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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
<br /> 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
<br /> 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
<br /> designated ground water. The motion was granted and Cherokee has submitted the Complaint for Declaratory Judgment to the Hearing Officer. Status: The Commission was named as a
<br /> defendant and Staff filed a motion to dismiss the Commission as a defendant since the matter is before the Commission. That motion was granted. The matter is set for a 5 day hearing
<br /> scheduled to begin on March 30, 2017. WOODMEN HILLS METRO DIST. Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel
<br /> Attorney: Jen Mele 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
<br /> 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
<br /> 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
<br /> plan filed in 2003 and therefore the original case number was used. Status: This matter is scheduled for a five day hearing to begin on October 31, 2016. STRASBURG SANITATION
<br /> & WATER DISTRICT Case No. 16-GW-1 Designated Basin: Kiowa Bijou Management District: North Kiowa Bijou Attorney: Jen Mele & Michael Toll Subject: Objection by the applicant
<br /> 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
<br /> 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,
<br /> 2017. The 7 hearings are set back-to-back so that the hearing in 16GW2 will begin when the hearing in this case ends. KIOWA WATER & WASTEWATER AUTHORITY Case No. 16-GW-2
<br /> Designated Basin: Kiowa Bijou Management District: North Kiowa Bijou Attorney: Jen Mele Subject: Objection by the applicant to the requirement that the well be subject to final
<br /> 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
<br /> 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
<br /> in this case will begin after the hearing in 16GW1 ends. HUTTON EDUCATIONAL FOUNDATION V. WOLFE, ETAL Case No. 15CW3018 Designated Basin: Northern High Plains Management District:
<br /> 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,
<br /> not just surface rights, 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
<br /> 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
<br /> to the Hutton Complaint on December 16, 2015 and such Motion was granted on January 18, 2016. Status: The case has been set for a three week trial commencing August 21, 2017. The
<br /> case is in its early stages, and the parties have filed a number of initial motions, and those are pending before the Judge.
<br />Agenda2016August.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />Thursday, August 18, 2016
<br />Friday, August 19, 2016
<br />Hotel Elegante
<br />2886 South Circle Drive
<br />Colorado Springs, CO 80906
<br />A G E N D A
<br />Thursday, August 18, 2016, 12:30 p.m.
<br />Tour within the Upper Black Squirrel Creek Designated Basin of the following sites
<br />Cherokee Metropolitan District - wastewater treatment plant
<br />Cherokee Metropolitan District - recharge facility
<br />Blue Springs Subdivision - ponds
<br />Woodmen Hills Metropolitan District and/or Meridian Service Metropolitan District – underdrains and/or ponds
<br />Friday, August 19, 2016, 8:30 am
<br />Determine quorum
<br />Recognition of outgoing Commissioners Larry Clever and Carolyn Burr
<br />Election of Interim Chair and Vice-Chair
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of May 20, 2016
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Staff Report by Keith Vander Horst.
<br />Report of the Attorney General by Jennifer Mele. This is a background briefing on legal issues in the written report.< The Board may refer any item< contained or discussed under this
<br /> topic to Agenda Item No. 15 for discussion in Executive Session.
<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 GWMD by Brandi Baquera
<br />East Cheyenne GWMD by Carolyn Talbert
<br />Southern High Plains GWMD by Blake Gourley
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel Creek GWMD by Tracy Doran
<br />Upper Big Sandy GWMD by Tracy Doran
<br />Lost Creek GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Dan Loyd
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />Consultation regarding the Water Quality Control Commission’s rulemaking to change ground water standards for Total Dissolved Solids in the Upper Black Squirrel Creek alluvial aquifer
<br />New Business
<br />Appointment of Commission representative to the Republican River Water Conservation District
<br />Petition to initiate rulemaking to amend Rule 5.2.9 to determine that the alluvial aquifer, and all of the Fan and White River aquifers, in the Upper Crow Creek Basin are over appropriated
<br />Public Comments
<br />Executive Session (if needed or called for)
<br /> Adjournment
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />August 18 & 19, 2016
<br />Agenda2016August.pdf NOTICE OF GENERAL MEETING OF THE
<br /> Thursday, August 18, 2016, 12:30 p.m. 1. Tour within the Upper Black Squirrel Creek Designated Basin of the following sites a. Cherokee Metropolitan District - wastewater
<br /> treatment plant b. Cherokee Metropolitan District - recharge facility c. Blue Springs Subdivision - ponds d. Woodmen Hills Metropolitan District and/or Meridian Service Metropolitan
<br /> District – underdrains and/or ponds Friday, August 19, 2016, 8:30 am 1. Determine quorum 2. Recognition of outgoing Commissioners Larry Clever and Carolyn Burr 3. Election of Interim
<br /> Chair and Vice-Chair 4. Review and approval of agenda items 5. Approval of Minutes for Meeting of May 20, 2016 6. Report of the Executive Director by State Engineer Dick Wolfe 7.
<br /> Commissioners’ Reports 8. Staff Report by Keith Vander Horst. 9. Report of the Attorney General by Jennifer Mele. This is a background briefing on legal issues in the written report.
<br /> The Board may refer any item contained or discussed under this topic to Agenda Item No. 15 for discussion in Executive Session. 10. District Reports: a. Marks Butte, Frenchman, Sand
<br /> Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains GWMD by Brandi Baquera e. East Cheyenne GWMD by Carolyn Talbert f. Southern
<br /> High Plains GWMD by Blake Gourley NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION Thursday, August 18, 2016 Friday, August 19, 2016 Hotel Elegante 2886 South Circle
<br /> Drive Colorado Springs, CO 80906 A G E N D A NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 18 & 19, 2016 A G E N D A (cont.) g. North Kiowa-Bijou GWMD
<br /> 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.
<br /> Republican River Water Conservation District by Deb Daniel 11. Old Business a. Consultation regarding the Water Quality Control Commission’s rulemaking to change ground water standards
<br /> for Total Dissolved Solids in the Upper Black Squirrel Creek alluvial aquifer 12. New Business a. Appointment of Commission representative to the Republican River Water Conservation
<br /> District b. Petition to initiate rulemaking to amend Rule 5.2.9 to determine that the alluvial aquifer, and all of the Fan and White River aquifers, in the Upper Crow Creek Basin are
<br /> over appropriated 13. Public Comments 14. Executive Session (if needed or called for) 15. Adjournment
<br />Agenda2016AugustDraft.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />8:30 a.m., Friday, August 19, 2016
<br />Hotel Elegante
<br />2886 South Circle Drive
<br />Colorado Springs, CO 80906
<br />A G E N D A - Draft
<br />Determine quorum
<br />Recognition of outgoing Commissioners Larry Clever and Carolyn Burr
<br />Election of Interim Chair and Vice-Chair
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of May 20, 2016
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Hearing on the appeal from the Initial Decision of the Hearing Officer in the matter of an application by Gayln Einsphar for a reduction in permitted acres and annual appropriation for
<br /> permits nos. 13530-FP & 16927-FP, Case no. 15-GW-10
<br />Staff Report by Keith Vander Horst.
<br />Report of the Attorney General by Jennifer Mele. This is a background briefing on legal issues in the written report.< The Board may refer any item< contained or discussed under this
<br /> topic to Agenda Item No. 15 for discussion in Executive Session.
<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 GWMD by Brandi Baquera
<br />East Cheyenne GWMD by Carolyn Talbert
<br />Southern High Plains GWMD by Blake Gourley
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel Creek GWMD by Tracy Doran
<br />Upper Big Sandy GWMD by Tracy Doran
<br />Lost Creek GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Dan Loyd
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />New Business
<br />Appointment of Commission representative to the Republican River Water Conservation District, by Deb Daniel
<br />Petition to initiate rulemaking to amend Rule 5.2.9 to determine that the alluvial aquifer, and all of the Fan and White River aquifers, in the Upper Crow Creek Basin are over appropriated,
<br /> by Andy Jones
<br />Enforcement action regarding wells owned by Donald Booker in the Upper Black Squirrel Creek Basin, by Dean Goss (or his representative)
<br />Public Comments
<br />Executive Session (if needed or called for)
<br /> Adjournment
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />August 19, 2016
<br />Agenda2016AugustDraft.pdf NOTICE OF GENERAL MEETING OF THE
<br /> 1. Determine quorum 2. Recognition of outgoing Commissioners Larry Clever and Carolyn Burr 3. Election of Interim Chair and Vice-Chair 4. Review and approval of agenda
<br /> items 5. Approval of Minutes for Meeting of May 20, 2016 6. Report of the Executive Director by State Engineer Dick Wolfe 7. Commissioners’ Reports 8. Hearing on the appeal from
<br /> the Initial Decision of the Hearing Officer in the matter of an application by Gayln Einsphar for a reduction in permitted acres and annual appropriation for permits nos. 13530-FP &
<br /> 16927-FP, Case no. 15-GW-10 9. Staff Report by Keith Vander Horst. 10. Report of the Attorney General by Jennifer Mele. This is a background briefing on legal issues in the written
<br /> report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 15 for discussion in Executive Session. 11. District Reports: a. Marks Butte, Frenchman,
<br /> Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains GWMD by Brandi Baquera e. East Cheyenne GWMD by Carolyn Talbert f.
<br /> 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
<br /> Creek GWMD by Thomas Sauter k. Upper Crow Creek Basin by Dan Loyd l. Republican River Water Conservation District by Deb Daniel 12. Old Business a. NOTICE OF GENERAL MEETING OF THE
<br /> COLORADO GROUND WATER COMMISSION 8:30 a.m., Friday, August 19, 2016 Hotel Elegante 2886 South Circle Drive Colorado Springs, CO 80906 A G E N D A - Draft NOTICE OF GENERAL MEETING
<br /> OF THE COLORADO GROUND WATER COMMISSION August 19, 2016 A G E N D A (cont.) - DRAFT 13. New Business a. Appointment of Commission representative to the Republican River Water
<br /> Conservation District, by Deb Daniel b. Petition to initiate rulemaking to amend Rule 5.2.9 to determine that the alluvial aquifer, and all of the Fan and White River aquifers, in the
<br /> Upper Crow Creek Basin are over appropriated, by Andy Jones c. Enforcement action regarding wells owned by Donald Booker in the Upper Black Squirrel Creek Basin, by Dean Goss (or his
<br /> representative) 14. Public Comments 15. Executive Session (if needed or called for) 16. Adjournment
<br />August 2016 Enforcement Report.docx
<br />Enforcement Items and Actions
<br />For the period of May - August staff responded to thirteen complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and subsequent field
<br /> inspections were utilized to verify compliance.
<br />The two matters described below were verified to be violations occurring last quarter and have been addressed by staff.
<br />KIOWA BIJOU
<br />Randy and Lora Saindon were verified to be using a small capacity well to fill a pond. Mr. Saindon has severed the connection between the well and the pond. This has been verified by
<br /> staff. <Follow-up inspections may be required to verify ongoing compliance. <
<br />Dwayne Winant was verified to be using a small capacity well in the Denver aquifer for commercial purposes in a greenhouse. Mr. Winant has applied for a determination of water right
<br /> and intends to change the use of the Denver well upon issuance of the water right.
<br />CrowCreekPetition_Exhibit A - Crow Creek Map.pdf
<br />EXHIBIT A - CROW CREEK RULEMAKING PETITION
<br />CrowCreekPetition_Exhibit B - Wells.pdf
<br />EXHIBIT B – CROW CREEK RULEMAKING PETITION Page 1 of 5 LOYD WELLS Name Permit Number Use Permitted Acres Aquifer 1 LOYD FARMS 16236-F IRRIGATION 140 ALL UNNAMED AQUIFERS 2 LOYD
<br /> FARMS 4886-F IRRIGATION 140 ALL UNNAMED AQUIFERS 3 LOYD FARMS 9189-F IRRIGATION 133 ALL UNNAMED AQUIFERS 4 LOYD FARMS 13896-F IRRIGATION 67 ALL UNNAMED AQUIFERS 5 LOYD FARMS 13897-F
<br /> IRRIGATION 134 ALL UNNAMED AQUIFERS 6 LOYD FARMS 14645-F IRRIGATION 100 ALL UNNAMED AQUIFERS 7 LOYD JESSE E 16334-F IRRIGATION 480 ALL UNNAMED AQUIFERS 8 LOYD JESSE E 16344-F IRRIGATION
<br /> 160 WHITE RIVER 9 LOYD JESSE E 20522-F IRRIGATION 360 WHITE RIVER 10 LOYD JESSE E 21497-F IRRIGATION 135 WHITE RIVER 11 LOYD FARMS 22089-F IRRIGATION 135 WHITE RIVER 12 LOYD FARMS
<br /> 22090-F IRRIGATION 135 WHITE RIVER 13 LOYD JESSE E 16345-F IRRIGATION 160 WHITE RIVER 14 LOYD FARMS GENERAL PARTNERSHIP 157438 COMMERCIAL N/A ALL UNNAMED AQUIFERS EXHIBIT B – CROW
<br /> CREEK RULEMAKING PETITION Page 2 of 5 15 TAPPY LEE A 12102-R IRRIGATION 80 ALL UNNAMED AQUIFERS 16 TAPPY LEE A 12103-R IRRIGATION 80 ALL UNNAMED AQUIFERS 17 TAPPY LEE A 6900-F IRRIGATION
<br /> 425 ALL UNNAMED AQUIFERS 18 TAPPY LEE A 6901-F IRRIGATION 425 ALL UNNAMED AQUIFERS 19 TAPPY LEE A 2161-F IRRIGATION 425 ALL UNNAMED AQUIFERS 20 DEERCO LLC 4920-F IRRIGATION 140 ALL
<br /> UNNAMED AQUIFERS EXHIBIT B – CROW CREEK RULEMAKING PETITION Page 3 of 5 TIETMEYER WELLS Name Permit Number Use Permitted Acres Aquifer 1 TIETMEYER VONDA JEAN 10460-F IRRIGATION
<br /> 130 WHITE RIVER 2 TIETMEYER CLARENCE 13183-F IRRIGATION 150 ALL UNNAMED AQUIFERS 3 TIETMEYER SCOTT W & PAULA 13184-F IRRIGATION 150 ALL UNNAMED AQUIFERS EXHIBIT B – CROW CREEK
<br /> RULEMAKING PETITION Page 4 of 5 BCK HEATH PROPERTY, LLC WELLS Name Permit Number Use Permitted Acres Aquifer 1 BCK HEATH PROPERTY LLC 22173-F IRRIGATION 320 WHITE RIVER 2 BCK HEATH
<br /> PROPERTY LLC 21287-F IRRIGATION 160 WHITE RIVER 3 BCK HEATH PROPERTY LLC 23872-FP IRRIGATION 160 WHITE RIVER 4 BCK HEATH PROPERTY LLC 24290-FP IRRIGATION 128 WHITE RIVER 5 BCK HEATH
<br /> PROPERTY LLC 24658-F IRRIGATION 128 WHITE RIVER 6 BCK HEATH PROPERTY LLC 24657-F IRRIGATION 509 WHITE RIVER 7 BCK HEATH PROPERTY LLC 28989-F IRRIGATION 509 WHITE RIVER 8 BCK HEATH
<br /> PROPERTY LLC 40461-F IRRIGATION 320 WHITE RIVER 9 BCK HEATH PROPERTY LLC 21287-F IRRIGATION 160 ALL UNNAMED AQUIFERS 10 BCK HEATH PROPERTY LLC 22173-FP IRRIGATION 128 ALL UNNAMED
<br /> AQUIFERS 11 BCK HEATH PROPERTY LLC 77266-F IRRIGATION 110 WHITE RIVER EXHIBIT B – CROW CREEK RULEMAKING PETITION Page 5 of 5 ZITEK WELLS Name Permit Number Use Permitted Acres
<br /> Aquifer 1 ZITEK VERA S 22806-F IRRIGATION 160 WHITE RIVER 2 ZITEK DENNIS 37875-F IRRIGATION 160 WHITE RIVER 3 ZITEK DENNIS 93400-VE COMMERCIAL N/A ALL UNNAMED AQUIFERS 4 ZITEK DENNIS
<br /> 93404-VE COMMERCIAL N/A ALL UNNAMED AQUIFERS
<br />CrowCreekPetition_Exhibit C - Trends.pdf
<br />EXHIBIT C - CROW CREEK RULEMAKING PETITION
<br />CrowCreekPetition_Petition to Amend Rule 160805.pdf Microsoft Word - Crow Creek - Petition to Amend Rule FINAL
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