DWR_3353962 - Laserfiche WebLink

Home Search

already been litigated in this very case. The parties are now looking at whether an amended motion for declaratory judgment is warranted now that Meridian is in the case, however it appears Meridian just appealed the award of attorney fees and has requested a stay until the matter of fees is resolved. cherokee metropolitan district Case No. 08-GW-78 09-GW-15</w:t></w:r></w Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody 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 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: 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 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 District, and09GW03, another application for determination of water right (discussed below). This motion was denied by the hearing officer. Status: The hearing officer will set 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: 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 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 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 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: 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 were for use in the replacement plan in 08GW71. The matter is stayed pending</ resolution of the motion for declaratory judgment in 98CW80. Gallegos, Reinaldo, et al Case No. 03-GW-06 Designated Basin: Upper Crow Creek Management District: Before: District Court Attorney: Pat Kowaleski Subject: Petition to de-designate portions of the Upper Crow Creek Designated Ground Water Basin. Background: The petitioners originally 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 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 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, using information that was not before the Commission at the time of designation, that pumping 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, and this petition to de-designation a portion of the designated basin was filed with the Commission on August 11, 2010. Status: Petitioners have appealed the Commission’s denial of the petition. The District Court in Greeley has set a 10 day trial, in February 2014, for de novo review of the Commission’s decision to deny the Gallegos request to alter the boundaries of the Upper Crow Creek Designated Basin. The parties have provided the Court with their analyses of the meaning of de novo review, and Mr. Kowaleski has asserted that the Court should not consider any issues that have not first been considered by the Commission. A copy of Mr. Kowaleski’s position paper that was filed with the Court is available upon request. < < WILLIAM GREATHOUSE Case No. 11-GW-06 Designated Basin: Southern High Plains Management District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele 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 matter is stayed while applicant applies for supplemental permit for the additional acreage. NKB Objections Designated Basin: North Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: In a number of cases, the North Kiowa-Bijou Ground Water Management District is objecting to the issuance of the final permit because of a failure of the pemits/wells to be included in the records of the assessor of Adams County. The District contends that failure of such registration and payment of the annual assessment on said wells is evidence of abandonment. The District is the only objector in each instance. Status: Many applicants against whom the District has filed an objection to the issuance of the final permit simply pay $500 or otherwise settle and the District withdraws its objection. So far all matters have been resolved without the need for a hearing. meridian service metro district Case No. 12-GW-10 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: An application for junior surface and storage rights was filed in water court (10CW95), however objectors argue that the claimed water is actually designated ground water since if not for the diversion, it would recharge the basin. Since only the Commission has the authority to decide when water is designated basin water, the matter is now before the Commission to make this determination. Status: The hearing was held January 22 - 24, 2013 before the Hearing Officer. <Written closing arguments are due February 4, 2013 and then the matter will be fully before the Hearing Officer. < JAMES HUMECase No. 12-GW-27 Designated Basin: Southern High PlainsManagement District: Southern High PlainsAttorney: Jen Mele Subject: Mr. Hume is objecting to the amount of water in the final permits for wells associated with Permit Nos. 15906-F, 16087-F, 17144-F and 20268-F. Mr. Hume claims he is entitled to water diverted at alternate points for the four wells. Since Mr. Hume never formally requested and obtained the ability to use alternate points of diversion for the wells, Staff’s position is that the permitted amounts cannot take into account historical diversions at other locations. Status: A hearing has been set for February 12, 2013 LOST CREEK DAIRYCase No. 12-GW-28 Designated Basin: Lost CreekManagement District: Lost CreekAttorney: Jen Mele Subject: Application to appropriate ground water from the Laramie-Fox Hills aquifer. An objection was filed by the Lost Creek Ground Water Management District and the Lost Creek Land and Cattle Company and Equus Farms Inc. intervened in the matter in order to file objections to the application. < Status: A hearing has been set for May 15-17, 2013. DARYL BOWIN Designated Basin: Camp Creek Case No. 12-GW-29 Management District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Application for new appropriation. An Objection has been filed by Kenneth L. Wahl, P.E. Mr. Wahl’s objection was primarily for the purpose of arguing that the Camp Creek Designated Ground Water Basin was improperly designated, since a portion of the Ogallala aquifer is within the Camp Creek Basin, which the Commission has not determined to be over-appropriated, instead of the Northern High Plains Designated Ground Water Basin, which the Commission has determined to be over-appropriated. Status: A hearing was scheduled for March 5, 2013, however the matter was dismissed on summary judgment. The Hearing Officer found that <the issues presented by Mr. Hume were outside of the scope of the matter at issue. < 5 6 AG Report2013-1-31.pdfATTORNEY GENERAL’S REPORT ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission February 15, 2013 The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of February 1, 2013. 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 Attorney: Jen Mele Subject: 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, along with four other water users in the basin. A hearing was held for 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 scheduled for August 3 through 7, 2009 was vacated following a ruling from the Division 2 Water Court regarding Cherokee’s use of some of its wells, subject to further negotiations and amendment of the proposed replacement plan. This case was consolidated with change cases 08GW78 and 09GW15, and the trial was set to continue in January 2010 Status: In November 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 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 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 judgment is resolved. The preliminary injunction was granted. Meridian moved to intervene but that motion was denied, the issue appealed to the Supreme Court and the decision reversed. Meridian also moved to dismiss the case for lack of jurisdiction and the Supreme Court awarded the District attorney fees as a result, since the issue has already been litigated in this very case. The parties are now looking at whether an amended motion for declaratory judgment is warranted now that Meridian is in the case, however it appears Meridian just appealed the award of attorney fees and has requested a stay until the matter of fees is resolved. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-78 09-GW-15 Designated Basin: Upper Black Squirrel Creek 2 Management District: Upper Black Squirrel Creek Before: Jody 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 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: 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 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 District, and09GW03, another application for determination of water right (discussed below). This motion was denied by the hearing officer. Status: The hearing officer will set 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: 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 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 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 METRO DISTRICT Case No. 09-GW-11 3 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: 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 were for use in the replacement plan in 08GW71. The matter is stayed pending resolution of the motion for declaratory judgment in 98CW80. GALLEGOS, REINALDO, ET AL Case No. 03-GW-06 Designated Basin: Upper Crow Creek Management District: Before: District Court Attorney: Pat Kowaleski Subject: Petition to de-designate portions of the Upper Crow Creek Designated Ground Water Basin. Background: The petitioners originally 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 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 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, using information that was not before the Commission at the time of designation, that pumping 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, and this petition to de-designation a portion of the designated basin was filed with the Commission on August 11, 2010. Status: Petitioners have appealed the Commission’s denial of the petition. The District Court in Greeley has set a 10 day trial, in February 2014, for de novo review of the Commission’s decision to deny the Gallegos request to alter the boundaries of the Upper Crow Creek Designated Basin. The parties have provided the Court with their analyses of the meaning of de novo review, and Mr. Kowaleski has asserted that the Court should not consider any issues that have not first been considered by the Commission. A copy of Mr. Kowaleski’s position paper that was filed with the Court is available upon request. WILLIAM GREATHOUSE Case No. 11-GW-06 Designated Basin: Southern High Plains Management District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele 4 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 matter is stayed while applicant applies for supplemental permit for the additional acreage. NKB OBJECTIONS Designated Basin: North Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: In a number of cases, the North Kiowa-Bijou Ground Water Management District is objecting to the issuance of the final permit because of a failure of the pemits/wells to be included in the records of the assessor of Adams County. The District contends that failure of such registration and payment of the annual assessment on said wells is evidence of abandonment. The District is the only objector in each instance. Status: Many applicants against whom the District has filed an objection to the issuance of the final permit simply pay $500 or otherwise settle and the District withdraws its objection. So far all matters have been resolved without the need for a hearing. MERIDIAN SERVICE METRO DISTRICT Case No. 12-GW-10 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: An application for junior surface and storage rights was filed in water court (10CW95), however objectors argue that the claimed water is actually designated ground water since if not for the diversion, it would recharge the basin. Since only the Commission has the authority to decide when water is designated basin water, the matter is now before the Commission to make this determination. Status: The hearing was held January 22 - 24, 2013 before the Hearing Officer. Written closing arguments are due February 4, 2013 and then the matter will be fully before the Hearing Officer. JAMES HUME Case No. 12-GW-27 Designated Basin: Southern High Plains Management District: Southern High Plains Attorney: Jen Mele Subject: Mr. Hume is objecting to the amount of water in the final permits for wells associated with Permit Nos. 15906-F, 16087-F, 17144-F and 20268-F. Mr. Hume claims he is entitled to 5 water diverted at alternate points for the four wells. Since Mr. Hume never formally requested and obtained the ability to use alternate points of diversion for the wells, Staff’s position is that the permitted amounts cannot take into account historical diversions at other locations. Status: A hearing has been set for February 12, 2013 LOST CREEK DAIRY Case No. 12-GW-28 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: Application to appropriate ground water from the Laramie-Fox Hills aquifer. An objection was filed by the Lost Creek Ground Water Management District and the Lost Creek Land and Cattle Company and Equus Farms Inc. intervened in the matter in order to file objections to the application. Status: A hearing has been set for May 15-17, 2013. DARYL BOWIN Designated Basin: Camp Creek Case No. 12-GW-29 Management District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Application for new appropriation. An Objection has been filed by Kenneth L. Wahl, P.E. Mr. Wahl’s objection was primarily for the purpose of arguing that the Camp Creek Designated Ground Water Basin was improperly designated, since a portion of the Ogallala aquifer is within the Camp Creek Basin, which the Commission has not determined to be overappropriated, instead of the Northern High Plains Designated Ground Water Basin, which the Commission has determined to be over-appropriated. Status: A hearing was scheduled for March 5, 2013, however the matter was dismissed on summary judgment. The Hearing Officer found that the issues presented by Mr. Hume were outside of the scope of the matter at issue. Agenda2013Feb.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 15, 2013 1313 Sherman St., Room 318 Denver, CO 80203 A G E N D A Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of November 16, 2012 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Presentation of 2012 ground water level measurements by Ralf Topper Hearing on a request by Mary Ellen Hardwick for a variance to Rule 7.3.1, 7.3.2, and 7.3.4 to allow for the relocation of a well, permit no. 23205-FP, to a point greater than 300 feet from the originally permitted location without consideration of historical withdrawals and depletions to the aquifer and without comparing the saturated thickness of the two sites Staff Report by Keith Vander Horst 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 to Agenda Item No. 14 for discussion in Executive Session if the Board has questions about the litigation. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Jack Dowell Arikaree GWMD by Rod Mason Plains and East Cheyenne GWMDs by BreAnn Ferguson Southern High Plains GWMD by Max Smith North KiowaBijou GWMD by Robert Loose Upper Black Squirrel GWMD by Tim Hunker Upper Big Sandy GWMD by Dave Taussig Lost Creek GWMD by Thomas Sauter Upper Crow Creek Basin by Dan Loyd Republican River Water Conservation District by Deb Daniel Old Business New Business Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION November 16, 2012 Agenda2013Feb.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of November 16, 2012 4. Report of the Executive Director by State Engineer Dick Wolfe 5. Commissioners’ Reports 6. Presentation of 2012 ground water level measurements by Ralf Topper 7. Hearing on a request by Mary Ellen Hardwick for a variance to Rule 7.3.1, 7.3.2, and 7.3.4 to allow for the relocation of a well, permit no. 23205-FP, to a point greater than 300 feet from the originally permitted location without consideration of historical withdrawals and depletions to the aquifer and without comparing the saturated thickness of the two sites 8. Staff Report by Keith Vander Horst 9. 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 to Agenda Item No. 14 for discussion in Executive Session if the Board has questions about the litigation. 10. 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 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 Tim Hunker h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek GWMD by Thomas Sauter j. Upper Crow Creek Basin by Dan Loyd k. Republican River Water Conservation District by Deb Daniel 11. Old Business 12. New Business 13. Public Comments 14. Executive Session (if needed) 15. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 15, 2013 1313 Sherman St., Room 318 Denver, CO 80203 A G E N D A Agenda2013FebDraft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 15, 2013 1313 Sherman St., Room 318 Denver, CO 80203 A G E N D A (Draft) Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of November 16, 2012 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Presentation of 2012 ground water level measurements by Ralf Topper Staff Report by Keith Vander Horst 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 to Agenda Item No. 13 for discussion in Executive Session if the Board has questions about the litigation. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Jack Dowell Arikaree GWMD by Rod Mason Plains and East Cheyenne GWMDs by BreAnn Ferguson Southern High Plains GWMD by Max Smith North KiowaBijou GWMD by Robert Loose Upper Black Squirrel GWMD by Tim Hunker Upper Big Sandy GWMD by Dave Taussig Lost Creek GWMD by Thomas Sauter Upper Crow Creek Basin by Scott Tietmeyer Republican River Water Conservation District by Deb Daniel Old Business New Business Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION November 16, 2012 EnforcementReportFebMeeting.docx Enforcement Items and Actions NORTHERN HIGH PLAINS This quarter staff issued 296 overpumping orders for large capacity wells within the Republican River Basin. If you would like a copy of our overpumping spreadsheet, which identifies the well permits, well owners, appropriations, and amounts over, please contact Chris Grimes. The overpumping orders required the following: 1:1 payback (for every acre-foot pumped over a permitted appropriation in 2012, an equal amount will be deducted from the appropriation in 2013) Monthly meter reporting for the 2013 water year (beginning in April and ending November 1st). For the months of July, August, and September, an unbiased 3rd party is required to read the meter and send in the report on the owner’s behalf. Staff anticipates rescinding and/or modifying roughly 10% of these orders based on additional information received from the well owners. Marks Butte GWMD 12 overpumping orders issued. Frenchman GWMD 33 overpumping orders issued. Sand Hills GWMD 57 overpumping orders issued. WY GWMD 48 overpumping orders issued. Central Yuma 62 overpumping orders issued. Arikaree GWMD 43 overpumping orders issued Plains GWMD 18 overpumping orders issued. KIOWA BIJOU North Kiowa Bijou It was reported that John James had constructed a pond that intercepted the ground water table. Staff is currently in the process of working with the district to resolve the matter.< HardwickApplicationAndVarianceRequest.pdf HardwickVarianceObjections.pdf HardwickVarianceStaffMemo.pdf COREY M. HUWA, Chairman, Roggen; GRANT H. BLEDSOE, Vice-Chairman, Wray; STEVE KRAMER, Bethune; VIRGIL VALDEZ, Alamosa; C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan STATE OF COLORADO GROUND WATER COMMISSION Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 http://water.state.co.us John W. Hickenlooper Governor Mike King Executive Director, DNR Dick Wolfe, P.E. Executive Director February 15, 2013 GWC Meeting To: Colorado Ground Water Commission From: Commission Staff RE: Hearing on a request by Mary Ellen Hardwick for a variance to Rules 7.3.1, 7.3.2, and 7.3.4 to allow for the relocation of a well, permit no. 23205-FP, to a point greater than 300 feet from the originally permitted location without consideration of historical withdrawals and depletions to the aquifer and without comparing the saturated thickness of the two sites. The well is located in the Northern High Plains Designated Ground Water Basin and within the Central Yuma Ground Water Management District. The well was constructed in 1978. Final Permit no. 23205-FP was issued in 1987 for a pumping rate of 800 gpm, an annual appropriation of 325 acre-feet, and irrigation 130 acres. On January 4, 2012 Mary Ellen Hardwick submitted an application to relocate permit no. 23205FP to a point approximately 1,361 feet from the permitted location. That application was denied due to Rule 7.3.4. which states that in the Northern High Plains Basin a request to change the location of any well in excess of 300 feet from the original permitted site shall be denied unless there is water available for appropriation at the proposed well location using the methodology described in Rule 5.2.2 (i.e. that water is available under the three mile radius circle criteria). Water was not found to be available for appropriation at that proposed site. On October 19, 2012 Mary Ellen Hardwick submitted a second application (this application) to relocate permit no. 23205-FP to a point approximately 1.1 miles from the permitted location. Along with this application,