DWR_3364064 - Laserfiche WebLink

the trial parties negotiated a manner in which to calculate evapotranspiration arising from use of the recharge structures. The Hearing Officer issued his Findings of Fact, Conclusions of Law and Initial Decision of the Hearing Officer on May 16, 2017, and amended Exhibit 5 to the Initial Decision on May 31, 2017. CHEROKEE METRO DIST v. GROUND Case No. 15CW3028 WATER COMMISSION and UPPER BLACK 15GW15 SQUIRREL CREEK GROUND WATER MANAGEMENT DIST Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Attorney: Jen Mele 5 Subject: Cherokee Metropolitan District originally filed a Complaint for Declaratory Judgment in district court seeking a determination as to the legal uses of Cherokee Well Nos. 1-8, specifically a finding that those wells can legally be used both inside and outside the designated basin and that irrigation use is not limited to the acreage that was specified in the statement of claim filed with the original application. Defendants filed a Motion to Dismiss, arguing that the Ground Water Commission has jurisdiction over this determination since the subject rights are designated ground water. The motion was granted and Cherokee has submitted the Complaint for Declaratory Judgment to the Hearing Officer. Status: The matter was set for a 5 day hearing scheduled to begin on March 30, 2017. On January 9, 2017, both Cherokee and the Upper Black Squirrel Creek Ground Water Management District filed motions for summary judgment asking the Hearing Officer to decide the main controversy in the case, the proper place of use of Cherokee Well Nos. 1-8. The parties requested and received a stay in the proceedings to allow time to negotiate a resolution. On July 12, 2017 the parties submitted a stipulated proposed Findings of Fact, Conclusions of Law, and Initial Order of the Hearing Officer for the Colorado Ground Water Commission to the Hearing Officer and that Order was signed by the Hearing Officer on July 17, 2017. WOODMEN HILLS METRO DIST. Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: Philip Lopez Subject: Application for a replacement plan for depletions resulting from the pumping of 16 wells. Objections were filed by the Upper Black Squirrel Creek Ground Water Management District, Wayne E. Booker Revocable Living Trust and the Frances G. Booker Revocable Living Trust, Dan Farmer, Joe Farmer, Jr., Jerry Farmer, Teresa Farmer, Edna Farmer and the Farmer Family Pipeline Company and Staff. This application is technically a republication required by the hearing officer in 2005 to include additional structures to the replacement plan filed in 2003 and therefore the original case number was used. Status: The applicant filed a motion to postpone the hearing that was set for October 31, 2016 in order to include additional structures causing depletions and the concept of using recharge facilities in its replacement plan. A five day hearing is set for December 4, 2017. Applicant filed their 26(a)(2) expert disclosures on May 17, 2017, and supplemental disclosures on June 19, 2017. Opposers’ 26(a)(2) expert disclosures are due August 14, 2017. STRASBURG SANITATION & WATER DISTRICT Case No. 16-GW-1 Designated Basin: Kiowa Bijou Management District: North Kiowa Bijou Attorney: Michael Toll 6 Subject: Objection by the applicant to the requirement that the well be subject to final permitting requirements and to the reduction of the annual appropriation upon issuance of the final permit for the well with permit no. 2642-F. Status: This matter in conjunction with the Kiowa Water & Wastewater Authority, case no. 16GW2, is set for a four day hearing scheduled to begin on May 22 – 25, 2017. The hearings are set back-to-back so that the hearing in 16GW2 will begin when the hearing in this case ends. The applicant filed a motion for summary judgment on August 23, 2016, seeking a determination from the Commission that the original permit issued for the subject well in 1960 is the final permit and therefore the requirements of § 37-90-107, i.e. issuance of a final permit based on actual beneficial use of the well, do not apply. Staff argued in its response that all wells, including the subject well, are subject to diversion limits based on actual beneficial use. The Hearing Officer denied the applicant’s motion. Staff and Strasburg reached a settlement, agreeing that the maximum amount of water Strasburg put to beneficial use was 15.4 acre feet, but reserving Strasburg’s right to appeal the denial of its Motion for Summary Judgment. Strasburg filed its Notice of Appeal on May 30, 2017. Oral argument before the Ground Water Commission will be held at the November 3, 2017 meeting. KIOWA WATER & WASTEWATER AUTHORITY Case No. 16-GW-2 Designated Basin: Kiowa Bijou Management District: North Kiowa Bijou Attorney: Michael Toll Subject: Objection by the applicant to the requirement that the well be subject to final permitting requirements and to the reduction of the annual appropriation upon issuance of the final permit for the well with permit no. 2794-F. Status: This matter in conjunction with the Strasburg Sanitation & Water District, case no. 16GW1, is set for a four day hearing scheduled to begin on May 22-25, 2017. The hearings are set back-to-back so that the hearing in this case will begin after the hearing in 16GW1 ends. The applicant filed a motion for summary judgment on August 23, 2016, seeking a determination from the Commission that the original permit issued for the subject well in 1960 is the final permit and therefor the requirements of § 37-90-107, i.e. issuance of a final permit based on actual beneficial use of the well, do not apply. Staff argued in its response that all wells, including the subject well, are subject to diversion limits based on actual beneficial use. The Hearing Officer denied the applicant’s motion and because the applicant indicated it intended to offer evidence at trial as to intended future use of the well, on February 3, 2017 Staff filed a motion for summary judgment arguing that evidence considered by the Commission must be limited to evidence of the extent of actual beneficial use of the water and that evidence of future projected water demand is not relevant for the purpose of issuance of the final permit. The Hearing Officer denied Staff’s Motion, holding that the great and growing cities doctrine applies to Kiowa’s final permit, and that the hearing should proceed to hear evidence of Kiowa’s future 7 projected water use. A hearing before the Hearing Officer was held on May 22, 2017. On June 9, 2017, the Hearing Officer entered an Initial Decision holding that the maximum amount obtainable through the final permitting process for Kiowa’s well is 132.5 acre-feet per year. Kiowa filed its Notice of Appeal on July 6, 2017. Oral argument before the Ground Water Commission will be held at the November 3, 2017 meeting. Meridian Service Metropolitan District Case No. 16-GW-05 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: Michael Toll Subject: Petition for determination of jurisdiction pertaining to surface water in Pond B and Pond C. Status: This matter was filed on December 16, 2016 and no deadlines have been set. Upper Black Squirrel Creek GWMD and Booker Trusts are the only parties that have expressed interest in being parties, and Booker Trusts only to monitor the case. The Staff met informally with Upper Black Squirrel Creek GWMD and Meridian on May 15 to attempt to resolve all issues. The parties agree that the subject water is designated ground water, and are now just working on drafting a stipulated proposed order of the Ground Water Commission. HUTTON EDUCATIONAL FOUNDATION V. REIN, ET AL. Case No. 15CW3018 Designated Basin: Northern High Plains Management District: Attorney: Chad Wallace, Pat Kowaleski Subject: Lawsuit filed by the Hutton Educational Foundation in an effort to make the State Engineer administer designated ground water rights and surface rights together for the purpose of compact compliance under the Republican River Compact. Complaint also alleges that SB-52, which revised 37-90-106 to limit how designated basin boundaries may be modified, and the Colorado Groundwater Management Act of 1965, are unconstitutional. The Ground Water Commission filed a Motion to Intervene and an Answer to the Hutton Complaint on December 16, 2015 and such Motion was granted on January 18, 2016. Status: The Commission filed a motion to dismiss the second and third claims in which Hutton asserted that the Management Act and SB-52, amending the Act, were unconstitutional. The water court agreed and dismissed the second claim and part of the third claim. The water court held that it does not have jurisdiction over designated ground water and that the Commission must first determine whether designated ground water is implicated, and therefore the issue was not ripe. Hutton sought certification of the dismissal for appeal to the Colorado Supreme Court. The trial court certified its order of dismissal for appeal and stayed the remaining claims until the appeal is resolved. Hutton 8 has identified the issues for appeal to include the trial court’s dismissal and the underlying question of whether SB 10-52, amending the Management Act, is unconstitutional. Some of the defendants, joined by the Commission, filed a motion with the Supreme Court to limit the issues on appeal to the dismissal, and to exclude any arguments on the constitutionality of Management Act statutes. The Supreme Court granted the motion to limit the appeal to the water court’s dismissal. Briefing on the appeal is now completed. The Supreme Court has not yet set a date for oral argument. LOST CREEK DAIRY, LLC Case Nos. 17GW02 and 03 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Philip Lopez Subject: Applications by Lost Creek Dairy for change of use of wells to add irrigation use. Objection filed by Lost Creek Ground Water Management District. Status: Parties have reached settlement and are waiting for Management District board’s final approval of stipulations. Agenda2017Aug.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION Thursday, August 10, 2017 Friday, August 11, 2017 Garfield County Library 815 Cooper Avenue Glenwood Springs, CO 81601 A G E N D A Thursday, August 10, 2017, 12:00 Noon Tour of Rudi Reservoir and Crystal River Fish Hatchery Friday, August 11, 2017, 8:30 am Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of May 18, 2017 Report of the Executive Director by State Engineer Kevin Rein Commissioners’ Reports Staff Report by Keith Vander Horst. Report of the Attorney General by Philip Lopez and Michael Toll. 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. 12 for discussion in Executive Session. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Bryon Mc Call Arikaree GWMD by Rod Mason Plains GWMD by Brandi Baquera East Cheyenne GWMD by Carolyn Talbert Southern High Plains GWMD by Blake Gourley North KiowaBijou GWMD by Robert Loose Upper Black Squirrel Creek GWMD by Tracy Doran Upper Big Sandy GWMD by Tracy Doran Lost Creek GWMD by Thomas Sauter Upper Crow Creek Basin by Dan Loyd Republican River Water Conservation District by Deb Daniel Old Business Status on joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District Proposal to initiate formal process to change Rule 7.4 to require a historical withdrawal and depletion analysis for a change of description of irrigated acres, by Staff Status of stakeholder process, including possible proposal to initiate the formal process, to amend Rule 5.6 regarding replacement plans and Rule 5.8 regarding artificial recharge, storage, and recovery plans Status of proposed amendments to 2 CCR 402-3, Rules of Procedure for All Hearings Before the Colorado Ground Water Commission, by the Hearing Officer Discussion on coordination between Staff and GWMDs, by Commissioner Farmer New Business Public Comments Executive Session (if needed) Adjournment</ NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 10 & 11, 2017 Agenda2017Aug.pdfNOTICE OF GENERAL MEETING OF THE Thursday, August 10, 2017, 12:00 Noon 1. Tour of Rudi Reservoir and Crystal River Fish Hatchery Friday, August 11, 2017, 8:30 am 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of May 18, 2017 4. Report of the Executive Director by State Engineer Kevin Rein 5. Commissioners’ Reports 6. Staff Report by Keith Vander Horst. 7. Report of the Attorney General by Philip Lopez and Michael Toll. 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. 12 for discussion in Executive Session. 8. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Bryon Mc Call c. Arikaree GWMD by Rod Mason d. Plains GWMD by Brandi Baquera e. East Cheyenne GWMD by Carolyn Talbert f. Southern High Plains GWMD by Blake Gourley g. North Kiowa-Bijou GWMD by Robert Loose h. Upper Black Squirrel Creek GWMD by Tracy Doran i. Upper Big Sandy GWMD by Tracy Doran j. Lost Creek GWMD by Thomas Sauter k. Upper Crow Creek Basin by Dan Loyd l. Republican River Water Conservation District by Deb Daniel NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION Thursday, August 10, 2017 Friday, August 11, 2017 Garfield County Library 815 Cooper Avenue Glenwood Springs, CO 81601 A G E N D A NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 10 & 11, 2017 A G E N D A (cont.) 9. Old Business a. Status on joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District b. Proposal to initiate formal process to change Rule 7.4 to require a historical withdrawal and depletion analysis for a change of description of irrigated acres, by Staff c. Status of stakeholder process, including possible proposal to initiate the formal process, to amend Rule 5.6 regarding replacement plans and Rule 5.8 regarding artificial recharge, storage, and recovery plans d. Status of proposed amendments to 2 CCR 402-3, Rules of Procedure for All Hearings Before the Colorado Ground Water Commission, by the Hearing Officer e. Discussion on coordination between Staff and GWMDs, by Commissioner Farmer 10. New Business 11. Public Comments 12. Executive Session (if needed) 13. Adjournment Agenda2017Aug_Draft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION Thursday, August 10, 2017 Friday, August 11, 2017 Garfield County Library 815 Cooper Avenue Glenwood Springs, CO 81601 A G E N D A - DRAFT Thursday, August 10, 2017, 12:00 Noon Tour of Rudi Reservoir and Crystal River Fish Hatchery Friday, August 11, 2017, 8:30 am Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of May 18, 2017 Report of the Executive Director by State Engineer Kevin Rein Commissioners’ Reports Staff Report by Keith Vander Horst. Report of the Attorney General by Philip Lopez and Michael Toll. 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. 12 for discussion in Executive Session. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Bryon Mc Call Arikaree GWMD by Rod Mason Plains GWMD by Brandi Baquera East Cheyenne GWMD by Carolyn Talbert Southern High Plains GWMD by Blake Gourley North KiowaBijou GWMD by Robert Loose Upper Black Squirrel Creek GWMD by Tracy Doran Upper Big Sandy GWMD by Tracy Doran Lost Creek GWMD by Thomas Sauter Upper Crow Creek Basin by Dan Lloyd Republican River Water Conservation District by Deb Daniel Old Business Status on joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District Proposal to initiate formal process to change Rule 7.4 to require a historical withdrawal and depletion analysis for a change of description of irrigated acres, by Staff Status of stakeholder process on proposal to amend Rule 5.6 regarding replacement plans, and Rule 5.8 regarding artificial recharge, storage, and recovery plans Status of proposed amendments to 2 CCR 402-3, Rules of Procedure for All Hearings Before the Colorado Ground Water Commission, by the Hearing Officer Discussion on coordination between Staff and GWMDs, by Commissioner Farmer New Business Public Comments Executive Session (if needed) Adjournment</ NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 10 & 11, 2017 August 2017 GWC Enforcement Report.docx Enforcement Items and Actions For the period of May - August, staff has responded to a variety of complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and subsequent field inspections have been used to verify well permit compliance in many instances. The following matters are believed to be violations associated with the unpermitted/illegal diversion of designated ground water. UPPER BLACK SQUIRREL Upper Black Squirrel Creek GWMD Staff has sent out 24 letters in the last month involving well permit violations associated with the commercial cultivation of marijuana, where it is believed that domestic wells are being illegally used to support the water supply in these commercial grows. The letters, in part, resulted from information supplied by the El Paso County Sherriff. Because Staff has not verified the violation, we have chosen not to include the property owners’ names in this report. However, based on the information provided by the sheriff, our own research, and responses from some of the well owners, we believe many of those well owners in receipt of our letters are indeed violating their well permits. Staff continues to follow the described protocol below to address perceived violations associated with marijuana cultivation: Review the permit file to determine if the use may be allowed. If we believe a violation is occurring, send out a certified show cause letter to the owner. The letter asks the well owner to complete a Well Use Questionnaire and get back to us within 30 days of the letter’s receipt to further discuss the matter. For the time being, if a field inspection is necessary to verify the violation or a cease and desist order is required to be placed on the well staff will postpone that action until we have more direction and resources from state government to safely and effectively address the violations. Juan and Luz Anrade are believed to be impounding water in the Bracket Creek. A show cause letter with a 30 day response period has been sent to the Andrades. We are awaiting their response. Francis and Clayton Nickle are believed to be impounding water in the Bracket Creek. Recent aerial photography shows a pond on the property in question, which appears to be the result of a dam constructed on the creek. A show cause letter with a 30 day response period has been sent to the Andrades. We are awaiting their response. KIOWA BIJOU NKB GWMD It was reported that Darin Baessler has been using a small capacity livestock well in a feedlot and other commercial purposes Staff has investigated the matter and it would appear the well is operating in violation of the permit. A show cause letter was sent to Mr. Baessler. He quickly responded and staff is now working with him to address the matter. Designated Basins - Well Permit Stats.xlsx 1 2 3 4 5 6 7 8 0 0 1001 43 70 35 34 23 4 2 211 1001.1 8 27 16 4 2 57 1001.2 35 52 35 21 19 4 166 1002 11 3 7 7 1 2 18 49 1002.1 2 4 6 1002.2 11 1 7 3 1 2 18 43 1003 5 5 5 3 9 27 1003.1 2 2 4 1003.2 5 3 3 3 9 23 1005 3 1 1 1 6 1005.1 3 1 1 1 6 1009 33 55 33 28 23 3 1 176 1009.1 6 11 3 9 29 1009.2 27 44 30 19 23 3 1 147 1010 12 9 2 2 1 1 27 1010.1 2 1 3 1010.2 10 8 2 2 1 1 24 1012 3 1 1 3 8 1012.1 1 1 2 1012.2 3 3 6 0 214 299 154 159 112 16 10 56 1020 5/1/2017 7/26/2017 1001 1 2017 -999 43 1 1001.1 1 2017 -999 8 1 1001.2 1 2017 -999 35 1 1002 1 2017 -999 11 1 1002.2 1 2017 -999 11 1 1003 1 2017 -999 5 1 1003.2 1 2017 -999 5 1 1005 1 2017 -999 3 1 1005.1 1 2017 -999 3 1 1009 1 2017 -999 33 1 1009.1 1 2017 -999 6 1 1009.2 1 2017 -999 27 1 1010 1 2017 -999 12 1 1010.1 1 2017 -999 2 1 1010.2 1 2017 -999 10 1 1001 2 2017 -999 70 2 1001.1 2 2017 -999 27 2 1001.2 2 2017 -999 52 2 1002 2 2017 -999 3 2 1002.1 2 2017 -999 2 2 1002.2 2 2017 -999 1 2 1003 2 2017 -999 5 2 1003.1 2 2017 -999 2 2 1003.2 2 2017 -999 3 2 1009 2 2017 -999 55 2 1009.1 2 2017 -999 11 2 1009.2 2 2017 -999 44 2 1010 2 2017 -999 9 2 1010.1 2 2017 -999 1 2 1010.2 2 2017 -999 8 2 1012 2 2017 -999 3 2 1012.2 2 2017 -999 3 2 1001 3 2017 -999 35 3 1001.2 3 2017 -999 35 3 1002 3 2017 -999 7 3 1002.2 3 2017 -999 7 3 1005 3 2017 -999 1 3 1005.1 3 2017 -999 1 3 1009 3 2017 -999 33 3 1009.1 3 2017 -999 3 3 1009.2 3 2017 -999 30 3 1012 3 2017 -999 1 3 1012.1 3 2017 -999 1 3 1001 4 2017 -999 34 4 1001.1 4 2017 -999 16 4 1001.2 4 2017 -999 21 4 1002 4 2017 -999 7 4 1002.1 4 2017 -999 4 4 1002.2 4 2017 -999 3 4 1003 4 2017 -999 5 4 1003.1 4 2017 -999 2 4 1003.2 4 2017 -999 3 4 1005 4 2017 -999 1 4 1005.1 4 2017 -999 1 4 1009 4 2017 -999 28 4 1009.1 4 2017 -999 9 4 1009.2 4 2017 -999 19 4 1010 4 2017 -999 2 4 1010.2 4 2017 -999 2 4 1012 4 2017 -999 1 4 1012.1 4 2017 -999 1 4 1001 5 2017 -999 23 5 1001.1 5 2017 -999 4 5 1001.2 5 2017 -999 19 5 1002 5 2017 -999 1 5 1002.2 5 2017 -999 1 5 1003 5 2017 -999 3 5 1003.2 5 2017 -999 3 5 1005 5 2017 -999 1 5 1005.1 5 2017 -999 1 5 1009 5 2017 -999 23 5 1009.2 5 2017 -999 23 5 1010 5 2017 -999 2 5 1010.2 5 2017 -999 2 5 1012 5 2017 -999 3 5 1012.2 5 2017 -999 3 5 1001 6 2017 -999 4 6 1001.2 6 2017 -999 4 6 1009 6 2017 -999 3 6 1009.2 6 2017 -999 3 6 1010 6 2017 -999 1 6 1010.2 6 2017 -999 1 6 1001 7 2017 -999 2 7 1001.1 7 2017 -999 2 7 1002 7 2017 -999 2 7 1002.2 7 2017 -999 2 7 1010 7 2017 -999 1 7 1010.2 7 2017 -999 1 7 1002 8 2017 -999 18 8 1002.2 8 2017 -999 18 8 1003 8 2017 -999 9 8 1003.2 8 2017 -999 9 8 1009 8 2017 -999 1 8 1009.2 8 2017 -999 1 8 1001 1001.1 1001.2 1002 1002.1 1002.2 1003 1003.1 1003.2 1004 1004.1 1004.2 1005 1005.1 1005.2 1008 1008.1 1008.2 1009 1009.1 1009.2 1010 1010.1 1010.2 1012 1012.1 1012.2 Action_num Action Total Applications Received Application Received Non-Exempt</ Non-Exempt Application Received</ Exempt</ Exempt Application Received</ Start End action_num action_name DB Year Mon Cnt designated_basin_num designated_basin_name NORTHERN HIGH PLAINS Non-Exempt Application Received Exempt Application Received Application Unacceptable Exempt Application Unacceptable Application Resubmitted Exempt Application Resubmitted Application Withdrawn Non-Exempt Application Withdrawn Designated Groundwater Basins Permit Issued (New Well) Total Applications Unacceptable Non-Exempt Permit Issued Exempt Permit Issued Non-Exempt Application Unacceptable</ Exempt Application Unacceptable</ Permit Issued (Replacement) Well Application/Permit Activity Log Total Applications Resubmitted Non-Exempt Application Resubmitted</ Exempt Application Resubmitted</ KIOWA-BIJOU Total Applications Denied Application Denied Non-Exempt Application Denied</ Exempt Application Denied</ Total Applications Withdrawn Non-Exempt Application Withdrawn</ Non-Exempt Application Unacceptable Exempt Application Withdrawn</ Total Permits Issued Permit Issued Non-Exempt Permit Issued</ Exempt Permit Issued</ Total Permits Issued (New Well) Non-Exempt Application Resubmitted Total Permits Issued (Replacement) Total Permits Canceled Permit Canceled Non-Exempt Permit Canceled</ Exempt Permit Canceled</ Exempt Permit Canceled SOUTHERN HIGH PLAINS Non-Exempt Permit Canceled UPPER BLACK SQUIRREL CREEK Plains Kiowa B. SHP U Blk Sq. Lst Ck Cmp Ck. U Big Sdy Crow Ck. Total LOST CREEK CAMP CREEK UPPER BIG SANDY UPPER CROW CREEK Grand Total GWC_August_2017_MeetingInformation.pdf HearingOfficersReport2017August.pdf 1 HEARING OFFICER'S REPORT Prepared for the August 18, 2017 meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as of July 20, 2017. Updated/new information is indicated in bold italics. Gaps in case numbering indicate case reported on previously is closed and therefore, removed from the report. Gallegos, Reinaldo etc Case No. 03-GW-06 Designated Basin: Upper Crow Creek Date of request: April 30, 2003 Subject: Petition to de-designate portions of the Upper Crow Ck Designated Basin Status: Hearing Officer issued decision on March 27, 2012. Commission upheld Hearing Officer’s decision. Case appealed to District Court for de novo review (see Case No. 03CV1335, Weld County District Court). District Court upheld Commission’s decision on March 9, 2015. Oral argument before the Supreme Court held on December 6, 2016. Court upheld Commission’s decision, however, Gallegos has petitioned for rehearing. Awaiting court’s decision. Woodmen Hills Metro Dist, Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Date of request: Oct. 30, 2003 Subject: Objection to (3) three applications to appropriate designated 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 and allow the proposed appropriation from the alluvial aquifer. Receipt No 501564-A, B, and C. Status: Amended replacement plan filed and published. Motion to vacate hearing granted. Hearing scheduled for December 4 through 8, 2017. Cherokee Metro & Meridian Svc Dist. Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Date of request: Oct. 15, 2008 Subject: Objection to an application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the Upper Black Squirrel Creek Designated Basin. 2 Status: Two weeks of hearing held June 8th 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. Supreme Court issued a decision on the ability of Meridian to Intervene in the declaratory action regarding the stipulation in 98CW80 and indicated Meridian could intervene and remanded