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<br />
<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 />Plains GWMD:
<br />Cynthia Halde was found to be in violation of her final permits by commingling two irrigation wells without first obtaining approval from the Ground Water Commission. A show cause letter
<br /> was sent out to Mrs. Halde, and she responded by signing a Well Permit Compliance Notice, agreeing to use the wells for only the uses allowed under their respective final permits. Staff
<br /> plans to perform a field inspection in the coming spring to ensure compliance.
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<br />W-Y GWMD
<br />It was discovered that Yuma Ethanol has been using a small capacity commercial well without installing a totalizing flow meter as required by the permit. A show cause letter has been
<br /> sent to Yuma Ethanol and we are awaiting their response.
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<br />Arikaree GWMD
<br />Last quarter staff reported that we had discovered six irrigation wells in violation of their permits, irrigating illegally expanded acres. Show cause letters were sent to the owners
<br /> of these wells, and we received responses from all of them. Each well owner has agreed to operate in compliance with their Final Permits, and each owner has signed a Well Permit Compliance
<br /> Notice to that effect. Some of the land areas associated with the irrigation wells will be required to have permanent stops in the fields to ensure the illegal irrigation of expanded
<br /> acres does not continue. We will be field inspecting all six wells in the coming spring to ensure compliance with the final permits.
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<br />The enforcement action involving Robert Boyd’s illegally expanded acres has yet to be resolved. The Arikaree district believes that Mr. Boyd’s rotation of acres operation is not in
<br /> violation of the final permit, however staff believes otherwise, and addressed the violation in a show cause letter. Members of the staff attended the Arikaree GWMD Board meeting in
<br /> October to discuss enforcement actions in their district, and a significant amount of time was spent on the Boyd enforcement action. Staff presented their evaluation of the matter
<br /> and stated that at this time our office believes the well is irrigating illegally expanded acres. Mr. Boyd, Rod Mason (the District Manager), and Dave Taussig (the District’s Attorney)
<br /> requested a meeting with staff to discuss the matter further. Staff has been attempting to arrange the meeting with the District.
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<br />Upper Black Squirrel Creek
<br />Upper Black Squirrel Creek GWMD
<br />Last quarter our office worked on an enforcement action involving a large capacity well owned by Dean Goss after receiving a complaint that the well was using more water than allowed
<br /> by the Final Permit. Staff and Mr. Goss have corresponded and had a meeting dealing with what amount of annual diversions are allowed by the Final Permit. Staff has sent a letter
<br /> to Mr. Goss informing him Staff’s position on the allowed annual diversions under the Final Permit and requesting that diversion records be provided.
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<br />It was reported that Travis Amendt was using a small capacity well to fill a pond on his property. A show cause letter was sent to Mr. Amendt and he responded, claiming the well is
<br /> not used for those purposes. He signed a Well Permit Compliance Notice, agreeing to use the well for only the uses allowed under the permit. Staff plans to perform a field inspection
<br /> in the coming spring to ensure compliance.
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<br />A complaint was received from the Upper Black Squirrel Creek GWMD that Mildred Duncan had obtained a replacement well permit based on false claims of ownership of the original well permit.
<br /> Staff has been corresponding with Ms. Duncan and the District to establish the validity of the disputed claims. A field inspection is being scheduled.
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<br />Kiowa Bijou
<br />Shayne Schultz was discovered to be in violation of his domestic well permit, using the well for small capacity commercial uses. Mr. Schultz has been contacted, and he has agreed to
<br /> use the well for domestic purposes only. A field inspection will be performed in the coming spring to verify compliance.
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<br />It was reported that William Thomas was using an irrigation well with a cancelled well permit. A field inspection was performed, and it was determined that well has been abandoned and
<br /> it is not in use. The enforcement action has been closed.
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<br />It was reported that Nancy Herter and Richard Huffsmith have been using a commercial well for irrigation purposes without a permit. The owners have been contacted and we are awaiting
<br /> their response.
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<br />North Kiowa Bijou GWMD:
<br />Last quarter staff worked on an enforcement action involving a number of cancelled irrigation well permits owned by Freund Investments. The Ground Water Commission previously ordered
<br /> the wells to be plugged and abandoned and cancelled, however the wells continued to be used and false abandonment reports were submitted to our office. A show cause letter was sent
<br /> to Freund Investments and they agreed to properly plug and abandon the wells and cease their use. Staff plans to verify the plugging and abandonment of these wells in the first week
<br /> of November.
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<br />Pauls Development East LLC has been operating large capacity wells without first meeting the well administration requirements outlined in their Change of Use Findings and Orders. Water
<br /> measurement devices have not been installed on the wells, and they are currently not under contract with a 3rd party for the meter administration. A show cause has been sent out and
<br /> we are waiting for a response.
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<br />On September 21, 2010, a field inspection was performed to address some potential violations of two large capacity wells owned by Dale Arnold and construction of an unpermitted pond-well.
<br /> Multiple violations were discovered during this inspection, and staff is currently drawing up an enforcement letter.
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<br />Miscellaneous
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<br />Concerning the petition to create a new Upper Spring Creek Designated Basin (case no. 09-GW-14). In addition to the petitioner 2 parties requested party status. The petitioner and
<br /> an objector requested the fact finding hearing before the Hearing Officer scheduled for January 2011 be vacated to allow the petitioner and an objector to collect additional data, determine
<br /> the affects the proposed designation would have on the water rights of the objector, and discuss a potential agreement concerning the water resources in the proposed basin and whether
<br /> the Commission should approve the proposed basin.
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<br />KVH
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<br />Memorandum
<br />Upcoming Commission Meeting
<br />Page 2
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<br />DENNIS W. CORYELL, CHAIRMAN, Burlington; COREY M. HUWA, VICE-CHAIRMAN, Roggen; GRANT H. BLEDSOE, Wray; VIRGIL VALDEZ, Alamosa;
<br />C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan;
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<br />Staff Activity Report Page 3
<br />November 19, 2010 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 4
<br />Quarterly Commission Staff Activity Report
<br />November 8, 2010
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<br />W:\GWC Meetings\2010-11Nov\StaffReport_2010Nov.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 />August 20, 2010 Commission Meeting
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<br />Memorandum to Hal Simpson Page 5
<br />Quarterly Commission Staff Activity Report
<br />November 8, 2010
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<br />W:\GWC Meetings\2010-11Nov\StaffReport_2010Nov.doc
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<br />StaffReport_2010Nov.pdf
<br />StaffReport2010Nov.pdf
<br />2010.11.19 09-GW-13 Findings of Fact.pdf
<br />2010.11.19 Attendance Record.pdf
<br />2010.11.19 Catering Bill.pdf
<br />2010.11.19 Meeting Attendance Staff.pdf
<br />2010.11.19 Record of Proceedings.pdf
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