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Trust and the Frances G. Booker Revocable Living Trust, Dan Farmer, Joe Farmer, Jr., Jerry Farmer, Teresa Farmer, Edna Farmer and the Farmer Pipeline Company, LLC, and Staff of the Ground Water Commission. 6 Status: Applicant submitted a Motion for Order Disqualifying Hearing Officer to the Hearing Officer on September 14, 2015 and that motion was denied. Applicant now has different counsel and this matter is scheduled for a five day hearing to begin on February 6, 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 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 Commission was named as a 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 scheduled to begin on March 30, 2017. DENNING, TODD Case No. 15-GW-16 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: Application for change in description of irrigated acres on for three wells. Objections were filed by the Lost Creek Ground Water Management District. Status: The Lost Creek Ground Water Management District withdrew its objection and the matter was remanded to Staff for processing. WOODMEN HILLS METRO DIST. Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: Jen Mele 7 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: This matter is scheduled for a five day hearing to begin on October 31, 2016. KIOWA WATER & WASTEWATER AUTHORITY Case No. 16-GW-1 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 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 Stasburg Sanitation & Water District, case no. 16GW2, is set for a hearing for four days scheduled to begin on May 22-25, 2017. The hearings are set back-to-back so that the trial in 16GW2 will begin when this one ends. STRASBURG SANITATION & WATER DISTRICT Case No. 16-GW-2 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 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. 16GW1, is set for a hearing for four days scheduled to begin on May 22 – 25, 2017. The hearings are set back-to-back so that this trial will begin when 16GW1 is over. HUTTON EDUCATIONAL FOUNDATION V. WOLFE, ETAL Case No. 15CW3018 Designated Basin: Northern High Plains Management District: Attorney: Chad Wallace, Pat Kowaleski 8 Subject: Lawsuit filed by the Hutton Educational Foundation in an effort to make the State Engineer administer designated ground water rights, 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 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: A status conference is set for February 26, 2016. Counsel will be meeting with the Commission in Executive Session to discuss litigation strategies. Agenda2016Feb.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 19, 2016 1313 Sherman St. Rm. 318 Denver, CO 80203 A G E N D A Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of November 20, 2015 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Presentation on the Water Quality Control Commission’s Rulemaking Procedures by Trisha Oeth and Adrew Ross Staff Report by Keith Vander Horst. 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. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Jack Dowell Arikaree GWMD by Rod Mason Plains GWMD by Brandi Baquera East Cheyenne GWMD Southern High Plains GWMD by Blake Gourley North KiowaBijou GWMD by Robert Loose Upper Black Squirrel 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 Water Quality Control Commission’s rulemaking with respect to changing Cherokee Metropolitan District’s discharge standards for Total Dissolved Solids New Business Appointment of Hearing Officer Public Comments Executive Session Discussion of pending litigation in Hutton v. State Engineer and Ground Water Commission, 15-CW-3018 Adjournment</ NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 15, 2015 Agenda2016Feb.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of November 20, 2015 4. Report of the Executive Director by State Engineer Dick Wolfe 5. Commissioners’ Reports 6. Presentation on the Water Quality Control Commission’s Rulemaking Procedures by Trisha Oeth and Adrew Ross 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 Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains GWMD by Brandi Baquera e. East Cheyenne GWMD f. Southern High Plains GWMD by Blake Gourley g. North Kiowa-Bijou GWMD by Robert Loose h. Upper Black Squirrel 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. Water Quality Control Commission’s rulemaking with respect to changing Cherokee Metropolitan District’s discharge standards for Total Dissolved Solids 11. New Business a. Appointment of Hearing Officer 12. Public Comments 13. Executive Session a. Discussion of pending litigation in Hutton v. State Engineer and Ground Water Commission, 15-CW-3018 14. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 19, 2016 1313 Sherman St. Rm. 318 Denver, CO 80203 A G E N D A Agenda2016FebDraft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 19, 2016 1313 Sherman St. Rm. 318 Denver, CO 80203 A G E N D A - DRAFT Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of November 20, 2015 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Presentation on the Water Quality Control Commission’s Rulemaking Procedures by Trisha Oeth and Adrew Ross Staff Report by Keith Vander Horst. 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. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Jack Dowell Arikaree GWMD by Rod Mason Plains GWMD East Cheyenne GWMD Southern High Plains GWMD by Max Smith North KiowaBijou GWMD by Robert Loose Upper Black Squirrel 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 Water Quality Control Commission’s rulemaking with respect to changing Cherokee Metropolitan District’s discharge standards for Total Dissolved Solids New Business Appointment of Hearing Officer Public Comments Executive Session Discussion of pending litigation in Hutton v. State Engineer and Ground Water Commission, 15-CW-3018 Adjournment</ NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 15, 2015 Agenda2016FebDraft.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of November 20, 2015 4. Report of the Executive Director by State Engineer Dick Wolfe 5. Commissioners’ Reports 6. Presentation on the Water Quality Control Commission’s Rulemaking Procedures by Trisha Oeth and Adrew Ross 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 Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains GWMD e. East Cheyenne GWMD f. Southern High Plains GWMD by Max Smith g. North Kiowa-Bijou GWMD by Robert Loose h. Upper Black Squirrel 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. Water Quality Control Commission’s rulemaking with respect to changing Cherokee Metropolitan District’s discharge standards for Total Dissolved Solids 11. New Business a. Appointment of Hearing Officer 12. Public Comments 13. Executive Session a. Discussion of pending litigation in Hutton v. State Engineer and Ground Water Commission, 15-CW-3018 14. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 19, 2016 1313 Sherman St. Rm. 318 Denver, CO 80203 A G E N D A - DRAFT February 2016 _Enforcement Report.docx Enforcement Items and Actions For the period of November 2015 – February 2016 staff has responded to a number of complaints involving the perceived unpermitted use of wells and designated groundwater. Show cause letters and subsequent field inspections have been used to verify compliance on many of these complaints. The matters described below have been determined to be violations occurring last quarter. Staff is in the process of working with the land owners/well owners to achieve compliance. NORTHERN HIGH PLAINS 2016 Over-Pumping Orders On January 12, 2016, Staff issued over-pumping orders to three well owners in the Republican River Basin. <These orders were issued after it was verified that the wells had exceeded their individually permitted acre-foot allocations during the 2015 water year. For the 2016 water year (defined as Nov. 1, 2015 to October 31, 2015), three wells will have their permitted appropriations reduced by the amounts they over-pumped during the 2015 water year. The following owners were issued over-pumping orders for the 2016 water year in the Central Yuma and Sand Hills GWMDs. Central Yuma: </w:t></w:rCure Land - 59 acre-feet over permit Sand Hills:Lanny Harsh - 12 acre-feet over Colorado State Land Board (user - Cure Land) - 62 acre-feet over permit Arikaree GWMD CL Karks was discovered to have commingled irrigation wells without a permit. The owner has applied to commingle the wells, and staff is in the process of evaluating the application. KIOWA BIJOU (outside of management district) John Wellner was found to have excavated ponds on the property without well permits. A show cause letter was sent to Mr. Wellner and he responded agreeing to backfill the ponds. Staff will be performing a field inspection in the spring to confirm compliance. Keith and Nancy Wawrzyniak were found to have excavated a pond on their property without a well permit. A show cause letter was sent to the owners and they quickly responded. At this time, they are pursuing resolution of the violation through a well permit and replacement plan. They would like to maintain the pond for the “aesthetic property value”. UPPER BLACK SQUIRREL CREEK Paul Clarke and Miranda Kovach were discovered to have impounded surface runoff (collected in a pond). Additionally, the <pond has been supplemented by the owners’ small capacity well. A show cause letter was sent to the <owners and they have agreed to backfill the pond and cease the unpermitted pumping of the well. A field inspection will be performed in the spring to verify compliance. Staff continues to work on the “Elliot Ponds” complaints submitted by the District last fall. A field inspection performed on November 4, 2015 revealed a number of violations that will require the owners’ attention, and staff is in the process of completing letters to address the violations identified on the 24 individual properties. Resolution for some of these issues may extend to late Spring as some owners have expressed a desire to obtain well permits and replacement plans and/ or surface water storage rights and augmentation plans to legally permit the ponds. HearingOfficerReport2016Feb.pdf 1 HEARING OFFICER'S REPORT Prepared for the February 19, 2016 meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as of February 3, 2016. 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. District Court recently awarded costs to the well owners in the basin as the prevailing parties. Case is now on appeal to Supreme Court. 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: Staff is working with applicant to obtain permits and replacement plan. Amended replacement plan filed and published. Hearing is set for 5 days commencing on October 31, 2016. 2 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 consolidated with Case Nos. 08GW78 as well as the change case filings for well nos. 9 through 12 (09GW15). Case is presently stayed pending outcome of district court declaratory judgment proceedings on stipulation interpretation. Supreme Court issued a decision in 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 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 within the basin. Action still pending determination by District Court as to whether Order entered by Court is presently appealable. Relevant cases before Commission therefore 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 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. 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. 3 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. 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. 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. 4 WCR Resources Case No. 15-GW-01 Designated Basin: Lost Creek Date of request: Jan. 20, 2015 Subject: Application for change in type of use. Status: Five day hearing is set for December 14 through 18, 2015. All parties came to an agreement and the hearing was vacated and remanded to Staff. Case closed. 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: Status conference held on July 31, 2015 and the parties agreed to continue to meet to discuss settlement. At the status conference held on October 6, 2015, the parties requested more time and it was granted. Next status conference is scheduled for January 20, 2016 to discuss further proceedings. At the status conference held on January 20, 2016, certain objectors were ordered to provide documentation from their site visit to all other parties by February 1, 2016. The Applicant was ordered to determine by April 5, 2016, if further amendments would be filed. Status and setting conference is scheduled for April 5, 2016. 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. Robert L. Garner, Cherokee Metro Dist. et al Case No. 15GW08 Designated Basin: Upper Black Squirrel Ck. Date of request: July 22, 2015 Subject: Objections to Change in Type of Use Status: Hearing is set for July 11 through 13, 2016. 5 Gayln Einspahr Case No. 15GW10 Designated Basin: Northern High Plains, Sandhills Date of request: Aug. 27, 2015 Subject: Objection to an application to reduce permitted acres. Status: Scheduled for a one day hearing on March 15, 2016. Prospect Valley Dairy, LLC Case No. 15GW12 Designated Basin: Lost Creek Date of request: Sept. 10, 2015 Subject: Objection to Replacement Plan application. Status: Parties in settlement discussions. Status conference scheduled for November 13, 2015. Parties came to an agreement and the Hearing Officer issued an order on December 9, 2015 remanding to Staff and closing case. Cervi Enterprises, Inc. Case No. 15GW13 Designated Basin: Lost Creek Date of request: Sept. 16, 2015 Subject: Objections to determination of Water Rights. Status: Two objectors have withdrawn leaving one final objector. Status conference scheduled for November 13, 2015. Parties came to an agreement and the case was remanded to Staff and closed on November 12, 2015. 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: Motion to disqualify Hearing Officer filed by Meridian. Motion is under advisement and awaiting responsive pleadings. Hearing Officer issued order on December 7, 2015 denying the motion to disqualify. The case is set for a 5 day hearing commencing on February 6, 2017. 6 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: Hearing Officer acknowledged receipt of the complaint and on October 28, 2015, ordered Staff to publish the Complaint. Further settings are pending the end of required objection period. Objection period ended. Staff for the Commission filed a Motion to Dismiss the Commission as a defendant in the case. Hearing Officer granted the motion on January 19, 2016 and substituted Dick Wolfe in his capacity as Executive Director of the Commission. Case is set for a 5 day hearing commencing March 20, 2017. Todd Denning Case No. 15GW16 Designated Basin: Lost Creek Date of request: Nov. 17, 2015 Subject Change in description of irrigated acreage. Status: Objection withdrawn, case remanded and closed on December 22, 2015. 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 trial commencing on May 22, 2017. 7 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. Status: Case is set for a 4 day trial commencing on May 22, 2017. Respectfully submitted, ______________________________ Joseph (Jody) Grantham, Hearing Officer Memo_WQCC_StakeholderMeeting.pdf February 3, 2016 M E M O R A N D U M TO: Colorado Ground Water Commission FROM: Jennifer Mele and Keith Vander Horst RE: Cherokee efforts to relax TDS standards for WWTP effluent in Upper Black Squirrel Creek Designated Ground Water Basin Introduction At the November 20, 2015 meeting of the Colorado Ground Water Commission (GWC) Commissioner Dan Farmer requested that the GWC participate in proceedings initiated by Cherokee Metropolitan District (Cherokee) in front of the Water Quality Control Commission (WQCC) to relax the standards for total dissolved solids (TDS) that can be discharged through waste water treatment plan (WWTP) effluent into the Upper Black Squirrel Creek Designated Ground Water Basin under a discharge permit issued by the WQCC. The GWC directed Staff to attend the stakeholder meeting set for January 12, 2016. Keith Vander Horst and Jen Mele attended the hearing in Monument. The purpose of this memorandum is to describe the issue, set forth the timeline of the WQCC process and provide Staff’s recommendation. Description of the Issue Cherokee is seeking a change to the WQCC’s Regulation 42 to allow for a site specific exception to the TDS standard for discharge permits within the Upper Black Squirrel Creek Designated Ground Water Basin. WQCC Regulation 41, adopted in 1987, sets the standard for ground water at 400 mg/l. Such standard is a secondary standard, related to nuisance effects and not health effects, and was intended to be an interim standard. The intent was that specific standards for each aquifer would be adopted, however due to a shortage in resources this has never happened. Some site specific exceptions are contained in Regulation 42, and Cherokee seeks to revise Regulation 42 to provide for a relaxed TDS standard within the UBS Basin which would allow for greater than 400 mg/l of TDS in the water discharged from Cherokee’s WWTP. Cherokee has not yet stated its specific proposal for TDS limits. Page 2 February 3, 2016 The Federal Clean Water Act standard for surface water is 500 mg/l, however with Regulation 41 the WQCC decided to have stricter standard. Cherokee’s consultant stated that once TDS is within the range of 500 mg/l – 600 mg/l, water may begin to taste and smell different. Why Cherokee is seeking the relaxed standard Cherokee has spent $30 million on its WWTP which began operation in July of 2010. The rapid infiltration basins (RIBs) were inadequate and had to be reconstructed, and the plant was designed and constructed without regard for TDS. Cherokee sued the design and construction firms and settled with both at the insurance limits. Now that work on the RIBs is complete, Cherokee is focusing on the TDS standard. In 2013 Cherokee signed a compliance order with the WQCC in which, according to WQCC Staff, Cherokee agreed they would comply with the 400 mg/l requirement. It was not discussed at the stakeholder