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Hearing Officer's Report - May 21, 2010 Page: 3 <br /> Cherokee Metro District, Case number: 05-GW-15-17 <br /> Designated Basin: Upper Black Squirrel Date of request: 17-Aug-05 <br /> Management District: Upper Black Squirre <br /> Date of Hearing: 02-Mar-09 Place of hearing: Colorado Sprgs <br /> Subject: An appeal to the Groundwater Commission regarding Denial Nos. AD-14669, AD- <br /> 14670, AD-14671. Hearing scheduled for March 6 and 7, 2006 was vacated. Hearing <br /> scheduled for June 5 and 6, 2006 was vacated The Hearing Officer's order dated April <br /> 24, 2006 states the denials are reversed and remanded to Staff for proceeding with <br /> determinations of water rights for, subsequent publication and allowance for objections <br /> as a result of publication. <br /> Status: Acknowledgement sent on October 19, 2005. Consolidated Hearing Cases 05-GW-15, <br /> 05-GW-16 and 05-GW-17. Staff's Motion for verification pending before the Hearing <br /> Officer. An appeal and Designation of Record has been filed with the Ground Water <br /> Commission on June 13, 2006. A hearing on appeal will be held before the Colorado <br /> Ground Water Commission on November 17, 2006. Update: Commission upheld <br /> hearing officer in part and remanded to staff to notify land owners. The hearing is <br /> scheduled for April 8, 9th and 11th, 2008 at the El Paso County Board of County <br /> Commissioners, 27 E. Vermijo, Colorado Springs, Colorado starting at 9:00 a.m. The <br /> Hearing Officer denied Motion to Stay case and ruled that parties within the boundaries <br /> of the application shall be given full party status. All other parties are allowed only <br /> limited party status pursuant to the Adjudicatory Rules. Motion for Determinations of <br /> Questions of Law and Summary Judgment are pending response briefs from Objectors. <br /> Hearing Officer ruled on various motions and stayed the case pending determination in <br /> District Court as to whether leases held by Applicant convey rights to Denver basin <br /> water. District Court remanded to commission and dismissed complaint (Order <br /> Attached). Hearing Officer ordered on August 11, 2008 that response briefs are due on <br /> August 18, 2008. Status/Setting Conference will be held on September 15, 2008 at 1:30 <br /> p.m. in the Training Room of the Division of Wildlife and Water Resources facility located <br /> at 4255 Sinton Rd, Colorado Springs. A Prehearing Conference was scheduled for <br /> February 16, 2009 and the Hearing is scheduled for March 2nd through 6th 2009 at the <br /> address listed above for the Status Conference. Motion for Summary Judgment denied. <br /> Hearing Officer ordered issues of injury will not be heard. Evidence concerning <br /> saturated thickness may be presented as well as lease information. Hearing held. <br /> Ruling pending. Findings of fact, conclusions of law and initial decision of the Hearing <br /> Officer mailed May 27, 2009.Notice of Hearing on Appeal was filed June 24, 2009. Oral <br /> argument before the Commission scheduled for August 21, 2009 at 10am. Notice of <br /> Hearing on Appeal mailed July 14, 2009. Order Vacating Hearing mailed July 27, 2009. <br /> Hearing Officer's ruling is to be heard before GWC on May 21, 2010. Booker's requested <br /> stay of hearing on May 21, 2010 in order to allow for review of transcript. Request was <br /> granted by Executive Director of Commission and hearing before Commission will now <br /> be held at the August 2010 meeting. <br /> 3 <br />