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the case. Status: The trial date has been vacated, the matter dismissed and the case closed. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-71 Designated Basin: Upper Black Squirrel <br /> Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: An application for approval of a replacement plan to <br /> make new appropriations from the alluvial aquifer within the basin. Objections were submitted by the District, along with four other water users in the basin. A hearing was held for <br /> two weeks in Denver beginning on June 8, 2009 during which the applicants completed their initial presentation and the objectors began their presentations. An additional week of hearing <br /> scheduled for August 3 through 7, 2009 was 2 vacated following a ruling from the Division 2 Water Court regarding Cherokee’s use of some of its wells, subject to further negotiations <br /> and amendment of the proposed replacement plan. Status: This case was consolidated with change cases 08GW78 and 09GW15, and the trial was set to continue in January 2010. In November <br /> of 2009, the Upper Black Squirrel Creek Ground Water Management District filed in District Court, in Case No. 98CW80 for a declaratory judgment asking the court to determine whether <br /> Cherokee is required to use its waste water as recharge for the basin or if that waste water can be claimed as replacement credit under a replacement plan. The District also filed <br /> for a preliminary injunction to prevent Cherokee from claiming waste water returns in the Basin as augmentation credit in the replacement plan in 08GW71 until the motion for declaratory <br /> judgment is resolved. The preliminary injunction was granted, and Cherokee filed a motion to dismiss for lack of jurisdiction which was denied. Meridian moved to intervene but that <br /> motion was denied. Both denials have been appealed the denial to the Supreme Court. The District Court recently ruled that Cherokee may not use the waste water as a replacement supply, <br /> and that issue has also been appealed to the Supreme Court. The issue of Meridian’s intervention has been stayed pending determination of the waste water as a replacement supply issue. <br /> CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-78 09-GW-15 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody <br /> Grantham, Hearing Officer Attorney: Jen Mele Subject: Applications to change the type and place of use of wells. Objections were submitted by the District and other water users <br /> in the basin. Both cases were consolidated with 08GW71. Status: See above. EDNA FARMER ET AL. Case No. 09-GW-02 Designated Basin: Upper Black Squirrel Creek Management District: <br /> Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Subject: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An <br /> objection was filed by Cherokee Metropolitan District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan <br /> District, and09GW03, another application for determination of water right (discussed below). This motion was denied by the hearing officer. 3 Status: The hearing officer will set <br /> the matter for a hearing. DANIEL AND THERESA FARMER ET AL. Case No. 09-GW-03 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: <br /> Jody Grantham, Hearing Officer Attorney: Subject: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan <br /> District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and 09GW02, another application <br /> for determination of water right (discussed above). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. MERIDIAN SERVICE <br /> METRO DISTRICT Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: <br /> Application for a change of water right. Two parties filed objections. Status: The hearing set for February 25 and 26, 2010 has been stayed because the water rights to be changed <br /> were for use in the replacement plan in 08GW71. The matter is stayed pending resolution of the motion for declaratory judgment in 98CW80. DEAN GOSS Case No. 10-GW-04 Designated <br /> Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Application to change the type and place <br /> of use of four wells. Objections have been filed by the Upper Black Squirrel Creek Ground Water Management District and Wayne and Francis Booker. Status: A hearing has been scheduled <br /> for March 19-23, 2012 in front of the Hearing Officer. 4 GALLEGOS, REINALDO, ET AL Case No. 03-GW-06 Designated Basin: Upper Crow Creek Management District: Before: Jody <br /> Grantham, Hearing Officer Attorney: Jen Mele Subject: Petition to dedesignate portions of the Upper Crow Creek Designated Ground Water Basin. Background: The petitioners originally <br /> sent letters to the State Engineer in 2002 and 2003 seeking curtailment of wells within the Basin. The State Engineer declined to curtail wells and the petitioners appealed the issue <br /> of the Commission’s jurisdiction over surface water rights first to District Court and eventually to the Supreme Court. The Supreme Court held that the Commission has jurisdiction <br /> over surface water rights only to the extent the holder of surface rights seeks to change a boundary of a designated basin, in which case the surface rights owner must show that pumping <br /> of the designated ground water has more than a de minimis effect on the surface rights and is causing injury to those rights. The matter was remanded to the Commission. This application <br /> was filed with the Commission on August 11, 2010. Status: A hearing has been set for November 28 – December 9, 2011. FRONT RANGE RESOURCES Case No. 11-GW-03 Designated Basin: <br /> Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Application for determination of water right to Laramie-Fox Hills <br /> and Arapahoe Aquifers within the Denver Basin. Objection filed by Lost Creek Ground Water Management District. Status: A hearing has been scheduled for January 17-19, 2012 in front <br /> of the Hearing Officer. WILLIAM GREATHOUSE Case No. 11-GW-06 Designated Basin: Southern High Plains Management District: Before: Jody Grantham, Hearing Officer Attorney: <br /> Jen Mele 5 Subject: Application for final permit. Applicant does not agree with Staff’s assessment of the amount of irrigated land associated with the permit. Status: This <br /> matter is stayed while applicant applies for supplemental permit for the additional acreage. MICHAEL CASPER Case No. 11-GW-07 Designated Basin: Southern High Plains Management District: <br /> Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Application for appropriation of designated ground water. An objection to the application was filed by Walter <br /> Doke. Status: Mr. Doke withdrew his objection and the matter was remanded to Staff to act on the applications. DEAN GOSS Case No. 11-GW-08 Designated Basin: Upper Black Squirrel <br /> Creek Management District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Application to change location of three wells further than a half mile from the <br /> original wells, which requires a variance from Rule 7.3.5. Objections to the application were filed by the Upper Black Squirrel Creek Ground Water Management District, Wayne and Frances <br /> Booker, and Schubert Ranches. Status: A hearing on the variance request was held before the Commission at the August 19, 2011 meeting, and the variance denied. The application <br /> was subsequently withdrawn and the case closed. <br />Agenda2011Nov.doc <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Determine quorum <br /> <br />Review and approval of agenda items <br /> <br />Approval of Minutes for Meeting of August 19, 2011 <br /> <br />Report of the Executive Director by State Engineer Dick Wolfe <br /> <br />Follow-up presentation by Matt Poznanovic regarding Conditional & Final Permitting of municipal well permits <br /> <br />Follow-up presentation by Michael Shimmin on proposed legislation granting GWMDs enforcement authority and ability to impose fines <br /> <br />Staff Report by Keith Vander Horst <br /> <br />Report of the Attorney General by Jen Mele. 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. 13 for discussion in Executive Session if the Board has questions about the litigation. <br /> <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 Rod Mason <br />Plains and East Cheyenne GWMDs by BreAnn Ferguson <br />Southern High Plains GWMD by Max Smith <br />North KiowaBijou GWMD by Robert Loose <br />Upper Black Squirrel GWMD by Dave Doran <br />Upper Big Sandy GWMD by Dave Taussig <br />Lost Creek by GWMD by Thomas Sauter <br />Republican River Water Conservation District by Deb Daniel <br /> <br />Old Business <br /> <br />New Business <br />Selection of next year’s meeting dates and locations <br /> <br />Public Comments <br /> <br />Executive Session (if needed) <br /> <br />Adjournment <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br />May 21, 2010 <br /> <br />A G E N D A (page 2, cont.) <br /> <br /> <br /> <br /> <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br /> <br />10:00 a.m., Friday, November 18, 2011 <br /> <br />Town of Castle Rock Council Chambers <br />100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 <br /> <br />A G E N D A <br /> <br /> <br /> <br /> <br /> <br /> <br />Agenda2011Nov.pdfMicrosoft Word - Agenda2011Nov.doc <br /> 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of August 19, 2011 4. Report of the Executive Director by State Engineer Dick <br /> Wolfe 5. Follow-up presentation by Matt Poznanovic regarding Conditional & Final Permitting of municipal well permits 6. Follow-up presentation by Michael Shimmin on proposed legislation <br /> granting GWMDs enforcement authority and ability to impose fines 7. Staff Report by Keith Vander Horst 8. Report of the Attorney General by Jen Mele. This is a background briefing <br /> on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 13 for discussion in Executive Session if the Board has <br /> questions about the litigation. 9. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod <br /> Mason d. Plains and East Cheyenne GWMDs by BreAnn Ferguson e. Southern High Plains GWMD by Max Smith f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by Dave Doran <br /> h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek by GWMD by Thomas Sauter j. Republican River Water Conservation District by Deb Daniel 10. Old Business 11. New Business a. <br /> Selection of next year’s meeting dates and locations 12. Public Comments 13. Executive Session (if needed) 14. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER <br /> COMMISSION 10:00 a.m., Friday, November 18, 2011 Town of Castle Rock Council Chambers 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A <br />Enforcement Items and Actions Nov Meeting.docx <br />Enforcement Items and Actions <br />NORTHERN HIGH PLAINS <br />Central Yuma <br />Jerry Brandt was found to be using an irrigation well for livestock purposes only. A show cause letter was sent out on October 31<st and we are awaiting Mr. Brandt’s response. If Mr. <br /> Brandt ceases the illegal use and returns to irrigation as permitted, he will be required to equip the well with a water measurement device.< <br />UPPER BLACK SQUIRREL CREEK <br />Upper Black Squirrel Creek GWMD <br />On September 1, 2011 a cease and desist order was posted on a well operated by Dean Goss. Field inspections performed September 6th – 9th verified that Mr. Goss had ceased the well’s <br /> use and severed the line to the sprinkler. At this time the irrigation well is in compliance with the permit. Another field inspection will be performed in the spring to verify continued <br /> compliance. <br />Last quarter Staff responded to complaint involving three irrigation wells owned by Mr. George Schubert. A show cause letter was sent to Mr. Schubert which he promptly responded to, <br /> and a field inspection was performed to verify well permit compliance. At that time, no violation was discovered, and Mr. Schubert signed a Well Permit Compliance Notice. Staff has <br /> since received a second complaint requesting that we inspect “any and all wells on the Schubert property to verify well permit compliance”. We are <currently in the process of seeking <br /> additional information regarding this request. We cannot proceed with an investigation until we have specifics on any violations. <br />As required in recent a letter from Staff, Wayne Booker has shut down the irrigation wells suspected to be in violation of their permits. A field inspection will be required in the spring <br /> to verify continued compliance. We have received a second complaint involving wells owned by Mr. Booker claiming, “Mr. Booker has been re-drilling wells without capping the replaced <br /> well and then unlawfully pumping both wells.” It has been requested that Staff <“field inspect any and all wells on the Booker property to verify well permit compliance.” We are currently <br /> in the process of seeking additional information regarding this request. We cannot proceed with an investigation until we have specifics on any violations. <br />KIOWA BIJOU <br />Staff investigated wells owned by L & M Ranch to verify compliance with irrigation well permits and a replacement plan. A report received by our office indicated that a pond on the <br /> property had exceeded the size and area allowed under the replacement plan. A field inspection verified this to be the case and we are currently working with the owners to correct <br /> the violation. <br />HearingOfficersReport2011-11-18.pdf <br /> 1 HEARING OFFICER'S REPORT Colorado Ground Water Commission November 18, 2011 Meeting The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water <br /> Commission as November 18, 2011. Gallegos, Reinaldo etc Case number: 03-GW-06 Designated Basin: Upper Crow Creek Date of request: 30-Apr-03 Subject: Petition to de-designate <br /> portions of the Upper Crow Ck Designated Basin Status: Hearing set November 28 thru December 9, 2011. Hearing will be held in Grover, Colorado at the Pawnee School. Woodmen Hills <br /> Metro Dist, Case number: 03-GW-20 Designated Basin: Upper Black Squirrel Date of request: 30-Oct-03 Subject: Objection to (3) three applications to appropriate designated <br /> ground water from the alluvial aquifer of Black Squirrel Creek, or its tributaries and an application for a replacement plan to prevent injury to water rights of other appropriators <br /> and allow the proposed appropriation from the alluvial aquifer. Receipt No 501564-A, B, and C. Status: Awaiting republication and information from the Applicant. Box Elder <br /> Creek Designated GW Basin Case number: 06-GW-23 Designated Basin: Box Elder Creek Date of request: 03-Mar-06 Subject: Petition to Creation of the Box Elder Creek Designated Ground <br /> Water Basin. Status: Hearing held for nine days held in January 2007. Commission upheld decision of Hearing Officer. Decision appealed to the District Court. Case pending before <br /> District Court. Morley Howard Investments LLC, Case number: 07-GW-02 Designated Basin: Upper Black Squirrel Date of request: 01-Mar-07 Subject: Objection to three change of <br /> Determination of Water Right Applications (Receipt Nos. 3610361 A - C). Status: Pending Management District’s export hearing. 2 Springs East Airport, Inc., Case number: <br /> 07-GW-69 Designated Basin: Upper Black Squirrel Date of request: 10-Dec-07 Subject: Objection to application for a change of water rights for well with Permit No. 6055-FP. <br /> Status: Hearing Officer’s decision appealed to Commission and the Commission upheld the Hearing Officer’s decision. On appeal to District Court. Appeal withdrawn. Case to be closed. <br /> Cherokee Metro & Meridian Svc Dist. Case number: 08-GW-71 Designated Basin: Upper Black Squirrel Date of request: 15-Oct-08 Subject: Objection to an application for approval <br /> of a replacement plan to make new appropriations from the alluvial aquifer within the Upper Black Squirrel Creek Designated Basin. Status: Two weeks of hearing held June 8th <br /> thru June 19, 2009. Case consolidated with Case Nos. 08GW78 as well as the change case filings for well nos. 9 through 12 (09GW15). Case is presently stayed pending outcome of district <br /> court declaratory judgment proceedings on stipulation interpretation. Cherokee Metropolitan District Case number: 08-GW-78 Designated Basin: Upper Black Squirrel Date of request: <br /> 29-Dec-08 Subject: Objection to an application to change the type and place of use of Well Permit No. 49988-F. Status: See Case No. 08GW71 above. Case stayed pending resolution <br /> of declaratory judgment action in water court. Farmer, Edna I Case number: 09-GW-02 Designated Basin: Upper Black Squirrel Date of request: 12-Mar-09 Subject: Objection to an <br /> application for Determination of Water Right Status: Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71. 3 Farmer, Daniel & Teresa Case number: 09-GW-03 <br /> Designated Basin: Upper Black Squirrel Date of request: 12-Mar-09 Subject: Objection to an application for Determination for Water Right Status: Stayed pending outcome of Cherokee <br /> replacement plan case, Case No. 08GW71. Meridian Service Metropolitan Dist., Case number: 09-GW-11 Designated Basin: Upper Black Squirrel Date of request: 15-Jun-09 Subject: <br /> Objection concerning an application to change a determination of water right Status: Stayed pending outcome of Case No. 08GW71 (Cherokee replacement case). Cherokee Metro & Meridian <br /> Svc Dist. Case number: 09-GW-15 Designated Basin: Upper Black Squirrel Date of request: Subject: Objection to an application to change the type and place of use Status: <br /> See 08GW71 above. Case is presently stayed pending outcome of district court declaratory judgment proceedings Goss, Dean Case number: 10-GW-04 Designated Basin: Upper Black Squirrel <br /> Date of request: 17-Dec-10 Subject: Objection to application to change the type and place of use Status: Based on motions filed Hearing Officer stayed proceeding until resolution <br /> of variance request. Hearing Officer denied motion to amend and relate back. Case is now set for hearing March 19 through 23, 2012. Front Range Resources LLC, Case number: 11-GW-03 <br /> Designated Basin: Lost Creek Date of request: 02-Mar-11 Subject: Objection to an application for determination of water right 4 Status: Hearing scheduled for January 17 <br /> through 19, 2012 at 9:30 a.m. in Denver. However, Applicant and Staff have filed a motion to vacate the hearing dates due to potential change in location of boundary line for the Laramie-Fox <br /> Hills aquifer. Awaiting briefing on the issue prior to granting motion. Greathouse, William Case No. 11-GW-06 Designated Basin: Southern High Plains Date of request: 13-May-11 <br /> Subject: Objection to the Issuance of a Final Permit Status: Prehearing conference scheduled for August 4, 2011. At prehearing conference parties agreed to attempt to resolve <br /> the matter. Case is stayed pending outcome of negotiations. Casper, Michael Case No. 11-GW-07 Designated Basin: Southern High Plains Date of request: 20-June-11 Subject: Objection <br /> to Four Irrigation Well Permits Status: Status/Setting conference scheduled for July 28, 2011. Case was set for a pre-hearing conference (telephonic) on August 31, 2011. Prior <br /> to the prehearing conference Objector Doke withdrew his objection and the case is closed. Goss, Dean Case No. 11-GW-08 Designated Basin: Upper Black Squirrel Date of request: <br /> 15-Jul-11 Status: Variance request denied, case withdrawn, case closed. Five Partners, LLC Case No. 11-GW-09 Designated Basin: Kiowa-Bijou Date of request: 29-Aug-11 <br /> Status: North Kiowa-Bijou District withdrew objection, case closed. South Platte Grain, LLC Case No. 11-GW-10 Designated Basin: Kiowa-Bijou Date of request: 01-Sept-11 <br /> 5 Status: Objection to final permit by North Kiowa-Bijou District. Application had to be republished and therefore are awaiting objection period to end prior to setting for hearing. <br /> Dale Arnold Case No. 11-GW-11 Designated Basin: Kiowa-Bijou Date of request: 29-Sept-11 Status: Five parties have objected to the proposed change in description of <br /> irrigated acreage by Dale Arnold. Setting conference scheduled for November 2, 2011. Respectfully submitted ______________________________ Joseph (Jody) Grantham, Hearing Officer <br /> <br />Minutes Of-2011-08-19.pdf <br /> <br />MinutesOf-2011- 08-19.docxMINUTES <br /> <br />MINUTES <br />THIRD QUARTERLY MEETING <br />COLORADO GROUND WATER COMMISSION <br />AUGUST 19, 2011 <br />The Third Quarterly Meeting of the Colorado Ground Water Commission took place on August 19, 2011, at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Chairman Dennis Coryell <br /> called the meeting to order at 10:00 a.m. Mr. Richard Nielsen called the roll and determined that a quorum was present. Commission members present were Carolyn Burr, Dennis Coryell, <br /> Corey Huwa, Earnest Mikita, George Schubert, Max Smith, Virgil Valdez, Alex Davis, Dick Wolfe and Suzanne Sellers. Staff members present were Kevin Rein, Keith Vander Horst, Richard <br /> Nielsen, Chris Grimes, Jay Bloomfield, Justina Farris, Ivan Franco, David Keeler, Matt Sares and Ralf Topper. Also present were Jody Grantham, Hearing Officer, Pat Kowaleski, A.G. <br /> for the Commission and Jennifer Mele, A.G. for staff. <Members of the public were also present. <br />Review and Approval of Agenda Items, The agenda was approved as presented. <br />Approval of Minutes for Meeting of May 20, 2011, Chairman Coryell asked if there were any corrections or additions to the minutes. <Commissioner Burr noted a typographical error on page <br /> 4 and Commissioner Sellers noted the misspelling of a name, also on page 4. There being no further comments, <br /> <br />Commissioner Burr moved to approve the minutes as amended. <br />Commissioner Schubert seconded the motion which carried unanimously. <br />Biennial Election of Chair and Vice-Chair <br />Commissioner Clever nominated Commissioner Coryell for chairman. <br />Commissioner Bledsoe seconded the nomination. <br />Commissioner Bledsoe moved to close the nominations and that Commissioner Coryell be elected Chairman by acclamation. <br />Commissioner Clever seconded the motion which passed unanimously. <br />Commissioner Clever nominated Commissioner Huwa as Vice Chairman. <br />Commissioner Bledsoe seconded the nomination. <br />Commissioner Bledsoe moved to close the nominations and that Commissioner Huwa be elected Vice-Chairman by acclamation. <br />Commissioner Clever seconded the motion which passed unanimously. <br />Report of the Executive Director by Dick Wolfe <br />Mr. Wolfe introduced new staff members of the State Engineer’s Office. Mr. Matt Sares replaced Mr. Dave McElhaney as the team lead for the Hydrogeological Section and Mr. Ralf Topper <br /> replaced Mr. Michael Schaubs, both having retired in June. He also mentioned that Mr. Chris Kucera, a member of the Republican River enforcement team was experiencing some health concerns. <br />Regarding the Republican River, Mr. Wolfe noted that negotiations with Kansas are ongoing. He also mentioned that the release of the conservation storage in Bonny Reservoir will begin <br /> after Labor Day. <br />Commissioner Davis remind those present that the State will no longer maintain the park amenities and that if no volunteers come forward to do so they will be removed. <br />Chairman Coryell called for agenda item no. 6, a presentation by Mr. Matt Poznanovic regarding concerns of municipalities in the matter of the development of their water rights. He <br /> informed the Commission that current law requires that the water right be based on the first three years of beneficial use, often going back forty (40) years or more. The use of the <br /> water then, before growth, was often less than actually permitted. Mr. Poznanovic stated the cities and towns that he represents are in growth corridors and need all the water that <br /> they were permitted for. He told the Commission that talks with interested parties would be ongoing and that he hoped to have proposed legislative changes to present them at the November <br /> meeting. These changes would allow all municipalities to claim beneficial use of the permitted water volume up to the date that the final permit is processed. <br />Chairman Coryell called for agenda item no. 7, a presentation by Mr. Mike Shimmin regarding potential statutory changes to allow local management districts enforcement authority over <br /> well permits and the ability to impose fines. Mr. Shimmin informed the Commission that he and several interested parties had initiated conversations to amend 37-90-130(4) C.R.S.< to <br /> give local management districts more authority in enforcing their regulations and the ability to impose monetary penalties. He plans on presenting proposed language at the November <br /> meeting.< Mr. Shimmin answered questions of the Commissioners.< <br />Chairman Coryell called for agenda item no. 8, a Hearing on a request by Dean Goss for a variance to Rule 7.3.5 to allow the points of diversion of well permit nos. 27565-FP, 27566-FP, <br /> and 27567-FP to be changed to a location more than ½ mile from the original permitted sites, consisting of an existing well, permit no. 11090-FP. <br />Mr. Pat Kowaleski advised the Commission and the parties that the subject matter of the hearing is restricted to the variance request, all other matters would be dealt with in a later <br /> hearing if the variance request was granted. He also advised them as to the presentation timelines and procedures that will be followed during the hearing. <br />Commissioner Schubert recused himself from the hearing. <br />Commissioner Sellers recused herself from the hearing. <br />Mr. Andy Jones, representing Mr. Goss addressed the Commission. He opened his remarks provid<ing a history of Mr. Goss’s current operations and what it he is attempting to accomplish <br /> by the variance request. He then described actions that his client took in researching the Wiebe water rights and developing the property. Mr. Jones explained the unusual hardship <br /> of his client as being a combination of three factors: an ambiguous order, Commission (staff’s) statement that the well could divert 1050 acre-feet and his client’s reliance on staff’s <br /> position in spending money and developing the property. <Mr. Jones then developed each of the three reasons for the unusual hardship claim in some depth. <br />Mr. Jones stated that the order is ambiguous due to the unclear tense of the word “is” in paragraph 2. He also pointed to the lack of any language in the wording of paragraph two of <br /> the order that limited the annual withdrawal. <br />He called Ms. Kathy Hare, former president of the Upper Black Squirrel Creek GWMD to testify as to her knowledge on the matter of the Commission’s position on the annual appropriation <br /> available to the well. She testified that in response to a complaint received by the District, she contacted staff and was told that the well could divert 1050 acre-feet of water until <br /> it was used for the changed uses. <br />Mr. Jones next called Mr. Dean Goss to testify before the Commission. He testified to a conversation he had with staff about the permit, stating that when he came to Denver he was told <br /> by staff that the well could divert 1050 acre-feet for continued irrigation use. He also testified to the hardship he would experience if his request was not granted. <Mr. Goss stated <br /> that he would not only lose the initial investment and the current crop but his customers as well as it would take one (1) year to develop a new crop elsewhere causing them to go somewhere <br /> else for their sod. If the variance is not granted he would be out of business. <br />Mr. Jones said that the testimony offered by Ms. Hare and Mr. Goss was to demonstrate that staff did take a position on the acre-feet. He <next addressed the arguments of the opposer’s. <br />