DWR_3364076

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 2/17/2017
• Subject: MEETING MATERIALS

Creek Basin are over appropriated 7. Staff Report by Keith Vander Horst. 8. 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 topic 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 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 10. Old Business a. 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 11. New Business a. “Petition For Determination
of Jurisdiction Over Surface Water Within the Upper Black NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 17, 2017 1313 Sherman St.
Rm. 318 Denver, CO 80203 A G E N D A NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION February 17, 2017 A G E N D A (cont.) Squirrel Creek Designated Ground
Water Basin”, from Meridian Service Metropolitan District 12. Public Comments 13. Executive Session (if needed) 14. Adjournment
Crow Creek - Proposal for District Bndry - Final w exhibits 170207.pdf
BEFORE THE COLORADO GROUND WATER COMMISSION CASE NO. _______________________ SUBMISSION OF PROPOSALTO THE COLORADO GROUND WATER COMMISSION FOR DELINEATION AND APPROVAL OF PROPOSED DISTRICT
BOUNDARIES FOR THE FORMATION OF A GROUND WATER MANAGEMENT DISTRICTWITHIN THE UPPER CROW CREEK DESIGNATED GROUNDWATER BASIN, PURSUANT TO C.R.S. § 37-90-118-19 Loyd Farms (“Loyd”), Vonda
J. Tietmeyer (“Tietmeyer”), BCK Heath Property, LLC (“BCK”), and Dennis Zitek (“Zitek”) (collectively, the “Proponents”), by and through their undersigned attorneys, hereby petition
the Colorado Ground Water Commission (the “Commission”) for approval of the enclosed proposed boundaries for the purpose of the formation of a Designated Ground Water Management District
within theUpper Crow Creek Designated Ground Water Basin. The petition is submitted in accordance withC.R.S. § 37-90118through125,andthe Rules of Procedure for All Hearings Beforethe
Colorado Ground Water Commission, 2 Colo.Code Regs. 402-3. In support of this petition, Petitioners state as follows: I. STATEMENT OF COMPLIANCE WITH C.R.S. § 37-90-118 C.R.S. § 37-90-118states
that: "Within areas determined as designated groundwater basins by action of the Commission in accordance with section 37-90-106, ground water management districts may be formed in
the manner, and having the power, provided in sections 37-90-118 to 37-90-135..." The Upper Crow Creek Designated Ground Water Basin was formed by the Commission pursuant to § 37-90-106
by Order issued in Case No. 86-GW-12, effective February 20, 1987 (Exhibit A). The Upper Crow Creek Designated Basin includes the following landswithin its boundaries: 2 Petitioners
propose to designate the boundaries for the Groundwater Management District as to correspond with the boundaries of the Upper Crow Creek Designated Basin, which lands are "within areas
determined as designated groundwater basins by action of the commission in accordance with section 37-90-106." See Exhibit B, attached, for a Map of theproposed District Boundaries.
C.R.S. § 37-90-118further states that: "no district shall be organized unless all groundwater aquifers containing designated groundwater within the geographic boundaries of the district
have been included as a part of the district by the commission." The proposed District boundaries contain within them all five groundwater aquifers containing designated groundwater:
the Upper Crow Creek alluvium, the Quaternary fan aquifer, the White River Aquifer, the Upper Laramie Aquifer, and the Laramie-Fox Hills aquifer. See Exhibit A. II. STATEMENT OF COMPLIANCE
WITH C.R.S. § 37-90-119 Pursuant to C.R.S. § 37-90-119, this pleading constitutes submission of "a proposal for the formation of a designated ground water management district," which
is "first submitted to the ground water commission, which shall make a hydrologic, geographic, and geologic evaluation of the proposed boundaries and recommend any changes in such boundaries
as are indicated by such evaluation. No further stepsfor the formation of such district shall be taken until the commission, in writing, gives its consent to the boundaries thereof.
The commission shall give 3 either its consent or disapproval of the proposed boundaries within ninety days after the proposal has been submitted to it." III. REQUEST FOR EVALUATION,
RECOMMENDATIONS, AND CONSENT This pleading shall also constitute an official request to the Commission forahydrologic, geographic, and geologic evaluation of the proposed boundaries,
and recommendation for any changes for such boundaries as are indicated by the Commission's evaluation. The undersigned proponents also requestthat the Commission issue its decision
either consenting to the proposed boundaries, modified proposed boundaries as per Commission recommendation, or denying consent to the proposed boundaries within ninety days following
thereceipt of this proposal. IV. LIST OF PROPONENTS OF THE ENCLOSED UPPER CROW CREEK MANAGEMENT DISTRICT BOUNDARIES Loyd Farms c/o Dan Loyd 66732 CountyRoad 87 Grover, CO 80729 Vonda
J. Tietmeyer c/o Scott Tietmeyer 67125 Weld County Road 83 Grover, CO 80729-9474 BCK Heath Property, LLC, a Colorado Limited Liability Company c/o Burton C.Kross, Manager 608 East HarmonyRoad,
Suite 203 Fort Collins, CO 80525 Dennis Zitek 46499 Weld County Road 136 Grover, CO 80729 All pleadings, communications and other documents related to this proposalshould be sent to:
P. Andrew Jones, Esq. Curran A. Trick, Esq. Lawrence Jones Custer Grasmick LLP 5245 Ronald Reagan Blvd., Suite 1 Johnstown, CO 80534 Telephone: [phone] [e-mail] [e-mail]
4 Respectfully submitted this 7thday of February, 2017. LAWRENCEJONES CUSTER GRASMICK LLP P. Andrew Jones, #29076 Curran A. Trick, #44914 5245 Ronald Reagan Blvd., Suite 1 Johnstown,
CO 80534 Telephone: [phone] Facsimile No: [phone] E-mail: [e-mail]; [e-mail] Attorneys for ProponentsLoyd Farms, Vonda J. Tietmeyer, BCK Heath Property,
LLC and Dennis Zitek E-filed per Rule 121. Duly signed copy on file at the law offices of Lawrence Jones Custer Grasmick LLP Digitally signed by Curran A. Trick Date: 2017.02.07 13:47:07
-07'00' Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper
Crow Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin
Order Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper Crow
Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin Order Exhibit A - Upper Crow Creek Designated Basin Order
EXHIBIT B Proposed GW Management District Boundaries
February 2017 GWC Meeting Enforcement Report AMENDED.docx
Enforcement Items and Actions
For the period of November - February staff has responded to 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 on many of these.
The matters described below have been determined to be violations occurring last quarter requiring additional action:
NORTHERN HIGH PLAINS
Plains GWMD
Bryan Erker was found to have pumped his irrigation well in excess of his 2016 annual limit, however, because Mr. Erker’s well was recently amended into the Republican River Basin Measurement
Rules, he did not have a beginning meter reading that could be used to accurately calculate the year’s diversion. <Staff chose not to issue Mr. Erker an over-pumping order this year.
We have informed Mr. Erker (in a certified letter) that in 2017 he must ensure he reads and submits meter reports under the Republican River Measurement Rules water year (defined as
Nov. 1, 2016 to Oct. 31, 2017), and we will issue an over-pumping order in 2017 if the well over-pumps.
Clapper Family LLC commingled an irrigation well with other wells without Ground Water Commission Authorization. Staff sent Mr. Clapper a show cause letter on January 30, 2017. We
are awaiting his response.
Central Yuma GWMD
In 2016, an irrigation well owned by Keller Cattle Company was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2017, the well is allowed divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2016 water year.
In 2016, an irrigation well owned by Nadine Renzelman was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2017, the well is allowed to well divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2016
water year.
Marks Butte GWMD
It was discovered that, in 2017, Gary Kramer irrigated acres that were not described on the Final Permit. Staff has been in contact with Mr. Kramer and we have requested that he submit
an application to change the well’s description of irrigated acres.
Arikaree GWMD
In 2016, an irrigation well owned by Drullinger Trust was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2017, the well is allowed to well divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2016
water year.
KIOWA BIJOU
North Kiowa Bijou GWMD
Magnum Feedyard was found to be using a large capacity irrigation well for unpermitted commercial/industrial uses inside a hog confinement facility. In addition, Magnum Feedyards has
filed an application to register an existing well for use in the hog confinement facility. Staff has been in contact with the owner of Magnum Feedyard, Steve Gabel, and we are working
with him to ensure well permit compliance. We will not register the existing well for use in the hog confinement facility.
UPPER BLACK SQUIRREL
Upper Black Squirrel GWMD
In December, Staff, and representatives of the UBSC district, performed a follow-up field inspection of the Blue Springs Subdivision ponds (as seen during the field trip at the August
GWC meeting). While we verified that some owners have breached their ponds and/or lowered culverts to prevent surface storage and to allow stream flow, we identified a few that continue
to have issues. Staff is in the process of pursuing follow-up actions.
February 2017 GWC Meeting Enforcement Report.docx
Enforcement Items and Actions
For the period of November - February staff has responded to 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 on many of these.
The matters described below have been determined to be violations occurring last quarter requiring additional action:
NORTHERN HIGH PLAINS
Plains GWMD
Bryan Erker was found to have pumped his irrigation well in excess of his 2016 annual limit, however, because Mr. Erker’s well was recently amended into the Republican River Basin Measurement
Rules, he did not have a beginning meter reading that could be used to accurately calculate the year’s diversion. <Staff chose not to issue Mr. Erker an over-pumping order this year.
We have informed Mr. Erker (in a certified letter) that in 2017 he must ensure he reads and submits meter reports under the Republican River Measurement Rules water year (defined as
Nov. 1, 2016 to Oct. 31, 2017), and we will issue an over-pumping order in 2017 if the well over-pumps.
Clapper Family LLC commingled an irrigation well with other wells without Ground Water Commission Authorization. Staff sent Mr. Clapper a show cause letter on January 30, 2017. We
are awaiting his response.
Central Yuma GWMD
In 2016, an irrigation well owned by Keller Cattle Company was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2017, the well is allowed divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2016 water year.
In 2016, an irrigation well owned by Nadine Renzelman was pumped in excess of the well’s allowable annual allocation as defined under the Final Permit. Staff has issued an over-pumping
order, and in 2017, the well is allowed to well divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2016
water year.
Marks Butte GWMD
It was discovered that, in 2017, Gary Kramer irrigated acres that were not described on the Final Permit. Staff has been in contact with Mr. Kramer and we have requested that he submit
an application to change the well’s description of irrigated acres.
KIOWA BIJOU
North Kiowa Bijou GWMD
Magnum Feedyard was found to be using a large capacity irrigation well for unpermitted commercial/industrial uses inside a hog confinement facility. In addition, Magnum Feedyards has
filed an application to register an existing well for use in the hog confinement facility. Staff has been in contact with the owner of Magnum Feedyard, Steve Gabel, and we are working
with him to ensure well permit compliance. We will not register the existing well for use in the hog confinement facility.
UPPER BLACK SQUIRREL
Upper Black Squirrel GWMD
In December, Staff, and representatives of the UBSC district, performed a follow-up field inspection of the Blue Springs Subdivision ponds (as seen during the field trip at the August
GWC meeting). While we verified that some owners have breached their ponds and/or lowered culverts to prevent surface storage and to allow stream flow, we identified a few that continue
to have issues. Staff is in the process of pursuing follow-up actions.
HearingOfficersReport2017Feb.pdf
1 HEARING OFFICER'S REPORT Prepared for the February 17, 2017 meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before
the Colorado Ground Water Commission as of January 31, 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. 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. Status: Two weeks of hearing held June 8th thru June 19, 2009. Case 2 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 to Water Court for further action. Supreme Court upheld lower court ruling that nothing
in the stipulation, and particularly not its use 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 who will then remand to the Commission for further proceedings. Still awaiting remand from District Court to continue proceedings.
Cherokee Metropolitan District Case No. 08-GW-78 Designated Basin: Upper Black Squirrel Date of request: Dec. 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. Meridian Service Metropolitan Dist., Case No. 09-GW-11 Designated Basin: Upper Black Squirrel
Date of request: June 15, 2009 Subject: Objection concerning an application to change a determination of water right Status: See Case No. 08GW71 above. Cherokee Metro & Meridian
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
Status: See Case No. 08GW71 above. Meridian Service Metropolitan District Case No. 12-GW-10 Designated Basin: Upper Black Squirrel Date of request: Jan.-12, 2012 Subject:
Nature of water and jurisdiction. 3 Status: Initial decision of Hearing Officer entered on April 25, 2013. Commission upheld Hearing 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 Court, briefs have been filed. Oral argument
before the Supreme Court held on September 30, 2015. Decision issued by Supreme Court upholding District Court and Commission decision. Still awaiting remand from District Court.
Front Range Resources, LLC Case No. 13-GW-07 Designated Basin: Lost Creek Date of request: Sept. 12, 2013 Subject: Application for approval of a replacement plan located in
the Lost Creek Designated Basin Status: Hearing Officer issued order 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. Oral argument on motion to dismiss South Platte water rights from replacement plan held. District Court dismissed South Platte water rights
for inclusion in replacement plan. District Court dismissed case based on issue of speculation. On appeal to Supreme Court. Brett Axton Rocky Mountain Roosters Case No. 15GW05
Designated Basin: Kiowa Bijou Date of request: May 13, 2015 Subject: Objections to Determinations of water rights from Arapahoe & Denver Status: Set for a 5 day hearing commencing
on June 5, 2017. Brett Axton Rocky Mountain Roosters Case No. 15GW06 Designated Basin: Kiowa Bijou Date of request: May 13, 2015 Subject: Objections to Replacement Plan Status:
See 15GW05 above. 4 Gayln Einspahr Case No. 15GW10 Designated Basin: Northern High Plains Date of request: Aug. 27, 2015 Subject: Objection to an application to reduce
permitted acres. Status: Hearing held on March 15, 2016. Decision issued and appealed filed by Mr. Einspahr. Oral argument held before the Commission on November 18, 2016. Commission
upheld Initial Decision of Hearing Officer. No appeal filed. Order is final order of Commission. Case closed. Meridian Metropolitan District Case No. 15GW14 Designated Basin:
Upper Black Squirrel Date of request: Sept. 30, 2015 Subject: Application for Approval of a Replacement Plan. Status: The case is set for a 5 day hearing commencing on February
6, 2017. Presently a motion to vacate is pending before the Hearing Officer. Motion to vacate denied. Cherokee Metropolitan District Case No. 15GW15 Designated Basin: Upper
Black Squirrel Date of request: Oct. 23, 2015 Subject: Verified Complaint for Declaratory Judgment involving Wells 1 through 8. Status: Case is set for a 5 day hearing commencing
March 20, 2017. Motions for partial summary judgment pending before Hearing Officer. Strasburg Sanitation and Water District Case No. 16GW01 Designated Basin: Kiowa-Bijou (North)
Date of request: Jan. 14, 2016 Subject: Objection to issuance of Final Permit, Permit No. 2642-F. Status: Case is set for a 4 day hearing commencing on May 22, 2017. Motion for
Summary Judgment denied. Town of Kiowa Case No. 16GW02 Designated Basin: Kiowa-Bijou Date of request: Jan. 14, 2016 Subject: Objection to issuance of Final Permit, Permit
No. 2794-F. 5 Status: Case is set for a 4 day trial commencing on May 22, 2017. Motion for Summary Judgment denied. Motion for clarification order issued Jan. 24, 2017 concerning
evidence to be presented at hearing. Upper Crow Creek Rule amendments Case No. 16GW04 Designated Basin: Upper Crow Creek Date of request: July 2016 Subject: Determine alluvial,
fan and White River aquifers as overappropriated. Status: Hearing scheduled for February 17, 2017 Commission meeting. Meridian Service Metro District Case No. 16GW05 Designated
Basin: Upper Black Squirrel Date of request: December 16, 2016 Subject: Determine jurisdiction over the replace of depletions caused by evaporation to surface water flowing into and
through lined impoundments in the basin. Status: Scheduled for discussion at February 17, 2017 Commission meeting. Respectfully submitted, ______________________________ Joseph
(Jody) Grantham, Hearing Officer
Letter to CGWC - MSMD Petition for Jurisdiction (2017-02-16).pdf
Lisa M. Thompson, Esq. 1120 Lincoln Street • Suite 1600 [e-mail] Denver, Colorado 80203-2141 303.339.5826 303.861.1963 www.troutlaw.com February 16, 2017 VIA E-MAIL Colorado
Ground Water Commission Virgil Valdez, Commission Chair 1313 Sherman Street Denver, Colorado 80203 Pat Kowaleski, Senior Assistant Attorney General Counsel for Colorado Ground Water
Commission 1300 Broadway, 7th Floor Denver, Colorado 80203 Re: Meridian Service Metropolitan District’s Petition for Determination of Jurisdiction Over Surface Water Within the Upper
Black Squirrel Creek Designated Ground Water Basin Dear Mr. Valdez, Mr. Kowaleski, and Members of the Colorado Ground Water Commission: This firm represents the Upper Black Squirrel
Creek Ground Water Management District (“the UBS District”), a formed and operating ground water management district with the powers enumerated in the Colorado Ground Water Management
Act, C.R.S. § 37-90-101 et seq. In accordance with the Colorado Ground Water Management Act of 1965, the UBS District is charged with conserving, preserving, and protecting the groundwater
resources of the Upper Black Squirrel Creek Designated Ground Water Basin (“UBS Basin”). By this letter, the UBS District seeks to address matters concerning Meridian Service Metropolitan
District’s Petition for Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin, which is to be considered by the Commission
at the upcoming quarterly meeting scheduled for February 17, 2017. Meridian’s Petition seeks a determination as to whether the water that flows into Meridian’s Detention Ponds B and
C constitutes designated groundwater that is subject to the jurisdiction of the Ground Water Commission. As a threshold matter, the UBS District has not been afforded sufficient time
to review and respond to the materials included with Meridian’s Petition. Prior to Mr. Nielsen’s circulation of the February 2017 Commission packet, the UBS District had not previously
received a copy of Meridian’s Petition and, as a result, was unaware that this petition had been filed and that the Commission had scheduled this matter for consideration at this quarter’s
meeting. With so little time between the UBS District’s receipt of Meridian’s Petition and the February Commission meeting during which the petition is to be considered, the District
has been unable to fully evaluate the relief requested therein. Notably, Rule 9.1 of the Commission’s Rules and Regulations for the Management and Control of Designated Ground Water
provides Page 2 that “[t]he Commission shall request written recommendation from the board of directors of any ground water management district before issuing any orders . . . affecting
that district.” As such, considering that Meridian’s Petition was submitted to the Commission in December 2016, a copy of this petition should have been timely provided to the District
upon receipt, to allow the District a sufficient opportunity for review and comment prior to the Commission meeting at which the petition is to be presented. Regarding the substance
of Meridian’s Petition, both the Commission and the Colorado Supreme Court have already directly addressed the issues raised therein concerning the jurisdiction over stormwater runoff
within the UBS Basin. In Case No. 10CW95, Water Division No. 2, Meridian previously filed an application seeking surface water rights for stormwater runoff that, under natural conditions,
would directly recharge the UBS Basin’s aquifer and contribute to the Basin’s water supply. This matter was transferred to the Commission for a determination of jurisdiction in Case
No. 12GW10 and, following a lengthy series of appeals to the District Court of El Paso County and the Colorado Supreme Court, the Supreme Court ultimately determined that the Ground
Water Commission, rather than the Water Court, has jurisdiction over the surface flows in the UBS Basin, to the extent that such flows infiltrate into and recharge the Basin’s alluvial
aquifer within the Basin’s boundaries. See Meridian Serv. Metro. Dist. v. Colo. Ground Water Comm’n, 361 P. 3d 392, 395, 400 (Colo. 2015) (affirming District Court’s holding that the
surface water “claimed by Meridian historically would contribute to the water supply of the Basin through precipitation and was therefore designated ground water over which the Commission
had jurisdiction.”). As such, the issue presented by Meridian’s Petition has been previously addressed and determined, not only by the Commission but by the Colorado Supreme Court.
Furthermore, the relief sought by Meridian’s Petition is improperly limited to the water impounded by Detention Ponds B and C. In addition to these two ponds, Meridian operates four
other ponds, Ponds A, D, E, and F, that also expose, collect, and impound designated groundwater. For reference, a map illustrating the location of each of these detention ponds has
been included with this letter as Attachment A. Because all six of these ponds expose or impound designated groundwater, Meridian’s Petition should not be selectively limited to only
two of the six structures. Rather, to promote efficiency and judicial economy, the Commission should require a replacement plan that includes all of Meridian’s ponds in a single proceeding,
rather than allowing the replacement plans to proceed in a piecemeal fashion. Sincerely, Lisa M. Thompson for TROUT RALEY cc: UBSCGWMD Board of Directors Dick Wolfe, Colorado State