New Business
<br />Proposal by Staff to initiate the process to change Designated Basin Rules 5.3.6.1.C and .F defining the locations of nontriburary ground water in the Denver and Laramie-Fox Hills aquifers
<br /> in the Lost Creek and Kiowa Bijou Designated Basins
<br />Request by Staff for direction on whether to apply the provision of SB15-183 regarding not re-quantifying historical use of rights that have been previously quantified, including initiation
<br /> of the process to change the rules
<br />Public Comments
<br />Executive Session
<br /> Adjournment</
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />August 21, 2015
<br />Agenda2015Aug.pdf NOTICE OF GENERAL MEETING OF THE
<br /> 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of May 15, 2015 4. Report of the Executive Director by State Engineer Dick Wolfe
<br /> 5. Commissioners’ Reports 6. Presentation about impact of Division 3 Well Use Rules on local water users, by Division 3 Engineer Craig Cotton 7. Staff Report by Keith Vander Horst 8.
<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 9. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell
<br /> c. Arikaree GWMD by Rod Mason d. Plains and East Cheyenne GWMDs by Carey Barnes e. Southern High Plains GWMD by Blake Gourley f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black
<br /> Squirrel Creek GWMD 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
<br /> by Deb Daniel 10. Old Business a. Update on formation of a GWMD in Upper Crow Creek 11. New Business a. Proposal by Staff to initiate the process to change Designated Basin Rules 5.3.6.1.C
<br /> and .F defining the locations of nontriburary ground water in the Denver and LaramieFox Hills aquifers in the Lost Creek and Kiowa Bijou Designated Basins b. Request by Staff for direction
<br /> on whether to apply the provision of SB15-183 regarding not re-quantifying historical use of rights that have been previously quantified, including initiation of the process to change
<br /> the rules 12. Public Comments 13. Executive Session 14. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 8:30 a.m., Friday, August 21, 2015 Herry Andrews
<br /> Training Center, Alamosa County Facilities Room 221, 8900 Independence Way Alamosa, CO 81101 A G E N D A
<br />Agenda2015AugAmended.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 21, 2015
<br />Herry Andrews Training Center, Alamosa County Facilities
<br />Room 221, 8900 Independence Way Alamosa, CO 81101
<br />A G E N D A
<br />Determine quorum
<br />Biennial Election of Chair and Vice-Chair
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of May 15, 2015
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Presentation about impact of Division 3 Well Use Rules on local water users, by Division 3 Engineer Craig Cotton
<br />Staff Report by Keith Vander Horst
<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
<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 Carey Barnes
<br />Southern High Plains GWMD by Blake Gourley
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel Creek GWMD
<br />Upper Big Sandy GWMD by Dave Taussig
<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 />Update on formation of a GWMD in Upper Crow Creek
<br />New Business
<br />Proposal by Staff to initiate the process to change Designated Basin Rules 5.3.6.1.C and .F defining the locations of nontriburary ground water in the Denver and Laramie-Fox Hills aquifers
<br /> in the Lost Creek and Kiowa Bijou Designated Basins
<br />Public Comments
<br />Executive Session
<br /> Adjournment</
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />August 21, 2015
<br />Agenda2015AugAmended.pdf NOTICE OF GENERAL MEETING OF THE
<br /> 1. Determine quorum 2. Biennial Election of Chair and Vice-Chair 3. Review and approval of agenda items 4. Approval of Minutes for Meeting of May 15, 2015 5. Report of the
<br /> Executive Director by State Engineer Dick Wolfe 6. Commissioners’ Reports 7. Presentation about impact of Division 3 Well Use Rules on local water users, by Division 3 Engineer Craig
<br /> Cotton 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
<br /> any item contained or discussed under this topic to Agenda Item No. 13 for discussion in Executive Session 10. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma
<br /> GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains and East Cheyenne GWMDs by Carey Barnes e. Southern High Plains GWMD by Blake Gourley f. North
<br /> Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel Creek GWMD h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek GWMD by Thomas Sauter j. Upper Crow Creek Basin by Dan Loyd
<br /> k. Republican River Water Conservation District by Deb Daniel 11. Old Business a. Update on formation of a GWMD in Upper Crow Creek 12. New Business a. Proposal by Staff to initiate
<br /> the process to change Designated Basin Rules 5.3.6.1.C and .F defining the locations of nontriburary ground water in the Denver and LaramieFox Hills aquifers in the Lost Creek and Kiowa
<br /> Bijou Designated Basins 13. Public Comments 14. Executive Session 15. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 8:30 a.m., Friday, August 21,
<br /> 2015 Herry Andrews Training Center, Alamosa County Facilities Room 221, 8900 Independence Way Alamosa, CO 81101 A G E N D A
<br />Agenda2015AugDraft.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 21, 2015
<br />Herry Andrews Training Center, Alamosa County Facilities
<br />Room 221, 8900 Independence Way Alamosa, CO 81101
<br />A G E N D A
<br />Determine quorum
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of May 15, 2015
<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 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
<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 Carey Barnes
<br />Southern High Plains GWMD by Blake Gourley
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel Creek GWMD
<br />Upper Big Sandy GWMD by Dave Taussig
<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 />Update on formation of a GWMD in Upper Crow Creek
<br />New Business
<br />Proposal by Staff to initiate the process to change Designated Basin Rules 5.3.6.1.C and .F defining the locations of nontriburary ground water in the Denver and Laramie-Fox Hills aquifers
<br /> in the Lost Creek and Kiowa Bijou Designated Basins
<br />Request by Staff for direction on whether to apply the provision of SB15-183 regarding not re-quantifying historical use of rights that have been previously quantified, including initiation
<br /> of the process to change the rules
<br />Public Comments
<br />Executive Session
<br /> Adjournment</
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />August 21, 2015
<br />August 2015 GWC Enforcement Report.docx
<br />Enforcement Items and Actions
<br />For the period of May - August staff responded to seven complaints on what would turn out to be unfounded violations. Show cause letters and subsequent field inspections were used to
<br /> verify well permit compliance. These individual complaints are not described below.
<br />In addition, our office has a received a number of complaints from various GWMDs involving surface/groundwater ponds in the Denver Basin Designated Basins. Staff is currently working
<br /> with these GWMDs to determine a course of action.
<br />The following violations were discovered last quarter and acted on by staff:
<br />NORTHERN HIGH PLAINS
<br />Plains GWMD
<br />Charles Clapper was found to be operating a large capacity without fulfilling the administrative requirements associated with the well’s change of use authorization. Mr. Clapper has
<br /> addressed the issues, and he is now operating the well in compliance with the change of use authorization.
<br />Arikaree GWMD
<br />It was reported by the District that Donald Richards was operating a large capacity well without entering into an administrative contract for 3rd party meter reporting as required under
<br /> the well’s expanded acres authorization. A show cause letter was sent to Mr. Richards. He responded promptly, and has entered into a contract for administration.
<br />Frenchman GWMD
<br />A water commissioner discovered a well operated by Eagle Creek Farms to be irrigating acres not described by the permit. A show cause letter was sent to the owners and they have since
<br /> filed a change of description of acres application.
<br />GWC_Minutes_8-21-2015_approved.pdf
<br />
<br />HearingOfficersReport2015August.pdf
<br /> 1 HEARING OFFICER'S REPORT Prepared for the August 21, 2015 meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the
<br /> Colorado Ground Water Commission as of August 5, 2015. Updated/new information is indicated in bold italics. Gaps in case numbering indicate case reported on previously is closed
<br /> 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
<br /> 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
<br /> Court for de novo review (see Case No. 03CV1335, Weld County District Court). District Court upheld Commission’s decision on March 9, 2015. Motions for costs pending at District Court
<br /> level. Issue is fully briefed and awaiting decision on costs from Judge. Woodmen Hills Metro Dist, Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Date of request:
<br /> 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
<br /> 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:
<br /> Staff is working with applicant to obtain permits and replacement plan. Cherokee Metro & Meridian Svc Dist. Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Date
<br /> 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
<br /> Creek Designated Basin. 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
<br /> through 12 (09GW15). Case is presently stayed pending outcome of district court declaratory judgment proceedings on stipulation interpretation. Supreme Court issued a decision in
<br /> December on the ability of Meridian to Intervene in the declaratory action regarding the stipulation in 98CW80 and indicated Meridian could intervene and remanded to water court for
<br /> further action. All cases related to the replacement plan are stayed pending the outcome of a determination concerning interpretation of the stipulation as it relates to use and reuse
<br /> within the basin. Action still pending determination by District Court as to whether Order 2 entered by Court is presently appealable. Relevant cases before Commission therefore
<br /> remain stayed. Oral argument before Supreme Court held on December 10, 2014. Supreme Court upheld lower court ruling that nothing in the stipulation, and particularly not its use
<br /> of the word “recharge,” implied abandonment or forfeiture of any right Cherokee might otherwise have to claim future credits within the basin. Matter is remanded to District Court
<br /> who will then remand to the Commission for further proceedings. Cherokee Metropolitan District Case No. 08-GW-78 Designated Basin: Upper Black Squirrel Date of request: Dec.
<br /> 29, 2008 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. Farmer, Edna I Case No. 09-GW-02
<br /> Designated Basin: Upper Black Squirrel Date of request: March 12, 2009 Subject: Objection to an application for Determination of Water Right Status: Stayed pending outcome
<br /> of Cherokee replacement plan case, Case No. 08GW71. The Applicant has recently indicated they may desire to move forward with this case in the near future. Hearing Officer is awaiting
<br /> request from Applicant. The Applicant’s attorney is now indicating they plan on withdrawing these applications. Awaiting paperwork. Farmer, Daniel & Teresa Case No. 09-GW-03
<br /> Designated Basin: Upper Black Squirrel Date of request: March 12, 2009 Subject: Objection to an application for Determination for Water Right Status: Stayed pending Cherokee
<br /> replacement plan case, Case No. 08GW71. Same status as 09-GW-02 above. Meridian Service Metropolitan Dist., Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Date
<br /> of request: June 15, 2009 Subject: Objection concerning an application to change a determination of water right Status: See Case No. 08GW71 above. 3 Cherokee Metro & Meridian
<br /> Svc Dist. Case No. 09-GW-15 Designated Basin: Upper Black Squirrel Date of request: Nov. 17, 2009 Subject: Objection to an application to change the type and place of use
<br /> Status: See Case No. 08GW71 above. Greathouse, William Case No. 11-GW-06 Designated Basin: Southern High Plains Date of request: May 3, 2011 Subject: Objection to the
<br /> Issuance of a Final Permit Status: Staff informed the Hearing Officer they are not obtaining any responses from the lessee. Order to show cause as to why this matter should not
<br /> be dismissed for failure to prosecute mailed November 4, 2014. No response received as of February 3, 2015. Order remanding case to Staff for issuance of Final Permit as published
<br /> and dismissing objection entered. If no appeal filed in 30 days staff may proceed with final processing. As noted, the Hearing Officer issued an Initial Decision/Order on February
<br /> 3, 2015, remanding and closing the case. However, on February 9 or 10, Mr. Greathouse requested that the Hearing Officer reconsider his decision via a phone call to Staff. On April
<br /> 24, 2015, the Hearing Officer issued an Order reopening the case and set it for a Status Conference on June 4, 2015. Application was republished. Objection period ends August 17,
<br /> 2015. Hearing Officer to determine course of action dependent upon objection(s) received. Meridian Service Metropolitan District Case No. 12-GW-10 Designated Basin: Upper Black
<br /> Squirrel Date of request: Jan.-12, 2012 Subject: Nature of water and jurisdiction. Status: Initial decision of Hearing Officer entered on April 25, 2013. Commission upheld Hearing
<br /> Officer’s decision. Meridian appealed to El Paso County District Court. Certification of record on appeal is complete. District Court upheld Commission decision. Appealed to Supreme
<br /> Court, briefs have been filed. Oral argument before the Court scheduled for September 30, 2015 at 1:30 p.m. Front Range Resources, LLC Case No. 13-GW-07 Designated Basin: Lost
<br /> Creek Date of request: Sept. 12, 2013 Subject: Application for approval of a replacement plan located in the Lost Creek Designated Basin 4 Status: Hearing Officer issued order
<br /> per stipulation of the parties and is now on appeal to the District Court. Set for trial before District Court in Adams County, June 6 thru 17, 2016. Arnusch Investments Case
<br /> No. 14-GW-07 Designated Basin: Lost Creek Date of request: Dec.9, 2014 Subject: Application for change in type of use. Status: 4 day hearing set for October 27 – 30, 2015. Magnum
<br /> Feedyard Case No. 14-GW-08 Designated Basin: North Kiowa-Bijou Date of request: Dec. 24, 2014 Subject: Application for change in type of use. Status: Case set for three day
<br /> trial commencing on August 3, 2015 was vacated and remanded to staff on July 30, 2015 as the parties reached a stipulated settlement. Case closed. Burnett, Jay, Burnett Land & Livestock
<br /> LTD LLLP Case No. 14-GW-09 Designated Basin: Upper Crow Ck. Date of request: Dec. 26, 2014 Subject: Objection to applications for appropriations from Upper Laramie Aquifer Status:
<br /> Five day hearing set for November 2 through 6, 2015. Applications withdrawn on July 30, 2015. Case closed. WCR Resources Case No. 15-GW-01 Designated Basin: Lost Creek
<br /> Date of request: Jan. 20, 2015 Subject: Application for change in type of use. Status: Five day hearing set for December 14 through 18, 2015. Beedy, Raymond, Steve and Gary Case
<br /> No. 15-GW-02 Designated Basin: NHP, Arikaree Date of request: February 20, 2015 Subject: Petition for Relief from Staff Actions, Commercial Use issues 5 Status: A hearing was held
<br /> on March 27, 2015. Briefs filed April 24, 2015. Decision of Hearing Officer pending. Hearing Officer entered his decision on May 18, 2015. He denied the request to remove the cease
<br /> and desist order in that he determined no formal cease and desist order had been issued. Hearing Officer denied second request for relief and determined commercial use was only related
<br /> to fish rearing. Third claim for relief was granted and ordered Staff to amend Final Permit 35423-FP to include domestic and livestock use, along with other uses already permitted.
<br /> No appeal filed and therefore final agency action of the Commission. Case closed. Burnett Land & Cattle Company, LTD LLLP Case No. 15-GW-03 Designated Basin: Upper Crow Ck.
<br /> Date of request: March 23, 2015 Subject: Objections to Applications to appropriate water from the White River Formation. Status: A 3 day hearing is set for January 12 through 14,
<br /> 2016. Applicant moved to withdraw application and it was granted on July 28, 2015. Case closed. Wayne E. Booker Revocable Living Trust et al. Case No. 15GW04 Designated Basin:
<br /> Upper Black Squirrel Ck. Date of request: April 21, 2015 Subject: Objections to Applications for Determinations of Water Rights Status: Meridian Service Metropolitan District withdrew
<br /> their objection on July 9, 2015 and therefore, the case was remanded to Staff for administrative processing. Brett Axton Rocky Mountain Roosters Case No. 15GW05 Designated Basin:
<br /> Kiowa Bijou Date of request: May 13, 2015 Subject: Objections to Determinations of water rights from Arapahoe & Denver Status: Status conference held on July 31, 2015 and the parties
<br /> agreed to continue to meet to discuss settlement. Set for a status conference on October 6, 2015. Brett Axton Rocky Mountain Roosters Case No. 15GW06 Designated Basin: Kiowa
<br /> Bijou Date of request: May 13, 2015 Subject: Objections to Replacement Plan Status: Status conference held on July 31, 2015 and the parties agreed to continue to meet to discuss
<br /> settlement. Set for a status conference on October 6, 2015. 6 Robert L. Garner, Cherokee Metro Dist. et al Case No. 15GW08 Designated Basin: Upper Black Squirrel Ck. Date of
<br /> request: July 22, 2015 Subject: Objections to Change in Type of Use Status: Set for Pre-hearing conference on September 16, 2015 Preston Ranch Ministries, LLC Case No. 15GW09
<br /> Designated Basin: Lost Creek Date of request: Aug. 4, 2015 Subject: Objections to Application for Determination of Ground Water Rights Status: Scheduled for Status/Setting Conference
<br /> on August 26, 2015. Guttersen Ranches, LLC Case No. 15GW10 Designated Basin: Lost Creek Date of request: Pending Subject: Objections to Application for Determination of
<br /> Ground Water Rights Status: As of August 4, 2015 awaiting paperwork from Staff to acknowledge receipt of objections and notify parties of setting conference. Objection period has
<br /> not formerly ended but objections have been filed. Respectfully submitted, ______________________________ Joseph (Jody) Grantham, Hearing Officer
<br />Minutes_2015-5-15_Draft.docx MINUTES
<br />
<br />MINUTES
<br />QUARTER QUARTERLY MEETING
<br />COLORADO GROUND WATER COMMISSION
<br />MAY 15, 2015
<br />The Second Quarterly Meeting of the Colorado Ground Water Commission took place on May 15, 2015, at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Chairwoman Carolyn Burr
<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, Marc Arnusch,
<br /> Larry Clever, Blake Gourley, Steve Kramer, Greg Larson, Scott Tietmeyer, Virgil Valdez, Lauren Ris (on behalf of Mike King), Dick Wolfe and Suzanne Sellers (on behalf of James Eklund).
<br /> Staff members present were Kevin Rein, Keith Vander Horst, Richard Nielsen, Chris Grimes, Debbie Gonzales, Shannon Johnson, Justina Mickelson, David Keeler, Andrew Flor, Kevin Donegan
<br /> and Ralf Topper. Also present were Jody Grantham, Hearing Officer, Derek Turner, A.G. for the Commission and Jennifer Mele, A.G. for staff. <Members of the public were also present.
<br />Review and Approval of Agenda Items, Commissioner Burr suggested amending the agenda to include a section between items 3 & 4 for acknowledgments and resolutions.
<br />Commissioner Valdez moved to approve the agenda as amended.
<br />Commission Kramer seconded the motion which passed unanimously.
<br />Approval of Minutes for Meeting of February 20, 2015, Chairwoman Burr asked if there were any corrections or additions to the minutes. <Commissioners Valdez, Sullivan and Arnusch suggested
<br /> amendments
<br />
<br />Commissioner Valdez moved to approve the minutes as amended.
<br />Commissioner Kramer seconded the motion which carried unanimously.
<br />Chairwoman Burr welcomed Commissioner Gourley to the Commission. She also acknowledged the presence of Larry Ross, Commissioner, and Rob Weare, Planner, of Elbert County in audience.
<br /> Ms. Burr then read into the record a resolution for Commissioner<s Max Smith and George Schubert, acknowledging their service as members of the Colorado Ground Water Commission.
<br />Report of the Executive Director by Dick Wolfe
<br />Commissioner Wolfe expressed his appreciation for the service of Max Smith and George Schubert. He then welcomed Mr. Gourley to the Commission, thanking him for volunteering. Mr. Wolfe
<br /> also noticed that Mr. Dan Farmer, who was unable to attend this meeting, was appointed by the Governor to replace George Schubert. Mr. Farmer is expected to be at the August meeting.
<br />
<br />Mr. Wolfe opened his remarks reporting that a stipulation had been reached between the East Cheyenne Ground Water Management District and all other parties (we are waiting on the official
<br /> response from the Plains GWMD) opposing the proposed well measurement rules being developed by East Cheyenne. He informed the Commission that on July 21, 2015 the date for the hearing
<br /> on the rules will be set, most likely for a September date. Also, that per the stipulation with the Big Four Districts, East Cheyenne will be adopt the Rules by July 31, 2015 then
<br /> send them to the Commission for consideration at the August meeting. The East Cheyenne District must have an employee in place to enforce those rules by August 21, 2015. The rules
<br /> will become effective on April 1, 2016.< <Mr. Wolfe advised the Commission that if all procedures and deadlines are not met, the District will fall under the State’s Well Measurement
<br /> Rules as adopted for the Republican River Basin.
<br />Mr. Wolfe informed the Commission that he continues to meet monthly with Kansas and Nebraska over the pipeline. He believes that progress continues to be made in the discussions. Mr.
<br /> Wolfe noted that a public meeting in the northwest corner of the state by Kansas authorities has raised some interesting comments and perspectives of Kansas after the officials heard
<br /> what their local residents thought about the negotiations.
<br />The Commission was advised that the pipeline operated up to early April, delivering 6974 acre-feet. Mr. Wolfe also stated that all of the rain has the streams flowing again and that
<br /> on April 23rd flows were recorded at the Benkelman gage for the first time in three years. Mr. Wolfe went on to say that the flows this morning were 10 cfs which equals 20 acre-feet
<br /> per day.
<br />Mr. Wolfe reported that the committee working on the ground water use rules in the Rio Grande basin held their last meeting earlier this month. He said that the proposed rules will
<br /> be submitted to the Water Court soon. Mr. Wolfe also said that the first Sub-District has received operational approval for the fourth year. The first District covers about half of
<br /> the wells in the Basin and he expects up to six more districts to be formed.
<br />Responding to a question of Commissioner Valdez, Mr. Wolfe indicated that now that the lower limit of the model had been set and staff was working on developing the response functions.
<br /> He anticipates completion in a month.
<br />Commissioner Burr asked Mr. Wolfe if he had any update regarding the administration of Upper Crow Creek by the State of Wyoming. He said that he had not been in touch with the Wyoming
<br /> State Engineer on that matter since the last meeting.
<br />Responding to Commissioner Kramer’s request for an update on the Hutton matter, Mr. Wolfe stated that so far all that has been going on is legal work and that he has nothing else to
<br /> add. Commissioner Kramer said that all of the management districts are willing to do whatever they can to assist with the case.<
<br />Chairwoman Burr called for agenda item no. 5, Commissioners’ reports;
<br />Commissioner Sellers provided an update on the water use directive discussed at the February 25, 2015 meeting. Ms. Sellers said that the Forest Service indicated that, based on the
<br /> nationwide comments, they are going to re-write the directive, in a collaborative manner with the States and Tribes, and to submit that re-write again for public comment. There are
<br /> no dates set at this time.
<br />Ms. Sellers also spoke to the Statewide Water Plan. She said that the CWCB and received 15,000 comments by the May 1, 2015 deadline and that staff is addressing each comment. Ms. Sellers
<br /> advised the Commission that the Basin Roundtables would provide their individual implementation plan next week. After that, the second draft of the water plan will be made public on
<br /> July 15, 2015 with comments due by September 17, 2015.
<br />Chairwoman Burr called for agenda item no. 6, the staff activity report.
<br />Mr. Keith Vander Horst went over his written report. He noted that he was waiting on the Hearing Officer’s ruling on the expedited Beedy case. He also noted there are two new hearing
<br /> cases besides the Beedy case, Burnett Land and Cattle in Upper Crow Creek and WC Resources in Lost Creek. Mr. Vander Horst also noted that the Greathouse case which had been closed
<br /> had been reopened due to a technicality.
<br />Regarding enforcement actions Mr. Vander Horst advised the Commission that two reports of expanded acres in the Arikaree District had been investigated and found to be unsubstantiated.
<br /> He said that a show cause letter had been sent to a well owner in Lost Creek Basin asking for information on a report of expanded acres. Mr. Vander Horst said that in response to
<br /> a complaint from the Upper Black Squirrel Creek District, staff had sent letters to Meridian Metropolitan District and Woodman Hills Metropolitan District stating that they need to
<br />
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