Well Permits Addition.pdf
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